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91_SB0745
LRB9101253EGfg
1 AN ACT to revise the law by combining multiple enactments
2 and making technical corrections.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Nature of this Act.
6 (a) This Act may be cited as the First 1999 General
7 Revisory Act.
8 (b) This Act is not intended to make any substantive
9 change in the law. It reconciles conflicts that have arisen
10 from multiple amendments and enactments and makes technical
11 corrections and revisions in the law.
12 This Act revises and, where appropriate, renumbers
13 certain Sections that have been added or amended by more than
14 one Public Act. In certain cases in which a repealed Act or
15 Section has been replaced with a successor law, this Act
16 incorporates amendments to the repealed Act or Section into
17 the successor law. This Act also corrects errors, revises
18 cross-references, and deletes obsolete text.
19 (c) In this Act, the reference at the end of each
20 amended Section indicates the sources in the Session Laws of
21 Illinois that were used in the preparation of the text of
22 that Section. The text of the Section included in this Act
23 is intended to include the different versions of the Section
24 found in the Public Acts included in the list of sources, but
25 may not include other versions of the Section to be found in
26 Public Acts not included in the list of sources. The list of
27 sources is not a part of the text of the Section.
28 (d) Public Acts 90-567 through 90-810 were considered in
29 the preparation of the combining revisories included in this
30 Act. Many of those combining revisories contain no striking
31 or underscoring because no additional changes are being made
32 in the material that is being combined.
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1 Section 5. The Regulatory Sunset Act is amended by
2 changing Section 4.18 as follows:
3 (5 ILCS 80/4.18)
4 Sec. 4.18. Acts repealed January 1, 2008. The following
5 Acts are repealed on January 1, 2008:
6 The Acupuncture Practice Act.
7 The Clinical Social Work and Social Work Practice Act.
8 The Home Medical Equipment and Services Provider License
9 Act.
10 The Illinois Nursing and Advanced Practice Nursing Act of
11 1987.
12 The Illinois Petroleum Education and Marketing Act.
13 The Illinois Speech-Language Pathology and Audiology
14 Practice Act.
15 The Marriage and Family Therapy Licensing Act.
16 The Nursing Home Administrators Licensing and
17 Disciplinary Act.
18 The Pharmacy Practice Act of 1987.
19 The Physician Assistant Practice Act of 1987.
20 The Podiatric Medical Practice Act of 1987.
21 The Real Estate Appraiser Licensing Act.
22 (Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 12-30-97;
23 90-69, eff. 7-8-97; 90-76, eff. 7-8-97; 90-150, eff.
24 12-30-97; 90-248, eff. 1-1-98; 90-532, eff. 11-14-97; 90-571,
25 eff. 7-1-98; incorporates 90-614, eff. 7-10-98; 90-655, eff
26 7-30-98; revised 9-23-98.)
27 (5 ILCS 80/4.19 rep.)
28 Section 5.1. The Regulatory Sunset Act is amended by
29 repealing Section 4.19 as added by Public Act 90-614.
30 Section 6. The Illinois Administrative Procedure Act is
31 amended by changing Sections 5-45 and 5-100 as follows:
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1 (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
2 Sec. 5-45. Emergency rulemaking.
3 (a) "Emergency" means the existence of any situation
4 that any agency finds reasonably constitutes a threat to the
5 public interest, safety, or welfare.
6 (b) If any agency finds that an emergency exists that
7 requires adoption of a rule upon fewer days than is required
8 by Section 5-40 and states in writing its reasons for that
9 finding, the agency may adopt an emergency rule without prior
10 notice or hearing upon filing a notice of emergency
11 rulemaking with the Secretary of State under Section 5-70.
12 The notice shall include the text of the emergency rule and
13 shall be published in the Illinois Register. Consent orders
14 or other court orders adopting settlements negotiated by an
15 agency may be adopted under this Section. Subject to
16 applicable constitutional or statutory provisions, an
17 emergency rule becomes effective immediately upon filing
18 under Section 5-65 or at a stated date less than 10 days
19 thereafter. The agency's finding and a statement of the
20 specific reasons for the finding shall be filed with the
21 rule. The agency shall take reasonable and appropriate
22 measures to make emergency rules known to the persons who may
23 be affected by them.
24 (c) An emergency rule may be effective for a period of
25 not longer than 150 days, but the agency's authority to adopt
26 an identical rule under Section 5-40 is not precluded. No
27 emergency rule may be adopted more than once in any 24 month
28 period, except that this limitation on the number of
29 emergency rules that may be adopted in a 24 month period does
30 not apply to (i) emergency rules that make additions to and
31 deletions from the Drug Manual under Section 5-5.16 of the
32 Illinois Public Aid Code or the generic drug formulary under
33 Section 3.14 of the Illinois Food, Drug and Cosmetic Act or
34 (ii) emergency rules adopted by the Pollution Control Board
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1 before July 1, 1997 to implement portions of the Livestock
2 Management Facilities Act. Two or more emergency rules
3 having substantially the same purpose and effect shall be
4 deemed to be a single rule for purposes of this Section.
5 (d) In order to provide for the expeditious and timely
6 implementation of the State's fiscal year 1999 budget,
7 emergency rules to implement any provision of Public Act
8 90-587 or 90-588 this amendatory Act of 1998 or any other
9 budget initiative for fiscal year 1999 may be adopted in
10 accordance with this Section by the agency charged with
11 administering that provision or initiative, except that the
12 24-month limitation on the adoption of emergency rules and
13 the provisions of Sections 5-115 and 5-125 do not apply to
14 rules adopted under this subsection (d). The adoption of
15 emergency rules authorized by this subsection (d) shall be
16 deemed to be necessary for the public interest, safety, and
17 welfare.
18 (Source: P.A. 89-714, eff. 2-21-97; 90-9, eff. 7-1-97;
19 90-587, eff. 7-1-98; 90-588, eff. 7-1-98; revised 9-16-98.)
20 (5 ILCS 100/5-80) (from Ch. 127, par. 1005-80)
21 Sec. 5-80. Publication of rules.
22 (a) The Secretary of State shall, by rule, prescribe a
23 uniform system for the codification of rules. The Secretary
24 of State shall also, by rule, establish a schedule for
25 compliance with the uniform codification system. The
26 Secretary of State shall not adopt any codification system or
27 schedule under this subsection without the approval of the
28 Joint Committee on Administrative Rules. Approval by the
29 Joint Committee shall be conditioned solely upon establishing
30 that the proposed codification system and schedule are
31 compatible with existing electronic data processing equipment
32 and programs maintained by and for the General Assembly.
33 Nothing in this Section shall prohibit an agency from
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1 adopting rules in compliance with the codification system
2 earlier than specified in the schedule.
3 (b) Each rule proposed in compliance with the
4 codification system shall be reviewed by the Secretary of
5 State before the expiration of the public notice period under
6 subsection (b) of Section 5-40. The Secretary of State shall
7 cooperate with agencies in the Secretary of State's review to
8 insure that the purposes of the codification system are
9 accomplished. The Secretary of State shall have the authority
10 to make changes in the numbering and location of the rule in
11 the codification scheme if those changes do not affect the
12 meaning of the rules. The Secretary of State may recommend
13 changes in the sectioning and headings proposed by the agency
14 and suggest grammatical and technical changes to correct
15 errors. The Secretary of State may add notes concerning the
16 statutory authority, dates proposed and adopted, and other
17 similar notes to the text of the rules, if the notes are not
18 supplied by the agency. This review by the Secretary of
19 State shall be for the purpose of insuring the uniformity of
20 and compliance with the codification system. The Secretary
21 of State shall prepare indexes by agency, subject matter, and
22 statutory authority and any other necessary indexes, tables,
23 and other aids for locating rules to assist the public in the
24 use of the Code.
25 (c) The Secretary of State shall make available to the
26 agency and the Joint Committee on Administrative Rules copies
27 of the changes in the numbering and location of the rule in
28 the codification scheme, the recommended changes in the
29 sectioning and headings, and the suggestions made concerning
30 the correction of grammatical and technical errors or other
31 suggested changes. The agency, in the notice required by
32 subsection (c) of Section 5-40, shall provide to the Joint
33 Committee a response to the recommendations of the Secretary
34 of State including any reasons for not adopting the
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1 recommendations.
2 (d) If a reorganization of agencies, transfer of
3 functions between agencies, or abolishment of agencies by
4 executive order or law affects rules on file with the
5 Secretary of State, the Secretary of State shall notify the
6 Governor, the Attorney General, and the agencies involved of
7 the effects upon the rules on file. If the Governor or the
8 agencies involved do not respond to the Secretary of State's
9 notice within 45 days by instructing the Secretary of State
10 to delete or transfer the rules, the Secretary of State may
11 delete or place the rules under the appropriate agency for
12 the purpose of insuring the consistency of the codification
13 scheme and shall notify the Governor, the Attorney General,
14 and the agencies involved.
15 (e) (Blank).
16 (f) The Secretary of State shall ensure that the
17 Illinois Administrative Code is published and made available
18 to the public in a form that is updated at least annually.
19 The Code shall contain the complete text of all rules of all
20 State agencies filed with the Secretary's office and
21 effective on October 1, 1984, or later and the indexes,
22 tables, and other aids for locating rules prepared by the
23 Secretary of State. The Secretary of State shall design the
24 Illinois Register to supplement the Code. The Secretary of
25 State shall ensure that copies of the Illinois Register are
26 available to the public and governmental entities and
27 agencies.
28 If the Secretary of State determines that the Secretary's
29 office will publish and distribute either the Register or the
30 Code, the Secretary shall make copies available to the public
31 at a reasonable fee, established by the Secretary by rule,
32 and shall make copies available to governmental entities and
33 agencies at a price covering publication and mailing costs
34 only.
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1 The Secretary of State shall make the electronically
2 stored database of the Illinois Register and the Code
3 available in accordance with this Section and Section 5.08 of
4 the Legislative Information System Act.
5 (g) The publication of a rule in the Code or in the
6 Illinois Register as an adopted rule shall establish a
7 rebuttable presumption that the rule was duly filed and that
8 the text of the rule as published in the Code is the text of
9 the rule as adopted. Publication of the text of a rule in any
10 other location whether by the agency or some other person
11 shall not be taken as establishing such a presumption.
12 Judicial or official notice shall be taken of the text of
13 each rule published in the Code or Register.
14 (h) The codification system, the indexes, tables, and
15 other aids for locating rules prepared by the Secretary of
16 State, notes, and other materials developed under this
17 Section in connection with the publication of the Illinois
18 Administrative Code and the Illinois Register shall be the
19 official compilations of the administrative rules of Illinois
20 and shall be entirely in the public domain for purposes of
21 federal copyright law.
22 (i) The Legislative Information System shall maintain on
23 its electronic data processing equipment the complete text of
24 the Illinois Register and Illinois Administrative Code
25 created in compliance with this Act. This electronic
26 information shall be made available for use in the
27 publication of the Illinois Register and Illinois
28 Administrative Code by the Secretary of State if the
29 Secretary determines that his office will publish these
30 materials as authorized by subsection (f).
31 (j) The Legislative Information System, upon
32 consultation with the Joint Committee on Administrative Rules
33 and the Secretary of State, shall make the electronically
34 stored database of the Illinois Register and the Illinois
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1 Administrative Code available in an electronically stored
2 medium to those who request it. The Legislative Information
3 System shall establish and charge a reasonable fee for
4 providing the electronic information. Amounts received under
5 this Section shall be deposited into the General Assembly
6 Computer Equipment Revolving Fund.
7 (Source: P.A. 87-823; 88-535; revised 10-31-98.)
8 Section 7. The Freedom of Information Act is amended by
9 changing Section 7 as follows:
10 (5 ILCS 140/7) (from Ch. 116, par. 207)
11 Sec. 7. Exemptions.
12 (1) The following shall be exempt from inspection and
13 copying:
14 (a) Information specifically prohibited from
15 disclosure by federal or State law or rules and
16 regulations adopted under federal or State law.
17 (b) Information that, if disclosed, would
18 constitute a clearly unwarranted invasion of personal
19 privacy, unless the disclosure is consented to in writing
20 by the individual subjects of the information. The
21 disclosure of information that bears on the public duties
22 of public employees and officials shall not be considered
23 an invasion of personal privacy. Information exempted
24 under this subsection (b) shall include but is not
25 limited to:
26 (i) files and personal information maintained
27 with respect to clients, patients, residents,
28 students or other individuals receiving social,
29 medical, educational, vocational, financial,
30 supervisory or custodial care or services directly
31 or indirectly from federal agencies or public
32 bodies;
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1 (ii) personnel files and personal information
2 maintained with respect to employees, appointees or
3 elected officials of any public body or applicants
4 for those positions;
5 (iii) files and personal information
6 maintained with respect to any applicant, registrant
7 or licensee by any public body cooperating with or
8 engaged in professional or occupational
9 registration, licensure or discipline;
10 (iv) information required of any taxpayer in
11 connection with the assessment or collection of any
12 tax unless disclosure is otherwise required by State
13 statute; and
14 (v) information revealing the identity of
15 persons who file complaints with or provide
16 information to administrative, investigative, law
17 enforcement or penal agencies; provided, however,
18 that identification of witnesses to traffic
19 accidents, traffic accident reports, and rescue
20 reports may be provided by agencies of local
21 government, except in a case for which a criminal
22 investigation is ongoing, without constituting a
23 clearly unwarranted per se invasion of personal
24 privacy under this subsection.
25 (c) Records compiled by any public body for
26 administrative enforcement proceedings and any law
27 enforcement or correctional agency for law enforcement
28 purposes or for internal matters of a public body, but
29 only to the extent that disclosure would:
30 (i) interfere with pending or actually and
31 reasonably contemplated law enforcement proceedings
32 conducted by any law enforcement or correctional
33 agency;
34 (ii) interfere with pending administrative
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1 enforcement proceedings conducted by any public
2 body;
3 (iii) deprive a person of a fair trial or an
4 impartial hearing;
5 (iv) unavoidably disclose the identity of a
6 confidential source or confidential information
7 furnished only by the confidential source;
8 (v) disclose unique or specialized
9 investigative techniques other than those generally
10 used and known or disclose internal documents of
11 correctional agencies related to detection,
12 observation or investigation of incidents of crime
13 or misconduct;
14 (vi) constitute an invasion of personal
15 privacy under subsection (b) of this Section;
16 (vii) endanger the life or physical safety of
17 law enforcement personnel or any other person; or
18 (viii) obstruct an ongoing criminal
19 investigation.
20 (d) Criminal history record information maintained
21 by State or local criminal justice agencies, except the
22 following which shall be open for public inspection and
23 copying:
24 (i) chronologically maintained arrest
25 information, such as traditional arrest logs or
26 blotters;
27 (ii) the name of a person in the custody of a
28 law enforcement agency and the charges for which
29 that person is being held;
30 (iii) court records that are public;
31 (iv) records that are otherwise available
32 under State or local law; or
33 (v) records in which the requesting party is
34 the individual identified, except as provided under
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1 part (vii) of paragraph (c) of subsection (1) of
2 this Section.
3 "Criminal history record information" means data
4 identifiable to an individual and consisting of
5 descriptions or notations of arrests, detentions,
6 indictments, informations, pre-trial proceedings, trials,
7 or other formal events in the criminal justice system or
8 descriptions or notations of criminal charges (including
9 criminal violations of local municipal ordinances) and
10 the nature of any disposition arising therefrom,
11 including sentencing, court or correctional supervision,
12 rehabilitation and release. The term does not apply to
13 statistical records and reports in which individuals are
14 not identified and from which their identities are not
15 ascertainable, or to information that is for criminal
16 investigative or intelligence purposes.
17 (e) Records that relate to or affect the security
18 of correctional institutions and detention facilities.
19 (f) Preliminary drafts, notes, recommendations,
20 memoranda and other records in which opinions are
21 expressed, or policies or actions are formulated, except
22 that a specific record or relevant portion of a record
23 shall not be exempt when the record is publicly cited and
24 identified by the head of the public body. The exemption
25 provided in this paragraph (f) extends to all those
26 records of officers and agencies of the General Assembly
27 that pertain to the preparation of legislative documents.
28 (g) Trade secrets and commercial or financial
29 information obtained from a person or business where the
30 trade secrets or information are proprietary, privileged
31 or confidential, or where disclosure of the trade secrets
32 or information may cause competitive harm, including all
33 information determined to be confidential under Section
34 4002 of the Technology Advancement and Development Act.
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1 Nothing contained in this paragraph (g) shall be
2 construed to prevent a person or business from consenting
3 to disclosure.
4 (h) Proposals and bids for any contract, grant, or
5 agreement, including information which if it were
6 disclosed would frustrate procurement or give an
7 advantage to any person proposing to enter into a
8 contractor agreement with the body, until an award or
9 final selection is made. Information prepared by or for
10 the body in preparation of a bid solicitation shall be
11 exempt until an award or final selection is made.
12 (i) Valuable formulae, designs, drawings and
13 research data obtained or produced by any public body
14 when disclosure could reasonably be expected to produce
15 private gain or public loss.
16 (j) Test questions, scoring keys and other
17 examination data used to administer an academic
18 examination or determined the qualifications of an
19 applicant for a license or employment.
20 (k) Architects' plans and engineers' technical
21 submissions for projects not constructed or developed in
22 whole or in part with public funds and for projects
23 constructed or developed with public funds, to the extent
24 that disclosure would compromise security.
25 (l) Library circulation and order records
26 identifying library users with specific materials.
27 (m) Minutes of meetings of public bodies closed to
28 the public as provided in the Open Meetings Act until the
29 public body makes the minutes available to the public
30 under Section 2.06 of the Open Meetings Act.
31 (n) Communications between a public body and an
32 attorney or auditor representing the public body that
33 would not be subject to discovery in litigation, and
34 materials prepared or compiled by or for a public body in
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1 anticipation of a criminal, civil or administrative
2 proceeding upon the request of an attorney advising the
3 public body, and materials prepared or compiled with
4 respect to internal audits of public bodies.
5 (o) Information received by a primary or secondary
6 school, college or university under its procedures for
7 the evaluation of faculty members by their academic
8 peers.
9 (p) Administrative or technical information
10 associated with automated data processing operations,
11 including but not limited to software, operating
12 protocols, computer program abstracts, file layouts,
13 source listings, object modules, load modules, user
14 guides, documentation pertaining to all logical and
15 physical design of computerized systems, employee
16 manuals, and any other information that, if disclosed,
17 would jeopardize the security of the system or its data
18 or the security of materials exempt under this Section.
19 (q) Documents or materials relating to collective
20 negotiating matters between public bodies and their
21 employees or representatives, except that any final
22 contract or agreement shall be subject to inspection and
23 copying.
24 (r) Drafts, notes, recommendations and memoranda
25 pertaining to the financing and marketing transactions of
26 the public body. The records of ownership, registration,
27 transfer, and exchange of municipal debt obligations, and
28 of persons to whom payment with respect to these
29 obligations is made.
30 (s) The records, documents and information relating
31 to real estate purchase negotiations until those
32 negotiations have been completed or otherwise terminated.
33 With regard to a parcel involved in a pending or actually
34 and reasonably contemplated eminent domain proceeding
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1 under Article VII of the Code of Civil Procedure,
2 records, documents and information relating to that
3 parcel shall be exempt except as may be allowed under
4 discovery rules adopted by the Illinois Supreme Court.
5 The records, documents and information relating to a real
6 estate sale shall be exempt until a sale is consummated.
7 (t) Any and all proprietary information and records
8 related to the operation of an intergovernmental risk
9 management association or self-insurance pool or jointly
10 self-administered health and accident cooperative or
11 pool.
12 (u) Information concerning a university's
13 adjudication of student or employee grievance or
14 disciplinary cases, to the extent that disclosure would
15 reveal the identity of the student or employee and
16 information concerning any public body's adjudication of
17 student or employee grievances or disciplinary cases,
18 except for the final outcome of the cases.
19 (v) Course materials or research materials used by
20 faculty members.
21 (w) Information related solely to the internal
22 personnel rules and practices of a public body.
23 (x) Information contained in or related to
24 examination, operating, or condition reports prepared by,
25 on behalf of, or for the use of a public body responsible
26 for the regulation or supervision of financial
27 institutions or insurance companies, unless disclosure is
28 otherwise required by State law.
29 (y) Information the disclosure of which is
30 restricted under Section 5-108 of the Public Utilities
31 Act.
32 (z) Manuals or instruction to staff that relate to
33 establishment or collection of liability for any State
34 tax or that relate to investigations by a public body to
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1 determine violation of any criminal law.
2 (aa) Applications, related documents, and medical
3 records received by the Experimental Organ
4 Transplantation Procedures Board and any and all
5 documents or other records prepared by the Experimental
6 Organ Transplantation Procedures Board or its staff
7 relating to applications it has received.
8 (bb) Insurance or self insurance (including any
9 intergovernmental risk management association or self
10 insurance pool) claims, loss or risk management
11 information, records, data, advice or communications.
12 (cc) Information and records held by the Department
13 of Public Health and its authorized representatives
14 relating to known or suspected cases of sexually
15 transmissible disease or any information the disclosure
16 of which is restricted under the Illinois Sexually
17 Transmissible Disease Control Act.
18 (dd) Information the disclosure of which is
19 exempted under Section 30 of the Radon Industry Licensing
20 Act.
21 (ee) Firm performance evaluations under Section 55
22 of the Architectural, Engineering, and Land Surveying
23 Qualifications Based Selection Act.
24 (ff) Security portions of system safety program
25 plans, investigation reports, surveys, schedules, lists,
26 data, or information compiled, collected, or prepared by
27 or for the Regional Transportation Authority under
28 Section 2.11 of the Regional Transportation Authority Act
29 or the State of Missouri under the Bi-State Transit
30 Safety Act.
31 (gg) Information the disclosure of which is
32 restricted and exempted under Section 50 of the Illinois
33 Prepaid Tuition Act.
34 (hh) Information the disclosure of which is
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1 exempted under Section 80 of the State Gift Ban Act.
2 (ii) Beginning July 1, 1999, (hh) information that
3 would disclose or might lead to the disclosure of secret
4 or confidential information, codes, algorithms, programs,
5 or private keys intended to be used to create electronic
6 or digital signatures under the Electronic Commerce
7 Security Act.
8 (2) This Section does not authorize withholding of
9 information or limit the availability of records to the
10 public, except as stated in this Section or otherwise
11 provided in this Act.
12 (Source: P.A. 90-262, eff. 7-30-97; 90-273, eff. 7-30-97;
13 90-546, eff. 12-1-97; 90-655, eff. 7-30-98; 90-737, eff.
14 1-1-99; 90-759, eff. 7-1-99; revised 9-8-98.)
15 Section 8. The Illinois Notary Public Act is amended by
16 changing Sections 2-104 and 3-106 as follows:
17 (5 ILCS 312/2-104) (from Ch. 102, par. 202-104)
18 Sec. 2-104. Oath. Every applicant for appointment and
19 commission as a notary public shall take the following oath
20 in the presence of a person qualified to administer an oath
21 in this State:
22 "I, (name of applicant), solemnly affirm, under the
23 penalty of perjury, that the answers to all questions in this
24 application are true, complete, and correct; that I have
25 carefully read the notary law of this State; and that, if
26 appointed and commissioned as a notary public, I will perform
27 faithfully, to the best of my ability, all notarial acts in
28 accordance with the law.
29 ................. (Signature of applicant)
30 Subscribed and affirmed before me on (insert date). this
31 ____ day of ____, 19__.
32 ................... (Official signature and official seal
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1 of notary)".
2 (Source: P.A. 84-322; revised 10-20-98.)
3 (5 ILCS 312/3-106) (from Ch. 102, par. 203-106)
4 Sec. 3-106. Certificate of Authority. Upon the receipt
5 of a written request, the notarized document, and a fee of $2
6 payable to the Secretary of State or County Clerk, the Office
7 of the Secretary of State or County Clerk shall provide a
8 certificate of authority in substantially the following form:
9 I ............... (Secretary of State or ......... County
10 Clerk) of the State of Illinois, which office is an office of
11 record having a seal, certify that ........ (notary's name),
12 by whom the foregoing or annexed document was notarized, was,
13 on (insert date), the ____ day of ____, 19__, appointed and
14 commissioned a notary public in and for the State of Illinois
15 and that as such, full faith and credit is and ought to be
16 given to this notary's official attestations. In testimony
17 whereof, I have affixed my signature and the seal of this
18 office on (insert date). this ____ day of ____, 19__.
19 ................................................
20 (Secretary of State or ...... County Clerk).
21 (Source: P.A. 84-322; revised 10-20-98.)
22 Section 9. The Voluntary Payroll Deductions Act of 1983
23 is amended by changing Sections 3 and 7 as follows:
24 (5 ILCS 340/3) (from Ch. 15, par. 503)
25 Sec. 3. Definitions. As used in this Act unless the
26 context otherwise requires:
27 (a) "Employee" means any regular officer or employee who
28 receives salary or wages for personal services rendered to
29 the State of Illinois.
30 (b) "Qualified organization" means an organization
31 representing one or more benefiting agencies, which
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1 organization is designated by the State Comptroller as
2 qualified to receive payroll deductions under this Act. An
3 organization desiring to be designated as a qualified
4 organization shall:
5 (1) Submit written designations on forms approved
6 by the State Comptroller by 4,000 or more employees, in
7 which such employees indicate that the organization is
8 one for which the employee intends to authorize
9 withholding. The forms shall require the name, social
10 security number, and employing State agency for each
11 employee. Upon notification by the Comptroller that such
12 forms have been approved, the organization shall, within
13 30 days, notify in writing the Governor or his designee
14 of its intention to obtain the required number of
15 designations. Such organization shall have 12 months
16 from that date, to obtain the necessary designations. The
17 signed forms and signatures on the forms shall be subject
18 to verification by the State Comptroller;
19 (2) Certify that all benefiting agencies are tax
20 exempt under Section 501(c)(3) of the Internal Revenue
21 Code;
22 (3) Certify that all benefiting agencies are in
23 compliance with the Illinois Human Rights Act;
24 (4) Certify that all benefiting agencies are in
25 compliance with the Charitable Trust Act and the
26 Solicitation for Charity Act;
27 (5) Certify that all benefiting agencies actively
28 conduct health or welfare programs and provide services
29 to individuals directed at one or more of the following
30 common human needs within a community: service, research,
31 and education in the health fields; family and child care
32 services; protective services for children and adults;
33 services for children and adults in foster care; services
34 related to the management and maintenance of the home;
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1 day care services for adults; transportation services;
2 information, referral and counseling services; services
3 to eliminate illiteracy; the preparation and delivery of
4 meals; adoption services; emergency shelter care and
5 relief services; disaster relief services; safety
6 services; neighborhood and community organization
7 services; recreation services; social adjustment and
8 rehabilitation services; health support services; or a
9 combination of such services designed to meet the special
10 needs of specific groups, such as children and youth, the
11 ill and infirm, and the physically handicapped; and that
12 all such benefiting agencies provide the above described
13 services to individuals and their families in the
14 community and surrounding area in which the organization
15 conducts its fund drive, or that such benefiting agencies
16 provide relief to victims of natural disasters and other
17 emergencies on a where and as needed basis;
18 (6) Certify that the organization has disclosed the
19 percentage of the organization's total collected receipts
20 from employees that are distributed to the benefiting
21 agencies and the percentage of the organization's total
22 collected receipts from employees that are expended for
23 fund-raising and overhead costs. These percentages shall
24 be the same percentage figures annually disclosed by the
25 organization to the Attorney General. The disclosure
26 shall be made to all solicited employees and shall be in
27 the form of a factual statement on all petitions and in
28 the campaign's employee brochure;
29 (7) Certify that all benefiting agencies receiving
30 funds which the employee has requested or designated for
31 distribution to a particular community and surrounding
32 area use a majority of such funds distributed for
33 services in the actual provision of services in that
34 community and surrounding area;
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1 (8) Certify that neither it nor its member
2 organizations will solicit State employees for
3 contributions at their workplace, except pursuant to this
4 Act and the rules promulgated thereunder. Each qualified
5 organization, and each participating United Fund, is
6 encouraged to cooperate with all others and with all
7 State agencies and educational institutions so as to
8 simplify procedures, to resolve differences and to
9 minimize costs;
10 (9) Certify that it will pay its share of the
11 campaign costs and will comply with the Code of Campaign
12 Conduct as approved by the Governor or other agency as
13 designated by the Governor;
14 (10) Certify that it maintains a year-round office,
15 the telephone number, and person responsible for the
16 operations of the organization in Illinois. That
17 information shall be provided to the State Comptroller at
18 the time the organization is seeking participation under
19 this Act; and
20 (11) Provide (i) an annual audit, in conformance
21 with generally accepted accounting procedures and current
22 to within 12 months of the organization's fiscal
23 year-end, (ii) Internal Revenue Service Form 990 covering
24 the same period as the submitted audit, and (iii) an
25 annual report of the organization's activities, current
26 to within 12 months of the organization's fiscal year. If
27 a qualifying organization represents more than one
28 benefiting agency, it shall also certify that the
29 documentation required by this paragraph is on file for
30 those agencies. The Comptroller is authorized to request
31 documentation of the qualifying organization for any or
32 all of the benefiting agencies upon written request. The
33 qualifying organization shall have 10 business days to
34 respond after it receives the request.
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1 Each qualified organization shall submit to the State
2 Comptroller between January 1 and March 1 of each year, a
3 statement that the organization is in compliance with all of
4 the requirements set forth in paragraphs (2) through (11).
5 The State Comptroller shall exclude any organization that
6 fails to submit the statement from the next solicitation
7 period.
8 In order to be designated as a qualified organization,
9 the organization shall have existed at least 2 years prior to
10 submitting the written designation forms required in
11 paragraph (1) and shall certify to the State Comptroller that
12 such organization has been providing services described in
13 paragraph (5) in Illinois. If the organization seeking
14 designation represents more than one benefiting agency, it
15 need not have existed for 2 years but shall certify to the
16 State Comptroller that each of its benefiting agencies has
17 existed for at least 2 years prior to submitting the written
18 designation forms required in paragraph (1) and that each has
19 been providing services described in paragraph (5) in
20 Illinois.
21 Organizations which have met the requirements of this Act
22 shall be permitted to participate in the State and
23 Universities Combined Appeal as of January 1st of the year
24 immediately following their approval by the Comptroller.
25 Where the certifications described in paragraphs (2),
26 (3), (4), (5), (6), (7), (8), (9), (10), and (11) 2, 3, 4, 5,
27 6, 7, 8, 9, 10, and 11 above are made by an organization
28 representing more than one benefiting agency they shall be
29 based upon the knowledge and belief of such qualified
30 organization. Any qualified organization shall immediately
31 notify the State Comptroller in writing if the qualified
32 organization receives information or otherwise believes that
33 a benefiting agency is no longer in compliance with the
34 certification of the qualified organization. A qualified
-22- LRB9101253EGfg
1 organization representing more than one benefiting agency
2 shall thereafter withhold and refrain from distributing to
3 such benefiting agency those funds received pursuant to this
4 Act until the benefiting agency is again in compliance with
5 the qualified organization's certification. The qualified
6 organization shall immediately notify the State Comptroller
7 of the benefiting agency's resumed compliance with the
8 certification, based upon the qualified organization's
9 knowledge and belief, and shall pay over to the benefiting
10 agency those funds previously withheld.
11 The Comptroller shall, by February 1st of each year, so
12 notify any qualified organization that failed to receive at
13 least 500 payroll deduction pledges during each immediately
14 preceding solicitation period as set forth in Section 6. The
15 notification shall give such qualified organization until
16 March 1st to provide the Comptroller with documentation that
17 the 500 deduction requirement has been met. On the basis of
18 all the documentation, the Comptroller shall, by March 15th
19 of each year, submit to the Governor or his designee, or such
20 other agency as may be determined by the Governor, a list of
21 all organizations which have met the 500 payroll deduction
22 requirement. Only those organizations which have met such
23 requirements, as well as the other requirements of this
24 Section, shall be permitted to solicit State employees for
25 voluntary contributions and the Comptroller shall discontinue
26 withholding for any such organization which fails to meet
27 these requirements.
28 (c) "United Fund" means the organization conducting the
29 single, annual, consolidated effort to secure funds for
30 distribution to agencies engaged in charitable and public
31 health, welfare and services purposes, which is commonly
32 known as the United Fund, or the organization which serves in
33 place of the United Fund organization in communities where an
34 organization known as the United Fund is not organized.
-23- LRB9101253EGfg
1 (d) "State and Universities Employees Combined Appeal"
2 (SECA), otherwise known as "SECA", means the State-directed
3 joint effort of all of the qualified organizations, together
4 with the United Funds, for the solicitation of voluntary
5 contributions from State and University employees.
6 In order for a United Fund to participate in the State
7 and Universities Employees Combined Appeal, it shall comply
8 with the provisions of Section 3, paragraph (9) of subsection
9 (b).
10 (Source: P.A. 90-487, eff. 8-17-97; revised 10-31-98.)
11 (5 ILCS 340/7) (from Ch. 15, par. 507)
12 Sec. 7. Notwithstanding any other provision of this Act,
13 a participating organization or a United Fund may be denied
14 participation in SECA for willful failure to comply with the
15 provisions of paragraph (9) of subsection (b) of Section 3 of
16 this Act. The agency designated by the Governor under
17 paragraph (9) of subsection (b) of Section 3 of this Act
18 shall adopt rules providing for procedures for review by the
19 agency of alleged violations of that paragraph and
20 appropriate remedial sanctions for noncompliance. The rules
21 shall include an appeal procedure for any affected
22 participating organization or United Fund. The agency
23 designated by the Governor shall notify the Comptroller
24 immediately of any final decision to remove a qualified
25 organization or United Fund from participation in SECA.
26 (Source: P.A. 87-1053; revised 10-31-98.)
27 Section 9.1. The State Employees Group Insurance Act of
28 1971 is amended by changing Section 10 as follows:
29 (5 ILCS 375/10) (from Ch. 127, par. 530)
30 Sec. 10. Payments by State; premiums.
31 (a) The State shall pay the cost of basic
-24- LRB9101253EGfg
1 non-contributory group life insurance and, subject to member
2 paid contributions set by the Department or required by this
3 Section, the basic program of group health benefits on each
4 eligible member, except a member, not otherwise covered by
5 this Act, who has retired as a participating member under
6 Article 2 of the Illinois Pension Code but is ineligible for
7 the retirement annuity under Section 2-119 of the Illinois
8 Pension Code, and part of each eligible member's and retired
9 member's premiums for health insurance coverage for enrolled
10 dependents as provided by Section 9. The State shall pay the
11 cost of the basic program of group health benefits only after
12 benefits are reduced by the amount of benefits covered by
13 Medicare for all retired members and retired dependents aged
14 65 years or older who are entitled to benefits under Social
15 Security or the Railroad Retirement system or who had
16 sufficient Medicare-covered government employment except that
17 such reduction in benefits shall apply only to those retired
18 members or retired dependents who (1) first become eligible
19 for such Medicare coverage on or after July 1, 1992; or (2)
20 remain eligible for, but no longer receive Medicare coverage
21 which they had been receiving on or after July 1, 1992. The
22 Department may determine the aggregate level of the State's
23 contribution on the basis of actual cost of medical services
24 adjusted for age, sex or geographic or other demographic
25 characteristics which affect the costs of such programs.
26 (a-1) Beginning January 1, 1998, for each person who
27 becomes a new SERS annuitant and participates in the basic
28 program of group health benefits, the State shall contribute
29 toward the cost of the annuitant's coverage under the basic
30 program of group health benefits an amount equal to 5% of
31 that cost for each full year of creditable service upon which
32 the annuitant's retirement annuity is based, up to a maximum
33 of 100% for an annuitant with 20 or more years of creditable
34 service. The remainder of the cost of a new SERS annuitant's
-25- LRB9101253EGfg
1 coverage under the basic program of group health benefits
2 shall be the responsibility of the annuitant.
3 (a-2) Beginning January 1, 1998, for each person who
4 becomes a new SERS survivor and participates in the basic
5 program of group health benefits, the State shall contribute
6 toward the cost of the survivor's coverage under the basic
7 program of group health benefits an amount equal to 5% of
8 that cost for each full year of the deceased employee's or
9 deceased annuitant's creditable service in the State
10 Employees' Retirement System of Illinois on the date of
11 death, up to a maximum of 100% for a survivor of an employee
12 or annuitant with 20 or more years of creditable service.
13 The remainder of the cost of the new SERS survivor's coverage
14 under the basic program of group health benefits shall be the
15 responsibility of the survivor.
16 (a-3) Beginning January 1, 1998, for each person who
17 becomes a new SURS annuitant and participates in the basic
18 program of group health benefits, the State shall contribute
19 toward the cost of the annuitant's coverage under the basic
20 program of group health benefits an amount equal to 5% of
21 that cost for each full year of creditable service upon which
22 the annuitant's retirement annuity is based, up to a maximum
23 of 100% for an annuitant with 20 or more years of creditable
24 service. The remainder of the cost of a new SURS annuitant's
25 coverage under the basic program of group health benefits
26 shall be the responsibility of the annuitant.
27 (a-4) Beginning January 1, 1998, for each person who
28 becomes a new SURS retired employee and participates in the
29 basic program of group health benefits, the State shall
30 contribute toward the cost of the retired employee's coverage
31 under the basic program of group health benefits an amount
32 equal to 5% of that cost for each full year that the retired
33 employee was an employee as defined in Section 3, up to a
34 maximum of 100% for a retired employee who was an employee
-26- LRB9101253EGfg
1 for 20 or more years. The remainder of the cost of a new
2 SURS retired employee's coverage under the basic program of
3 group health benefits shall be the responsibility of the
4 retired employee.
5 (a-5) Beginning January 1, 1998, for each person who
6 becomes a new SURS survivor and participates in the basic
7 program of group health benefits, the State shall contribute
8 toward the cost of the survivor's coverage under the basic
9 program of group health benefits an amount equal to 5% of
10 that cost for each full year of the deceased employee's or
11 deceased annuitant's creditable service in the State
12 Universities Retirement System on the date of death, up to a
13 maximum of 100% for a survivor of an employee or annuitant
14 with 20 or more years of creditable service. The remainder
15 of the cost of the new SURS survivor's coverage under the
16 basic program of group health benefits shall be the
17 responsibility of the survivor.
18 (a-6) Beginning July 1, 1998, for each person who
19 becomes a new TRS State annuitant and participates in the
20 basic program of group health benefits, the State shall
21 contribute toward the cost of the annuitant's coverage under
22 the basic program of group health benefits an amount equal to
23 5% of that cost for each full year of creditable service as a
24 teacher as defined in paragraph (2), (3), or (5) of Section
25 16-106 of the Illinois Pension Code upon which the
26 annuitant's retirement annuity is based, up to a maximum of
27 100% for an annuitant with 20 or more years of such
28 creditable service. The remainder of the cost of a new TRS
29 State annuitant's coverage under the basic program of group
30 health benefits shall be the responsibility of the annuitant.
31 (a-7) Beginning July 1, 1998, for each person who
32 becomes a new TRS State survivor and participates in the
33 basic program of group health benefits, the State shall
34 contribute toward the cost of the survivor's coverage under
-27- LRB9101253EGfg
1 the basic program of group health benefits an amount equal to
2 5% of that cost for each full year of the deceased employee's
3 or deceased annuitant's creditable service as a teacher as
4 defined in paragraph (2), (3), or (5) of Section 16-106 of
5 the Illinois Pension Code on the date of death, up to a
6 maximum of 100% for a survivor of an employee or annuitant
7 with 20 or more years of such creditable service. The
8 remainder of the cost of the new TRS State survivor's
9 coverage under the basic program of group health benefits
10 shall be the responsibility of the survivor.
11 (a-8) A new SERS annuitant, new SERS survivor, new SURS
12 annuitant, new SURS retired employee, new SURS survivor, new
13 TRS State annuitant, or new TRS State survivor may waive or
14 terminate coverage in the program of group health benefits.
15 Any such annuitant, survivor, or retired employee who has
16 waived or terminated coverage may enroll or re-enroll in the
17 program of group health benefits only during the annual
18 benefit choice period, as determined by the Director; except
19 that in the event of termination of coverage due to
20 nonpayment of premiums, the annuitant, survivor, or retired
21 employee may not re-enroll in the program.
22 (a-9) No later than May 1 of each calendar year, the
23 Director of Central Management Services shall certify in
24 writing to the Executive Secretary of the State Employees'
25 Retirement System of Illinois the amounts of the Medicare
26 supplement health care premiums and the amounts of the health
27 care premiums for all other retirees who are not Medicare
28 eligible.
29 A separate calculation of the premiums based upon the
30 actual cost of each health care plan shall be so certified.
31 The Director of Central Management Services shall provide
32 to the Executive Secretary of the State Employees' Retirement
33 System of Illinois such information, statistics, and other
34 data as he or she may require to review the premium amounts
-28- LRB9101253EGfg
1 certified by the Director of Central Management Services.
2 (b) State employees who become eligible for this program
3 on or after January 1, 1980 in positions normally requiring
4 actual performance of duty not less than 1/2 of a normal work
5 period but not equal to that of a normal work period, shall
6 be given the option of participating in the available
7 program. If the employee elects coverage, the State shall
8 contribute on behalf of such employee to the cost of the
9 employee's benefit and any applicable dependent supplement,
10 that sum which bears the same percentage as that percentage
11 of time the employee regularly works when compared to normal
12 work period.
13 (c) The basic non-contributory coverage from the basic
14 program of group health benefits shall be continued for each
15 employee not in pay status or on active service by reason of
16 (1) leave of absence due to illness or injury, (2) authorized
17 educational leave of absence or sabbatical leave, or (3)
18 military leave with pay and benefits. This coverage shall
19 continue until expiration of authorized leave and return to
20 active service, but not to exceed 24 months for leaves under
21 item (1) or (2). This 24-month limitation and the requirement
22 of returning to active service shall not apply to persons
23 receiving ordinary or accidental disability benefits or
24 retirement benefits through the appropriate State retirement
25 system or benefits under the Workers' Compensation or
26 Occupational Disease Act.
27 (d) The basic group life insurance coverage shall
28 continue, with full State contribution, where such person is
29 (1) absent from active service by reason of disability
30 arising from any cause other than self-inflicted, (2) on
31 authorized educational leave of absence or sabbatical leave,
32 or (3) on military leave with pay and benefits.
33 (e) Where the person is in non-pay status for a period
34 in excess of 30 days or on leave of absence, other than by
-29- LRB9101253EGfg
1 reason of disability, educational or sabbatical leave, or
2 military leave with pay and benefits, such person may
3 continue coverage only by making personal payment equal to
4 the amount normally contributed by the State on such person's
5 behalf. Such payments and coverage may be continued: (1)
6 until such time as the person returns to a status eligible
7 for coverage at State expense, but not to exceed 24 months,
8 (2) until such person's employment or annuitant status with
9 the State is terminated, or (3) for a maximum period of 4
10 years for members on military leave with pay and benefits and
11 military leave without pay and benefits (exclusive of any
12 additional service imposed pursuant to law).
13 (f) The Department shall establish by rule the extent
14 to which other employee benefits will continue for persons in
15 non-pay status or who are not in active service.
16 (g) The State shall not pay the cost of the basic
17 non-contributory group life insurance, program of health
18 benefits and other employee benefits for members who are
19 survivors as defined by paragraphs (1) and (2) of subsection
20 (q) of Section 3 of this Act. The costs of benefits for
21 these survivors shall be paid by the survivors or by the
22 University of Illinois Cooperative Extension Service, or any
23 combination thereof.
24 (h) Those persons occupying positions with any
25 department as a result of emergency appointments pursuant to
26 Section 8b.8 of the Personnel Code who are not considered
27 employees under this Act shall be given the option of
28 participating in the programs of group life insurance, health
29 benefits and other employee benefits. Such persons electing
30 coverage may participate only by making payment equal to the
31 amount normally contributed by the State for similarly
32 situated employees. Such amounts shall be determined by the
33 Director. Such payments and coverage may be continued until
34 such time as the person becomes an employee pursuant to this
-30- LRB9101253EGfg
1 Act or such person's appointment is terminated.
2 (i) Any unit of local government within the State of
3 Illinois may apply to the Director to have its employees,
4 annuitants, and their dependents provided group health
5 coverage under this Act on a non-insured basis. To
6 participate, a unit of local government must agree to enroll
7 all of its employees, who may select coverage under either
8 the State group health insurance plan or a health maintenance
9 organization that has contracted with the State to be
10 available as a health care provider for employees as defined
11 in this Act. A unit of local government must remit the
12 entire cost of providing coverage under the State group
13 health insurance plan or, for coverage under a health
14 maintenance organization, an amount determined by the
15 Director based on an analysis of the sex, age, geographic
16 location, or other relevant demographic variables for its
17 employees, except that the unit of local government shall not
18 be required to enroll those of its employees who are covered
19 spouses or dependents under this plan or another group policy
20 or plan providing health benefits as long as (1) an
21 appropriate official from the unit of local government
22 attests that each employee not enrolled is a covered spouse
23 or dependent under this plan or another group policy or plan,
24 and (2) at least 85% of the employees are enrolled and the
25 unit of local government remits the entire cost of providing
26 coverage to those employees. Employees of a participating
27 unit of local government who are not enrolled due to coverage
28 under another group health policy or plan may enroll at a
29 later date subject to submission of satisfactory evidence of
30 insurability and provided that no benefits shall be payable
31 for services incurred during the first 6 months of coverage
32 to the extent the services are in connection with any
33 pre-existing condition. A participating unit of local
34 government may also elect to cover its annuitants. Dependent
-31- LRB9101253EGfg
1 coverage shall be offered on an optional basis, with the
2 costs paid by the unit of local government, its employees, or
3 some combination of the two as determined by the unit of
4 local government. The unit of local government shall be
5 responsible for timely collection and transmission of
6 dependent premiums.
7 The Director shall annually determine monthly rates of
8 payment, subject to the following constraints:
9 (1) In the first year of coverage, the rates shall
10 be equal to the amount normally charged to State
11 employees for elected optional coverages or for enrolled
12 dependents coverages or other contributory coverages, or
13 contributed by the State for basic insurance coverages on
14 behalf of its employees, adjusted for differences between
15 State employees and employees of the local government in
16 age, sex, geographic location or other relevant
17 demographic variables, plus an amount sufficient to pay
18 for the additional administrative costs of providing
19 coverage to employees of the unit of local government and
20 their dependents.
21 (2) In subsequent years, a further adjustment shall
22 be made to reflect the actual prior years' claims
23 experience of the employees of the unit of local
24 government.
25 In the case of coverage of local government employees
26 under a health maintenance organization, the Director shall
27 annually determine for each participating unit of local
28 government the maximum monthly amount the unit may contribute
29 toward that coverage, based on an analysis of (i) the age,
30 sex, geographic location, and other relevant demographic
31 variables of the unit's employees and (ii) the cost to cover
32 those employees under the State group health insurance plan.
33 The Director may similarly determine the maximum monthly
34 amount each unit of local government may contribute toward
-32- LRB9101253EGfg
1 coverage of its employees' dependents under a health
2 maintenance organization.
3 Monthly payments by the unit of local government or its
4 employees for group health insurance or health maintenance
5 organization coverage shall be deposited in the Local
6 Government Health Insurance Reserve Fund. The Local
7 Government Health Insurance Reserve Fund shall be a
8 continuing fund not subject to fiscal year limitations. All
9 expenditures from this fund shall be used for payments for
10 health care benefits for local government and rehabilitation
11 facility employees, annuitants, and dependents, and to
12 reimburse the Department or its administrative service
13 organization for all expenses incurred in the administration
14 of benefits. No other State funds may be used for these
15 purposes.
16 A local government employer's participation or desire to
17 participate in a program created under this subsection shall
18 not limit that employer's duty to bargain with the
19 representative of any collective bargaining unit of its
20 employees.
21 (j) Any rehabilitation facility within the State of
22 Illinois may apply to the Director to have its employees,
23 annuitants, and their dependents provided group health
24 coverage under this Act on a non-insured basis. To
25 participate, a rehabilitation facility must agree to enroll
26 all of its employees and remit the entire cost of providing
27 such coverage for its employees, except that the
28 rehabilitation facility shall not be required to enroll those
29 of its employees who are covered spouses or dependents under
30 this plan or another group policy or plan providing health
31 benefits as long as (1) an appropriate official from the
32 rehabilitation facility attests that each employee not
33 enrolled is a covered spouse or dependent under this plan or
34 another group policy or plan, and (2) at least 85% of the
-33- LRB9101253EGfg
1 employees are enrolled and the rehabilitation facility remits
2 the entire cost of providing coverage to those employees.
3 Employees of a participating rehabilitation facility who are
4 not enrolled due to coverage under another group health
5 policy or plan may enroll at a later date subject to
6 submission of satisfactory evidence of insurability and
7 provided that no benefits shall be payable for services
8 incurred during the first 6 months of coverage to the extent
9 the services are in connection with any pre-existing
10 condition. A participating rehabilitation facility may also
11 elect to cover its annuitants. Dependent coverage shall be
12 offered on an optional basis, with the costs paid by the
13 rehabilitation facility, its employees, or some combination
14 of the 2 as determined by the rehabilitation facility. The
15 rehabilitation facility shall be responsible for timely
16 collection and transmission of dependent premiums.
17 The Director shall annually determine quarterly rates of
18 payment, subject to the following constraints:
19 (1) In the first year of coverage, the rates shall
20 be equal to the amount normally charged to State
21 employees for elected optional coverages or for enrolled
22 dependents coverages or other contributory coverages on
23 behalf of its employees, adjusted for differences between
24 State employees and employees of the rehabilitation
25 facility in age, sex, geographic location or other
26 relevant demographic variables, plus an amount sufficient
27 to pay for the additional administrative costs of
28 providing coverage to employees of the rehabilitation
29 facility and their dependents.
30 (2) In subsequent years, a further adjustment shall
31 be made to reflect the actual prior years' claims
32 experience of the employees of the rehabilitation
33 facility.
34 Monthly payments by the rehabilitation facility or its
-34- LRB9101253EGfg
1 employees for group health insurance shall be deposited in
2 the Local Government Health Insurance Reserve Fund.
3 (k) Any domestic violence shelter or service within the
4 State of Illinois may apply to the Director to have its
5 employees, annuitants, and their dependents provided group
6 health coverage under this Act on a non-insured basis. To
7 participate, a domestic violence shelter or service must
8 agree to enroll all of its employees and pay the entire cost
9 of providing such coverage for its employees. A
10 participating domestic violence shelter may also elect to
11 cover its annuitants. Dependent coverage shall be offered on
12 an optional basis, with employees, or some combination of the
13 2 as determined by the domestic violence shelter or service.
14 The domestic violence shelter or service shall be responsible
15 for timely collection and transmission of dependent premiums.
16 The Director shall annually determine quarterly rates of
17 payment, subject to the following constraints:
18 (1) In the first year of coverage, the rates shall
19 be equal to the amount normally charged to State
20 employees for elected optional coverages or for enrolled
21 dependents coverages or other contributory coverages on
22 behalf of its employees, adjusted for differences between
23 State employees and employees of the domestic violence
24 shelter or service in age, sex, geographic location or
25 other relevant demographic variables, plus an amount
26 sufficient to pay for the additional administrative costs
27 of providing coverage to employees of the domestic
28 violence shelter or service and their dependents.
29 (2) In subsequent years, a further adjustment shall
30 be made to reflect the actual prior years' claims
31 experience of the employees of the domestic violence
32 shelter or service.
33 (3) In no case shall the rate be less than the
34 amount normally charged to State employees or contributed
-35- LRB9101253EGfg
1 by the State on behalf of its employees.
2 Monthly payments by the domestic violence shelter or
3 service or its employees for group health insurance shall be
4 deposited in the Local Government Health Insurance Reserve
5 Fund.
6 (l) A public community college or entity organized
7 pursuant to the Public Community College Act may apply to the
8 Director initially to have only annuitants not covered prior
9 to July 1, 1992 by the district's health plan provided health
10 coverage under this Act on a non-insured basis. The
11 community college must execute a 2-year contract to
12 participate in the Local Government Health Plan. Those
13 annuitants enrolled initially under this contract shall have
14 no benefits payable for services incurred during the first 6
15 months of coverage to the extent the services are in
16 connection with any pre-existing condition. Any annuitant
17 who may enroll after this initial enrollment period shall be
18 subject to submission of satisfactory evidence of
19 insurability and to the pre-existing conditions limitation.
20 The Director shall annually determine monthly rates of
21 payment subject to the following constraints: for those
22 community colleges with annuitants only enrolled, first year
23 rates shall be equal to the average cost to cover claims for
24 a State member adjusted for demographics, Medicare
25 participation, and other factors; and in the second year, a
26 further adjustment of rates shall be made to reflect the
27 actual first year's claims experience of the covered
28 annuitants.
29 (m) The Director shall adopt any rules deemed necessary
30 for implementation of this amendatory Act of 1989 (Public Act
31 86-978).
32 (Source: P.A. 89-53, eff. 7-1-95; 89-236, eff. 8-4-95;
33 89-324, eff. 8-13-95; 89-626, eff. 8-9-96; 90-65, eff.
34 7-7-97; 90-582, eff. 5-27-98; 90-655, eff. 7-30-98; revised
-36- LRB9101253EGfg
1 8-3-98.)
2 Section 10. The Election Code is amended by changing
3 Sections 2A-27, 4-6.1, 4-8, 4-9, 4-10, 4-12, 4-23, 5-7, 5-9,
4 5-15, 5-29.01, 6-29, 6-35, 6-44, 6-67.01, 7-10, 7-10.1, 7-24,
5 7-34, 7-53, 8-8, 9-1.7, 10-6.2, 12-1, 14-4, 17-9, 17-10,
6 17-17, 17-23, 19-8, 24-1.1, 24A-3, and 24B-3 as follows:
7 (10 ILCS 5/2A-27) (from Ch. 46, par. 2A-27)
8 Sec. 2A-27. Cities generally; mayor; clerk; treasurer;
9 time of election. A mayor, a city clerk, and a city
10 treasurer shall be elected in each city that elects those
11 officers (except the City of Chicago) at the consolidated
12 election in 1979 or 1981 (in whichever of those years the
13 terms of those officers expire) and at the consolidated
14 election every 4 years thereafter. In cities that have
15 provided for a 2 year term for elective officers under
16 Section 3.1-10-65 3.1-15-65 of the Illinois Municipal Code,
17 however, these city officers shall be elected at the
18 consolidated election of each odd-numbered year.
19 (Source: P.A. 87-1119; revised 11-4-98.)
20 (10 ILCS 5/4-6.1) (from Ch. 46, par. 4-6.1)
21 Sec. 4-6.1. In addition to registration at the office of
22 the county clerk, and at the offices of municipal and
23 township or road district clerks, each county clerk shall
24 provide for the following additional methods of
25 registration:
26 (1) the appointment of deputy registrars as
27 provided in Section 4-6.2; and
28 (2) the establishment of temporary places of
29 registration, as provided in Section 4-6.3.
30 Each county clerk may provide for precinct registration
31 pursuant to Section 4-7.
-37- LRB9101253EGfg
1 (Source: P.A. 83-1059; revised 10-31-98.)
2 (10 ILCS 5/4-8) (from Ch. 46, par. 4-8)
3 Sec. 4-8. The county clerk shall provide a sufficient
4 number of blank forms for the registration of electors, which
5 shall be known as registration record cards and which shall
6 consist of loose leaf sheets or cards, of suitable size to
7 contain in plain writing and figures the data hereinafter
8 required thereon or shall consist of computer cards of
9 suitable nature to contain the data required thereon. The
10 registration record cards, which shall include an affidavit
11 of registration as hereinafter provided, shall be executed in
12 duplicate.
13 The registration record card shall contain the following
14 and such other information as the county clerk may think it
15 proper to require for the identification of the applicant for
16 registration:
17 Name. The name of the applicant, giving surname and
18 first or Christian name in full, and the middle name or the
19 initial for such middle name, if any.
20 Sex.
21 Residence. The name and number of the street, avenue, or
22 other location of the dwelling, including the apartment, unit
23 or room number, if any, and in the case of a mobile home the
24 lot number, and such additional clear and definite
25 description as may be necessary to determine the exact
26 location of the dwelling of the applicant. Where the location
27 cannot be determined by street and number, then the section,
28 congressional township and range number may be used, or such
29 other description as may be necessary, including post-office
30 mailing address. In the case of a homeless individual, the
31 individual's voting residence that is his or her mailing
32 address shall be included on his or her registration record
33 card.
-38- LRB9101253EGfg
1 Term of residence in the State of Illinois and precinct.
2 This information shall be furnished by the applicant stating
3 the place or places where he resided and the dates during
4 which he resided in such place or places during the year next
5 preceding the date of the next ensuing election.
6 Nativity. The state or country in which the applicant
7 was born.
8 Citizenship. Whether the applicant is native born or
9 naturalized. If naturalized, the court, place, and date of
10 naturalization.
11 Date of application for registration, i.e., the day,
12 month and year when applicant presented himself for
13 registration.
14 Age. Date of birth, by month, day and year.
15 Physical disability of the applicant, if any, at the time
16 of registration, which would require assistance in voting.
17 The county and state in which the applicant was last
18 registered.
19 Signature of voter. The applicant, after the
20 registration and in the presence of a deputy registrar or
21 other officer of registration shall be required to sign his
22 or her name in ink to the affidavit on both the original and
23 duplicate registration record cards.
24 Signature of deputy registrar or officer of registration.
25 In case applicant is unable to sign his name, he may
26 affix his mark to the affidavit. In such case the officer
27 empowered to give the registration oath shall write a
28 detailed description of the applicant in the space provided
29 on the back or at the bottom of the card or sheet; and shall
30 ask the following questions and record the answers thereto:
31 Father's first name.
32 Mother's first name.
33 From what address did the applicant last register?
34 Reason for inability to sign name.
-39- LRB9101253EGfg
1 Each applicant for registration shall make an affidavit
2 in substantially the following form:
3 AFFIDAVIT OF REGISTRATION
4 STATE OF ILLINOIS
5 COUNTY OF .......
6 I hereby swear (or affirm) that I am a citizen of the
7 United States; that on the date of the next election I shall
8 have resided in the State of Illinois and in the election
9 precinct in which I reside 30 days and that I intend that
10 this location shall be my residence; that I am fully
11 qualified to vote, and that the above statements are true.
12 ..............................
13 (His or her signature or mark)
14 Subscribed and sworn to before me on (insert date). this
15 .... day of ...., 19...
16 ..................................
17 Signature of registration officer.
18 (To be signed in presence of registrant.)
19 Space shall be provided upon the face of each
20 registration record card for the notation of the voting
21 record of the person registered thereon.
22 Each registration record card shall be numbered according
23 to precincts, and may be serially or otherwise marked for
24 identification in such manner as the county clerk may
25 determine.
26 The registration cards shall be deemed public records and
27 shall be open to inspection during regular business hours,
28 except during the 28 days immediately preceding any election.
29 On written request of any candidate or objector or any person
30 intending to object to a petition, the election authority
31 shall extend its hours for inspection of registration cards
32 and other records of the election authority during the period
33 beginning with the filing of petitions under Sections 7-10,
34 8-8, 10-6 or 28-3 and continuing through the termination of
-40- LRB9101253EGfg
1 electoral board hearings on any objections to petitions
2 containing signatures of registered voters in the
3 jurisdiction of the election authority. The extension shall
4 be for a period of hours sufficient to allow adequate
5 opportunity for examination of the records but the election
6 authority is not required to extend its hours beyond the
7 period beginning at its normal opening for business and
8 ending at midnight. If the business hours are so extended,
9 the election authority shall post a public notice of such
10 extended hours. Registration record cards may also be
11 inspected, upon approval of the officer in charge of the
12 cards, during the 28 days immediately preceding any election.
13 Registration record cards shall also be open to inspection by
14 certified judges and poll watchers and challengers at the
15 polling place on election day, but only to the extent
16 necessary to determine the question of the right of a person
17 to vote or to serve as a judge of election. At no time shall
18 poll watchers or challengers be allowed to physically handle
19 the registration record cards.
20 Updated copies of computer tapes or computer discs or
21 other electronic data processing information containing voter
22 registration information shall be furnished by the county
23 clerk within 10 days after December 15 and May 15 each year
24 to the State Board of Elections in a form prescribed by the
25 Board. Registration information shall include, but not be
26 limited to, the following information: name, sex, residence,
27 telephone number, if any, age, party affiliation, if
28 applicable, precinct, ward, township, county, and
29 representative, legislative and congressional districts. In
30 the event of noncompliance, the State Board of Elections is
31 directed to obtain compliance forthwith with this
32 nondiscretionary duty of the election authority by
33 instituting legal proceedings in the circuit court of the
34 county in which the election authority maintains the
-41- LRB9101253EGfg
1 registration information. The costs of furnishing updated
2 copies of tapes or discs shall be paid at a rate of $.00034
3 per name of registered voters in the election jurisdiction,
4 but not less than $50 per tape or disc and shall be paid from
5 appropriations made to the State Board of Elections for
6 reimbursement to the election authority for such purpose. The
7 Board shall furnish copies of such tapes, discs, other
8 electronic data or compilations thereof to state political
9 committees registered pursuant to the Illinois Campaign
10 Finance Act or the Federal Election Campaign Act at their
11 request and at a reasonable cost. Copies of the tapes, discs
12 or other electronic data shall be furnished by the county
13 clerk to local political committees at their request and at a
14 reasonable cost. Reasonable cost of the tapes, discs, et
15 cetera for this purpose would be the cost of duplication plus
16 15% for administration. The individual representing a
17 political committee requesting copies of such tapes shall
18 make a sworn affidavit that the information shall be used
19 only for bona fide political purposes, including by or for
20 candidates for office or incumbent office holders. Such
21 tapes, discs or other electronic data shall not be used under
22 any circumstances by any political committee or individuals
23 for purposes of commercial solicitation or other business
24 purposes. If such tapes contain information on county
25 residents related to the operations of county government in
26 addition to registration information, that information shall
27 not be used under any circumstances for commercial
28 solicitation or other business purposes. The prohibition in
29 this Section against using the computer tapes or computer
30 discs or other electronic data processing information
31 containing voter registration information for purposes of
32 commercial solicitation or other business purposes shall be
33 prospective only from the effective date of this amended Act
34 of 1979. Any person who violates this provision shall be
-42- LRB9101253EGfg
1 guilty of a Class 4 felony.
2 The State Board of Elections shall promulgate, by October
3 1, 1987, such regulations as may be necessary to ensure
4 uniformity throughout the State in electronic data processing
5 of voter registration information. The regulations shall
6 include, but need not be limited to, specifications for
7 uniform medium, communications protocol and file structure to
8 be employed by the election authorities of this State in the
9 electronic data processing of voter registration information.
10 Each election authority utilizing electronic data processing
11 of voter registration information shall comply with such
12 regulations on and after May 15, 1988.
13 If the applicant for registration was last registered in
14 another county within this State, he shall also sign a
15 certificate authorizing cancellation of the former
16 registration. The certificate shall be in substantially the
17 following form:
18 To the County Clerk of.... County, Illinois. (or)
19 To the Election Commission of the City of ...., Illinois.
20 This is to certify that I am registered in your (county)
21 (city) and that my residence was ............................
22 Having moved out of your (county) (city), I hereby authorize
23 you to cancel said registration in your office.
24 Dated at ...., Illinois, on (insert date).
25 this .... day of ...., 19...
26 .................................
27 (Signature of Voter)
28 Attest: ................, County Clerk, .............
29 County, Illinois.
30 The cancellation certificate shall be mailed immediately
31 by the County Clerk to the County Clerk (or election
32 commission as the case may be) where the applicant was
33 formerly registered. Receipt of such certificate shall be
34 full authority for cancellation of any previous registration.
-43- LRB9101253EGfg
1 (Source: P.A. 86-873; 86-1348; 87-1241; revised 1-26-99.)
2 (10 ILCS 5/4-9) (from Ch. 46, par. 4-9)
3 Sec. 4-9. The county clerk shall fully instruct the
4 registration officers and deputy registration officers in
5 their duties. Each registration officer and deputy
6 registration officer shall receipt to the county clerk for
7 all blank registration record cards issued to him, specifying
8 therein the number of the blanks received by him, and each
9 registration officer and deputy registration officer shall be
10 charged with such blanks until he returns them to the county
11 clerk. If for any cause a blank registration record card is
12 mutilated or rendered unfit for use in making it out, or if a
13 mistake thereon has been made, such blank shall not be
14 destroyed, but the word "mutilated" shall be written across
15 the face of such card, and the card shall be returned to the
16 county clerk and be preserved in the same manner and for the
17 same length of time as mutilated ballots. When each 1969 and
18 1970 precinct re-registration has been completed, each
19 registration officer shall certify the registration records
20 in substantially the following form:
21 "We, the undersigned registration officers or deputy
22 registration officers in the County of .... in the State of
23 Illinois, do swear (or affirm) that at the registration of
24 electors on (insert date) the .... day of .... 19.. there was
25 registered by us in the said election precinct the names
26 which appear on the registration records, and that the number
27 of voters registered and qualified was and is the number of
28 ....
29 ......................
30 ......................
31 ......................
32 Registration officers.
33 Date ................"
-44- LRB9101253EGfg
1 After completion of each 1969 and 1970 precinct
2 re-registration each of the officers of registration for such
3 precinct shall place all registration cards received by him,
4 regardless of whether such cards have been unused, filled
5 out, executed or mutilated, in an envelope to be provided for
6 that purpose by the county clerk and shall seal such envelope
7 with an official wax impression seal and sign his name across
8 the face of such envelope. The judge of registration for
9 such precinct shall include in the envelope sealed by him the
10 certification of the registration records hereinabove
11 required. The judge of registration for such precinct shall
12 within 24 hours after the close of re-registration make
13 personal delivery of all envelopes containing the
14 re-registration cards for such precinct to the county clerk.
15 Other precinct registrations shall be certified and
16 returned in the same manner.
17 (Source: Laws 1967, p. 2987; revised 10-20-98.)
18 (10 ILCS 5/4-10) (from Ch. 46, par. 4-10)
19 Sec. 4-10. Except as herein provided, no person shall be
20 registered, unless he applies in person to a registration
21 officer, answers such relevant questions as may be asked of
22 him by the registration officer, and executes the affidavit
23 of registration. The registration officer shall require the
24 applicant to furnish two forms of identification, and except
25 in the case of a homeless individual, one of which must
26 include his or her residence address. These forms of
27 identification shall include, but not be limited to, any of
28 the following: driver's license, social security card, public
29 aid identification card, utility bill, employee or student
30 identification card, credit card, or a civic, union or
31 professional association membership card. The registration
32 officer shall require a homeless individual to furnish
33 evidence of his or her use of the mailing address stated.
-45- LRB9101253EGfg
1 This use may be demonstrated by a piece of mail addressed to
2 that individual and received at that address or by a
3 statement from a person authorizing use of the mailing
4 address. The registration officer shall require each
5 applicant for registration to read or have read to him the
6 affidavit of registration before permitting him to execute
7 the affidavit.
8 One of the registration officers or a deputy registration
9 officer, county clerk, or clerk in the office of the county
10 clerk, shall administer to all persons who shall personally
11 apply to register the following oath or affirmation:
12 "You do solemnly swear (or affirm) that you will fully
13 and truly answer all such questions as shall be put to you
14 touching your name, place of residence, place of birth, your
15 qualifications as an elector and your right as such to
16 register and vote under the laws of the State of Illinois."
17 The registration officer shall satisfy himself that each
18 applicant for registration is qualified to register before
19 registering him. If the registration officer has reason to
20 believe that the applicant is a resident of a Soldiers' and
21 Sailors' Home or any facility which is licensed or certified
22 pursuant to the Nursing Home Care Act, the following question
23 shall be put, "When you entered the home which is your
24 present address, was it your bona fide intention to become a
25 resident thereof?" Any voter of a township, city, village or
26 incorporated town in which such applicant resides, shall be
27 permitted to be present at the place of any precinct
28 registration and shall have the right to challenge any
29 applicant who applies to be registered.
30 In case the officer is not satisfied that the applicant
31 is qualified he shall forthwith notify such applicant in
32 writing to appear before the county clerk to complete his
33 registration. Upon the card of such applicant shall be
34 written the word "incomplete" and no such applicant shall be
-46- LRB9101253EGfg
1 permitted to vote unless such registration is satisfactorily
2 completed as hereinafter provided. No registration shall be
3 taken and marked as incomplete if information to complete it
4 can be furnished on the date of the original application.
5 Any person claiming to be an elector in any election
6 precinct and whose registration card is marked "Incomplete"
7 may make and sign an application in writing, under oath, to
8 the county clerk in substance in the following form:
9 "I do solemnly swear that I, ...., did on (insert date)
10 .... make application to the board of registry of the ....
11 precinct of the township of .... (or to the county clerk of
12 .... county) and that said board or clerk refused to complete
13 my registration as a qualified voter in said precinct. That
14 I reside in said precinct, that I intend to reside in said
15 precinct, and am a duly qualified voter of said precinct and
16 am entitled to be registered to vote in said precinct at the
17 next election.
18 (Signature of applicant) ............................."
19 All such applications shall be presented to the county
20 clerk or to his duly authorized representative by the
21 applicant, in person between the hours of 9:00 a.m. and 5:00
22 p.m. on any day after the days on which the 1969 and 1970
23 precinct re-registrations are held but not on any day within
24 28 days preceding the ensuing general election and thereafter
25 for the registration provided in Section 4-7 all such
26 applications shall be presented to the county clerk or his
27 duly authorized representative by the applicant in person
28 between the hours of 9:00 a.m. and 5:00 p.m. on any day prior
29 to 28 days preceding the ensuing general election. Such
30 application shall be heard by the county clerk or his duly
31 authorized representative at the time the application is
32 presented. If the applicant for registration has registered
33 with the county clerk, such application may be presented to
34 and heard by the county clerk or by his duly authorized
-47- LRB9101253EGfg
1 representative upon the dates specified above or at any time
2 prior thereto designated by the county clerk.
3 Any otherwise qualified person who is absent from his
4 county of residence either due to business of the United
5 States or because he is temporarily outside the territorial
6 limits of the United States may become registered by mailing
7 an application to the county clerk within the periods of
8 registration provided for in this Article, or by simultaneous
9 application for absentee registration and absentee ballot as
10 provided in Article 20 of this Code.
11 Upon receipt of such application the county clerk shall
12 immediately mail an affidavit of registration in duplicate,
13 which affidavit shall contain the following and such other
14 information as the State Board of Elections may think it
15 proper to require for the identification of the applicant:
16 Name. The name of the applicant, giving surname and
17 first or Christian name in full, and the middle name or the
18 initial for such middle name, if any.
19 Sex.
20 Residence. The name and number of the street, avenue or
21 other location of the dwelling, and such additional clear and
22 definite description as may be necessary to determine the
23 exact location of the dwelling of the applicant. Where the
24 location cannot be determined by street and number, then the
25 Section, congressional township and range number may be used,
26 or such other information as may be necessary, including post
27 office mailing address.
28 Term of residence in the State of Illinois and the
29 precinct.
30 Nativity. The State or country in which the applicant
31 was born.
32 Citizenship. Whether the applicant is native born or
33 naturalized. If naturalized, the court, place and date of
34 naturalization.
-48- LRB9101253EGfg
1 Age. Date of birth, by month, day and year.
2 Out of State address of ..........................
3 AFFIDAVIT OF REGISTRATION
4 State of ...........)
5 )ss
6 County of ..........)
7 I hereby swear (or affirm) that I am a citizen of the
8 United States; that on the day of the next election I shall
9 have resided in the State of Illinois and in the election
10 precinct 30 days; that I am fully qualified to vote, that I
11 am not registered to vote anywhere else in the United States,
12 that I intend to remain a resident of the State of Illinois
13 and of the election precinct, that I intend to return to the
14 State of Illinois, and that the above statements are true.
15 ..............................
16 (His or her signature or mark)
17 Subscribed and sworn to before me, an officer qualified
18 to administer oaths, on (insert date). this ..... day of
19 ..... 19 ...
20 ........................................
21 Signature of officer administering oath.
22 Upon receipt of the executed duplicate affidavit of
23 Registration, the county clerk shall transfer the information
24 contained thereon to duplicate Registration Cards provided
25 for in Section 4-8 of this Article and shall attach thereto a
26 copy of each of the duplicate affidavit of registration and
27 thereafter such registration card and affidavit shall
28 constitute the registration of such person the same as if he
29 had applied for registration in person.
30 (Source: P.A. 86-820; 87-1241; revised 10-20-98.)
31 (10 ILCS 5/4-12) (from Ch. 46, par. 4-12)
32 Sec. 4-12. Any voter or voters in the township, city,
33 village or incorporated town containing such precinct, and
-49- LRB9101253EGfg
1 any precinct committeeman in the county, may, between the
2 hours of 9:00 a.m. and 5:00 p.m. of Monday and Tuesday of the
3 second week prior to the week in which the 1970 primary
4 election for the nomination of candidates for State and
5 county offices or any election thereafter is to be held, make
6 application in writing, to the county clerk, to have any name
7 upon the register of any precinct erased. Such application
8 shall be, in substance, in the words and figures following:
9 "I being a qualified voter, registered from No. ....
10 Street in the .... precinct of the .... ward of the city
11 (village or town of) .... (or of the .... town of ....) do
12 hereby solemnly swear (or affirm) that .... registered from
13 No. .... Street is not a qualified voter in the .... precinct
14 of .... ward of the city (village or town) of .... (or of the
15 .... town of ....) and hence I ask that his name be erased
16 from the register of such precinct for the following reason
17 .....
18 Affiant further says that he has personal knowledge of
19 the facts set forth in the above affidavit.
20 (Signed) .....
21 Subscribed and sworn to before me on (insert date). this
22 .... day of ...., 19...
23 ....
24 ....
25 ....."
26 Such application shall be signed and sworn to by the
27 applicant before the county clerk or any deputy authorized by
28 the county clerk for that purpose, and filed with said clerk.
29 Thereupon notice of such application, and of the time and
30 place of hearing thereon, with a demand to appear before the
31 county clerk and show cause why his name shall not be erased
32 from said register, shall be mailed, in an envelope duly
33 stamped and directed to such person at the address upon said
34 register, at least four days before the day fixed in said
-50- LRB9101253EGfg
1 notice to show cause.
2 A like notice shall be mailed to the person or persons
3 making the application to have the name upon such register
4 erased to appear and show cause why said name should be
5 erased, the notice to set out the day and hour of such
6 hearing. If the voter making such application fails to appear
7 before said clerk at the time set for the hearing as fixed in
8 the said notice or fails to show cause why the name upon such
9 register shall be erased, the application to erase may be
10 dismissed by the county clerk.
11 Any voter making the application is privileged from
12 arrest while presenting it to the county clerk, and while
13 going to and from the office of the county clerk.
14 (Source: P.A. 84-551; revised 10-20-98.)
15 (10 ILCS 5/4-23) (from Ch. 46, par. 4-23)
16 Sec. 4-23. The provisions of this Article 4, so far as
17 they require the registration of voters as a condition to
18 their being allowed to vote, shall not apply to persons
19 otherwise entitled to vote, who are, at the time of the
20 election, or at any time within 60 days prior to such
21 election have been, engaged in the military or naval service
22 of the United States, and who appear personally at the
23 polling place on election day and produce to the judges of
24 election satisfactory evidence thereof, but such persons, if
25 otherwise qualified to vote, shall be permitted to vote at
26 such election without previous registration.
27 All such persons shall also make an affidavit which shall
28 be in substantially the following form:
29 "State of Illinois)
30 ) ss.
31 County of ........)
32 ............ Precinct ............ Ward
33 I, ..............., do solemnly swear (or affirm), that I
-51- LRB9101253EGfg
1 am a citizen of the United States, of the age of 18 years or
2 over, and that within the past 60 days prior to the date of
3 this election at which I am applying to vote, I have been
4 engaged in the .... (military or naval) service of the United
5 States; and I am qualified to vote under and by virtue of the
6 Constitution and laws of the State of Illinois, and that I am
7 a legally qualified voter of this precinct and ward except
8 that I have, because of such service, been unable to register
9 as a voter; that I now reside at .... (insert street and
10 number, if any) in this precinct and ward, that I have
11 maintained a legal residence in this precinct and ward for 30
12 days and in the State 30 days next preceding this election.
13 ......................
14 Subscribed and sworn to before me on (insert date). this
15 .... day of ...., 19...
16 ......................
17 Judge of Election."
18 The affidavit of any such person shall be supported by
19 the affidavit of a resident and qualified voter of any such
20 precinct and ward, which affidavit shall be in substantially
21 the following form:
22 "State of Illinois)
23 ) ss.
24 County of ........)
25 ................ Precinct ............... Ward
26 I, ...., do solemnly swear (or affirm), that I am a
27 resident of this precinct and ward and entitled to vote at
28 this election; that I am acquainted with .... (name of the
29 applicant); that I verily believe him or her to be an actual
30 bona fide resident of this precinct and ward and that I
31 verily believe that he or she has maintained a legal
32 residence therein 30 days, and in this State 30 days next
33 preceding this election.
34 ......................
-52- LRB9101253EGfg
1 Subscribed and sworn to before me on (insert date). this
2 .... day of ...., 19...
3 ......................
4 Judge of Election."
5 (Source: P.A. 84- 551; revised 10-20-98.)
6 (10 ILCS 5/5-7) (from Ch. 46, par. 5-7)
7 Sec. 5-7. The county clerk shall provide a sufficient
8 number of blank forms for the registration of electors which
9 shall be known as registration record cards and which shall
10 consist of loose leaf sheets or cards, of suitable size to
11 contain in plain writing and figures the data hereinafter
12 required thereon or shall consist of computer cards of
13 suitable nature to contain the data required thereon. The
14 registration record cards, which shall include an affidavit
15 of registration as hereinafter provided, shall be executed in
16 duplicate.
17 The registration record card shall contain the following
18 and such other information as the county clerk may think it
19 proper to require for the identification of the applicant for
20 registration:
21 Name. The name of the applicant, giving surname and
22 first or Christian name in full, and the middle name or the
23 initial for such middle name, if any.
24 Sex.
25 Residence. The name and number of the street, avenue, or
26 other location of the dwelling, including the apartment, unit
27 or room number, if any, and in the case of a mobile home the
28 lot number, and such additional clear and definite
29 description as may be necessary to determine the exact
30 location of the dwelling of the applicant, including
31 post-office mailing address. In the case of a homeless
32 individual, the individual's voting residence that is his or
33 her mailing address shall be included on his or her
-53- LRB9101253EGfg
1 registration record card.
2 Term of residence in the State of Illinois and the
3 precinct. Which questions may be answered by the applicant
4 stating, in excess of 30 days in the State and in excess of
5 30 days in the precinct.
6 Nativity. The State or country in which the applicant
7 was born.
8 Citizenship. Whether the applicant is native born or
9 naturalized. If naturalized, the court, place and date of
10 naturalization.
11 Date of application for registration, i.e., the day,
12 month and year when applicant presented himself for
13 registration.
14 Age. Date of birth, by month, day and year.
15 Physical disability of the applicant, if any, at the time
16 of registration, which would require assistance in voting.
17 The county and state in which the applicant was last
18 registered.
19 Signature of voter. The applicant, after the
20 registration and in the presence of a deputy registrar or
21 other officer of registration shall be required to sign his
22 or her name in ink to the affidavit on the original and
23 duplicate registration record card.
24 Signature of Deputy Registrar.
25 In case applicant is unable to sign his name, he may
26 affix his mark to the affidavit. In such case the officer
27 empowered to give the registration oath shall write a
28 detailed description of the applicant in the space provided
29 at the bottom of the card or sheet; and shall ask the
30 following questions and record the answers thereto:
31 Father's first name .......................
32 Mother's first name .......................
33 From what address did you last register?
34 Reason for inability to sign name.
-54- LRB9101253EGfg
1 Each applicant for registration shall make an affidavit
2 in substantially the following form:
3 AFFIDAVIT OF REGISTRATION
4 State of Illinois)
5 )ss
6 County of )
7 I hereby swear (or affirm) that I am a citizen of the
8 United States; that on the date of the next election I shall
9 have resided in the State of Illinois and in the election
10 precinct in which I reside 30 days; that I am fully qualified
11 to vote. That I intend that this location shall be my
12 residence and that the above statements are true.
13 ..............................
14 (His or her signature or mark)
15 Subscribed and sworn to before me on (insert date). this
16 .... day of...., 19...
17 .........................................
18 Signature of Registration Officer.
19 (To be signed in presence of Registrant.)
20 Space shall be provided upon the face of each
21 registration record card for the notation of the voting
22 record of the person registered thereon.
23 Each registration record card shall be numbered according
24 to towns and precincts, wards, cities and villages, as the
25 case may be, and may be serially or otherwise marked for
26 identification in such manner as the county clerk may
27 determine.
28 The registration cards shall be deemed public records and
29 shall be open to inspection during regular business hours,
30 except during the 28 days immediately preceding any election.
31 On written request of any candidate or objector or any person
32 intending to object to a petition, the election authority
33 shall extend its hours for inspection of registration cards
34 and other records of the election authority during the period
-55- LRB9101253EGfg
1 beginning with the filing of petitions under Sections 7-10,
2 8-8, 10-6 or 28-3 and continuing through the termination of
3 electoral board hearings on any objections to petitions
4 containing signatures of registered voters in the
5 jurisdiction of the election authority. The extension shall
6 be for a period of hours sufficient to allow adequate
7 opportunity for examination of the records but the election
8 authority is not required to extend its hours beyond the
9 period beginning at its normal opening for business and
10 ending at midnight. If the business hours are so extended,
11 the election authority shall post a public notice of such
12 extended hours. Registration record cards may also be
13 inspected, upon approval of the officer in charge of the
14 cards, during the 28 days immediately preceding any election.
15 Registration record cards shall also be open to inspection by
16 certified judges and poll watchers and challengers at the
17 polling place on election day, but only to the extent
18 necessary to determine the question of the right of a person
19 to vote or to serve as a judge of election. At no time shall
20 poll watchers or challengers be allowed to physically handle
21 the registration record cards.
22 Updated copies of computer tapes or computer discs or
23 other electronic data processing information containing voter
24 registration information shall be furnished by the county
25 clerk within 10 days after December 15 and May 15 each year
26 to the State Board of Elections in a form prescribed by the
27 Board. Registration information shall include, but not be
28 limited to, the following information: name, sex, residence,
29 telephone number, if any, age, party affiliation, if
30 applicable, precinct, ward, township, county, and
31 representative, legislative and congressional districts. In
32 the event of noncompliance, the State Board of Elections is
33 directed to obtain compliance forthwith with this
34 nondiscretionary duty of the election authority by
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1 instituting legal proceedings in the circuit court of the
2 county in which the election authority maintains the
3 registration information. The costs of furnishing updated
4 copies of tapes or discs shall be paid at a rate of $.00034
5 per name of registered voters in the election jurisdiction,
6 but not less than $50 per tape or disc and shall be paid from
7 appropriations made to the State Board of Elections for
8 reimbursement to the election authority for such purpose. The
9 Board shall furnish copies of such tapes, discs, other
10 electronic data or compilations thereof to state political
11 committees registered pursuant to the Illinois Campaign
12 Finance Act or the Federal Election Campaign Act at their
13 request and at a reasonable cost. Copies of the tapes, discs
14 or other electronic data shall be furnished by the county
15 clerk to local political committees at their request and at a
16 reasonable cost. Reasonable cost of the tapes, discs, et
17 cetera for this purpose would be the cost of duplication plus
18 15% for administration. The individual representing a
19 political committee requesting copies of such tapes shall
20 make a sworn affidavit that the information shall be used
21 only for bona fide political purposes, including by or for
22 candidates for office or incumbent office holders. Such
23 tapes, discs or other electronic data shall not be used under
24 any circumstances by any political committee or individuals
25 for purposes of commercial solicitation or other business
26 purposes. If such tapes contain information on county
27 residents related to the operations of county government in
28 addition to registration information, that information shall
29 not be used under any circumstances for commercial
30 solicitation or other business purposes. The prohibition in
31 this Section against using the computer tapes or computer
32 discs or other electronic data processing information
33 containing voter registration information for purposes of
34 commercial solicitation or other business purposes shall be
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1 prospective only from the effective date of this amended Act
2 of 1979. Any person who violates this provision shall be
3 guilty of a Class 4 felony.
4 The State Board of Elections shall promulgate, by October
5 1, 1987, such regulations as may be necessary to ensure
6 uniformity throughout the State in electronic data processing
7 of voter registration information. The regulations shall
8 include, but need not be limited to, specifications for
9 uniform medium, communications protocol and file structure to
10 be employed by the election authorities of this State in the
11 electronic data processing of voter registration information.
12 Each election authority utilizing electronic data processing
13 of voter registration information shall comply with such
14 regulations on and after May 15, 1988.
15 If the applicant for registration was last registered in
16 another county within this State, he shall also sign a
17 certificate authorizing cancellation of the former
18 registration. The certificate shall be in substantially the
19 following form:
20 To the County Clerk of .... County, Illinois. To the Election
21 Commission of the City of ...., Illinois.
22 This is to certify that I am registered in your (county)
23 (city) and that my residence was .....
24 Having moved out of your (county) (city), I hereby
25 authorize you to cancel said registration in your office.
26 Dated at .... Illinois, on (insert date). this.... day
27 of...., 19...
28 ....................
29 (Signature of Voter)
30 Attest ......, County Clerk, ........ County, Illinois.
31 The cancellation certificate shall be mailed immediately
32 by the county clerk to the county clerk (or election
33 commission as the case may be) where the applicant was
34 formerly registered. Receipt of such certificate shall be
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1 full authority for cancellation of any previous registration.
2 (Source: P.A. 86-873; 86-1348; 87-1241; revised 10-20-98.)
3 (10 ILCS 5/5-9) (from Ch. 46, par. 5-9)
4 Sec. 5-9. Except as herein provided, no person shall be
5 registered unless he applies in person to registration
6 officer, answers such relevant questions as may be asked of
7 him by the registration officer, and executes the affidavit
8 of registration. The registration officer shall require the
9 applicant to furnish two forms of identification, and except
10 in the case of a homeless individual, one of which must
11 include his or her residence address. These forms of
12 identification shall include, but not be limited to, any of
13 the following: driver's license, social security card, public
14 aid identification card, utility bill, employee or student
15 identification card, credit card, or a civic, union or
16 professional association membership card. The registration
17 officer shall require a homeless individual to furnish
18 evidence of his or her use of the mailing address stated.
19 This use may be demonstrated by a piece of mail addressed to
20 that individual and received at that address or by a
21 statement from a person authorizing use of the mailing
22 address. The registration officer shall require each
23 applicant for registration to read or have read to him the
24 affidavit of registration before permitting him to execute
25 the affidavit.
26 One of the Deputy Registrars, the Judge of Registration,
27 or an Officer of Registration, County Clerk, or clerk in the
28 office of the County Clerk, shall administer to all persons
29 who shall personally apply to register the following oath or
30 affirmation:
31 "You do solemnly swear (or affirm) that you will fully
32 and truly answer all such questions as shall be put to you
33 touching your place of residence, name, place of birth, your
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1 qualifications as an elector and your right as such to
2 register and vote under the laws of the State of Illinois."
3 The Registration Officer shall satisfy himself that each
4 applicant for registration is qualified to register before
5 registering him. If the registration officer has reason to
6 believe that the applicant is a resident of a Soldiers' and
7 Sailors' Home or any facility which is licensed or certified
8 pursuant to the Nursing Home Care Act, the following question
9 shall be put, "When you entered the home which is your
10 present address, was it your bona fide intention to become a
11 resident thereof?" Any voter of a township, city, village or
12 incorporated town in which such applicant resides, shall be
13 permitted to be present at the place of precinct
14 registration, and shall have the right to challenge any
15 applicant who applies to be registered.
16 In case the officer is not satisfied that the applicant
17 is qualified, he shall forthwith in writing notify such
18 applicant to appear before the County Clerk to furnish
19 further proof of his qualifications. Upon the card of such
20 applicant shall be written the word "Incomplete" and no such
21 applicant shall be permitted to vote unless such registration
22 is satisfactorily completed as hereinafter provided. No
23 registration shall be taken and marked as "incomplete" if
24 information to complete it can be furnished on the date of
25 the original application.
26 Any person claiming to be an elector in any election
27 precinct in such township, city, village or incorporated town
28 and whose registration is marked "Incomplete" may make and
29 sign an application in writing, under oath, to the County
30 Clerk in substance in the following form:
31 "I do solemnly swear that I, .........., did on (insert
32 date) ........... make application to the Board of Registry
33 of the ........ precinct of ........ ward of the City of ....
34 or of the ......... District ......... Town of .......... (or
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1 to the County Clerk of .............) and ............
2 County; that said Board or Clerk refused to complete my
3 registration as a qualified voter in said precinct, that I
4 reside in said precinct (or that I intend to reside in said
5 precinct), am a duly qualified voter and entitled to vote in
6 said precinct at the next election.
7 ...........................
8 (Signature of Applicant)"
9 All such applications shall be presented to the County
10 Clerk by the applicant, in person between the hours of nine
11 o'clock a.m. and five o'clock p.m., on Monday and Tuesday of
12 the third week subsequent to the weeks in which the 1961 and
13 1962 precinct re-registrations are to be held, and thereafter
14 for the registration provided in Section 5-17 of this
15 Article, all such applications shall be presented to the
16 County Clerk by the applicant in person between the hours of
17 nine o'clock a.m. and nine o'clock p.m. on Monday and Tuesday
18 of the third week prior to the date on which such election is
19 to be held.
20 Any otherwise qualified person who is absent from his
21 county of residence either due to business of the United
22 States or because he is temporarily outside the territorial
23 limits of the United States may become registered by mailing
24 an application to the county clerk within the periods of
25 registration provided for in this Article or by simultaneous
26 application for absentee registration and absentee ballot as
27 provided in Article 20 of this Code.
28 Upon receipt of such application the county clerk shall
29 immediately mail an affidavit of registration in duplicate,
30 which affidavit shall contain the following and such other
31 information as the State Board of Elections may think it
32 proper to require for the identification of the applicant:
33 Name. The name of the applicant, giving surname and
34 first or Christian name in full, and the middle name or the
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1 initial for such middle name, if any.
2 Sex.
3 Residence. The name and number of the street, avenue or
4 other location of the dwelling, and such additional clear and
5 definite description as may be necessary to determine the
6 exact location of the dwelling of the applicant. Where the
7 location cannot be determined by street and number, then the
8 Section, congressional township and range number may be used,
9 or such other information as may be necessary, including post
10 office mailing address.
11 Term of residence in the State of Illinois and the
12 precinct.
13 Nativity. The State or country in which the applicant
14 was born.
15 Citizenship. Whether the applicant is native born or
16 naturalized. If naturalized, the court, place and date of
17 naturalization.
18 Age. Date of birth, by month, day and year.
19 Out of State address of ..........................
20 AFFIDAVIT OF REGISTRATION
21 State of .........)
22 )ss
23 County of ........)
24 I hereby swear (or affirm) that I am a citizen of the
25 United States; that on the day of the next election I shall
26 have resided in the State of Illinois for 6 months and in the
27 election precinct 30 days; that I am fully qualified to vote,
28 that I am not registered to vote anywhere else in the United
29 States, that I intend to remain a resident of the State of
30 Illinois and of the election precinct, that I intend to
31 return to the State of Illinois, and that the above
32 statements are true.
33 ..............................
34 (His or her signature or mark)
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1 Subscribed and sworn to before me, an officer qualified
2 to administer oaths, on (insert date). this ...... day of
3 ..... 19 ...
4 ........................................
5 Signature of officer administering oath.
6 Upon receipt of the executed duplicate affidavit of
7 Registration, the county clerk shall transfer the information
8 contained thereon to duplicate Registration Cards provided
9 for in Section 5-7 of this Article and shall attach thereto a
10 copy of each of the duplicate affidavit of registration and
11 thereafter such registration card and affidavit shall
12 constitute the registration of such person the same as if he
13 had applied for registration in person.
14 (Source: P.A. 86-820; 87-1241; revised 10-20-98.)
15 (10 ILCS 5/5-15) (from Ch. 46, par. 5-15)
16 Sec. 5-15. Any voter or voters in the township, city,
17 village, or incorporated town containing such precinct, and
18 any precinct committeeman in the county, may, between the
19 hours of nine o'clock a.m. and six o'clock p.m. of the Monday
20 and Tuesday of the third week immediately preceding the week
21 in which such April 10, 1962 Primary Election is to be held,
22 make application in writing, before such County Clerk, to
23 have any name upon such register of any precinct erased.
24 Thereafter such application shall be made between the hours
25 of nine o'clock a.m. and six o'clock p.m. of Monday and
26 Tuesday of the second week prior to the week in which any
27 county, city, village, township, or incorporated town
28 election is to be held. Such application shall be in
29 substance, in the words and figures following:
30 "I, being a qualified voter, registered from No. ....
31 Street in the .... precinct of the .... Ward of the city
32 (village or town of .... ) of the .... District .... town of
33 .... do hereby solemnly swear (or affirm) that ....
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1 registered from No. .... Street is not a qualified voter in
2 the .... precinct of the .... ward of the city (village or
3 town) of .... or of the .... district town of .... hence I
4 ask that his name be erased from the register of such
5 precinct for the following reason ..... Affiant further says
6 that he has personal knowledge of the facts set forth in the
7 above affidavit.
8 (Signed) .....
9 Subscribed and sworn to before me on (insert date). this
10 .... day of ...., 19...
11 ....
12 ....
13 ...."
14 Such application shall be signed and sworn to by the
15 applicant before the County Clerk or any Deputy authorized by
16 the County Clerk for that purpose, and filed with the Clerk.
17 Thereupon notice of such application, with a demand to appear
18 before the County Clerk and show cause why his name shall not
19 be erased from the register, shall be mailed by special
20 delivery, duly stamped and directed, to such person, to the
21 address upon said register at least 4 days before the day
22 fixed in said notice to show cause.
23 A like notice shall be mailed to the person or persons
24 making the application to have the name upon such register
25 erased to appear and show cause why the name should be
26 erased, the notice to set out the day and hour of such
27 hearing. If the voter making such application fails to appear
28 before the Clerk at the time set for the hearing as fixed in
29 the said notice or fails to show cause why the name upon such
30 register shall be erased, the application may be dismissed by
31 the County Clerk.
32 Any voter making such application or applications shall
33 be privileged from arrest while presenting the same to the
34 County Clerk, and whilst going to and returning from the
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1 office of the County Clerk.
2 (Source: P.A. 84-551; revised 10-20-98.)
3 (10 ILCS 5/5-29.01) (from Ch. 46, par. 5-29.01)
4 Sec. 5-29.01. The provisions of this Article 5, so far
5 as they require the registration of voters as a condition to
6 their being allowed to vote shall not apply to persons
7 otherwise entitled to vote, who are, at the time of the
8 election, or at any time within 60 days prior to such
9 election, have been engaged in the military or naval service
10 of the United States, and who appear personally at the
11 polling place on election day and produce to the judges of
12 election satisfactory evidence thereof, but such persons, if
13 otherwise qualified to vote, shall be permitted to vote at
14 such election without previous registration.
15 All such persons shall also make an affidavit which shall
16 be in substantially the following form:
17 "State of Illinois)
18 )ss.
19 County of ........)
20 .............. Precinct .............. Ward
21 I, ...., do solemnly swear (or affirm), that I am a
22 citizen of the United States, of the age of 18 years or over,
23 and that within the past 60 days prior to the date of this
24 election at which I am applying to vote, I have been engaged
25 in the .... (military or naval) service of the United States;
26 and I am qualified to vote under and by virtue of the
27 Constitution and laws of the State of Illinois, and that I am
28 a legally qualified voter of this precinct and ward except
29 that I have, because of such service, been unable to register
30 as a voter; that I now reside at .... (insert street and
31 number, if any) in this precinct and ward, that I have
32 maintained a legal residence in this precinct and ward for 30
33 days and in the State 30 days next preceding this election.
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1 ...........................
2 Subscribed and sworn to before me on (insert date). this
3 .... day of ...., 19...
4 ...........................
5 Judge of Election."
6 The affidavit of any such person shall be supported by
7 the affidavit of a resident and qualified voter of any such
8 precinct and ward, which affidavit shall be in substantially
9 the following form:
10 "State of Illinois)
11 )ss.
12 County of ........)
13 ............. Precinct ........... Ward
14 I, ...., do solemnly swear (or affirm), that I am a
15 resident of this precinct and ward and entitled to vote at
16 this election; that I am acquainted with .... (name of the
17 applicant); that I verily believe him to be an actual bona
18 fide resident of this precinct and ward and that I verily
19 believe that he has maintained a legal residence therein 30
20 days and in this State 30 days next preceding this election.
21 ...................
22 Subscribed and sworn to before me on (insert date). this
23 .... day of ...., 19...
24 ...................
25 Judge of Election."
26 The provisions of this Article 5, so far as they require
27 the registration of voters as a condition to their being
28 allowed to vote shall not apply to persons otherwise entitled
29 to vote who have made and subscribed to the affidavit
30 provided in paragraph (b) of Section 17-10 of this Act.
31 (Source: P.A. 84-551; revised 10-20-98.)
32 (10 ILCS 5/6-29) (from Ch. 46, par. 6-29)
33 Sec. 6-29. For the purpose of registering voters under
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1 this Article, the office of the Board of Election
2 Commissioners shall be open during ordinary business hours of
3 each week day, from 9 a.m. to 12 o'clock noon on the last
4 four Saturdays immediately preceding the end of the period of
5 registration preceding each election, and such other days and
6 such other times as the board may direct. During the 28 days
7 immediately preceding any election there shall be no
8 registration of voters at the office of the Board of Election
9 Commissioners in cities, villages and incorporated towns of
10 fewer than 200,000 inhabitants. In cities, villages and
11 incorporated towns of 200,000 or more inhabitants, there
12 shall be no registration of voters at the office of the Board
13 of Election Commissioners during the 35 days immediately
14 preceding any election; provided, however, where no precinct
15 registration is being conducted prior to any election then
16 registration may be taken in the office of the Board up to
17 and including the 29th day prior to such election. The Board
18 of Election Commissioners may set up and establish as many
19 branch offices for the purpose of taking registrations as it
20 may deem necessary, and the branch offices may be open on any
21 or all dates and hours during which registrations may be
22 taken in the main office. All officers and employees of the
23 Board of Election Commissioners who are authorized by such
24 board to take registrations under this Article shall be
25 considered officers of the circuit court, and shall be
26 subject to the same control as is provided by Section 14-5 of
27 this Act with respect to judges of election.
28 In any election called for the submission of the revision
29 or alteration of, or the amendments to the Constitution,
30 submitted by a Constitutional Convention, the final day for
31 registration at the office of the election authority charged
32 with the printing of the ballot of this election shall be the
33 15th day prior to the date of election.
34 The Board of Election Commissioners shall appoint one or
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1 more registration teams, consisting of 2 of its employees for
2 each team, for the purpose of accepting the registration of
3 any voter who files an affidavit, within the period for
4 taking registrations provided for in this article, that he is
5 physically unable to appear at the office of the Board or at
6 any appointed place of registration. On the day or days when
7 a precinct registration is being conducted such teams shall
8 consist of one member from each of the 2 leading political
9 parties who are serving on the Precinct Registration Board.
10 Each team so designated shall visit each disabled person and
11 shall accept the registration of such person the same as if
12 he had applied for registration in person.
13 Any otherwise qualified person who is absent from his
14 county of residence due to business of the United States, or
15 who is temporarily residing outside the territorial limits of
16 the United States, may make application to become registered
17 by mail to the Board of Election Commissioners within the
18 periods for registration provided for in this Article or by
19 simultaneous application for absentee registration and
20 absentee ballot as provided in Article 20 of this Code.
21 Upon receipt of such application the Board of Election
22 Commissioners shall immediately mail an affidavit of
23 registration in duplicate, which affidavit shall contain the
24 following and such other information as the State Board of
25 Elections may think it proper to require for the
26 identification of the applicant:
27 Name. The name of the applicant, giving surname and
28 first or Christian name in full, and the middle name or the
29 initial for such middle name, if any.
30 Sex.
31 Residence. The name and number of the street, avenue or
32 other location of the dwelling, and such additional clear and
33 definite description as may be necessary to determine the
34 exact location of the dwelling of the applicant. Where the
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1 location cannot be determined by street and number, then the
2 section, congressional township and range number may be used,
3 or such other information as may be necessary, including post
4 office mailing address.
5 Term of residence in the State of Illinois and the
6 precinct.
7 Nativity. The state or country in which the applicant
8 was born.
9 Citizenship. Whether the applicant is native born or
10 naturalized. If naturalized, the court, place and date of
11 naturalization.
12 Age. Date of birth, by month, day and year.
13 Out of State address of ..................
14 AFFIDAVIT OF REGISTRATION
15 State of .........)
16 ) ss.
17 County of ........)
18 I hereby swear (or affirm) that I am a citizen of the
19 United States; that on the day of the next election I shall
20 have resided in the State of Illinois and in the election
21 precinct 30 days; that I am fully qualified to vote, that I
22 am not registered to vote anywhere else in the United States,
23 that I intend to remain a resident of the State of Illinois,
24 and of the election precinct, that I intend to return to the
25 State of Illinois, and that the above statements are true.
26 ..............................
27 (His or her signature or mark)
28 Subscribed and sworn to before me, an officer qualified
29 to administer oaths, on (insert date). this ....... day of
30 ....... 19 .......
31 ........................................
32 Signature of officer administering oath.
33 Upon receipt of the executed duplicate affidavit of
34 Registration, the Board of Election Commissioners shall
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1 transfer the information contained thereon to duplicate
2 Registration Cards provided for in Section 6-35 of this
3 Article and shall attach thereto a copy of each of the
4 duplicate affidavit of registration and thereafter such
5 registration card and affidavit shall constitute the
6 registration of such person the same as if he had applied for
7 registration in person.
8 (Source: P.A. 81-953; revised 10-20-98.)
9 (10 ILCS 5/6-35) (from Ch. 46, par. 6-35)
10 Sec. 6-35. The Boards of Election Commissioners shall
11 provide a sufficient number of blank forms for the
12 registration of electors which shall be known as registration
13 record cards and which shall consist of loose leaf sheets or
14 cards, of suitable size to contain in plain writing and
15 figures the data hereinafter required thereon or shall
16 consist of computer cards of suitable nature to contain the
17 data required thereon. The registration record cards, which
18 shall include an affidavit of registration as hereinafter
19 provided, shall be executed in duplicate. The duplicate of
20 which may be a carbon copy of the original or a copy of the
21 original made by the use of other method or material used for
22 making simultaneous true copies or duplications.
23 The registration record card shall contain the following
24 and such other information as the Board of Election
25 Commissioners may think it proper to require for the
26 identification of the applicant for registration:
27 Name. The name of the applicant, giving surname and
28 first or Christian name in full, and the middle name or the
29 initial for such middle name, if any.
30 Sex.
31 Residence. The name and number of the street, avenue, or
32 other location of the dwelling, including the apartment, unit
33 or room number, if any, and in the case of a mobile home the
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1 lot number, and such additional clear and definite
2 description as may be necessary to determine the exact
3 location of the dwelling of the applicant, including
4 post-office mailing address. In the case of a homeless
5 individual, the individual's voting residence that is his or
6 her mailing address shall be included on his or her
7 registration record card.
8 Term of residence in the State of Illinois and the
9 precinct.
10 Nativity. The state or country in which the applicant
11 was born.
12 Citizenship. Whether the applicant is native born or
13 naturalized. If naturalized, the court, place, and date of
14 naturalization.
15 Date of application for registration, i.e., the day,
16 month and year when the applicant presented himself for
17 registration.
18 Age. Date of birth, by month, day and year.
19 Physical disability of the applicant, if any, at the time
20 of registration, which would require assistance in voting.
21 The county and state in which the applicant was last
22 registered.
23 Signature of voter. The applicant, after registration
24 and in the presence of a deputy registrar or other officer of
25 registration shall be required to sign his or her name in ink
26 to the affidavit on both the original and the duplicate
27 registration record card.
28 Signature of deputy registrar.
29 In case applicant is unable to sign his name, he may
30 affix his mark to the affidavit. In such case the
31 registration officer shall write a detailed description of
32 the applicant in the space provided at the bottom of the card
33 or sheet; and shall ask the following questions and record
34 the answers thereto:
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1 Father's first name .........................
2 Mother's first name .........................
3 From what address did you last register? ....
4 Reason for inability to sign name ...........
5 Each applicant for registration shall make an affidavit
6 in substantially the following form:
7 AFFIDAVIT OF REGISTRATION
8 State of Illinois )
9 )ss
10 County of ....... )
11 I hereby swear (or affirm) that I am a citizen of the
12 United States, that on the day of the next election I shall
13 have resided in the State of Illinois and in the election
14 precinct 30 days and that I intend that this location is my
15 residence; that I am fully qualified to vote, and that the
16 above statements are true.
17 ..............................
18 (His or her signature or mark)
19 Subscribed and sworn to before me on (insert date).
20 this.... day of...., 19...
21 ......................................
22 Signature of registration officer
23 (to be signed in presence of registrant).
24 Space shall be provided upon the face of each
25 registration record card for the notation of the voting
26 record of the person registered thereon.
27 Each registration record card shall be numbered according
28 to wards or precincts, as the case may be, and may be
29 serially or otherwise marked for identification in such
30 manner as the Board of Election Commissioners may determine.
31 The registration cards shall be deemed public records and
32 shall be open to inspection during regular business hours,
33 except during the 28 days immediately preceding any election.
34 On written request of any candidate or objector or any person
-72- LRB9101253EGfg
1 intending to object to a petition, the election authority
2 shall extend its hours for inspection of registration cards
3 and other records of the election authority during the period
4 beginning with the filing of petitions under Sections 7-10,
5 8-8, 10-6 or 28-3 and continuing through the termination of
6 electoral board hearings on any objections to petitions
7 containing signatures of registered voters in the
8 jurisdiction of the election authority. The extension shall
9 be for a period of hours sufficient to allow adequate
10 opportunity for examination of the records but the election
11 authority is not required to extend its hours beyond the
12 period beginning at its normal opening for business and
13 ending at midnight. If the business hours are so extended,
14 the election authority shall post a public notice of such
15 extended hours. Registration record cards may also be
16 inspected, upon approval of the officer in charge of the
17 cards, during the 28 days immediately preceding any election.
18 Registration record cards shall also be open to inspection by
19 certified judges and poll watchers and challengers at the
20 polling place on election day, but only to the extent
21 necessary to determine the question of the right of a person
22 to vote or to serve as a judge of election. At no time shall
23 poll watchers or challengers be allowed to physically handle
24 the registration record cards.
25 Updated copies of computer tapes or computer discs or
26 other electronic data processing information containing voter
27 registration information shall be furnished by the Board of
28 Election Commissioners within 10 days after December 15 and
29 May 15 each year to the State Board of Elections in a form
30 prescribed by the State Board. Registration information
31 shall include, but not be limited to, the following
32 information: name, sex, residence, telephone number, if any,
33 age, party affiliation, if applicable, precinct, ward,
34 township, county, and representative, legislative and
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1 congressional districts. In the event of noncompliance, the
2 State Board of Elections is directed to obtain compliance
3 forthwith with this nondiscretionary duty of the election
4 authority by instituting legal proceedings in the circuit
5 court of the county in which the election authority maintains
6 the registration information. The costs of furnishing
7 updated copies of tapes or discs shall be paid at a rate of
8 $.00034 per name of registered voters in the election
9 jurisdiction, but not less than $50 per tape or disc and
10 shall be paid from appropriations made to the State Board of
11 Elections for reimbursement to the election authority for
12 such purpose. The State Board shall furnish copies of such
13 tapes, discs, other electronic data or compilations thereof
14 to state political committees registered pursuant to the
15 Illinois Campaign Finance Act or the Federal Election
16 Campaign Act at their request and at a reasonable cost.
17 Copies of the tapes, discs or other electronic data shall be
18 furnished by the Board of Election Commissioners to local
19 political committees at their request and at a reasonable
20 cost. Reasonable cost of the tapes, discs, et cetera for
21 this purpose would be the cost of duplication plus 15% for
22 administration. The individual representing a political
23 committee requesting copies of such tapes shall make a sworn
24 affidavit that the information shall be used only for bona
25 fide political purposes, including by or for candidates for
26 office or incumbent office holders. Such tapes, discs or
27 other electronic data shall not be used under any
28 circumstances by any political committee or individuals for
29 purposes of commercial solicitation or other business
30 purposes. If such tapes contain information on county
31 residents related to the operations of county government in
32 addition to registration information, that information shall
33 not be used under any circumstances for commercial
34 solicitation or other business purposes. The prohibition in
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1 this Section against using the computer tapes or computer
2 discs or other electronic data processing information
3 containing voter registration information for purposes of
4 commercial solicitation or other business purposes shall be
5 prospective only from the effective date of this amended Act
6 of 1979. Any person who violates this provision shall be
7 guilty of a Class 4 felony.
8 The State Board of Elections shall promulgate, by October
9 1, 1987, such regulations as may be necessary to ensure
10 uniformity throughout the State in electronic data processing
11 of voter registration information. The regulations shall
12 include, but need not be limited to, specifications for
13 uniform medium, communications protocol and file structure to
14 be employed by the election authorities of this State in the
15 electronic data processing of voter registration information.
16 Each election authority utilizing electronic data processing
17 of voter registration information shall comply with such
18 regulations on and after May 15, 1988.
19 If the applicant for registration was last registered in
20 another county within this State, he shall also sign a
21 certificate authorizing cancellation of the former
22 registration. The certificate shall be in substantially the
23 following form:
24 To the County Clerk of .... County, Illinois.
25 To the Election Commission of the City of ...., Illinois.
26 This is to certify that I am registered in your (county)
27 (city) and that my residence was ..... Having moved out of
28 your (county), (city), I hereby authorize you to cancel that
29 registration in your office.
30 Dated at ...., Illinois, on (insert date). this.... day
31 of.... 19...
32 ....................
33 (Signature of Voter)
34 Attest ...., Clerk, Election Commission of the City
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1 of...., Illinois.
2 The cancellation certificate shall be mailed immediately
3 by the clerk of the Election Commission to the county clerk,
4 (or Election Commission as the case may be) where the
5 applicant was formerly registered. Receipt of such
6 certificate shall be full authority for cancellation of any
7 previous registration.
8 (Source: P.A. 86-873; 86-1348; 87-1241; revised 10-20-98.)
9 (10 ILCS 5/6-44) (from Ch. 46, par. 6-44)
10 Sec. 6-44. Any voter or voters in the ward, village or
11 incorporated town containing such precinct, and any precinct
12 committeeman in the county, may, between the hours of nine
13 o'clock a.m. and six p.m. of Monday and Tuesday of the second
14 week prior to the week in which such election is to be held
15 make application in writing, before such board of election
16 commissioners, to have any name upon such register of any
17 precinct erased. However, in municipalities having a
18 population of more than 500,000 and having a board of
19 election commissioners (except as otherwise provided for such
20 municipalities in Section 6-60 of this Article) and in all
21 cities, villages and incorporated towns within the
22 jurisdiction of such board, such application shall be made
23 between the hours of nine o'clock a.m. and six o'clock p.m.
24 of Monday and Tuesday of the second week prior to the week in
25 which such election is to be held. Such application shall
26 be, in substance, in the words and figures following:
27 "I being a qualified voter, registered from No. ....
28 street in the .... precinct of the .... ward of the city
29 (village or town) of .... do hereby solemnly swear (or
30 affirm) that I have personal knowledge that .... registered
31 from No. .... street is not a qualified voter in the ....
32 precinct of the .... ward of the city (village or town) of
33 .... and hence I ask that his name be erased from the
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1 register of such precinct for the following reason ....
2 Affiant further says that he has personal knowledge of
3 the facts set forth in the above affidavit.
4 (Signed)....
5 Subscribed and sworn to before me on (insert date).
6 this.... day of...., 19...
7 ....
8 ...."
9 Such application shall be signed and sworn to by the
10 applicant before any member of the board or the clerk thereof
11 and filed with said board. Thereupon notice of such
12 application, with a demand to appear before the board of
13 election commissioners and show cause why his name shall not
14 be erased from said register, shall be personally served upon
15 such person or left at his place of residence indicated in
16 such register, or in the case of a homeless individual, at
17 his or her mailing address, by a messenger of said board of
18 election commissioners, and, as to the manner and time of
19 serving such notice such messenger shall make affidavit; the
20 messenger shall also make affidavit of the fact in case he
21 cannot find such person or his place of residence, and that
22 he went to the place named on such register as his or her
23 place of residence. Such notice shall be served at least one
24 day before the time fixed for such party to show cause.
25 The commissioners shall also cause a like notice or
26 demand to be sent by mail duly stamped and directed, to such
27 person, to the address upon the register at least 2 days
28 before the day fixed in the notice to show cause.
29 A like notice shall be served on the person or persons
30 making the application to have the name upon such register
31 erased to appear and show cause why said name shall be
32 erased, the notice to set out the day and hour of such
33 hearing. If the voter making such application fails to appear
34 before said board at the time set for the hearing as fixed in
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1 the notice or fails to show cause why the name upon such
2 register shall be erased, the application may be dismissed by
3 the board.
4 Any voter making such application or applications shall
5 be privileged from arrest while presenting the same to the
6 board of election commissioners, and while going to and
7 returning from the board of election commissioners.
8 (Source: P.A. 87-1241; revised 10-20-98.)
9 (10 ILCS 5/6-67.01) (from Ch. 46, par. 6-67.01)
10 Sec. 6-67.01. The provisions of this Article 6, so far
11 as they require the registration of voters as a condition to
12 their being allowed to vote shall not apply to persons
13 otherwise entitled to vote, who are, at the time of the
14 election, or at any time within 60 days prior to such
15 election have been engaged in the military or naval service
16 of the United States, and who appear personally at the
17 polling place on election day and produce to the judges of
18 election satisfactory evidence thereof, but such persons, if
19 otherwise qualified to vote, shall be permitted to vote at
20 such election without previous registration.
21 All such persons shall also make an affidavit which shall
22 be in substantially the following form:
23 "State of Illinois)
24 )ss.
25 County of ........)
26 ............ Precinct ........ Ward
27 I, ...., do solemnly swear (or affirm), that I am a
28 citizen of the United States, of the age of 18 years or over,
29 and that within the past 60 days prior to the date of this
30 election at which I am applying to vote, I have been engaged
31 in the .... (military or naval) service of the United States;
32 and I am qualified to vote under and by virtue of the
33 Constitution and laws of the State of Illinois, and that I am
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1 a legally qualified voter of this precinct and ward except
2 that I have, because of such service, been unable to register
3 as a voter; that I now reside at .... (insert street and
4 number, if any) in this precinct and ward, and that I have
5 maintained a legal residence in this precinct and ward for 30
6 days and in the State 30 days next preceding this election.
7 ...................
8 Subscribed and sworn to before me on (insert date). this
9 .... day of ...., 19...
10 ...................
11 Judge of Election."
12 The affidavit of any such person shall be supported by
13 the affidavit of a resident and qualified voter of such
14 precinct and ward, which affidavit shall be in substantially
15 the following form:
16 "State of Illinois)
17 )ss.
18 County of ........)
19 ............ Precinct ........ Ward
20 I, ..., do solemnly swear (or affirm), that I am a
21 resident of this precinct and ward and entitled to vote at
22 this election; that I am acquainted with .... (name of the
23 applicant); that I verily believe him to be an actual bona
24 fide resident of this precinct and ward and that I verily
25 believe that he has maintained a legal residence therein 30
26 days and in this State 30 days next preceding this election.
27 ...................
28 Subscribed and sworn to before me on (insert date). this
29 .... day of ...., 19...
30 ...................
31 Judge of Election."
32 The provisions of this Article 6, so far as they require
33 the registration of voters as a condition to their being
34 allowed to vote shall not apply to persons otherwise entitled
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1 to vote who have made and subscribed to the affidavit
2 provided in paragraph (b) of Section 17-10 of this Act.
3 (Source: P.A. 84-551; revised 10-20-98.)
4 (10 ILCS 5/7-10) (from Ch. 46, par. 7-10)
5 Sec. 7-10. The name of no candidate for nomination, or
6 State central committeeman, or township committeeman, or
7 precinct committeeman, or ward committeeman or candidate for
8 delegate or alternate delegate to national nominating
9 conventions, shall be printed upon the primary ballot unless
10 a petition for nomination has been filed in his behalf as
11 provided in this Article in substantially the following form:
12 We, the undersigned, members of and affiliated with the
13 .... party and qualified primary electors of the .... party,
14 in the .... of ...., in the county of .... and State of
15 Illinois, do hereby petition that the following named person
16 or persons shall be a candidate or candidates of the ....
17 party for the nomination for (or in case of committeemen for
18 election to) the office or offices hereinafter specified, to
19 be voted for at the primary election to be held on (insert
20 date). the .... day of ...., ....
21 Name Office Address
22 John Jones Governor Belvidere, Ill.
23 Thomas Smith Attorney General Oakland, Ill.
24 Name.................. Address.......................
25 State of Illinois)
26 ) ss.
27 County of........)
28 I, ...., do hereby certify that I am a registered voter
29 and have been a registered voter at all times I have
30 circulated this petition, that I reside at No. .... street,
31 in the .... of ...., county of ...., and State of Illinois,
32 and that the signatures on this sheet were signed in my
33 presence, and are genuine, and that to the best of my
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1 knowledge and belief the persons so signing were at the time
2 of signing the petitions qualified voters of the .... party,
3 and that their respective residences are correctly stated, as
4 above set forth.
5 .........................
6 Subscribed and sworn to before me on (insert date). this
7 .... day of ...., ....
8 .........................
9 Each sheet of the petition other than the statement of
10 candidacy and candidate's statement shall be of uniform size
11 and shall contain above the space for signatures an
12 appropriate heading giving the information as to name of
13 candidate or candidates, in whose behalf such petition is
14 signed; the office, the political party represented and place
15 of residence; and the heading of each sheet shall be the
16 same.
17 Such petition shall be signed by qualified primary
18 electors residing in the political division for which the
19 nomination is sought in their own proper persons only and
20 opposite the signature of each signer, his residence address
21 shall be written or printed. The residence address required
22 to be written or printed opposite each qualified primary
23 elector's name shall include the street address or rural
24 route number of the signer, as the case may be, as well as
25 the signer's city, village or town. However the county or
26 city, village or town, and state of residence of the electors
27 may be printed on the petition forms where all of the
28 electors signing the petition reside in the same county or
29 city, village or town, and state. Standard abbreviations may
30 be used in writing the residence address, including street
31 number, if any. At the bottom of each sheet of such petition
32 shall be added a statement signed by a registered voter of
33 the political division, who has been a registered voter at
34 all times he or she circulated the petition, for which the
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1 candidate is seeking a nomination, stating the street address
2 or rural route number of the voter, as the case may be, as
3 well as the voter's city, village or town; and certifying
4 that the signatures on that sheet of the petition were signed
5 in his presence; and either (1) indicating the dates on which
6 that sheet was circulated, or (2) indicating the first and
7 last dates on which the sheet was circulated, or (3)
8 certifying that none of the signatures on the sheet were
9 signed more than 90 days preceding the last day for the
10 filing of the petition, or more than 45 days preceding the
11 last day for filing of the petition in the case of political
12 party and independent candidates for single or multi-county
13 regional superintendents of schools in the 1994 general
14 primary election; and certifying that the signatures on the
15 sheet are genuine, and certifying that to the best of his
16 knowledge and belief the persons so signing were at the time
17 of signing the petitions qualified voters of the political
18 party for which a nomination is sought. Such statement shall
19 be sworn to before some officer authorized to administer
20 oaths in this State.
21 No petition sheet shall be circulated more than 90 days
22 preceding the last day provided in Section 7-12 for the
23 filing of such petition, or more than 45 days preceding the
24 last day for filing of the petition in the case of political
25 party and independent candidates for single or multi-county
26 regional superintendents of schools in the 1994 general
27 primary election.
28 The person circulating the petition, or the candidate on
29 whose behalf the petition is circulated, may strike any
30 signature from the petition, provided that;
31 (1) the person striking the signature shall initial
32 the petition at the place where the signature is struck;
33 and
34 (2) the person striking the signature shall sign a
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1 certification listing the page number and line number of
2 each signature struck from the petition. Such
3 certification shall be filed as a part of the petition.
4 Such sheets before being filed shall be neatly fastened
5 together in book form, by placing the sheets in a pile and
6 fastening them together at one edge in a secure and suitable
7 manner, and the sheets shall then be numbered consecutively.
8 The sheets shall not be fastened by pasting them together end
9 to end, so as to form a continuous strip or roll. All
10 petition sheets which are filed with the proper local
11 election officials, election authorities or the State Board
12 of Elections shall be the original sheets which have been
13 signed by the voters and by the circulator thereof, and not
14 photocopies or duplicates of such sheets. Each petition must
15 include as a part thereof, a statement of candidacy for each
16 of the candidates filing, or in whose behalf the petition is
17 filed. This statement shall set out the address of such
18 candidate, the office for which he is a candidate, shall
19 state that the candidate is a qualified primary voter of the
20 party to which the petition relates and is qualified for the
21 office specified (in the case of a candidate for State's
22 Attorney it shall state that the candidate is at the time of
23 filing such statement a licensed attorney-at-law of this
24 State), shall state that he has filed (or will file before
25 the close of the petition filing period) a statement of
26 economic interests as required by the Illinois Governmental
27 Ethics Act, shall request that the candidate's name be placed
28 upon the official ballot, and shall be subscribed and sworn
29 to by such candidate before some officer authorized to take
30 acknowledgment of deeds in the State and shall be in
31 substantially the following form:
32 Statement of Candidacy
33 Name Address Office District Party
34 John Jones 102 Main St. Governor Statewide Republican
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1 Belvidere,
2 Illinois
3 State of Illinois)
4 ) ss.
5 County of .......)
6 I, ...., being first duly sworn, say that I reside at
7 .... Street in the city (or village) of ...., in the county
8 of ...., State of Illinois; that I am a qualified voter
9 therein and am a qualified primary voter of the .... party;
10 that I am a candidate for nomination (for election in the
11 case of committeeman and delegates and alternate delegates)
12 to the office of .... to be voted upon at the primary
13 election to be held on (insert date); the .... day of ....,
14 ....; that I am legally qualified (including being the holder
15 of any license that may be an eligibility requirement for the
16 office I seek the nomination for) to hold such office and
17 that I have filed (or I will file before the close of the
18 petition filing period) a statement of economic interests as
19 required by the Illinois Governmental Ethics Act and I hereby
20 request that my name be printed upon the official primary
21 ballot for nomination for (or election to in the case of
22 committeemen and delegates and alternate delegates) such
23 office.
24 Signed ......................
25 Subscribed and sworn to (or affirmed) before me by ....,
26 who is to me personally known, on (insert date). this ....
27 day of ...., 19...
28 Signed ....................
29 (Official Character)
30 (Seal, if officer has one.)
31 The petitions, when filed, shall not be withdrawn or
32 added to, and no signatures shall be revoked except by
33 revocation filed in writing with the State Board of
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1 Elections, election authority or local election official with
2 whom the petition is required to be filed, and before the
3 filing of such petition. Whoever forges the name of a signer
4 upon any petition required by this Article is deemed guilty
5 of a forgery and on conviction thereof shall be punished
6 accordingly.
7 Petitions of candidates for nomination for offices herein
8 specified, to be filed with the same officer, may contain the
9 names of 2 or more candidates of the same political party for
10 the same or different offices.
11 Such petitions for nominations shall be signed:
12 (a) If for a State office, or for delegate or
13 alternate delegate to be elected from the State at large
14 to a National nominating convention by not less than
15 5,000 nor more than 10,000 primary electors of his party.
16 (b) If for a congressional officer or for delegate
17 or alternate delegate to be elected from a congressional
18 district to a national nominating convention by at least
19 .5% of the qualified primary electors of his party in his
20 congressional district, except that for the first primary
21 following a redistricting of congressional districts such
22 petitions shall be signed by at least 600 qualified
23 primary electors of the candidate's party in his
24 congressional district.
25 (c) If for a county office (including county board
26 member and chairman of the county board where elected
27 from the county at large), by at least .5% of the
28 qualified electors of his party cast at the last
29 preceding general election in his county. However, if
30 for the nomination for county commissioner of Cook
31 County, then by at least .5% of the qualified primary
32 electors of his or her party in his or her county in the
33 district or division in which such person is a candidate
34 for nomination; and if for county board member from a
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1 county board district, then by at least .5% of the
2 qualified primary electors of his party in the county
3 board district. In the case of an election for county
4 board member to be elected from a district, for the first
5 primary following a redistricting of county board
6 districts or the initial establishment of county board
7 districts, then by at least .5% of the qualified electors
8 of his party in the entire county at the last preceding
9 general election, divided by the number of county board
10 districts, but in any event not less than 25 qualified
11 primary electors of his party in the district.
12 (d) If for a municipal or township office by at
13 least .5% of the qualified primary electors of his party
14 in the municipality or township; if for alderman, by at
15 least .5% of the voters of his party of his ward. In the
16 case of an election for alderman or trustee of a
17 municipality to be elected from a ward or district, for
18 the first primary following a redistricting or the
19 initial establishment of wards or districts, then by .5%
20 of the total number of votes cast for the candidate of
21 such political party who received the highest number of
22 votes in the entire municipality at the last regular
23 election at which an officer was regularly scheduled to
24 be elected from the entire municipality, divided by the
25 number of wards or districts, but in any event not less
26 than 25 qualified primary electors of his party in the
27 ward or district.
28 (e) If for State central committeeman, by at least
29 100 of the primary electors of his or her party of his or
30 her congressional district.
31 (f) If for a candidate for trustee of a sanitary
32 district in which trustees are not elected from wards, by
33 at least .5% of the primary electors of his party, from
34 such sanitary district.
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1 (g) If for a candidate for trustee of a sanitary
2 district in which the trustees are elected from wards, by
3 at least .5% of the primary electors of his party in his
4 ward of such sanitary district, except that for the first
5 primary following a reapportionment of the district such
6 petitions shall be signed by at least 150 qualified
7 primary electors of the candidate's ward of such sanitary
8 district.
9 (h) If for a candidate for judicial office, by at
10 least 500 qualified primary electors of his or her
11 judicial district, circuit, or subcircuit, as the case
12 may be.
13 (i) If for a candidate for precinct committeeman,
14 by at least 10 primary electors of his or her party of
15 his or her precinct; if for a candidate for ward
16 committeeman, by not less than 10% nor more than 16% (or
17 50 more than the minimum, whichever is greater) of the
18 primary electors of his party of his ward; if for a
19 candidate for township committeeman, by not less than 5%
20 nor more than 8% (or 50 more than the minimum, whichever
21 is greater) of the primary electors of his party in his
22 township or part of a township as the case may be.
23 (j) If for a candidate for State's Attorney or
24 Regional Superintendent of Schools to serve 2 or more
25 counties, by at least .5% of the primary electors of his
26 party in the territory comprising such counties.
27 (k) If for any other office by at least .5% of the
28 total number of registered voters of the political
29 subdivision, district or division for which the
30 nomination is made or a minimum of 25, whichever is
31 greater.
32 For the purposes of this Section the number of primary
33 electors shall be determined by taking the total vote cast,
34 in the applicable district, for the candidate for such
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1 political party who received the highest number of votes,
2 state-wide, at the last general election in the State at
3 which electors for President of the United States were
4 elected. For political subdivisions, the number of primary
5 electors shall be determined by taking the total vote cast
6 for the candidate for such political party who received the
7 highest number of votes in such political subdivision at the
8 last regular election at which an officer was regularly
9 scheduled to be elected from that subdivision. For wards or
10 districts of political subdivisions, the number of primary
11 electors shall be determined by taking the total vote cast
12 for the candidate for such political party who received the
13 highest number of votes in such ward or district at the last
14 regular election at which an officer was regularly scheduled
15 to be elected from that ward or district.
16 A "qualified primary elector" of a party may not sign
17 petitions for or be a candidate in the primary of more than
18 one party.
19 (Source: P.A. 87-1052; 88-89; revised 1-26-99.)
20 (10 ILCS 5/7-10.1) (from Ch. 46, par. 7-10.1)
21 Sec. 7-10.1. Each petition or certificate of nomination
22 shall include as a part thereof, a statement for each of the
23 candidates filing, or in whose behalf the petition or
24 certificate of nomination is filed, said statement shall be
25 subscribed and sworn to by such candidate or nominee before
26 some officer authorized to take acknowledgment of deeds in
27 this State and shall be in substantially the following form:
28 United States of America )
29 ) ss
30 State of Illinois )
31 I, .... do swear that I am a citizen of the United States
32 and the State of Illinois, that I am not affiliated directly
33 or indirectly with any communist organization or any
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1 communist front organization, or any foreign political
2 agency, party, organization or government which advocates the
3 overthrow of constitutional government by force or other
4 means not permitted under the Constitution of the United
5 States or the constitution of this State; that I do not
6 directly or indirectly teach or advocate the overthrow of the
7 government of the United States or of this State or any
8 unlawful change in the form of the governments thereof by
9 force or any unlawful means.
10 .......................
11 Subscribed and sworn to by me on (insert date). this ....
12 day of ...., 19...
13 .......................
14 (Notary Public)
15 My commission expires:
16 (Source: P.A. 76-1329; revised 10-20-98.)
17 (10 ILCS 5/7-24) (from Ch. 46, par. 7-24)
18 Sec. 7-24. The primary poll books shall be substantially
19 in the following form:
20 Primary poll books of the primary held in the .... precinct
21 of the county of .... on (insert date). the .... day of ....
22 A.D. .....
23 Party Affiliation
24 ...................................
25 Residence Repub- Demo- Prohibi- Social-
26 Street and lican crat tionist ist
27 Name of Voter number
28 .............................................................
29 1 John Jones x
30 2 Richard Smith x
31 3 John Doe x
32 4 Richard Roe x
33 5 Charles Lee x
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1 .............................................................
2 This is to certify that the above and foregoing is a
3 correct list of primary voters at a primary held on (insert
4 date) the .... day of .... A.D. .... in the .... precinct, in
5 .... county, and State of Illinois. That at the primary the
6 undersigned judges served as required by law and are entitled
7 to pay therefor.
8 Dated (insert date). .... 19...
9 ............................ ............................
10 ............................ ............................
11 ............................ ............................
12 Judges of primary
13 The primary poll books shall otherwise be in form and
14 shall contain the same certificates as nearly as may be as
15 the poll books used in the general election and shall be
16 signed and attested in the same manner, as nearly as may be,
17 as the poll books used for the purpose of general elections.
18 If Article 4, 5 or 6 of this Act applies to any such primary
19 the official poll record provided for in such applicable
20 Article shall be used in lieu of poll books.
21 (Source: Laws 1957, p. 1450; revised 10-20-98.)
22 (10 ILCS 5/7-34) (from Ch. 46, par. 7-34)
23 Sec. 7-34. Pollwatchers in a primary election shall be
24 authorized in the following manner:
25 (1) Each established political party shall be entitled
26 to appoint one pollwatcher per precinct. Such pollwatchers
27 must be affiliated with the political party for which they
28 are pollwatching. For all primary elections, except as
29 provided in subsection (5), such pollwatchers must be
30 registered to vote from a residence in the county in which
31 they are pollwatching.
32 (2) Each candidate shall be entitled to appoint two
33 pollwatchers per precinct. For Federal, State, and county
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1 primary elections, one pollwatcher must be registered to vote
2 from a residence in the county in which he is pollwatching.
3 The second pollwatcher must be registered to vote from a
4 residence in the precinct or ward in which he is
5 pollwatching. For township and municipal primary elections,
6 one pollwatcher must be registered to vote from a residence
7 in the county in which he is pollwatching. The second
8 pollwatcher must be registered to vote from a residence in
9 the precinct or ward in which he is pollwatching.
10 (3) Each organization of citizens within the county or
11 political subdivision, which has among its purposes or
12 interests the investigation or prosecution of election
13 frauds, and which shall have registered its name and address
14 and the names and addresses of its principal officers with
15 the proper election authority at least 40 days before the
16 primary election, shall be entitled to appoint one
17 pollwatcher per precinct. For all primary elections, except
18 as provided in subsection (5), such pollwatcher must be
19 registered to vote from a residence in the county in which he
20 is pollwatching.
21 (4) Each organized group of proponents or opponents of a
22 ballot proposition, which shall have registered the name and
23 address of its organization or committee and the name and
24 address of its chairman with the proper election authority at
25 least 40 days before the primary election, shall be entitled
26 to appoint one pollwatcher per precinct. Except as provided
27 in subsection (5), such pollwatcher must be registered to
28 vote from a residence in the county in which the ballot
29 proposition is being voted upon.
30 (5) In any primary election held to nominate candidates
31 for the offices of a municipality of less than 3,000,000
32 population that is situated in 2 or more counties, a
33 pollwatcher who is a resident of a county in which any part
34 of the municipality is situated shall be eligible to serve as
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1 a pollwatcher in any polling place located within such
2 municipality, provided that such pollwatcher otherwise
3 complies with the respective requirements of subsections (1)
4 through (4) of this Section and is a registered voter whose
5 residence is within the municipality.
6 All pollwatchers shall be required to have proper
7 credentials. Such credentials shall be printed in sufficient
8 quantities, shall be issued by and under the facsimile
9 signature(s) of the election authority and shall be available
10 for distribution at least 2 weeks prior to the election.
11 Such credentials shall be authorized by the real or facsimile
12 signature of the State or local party official or the
13 candidate or the presiding officer of the civic organization
14 or the chairman of the proponent or opponent group, as the
15 case may be.
16 Pollwatcher credentials shall be in substantially the
17 following form:
18 POLLWATCHER CREDENTIALS
19 TO THE JUDGES OF ELECTION:
20 In accordance with the provisions of the Election Code,
21 the undersigned hereby appoints ........... (name of
22 pollwatcher) at .......... (address) in the county of
23 ..........., .......... (township or municipality) of
24 ........... (name), State of Illinois and who is duly
25 registered to vote from this address, to act as a pollwatcher
26 in the ........... precinct of the .......... ward (if
27 applicable) of the ........... (township or municipality) of
28 ........... at the ........... election to be held on
29 ..........., 19.. (insert date).
30 ........................ (Signature of Appointing Authority)
31 ........................ TITLE (party official, candidate,
32 civic organization president,
33 proponent or opponent group chairman)
34 Under penalties provided by law pursuant to Section 29-10
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1 of the Election Code, the undersigned pollwatcher certifies
2 that he or she resides at .............. (address) in the
3 county of ........., ......... (township or municipality) of
4 .......... (name), State of Illinois, and is duly registered
5 to vote from that address.
6 ........................... ..........................
7 (Precinct and/or Ward in (Signature of Pollwatcher)
8 Which Pollwatcher Resides)
9 Pollwatchers must present their credentials to the Judges
10 of Election upon entering the polling place. Pollwatcher
11 credentials properly executed and signed shall be proof of
12 the qualifications of the pollwatcher authorized thereby.
13 Such credentials are retained by the Judges and returned to
14 the Election Authority at the end of the day of election with
15 the other election materials. Once a pollwatcher has
16 surrendered a valid credential, he may leave and reenter the
17 polling place provided that such continuing action does not
18 disrupt the conduct of the election. Pollwatchers may be
19 substituted during the course of the day, but established
20 political parties, candidates, qualified civic organizations
21 and proponents and opponents of a ballot proposition can have
22 only as many pollwatchers at any given time as are authorized
23 in this Article. A substitute must present his signed
24 credential to the judges of election upon entering the
25 polling place. Election authorities must provide a
26 sufficient number of credentials to allow for substitution of
27 pollwatchers. After the polls have closed, pollwatchers shall
28 be allowed to remain until the canvass of votes is completed;
29 but may leave and reenter only in cases of necessity,
30 provided that such action is not so continuous as to disrupt
31 the canvass of votes.
32 Candidates seeking office in a district or municipality
33 encompassing 2 or more counties shall be admitted to any and
34 all polling places throughout such district or municipality
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1 without regard to the counties in which such candidates are
2 registered to vote. Actions of such candidates shall be
3 governed in each polling place by the same privileges and
4 limitations that apply to pollwatchers as provided in this
5 Section. Any such candidate who engages in an activity in a
6 polling place which could reasonably be construed by a
7 majority of the judges of election as campaign activity shall
8 be removed forthwith from such polling place.
9 Candidates seeking office in a district or municipality
10 encompassing 2 or more counties who desire to be admitted to
11 polling places on election day in such district or
12 municipality shall be required to have proper credentials.
13 Such credentials shall be printed in sufficient quantities,
14 shall be issued by and under the facsimile signature of the
15 election authority of the election jurisdiction where the
16 polling place in which the candidate seeks admittance is
17 located, and shall be available for distribution at least 2
18 weeks prior to the election. Such credentials shall be
19 signed by the candidate.
20 Candidate credentials shall be in substantially the
21 following form:
22 CANDIDATE CREDENTIALS
23 TO THE JUDGES OF ELECTION:
24 In accordance with the provisions of the Election Code, I
25 ...... (name of candidate) hereby certify that I am a
26 candidate for ....... (name of office) and seek admittance to
27 ....... precinct of the ....... ward (if applicable) of the
28 ....... (township or municipality) of ....... at the .......
29 election to be held on ...., 19.... (insert date).
30 ......................... .......................
31 (Signature of Candidate) OFFICE FOR WHICH
32 CANDIDATE SEEKS
33 NOMINATION OR
34 ELECTION
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1 Pollwatchers shall be permitted to observe all
2 proceedings relating to the conduct of the election and to
3 station themselves in a position in the voting room as will
4 enable them to observe the judges making the signature
5 comparison between the voter application and the voter
6 registration record card; provided, however, that such
7 pollwatchers shall not be permitted to station themselves in
8 such close proximity to the judges of election so as to
9 interfere with the orderly conduct of the election and shall
10 not, in any event, be permitted to handle election materials.
11 Pollwatchers may challenge for cause the voting
12 qualifications of a person offering to vote and may call to
13 the attention of the judges of election any incorrect
14 procedure or apparent violations of this Code.
15 If a majority of the judges of election determine that
16 the polling place has become too overcrowded with
17 pollwatchers so as to interfere with the orderly conduct of
18 the election, the judges shall, by lot, limit such
19 pollwatchers to a reasonable number, except that each
20 candidate and each established or new political party shall
21 be permitted to have at least one pollwatcher present.
22 Representatives of an election authority, with regard to
23 an election under its jurisdiction, the State Board of
24 Elections, and law enforcement agencies, including but not
25 limited to a United States Attorney, a State's attorney, the
26 Attorney General, and a State, county, or local police
27 department, in the performance of their official election
28 duties, shall be permitted at all times to enter and remain
29 in the polling place. Upon entering the polling place, such
30 representatives shall display their official credentials or
31 other identification to the judges of election.
32 Uniformed police officers assigned to polling place duty
33 shall follow all lawful instructions of the judges of
34 election.
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1 The provisions of this Section shall also apply to
2 supervised casting of absentee ballots as provided in Section
3 19-12.2 of this Act.
4 (Source: P.A. 90-655, eff. 7-30-98; revised 10-19-98.)
5 (10 ILCS 5/7-53) (from Ch. 46, par. 7-53)
6 Sec. 7-53. As soon as the ballots of a political party
7 shall have been read and the votes of the political party
8 counted, as provided in the last above section, the 3 judges
9 in charge of the tally sheets shall foot up the tally sheets
10 so as to show the total number of votes cast for each
11 candidate of the political party and for each candidate for
12 State Central committeeman and precinct committeeman,
13 township committeeman or ward committeeman, and delegate and
14 alternate delegate to National nominating conventions, and
15 certify the same to be correct. Thereupon, the primary judges
16 shall set down in a certificate of results on the tally
17 sheet, under the name of the political party, the name of
18 each candidate voted for upon the primary ballot, written at
19 full length, the name of the office for which he is a
20 candidate for nomination or for committeeman, or delegate or
21 alternate delegate to National nominating conventions, the
22 total number of votes which the candidate received, and they
23 shall also set down the total number of ballots voted by the
24 primary electors of the political party in the precinct. The
25 certificate of results shall be made substantially in the
26 following form:
27 ................ Party
28 At the primary election held in the .... precinct of the
29 (1) *township of ...., or (2) *City of ...., or (3) *....
30 ward in the city of .... on (insert date), the .... day of
31 ...., 19.., the primary electors of the .... party voted ....
32 ballots, and the respective candidates whose names were
33 written or printed on the primary ballot of the .... party,
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1 received respectively the following votes:
2 Name of No. of
3 Candidate, Title of Office, Votes
4 John Jones Governor 100
5 Sam Smith Governor 70
6 Frank Martin Attorney General 150
7 William Preston Rep. in Congress 200
8 Frederick John Circuit Judge 50
9 *Fill in either (1), (2) or (3).
10 And so on for each candidate.
11 We hereby certify the above and foregoing to be true and
12 correct.
13 Dated (insert date). this .... day of ...., 19....
14 ...................................
15 Name Address
16 ...................................
17 Name Address
18 ...................................
19 Name Address
20 ...................................
21 Name Address
22 ...................................
23 Name Address
24 Judges of Primary
25 Where voting machines or electronic voting systems are
26 used, the provisions of this Section may be modified as
27 required or authorized by Article 24 and Article 24A,
28 whichever is applicable.
29 (Source: P.A. 84-551; revised 10-20-98.)
30 (10 ILCS 5/8-8) (from Ch. 46, par. 8-8)
31 Sec. 8-8. The name of no candidate for nomination shall
32 be printed upon the primary ballot unless a petition for
33 nomination shall have been filed in his behalf as provided
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1 for in this Section. Each such petition shall include as a
2 part thereof the oath required by Section 7-10.1 of this Act
3 and a statement of candidacy by the candidate filing or in
4 whose behalf the petition is filed. This statement shall set
5 out the address of such candidate, the office for which he is
6 a candidate, shall state that the candidate is a qualified
7 primary voter of the party to which the petition relates, is
8 qualified for the office specified and has filed a statement
9 of economic interests as required by the Illinois
10 Governmental Ethics Act, shall request that the candidate's
11 name be placed upon the official ballot and shall be
12 subscribed and sworn by such candidate before some officer
13 authorized to take acknowledgment of deeds in this State and
14 may be in substantially the following form:
15 State of Illinois)
16 ) ss.
17 County ..........)
18 I, ...., being first duly sworn, say that I reside at
19 .... street in the city (or village of) .... in the county of
20 .... State of Illinois; that I am a qualified voter therein
21 and am a qualified primary voter of .... party; that I am a
22 candidate for nomination to the office of .... to be voted
23 upon at the primary election to be held on (insert date); the
24 .... day of ...., 19..; that I am legally qualified to hold
25 such office and that I have filed a statement of economic
26 interests as required by the Illinois Governmental Ethics Act
27 and I hereby request that my name be printed upon the
28 official primary ballot for nomination for such office.
29 Signed ....................
30 Subscribed and sworn to (or affirmed) before me by ....,
31 who is to me personally known, on (insert date). this ....
32 day of .... 19...
33 Signed .... (Official Character)
34 (Seal if officer has one.)
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1 All petitions for nomination for the office of State
2 Senator shall be signed by 1% or 600, whichever is greater,
3 of the qualified primary electors of the candidate's party in
4 his legislative district, except that for the first primary
5 following a redistricting of legislative districts, such
6 petitions shall be signed by at least 600 qualified primary
7 electors of the candidate's party in his legislative
8 district.
9 All petitions for nomination for the office of
10 Representative in the General Assembly shall be signed by at
11 least 1% or 300, whichever is greater, of the qualified
12 primary electors of the candidate's party in his or her
13 representative district, except that for the first primary
14 following a redistricting of representative districts such
15 petitions shall be signed by at least 300 qualified primary
16 electors of the candidate's party in his or her
17 representative district.
18 Opposite the signature of each qualified primary elector
19 who signs a petition for nomination for the office of State
20 Representative or State Senator such elector's residence
21 address shall be written or printed. The residence address
22 required to be written or printed opposite each qualified
23 primary elector's name shall include the street address or
24 rural route number of the signer, as the case may be, as well
25 as the signer's city, village or town.
26 For the purposes of this Section, the number of primary
27 electors shall be determined by taking the total vote cast,
28 in the applicable district, for the candidate for such
29 political party who received the highest number of votes,
30 state-wide, at the last general election in the State at
31 which electors for President of the United States were
32 elected.
33 A "qualified primary elector" of a party may not sign
34 petitions for or be a candidate in the primary of more than
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1 one party.
2 In the affidavit at the bottom of each sheet, the
3 petition circulator, who shall have been a registered voter
4 at all times he or she circulated the petition, shall state
5 his street address or rural route number, as the case may be,
6 as well as his city, village or town.
7 In the affidavit at the bottom of each petition sheet,
8 the petition circulator shall either (1) indicate the dates
9 on which he or she circulated that sheet, or (2) indicate the
10 first and last dates on which the sheet was circulated, or
11 (3) certify that none of the signatures on the sheet were
12 signed more than 90 days preceding the last day for the
13 filing of the petition. No petition sheet shall be
14 circulated more than 90 days preceding the last day provided
15 in Section 8-9 for the filing of such petition.
16 All petition sheets which are filed with the State Board
17 of Elections shall be the original sheets which have been
18 signed by the voters and by the circulator, and not
19 photocopies or duplicates of such sheets.
20 The person circulating the petition, or the candidate on
21 whose behalf the petition is circulated, may strike any
22 signature from the petition, provided that:;
23 (1) the person striking the signature shall initial
24 the petition at the place where the signature is struck;
25 and
26 (2) the person striking the signature shall sign a
27 certification listing the page number and line number of
28 each signature struck from the petition. Such
29 certification shall be filed as a part of the petition.
30 (Source: P.A. 86-867; 86-875; 86-1028; 86-1348; 87-1052;
31 revised 10-20-98.)
32 (10 ILCS 5/9-1.7) (from Ch. 46, par. 9-1.7)
33 Sec. 9-1.7. "Local political committee" means the
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1 candidate himself or any individual, trust, partnership,
2 committee, association, corporation, or any other
3 organization or group of persons which:
4 (a) accepts contributions or grants or makes
5 expenditures during any 12-month period in an aggregate
6 amount exceeding $3,000 on behalf of or in opposition to
7 a candidate or candidates for public office who are
8 required by the Illinois Governmental Ethics Act to file
9 statements of economic interests with the county clerk,
10 or on behalf of or in opposition to a candidate or
11 candidates for election to the office of ward or township
12 committeeman in counties of 3,000,000 or more population;
13 .
14 (b) accepts contributions or makes expenditures
15 during any 12-month period in an aggregate amount
16 exceeding $3,000 in support of or in opposition to any
17 question of public policy to be submitted to the electors
18 of an area encompassing no more than one county;, or
19 (c) accepts contributions or makes expenditures
20 during any 12-month period in an aggregate amount
21 exceeding $3,000 and has as its primary purpose the
22 furtherance of governmental, political or social values,
23 is organized on a not-for-profit basis, and which
24 publicly endorses or publicly opposes a candidate or
25 candidates for public office who are required by the
26 Illinois Governmental Ethics Act to file statements of
27 economic interest with the County Clerk or a candidate or
28 candidates for the office of ward or township
29 committeeman in counties of 3,000,000 or more population.
30 (Source: P.A. 89-405, eff. 11-8-95; 90-737, eff. 1-1-99;
31 revised 10-28-98.)
32 (10 ILCS 5/10-6.2) (from Ch. 46, par. 10-6.2)
33 Sec. 10-6.2. The State Board of Elections, the election
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1 authority or the local election official with whom petitions
2 for nomination are filed pursuant to this Article 10 shall
3 specify the place where filings shall be made and upon
4 receipt shall endorse thereon the day and the hour at which
5 each petition was filed. Except as provided by Article 9 of
6 The School Code, all petitions filed by persons waiting in
7 line as of 8:00 a.m. on the first day for filing, or as of
8 the normal opening hour of the office involved on such day,
9 shall be deemed filed as of 8:00 a.m. or the normal opening
10 hour, as the case may be. Petitions filed by mail and
11 received after midnight of the first day for filing and in
12 the first mail delivery or pickup of that day shall be deemed
13 filed as of 8:00 a.m. of that day or as of the normal opening
14 hour of such day, as the case may be. All petitions received
15 thereafter shall be deemed filed in the order of actual
16 receipt. Where 2 or more petitions are received
17 simultaneously, the State Board of Elections, the election
18 authority or the local election official with whom such
19 petitions are filed shall break ties and determine the order
20 of filing by means of a lottery or other fair and impartial
21 method of random selection approved by the State Board of
22 Elections. Such lottery shall be conducted within 9 days
23 following the last day for petition filing and shall be open
24 to the public. Seven days written notice of the time and
25 place of conducting such random selection shall be given, by
26 the State Board of Elections, the election authority, or
27 local election official, to the Chairman of each political
28 party, and to each organization of citizens within the
29 election jurisdiction which was entitled, under this Code, at
30 the next preceding election, to have pollwatchers present on
31 the day of election. The State Board of Elections, the
32 election authority or local election official shall post in a
33 conspicuous, open and public place, at the entrance of the
34 office, notice of the time and place of such lottery. The
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1 State Board of Elections shall adopt rules and regulations
2 governing the procedures for the conduct of such lottery. All
3 candidates shall be certified in the order in which their
4 petitions have been filed and in the manner prescribed by
5 Section 10-14 and 10-15 of this Article. Where candidates
6 have filed simultaneously, they shall be certified in the
7 order determined by lot and prior to candidates who filed for
8 the same office or offices at a later time. Certificates of
9 nomination filed within the period prescribed in Section
10 10-6(2) for candidates nominated by caucus for township or
11 municipal offices shall be subject to the ballot placement
12 lottery for established political parties prescribed in
13 Section 7-60 of this Code.
14 If multiple sets of nomination papers are filed for a
15 candidate to the same office, the State Board of Elections,
16 appropriate election authority or local election official
17 where the petitions are filed shall within 2 business days
18 notify the candidate of his or her multiple petition filings
19 and that the candidate has 3 business days after receipt of
20 the notice to notify the State Board of Elections,
21 appropriate election authority or local election official
22 that he or she may cancel prior sets of petitions. If the
23 candidate notifies the State Board of Elections, appropriate
24 election authority or local election official, the last set
25 of petitions filed shall be the only petitions to be
26 considered valid by the State Board of Elections, election
27 authority or local election official. If the candidate fails
28 to notify the State Board of Elections, appropriate election
29 authority or local election official then only the first set
30 of petitions filed shall be valid and all subsequent
31 petitions shall be void.
32 (Source: P.A. 86-867; 86-874; 86-1028; 87-1052; revised
33 10-31-98.)
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1 (10 ILCS 5/12-1) (from Ch. 46, par. 12-1)
2 Sec. 12-1. At least 60 days prior to each general and
3 consolidated election, the election authority shall provide
4 public notice, calculated to reach elderly and handicapped
5 voters, of the availability of registration and voting aids
6 under the Federal Voting Accessibility for the Elderly and
7 Handicapped Act, of the availability of assistance in marking
8 the ballot, and procedures for voting by absentee ballot.
9 At least 30 days before any general election, and at
10 least 20 days before any special congressional election, the
11 county clerk shall publish a notice of the election in 2 or
12 more newspapers published in the county, city, village,
13 incorporated town or town, as the case may be, or if there is
14 no such newspaper, then in any 2 or more newspapers published
15 in the county and having a general circulation throughout the
16 community. The notice may be substantially as follows:
17 Notice is hereby given that on (give date), at (give the
18 place of holding the election and the name of the precinct or
19 district) in the county of (name county), an election will be
20 held for (give the title of the several offices to be
21 filled), which election will be open at 6:00 a.m. and
22 continued open until 7:00 p.m. of that day.
23 Dated at .... on (insert date). this .... day of ....,
24 19...
25 (Source: P.A. 90-358, eff. 1-1-98; revised 10-20-98.)
26 (10 ILCS 5/14-4) (from Ch. 46, par. 14-4)
27 Sec. 14-4. The leading political party represented by a
28 minority of all the commissioners in the board shall be
29 entitled to 2 of the judges in each precinct with an even
30 number, and 3 of the judges in each precinct with an odd
31 number, and the other leading political party shall be
32 entitled to 3 judges in the even and 2 judges in the odd
33 number precincts; and if only 3 judges of election serve in
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1 each precinct, the leading political party represented by the
2 minority of all the commissioners in the board shall be
3 entitled to one of the judges of election in each precinct
4 with an even number, and 2 of the judges of election in each
5 precinct with an odd number, and the other leading political
6 party shall be entitled to 2 judges of election in the even
7 and one judge of election in the odd number precincts; and it
8 shall be the duty of such commissioners to observe this
9 division in all respects in making such appointments; except
10 that this Section does not apply to appointments by county
11 boards of election commissioners under Section 14-3.1.
12 (Source: P.A. 89-471, eff. 6-13-96; revised 10-31-98.)
13 (10 ILCS 5/17-9) (from Ch. 46, par. 17-9)
14 Sec. 17-9. Any person desiring to vote shall give his
15 name and, if required to do so, his residence to the judges
16 of election, one of whom shall thereupon announce the same in
17 a loud and distinct tone of voice, clear, and audible; the
18 judges of elections shall check each application for ballot
19 against the list of voters registered in that precinct to
20 whom absentee ballots have been issued for that election,
21 which shall be provided by the election authority and which
22 list shall be available for inspection by pollwatchers. A
23 voter applying to vote in the precinct on election day whose
24 name appears on the list as having been issued an absentee
25 ballot shall not be permitted to vote in the precinct unless
26 that voter submits to the judges of election, for
27 cancellation or revocation, his absentee ballot. In the case
28 that the voter's absentee ballot is not present in the
29 polling place, it shall be sufficient for any such voter to
30 submit to the judges of election in lieu of his absentee
31 ballot, either a portion of such ballot if torn or mutilated,
32 an affidavit executed before the judges of election
33 specifying that the voter never received an absentee ballot,
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1 or an affidavit executed before the judges of election
2 specifying that the voter desires to cancel or revoke any
3 absentee ballot that may have been cast in the voter's name.
4 All applicable provisions of Articles 4, 5 or 6 shall be
5 complied with and if such name is found on the register of
6 voters by the officer having charge thereof, he shall
7 likewise repeat said name, and the voter shall be allowed to
8 enter within the proximity of the voting booths, as above
9 provided. One of the judges shall give the voter one, and
10 only one of each ballot to be voted at the election, on the
11 back of which ballots such judge shall indorse his initials
12 in such manner that they may be seen when each such ballot is
13 properly folded, and the voter's name shall be immediately
14 checked on the register list. In those election jurisdictions
15 where perforated ballot cards are utilized of the type on
16 which write-in votes can be cast above the perforation, the
17 election authority shall provide a space both above and below
18 the perforation for the judge's initials, and the judge shall
19 endorse his or her initials in both spaces. Whenever a
20 proposal for a constitutional amendment or for the calling of
21 a constitutional convention is to be voted upon at the
22 election, the separate blue ballot or ballots pertaining
23 thereto shall, when being handed to the voter, be placed on
24 top of the other ballots to be voted at the election in such
25 manner that the legend appearing on the back thereof, as
26 prescribed in Section 16-6 of this Act, shall be plainly
27 visible to the voter. At all elections, when a registry may
28 be required, if the name of any person so desiring to vote at
29 such election is not found on the register of voters, he or
30 she shall not receive a ballot until he or she shall have
31 complied with the law prescribing the manner and conditions
32 of voting by unregistered voters. If any person desiring to
33 vote at any election shall be challenged, he or she shall not
34 receive a ballot until he or she shall have established his
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1 right to vote in the manner provided hereinafter; and if he
2 or she shall be challenged after he has received his ballot,
3 he shall not be permitted to vote until he or she has fully
4 complied with such requirements of the law upon being
5 challenged. Besides the election officer, not more than 2
6 voters in excess of the whole number of voting booths
7 provided shall be allowed within the proximity of the voting
8 booths at one time. The provisions of this Act, so far as
9 they require the registration of voters as a condition to
10 their being allowed to vote shall not apply to persons
11 otherwise entitled to vote, who are, at the time of the
12 election, or at any time within 60 days prior to such
13 election have been engaged in the military or naval service
14 of the United States, and who appear personally at the
15 polling place on election day and produce to the judges of
16 election satisfactory evidence thereof, but such persons, if
17 otherwise qualified to vote, shall be permitted to vote at
18 such election without previous registration.
19 All such persons shall also make an affidavit which shall
20 be in substantially the following form:
21 State of Illinois,)
22 ) ss.
23 County of ........)
24 ............... Precinct .......... Ward
25 I, ...., do solemnly swear (or affirm) that I am a
26 citizen of the United States, of the age of 18 years or over,
27 and that within the past 60 days prior to the date of this
28 election at which I am applying to vote, I have been engaged
29 in the .... (military or naval) service of the United States;
30 and I am qualified to vote under and by virtue of the
31 Constitution and laws of the State of Illinois, and that I am
32 a legally qualified voter of this precinct and ward except
33 that I have, because of such service, been unable to register
34 as a voter; that I now reside at .... (insert street and
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1 number, if any) in this precinct and ward; that I have
2 maintained a legal residence in this precinct and ward for 30
3 days and in this State 30 days next preceding this election.
4 .........................
5 Subscribed and sworn to before me on (insert date). this
6 .... day of...., 19...
7 .........................
8 Judge of Election.
9 The affidavit of any such person shall be supported by
10 the affidavit of a resident and qualified voter of any such
11 precinct and ward, which affidavit shall be in substantially
12 the following form:
13 State of Illinois,)
14 ) ss.
15 County of ........)
16 ........... Precinct ........... Ward
17 I, ...., do solemnly swear (or affirm), that I am a
18 resident of this precinct and ward and entitled to vote at
19 this election; that I am acquainted with .... (name of the
20 applicant); that I verily believe him to be an actual bona
21 fide resident of this precinct and ward and that I verily
22 believe that he or she has maintained a legal residence
23 therein 30 days and in this State 30 days next preceding this
24 election.
25 .........................
26 Subscribed and sworn to before me on (insert date). this
27 .... day of...., 19...
28 .........................
29 Judge of Election.
30 All affidavits made under the provisions of this Section
31 shall be enclosed in a separate envelope securely sealed, and
32 shall be transmitted with the returns of the elections to the
33 county clerk or to the board of election commissioners, who
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1 shall preserve the said affidavits for the period of 6
2 months, during which period such affidavits shall be deemed
3 public records and shall be freely open to examination as
4 such.
5 (Source: P.A. 89-653, eff. 8-14-96; revised 10-20-98.)
6 (10 ILCS 5/17-10) (from Ch. 46, par. 17-10)
7 Sec. 17-10. (a) Whenever, at any election, in any
8 precinct, any person offering to vote is not personally known
9 to the judges of election to have the qualifications required
10 in this Act, if his vote is challenged by a legal voter at
11 such election, he or she shall make and subscribe an
12 affidavit, in the following form, which shall be retained by
13 the judges of election, and returned by them affixed to the
14 poll books or with the official poll record:
15 State of Illinois)
16 )ss.
17 County of .......)
18 I, ...., do solemnly swear (or affirm) that I am a
19 citizen of the United States; that I am 18 years of age or
20 over; that I have resided in this State and in this election
21 district 30 days next preceding this election; that I have
22 not voted at this election; that I am a duly qualified voter
23 in every respect; that I now reside at (here give the
24 particular house or place of residence, and, if in a town or
25 city, the street and number), in this election district; *1.
26 that I registered to vote from said address; *2. that I
27 changed my residence to the above address from ...., both of
28 which are in this election district; *3. that I changed my
29 name from .... to that which I have signed below; *4. that I
30 have not changed my residence but my address has changed as a
31 result of implementation of a 9-1-1 emergency telephone
32 system.
33 So help me God, (or "This I do solemnly and sincerely
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1 affirm", as the case may be).
2 .........................
3 Subscribed and sworn to before me on (insert date). this
4 .... day of ...., 19...
5 .........................
6 *1. If registration is not required, draw a line through
7 1 above.
8 *2. Fill in the blank ONLY if you have moved within 2
9 years.
10 *3. Fill in the blank ONLY if you have changed your name
11 within 2 years.
12 *4. Fill in the blank ONLY if you have not changed your
13 residence but your address has changed as a result of
14 implementation of a 9-1-1 emergency telephone system.
15 In addition to such an affidavit, the person so
16 challenged shall provide to the judges of election proof of
17 residence by producing two forms of identification showing
18 the person's current residence address, provided that such
19 identification may include not more than one piece of mail
20 addressed to the person at his current residence address and
21 postmarked not earlier than 30 days prior to the date of the
22 election, or the person shall procure a witness personally
23 known to the judges of election, and resident in the precinct
24 (or district), or who shall be proved by some legal voter of
25 such precinct or district, known to the judges to be such,
26 who shall take the oath following, viz:
27 I do solemnly swear (or affirm) that I am a resident of
28 this election precinct (or district), and entitled to vote at
29 this election, and that I have been a resident of this State
30 for 30 days last past, and am well acquainted with the person
31 whose vote is now offered; that he is an actual and bona fide
32 resident of this election precinct (or district), and has
33 resided herein 30 days, and as I verily believe, in this
34 State, 30 days next preceding this election.
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1 The oath in each case may be administered by either of
2 the judges of election, or by any officer, resident in the
3 precinct or district, authorized by law to administer oaths.
4 (b) Whenever, at any regular or special election, in any
5 precinct, district, city, village, incorporated town, town or
6 ward, any person offering to vote has moved therefrom within
7 30 days prior to said regular or special election, he shall
8 make and subscribe an affidavit, in the following form, which
9 shall be supported by providing to the judges of election
10 proof of residence by producing two forms of identification
11 showing the person's current residence address, provided that
12 such identification may include not more than one piece of
13 mail addressed to the person at his current residence address
14 and postmarked not earlier than 30 days prior to the date of
15 the election, or by one 1 affidavit of a registered voter in
16 the precinct, as provided herein, both of which shall be
17 retained by the judges of election, and returned by them
18 affixed to the poll books or with the official poll record:
19 State of Illinois)
20 )ss.
21 County of .......)
22 I, ........., do solemnly swear (or affirm) that I am a
23 citizen of the United States; that I am 18 years of age;
24 that I have not voted at this election; that prior to 30 days
25 preceding this election I was a duly qualified and registered
26 voter in every respect in this election district; that I have
27 recently moved from (here give the particular house or place
28 of residence, and, if in a town or city, the street and
29 number), in this election district; that I now reside at
30 (here give the particular house or place of residence, and,
31 if in a town or city, the street and number), in another
32 election district in the State.
33 So help me God, (or "This I do solemnly and sincerely
34 affirm", as the case may be).
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1 ......................
2 Subscribed and sworn to before me on (insert date). this
3 ............. day of ........, 19......
4 ......................
5 State of Illinois)
6 )ss.
7 County of .......)
8 ......... Precinct ........ Ward
9 I, ........, do solemnly swear (or affirm), that I am a
10 resident of this precinct and entitled to vote at this
11 election; that I am acquainted with .... (name of the
12 applicant); that I verily believe him to have been an actual
13 bona fide resident and registered voter of this precinct and
14 that he maintained a legal residence therein, 30 days next
15 preceding this election.
16 ....................
17 Subscribed and sworn to before me on (insert date). this
18 .... day of...., 19...
19 ....................
20 Judge of Election.
21 The oath may be administered by either of the judges of
22 election, or by any officer, resident in the precinct or
23 district, authorized by law to administer oaths.
24 (Source: P.A. 90-664, eff. 7-30-98; revised 10-20-98.)
25 (10 ILCS 5/17-17) (from Ch. 46, par. 17-17)
26 Sec. 17-17. After the opening of the polls no
27 adjournment shall be had nor shall any recess be taken, until
28 all the votes cast at such election have shall be been
29 counted and the result publicly announced, except that when
30 necessary one judge at a time may leave the polling place for
31 a reasonable time during the casting of ballots, and except
32 that when a polling place is inaccessible to a disabled
33 voter, one team of 2 judges of opposite party affiliation may
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1 leave the polling place to deliver a ballot to such voter, as
2 provided in Sections 7-47.1 and 17-13 of this Code. When a
3 judge leaves and returns, such judge shall sign a time sheet
4 indicating the length of the period such judge is absent from
5 his duties. When absent, the judge shall authorize someone
6 of the same political party as himself to act for him until
7 he returns.
8 Where voting machines or electronic voting systems are
9 used, the provisions of this section may be modified as
10 required or authorized by Article 24 or Article 24A,
11 whichever is applicable.
12 (Source: P.A. 84-808; revised 10-31-98.)
13 (10 ILCS 5/17-23) (from Ch. 46, par. 17-23)
14 Sec. 17-23. Pollwatchers in a general election shall be
15 authorized in the following manner:
16 (1) Each established political party shall be entitled
17 to appoint two pollwatchers per precinct. Such pollwatchers
18 must be affiliated with the political party for which they
19 are pollwatching. For all elections, except as provided in
20 subsection (4), one pollwatcher must be registered to vote
21 from a residence in the county in which he is pollwatching.
22 The second pollwatcher must be registered to vote from a
23 residence in the precinct or ward in which he is
24 pollwatching.
25 (2) Each candidate shall be entitled to appoint two
26 pollwatchers per precinct. For all elections, one
27 pollwatcher must be registered to vote from a residence in
28 the county in which he is pollwatching. The second
29 pollwatcher must be registered to vote from a residence in
30 the precinct or ward in which he is pollwatching.
31 (3) Each organization of citizens within the county or
32 political subdivision, which has among its purposes or
33 interests the investigation or prosecution of election
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1 frauds, and which shall have registered its name and address
2 and the name and addresses of its principal officers with the
3 proper election authority at least 40 days before the
4 election, shall be entitled to appoint one pollwatcher per
5 precinct. For all elections, such pollwatcher must be
6 registered to vote from a residence in the county in which he
7 is pollwatching.
8 (4) In any general election held to elect candidates for
9 the offices of a municipality of less than 3,000,000
10 population that is situated in 2 or more counties, a
11 pollwatcher who is a resident of a county in which any part
12 of the municipality is situated shall be eligible to serve as
13 a pollwatcher in any poll located within such municipality,
14 provided that such pollwatcher otherwise complies with the
15 respective requirements of subsections (1) through (3) of
16 this Section and is a registered voter whose residence is
17 within the municipality.
18 (5) Each organized group of proponents or opponents of a
19 ballot proposition, which shall have registered the name and
20 address of its organization or committee and the name and
21 address of its chairman with the proper election authority at
22 least 40 days before the election, shall be entitled to
23 appoint one pollwatcher per precinct. Such pollwatcher must
24 be registered to vote from a residence in the county in which
25 the ballot proposition is being voted upon.
26 All pollwatchers shall be required to have proper
27 credentials. Such credentials shall be printed in sufficient
28 quantities, shall be issued by and under the facsimile
29 signature(s) of the election authority and shall be available
30 for distribution at least 2 weeks prior to the election. Such
31 credentials shall be authorized by the real or facsimile
32 signature of the State or local party official or the
33 candidate or the presiding officer of the civic organization
34 or the chairman of the proponent or opponent group, as the
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1 case may be.
2 Pollwatcher credentials shall be in substantially the
3 following form:
4 POLLWATCHER CREDENTIALS
5 TO THE JUDGES OF ELECTION:
6 In accordance with the provisions of the Election Code,
7 the undersigned hereby appoints .......... (name of
8 pollwatcher) who resides at ........... (address) in the
9 county of ..........., .......... (township or municipality)
10 of ........... (name), State of Illinois and who is duly
11 registered to vote from this address, to act as a
12 pollwatcher in the ........... precinct of the ...........
13 ward (if applicable) of the ........... (township or
14 municipality) of ........... at the ........... election to
15 be held on .........., 19.. (insert date).
16 ........................ (Signature of Appointing Authority)
17 ......................... TITLE (party official, candidate,
18 civic organization president,
19 proponent or opponent group chairman)
20 Under penalties provided by law pursuant to Section 29-10
21 of the Election Code, the undersigned pollwatcher certifies
22 that he or she resides at ................ (address) in the
23 county of ............, ......... (township or municipality)
24 of ........... (name), State of Illinois, and is duly
25 registered to vote from that address.
26 .......................... .......................
27 (Precinct and/or Ward in (Signature of Pollwatcher)
28 Which Pollwatcher Resides)
29 Pollwatchers must present their credentials to the Judges
30 of Election upon entering the polling place. Pollwatcher
31 credentials properly executed and signed shall be proof of
32 the qualifications of the pollwatcher authorized thereby.
33 Such credentials are retained by the Judges and returned to
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1 the Election Authority at the end of the day of election with
2 the other election materials. Once a pollwatcher has
3 surrendered a valid credential, he may leave and reenter the
4 polling place provided that such continuing action does not
5 disrupt the conduct of the election. Pollwatchers may be
6 substituted during the course of the day, but established
7 political parties, candidates and qualified civic
8 organizations can have only as many pollwatchers at any given
9 time as are authorized in this Article. A substitute must
10 present his signed credential to the judges of election upon
11 entering the polling place. Election authorities must
12 provide a sufficient number of credentials to allow for
13 substitution of pollwatchers. After the polls have closed
14 pollwatchers shall be allowed to remain until the canvass of
15 votes is completed; but may leave and reenter only in cases
16 of necessity, provided that such action is not so continuous
17 as to disrupt the canvass of votes.
18 Candidates seeking office in a district or municipality
19 encompassing 2 or more counties shall be admitted to any and
20 all polling places throughout such district or municipality
21 without regard to the counties in which such candidates are
22 registered to vote. Actions of such candidates shall be
23 governed in each polling place by the same privileges and
24 limitations that apply to pollwatchers as provided in this
25 Section. Any such candidate who engages in an activity in a
26 polling place which could reasonably be construed by a
27 majority of the judges of election as campaign activity shall
28 be removed forthwith from such polling place.
29 Candidates seeking office in a district or municipality
30 encompassing 2 or more counties who desire to be admitted to
31 polling places on election day in such district or
32 municipality shall be required to have proper credentials.
33 Such credentials shall be printed in sufficient quantities,
34 shall be issued by and under the facsimile signature of the
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1 election authority of the election jurisdiction where the
2 polling place in which the candidate seeks admittance is
3 located, and shall be available for distribution at least 2
4 weeks prior to the election. Such credentials shall be
5 signed by the candidate.
6 Candidate credentials shall be in substantially the
7 following form:
8 CANDIDATE CREDENTIALS
9 TO THE JUDGES OF ELECTION:
10 In accordance with the provisions of the Election Code, I
11 ...... (name of candidate) hereby certify that I am a
12 candidate for ....... (name of office) and seek admittance to
13 ....... precinct of the ....... ward (if applicable) of the
14 ....... (township or municipality) of ....... at the .......
15 election to be held on ...., 19.... (insert date).
16 ......................... .......................
17 (Signature of Candidate) OFFICE FOR WHICH
18 CANDIDATE SEEKS
19 NOMINATION OR
20 ELECTION
21 Pollwatchers shall be permitted to observe all
22 proceedings relating to the conduct of the election and to
23 station themselves in a position in the voting room as will
24 enable them to observe the judges making the signature
25 comparison between the voter application and the voter
26 registration record card; provided, however, that such
27 pollwatchers shall not be permitted to station themselves in
28 such close proximity to the judges of election so as to
29 interfere with the orderly conduct of the election and shall
30 not, in any event, be permitted to handle election materials.
31 Pollwatchers may challenge for cause the voting
32 qualifications of a person offering to vote and may call to
33 the attention of the judges of election any incorrect
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1 procedure or apparent violations of this Code.
2 If a majority of the judges of election determine that
3 the polling place has become too overcrowded with
4 pollwatchers so as to interfere with the orderly conduct of
5 the election, the judges shall, by lot, limit such
6 pollwatchers to a reasonable number, except that each
7 established or new political party shall be permitted to have
8 at least one pollwatcher present.
9 Representatives of an election authority, with regard to
10 an election under its jurisdiction, the State Board of
11 Elections, and law enforcement agencies, including but not
12 limited to a United States Attorney, a State's attorney, the
13 Attorney General, and a State, county, or local police
14 department, in the performance of their official election
15 duties, shall be permitted at all times to enter and remain
16 in the polling place. Upon entering the polling place, such
17 representatives shall display their official credentials or
18 other identification to the judges of election.
19 Uniformed police officers assigned to polling place duty
20 shall follow all lawful instructions of the judges of
21 election.
22 The provisions of this Section shall also apply to
23 supervised casting of absentee ballots as provided in Section
24 19-12.2 of this Act.
25 (Source: P.A. 90-655, eff. 7-30-98; revised 10-19-98.)
26 (10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
27 Sec. 19-8. In case an absent voter's ballot is received
28 by the election authority prior to the delivery of the
29 official ballots to the judges of election of the precinct in
30 which said elector resides, such ballot envelope and
31 application, sealed in the carrier envelope, shall be
32 enclosed in such package and therewith delivered to the
33 judges of such precinct. In case the official ballots for
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1 such precinct have been delivered to the judges of election
2 at the time of the receipt by the election authority of such
3 absent voter's ballot, such authority shall immediately
4 enclose said envelope containing the absent voter's ballot,
5 together with his application therefor, in a larger or
6 carrier envelope which shall be securely sealed and addressed
7 on the face to the judges of election, giving the name or
8 number of precinct, street and number of polling place, city
9 or town in which such absent voter is a qualified elector,
10 and the words, "This envelope contains an absent voter's
11 ballot and must be opened only on election day at the polls
12 immediately after the polls are closed," "mailing the same,
13 postage prepaid, to such judges of election, or if more
14 convenient, such officer may deliver such absent voter's
15 ballot to the judges of election in person or by duly
16 deputized agent, said officer to secure his receipt for
17 delivery of such ballot or ballots. Absent voters' ballots
18 returned by absentee voters to the election authority after
19 the closing of the polls on an election day shall be endorsed
20 by the election authority receiving the same with the day and
21 hour of receipt and shall be safely kept unopened by such
22 election authority for the period of time required for the
23 preservation of ballots used at such election, and shall
24 then, without being opened, be destroyed in like manner as
25 the used ballots of such election.
26 All absent voters' ballots received by the election
27 authority after 12:00 noon on election day or too late for
28 delivery to the proper polling place before the closing of
29 the polls on election day, and Special Write-In Absentee
30 Voter's Blank Ballots, except ballots returned by mail
31 postmarked after midnight preceding the opening of the polls
32 on election day, shall be endorsed by the election authority
33 receiving the same with the day and hour of receipt and shall
34 be counted in the office of the election authority on the day
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1 of the election after 7:00 p.m. All absent voters' ballots
2 delivered in error to the wrong precinct polling place shall
3 be returned to the election authority and counted under this
4 provision; however, all absentee ballots received by the
5 election authority by the close of absentee voting in the
6 office of the election authority on the day preceding the day
7 of election shall be delivered to the proper precinct polling
8 places in time to be counted by the judges of election.
9 Such counting shall commence no later than 8:00 p.m. and
10 shall be conducted by a panel or panels of election judges
11 appointed in the manner provided by law. Such counting shall
12 continue until all absent voters' ballots received as
13 aforesaid have been counted.
14 The procedures set forth in Section 19-9 of this Act and
15 Articles 17 and 18 of this Code, shall apply to all absent
16 voters' ballots counted under this provision, including
17 comparing the signature on the ballot envelope with the
18 signature of the voter on the permanent voter registration
19 record card taken from the master file; except that votes
20 shall be recorded without regard to precinct designation,
21 except for precinct offices.
22 (Source: P.A. 86-875; revised 10-31-98.)
23 (10 ILCS 5/24-1.1) (from Ch. 46, par. 24-1.1)
24 Sec. 24-1.1. The county board of each county having a
25 population of 35,000 or more, with respect to all elections
26 for which the county board or the county clerk is charged
27 with the duty of providing materials and supplies, and each
28 board of election commissioners in a municipality having a
29 population of 35,000 or more with respect to elections under
30 its jurisdiction, must provide either voting machines in
31 accordance with this Article or electronic voting systems in
32 accordance with Article 24A for each precinct for all such
33 elections except as provided in Section 24-1.2 except in
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1 elections held pursuant to the provisions of Section 12 of
2 Article VI of the Constitution relating to retention of
3 judges in office, in which event, the special ballot
4 containing the propositions on the retention of judges may be
5 placed on the voting machines or devices. For purposes of
6 this Section 24-1.1, the term "population" does not include
7 persons prohibited from voting by Section 3-5 of this Act.
8 Before voting machines or electronic voting systems are
9 introduced, adopted or used in any precinct or territory at
10 least 2 months public notice must be given before the date of
11 the first election wherein such machines are to be used. The
12 election authority shall publish the notice at least once in
13 one or more newspapers published within its jurisdiction in
14 which the election is held. If there is no such newspaper,
15 the notice shall be published in a newspaper published in the
16 county and having a general circulation within such political
17 subdivision of this State. The notice shall be substantially
18 as follows:
19 Notice is hereby given that on ....(give date)...., at
20 ....(give place where election is held).... in the county of
21 .... an election will be held for ....(give name of office to
22 be filled).... at which voting machines will be used.
23 Dated at .... on (insert date). this .... day of ....
24 19...
25 The notice referred to herein shall be given only at the
26 first election at which such voting machines or electronic
27 voting systems are used.
28 (Source: P.A. 81-891; revised 10-20-98.)
29 (10 ILCS 5/24A-3) (from Ch. 46, par. 24A-3)
30 Sec. 24A-3. Except as otherwise provided in this Section,
31 any county board, board of county commissioners and any board
32 of election commissioners, with respect to territory within
33 its jurisdiction, may adopt, experiment with, or abandon a
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1 voting system approved for use by the State Board of
2 Elections and may use such voting system in all or some of
3 the precincts within its jurisdiction, or in combination with
4 paper ballots or voting machines. Any such county board,
5 board of county commissioners or board of election
6 commissioners may contract for the tabulation of votes at a
7 location outside its territorial jurisdiction when there is
8 no suitable tabulating equipment available within its
9 territorial jurisdiction. In no case may a county board,
10 board of county commissioners or board of election
11 commissioners contract or arrange for the purchase, lease or
12 loan of an electronic voting system or voting system
13 component without the approval of the State Board of
14 Elections as provided by Section 24A-16. However, the county
15 board and board of county commissioners of each county having
16 a population of 40,000 or more, with respect to all elections
17 for which the county board or the county clerk is charged
18 with the duty of providing materials and supplies, and each
19 board of election commissioners in a municipality having a
20 population of 40,000 or more, with respect to elections under
21 its jurisdiction, must provide either voting systems approved
22 for use by the State Board of Elections under this Article or
23 voting machines under Article 24 for each precinct for all
24 such elections except as provided in Section 24-1.2. For
25 purposes of this Section 24A-3, the term "population" does
26 not include persons prohibited from voting by Section 3-5 of
27 this Act.
28 Before any such system is introduced, adopted or used in
29 any precinct or territory at least 2 months public notice
30 must be given before the date of the first election wherein
31 such voting system is to be used. The election authority
32 shall publish the notice at least once in one or more
33 newspapers published within the county, or other
34 jurisdiction, as the case may be, in which the election is
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1 held. If there is no such newspaper, the notice shall be
2 published in a newspaper published in the county and having a
3 general circulation within such jurisdiction. The notice
4 shall be substantially as follows:
5 Notice is hereby given that on ....(give date)...., at
6 ....(give place where election is held).... in the county of
7 ...., an election will be held for ....(give name of offices
8 to be filled).... at which an electronic voting system will
9 be used.
10 Dated at .... on (insert date). this .... day of ....
11 19...
12 The notice referred to herein shall be given only at the
13 first election at which such voting machines or voting
14 systems are used.
15 (Source: P.A. 85-958; revised 10-20-98.)
16 (10 ILCS 5/24B-3)
17 Sec. 24B-3. Adoption, experimentation or abandonment of
18 Precinct Tabulation Optical Scan Technology system;
19 Boundaries of precincts; Notice. Except as otherwise
20 provided in this Section, any county board, board of county
21 commissioners and any board of election commissioners, with
22 respect to territory within its jurisdiction, may adopt,
23 experiment with, or abandon a Precinct Tabulation Optical
24 Scan Technology voting system approved for use by the State
25 Board of Elections and may use the Precinct Tabulation
26 Optical Scan Technology voting system in all or some of the
27 precincts within its jurisdiction, or in combination with
28 paper ballots or voting machines. Any county board, board of
29 county commissioners or board of election commissioners may
30 contract for the tabulation of votes at a location outside
31 its territorial jurisdiction when there is no suitable
32 tabulating equipment available within its territorial
33 jurisdiction. In no case may a county board, board of county
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1 commissioners or board of election commissioners contract or
2 arrange for the purchase, lease or loan of an electronic
3 Precinct Tabulation Optical Scan Technology voting system or
4 Precinct Tabulation Optical Scan Technology voting system
5 component without the approval of the State Board of
6 Elections as provided by Section 24B-16. However, the county
7 board and board of county commissioners of each county having
8 a population of 40,000 or more, with respect to all elections
9 for which the county board or the county clerk is charged
10 with the duty of providing materials and supplies, and each
11 board of election commissioners in a municipality having a
12 population of 40,000 or more, with respect to elections under
13 its jurisdiction, must provide either Precinct Tabulation
14 Optical Scan Technology voting systems approved for use by
15 the State Board of Elections under this Article or voting
16 systems under Article 24A or Article 24 for each precinct for
17 all such elections except as provided in Section 24-1.2. For
18 purposes of this Section 24B-3, the term "population" does
19 not include persons prohibited from voting by Section 3-5 of
20 this Code.
21 Before any such Precinct Tabulation Optical Scan
22 Technology system is introduced, adopted or used in any
23 precinct or territory at least 2 months public notice must be
24 given before the date of the first election where the
25 Precinct Tabulation Optical Scan Technology voting system is
26 to be used. The election authority shall publish the notice
27 at least once in one or more newspapers published within the
28 county, or other jurisdiction, where the election is held.
29 If there is no such newspaper, the notice shall be published
30 in a newspaper published in the county and having a general
31 circulation within such jurisdiction. The notice shall be
32 substantially as follows:
33 Notice is hereby given that on ....(give date)...., at
34 ....(give place where election is held).... in the county of
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1 ...., an election will be held for ....(give name of offices
2 to be filled).... at which a Precinct Tabulation Optical Scan
3 Technology electronic voting system will be used.
4 Dated at.... on (insert date). this .... day of ....
5 19....
6 This notice referred to shall be given only at the first
7 election at which the Precinct Tabulation Optical Scan
8 Technology voting machines or Precinct Tabulation Optical
9 Scan Technology voting systems are used.
10 (Source: P.A. 89-394, eff. 1-1-97; revised 10-20-98.)
11 Section 11. The Secretary of State Act is amended by
12 changing Section 5 as follows:
13 (15 ILCS 305/5) (from Ch. 124, par. 5)
14 Sec. 5. It shall be the duty of the Secretary of State:
15 1. To countersign and affix the seal of state to all
16 commissions required by law to be issued by the Governor.
17 2. To make a register of all appointments by the
18 Governor, specifying the person appointed, the office
19 conferred, the date of the appointment, the date when bond or
20 oath is taken and the date filed. If Senate confirmation is
21 required, the date of the confirmation shall be included in
22 the register.
23 3. To make proper indexes to public acts, resolutions,
24 papers and documents in his office.
25 3-a. To review all rules of all State agencies adopted
26 in compliance with the codification system prescribed by the
27 Secretary. The review shall be for the purposes and include
28 all the powers and duties provided in the Illinois
29 Administrative Procedure Act. The Secretary of State shall
30 cooperate with the Legislative Information System to insure
31 the accuracy of the text of the rules maintained under the
32 Legislative Information System Act.
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1 4. To give any person requiring the same paying the
2 lawful fees therefor, a copy of any law, act, resolution,
3 record or paper in his office, and attach thereto his
4 certificate, under the seal of the state.
5 5. To take charge of and preserve from waste, and keep
6 in repair, the houses, lots, grounds and appurtenances,
7 situated in the City of Springfield, and belonging to or
8 occupied by the State, the care of which is not otherwise
9 provided for by law, and to take charge of and preserve from
10 waste, and keep in repair, the houses, lots, grounds and
11 appurtenances, situated in the State outside the City of
12 Springfield where such houses, lots, grounds and
13 appurtenances are occupied by the Secretary of State and no
14 other State officer or agency.
15 6. To supervise the distribution of the laws.
16 7. To perform such other duties as may be required by
17 law. The Secretary of State may, within appropriations
18 authorized by the General Assembly, maintain offices in the
19 State Capital and in such other places in the State as he may
20 deem necessary to properly carry out the powers and duties
21 vested in him by law.
22 (Source: P.A. 88-161; revised 10-31-98.)
23 Section 12. The Illinois Identification Card Act is
24 amended by changing Section 14B as follows:
25 (15 ILCS 335/14B) (from Ch. 124, par. 34B)
26 Sec. 14B. Fraudulent identification card.
27 (a) As used in this Section:
28 1. "A fraudulent identification card" means any
29 identification card which purports to be an official
30 identification card for which a computerized number and
31 file have not been created by the Secretary of State, the
32 United States Government or any state or political
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1 subdivision thereof, or any governmental or
2 quasi-governmental organization. For the purpose of this
3 paragraph, any identification card which resembles an
4 official identification card in either size, color,
5 photograph location, or design or uses the word
6 "official", "state", "Illinois", or the name of any other
7 state or political subdivision thereof, or any
8 governmental or quasi-governmental organization
9 individually or in any combination thereof to describe or
10 modify the term "identification card" or "I.D. card"
11 anywhere on the card, or uses a shape in the likeness of
12 Illinois or any other state on the photograph side of the
13 card, is deemed to be a fraudulent identification card
14 unless the words "This is not an official Identification
15 Card", appear prominently upon it in black colored
16 lettering in 12 point type on the photograph side of the
17 card, and no such card shall be smaller in size than 3
18 inches by 4 inches, and the photograph shall be on the
19 left side of the card only.
20 2. "A license-making implement" means any implement
21 specially designed or primarily used in the manufacture,
22 assembly or authentication of any identification card
23 issued by the Secretary of State, the United States
24 Government, the State of Illinois or any other state or
25 political subdivision of the state, or any governmental
26 or quasi-governmental organization. Such implements
27 include, but are not limited to, cameras used for
28 creating identification card photographs, camera cards,
29 or identification card laminates.
30 (b) It is a violation of this Section for any person:
31 1. To knowingly possess, display, or cause to be
32 displayed any fraudulent identification card;
33 2. To knowingly possess, display or cause to be
34 displayed any fraudulent identification card for the
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1 purpose of obtaining any account, credit, credit card or
2 debit card from a bank, financial institution or retail
3 mercantile establishment;.
4 3. To knowingly possess any fraudulent
5 identification card with the intent to commit a theft,
6 deception or credit or debit card fraud in violation of
7 any law of this State or any law of any other
8 jurisdiction;
9 4. To knowingly possess any fraudulent
10 identification card with the intent to commit any other
11 violation of any law of this State or any law of any
12 other jurisdiction for which a sentence to a term of
13 imprisonment in a penitentiary for one year or more is
14 provided;
15 5. To knowingly possess any fraudulent
16 identification card while in unauthorized possession of
17 any document, instrument or device capable of defrauding
18 another;
19 6. To knowingly possess any fraudulent
20 identification card with the intent to use the
21 identification card to acquire any other identification
22 document;
23 7. To knowingly possess without authority any
24 license-making implement;
25 8. To knowingly possess any stolen identification
26 card making implement;
27 9. To knowingly duplicate, manufacture, sell or
28 transfer any fraudulent identification card;
29 10. To advertise or distribute any information or
30 materials that promote the selling, giving, or furnishing
31 of a fraudulent identification card.
32 (c) Sentence.
33 1. Any person convicted of a violation of paragraph
34 1 of subsection (b) of this Section shall be guilty of a
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1 Class 4 felony and shall be sentenced to a minimum fine
2 of $500 or 50 hours of community service, preferably at
3 an alcohol abuse prevention program, if available.
4 2. Any person convicted of a violation of any of
5 paragraphs 2 through 9 of subsection (b) of this Section
6 shall be guilty of a Class 4 felony. A person convicted
7 of a second or subsequent violation shall be guilty of a
8 Class 3 felony.
9 3. Any person who violates paragraph 10 of
10 subsection (b) of this Section is guilty of a Class A
11 misdemeanor.
12 (d) This Section does not prohibit any lawfully
13 authorized investigative, protective, law enforcement or
14 other activity of any agency of the United States, State of
15 Illinois or any other state or political subdivision thereof.
16 (e) The Secretary of State may request the Attorney
17 General to seek a restraining order in the circuit court
18 against any person who violates paragraph 10 of subsection
19 (b) of this Section by advertising fraudulent identification
20 cards.
21 (Source: P.A. 88-210; 89-283, eff. 1-1-96; revised 10-31-98.)
22 Section 13. The State Comptroller Act is amended by
23 changing Section 14 as follows:
24 (15 ILCS 405/14) (from Ch. 15, par. 214)
25 Sec. 14. Forms of documents. The Comptroller may
26 prescribe and require State agencies to use forms for all
27 documents required by law in the performance of his duties or
28 which he may reasonably require therefor. The Comptroller
29 may prescribe by rule the general nature of information to be
30 contained in contracts required to be filed with him under
31 Sections 11 and 15 of this Act. Any such rule shall be
32 adopted, amended or repealed as provided by the Illinois
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1 Administrative Procedure Act.
2 The Comptroller may, when he deems it advisable for the
3 promotion of efficiency in State government, accept magnetic
4 tape vouchers, electronically submitted vouchers, and
5 computer output microfiche vouchers. The Comptroller shall
6 process such vouchers as provided in Section 9. These
7 vouchers shall be subject to conditions and requirements
8 established by the Comptroller.
9 Computer output microfiche vouchers shall be deemed
10 original records under the Comptroller's Records Act.
11 (Source: P.A. 89-360, eff. 8-17-95; revised 10-31-98.)
12 Section 14. The Alcoholism and Other Drug Abuse and
13 Dependency Act is amended by changing Section 15-45 as
14 follows:
15 (20 ILCS 301/15-45)
16 Sec. 15-45. Notice. For the purposes of this Act, the
17 notice required under Section 10-25 10 of the Illinois
18 Administrative Procedure Act is deemed sufficient when mailed
19 to the last known address of a party.
20 (Source: P.A. 88-80; revised 10-31-98.)
21 Section 15. The Personnel Code is amended by changing
22 Sections 4c and 8c as follows:
23 (20 ILCS 415/4c) (from Ch. 127, par. 63b104c)
24 Sec. 4c. General exemptions. The following positions in
25 State service shall be exempt from jurisdictions A, B, and C,
26 unless the jurisdictions shall be extended as provided in
27 this Act:
28 (1) All officers elected by the people.
29 (2) All positions under the Lieutenant Governor,
30 Secretary of State, State Treasurer, State Comptroller,
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1 State Board of Education, Clerk of the Supreme Court, and
2 Attorney General.
3 (3) Judges, and officers and employees of the
4 courts, and notaries public.
5 (4) All officers and employees of the Illinois
6 General Assembly, all employees of legislative
7 commissions, all officers and employees of the Illinois
8 Legislative Reference Bureau, the Legislative Research
9 Unit, and the Legislative Printing Unit.
10 (5) All positions in the Illinois National Guard
11 and Illinois State Guard, paid from federal funds or
12 positions in the State Military Service filled by
13 enlistment and paid from State funds.
14 (6) All employees of the Governor at the executive
15 mansion and on his immediate personal staff.
16 (7) Directors of Departments, the Adjutant General,
17 the Assistant Adjutant General, the Director of the
18 Illinois Emergency Management Agency, members of boards
19 and commissions, and all other positions appointed by
20 the Governor by and with the consent of the Senate.
21 (8) The presidents, other principal administrative
22 officers, and teaching, research and extension faculties
23 of Chicago State University, Eastern Illinois University,
24 Governors State University, Illinois State University,
25 Northeastern Illinois University, Northern Illinois
26 University, Western Illinois University, the Illinois
27 Community College Board, Southern Illinois University,
28 Illinois Board of Higher Education, University of
29 Illinois, State Universities Civil Service System,
30 University Retirement System of Illinois, and the
31 administrative officers and scientific and technical
32 staff of the Illinois State Museum.
33 (9) All other employees except the presidents,
34 other principal administrative officers, and teaching,
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1 research and extension faculties of the universities
2 under the jurisdiction of the Board of Regents and the
3 colleges and universities under the jurisdiction of the
4 Board of Governors of State Colleges and Universities,
5 Illinois Community College Board, Southern Illinois
6 University, Illinois Board of Higher Education, Board of
7 Governors of State Colleges and Universities, the Board
8 of Regents, University of Illinois, State Universities
9 Civil Service System, University Retirement System of
10 Illinois, so long as these are subject to the provisions
11 of the State Universities Civil Service Act.
12 (10) The State Police so long as they are subject
13 to the merit provisions of the State Police Act.
14 (11) The scientific staff of the State Scientific
15 Surveys and the Waste Management and Research Center.
16 (12) The technical and engineering staffs of the
17 Department of Transportation, the Department of Nuclear
18 Safety and the Illinois Commerce Commission, and the
19 technical and engineering staff providing architectural
20 and engineering services in the Department of Central
21 Management Services.
22 (13) All employees of the Illinois State Toll
23 Highway Authority Commission.
24 (14) The Secretary of the Industrial Commission.
25 (15) All persons who are appointed or employed by
26 the Director of Insurance under authority of Section 202
27 of the Illinois Insurance Code to assist the Director of
28 Insurance in discharging his responsibilities relating to
29 the rehabilitation, liquidation, conservation, and
30 dissolution of companies that are subject to the
31 jurisdiction of the Illinois Insurance Code.
32 (16) All employees of the St. Louis Metropolitan
33 Area Airport Authority.
34 (17) All investment officers employed by the
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1 Illinois State Board of Investment.
2 (18) Employees of the Illinois Young Adult
3 Conservation Corps program, administered by the Illinois
4 Department of Natural Resources, authorized grantee under
5 Title VIII of the Comprehensive Employment and Training
6 Act of 1973, 29 USC 993.
7 (19) Seasonal employees of the Department of
8 Agriculture for the operation of the Illinois State Fair
9 and the DuQuoin State Fair, no one person receiving more
10 than 29 days of such employment in any calendar year.
11 (20) All "temporary" employees hired under the
12 Department of Natural Resources' Illinois Conservation
13 Service, a youth employment program that hires young
14 people to work in State parks for a period of one year or
15 less.
16 (21) All hearing officers of the Human Rights
17 Commission.
18 (22) All employees of the Illinois Mathematics and
19 Science Academy.
20 (23) All employees of the Kankakee River Valley
21 Area Airport Authority.
22 (Source: P.A. 89-4, eff. 1-1-96; 89-445, eff. 2-7-96; 90-490,
23 eff. 8-17-97; revised 10-31-98.)
24 (20 ILCS 415/8c) (from Ch. 127, par. 63b108c)
25 Sec. 8c. Jurisdiction C; conditions of employment. For
26 positions in the State service subject to the jurisdiction of
27 the Department of Central Management Services with respect to
28 conditions of employment:
29 (1) For establishment of a plan for resolving employee
30 grievances and complaints, excluding compulsory arbitration.
31 (2) For hours of work, holidays, and attendance
32 regulation in the various classes of positions in the State
33 service; for annual, sick and special leaves of absence, with
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1 or without pay or with reduced pay; for compensatory time off
2 for overtime or for pay for overtime, and for the rate at
3 which compensatory time off is to be allowed or for the rate
4 which is to be paid for overtime. If the services of an
5 employee in the State service are terminated by reason of his
6 retirement, disability or death, he, or his estate, as the
7 case may be, shall be paid a lump sum, for the number of days
8 for leave for personal business which the employee had
9 accumulated but not used as of the date his services were
10 terminated, in an amount equal to 1/2 of his pay per working
11 day times the number of such leave days so accumulated and
12 not used.
13 (3) For the development and operation of programs to
14 improve the work effectiveness and morale of employees in the
15 State service, including training, safety, health, welfare,
16 counseling, recreation, employee relations, a suggestion
17 system, and others.
18 Employees whose tuition and fees are paid by the State,
19 either directly or by reimbursement, shall incur a work
20 commitment to the State. Employees whose State paid training
21 has not led to a postsecondary degree shall be obligated to
22 continue in the employ of the State, but not necessarily in
23 the same agency, for a period of at least 18 months following
24 completion of the most recent course. Employees whose State
25 paid training has led to a postsecondary degree and whose
26 State payments have paid for 50% or more of the required
27 credit hours shall be obligated to continue in the employ of
28 the State, but not necessarily in the same agency, for a
29 minimum of 4 years after receiving the degree.
30 If the employee does not fulfill this work commitment by
31 voluntarily leaving State employment, the State may recover
32 payments in a civil action and may also recover interest at
33 the rate of 1% per month from the time the State makes
34 payment until the time the State recovers the payment. The
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1 amount the State may recover under this subsection (3) shall
2 be reduced by 25% of the gross amount paid by the State for
3 each year the employee is employed by the State after the
4 employee receives a postsecondary degree, and 1/18th of the
5 gross amount paid by the State for each month the employee is
6 employed by the State after the employee completes the most
7 recent course which has not led to a postsecondary degree.
8 The State shall not recover payments for course work or a
9 training program that was (a) started before the effective
10 date of this Act; (b) completed as a requirement for a
11 grammar school certificate or a high school diploma, to
12 prepare for a high school level General Educational
13 Development Test or to improve literacy or numeracy; (c)
14 specialized training in the form of a conference, seminar,
15 workshop or similar arrangement offered by public or private
16 organizations; (d) provided as part of the Upward Mobility
17 Program administered by the Department of Central Management
18 Services; or (e) a condition of continued employment.
19 Department of State Police employees who are enrolled in
20 an official training program that lasts longer than one year
21 shall incur a work commitment to the State. The work
22 commitment shall be 2 months for each month of completed
23 training. If the employee fails to fulfill this work
24 commitment by voluntarily leaving State employment, the State
25 may recover wages in a civil action and may also recover
26 interest at the rate of 1% per month from the time the State
27 makes payment until the time the State recovers the payment.
28 The amount the State may recover under this subsection (3)
29 shall be reduced by the number of months served after the
30 training is completed times the monthly salary at the time of
31 separation.
32 The Department of Central Management Services shall
33 promulgate rules governing recovery activities to be used by
34 all State agencies paying, whether directly or by
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1 reimbursement, for employee tuition and fees. Each such
2 agency shall make necessary efforts, including pursuing
3 appropriate legal action, to recover the actual
4 reimbursements and applicable interest due the State under
5 this subsection (3).
6 (4) For the establishment of a sick pay plan in
7 accordance with Section 36 of the State Finance Act.
8 (5) For the establishment of a family responsibility
9 leave plan under which an employee in the State service may
10 request and receive a leave of absence for up to one year
11 without penalty whenever such leave is requested to enable
12 the employee to meet a bona fide family responsibility of
13 such employee. The procedure for determining and documenting
14 the existence of a bona fide family responsibility shall be
15 as provided by rule, but without limiting the circumstances
16 which shall constitute a bona fide family responsibility
17 under the rules, such circumstances shall include leave
18 incident to the birth of the employee's child and the
19 responsibility thereafter to provide proper care to that
20 child or to a newborn child adopted by the employee, the
21 responsibility to provide regular care to a disabled,
22 incapacitated or bedridden resident of the employee's
23 household or member of the employee's family, and the
24 responsibility to furnish special guidance, care and
25 supervision to a resident of the employee's household or
26 member of the employee's family in need thereof under
27 circumstances temporarily inconsistent with uninterrupted
28 employment in State service. The family responsibility leave
29 plan so established shall provide that any such leave shall
30 be without pay, that the seniority of the employee on such
31 leave shall not be reduced during the period of the leave,
32 that such leave shall not under any circumstance or for any
33 purpose be deemed to cause a break in such employee's State
34 service, that during the period of such leave any coverage of
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1 the employee or the employee's dependents which existed at
2 the commencement of the leave under any group health,
3 hospital, medical and life insurance plan provided through
4 the State shall continue so long as the employee pays to the
5 State when due the full premium incident to such coverage,
6 and that upon expiration of the leave the employee shall be
7 returned to the same position and classification which such
8 employee held at the commencement of the leave. The Director
9 of Central Management Services shall prepare proposed rules
10 consistent with this paragraph within 45 days after the
11 effective date of this amendatory Act of 1983, shall promptly
12 thereafter cause a public hearing thereon to be held as
13 provided in Section 8 and shall within 120 days after the
14 effective date of this amendatory Act of 1983 cause such
15 proposed rules to be submitted to the Civil Service
16 Commission as provided in Section 8.
17 (6) For the development and operation of a plan for
18 alternative employment for any employee who is able to
19 perform alternative employment after a work related or
20 non-work related disability essentially precludes that
21 employee from performing his or her currently assigned
22 duties. Such a plan shall be voluntary for any employee and
23 nonparticipation shall not be grounds for denial of any
24 benefit to which the employee would otherwise be eligible.
25 Any plan seeking to cover positions for which there is a
26 recognized bargaining agent shall be subject to collective
27 bargaining between the parties.
28 (7) For the development and operation of an Executive
29 Development Program to provide scholarships for the receipt
30 of academic degrees or senior executive training beyond the
31 Bachelor's degree level for as many as 25 employees at any
32 given time:
33 (i) each of whom is nominated for such scholarship
34 by the head of the employee's agency and approved by the
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1 Director;
2 (ii) who are subject to Term Appointment under
3 Section 8b.18 8b18 or who would be subject to such Term
4 Appointment but for Federal funding or who are exempt
5 from Jurisdiction B under subsections (2), (3) or (6) of
6 Section 4d of this Act:
7 (iii) who meet the admission standards established
8 by the institution awarding the advanced degree or
9 conducting the training;
10 (iv) each of whom agrees, as a condition of
11 accepting such scholarship, that the State may recover
12 the scholarship by garnishment, lien or other appropriate
13 legal action if the employee fails to continue in the
14 employ of the State, but not necessarily in the same
15 agency, for a minimum of 4 years following receipt of an
16 advanced degree or training and that the State may charge
17 interest from the time of payment until the time of
18 recovery of such scholarship of no less than 1% per month
19 or 12% per annum on all funds recovered by the State.
20 The amount the State may recover under this Section will
21 be reduced by 25% of the gross amount paid by the State
22 for each year of employment following receipt of the
23 advanced degree or training.
24 The Director shall in approving eligible employees for
25 the Executive Development Program make every attempt to
26 guarantee that at least 1/3 of the employees appointed to the
27 program reflect the ratio of sex, race, and ethnicity of
28 eligible employees.
29 Such scholarships shall not exceed the amount established
30 for tuition and fees for the applicable advanced degree or
31 training at State universities in Illinois whether the
32 employee enrolls at any Illinois public or private
33 institution, and shall not include any textbooks or equipment
34 such as personal computers.
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1 The Department of Central Management Services shall make
2 necessary efforts, including appropriate legal action, to
3 recover scholarships and interest thereupon due subject to
4 recovery by the State under Subparagraph (iv) of this
5 Subsection (7).
6 (Source: P.A. 86-1004; 87-279; 87-888; revised 10-31-98.)
7 Section 16. The Children and Family Services Act is
8 amended by changing Sections 5 and 9.8 as follows:
9 (20 ILCS 505/5) (from Ch. 23, par. 5005)
10 Sec. 5. Direct child welfare services; Department of
11 Children and Family Services. To provide direct child
12 welfare services when not available through other public or
13 private child care or program facilities.
14 (a) For purposes of this Section:
15 (1) "Children" means persons found within the State
16 who are under the age of 18 years. The term also
17 includes persons under age 19 who:
18 (A) were committed to the Department pursuant
19 to the Juvenile Court Act or the Juvenile Court Act
20 of 1987, as amended, prior to the age of 18 and who
21 continue under the jurisdiction of the court; or
22 (B) were accepted for care, service and
23 training by the Department prior to the age of 18
24 and whose best interest in the discretion of the
25 Department would be served by continuing that care,
26 service and training because of severe emotional
27 disturbances, physical disability, social adjustment
28 or any combination thereof, or because of the need
29 to complete an educational or vocational training
30 program.
31 (2) "Homeless youth" means persons found within the
32 State who are under the age of 19, are not in a safe and
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1 stable living situation and cannot be reunited with their
2 families.
3 (3) "Child welfare services" means public social
4 services which are directed toward the accomplishment of
5 the following purposes:
6 (A) protecting and promoting the health,
7 safety and welfare of children, including homeless,
8 dependent or neglected children;
9 (B) remedying, or assisting in the solution of
10 problems which may result in, the neglect, abuse,
11 exploitation or delinquency of children;
12 (C) preventing the unnecessary separation of
13 children from their families by identifying family
14 problems, assisting families in resolving their
15 problems, and preventing the breakup of the family
16 where the prevention of child removal is desirable
17 and possible when the child can be cared for at home
18 without endangering the child's health and safety;
19 (D) restoring to their families children who
20 have been removed, by the provision of services to
21 the child and the families when the child can be
22 cared for at home without endangering the child's
23 health and safety;
24 (E) placing children in suitable adoptive
25 homes, in cases where restoration to the biological
26 family is not safe, possible or appropriate;
27 (F) assuring safe and adequate care of
28 children away from their homes, in cases where the
29 child cannot be returned home or cannot be placed
30 for adoption. At the time of placement, the
31 Department shall consider concurrent planning, as
32 described in subsection (l-1) of this Section so
33 that permanency may occur at the earliest
34 opportunity. Consideration should be given so that
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1 if reunification fails or is delayed, the placement
2 made is the best available placement to provide
3 permanency for the child;
4 (G) (blank);
5 (H) (blank); and
6 (I) placing and maintaining children in
7 facilities that provide separate living quarters for
8 children under the age of 18 and for children 18
9 years of age and older, unless a child 18 years of
10 age is in the last year of high school education or
11 vocational training, in an approved individual or
12 group treatment program, in a licensed shelter
13 facility, or secure child care facility. The
14 Department is not required to place or maintain
15 children:
16 (i) who are in a foster home, or
17 (ii) who are persons with a developmental
18 disability, as defined in the Mental Health and
19 Developmental Disabilities Code, or
20 (iii) who are female children who are
21 pregnant, pregnant and parenting or parenting,
22 or
23 (iv) who are siblings,
24 in facilities that provide separate living quarters
25 for children 18 years of age and older and for
26 children under 18 years of age.
27 (b) Nothing in this Section shall be construed to
28 authorize the expenditure of public funds for the purpose of
29 performing abortions.
30 (c) The Department shall establish and maintain
31 tax-supported child welfare services and extend and seek to
32 improve voluntary services throughout the State, to the end
33 that services and care shall be available on an equal basis
34 throughout the State to children requiring such services.
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1 (d) The Director may authorize advance disbursements for
2 any new program initiative to any agency contracting with the
3 Department. As a prerequisite for an advance disbursement,
4 the contractor must post a surety bond in the amount of the
5 advance disbursement and have a purchase of service contract
6 approved by the Department. The Department may pay up to 2
7 months operational expenses in advance. The amount of the
8 advance disbursement shall be prorated over the life of the
9 contract or the remaining months of the fiscal year,
10 whichever is less, and the installment amount shall then be
11 deducted from future bills. Advance disbursement
12 authorizations for new initiatives shall not be made to any
13 agency after that agency has operated during 2 consecutive
14 fiscal years. The requirements of this Section concerning
15 advance disbursements shall not apply with respect to the
16 following: payments to local public agencies for child day
17 care services as authorized by Section 5a of this Act; and
18 youth service programs receiving grant funds under Section
19 17a-4.
20 (e) (Blank).
21 (f) (Blank).
22 (g) The Department shall establish rules and regulations
23 concerning its operation of programs designed to meet the
24 goals of child safety and protection, family preservation,
25 family reunification, and adoption, including but not limited
26 to:
27 (1) adoption;
28 (2) foster care;
29 (3) family counseling;
30 (4) protective services;
31 (5) (blank);
32 (6) homemaker service;
33 (7) return of runaway children;
34 (8) (blank);
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1 (9) placement under Section 5-7 of the Juvenile
2 Court Act or Section 2-27, 3-28, 4-25 or 5-740 of the
3 Juvenile Court Act of 1987 in accordance with the federal
4 Adoption Assistance and Child Welfare Act of 1980; and
5 (10) interstate services.
6 Rules and regulations established by the Department shall
7 include provisions for training Department staff and the
8 staff of Department grantees, through contracts with other
9 agencies or resources, in alcohol and drug abuse screening
10 techniques approved by the Department of Human Services, as a
11 successor to the Department of Alcoholism and Substance
12 Abuse, for the purpose of identifying children and adults who
13 should be referred to an alcohol and drug abuse treatment
14 program for professional evaluation.
15 (h) If the Department finds that there is no appropriate
16 program or facility within or available to the Department for
17 a ward and that no licensed private facility has an adequate
18 and appropriate program or none agrees to accept the ward,
19 the Department shall create an appropriate individualized,
20 program-oriented plan for such ward. The plan may be
21 developed within the Department or through purchase of
22 services by the Department to the extent that it is within
23 its statutory authority to do.
24 (i) Service programs shall be available throughout the
25 State and shall include but not be limited to the following
26 services:
27 (1) case management;
28 (2) homemakers;
29 (3) counseling;
30 (4) parent education;
31 (5) day care; and
32 (6) emergency assistance and advocacy.
33 In addition, the following services may be made available
34 to assess and meet the needs of children and families:
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1 (1) comprehensive family-based services;
2 (2) assessments;
3 (3) respite care; and
4 (4) in-home health services.
5 The Department shall provide transportation for any of
6 the services it makes available to children or families or
7 for which it refers children or families.
8 (j) The Department may provide categories of financial
9 assistance and education assistance grants, and shall
10 establish rules and regulations concerning the assistance and
11 grants, to persons who adopt physically or mentally
12 handicapped, older and other hard-to-place children who (i)
13 immediately prior to their adoption were legal wards of the
14 Department or (ii) were determined eligible for financial
15 assistance with respect to a prior adoption and who become
16 available for adoption because the prior adoption has been
17 dissolved and the parental rights of the adoptive parents
18 have been terminated or because the child's adoptive parents
19 have died. The Department may also provide categories of
20 financial assistance and education assistance grants, and
21 shall establish rules and regulations for the assistance and
22 grants, to persons appointed guardian of the person under
23 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
24 4-25 or 5-740 of the Juvenile Court Act of 1987 for children
25 who were wards of the Department for 12 months immediately
26 prior to the appointment of the guardian.
27 The amount of assistance may vary, depending upon the
28 needs of the child and the adoptive parents, as set forth in
29 the annual assistance agreement. Special purpose grants are
30 allowed where the child requires special service but such
31 costs may not exceed the amounts which similar services would
32 cost the Department if it were to provide or secure them as
33 guardian of the child.
34 Any financial assistance provided under this subsection
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1 is inalienable by assignment, sale, execution, attachment,
2 garnishment, or any other remedy for recovery or collection
3 of a judgment or debt.
4 (j-5) The Department shall not deny or delay the
5 placement of a child for adoption if an approved family is
6 available either outside of the Department region handling
7 the case, or outside of the State of Illinois.
8 (k) The Department shall accept for care and training
9 any child who has been adjudicated neglected or abused, or
10 dependent committed to it pursuant to the Juvenile Court Act
11 or the Juvenile Court Act of 1987.
12 (l) Before July 1, 2000, the Department may provide, and
13 beginning July 1, 2000, the Department shall offer family
14 preservation services, as defined in Section 8.2 of the
15 Abused and Neglected Child Reporting Act, to help families,
16 including adoptive and extended families. Family preservation
17 services shall be offered (i) to prevent the placement of
18 children in substitute care when the children can be cared
19 for at home or in the custody of the person responsible for
20 the children's welfare, (ii) to reunite children with their
21 families, or (iii) to maintain an adoptive placement. Family
22 preservation services shall only be offered when doing so
23 will not endanger the children's health or safety. With
24 respect to children who are in substitute care pursuant to
25 the Juvenile Court Act of 1987, family preservation services
26 shall not be offered if a goal other than those of
27 subdivisions (A), (B), or (B-1) of subsection (2) of Section
28 2-28 of that Act has been set. Nothing in this paragraph
29 shall be construed to create a private right of action or
30 claim on the part of any individual or child welfare agency.
31 The Department shall notify the child and his family of
32 the Department's responsibility to offer and provide family
33 preservation services as identified in the service plan. The
34 child and his family shall be eligible for services as soon
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1 as the report is determined to be "indicated". The
2 Department may offer services to any child or family with
3 respect to whom a report of suspected child abuse or neglect
4 has been filed, prior to concluding its investigation under
5 Section 7.12 of the Abused and Neglected Child Reporting Act.
6 However, the child's or family's willingness to accept
7 services shall not be considered in the investigation. The
8 Department may also provide services to any child or family
9 who is the subject of any report of suspected child abuse or
10 neglect or may refer such child or family to services
11 available from other agencies in the community, even if the
12 report is determined to be unfounded, if the conditions in
13 the child's or family's home are reasonably likely to subject
14 the child or family to future reports of suspected child
15 abuse or neglect. Acceptance of such services shall be
16 voluntary.
17 The Department may, at its discretion except for those
18 children also adjudicated neglected or dependent, accept for
19 care and training any child who has been adjudicated
20 addicted, as a truant minor in need of supervision or as a
21 minor requiring authoritative intervention, under the
22 Juvenile Court Act or the Juvenile Court Act of 1987, but no
23 such child shall be committed to the Department by any court
24 without the approval of the Department. A minor charged with
25 a criminal offense under the Criminal Code of 1961 or
26 adjudicated delinquent shall not be placed in the custody of
27 or committed to the Department by any court, except a minor
28 less than 13 years of age committed to the Department under
29 Section 5-710 of the Juvenile Court Act of 1987.
30 (l-1) The legislature recognizes that the best interests
31 of the child require that the child be placed in the most
32 permanent living arrangement as soon as is practically
33 possible. To achieve this goal, the legislature directs the
34 Department of Children and Family Services to conduct
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1 concurrent planning so that permanency may occur at the
2 earliest opportunity. Permanent living arrangements may
3 include prevention of placement of a child outside the home
4 of the family when the child can be cared for at home without
5 endangering the child's health or safety; reunification with
6 the family, when safe and appropriate, if temporary placement
7 is necessary; or movement of the child toward the most
8 permanent living arrangement and permanent legal status.
9 When determining reasonable efforts to be made with
10 respect to a child, as described in this subsection, and in
11 making such reasonable efforts, the child's health and safety
12 shall be the paramount concern.
13 When a child is placed in foster care, the Department
14 shall ensure and document that reasonable efforts were made
15 to prevent or eliminate the need to remove the child from the
16 child's home. The Department must make reasonable efforts to
17 reunify the family when temporary placement of the child
18 occurs unless otherwise required, pursuant to the Juvenile
19 Court Act of 1987. At any time after the dispositional
20 hearing where the Department believes that further
21 reunification services would be ineffective, it may request a
22 finding from the court that reasonable efforts are no longer
23 appropriate. The Department is not required to provide
24 further reunification services after such a finding.
25 A decision to place a child in substitute care shall be
26 made with considerations of the child's health, safety, and
27 best interests. At the time of placement, consideration
28 should also be given so that if reunification fails or is
29 delayed, the placement made is the best available placement
30 to provide permanency for the child.
31 The Department shall adopt rules addressing concurrent
32 planning for reunification and permanency. The Department
33 shall consider the following factors when determining
34 appropriateness of concurrent planning:
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1 (1) the likelihood of prompt reunification;
2 (2) the past history of the family;
3 (3) the barriers to reunification being addressed
4 by the family;
5 (4) the level of cooperation of the family;
6 (5) the foster parents' willingness to work with
7 the family to reunite;
8 (6) the willingness and ability of the foster
9 family to provide an adoptive home or long-term
10 placement;
11 (7) the age of the child;
12 (8) placement of siblings.
13 (m) The Department may assume temporary custody of any
14 child if:
15 (1) it has received a written consent to such
16 temporary custody signed by the parents of the child or
17 by the parent having custody of the child if the parents
18 are not living together or by the guardian or custodian
19 of the child if the child is not in the custody of either
20 parent, or
21 (2) the child is found in the State and neither a
22 parent, guardian nor custodian of the child can be
23 located.
24 If the child is found in his or her residence without a
25 parent, guardian, custodian or responsible caretaker, the
26 Department may, instead of removing the child and assuming
27 temporary custody, place an authorized representative of the
28 Department in that residence until such time as a parent,
29 guardian or custodian enters the home and expresses a
30 willingness and apparent ability to ensure the child's health
31 and safety and resume permanent charge of the child, or until
32 a relative enters the home and is willing and able to ensure
33 the child's health and safety and assume charge of the child
34 until a parent, guardian or custodian enters the home and
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1 expresses such willingness and ability to ensure the child's
2 safety and resume permanent charge. After a caretaker has
3 remained in the home for a period not to exceed 12 hours, the
4 Department must follow those procedures outlined in Section
5 2-9, 3-11, 4-8, or 5-415 5-501 of the Juvenile Court Act of
6 1987.
7 The Department shall have the authority, responsibilities
8 and duties that a legal custodian of the child would have
9 pursuant to subsection (9) of Section 1-3 of the Juvenile
10 Court Act of 1987. Whenever a child is taken into temporary
11 custody pursuant to an investigation under the Abused and
12 Neglected Child Reporting Act, or pursuant to a referral and
13 acceptance under the Juvenile Court Act of 1987 of a minor in
14 limited custody, the Department, during the period of
15 temporary custody and before the child is brought before a
16 judicial officer as required by Section 2-9, 3-11, 4-8, or
17 5-415 5-501 of the Juvenile Court Act of 1987, shall have the
18 authority, responsibilities and duties that a legal custodian
19 of the child would have under subsection (9) of Section 1-3
20 of the Juvenile Court Act of 1987.
21 The Department shall ensure that any child taken into
22 custody is scheduled for an appointment for a medical
23 examination.
24 A parent, guardian or custodian of a child in the
25 temporary custody of the Department who would have custody of
26 the child if he were not in the temporary custody of the
27 Department may deliver to the Department a signed request
28 that the Department surrender the temporary custody of the
29 child. The Department may retain temporary custody of the
30 child for 10 days after the receipt of the request, during
31 which period the Department may cause to be filed a petition
32 pursuant to the Juvenile Court Act of 1987. If a petition is
33 so filed, the Department shall retain temporary custody of
34 the child until the court orders otherwise. If a petition is
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1 not filed within the 10 day period, the child shall be
2 surrendered to the custody of the requesting parent, guardian
3 or custodian not later than the expiration of the 10 day
4 period, at which time the authority and duties of the
5 Department with respect to the temporary custody of the child
6 shall terminate.
7 (m-1) The Department may place children under 18 years
8 of age in a secure child care facility licensed by the
9 Department that cares for children who are in need of secure
10 living arrangements for their health, safety, and well-being
11 after a determination is made by the facility director and
12 the Director or the Director's designate prior to admission
13 to the facility subject to Section 2-27.1 of the Juvenile
14 Court Act of 1987. This subsection (m-1) does not apply to a
15 child who is subject to placement in a correctional facility
16 operated pursuant to Section 3-15-2 of the Unified Code of
17 Corrections.
18 (n) The Department may place children under 18 years of
19 age in licensed child care facilities when in the opinion of
20 the Department, appropriate services aimed at family
21 preservation have been unsuccessful and cannot ensure the
22 child's health and safety or are unavailable and such
23 placement would be for their best interest. Payment for
24 board, clothing, care, training and supervision of any child
25 placed in a licensed child care facility may be made by the
26 Department, by the parents or guardians of the estates of
27 those children, or by both the Department and the parents or
28 guardians, except that no payments shall be made by the
29 Department for any child placed in a licensed child care
30 facility for board, clothing, care, training and supervision
31 of such a child that exceed the average per capita cost of
32 maintaining and of caring for a child in institutions for
33 dependent or neglected children operated by the Department.
34 However, such restriction on payments does not apply in cases
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1 where children require specialized care and treatment for
2 problems of severe emotional disturbance, physical
3 disability, social adjustment, or any combination thereof and
4 suitable facilities for the placement of such children are
5 not available at payment rates within the limitations set
6 forth in this Section. All reimbursements for services
7 delivered shall be absolutely inalienable by assignment,
8 sale, attachment, garnishment or otherwise.
9 (o) The Department shall establish an administrative
10 review and appeal process for children and families who
11 request or receive child welfare services from the
12 Department. Children who are wards of the Department and are
13 placed by private child welfare agencies, and foster families
14 with whom those children are placed, shall be afforded the
15 same procedural and appeal rights as children and families in
16 the case of placement by the Department, including the right
17 to an initial review of a private agency decision by that
18 agency. The Department shall insure that any private child
19 welfare agency, which accepts wards of the Department for
20 placement, affords those rights to children and foster
21 families. The Department shall accept for administrative
22 review and an appeal hearing a complaint made by (i) a child
23 or foster family concerning a decision following an initial
24 review by a private child welfare agency or (ii) a
25 prospective adoptive parent who alleges a violation of
26 subsection (j-5) of this Section. An appeal of a decision
27 concerning a change in the placement of a child shall be
28 conducted in an expedited manner.
29 (p) There is hereby created the Department of Children
30 and Family Services Emergency Assistance Fund from which the
31 Department may provide special financial assistance to
32 families which are in economic crisis when such assistance is
33 not available through other public or private sources and the
34 assistance is deemed necessary to prevent dissolution of the
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1 family unit or to reunite families which have been separated
2 due to child abuse and neglect. The Department shall
3 establish administrative rules specifying the criteria for
4 determining eligibility for and the amount and nature of
5 assistance to be provided. The Department may also enter
6 into written agreements with private and public social
7 service agencies to provide emergency financial services to
8 families referred by the Department. Special financial
9 assistance payments shall be available to a family no more
10 than once during each fiscal year and the total payments to a
11 family may not exceed $500 during a fiscal year.
12 (q) The Department may receive and use, in their
13 entirety, for the benefit of children any gift, donation or
14 bequest of money or other property which is received on
15 behalf of such children, or any financial benefits to which
16 such children are or may become entitled while under the
17 jurisdiction or care of the Department.
18 The Department shall set up and administer no-cost,
19 interest-bearing savings accounts in appropriate financial
20 institutions ("individual accounts") for children for whom
21 the Department is legally responsible and who have been
22 determined eligible for Veterans' Benefits, Social Security
23 benefits, assistance allotments from the armed forces, court
24 ordered payments, parental voluntary payments, Supplemental
25 Security Income, Railroad Retirement payments, Black Lung
26 benefits, or other miscellaneous payments. Interest earned
27 by each individual account shall be credited to the account,
28 unless disbursed in accordance with this subsection.
29 In disbursing funds from children's individual accounts,
30 the Department shall:
31 (1) Establish standards in accordance with State
32 and federal laws for disbursing money from children's
33 individual accounts. In all circumstances, the
34 Department's "Guardianship Administrator" or his or her
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1 designee must approve disbursements from children's
2 individual accounts. The Department shall be responsible
3 for keeping complete records of all disbursements for
4 each individual account for any purpose.
5 (2) Calculate on a monthly basis the amounts paid
6 from State funds for the child's board and care, medical
7 care not covered under Medicaid, and social services; and
8 utilize funds from the child's individual account, as
9 covered by regulation, to reimburse those costs.
10 Monthly, disbursements from all children's individual
11 accounts, up to 1/12 of $13,000,000, shall be deposited
12 by the Department into the General Revenue Fund and the
13 balance over 1/12 of $13,000,000 into the DCFS Children's
14 Services Fund.
15 (3) Maintain any balance remaining after
16 reimbursing for the child's costs of care, as specified
17 in item (2). The balance shall accumulate in accordance
18 with relevant State and federal laws and shall be
19 disbursed to the child or his or her guardian, or to the
20 issuing agency.
21 (r) The Department shall promulgate regulations
22 encouraging all adoption agencies to voluntarily forward to
23 the Department or its agent names and addresses of all
24 persons who have applied for and have been approved for
25 adoption of a hard-to-place or handicapped child and the
26 names of such children who have not been placed for adoption.
27 A list of such names and addresses shall be maintained by the
28 Department or its agent, and coded lists which maintain the
29 confidentiality of the person seeking to adopt the child and
30 of the child shall be made available, without charge, to
31 every adoption agency in the State to assist the agencies in
32 placing such children for adoption. The Department may
33 delegate to an agent its duty to maintain and make available
34 such lists. The Department shall ensure that such agent
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1 maintains the confidentiality of the person seeking to adopt
2 the child and of the child.
3 (s) The Department of Children and Family Services may
4 establish and implement a program to reimburse Department and
5 private child welfare agency foster parents licensed by the
6 Department of Children and Family Services for damages
7 sustained by the foster parents as a result of the malicious
8 or negligent acts of foster children, as well as providing
9 third party coverage for such foster parents with regard to
10 actions of foster children to other individuals. Such
11 coverage will be secondary to the foster parent liability
12 insurance policy, if applicable. The program shall be funded
13 through appropriations from the General Revenue Fund,
14 specifically designated for such purposes.
15 (t) The Department shall perform home studies and
16 investigations and shall exercise supervision over visitation
17 as ordered by a court pursuant to the Illinois Marriage and
18 Dissolution of Marriage Act or the Adoption Act only if:
19 (1) an order entered by an Illinois court
20 specifically directs the Department to perform such
21 services; and
22 (2) the court has ordered one or both of the
23 parties to the proceeding to reimburse the Department for
24 its reasonable costs for providing such services in
25 accordance with Department rules, or has determined that
26 neither party is financially able to pay.
27 The Department shall provide written notification to the
28 court of the specific arrangements for supervised visitation
29 and projected monthly costs within 60 days of the court
30 order. The Department shall send to the court information
31 related to the costs incurred except in cases where the court
32 has determined the parties are financially unable to pay. The
33 court may order additional periodic reports as appropriate.
34 (u) Whenever the Department places a child in a licensed
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1 foster home, group home, child care institution, or in a
2 relative home, the Department shall provide to the caretaker:
3 (1) available detailed information concerning the
4 child's educational and health history, copies of
5 immunization records (including insurance and medical
6 card information), a history of the child's previous
7 placements, if any, and reasons for placement changes
8 excluding any information that identifies or reveals the
9 location of any previous caretaker;
10 (2) a copy of the child's portion of the client
11 service plan, including any visitation arrangement, and
12 all amendments or revisions to it as related to the
13 child; and
14 (3) information containing details of the child's
15 individualized educational plan when the child is
16 receiving special education services.
17 The caretaker shall be informed of any known social or
18 behavioral information (including, but not limited to,
19 criminal background, fire setting, perpetuation of sexual
20 abuse, destructive behavior, and substance abuse) necessary
21 to care for and safeguard the child.
22 (u-5) Effective July 1, 1995, only foster care
23 placements licensed as foster family homes pursuant to the
24 Child Care Act of 1969 shall be eligible to receive foster
25 care payments from the Department. Relative caregivers who,
26 as of July 1, 1995, were approved pursuant to approved
27 relative placement rules previously promulgated by the
28 Department at 89 Ill. Adm. Code 335 and had submitted an
29 application for licensure as a foster family home may
30 continue to receive foster care payments only until the
31 Department determines that they may be licensed as a foster
32 family home or that their application for licensure is denied
33 or until September 30, 1995, whichever occurs first.
34 (v) The Department shall access criminal history record
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1 information as defined in the Illinois Uniform Conviction
2 Information Act and information maintained in the
3 adjudicatory and dispositional record system as defined in
4 subdivision (A)19 of Section 55a of the Civil Administrative
5 Code of Illinois if the Department determines the information
6 is necessary to perform its duties under the Abused and
7 Neglected Child Reporting Act, the Child Care Act of 1969,
8 and the Children and Family Services Act. The Department
9 shall provide for interactive computerized communication and
10 processing equipment that permits direct on-line
11 communication with the Department of State Police's central
12 criminal history data repository. The Department shall
13 comply with all certification requirements and provide
14 certified operators who have been trained by personnel from
15 the Department of State Police. In addition, one Office of
16 the Inspector General investigator shall have training in the
17 use of the criminal history information access system and
18 have access to the terminal. The Department of Children and
19 Family Services and its employees shall abide by rules and
20 regulations established by the Department of State Police
21 relating to the access and dissemination of this information.
22 (w) Within 120 days of August 20, 1995 (the effective
23 date of Public Act 89-392), the Department shall prepare and
24 submit to the Governor and the General Assembly, a written
25 plan for the development of in-state licensed secure child
26 care facilities that care for children who are in need of
27 secure living arrangements for their health, safety, and
28 well-being. For purposes of this subsection, secure care
29 facility shall mean a facility that is designed and operated
30 to ensure that all entrances and exits from the facility, a
31 building or a distinct part of the building, are under the
32 exclusive control of the staff of the facility, whether or
33 not the child has the freedom of movement within the
34 perimeter of the facility, building, or distinct part of the
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1 building. The plan shall include descriptions of the types
2 of facilities that are needed in Illinois; the cost of
3 developing these secure care facilities; the estimated number
4 of placements; the potential cost savings resulting from the
5 movement of children currently out-of-state who are projected
6 to be returned to Illinois; the necessary geographic
7 distribution of these facilities in Illinois; and a proposed
8 timetable for development of such facilities.
9 (Source: P.A. 89-21, eff. 6-6-95; 89-392, eff. 8-20-95;
10 89-507, eff. 7-1-97; 89-626, eff. 8-9-96; 90-11, eff. 1-1-98;
11 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-362, eff. 1-1-98;
12 90-590, eff. 1-1-99; 90-608, eff. 6-30-98; 90-655, eff.
13 7-30-98; revised 12-23-98.)
14 (20 ILCS 505/9.8) (from Ch. 23, par. 5009.8)
15 Sec. 9.8. Court Enforcement. The Department shall refer
16 to the State's Attorney, Attorney General, or to the proper
17 legal representative of the unit of government or private
18 agency, for judicial enforcement as herein provided,
19 instances of failure to make parental payments as required by
20 law. Action shall be brought in the circuit court to obtain
21 parental payments and the recovery of such payments may be
22 taken separately or they may be consolidated with actions to
23 obtain other child support. Such actions may be brought in
24 the name of the child receiving care and training, or may be
25 brought in the name of the Department or the unit of local
26 government, as the case requires, in behalf of such persons.
27 The court may enter orders for the payment of monies for
28 the care and training of the children as may be just and
29 equitable and may direct payment thereof for such period or
30 periods of time as the circumstances require. The order may
31 be entered against the parents or guardians and shall be
32 based upon the standard determined under Section 9.1 or an
33 amount determined by the court to reflect the ability to
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1 contribute to the care and training of their children
2 provided by the Department.
3 When an order is entered for the parental payment for
4 care and training of the child, and the parent or guardian
5 willfully refuses to comply with its enforcement, the parent
6 or guardian may be declared in contempt of court and punished
7 therefor therefore.
8 (Source: P.A. 83-1037; revised 10-31-98.)
9 Section 17. The Civil Administrative Code of Illinois is
10 amended by changing Sections 46.6a, 46.19e, and 46.32a as
11 follows:
12 (20 ILCS 605/46.6a) (from Ch. 127, par. 46.6a)
13 Sec. 46.6a. (1) To establish a grant program for local
14 tourism and convention bureaus. The Department will develop
15 and implement a program for the use of funds, as authorized
16 under this Act, by local tourism and convention bureaus. For
17 the purposes of this Act, bureaus eligible to receive funds
18 are defined as those bureaus in legal existence as of January
19 1, 1985, which are either a unit of local government or
20 incorporated as a not-for-profit organization, are affiliated
21 with one or more municipality or county, and employ one full
22 time staff person whose purpose is to promote tourism. Each
23 bureau receiving funds under this Act will be certified by
24 the Department as the designated recipient to serve an area
25 of the State. These funds may not be used in support of the
26 Chicago World's Worlds Fair.
27 (2) To distribute grants to local tourism and convention
28 bureaus from appropriations made from the Local Tourism Fund
29 for that purpose. Of the amounts appropriated annually to the
30 Department for expenditure under this Section, 1/3 of such
31 monies shall be used for grants to convention and tourism
32 bureaus in cities with a population greater than 500,000. The
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1 remaining 2/3 of the annual appropriation shall be used for
2 grants to such bureaus in the remainder of the State, in
3 accordance with a formula based upon the population served.
4 The Department may reserve up to 10% of the total
5 appropriated to conduct audits of grants, to provide
6 incentive funds to those bureaus which will conduct
7 promotional activities designed to further the Department's
8 statewide advertising campaign, to fund special statewide
9 promotional activities, and to fund promotional activities
10 which support an increased use of the State's parks or
11 historic sites.
12 (Source: P.A. 90-26, eff. 7-1-97; revised 10-31-98.)
13 (20 ILCS 605/46.19e) (from Ch. 127, par. 46.19e)
14 Sec. 46.19e. The Department shall have the following
15 duties and responsibilities in regard to this Act:
16 (a) to establish or cosponsor mentoring conferences,
17 utilizing experienced manufacturing exporters, to explain and
18 provide information to prospective export manufacturers and
19 businesses concerning the process of exporting to both
20 domestic and international opportunities;
21 (b) to provide technical assistance to prospective
22 export manufacturers and businesses seeking to establish
23 domestic and international export opportunities;
24 (c) to coordinate with the Department's Small Business
25 Development Centers to link buyers with prospective export
26 manufacturers and businesses;
27 (d) to promote, both domestically and abroad, products
28 made in Illinois and advise consumers and buyers of their
29 high quality standards and craftsmanship;
30 (e) to provide technical assistance toward establishment
31 of export trade corporations in the private sector;
32 (f) to develop an electronic data base to compile
33 information on international trade and investment activities
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1 in Illinois companies, provide access to research and
2 business opportunities through external data bases, and
3 connect this data base through international communication
4 systems with appropriate domestic and worldwide networks
5 users;
6 (g) to collect and distribute to foreign commercial
7 libraries directories, catalogs, brochures, and other
8 information of value to foreign businesses considering doing
9 business in this State;
10 (h) to establish an export finance awareness program to
11 provide information to banking organizations about methods
12 used by banks to provide financing for businesses engaged in
13 exporting and about other State and federal programs to
14 promote and expedite export financing; and
15 (i) to undertake a survey of Illinois' businesses to
16 identify exportable products and the businesses interested in
17 exporting.
18 (Source: P.A. 85-975; revised 10-31-98.)
19 (20 ILCS 605/46.32a) (from Ch. 127, par. 46.32a)
20 Sec. 46.32a. (a) The Department shall promote
21 labor-management relations and provide assistance in the
22 development of local labor-management committees.
23 In the Department there shall be a Labor-Management
24 Cooperation Committee composed of 12 public members appointed
25 by the Governor with the advice and consent of the Senate.
26 Six members shall represent executive level management of
27 businesses that employ labor union members and 6 members
28 shall represent major labor union leadership. The Governor
29 shall designate 1 business representative and 1 labor
30 representative as cochairmen. Appointed members shall not be
31 represented at a meeting by another person. There shall be 6
32 ex officio nonvoting members: the Director of the Department,
33 who shall serve as Secretary, the Director of the Department
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1 of Labor, the President of the Senate, the Minority Leader of
2 the Senate, the Speaker of the House of Representatives and
3 the Minority Leader of the House of Representatives. Each ex
4 officio member shall serve during the term of his or her
5 office. Ex officio members may be represented by duly
6 authorized substitutes.
7 In making the initial public member appointments to the
8 Committee, 3 of the business representatives and 3 of the
9 labor union representatives shall be appointed for terms
10 expiring July 1, 1987. The remaining public members shall be
11 appointed for terms expiring July 1, 1988. Thereafter, public
12 members of the Committee shall be appointed for terms of 2
13 years expiring on July 1, or until their successors are
14 appointed and qualified. The Governor may at any time, with
15 the advice and consent of the Senate, make appointments to
16 fill vacancies for the balance of an unexpired term. Public
17 members shall serve without compensation, but shall be
18 reimbursed by the Department for necessary expenses incurred
19 in the performance of their duties. The Department shall
20 provide staff assistance to the Committee.
21 The Committee shall have the following duties:
22 (1) to improve communications between labor and
23 management on significant economic problems facing the
24 State;
25 (2) to encourage and support the development of
26 local labor-management committees at the plant, industry
27 and area levels across the State;
28 (3) to assess the progress of area labor-management
29 committees that have been formed across the State and
30 provide input to the Director of the Department
31 concerning matching grants to area labor-management
32 committees or other grant programs established in this
33 Act;
34 (4) to convene a Statewide conference on
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1 labor-management concerns at least once every 2 years;
2 (5) to issue a report on labor-management concerns
3 to the Governor and the General Assembly every 2 years
4 commencing in March of 1987. This report shall outline
5 the accomplishments of the Committee and specific
6 recommendations for improving Statewide labor-management
7 relations.
8 (b) The Director, with the advice of the
9 Labor-Management Cooperation Committee, shall have the
10 authority to provide matching grants, grants and other
11 resources to establish or assist area labor-management
12 committees and other projects which serve to enhance
13 labor-management relations. The Department shall have the
14 authority, with the advice of the Labor-Management
15 Cooperation Committee, to award grants or matching grants in
16 four areas:
17 (1) At least 60 percent of the annual appropriation
18 to the Department, for providing labor-management grants
19 and resources shall be awarded as matching grants to
20 existing local labor-management committees. To be
21 eligible for matching grants pursuant to this subsection,
22 local labor-management committees shall:
23 (i) Be a formal, not-for-profit organization
24 structured for continuing service with voluntary
25 membership;
26 (ii) Be composed of labor and management
27 representatives;
28 (iii) Service a distinct and identifiable
29 geographic region;
30 (iv) Be staffed by a professional chief
31 executive officer;
32 (v) Have been established with the Department
33 for at least two years;
34 (vi) Operate in compliance with rules set
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1 forth by the Department with the advice of the
2 Labor-Management Cooperation Committee; and
3 (vii) Ensure that its efforts and activities
4 are coordinated with relevant agencies, including
5 but not limited to the following:
6 Department of Commerce and Community Affairs
7 Illinois Department of Labor
8 Economic development agencies
9 Corridor councils
10 Planning agencies
11 Colleges, universities and community colleges
12 U.S. Department of Labor
13 Statewide Job Training Partnership Act entities
14 .
15 Further, the purpose of the local labor-management
16 committees will include, but not be limited to:
17 (i) Enhancing the positive labor-management
18 relationship within the state, region, community
19 and/or work place;
20 (ii) Assisting in the retention, expansion and
21 attraction of businesses and jobs within the State
22 through special training programs, gathering and
23 dissemination of information and providing
24 assistance in local economic development efforts as
25 appropriate;
26 (iii) Creating and maintaining a regular
27 nonadversarial forum for ongoing dialogue between
28 labor and management representatives to discuss and
29 resolve issues of mutual concern outside the realm
30 of the traditional collective bargaining process;
31 (iv) Acting as an intermediary for initiating
32 local programs between unions and employers which
33 would generally improve economic conditions in a
34 region;
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1 (v) Encouraging, assisting and facilitating
2 the development of work-site and industry
3 labor-management committees in the region.
4 Any local labor-management committee meeting these
5 criteria may apply to the Department for annual matching
6 grants, provided providing that the local committee
7 contributes at least 25 percent in matching funds, of
8 which no more than 50 percent shall be "in-kind"
9 services. Funds received by a local committee pursuant
10 to this subsection shall be used for the ordinary
11 operating expenses of the local committee.
12 (2) Up to 20 percent of the annual appropriation to
13 the Department for providing labor-management grants and
14 resources may be awarded as matching grants to local
15 labor-management committees which do not meet all of the
16 eligibility criteria set forth in subsection (1).
17 However, to be eligible to apply for a grant under this
18 subsection, the local labor-management committee, at a
19 minimum, shall:
20 (i) Be composed of labor and management
21 representatives;
22 (ii) Service a distinct and identifiable
23 geographic region;
24 (iii) Operate in compliance with the rules set
25 forth by the Department with the advice of the
26 Labor-Management Cooperation Committee;
27 (iv) Ensure that its efforts and activities
28 are directed toward enhancing the labor-management
29 relationship within the State, region, community
30 and/or work place.
31 Any local labor-management committee meeting
32 these criteria may apply to the Department for an annual
33 matching grant, provided providing that the local
34 committee contributes at least 25 percent in matching
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1 funds of which no more than 50 percent shall be "in-kind"
2 services. Funds received by a local committee pursuant
3 to paragraph (2) of subsection (b) of this Section shall
4 be used for the ordinary and operating expenses of the
5 local committee. Eligible committees shall be limited to
6 three years of funding under this subsection. With
7 respect to those committees participating in this program
8 prior to enactment of this amendatory Act of 1988 which
9 fail to qualify under paragraph (1) of subsection (b) of
10 this Section, previous years' funding shall be counted in
11 determining whether those committees have reached their
12 funding limit under this paragraph (2).
13 (3) Up to 10 percent of the annual appropriation to
14 the Department for providing labor-management grants and
15 resources may be awarded as grants to develop and conduct
16 specialized education and training programs of direct
17 benefit to representatives of labor, management,
18 labor-management committees and/or their staff. The type
19 of education and training programs to be developed and
20 offered will be determined and prioritized annually by
21 the Department, with the advice of the Labor-Management
22 Cooperation Committee. The Department will develop and
23 issue an annual request for proposals proposal detailing
24 the program specifications.
25 (4) Up to 10 percent of the annual appropriation to
26 the Department for providing labor-management grants and
27 resources may be awarded as grants for research and
28 development projects related to labor-management issues.
29 The Department, with the advice of the Labor-Management
30 Cooperation Committee, will develop and prioritize
31 annually the type and scope of the research and
32 development projects deemed necessary.
33 The Department is authorized to establish
34 applications, application procedures and promulgate any
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1 rules deemed necessary in the administration of such
2 grants.
3 (c) To administer the grant programs created by this
4 Act, the Department shall establish an Office of
5 Labor-Management Cooperation. The purpose of this office
6 shall include, but not be limited to:
7 (1) To administer the grant programs, including
8 developing grant applications and requests for proposals
9 proposal, program monitoring and evaluation.
10 (2) To serve as State liaison with other state,
11 regional and national organizations devoted to promoting
12 labor-management cooperation; disseminating pertinent
13 information secured through these state, regional and
14 national affiliations to local labor-management
15 committees, the Labor-Management Cooperation Committee
16 and other interested parties throughout the State.
17 (3) To provide technical assistance to area,
18 industry or work-site labor-management committees as
19 requested.
20 (4) To serve as a clearinghouse for information
21 related to labor-management cooperation.
22 (5) To serve as a catalyst to developing and
23 strengthening a partnership among local, state, regional
24 and national organizations and agencies devoted to
25 enhancing labor-management cooperation.
26 (6) To provide any other programs or services which
27 enhance labor-management cooperation within the State of
28 Illinois as determined by the Director with the advice of
29 the Labor-Management Cooperation Committee.
30 (Source: P.A. 88-456; revised 10-31-98.)
31 Section 18. The Economic Development Area Tax Increment
32 Allocation Act is amended by changing Section 9 as follows:
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1 (20 ILCS 620/9) (from Ch. 67 1/2, par. 1009)
2 Sec. 9. Powers of municipalities., In addition to powers
3 which it may now have, any municipality has the power under
4 this Act:
5 (a) To make and enter into all contracts necessary or
6 incidental to the implementation and furtherance of an
7 economic development plan.
8 (b) Within an economic development project area, to
9 acquire by purchase, donation, lease or eminent domain, and
10 to own, convey, lease, mortgage or dispose of land and other
11 real or personal property or rights or interests therein; and
12 to grant or acquire licenses, easements and options with
13 respect thereto, all in the manner and at such price the
14 municipality determines is reasonably necessary to achieve
15 the objectives of the economic development project. No
16 conveyance, lease, mortgage, disposition of land or other
17 property acquired by the municipality, or agreement relating
18 to the development of property, shall be made or executed
19 except pursuant to prior official action of the municipality.
20 No conveyance, lease, mortgage or other disposition of land,
21 and no agreement relating to the development of property,
22 shall be made without making public disclosure of the terms
23 and disposition of all bids and proposals submitted to the
24 municipality in connection therewith.
25 (c) To clear any area within an economic development
26 project area by demolition or removal of any existing
27 buildings, structures, fixtures, utilities or improvements,
28 and to clear and grade land.
29 (d) To install, repair, construct, reconstruct or
30 relocate public streets, public utilities, and other public
31 site improvements within or without an economic development
32 project area which are essential to the preparation of an
33 economic development project area for use in accordance with
34 an economic development plan.
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1 (e) To renovate, rehabilitate, reconstruct, relocate,
2 repair or remodel any existing buildings, improvements, and
3 fixtures within an economic development project area.
4 (f) To construct public improvements, including but not
5 limited to, buildings, structures, works, utilities or
6 fixtures within any economic development project area.
7 (g) To issue obligations as in this Act provided.
8 (h) To fix, charge and collect fees, rents and charges
9 for the use of any building, facility or property or any
10 portion thereof owned or leased by the municipality within an
11 economic development project area.
12 (i) To accept grants, guarantees, donations of property
13 or labor, or any other thing of value for use in connection
14 with an economic development project.
15 (j) To pay or cause to be paid economic development
16 project costs. Any payments to be made by the municipality to
17 developers or other nongovernmental persons for economic
18 development project costs incurred by such developer or other
19 nongovernmental person shall be made only pursuant to the
20 prior official action of the municipality evidencing an
21 intent to pay or cause to be paid such economic development
22 project costs. A municipality is not required to obtain any
23 right, title or interest in any real or personal property in
24 order to pay economic development project costs associated
25 with such property. The municipality shall adopt such
26 accounting procedures as may be necessary to determine that
27 such economic development project costs are properly paid.
28 (k) To exercise any and all other powers necessary to
29 effectuate the purposes of this Act.
30 (l) To create a commission of not less than 5 or more
31 than 15 persons to be appointed by the mayor or president of
32 the municipality with the consent of the majority of the
33 corporate authorities of the municipality. Members of a
34 commission shall be appointed for initial terms of 1, 2, 3,
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1 4, and 5 years, respectively, in such numbers as to provide
2 that the terms of not more than 1/3 of all such members shall
3 expire in any one year. Their successors shall be appointed
4 for a term of 5 years. The commission, subject to approval of
5 the corporate authorities, may exercise the powers enumerated
6 in this Section. The commission shall also have the power to
7 hold the public hearings required by this Act and make
8 recommendations to the corporate authorities concerning the
9 approval of economic development plans, the establishment of
10 economic development project areas, and the adoption of tax
11 increment allocation financing for economic development
12 project areas.
13 (Source: P.A. 86-38; revised 10-31-98.)
14 Section 19. The Illinois Enterprise Zone Act is amended
15 by changing Section 8 as follows:
16 (20 ILCS 655/8) (from Ch. 67 1/2, par. 612)
17 Sec. 8. Zone Administration. The administration of an
18 Enterprise Zone shall be under the jurisdiction of the
19 designating municipality or county. Each designating
20 municipality or county shall, by ordinance, designate a Zone
21 Administrator for the certified zones within its
22 jurisdiction. A Zone Administrator must be an officer or
23 employee of the municipality or county. The Zone
24 Administrator shall be the liaison between the designating
25 municipality or county, the Department, and any designated
26 zone organizations within zones under his jurisdiction.
27 A designating municipality or county may designate one or
28 more organizations qualified under paragraph (d) of Section 3
29 to be designated zone organizations for purposes of this Act.
30 The municipality or county, may, by ordinance, delegate
31 functions within an Enterprise Zone to one or more designated
32 zone organizations in such zones.
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1 Subject to the necessary governmental authorizations,
2 designated zone organizations may provide the following
3 services or perform the following functions in coordination
4 with the municipality or county:
5 (a) Provide or contract for provision of public services
6 including, but not limited to:
7 (1) establishment of crime watch patrols within
8 zone neighborhoods;
9 (2) establishment of volunteer day care centers;
10 (3) organization of recreational activities for
11 zone area youth;
12 (4) garbage collection;
13 (5) street maintenance and improvements;
14 (6) bridge maintenance and improvements;
15 (7) maintenance and improvement of water and sewer
16 lines;
17 (8) energy conservation projects;
18 (9) health and clinic services;
19 (10) drug abuse programs;
20 (11) senior citizen assistance programs;
21 (12) park maintenance;
22 (13) rehabilitation, renovation, and operation and
23 maintenance of low and moderate income housing; and
24 (14) other types of public services as provided by
25 law or regulation.;
26 (b) Exercise authority for the enforcement of any code,
27 permit, or licensing procedure within an Enterprise Zone.;
28 (c) Provide a forum for business, labor and government
29 action on zone innovations.;
30 (d) Apply for regulatory relief as provided in Section 8
31 of this Act.;
32 (e) Receive title to publicly owned land.;
33 (f) Perform such other functions as the responsible
34 government entity may deem appropriate, including offerings
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1 and contracts for insurance with businesses within the Zone.;
2 ;
18 (b) To cooperate with civic groups and local, State and
19 federal departments and agencies, and agencies and
20 departments of other states in encouraging educational
21 tourism and developing programs therefor.;
22 (c) To publish tourist promotional material such as
23 brochures and booklets.;
24 (d) To promote tourism in Illinois by articles and
25 advertisements in magazines, newspapers and travel
26 publications and by establishing promotional exhibitions at
27 fairs, travel shows, and similar exhibitions.;
28 (e) To establish and maintain travel offices at major
29 points of entry to the State.;
30 (f) To recommend legislation relating to the
31 encouragement of tourism in Illinois.;
32 (g) To assist municipalities or local promotion groups in
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1 developing new tourist attractions including but not limited
2 to feasibility studies and analyses, research and
3 development, and management and marketing planning for such
4 new tourist attractions.
5 (h) To do such other acts as shall, in the judgment of
6 the Department, be necessary and proper in fostering and
7 promoting tourism in the State of Illinois.
8 (i) To implement a program of matching grants to
9 counties, municipalities or local promotion groups and loans
10 to for-profit businesses for the development or improvement
11 of tourism attractions in Illinois under the terms and
12 conditions provided in this Act.
13 (j) To expend funds from the International and
14 Promotional Fund, subject to appropriation, on any activity
15 authorized under this Act.
16 (Source: P.A. 90-26, eff. 7-1-97; revised 10-31-98.)
17 Section 21. The Technology Advancement and Development
18 Act is amended by changing Section 2003 as follows:
19 (20 ILCS 700/2003) (from Ch. 127, par. 3702-3)
20 Sec. 2003. Grant evaluation and amounts.
21 (a) The Department shall evaluate grant applications
22 based upon criteria provided under this Section. The
23 Department shall not award any Challenge Grant that is not
24 recommended for funding by the Illinois Governor's Science
25 and Technology Advisory Committee or associated private
26 sector coalition. In determining which grant applicants
27 shall be awarded a Challenge Grant, the Department shall
28 conduct an evaluation of prior compliance with loan or grant
29 agreements for any grant applicant previously funded by the
30 Department. In addition, the Department shall consider the
31 following criteria in determining grant awards: the
32 relationship of a proposed advanced technology project to the
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1 State's future economic growth; the qualifications and
2 expertise of consultants, firms or organizations undertaking
3 the effort; the potential for leveraging federal or private
4 research dollars, or both, for the initiative; the extent of
5 the capacity of the applicant or the applicant partnership or
6 consortium to finance the initiative; the potential for
7 adapting, commercializing or adopting the results of the
8 applicant's project for the economic benefit of the State;
9 and the likelihood that the project has a potential for
10 creating new jobs or retaining current jobs in the State.
11 (b) The Director of the Department shall determine the
12 level of the grant award and shall determine the share of
13 total directly attributable costs of an advanced technology
14 project which may be considered for funding under this
15 Article.
16 (c) The Department and the Department of Natural
17 Resources are hereby authorized to cooperate with and provide
18 support to the Illinois Governor's Science and Technology
19 Advisory Committee and its associated private sector
20 coalition. Such support may include the provision of office
21 space and may be technical, advisory or operational in
22 nature.
23 (Source: P.A. 89-445, eff. 2-7-96; revised 12-2-98.)
24 Section 22. The Department of Natural Resources Act is
25 amended by changing Section 1-15 as follows:
26 (20 ILCS 801/1-15)
27 Sec. 1-15. General powers and duties.
28 (a) It shall be the duty of the Department to
29 investigate practical problems, implement studies, conduct
30 research and provide assistance, information and data
31 relating to the technology and administration of the natural
32 history, entomology, zoology, and botany of this State; the
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1 geology and natural resources of this State; the water and
2 atmospheric resources of this State; and the archeological
3 and cultural history of this State.
4 (b) The Department shall obtain, store, and process
5 relevant data; recommend technological, administrative, and
6 legislative changes and developments; cooperate with other
7 federal, state, and local governmental research agencies,
8 facilities, or institutes in the selection of projects for
9 study; cooperate with the Board of Higher Education and with
10 the public and private colleges and universities in this
11 State in developing relevant interdisciplinary approaches to
12 problems; evaluate curricula at all levels of education and
13 provide assistance to instructors; and sponsor an annual
14 conference of leaders in government, industry, health, and
15 education to evaluate the state of this State's environment
16 and natural resources.
17 (c) The Director, in accordance with the Personnel Code,
18 shall employ such personnel, provide such facilities, and
19 contract for such outside services as may be necessary to
20 carry out the purposes of the Department. Maximum use shall
21 be made of existing federal and state agencies, facilities,
22 and personnel in conducting research under this Act.
23 (d) In addition to its other powers, the Department has
24 the following powers:
25 (1) To obtain, store, process, and provide data and
26 information related to the powers and duties of the
27 Department under this Act. This subdivision (d)(1) does
28 not give authority to the Department to require reports
29 from nongovernmental sources or entities.
30 (2) To cooperate with and support the Illinois
31 Governor's Science and Technology Advisory Committee and
32 the Illinois Coalition for the purpose of facilitating
33 the effective operations and activities of such entities.
34 Support may include, but need not be limited to,
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1 providing space for the operations of the Committee and
2 the Illinois Coalition.
3 (e) The Department is authorized to make grants to local
4 not-for-profit organizations for the purposes of development,
5 maintenance and study of wetland areas.
6 (f) The Department has the authority to accept, receive
7 and administer on behalf of the State any gifts, bequests,
8 donations, income from property rental and endowments. Any
9 such funds received by the Department shall be deposited into
10 the Natural Resources Fund, a special fund which is hereby
11 created in the State treasury, and used for the purposes of
12 this Act or, when appropriate, for such purposes and under
13 such restrictions, terms and conditions as are predetermined
14 by the donor or grantor of such funds or property. Any
15 accrued interest from money deposited into the Natural
16 Resources Fund shall be reinvested into the Fund and used in
17 the same manner as the principal. The Director shall maintain
18 records which account for and assure that restricted funds or
19 property are disbursed or used pursuant to the restrictions,
20 terms or conditions of the donor.
21 (Source: P.A. 89-445, eff. 2-7-96; revised 12-2-98.)
22 Section 23. The Civil Administrative Code of Illinois is
23 amended by changing Section 44a as follows:
24 (20 ILCS 1005/44a) (from Ch. 127, par. 44a)
25 Sec. 44a. The Board of Review in the Department of
26 Employment Security shall exercise all powers and be subject
27 to all duties conferred or imposed upon said Board by the
28 provisions of the Unemployment Insurance Compensation Act,
29 enacted by the Sixtieth General Assembly, and by all
30 amendments thereto or modifications thereof, in its own name,
31 and without any direction, supervision, or control by the
32 Director of Employment Security.
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1 (Source: P.A. 83-1503; revised 10-31-98.)
2 Section 24. The Illinois Coal and Energy Development
3 Bond Act is amended by changing Section 8 as follows:
4 (20 ILCS 1110/8) (from Ch. 96 1/2, par. 4108)
5 Sec. 8. Sale of bonds. The bonds shall be issued and
6 sold from time to time in such amounts as directed by the
7 Governor, upon recommendation by the Director of the Bureau
8 of the Budget. The bonds shall be serial bonds in the
9 denomination of $5,000 or some multiple thereof, shall be
10 payable within 30 years from their date, shall bear interest
11 payable annually or semiannually from their date at the rate
12 of not more than 15% per annum, or such higher maximum rate
13 as may be authorized by "An Act to authorize public
14 corporations to issue bonds, other evidences of indebtedness
15 and tax anticipation warrants subject to interest rate
16 limitations set forth therein", approved May 26, 1970, as
17 amended, shall be dated, and shall be in such form as the
18 Director of the Bureau of the Budget shall fix and determine
19 in the order authorizing the issuance and sale of the bonds,
20 which order shall be approved by the Governor prior to the
21 giving of notice of the sale of any of the bonds. These
22 bonds shall be payable as to both principal and interest at
23 such place or places, within or without the State of
24 Illinois, and may be made registrable as to either principal
25 or as to both principal and interest, as shall be fixed and
26 determined by the Director of the Bureau of the Budget in the
27 order authorizing the issuance and sale of such bonds. The
28 bonds may be callable as fixed and determined by the Director
29 of the Bureau of the Budget in the order authorizing the
30 issuance and sale of the bonds; provided, however, that the
31 State shall not pay a premium of more than 3% of the
32 principal of any bonds so called.
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1 (Source: P.A. 82-974; revised 10-31-98.)
2 Section 25. The Hazardous Waste Technology Exchange
3 Service Act is amended by changing Section 5 as follows:
4 (20 ILCS 1130/5) (from Ch. 111 1/2, par. 6805)
5 Sec. 5. Duties of Center; Industrial Advisory Committee.
6 (a) The Waste Management and Research Center shall:
7 (1) Conduct educational programs to further the
8 exchange of information to reduce the generation of
9 hazardous wastes or to treat or dispose of such wastes so
10 as to make them nonhazardous.
11 (2) Provide a technical information service for
12 industries involved in the generation, treatment, or
13 disposal of hazardous wastes.
14 (3) Disseminate information regarding advances in
15 hazardous waste management technology which could both
16 protect the environment and further industrial
17 productivity.
18 (4) Provide research in areas related to reduction
19 of the generation of hazardous wastes; treatment,
20 recycling and reuse; and other issues which the Board may
21 suggest.
22 (5) Provide other services as deemed necessary or
23 desirable by the Board.
24 (6) Submit a biennial report to the General
25 Assembly on Center activities.
26 (b) The Director of the Department shall be responsible
27 for the administration of the Center.
28 (c) The Department shall have the authority to accept,
29 receive and administer on behalf of the Center any grants,
30 gifts or other funds made available for purposes of this Act.
31 (d) The Board shall (1) provide policy guidelines and
32 goals for the Center; (2) approve the Center's budget; (3)
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1 approve any reports; and (4) otherwise direct the Center in
2 accordance with its statutory powers and duties contained in
3 Section 15-10 of the Department of Natural Resources Act 6 of
4 "An Act in relation to natural resources, research, data
5 collection and environmental studies", approved July 14,
6 1978, as amended.
7 (e) The Director shall appoint an Industrial Advisory
8 Committee which shall be composed of representatives of
9 industries which are involved in the generation, treatment or
10 disposal of hazardous waste, or representatives of
11 organizations of such industries. To the extent possible,
12 the Director shall choose members representing large and
13 small industries from all geographical areas of the State.
14 Members of the Industrial Advisory Committee shall receive no
15 compensation but may be reimbursed for reasonable expenses
16 incurred in carrying out their duties.
17 The Industrial Advisory Committee shall advise the
18 Department on programs, services and activities necessary to
19 assist large and small businesses in economically reducing,
20 through source reduction, treatment and recycling, the amount
21 and toxicity of hazardous waste to be disposed of on or in
22 the land.
23 (Source: P.A. 90-490, eff. 8-17-97; revised 2-24-98.)
24 Section 26. The Financial Institutions Code is amended
25 by changing Section 17 as follows:
26 (20 ILCS 1205/17) (from Ch. 17, par. 118)
27 Sec. 17. Neither the Director, nor any supervisor, nor
28 any examiner shall be an officer, director, owner, or
29 shareholder of, or a partner in, or have any proprietary
30 interest, direct or indirect, in any financial institution;
31 provided, however, that ownership of withdrawable capital
32 accounts or shares in credit unions shall not be deemed to be
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1 prevented hereby. If the Director or any supervisor, or
2 examiner, shall be a shareholder, or partner in or an owner
3 of or have any interest, direct or indirect, in any such
4 financial institution at the time of his appointment, he
5 shall dispose of his shares of stock or other evidences of
6 ownership or property within 120 days from the date of his
7 appointment. It is unlawful for the Director, any supervisor
8 or examiner to obtain any loan or gratuity from a financial
9 institution subject to the jurisdiction of the Department as
10 herein provided. If any other employee of the Department
11 borrows from or becomes indebted in an aggregate amount of
12 $2,500 or more to any financial institution subject to the
13 jurisdiction of the Department, he shall make a written
14 report to the Director stating the date and amount of such
15 loan or indebtedness, the security therefor, if any, and the
16 purpose or purposes for which proceeds have been or are to be
17 used.
18 (Source: Laws 1965, p. 2122; revised 10-31-98.)
19 Section 27. The Illinois Lottery Law is amended by
20 changing Sections 21 and 24 as follows:
21 (20 ILCS 1605/21) (from Ch. 120, par. 1171)
22 Sec. 21. All lottery sales agents or distributors shall
23 be liable to the Lottery for any and all tickets accepted or
24 generated by any employee or representative of that agent or
25 distributor, and such tickets shall be deemed to have been
26 purchased by the agent or distributor unless returned to the
27 Lottery within the time and in the manner prescribed by the
28 Director. All moneys received by such agents or distributors
29 from the sale of lottery tickets or shares, less the amount
30 retained as compensation for the sale of the tickets or
31 shares and the amount paid out as prizes, shall be paid over
32 to a lottery representative or deposited in a bank or savings
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1 and loan association approved by the State Treasurer, as
2 prescribed by the Director.
3 No bank or savings and loan association shall receive
4 public funds as permitted by this Section, unless it has
5 complied with the requirements established pursuant to
6 Section 6 of the Public Funds Investment Act "An Act relating
7 to certain investments of public funds by public agencies",
8 approved July 23, 1943, as now or hereafter amended.
9 Each payment or deposit shall be accompanied by a report
10 of the agent's receipts and transactions in the sale of
11 lottery tickets in such form and containing such information
12 as the Director may require. Any discrepancies in such
13 receipts and transactions may be resolved as provided by the
14 rules and regulations of the Department.
15 If any money due the Lottery by a sales agent or
16 distributor is not paid when due or demanded, it shall
17 immediately become delinquent and be billed on a subsequent
18 monthly statement. If on the closing date for any monthly
19 statement a delinquent amount previously billed of more than
20 $50 remains unpaid, interest in such amount shall be accrued
21 at the rate of 2% per month or fraction thereof from the date
22 when such delinquent amount becomes past due until such
23 delinquent amount, including interest, penalty and other
24 costs and charges that the Department may incur in collecting
25 such amounts, is paid. In case any agent or distributor fails
26 to pay any moneys due the Lottery within 30 days after a
27 second bill or statement is rendered to the agent or
28 distributor, such amount shall be deemed seriously delinquent
29 and may be referred by the Department to a collection agency
30 or credit bureau for collection. Any contract entered into
31 by the Department for the collection of seriously delinquent
32 accounts with a collection agency or credit bureau may be
33 satisfied by a commercially reasonable percentage of the
34 delinquent account recouped, which shall be negotiated by the
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1 Department in accordance with commercially accepted
2 standards. Any costs incurred by the Department or others
3 authorized to act in its behalf in collecting such
4 delinquencies may be assessed against the agent or
5 distributor and included as a part of the delinquent account.
6 In case of failure of an agent or distributor to pay a
7 seriously delinquent amount, or any portion thereof,
8 including interest, penalty and costs, the Department may
9 issue a Notice of Assessment. In determining amounts shown
10 on the Notice of Assessment, the Department shall utilize the
11 financial information available from its records. Such
12 Notice of Assessment shall be prima facie correct and shall
13 be prima facie evidence of delinquent sums due under this
14 Section at any hearing before the Board, or its Hearing
15 Officers, or at any other legal proceeding. Reproduced
16 copies of the Department's records relating to a delinquent
17 account or a Notice of Assessment offered in the name of the
18 Department, under the Certificate of the Director or any
19 officer or employee of the Department designated in writing
20 by the Director shall, without further proof, be admitted
21 into evidence in any such hearing or any legal proceeding and
22 shall be prima facie proof of the delinquency, including
23 principal and any interest, penalties and costs, as shown
24 thereon. The Attorney General may bring suit on behalf of the
25 Department to collect all such delinquent amounts, or any
26 portion thereof, including interest, penalty and costs, due
27 the Lottery.
28 Any person who accepts money that is due to the
29 Department from the sale of lottery tickets under this Act,
30 but who wilfully fails to remit such payment to the
31 Department when due or who purports to make such payment but
32 wilfully fails to do so because his check or other remittance
33 fails to clear the bank or savings and loan association
34 associations against which it is drawn, in addition to the
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1 amount due and in addition to any other penalty provided by
2 law, shall be assessed, and shall pay, a penalty equal to 5%
3 of the deficiency plus any costs or charges incurred by the
4 Department in collecting such amount.
5 The Director may make such arrangements for any
6 person(s), banks, savings and loan associations or
7 distributors, to perform such functions, activities or
8 services in connection with the operation of the lottery as
9 he deems advisable pursuant to this Act, "the State
10 Comptroller Act", approved September 7, 1972, as now or
11 hereafter amended, or the rules and regulations of the
12 Department, and such functions, activities or services shall
13 constitute lawful functions, activities and services of such
14 person(s), banks, savings and loan associations or
15 distributors.
16 All income arising out of any activity or purpose of the
17 Department shall, pursuant to the "An Act in relation to
18 State Finance Act", approved June 10, 1919, as amended, be
19 paid into the State Treasury except as otherwise provided by
20 the rules and regulations of the Department and shall be
21 covered into a special fund to be known as the State Lottery
22 Fund. Banks and savings and loan associations may be
23 compensated for services rendered based upon the activity and
24 amount of funds on deposit.
25 (Source: P.A. 88-522; revised 10-31-98.)
26 (20 ILCS 1605/24) (from Ch. 120, par. 1174)
27 Sec. 24. The State Comptroller shall conduct a preaudit
28 of all accounts and transactions of the Department under the
29 State Comptroller Act, excluding payments issued by the
30 Department for prizes of $25,000 or less.
31 The Auditor General Auditor-General or a certified public
32 accountant firm appointed by him shall conduct an annual
33 post-audit of all accounts and transactions of the Department
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1 and other special post audits as the Auditor General
2 Auditor-General, the Legislative Audit Commission, or the
3 General Assembly deems deem necessary. The annual post-audits
4 shall include payments made by lottery sales agents of prizes
5 of less than $600 authorized under Section 20, and payments
6 made by the Department of prizes up to $25,000 authorized
7 under Section 20.1. The Auditor General Auditor-General or
8 his agent conducting an audit under this Act shall have
9 access and authority to examine any and all records of the
10 Department or the Board, its distributing agents and its
11 licensees.
12 (Source: P.A. 87-1197; 88-676, eff. 12-14-94; revised
13 10-31-98.)
14 Section 28. The Mental Health and Developmental
15 Disabilities Administrative Act is amended by changing
16 Sections 4, 18.1, and 22 as follows:
17 (20 ILCS 1705/4) (from Ch. 91 1/2, par. 100-4)
18 Sec. 4. To exercise executive and administrative
19 supervision over all facilities, divisions, programs and
20 services now existing or hereafter acquired or created under
21 the jurisdiction of the Department, including, but not
22 limited to, the following:
23 The Alton Mental Health Center, at Alton
24 The Clyde L. Choate Mental Health and Developmental
25 Center, at Anna
26 The Chester Mental Health Center, at Chester
27 The Chicago-Read Mental Health Center, at Chicago
28 The Elgin Mental Health Center, at Elgin
29 The Metropolitan Children and Adolescents Center, at
30 Chicago
31 The Jacksonville Developmental Center, at Jacksonville
32 The Governor Samuel H. Shapiro Developmental Center, at
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1 Kankakee
2 The Tinley Park Mental Health Center, at Tinley Park
3 The Warren G. Murray Developmental Center, at Centralia
4 The Jack Mabley Developmental Center, at Dixon
5 The Lincoln Developmental Center, at Lincoln
6 The H. Douglas Singer Mental Health and Developmental
7 Center, at Rockford
8 The John J. Madden Mental Health Center, at Chicago
9 The George A. Zeller Mental Health Center, at Peoria
10 The Andrew McFarland Mental Health Center, at Springfield
11 The Adolf Meyer Mental Health Center, at Decatur
12 The William W. Fox Developmental Center, at Dwight
13 The Elisabeth Ludeman Developmental Center, at Park
14 Forest
15 The William A. Howe Developmental Center, at Tinley Park
16 The Ann M. Kiley Developmental Center, at Waukegan.
17 Beginning not later than July 1, 1977, the Department
18 shall cause each of the facilities under its jurisdiction
19 which provide in-patient care to comply with standards, rules
20 and regulations of the Department of Public Health prescribed
21 under Section 6.05 of the "Hospital Licensing Act", approved
22 July 1, 1953, as amended.
23 (Source: P.A. 87-447; 89-439, eff. 6-1-96; revised 10-31-98.)
24 (20 ILCS 1705/18.1) (from Ch. 91 1/2, par. 100-18.1)
25 Sec. 18.1. Community Mental Health and Developmental
26 Disabilities Services Provider Participation Fee Trust Fund.
27 (a) Deposits by State Treasurer. The State Treasurer
28 shall deposit moneys received by him as ex-officio custodian
29 of the Community Mental Health and Developmental Disabilities
30 Services Provider Participation Fee Trust Fund in banks or
31 savings and loan associations that have been approved by him
32 as State Depositaries under the Deposit of State Moneys Act
33 and with respect to such money shall be entitled to the same
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1 rights and privileges as are provided by that Act with
2 respect to moneys in the treasury of the State of Illinois.
3 Any funds paid by providers in accordance with subsection
4 (c) shall be deposited into the Community Mental Health and
5 Developmental Disabilities Services Provider Participation
6 Fee Trust Fund.
7 Any funds paid by the federal government under Title XIX
8 of the Social Security Act to the State of Illinois for
9 services delivered by mental health or developmental
10 disabilities services community providers shall be deposited
11 into the Community Mental Health and Developmental
12 Disabilities Services Provider Participation Fee Trust Fund
13 if:
14 (1) the non-federal share is derived through
15 payment of fees by providers in accordance with
16 subsection (c); or
17 (2) the non-federal share is derived from local
18 government funds certification without regard to payment
19 of a fee by a provider.
20 (b) Definitions. As used in this Section:
21 "Fee" means a provider participation fee required to be
22 submitted by each applicable provider to the State according
23 to the process described in subsection (c). This fee is
24 imposed pursuant to the authority granted by Sections 1 and 2
25 of Article IX of the Illinois Constitution of 1970.
26 "Fee year" means the fiscal year beginning July 1 and
27 ending June 30 for which the fee amount applies.
28 "Fund" means the Community Mental Health and
29 Developmental Disabilities Services Provider Participation
30 Fee Trust Fund in the State Treasury which is hereby created.
31 Interest earned by the Fund shall be credited to the Fund.
32 "Local government funds certification" means the process
33 by which a unit of local government certifies the expenditure
34 of local government funds for the purchase of a community
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1 mental health or developmental disabilities service for which
2 federal funds are available to the State on a matching basis
3 through Title XIX of the Social Security Act.
4 "Medicaid reimbursed service" means a service provided by
5 a provider under an agreement with the Department which is
6 eligible for reimbursement from the federal Medicaid program
7 and which is subject to the fee process.
8 "Provider" means a community agency which is funded by
9 the Department to provide a Medicaid-reimbursed service.
10 (c) Payment of fees due. Each year the Department shall
11 calculate a fee which must be paid by the provider.
12 (1) Calculation of projected payments. The
13 Department shall determine the amount of the total gross
14 payment projected to be made by the Department during
15 that fiscal year to the provider for covered services.
16 The projected payment shall take into consideration the
17 unit rates for services, the prior year's units of
18 service billed by the provider, and any factors which
19 will influence a change in the number of units of service
20 to be billed during the fee year.
21 (A) Differential payment schedule. If a
22 provider's projected total gross payment for the fee
23 year exceeds by more than 20% the actual total gross
24 payment for the year prior to the fee year, the
25 Department shall establish a fee payment schedule
26 for that provider which reflects the increasing
27 payments projected for the fee year. This special
28 payment schedule shall require lesser fee payments
29 during the first quarter with gradually increasing
30 fee payments according to the projected growth in
31 Medicaid receipts.
32 (B) Adjustment of inaccurate projections. If
33 a provider's projected total gross payment for the
34 fee exceeds by more than 20% the actual total gross
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1 payment for the year prior to the fee year, the
2 Department shall monitor the actual total gross
3 payments on a quarterly basis throughout the fee
4 year. If, at the end of any quarter, actual
5 payments for the fee year to date differ by more
6 than 10% from projected payments, the Department
7 shall issue a revised fee amount to the provider.
8 If the actual payments exceed those projected, the
9 provider must submit the appropriate revised fee
10 amount within 30 days of the date the Department
11 sends the notification of the revised amount. If
12 the actual amounts are less than the projected
13 amounts, the Department must return to the provider
14 the appropriate share of overpaid fees, if any,
15 within 30 days of the determination of the
16 discrepancy.
17 (2) Multiplier. The Department shall multiply the
18 projected total gross payment by an amount of not more
19 than 15% to determine the fee amount.
20 (3) Notification. The Department shall notify each
21 provider in writing of the amount of the fee and the
22 required procedure for submitting the required payment.
23 (4) Provider submission of fee. Each applicable
24 provider must submit the specified fee in equal quarterly
25 amounts due on the first business date of each calendar
26 quarter.
27 (5) (A) Any provider that fails to pay the fee when
28 due, or pays less than the full amount due, shall be
29 required to pay a penalty of 10% of the delinquency
30 or deficiency for each month, or any fraction
31 thereof, computed on the full amount of the
32 delinquency or deficiency, from the time the fee was
33 due.
34 (B) In addition, the Illinois Department may
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1 take action to notify the Office of the Comptroller
2 to collect any amount of monies owed under this
3 Section, pursuant to Section 10.05 of the State
4 Comptroller Act, or may suspend payments to, or
5 cancel or refuse to issue, extend, or reinstate a
6 Provider Contract or Agreement to, any provider
7 which has failed to pay any delinquent fee or
8 penalty.
9 (6) Local government funds certification. If local
10 government funds are used as a source of a portion or the
11 entire fee amount, the provider may certify the planned
12 spending of these local funds for the specified services
13 in lieu of actual cash payment to the Fund. This
14 certification must be accompanied by a statement from
15 each local government funder stating the intent of that
16 funder to contribute the applicable portion of the fee
17 amount. If this certification process is used, the
18 provider must also submit to the Department by October 31
19 of the year following the fee year an annual audit
20 statement from a certified public accountant firm
21 demonstrating that the local government funds were spent
22 for the intended service in the amounts required
23 according to the fee amount. If these local government
24 funds were not spent for the Medicaid service as
25 required, the provider must pay to the State the amount
26 of the fee which was not spent, plus a fine of 25% of the
27 amount of the fee not properly covered by the local
28 government funds certification process. This payment
29 must be submitted to the State Treasury by October 31 of
30 the year following the fee year.
31 (d) Use of the Fund.
32 (1) Revenue. The Fund may receive deposits from
33 the federal government in accordance with subsection (a)
34 and from provider fees in accordance with subsection (c).
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1 (2) Protection from reduction. The moneys in the
2 Fund shall be exempt from any State budget reduction
3 Acts. The Fund shall not be used to replace any funds
4 otherwise appropriated to the Medicaid program by the
5 General Assembly.
6 (3) Administration; Contingency reserve. Moneys
7 paid from the Fund shall be used first for payment of
8 administrative expenses incurred by the Department in
9 performing the activities authorized by this Section,
10 including payments of any amounts which are reimbursable
11 to the federal government for payments from this Fund
12 which are required to be paid by State warrant.
13 Disbursements from this Fund shall be by warrants drawn
14 by the State Comptroller upon receipt of vouchers duly
15 executed and certified by the Department. The Department
16 may also establish a contingency reserve of no more than
17 3% of the total moneys collected in any one year.
18 (4) (Blank). After paying the necessary
19 administrative expenses and providing for a contingency,
20 the Department shall spend the remaining moneys in the
21 Fund to reimburse providers for providing Medicaid
22 services.
23 (A) In the aggregate, providers are entitled
24 to a return of the entire amount required plus the
25 federal matching portion less administrative
26 expenses and less the allowed 3% contingency
27 reserve, based on fees paid before October 1, 1992.
28 No provider will receive back less than the amount
29 required as a fee, for fees paid before October 1,
30 1992.
31 (B) The Department shall maintain records that
32 show the amount of money that has been paid by each
33 provider into the Fund and the amount of money that
34 has been paid from the Fund to each provider.
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1 (5) Audit. The Department shall conduct an annual
2 audit of the Fund to determine that amounts received from
3 or paid to providers were correct. If a unit of local
4 government certified non-federal funds, the provider must
5 submit to the Department within 120 days after the end of
6 the fiscal year an annual audit statement from a
7 certified public accountant firm demonstrating that the
8 local government funds were spent for the intended
9 service in the amounts required. If an audit identifies
10 amounts that a provider should have been required to pay
11 and did not pay, a provider should not have been required
12 to pay but did pay, a provider should not have received
13 but did receive, or a provider should have received but
14 did not receive, the Department shall:
15 (A) Make the corrected payments to the
16 provider;
17 (B) Correct the fee amount and any related
18 fines; or
19 (C) Take action to recover required amounts
20 from the provider.
21 (e) Applicability contingent on federal funds. The
22 requirements of subsection (c) shall apply only as long as
23 federal funds under the Medicaid Program are provided for the
24 purposes of this Section and only as long as reimbursable
25 expenditures are matched at the federal Medicaid percentage
26 of at least 50%. Whenever the Department is informed that
27 federal funds are not to be provided for these purposes or
28 are provided at a lower percentage, the Department shall
29 promptly refund to each provider the amount of money
30 deposited by each provider, minus payments made from fee
31 funds to the provider, minus the proportionate share of funds
32 spent for administration, plus the proportionate share of any
33 investment earnings. In no event shall the Department
34 calculate a fee or require the payment of a fee for any
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1 quarter beginning on or after October 1, 1992.
2 (f) The Department may promulgate rules and regulations
3 to implement this Section. For the purposes of the Illinois
4 Administrative Procedure Act, the adoption or amendment of
5 rules to implement this amendatory Act of 1991 shall be
6 deemed an emergency and necessary for the public interest,
7 safety and welfare.
8 (Source: P.A. 89-626, eff. 8-9-96; 90-372, eff. 7-1-98;
9 revised 10-31-98.)
10 (20 ILCS 1705/22) (from Ch. 91 1/2, par. 100-22)
11 Sec. 22. To accept and hold in behalf of the State, if
12 for the public interest, a grant, gift or legacy of money or
13 property to the State of Illinois, to the Department, or to
14 any facility of the Department made in trust for the
15 maintenance or support of a recipient at a facility of the
16 Department, or for any other legitimate purpose connected
17 with such facility. The Department shall accept any donation
18 for the board and treatment of any recipient. The Department
19 also may accept and hold a grant, gift, or legacy of money or
20 property made or given to a facility of the Department that
21 is no longer operating or to a facility of the Department
22 that is operating under a different name, provided that if
23 the grant, gift or legacy was made for a particular purpose,
24 the Department shall, to the extent practicable, use the
25 grant, gift or legacy in a manner that carries out that
26 purpose with regard to another facility operated by the
27 Department for the same purpose, or in the latter case, with
28 regard to that same facility of the Department that is
29 operating under a different name. The Department shall cause
30 each gift, grant or legacy to be kept as a distinct fund, and
31 shall invest the same in the manner provided by the laws of
32 this State as the same now exist, or shall hereafter be
33 enacted, relating to securities in which the deposit in a
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1 savings bank may be invested. But the Department may, in its
2 discretion, deposit in a proper trust company or savings
3 bank, during the continuance of the trust, any fund so left
4 in trust for the life of a person, and shall adopt rules and
5 regulations governing the deposit, transfer, or withdrawal of
6 such fund. The Department shall on the expiration of any
7 trust as provided in any instrument creating the same,
8 dispose of the fund thereby created in the manner provided in
9 such instrument. The Department shall include in its annual
10 report a statement showing what funds are so held by it and
11 the condition thereof. Monies found on the recipients at the
12 time of their admission, or accruing to them during their
13 period of facility care, and monies deposited with the
14 facility director by relatives, guardians or friends of
15 recipients for the special comfort and pleasure of such
16 recipients, shall remain in the custody of such facility
17 director who shall act as trustee for disbursement to, in
18 behalf of, or for the benefit of such recipients. All types
19 of retirement and pension benefits from private and public
20 sources may be paid directly to the director of the facility
21 where the recipient is a resident, for deposit to the
22 recipient's trust fund account. Banks, trust companies,
23 savings and loan companies and insurance carriers having in
24 their possession funds of $1,000 or less belonging to a
25 recipient in a an facility of the Department shall release
26 such funds to the director of the facility where the
27 recipient is a resident, for deposit to the recipient's trust
28 fund account. The facility director shall provide a receipt
29 to any bank, trust company, savings and loan company or
30 insurance carrier for the amount received and such receipt
31 shall constitute a valid and sufficient discharge and release
32 of the obligation of such bank, trust company, savings and
33 loan company or insurance carrier to the recipient for whom
34 such payment was so made, to the extent of the payment made.
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1 Each facility director shall keep in a book an itemized
2 account of all receipts and expenditures of funds described
3 in the above proviso, which book shall be open at all times
4 to the inspection of the Department.
5 (Source: P.A. 86-922; revised 10-31-98.)
6 Section 29. The Illinois National Guardsman's
7 Compensation Act is amended by changing Section 3 as follows:
8 (20 ILCS 1825/3) (from Ch. 129, par. 403)
9 Sec. 3. If a claim therefor is made within one year of
10 the date of the death of the guardsman, compensation shall be
11 paid to the person designated by such guardsman killed while
12 on duty. The amount of compensation shall be equal to the
13 greater of (i) $100,000 or (ii) the amount of compensation
14 payable under Section 3 of the Law Enforcement Officers,
15 Civil Defense Workers, Civil Air Patrol Members, Paramedics,
16 Firemen, Chaplains, and State Employees Compensation Act when
17 an individual to whom that Act applies is killed in the line
18 of duty. If no beneficiary is designated or surviving at the
19 death of the guardsman killed while on duty, the compensation
20 shall be paid as follows:
21 (a) When there is a surviving spouse, the entire
22 sum shall be paid to the spouse.;
23 (b) When there is no surviving spouse, but a
24 surviving descendant of the decedent, the entire sum
25 shall be paid to the decedent's descendants per stirpes.;
26 nor dependent brother
11 or sister, or dependent descendant of a brother or sister, no
12 compensation shall be payable under this Act.
13 No part of such compensation may be paid to any other
14 person for any efforts in securing such compensation.
15 (Source: P.A. 88-518; 89-323, eff. 1-1-96; revised 10-31-98.)
16 Section 30. The Surface Coal Mining Fee Act is amended
17 by changing Section 1 as follows:
18 (20 ILCS 1915/1) (from Ch. 96 1/2, par. 7501)
19 Sec. 1. Legislative findings and intent.
20 (a) The General Assembly finds that:
21 (1) the purposes of the "Surface Mining Control and
22 Reclamation Act of 1977" (30 USC 1201 et seq.) include
23 the establishment of a program to protect society and the
24 environment from the adverse effects of surface coal
25 mining operations and from the adverse surface effects of
26 underground coal mining operations;
27 (2) the purposes of the above Act also include the
28 promoting of the reclamation of mined areas left without
29 adequate reclamation prior to the enactment of this Act
30 and which continue, in their unreclaimed conditions, to
31 substantially degrade the quality of the environment;
32 (3) the purposes of the above Act also include the
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1 assurance that the coal supply essential to the Nation's
2 energy requirements, and to its economic and social
3 well-being is provided, and to encourage the full
4 utilization of coal resources.
5 (b) The General Assembly also finds that:
6 (1) during the mining and preparation of coal, a
7 portion of the coal is lost in the tailings produced;
8 (2) this lost coal, in gob or slurry form, can be
9 recovered in an economic and useable fashion;
10 (3) the recovery of this coal, which may constitute
11 twenty percent or more of a gob pile, and which may
12 constitute fifty percent or more of a slurry pond, in
13 effect conserves energy by increasing the efficiency of
14 utilization of a valuable fuel resource;
15 (4) the recovery of this coal, when conducted in
16 accordance with the permits required by the Illinois
17 Department of Natural Resources and the Illinois
18 Environmental Protection Agency, contributes to the
19 reclamation of the land, in that the total volume of
20 wastes to be handled is reduced.
21 (c) It is the purpose of this Act:
22 (1) to include the recovery of coal from gob and
23 slurry as a part of the land reclamation process and as a
24 form of energy conservation; and
25 (2) to provide that a portion of the funds
26 collected by the Office of Surface Mining Reclamation and
27 Enforcement and returned to the State of Illinois be used
28 for coal recovery.
29 (Source: P.A. 89-445, eff 2-7-96; revised 10-31-98.)
30 Section 31. The Abandoned Mined Lands and Water
31 Reclamation Act is amended by changing Sections 2.04 and 3.02
32 as follows:
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1 (20 ILCS 1920/2.04) (from Ch. 96 1/2, par. 8002.04)
2 Sec. 2.04. Reclamation.
3 (a) The Department or such agency or department of State
4 government as the Department may designate pursuant to
5 subsection (d) of Section 3.05 may enter and reclaim
6 abandoned lands under this Section if the Department finds
7 that:
8 (1) land or water resources have been adversely
9 affected by past coal mining practices; and
10 (2) the adverse effects are at a stage where, in
11 the public interest, action to restore, reclaim, abate,
12 control, or prevent should be taken; and
13 (3) the owners of the land or water resources where
14 entry must be made to restore, reclaim, abate, control,
15 or prevent the adverse effects of past coal mining
16 practices are not known, or readily available; or (4) the
17 owners will not give permission for the United States,
18 the States, political subdivisions, their agents,
19 employees, or contractors to enter upon such property to
20 restore, reclaim, abate, control, or prevent the adverse
21 effects of past coal mining practices.
22 (b) After (1) the findings required by subsection (a) of
23 this Section have been made, and (2) giving notice by mail
24 return receipt requested to the owners if known or if not
25 known by posting notice upon the premises and advertising
26 once in a newspaper of general circulation in the
27 municipality in which the land lies, the Department or such
28 agency or department of State government as the Department
29 may designate pursuant to subsection (d) of Section 3.05
30 shall have the right to enter on the property adversely
31 affected by past mining practices and any other property to
32 have access to such property to do all things necessary or
33 expedient to restore, reclaim, abate, control, or prevent the
34 adverse effects.
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1 (c) The moneys expended for such work and the benefits
2 accruing to any such premises so entered upon shall be
3 chargeable against such land and shall mitigate or offset any
4 claim in or any action brought by any owner of any interest
5 in such premises for any alleged damage by virtue of such
6 entry. This provision is not intended to create new rights
7 of action or eliminate existing immunities.
8 (d) Entry under this Section shall be construed as an
9 exercise of the police power for the protection of public
10 health, safety, and general welfare and shall not be
11 construed as an act of condemnation of property nor trespass
12 thereon.
13 (Source: P.A. 89-445, eff. 2-7-96; revised 10-31-98.)
14 (20 ILCS 1920/3.02) (from Ch. 96 1/2, par. 8003.02)
15 Sec. 3.02. State reclamation program.
16 (a) The Department may prepare and submit under the
17 Federal Act (1) a State reclamation plan and appropriate
18 amendments, (2) annual project lists and program plans, (3)
19 grant proposals for federal funding, (4) inventories of
20 previous projects, (5) annual and other reports as may be
21 appropriate, and (6) such other applications, certifications
22 or documents as may be required under the Federal Act in
23 connection with reclamation or acquisition of abandoned
24 lands.
25 (Source: P.A. 89-445, eff. 2-7-96; revised 10-31-98.)
26 Section 32. The Civil Administrative Code of Illinois is
27 amended by changing Sections 60b, 60g, and 60m and
28 renumbering Section 62.1 (110 ILCS 355/62.1) as follows:
29 (20 ILCS 2105/60b) (from Ch. 127, par. 60b)
30 Sec. 60b. In the construction of Sections 60, 60a, 60b,
31 60c, 60d, 60e, 60f, 60g, and 60h, 60i, 60j, 60k, and 60L, the
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1 following definitions shall govern unless the context
2 otherwise clearly indicates.
3 "Department" shall mean the Department of Professional
4 Regulation.
5 "Registrant" shall mean a person who holds or claims to
6 hold a certificate as defined herein.
7 "Certificate" shall mean a license, certificate of
8 registration, permit or other authority purporting to be
9 issued or conferred by the Department by virtue or authority
10 of which the registrant has or claims the right to engage in
11 a profession, trade, occupation or operation of which the
12 Department has jurisdiction.
13 "Board" shall mean the board of persons designated for a
14 profession, trade or occupation under the provisions of any
15 Act now or hereafter in force whereby the jurisdiction of
16 such profession, trade or occupation is devolved on the
17 Department.
18 (Source: P.A. 85-225; revised 10-31-98.)
19 (20 ILCS 2105/60g) (from Ch. 127, par. 60g)
20 Sec. 60g. The board shall present to the Director its
21 written report of its findings and recommendations. A copy
22 of such report shall be served upon the registrant, either
23 personally or by registered mail as provided in Section 60c
24 60-c for the service of the citation. Within 20 twenty days
25 after such service, the registrant may present to the
26 department his motion in writing for a rehearing, which
27 written motion shall specify the particular grounds therefor.
28 If the registrant shall order and pay for a transcript of the
29 record as provided in Section 60f 60-f, the time elapsing
30 thereafter and before such transcript is ready for delivery
31 to him shall not be counted as part of such 20 twenty days.
32 (Source: P.A. 83-230; revised 10-31-98.)
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1 (20 ILCS 2105/60m) (from Ch. 127, par. 60m)
2 Sec. 60m. Notwithstanding any of the provisions of
3 Section 60, 60.1, 60a, 60-a, 60b, 60c, 60d, 60-d, 60e, 60f,
4 60g, 60-g or 60h of this Act, the Department shall suspend,
5 revoke, place on probationary status, or take such other
6 disciplinary action as it deems proper for violations of
7 Section 22 of the Medical Practice Act of 1987, as amended,
8 only in accordance with Sections 7 and 36 through 46 of that
9 Act.
10 (Source: P.A. 85-1209; revised 10-31-98.)
11 (20 ILCS 2105/61f) (formerly 110 ILCS 355/62.1)
12 Sec. 61f. 62.1. Design Professionals Dedicated Employees.
13 There is established within the Department of Professional
14 Regulation certain design professionals dedicated employees.
15 These employees shall be devoted exclusively to the
16 administration and enforcement of the Illinois Architecture
17 Practice Act, the Illinois Professional Land Surveyor Act of
18 1989, the Professional Engineering Practice Act of 1989, and
19 the Structural Engineering Licensing Act of 1989. The design
20 professionals dedicated employees that the Director shall
21 employ, in conformity with the Personnel Code, at a minimum
22 shall consist of one full-time design licensing Coordinator,
23 one full-time Assistant Coordinator, 4 full-time licensing
24 clerks, one full-time attorney, and 2 full-time
25 investigators. These employees shall work exclusively in the
26 licensing and enforcement of the design profession Acts set
27 forth in this Section and shall not be used for the licensing
28 and enforcement of any other Act or other duties in the
29 Department of Professional Regulation.
30 (Source: P.A. 87-781; revised 10-28-98.)
31 Section 33. The Illinois Health Finance Reform Act is
32 amended by changing Sections 4-3 and 5-1 as follows:
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1 (20 ILCS 2215/4-3) (from Ch. 111 1/2, par. 6504-3)
2 Sec. 4-3. Confidentiality.
3 (a) As indicated elsewhere in this Act, all steps
4 necessary under State and Federal law to protect patient
5 confidentiality shall be undertaken by the Council to prevent
6 the identification of individual patient records.
7 Regulations are to be written to assure the confidentiality
8 of patient records when gathering and submitting data to the
9 Council or designated corporation, association or entity.
10 (b) The information submitted to the Council, designated
11 corporation, association or entity by hospitals pursuant to
12 subsections (c) and (e) of Section 4-2 shall be privileged
13 and confidential, and shall not be disclosed in any manner.
14 The foregoing includes, but shall not be limited to,
15 disclosure, inspection or copying under the Freedom of
16 Information Act, the State Records Act, and paragraph (1) of
17 Section 404 of the Illinois Insurance Code. However, the
18 prohibitions stated in this subsection shall not apply to the
19 compilations of information assembled by the Council pursuant
20 to subsections (k) and (m) of Section 4-2.
21 (c) Any person or organization, including but not
22 limited to, hospitals, government agencies, associations,
23 businesses, or researchers receiving data under an agreement
24 with the Council under the terms indicated in Section 6504-2
25 shall be required to adhere strictly to the terms of the
26 agreement, especially the terms that are related to
27 preserving patient confidentiality. The use of Council data
28 either alone or in combination with data from another source
29 or sources to identify specific patients is prohibited unless
30 such identification is specifically authorized by Illinois
31 Statute and agreed to in writing by the Council. An
32 intentional breach of patient confidentiality not authorized
33 by statute and the Council shall render the responsible
34 individual or organization liable to the penalties under
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1 Section 5-2 6505-2.
2 (Source: P.A. 88-535; revised 10-31-98.)
3 (20 ILCS 2215/5-1) (from Ch. 111 1/2, par. 6505-1)
4 Sec. 5-1. Mandatory Utilization Review.
5 (a) Except as prohibited by Federal law or regulations,
6 any third party payor shall have the option to require
7 utilization review for hospital admissions and continued
8 hospital stays, except for the Illinois Department of Public
9 Aid for payment of hospital services for recipients of
10 assistance under Articles V, VI, and VII of the Illinois
11 Public Aid Code. The payor shall have the option to contract
12 with a medical peer review organization, provided that the
13 organization is at minimum, composed of 10% of area
14 physicians, or the hospital to perform utilization review or
15 to conduct its own utilization review. A medical peer review
16 organization, as defined, may also contract with hospitals to
17 perform reviews on a delegated basis. The utilization review
18 process shall provide for the timely notification of patients
19 by the third party payor or review organization that further
20 services are deemed inappropriate or medically unnecessary.
21 Such notification shall inform the patient that his third
22 party payor will cease coverage after a stated period from
23 the date of the notification. No third party payor shall be
24 liable for charges for health care services rendered by a
25 hospital subsequent to the end of the notification period.
26 Nothing in this Section shall be construed as authorizing
27 any person or third party payor, other than through the use
28 of physicians licensed to practice medicine in all of its
29 branches or other licensed health care professionals under
30 the supervision of said physicians, to conduct utilization
31 review.
32 (b) All costs associated with utilization review under
33 this section shall be billed to and paid by the third party
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1 payor ordering the review.
2 (c) Any third party payor for hospital services may
3 contract with a hospital for a program of utilization review
4 different than that required by this subsection, which
5 contract may provide for the withholding and denial of
6 payment for hospital services to a beneficiary, when such
7 treatment is found in the course of utilization review to
8 have been inappropriate and unwarranted in the case of that
9 beneficiary.
10 (d) All records and reports arising as a result of this
11 subsection shall be strictly privileged and confidential, as
12 provided under Part 21 of Article VIII 8 of the Code of Civil
13 Procedure.
14 (Source: P.A. 83-1243; revised 10-31-98.)
15 Section 34. The Civil Administrative Code of Illinois is
16 amended by changing Sections 55.57 and 55.76 and by setting
17 forth and renumbering multiple versions of Section 55.84 as
18 follows:
19 (20 ILCS 2310/55.57) (from Ch. 127, par. 55.57)
20 Sec. 55.57. Community Health Centers. From
21 appropriations from the Community Health Center Care Fund, a
22 special fund in the State treasury which is hereby created,
23 the Department shall provide financial assistance (a) to (a)
24 migrant health centers and community health centers
25 established pursuant to Sections 329 or 330 of the federal
26 Public Health Service Act or which meet the standards
27 contained in either of those Sections; and (b) for the
28 purpose of establishing new migrant health centers or
29 community health centers in areas of need.
30 (Source: P.A. 86-996; 86-1028; revised 10-31-98.)
31 (20 ILCS 2310/55.76)
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1 Sec. 55.76. Heart Disease Treatment and Prevention Fund;
2 grants. From funds appropriated from the Heart Disease
3 Treatment and Prevention Fund, a special fund created in the
4 State treasury, the Illinois Department of Public Health
5 shall make grants to public and private agencies for the
6 purposes of funding (i) research into causes, prevention, and
7 treatment of heart disease and (ii) public education relating
8 to treatment and prevention of heart disease within with the
9 State of Illinois.
10 (Source: P.A. 88-666, eff. 9-16-94; 89-235, eff. 8-4-95;
11 revised 10-31-98.)
12 (20 ILCS 2310/55.84)
13 Sec. 55.84. Breast feeding; public information campaign.
14 The Department of Public Health may conduct an information
15 campaign for the general public to promote breast feeding of
16 infants by their mothers. The Department may include the
17 information in a brochure prepared under Section 55.64 or in
18 a brochure that shares other information with the general
19 public and is distributed free of charge. If the Department
20 includes the information required under this Section in a
21 brochure authorized or required under another provision of
22 law, the Department may continue to use existing stocks of
23 that brochure before adding the information required under
24 this Section but shall add that information in the next
25 printing of the brochure. The information required under
26 this Section may be distributed to the parents or legal
27 custodians of each newborn upon discharge of the infant from
28 a hospital or other health care facility.
29 (Source: P.A. 90-244, eff. 1-1-98; 90-655, eff. 7-30-98.)
30 (20 ILCS 2310/55.89)
31 Sec. 55.89. 55.84. Aging Veterans Task Force.
32 (a) The Director of Public Health shall appoint an Aging
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1 Veterans Task Force to study the capability of the State to
2 provide health care to veterans of the armed forces after the
3 year 2000. The task force shall consist of persons
4 representing the Department, the Department of Veterans'
5 Affairs, Illinois Veterans Homes, hospitals, nursing homes,
6 other health care facilities, and advocates for residents of
7 Illinois Veterans Homes, hospitals, nursing homes, and other
8 health care facilities. Members of the task force shall
9 serve without compensation other than reimbursement for
10 necessary expenses incurred in the performance of their
11 duties.
12 (b) The task force shall conduct a comprehensive
13 examination of the future demands for health care by the
14 State's aging veteran population and the ability of the State
15 to provide that health care.
16 (c) The task force shall make recommendations to assist
17 the Department and the Department of Veterans' Affairs in
18 developing agency and legislative changes to provide health
19 care to the State's veterans after the year 2000. The task
20 force shall report its recommendations to the Department
21 before January 1, 1999.
22 (Source: P.A. 90-693, eff. 8-7-98; revised 9-23-98.)
23 Section 35. The Blind Persons Operating Vending
24 Facilities Act is amended by changing Section 8 as follows:
25 (20 ILCS 2420/8) (from Ch. 23, par. 3338)
26 Sec. 8. The Department shall assign any available
27 vending facility to an operator in the following manner:
28 (A) An objective set of criteria promulgated by rules
29 and regulations adopted pursuant to the Illinois
30 Administrative Procedure Act.
31 (B) The Department shall notify all licensed operators
32 in writing of the availability of any vending facilities
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1 within the program as far in advance as is practicable. Such
2 notice shall include a description of the type of facility,
3 its characteristics, and its geographic location, the type of
4 building in which the facility is located, date of
5 availability, anticipated income or income experience,
6 contractual considerations such as hours, price limitations
7 or subsidies, if any, business telephone number of the
8 current operator, when applicable, and availability of public
9 transportation. The notice shall contain a deadline for
10 responses which is no less than 14 days after its issuance.
11 (C) The Department shall consider as qualified only bids
12 received from operators who have received certification
13 fitting the description of the facility contained in the
14 notice. In this manner, a list of qualified bidders shall be
15 formed, and the facility shall be offered to the most
16 qualified bidder.
17 (Source: P.A. 83-1534; revised 10-31-98.)
18 Section 36. The Civil Administrative Code of Illinois is
19 amended by changing Section 55a as follows:
20 (20 ILCS 2605/55a) (from Ch. 127, par. 55a)
21 (Text of Section before amendment by P.A. 90-590)
22 Sec. 55a. Powers and duties.
23 (A) The Department of State Police shall have the
24 following powers and duties, and those set forth in Sections
25 55a-1 through 55c:
26 1. To exercise the rights, powers and duties which have
27 been vested in the Department of Public Safety by the State
28 Police Act.
29 2. To exercise the rights, powers and duties which have
30 been vested in the Department of Public Safety by the State
31 Police Radio Act.
32 3. To exercise the rights, powers and duties which have
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1 been vested in the Department of Public Safety by the
2 Criminal Identification Act.
3 4. To (a) investigate the origins, activities, personnel
4 and incidents of crime and the ways and means to redress the
5 victims of crimes, and study the impact, if any, of
6 legislation relative to the effusion of crime and growing
7 crime rates, and enforce the criminal laws of this State
8 related thereto, (b) enforce all laws regulating the
9 production, sale, prescribing, manufacturing, administering,
10 transporting, having in possession, dispensing, delivering,
11 distributing, or use of controlled substances and cannabis,
12 (c) employ skilled experts, scientists, technicians,
13 investigators or otherwise specially qualified persons to aid
14 in preventing or detecting crime, apprehending criminals, or
15 preparing and presenting evidence of violations of the
16 criminal laws of the State, (d) cooperate with the police of
17 cities, villages and incorporated towns, and with the police
18 officers of any county, in enforcing the laws of the State
19 and in making arrests and recovering property, (e) apprehend
20 and deliver up any person charged in this State or any other
21 State of the United States with treason, felony, or other
22 crime, who has fled from justice and is found in this State,
23 and (f) conduct such other investigations as may be provided
24 by law. Persons exercising these powers within the Department
25 are conservators of the peace and as such have all the powers
26 possessed by policemen in cities and sheriffs, except that
27 they may exercise such powers anywhere in the State in
28 cooperation with and after contact with the local law
29 enforcement officials. Such persons may use false or
30 fictitious names in the performance of their duties under
31 this paragraph, upon approval of the Director, and shall not
32 be subject to prosecution under the criminal laws for such
33 use.
34 5. To: (a) be a central repository and custodian of
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1 criminal statistics for the State, (b) be a central
2 repository for criminal history record information, (c)
3 procure and file for record such information as is necessary
4 and helpful to plan programs of crime prevention, law
5 enforcement and criminal justice, (d) procure and file for
6 record such copies of fingerprints, as may be required by
7 law, (e) establish general and field crime laboratories, (f)
8 register and file for record such information as may be
9 required by law for the issuance of firearm owner's
10 identification cards, (g) employ polygraph operators,
11 laboratory technicians and other specially qualified persons
12 to aid in the identification of criminal activity, and (h)
13 undertake such other identification, information, laboratory,
14 statistical or registration activities as may be required by
15 law.
16 6. To (a) acquire and operate one or more radio
17 broadcasting stations in the State to be used for police
18 purposes, (b) operate a statewide communications network to
19 gather and disseminate information for law enforcement
20 agencies, (c) operate an electronic data processing and
21 computer center for the storage and retrieval of data
22 pertaining to criminal activity, and (d) undertake such other
23 communication activities as may be required by law.
24 7. To provide, as may be required by law, assistance to
25 local law enforcement agencies through (a) training,
26 management and consultant services for local law enforcement
27 agencies, and (b) the pursuit of research and the publication
28 of studies pertaining to local law enforcement activities.
29 8. To exercise the rights, powers and duties which have
30 been vested in the Department of State Police and the
31 Director of the Department of State Police by the Narcotic
32 Control Division Abolition Act.
33 9. To exercise the rights, powers and duties which have
34 been vested in the Department of Public Safety by the
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1 Illinois Vehicle Code.
2 10. To exercise the rights, powers and duties which have
3 been vested in the Department of Public Safety by the Firearm
4 Owners Identification Card Act.
5 11. To enforce and administer such other laws in
6 relation to law enforcement as may be vested in the
7 Department.
8 12. To transfer jurisdiction of any realty title to
9 which is held by the State of Illinois under the control of
10 the Department to any other department of the State
11 government or to the State Employees Housing Commission, or
12 to acquire or accept Federal land, when such transfer,
13 acquisition or acceptance is advantageous to the State and is
14 approved in writing by the Governor.
15 13. With the written approval of the Governor, to enter
16 into agreements with other departments created by this Act,
17 for the furlough of inmates of the penitentiary to such other
18 departments for their use in research programs being
19 conducted by them.
20 For the purpose of participating in such research
21 projects, the Department may extend the limits of any
22 inmate's place of confinement, when there is reasonable cause
23 to believe that the inmate will honor his or her trust by
24 authorizing the inmate, under prescribed conditions, to leave
25 the confines of the place unaccompanied by a custodial agent
26 of the Department. The Department shall make rules governing
27 the transfer of the inmate to the requesting other department
28 having the approved research project, and the return of such
29 inmate to the unextended confines of the penitentiary. Such
30 transfer shall be made only with the consent of the inmate.
31 The willful failure of a prisoner to remain within the
32 extended limits of his or her confinement or to return within
33 the time or manner prescribed to the place of confinement
34 designated by the Department in granting such extension shall
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1 be deemed an escape from custody of the Department and
2 punishable as provided in Section 3-6-4 of the Unified Code
3 of Corrections.
4 14. To provide investigative services, with all of the
5 powers possessed by policemen in cities and sheriffs, in and
6 around all race tracks subject to the Horse Racing Act of
7 1975.
8 15. To expend such sums as the Director deems necessary
9 from Contractual Services appropriations for the Division of
10 Criminal Investigation for the purchase of evidence and for
11 the employment of persons to obtain evidence. Such sums shall
12 be advanced to agents authorized by the Director to expend
13 funds, on vouchers signed by the Director.
14 16. To assist victims and witnesses in gang crime
15 prosecutions through the administration of funds appropriated
16 from the Gang Violence Victims and Witnesses Fund to the
17 Department. Such funds shall be appropriated to the
18 Department and shall only be used to assist victims and
19 witnesses in gang crime prosecutions and such assistance may
20 include any of the following:
21 (a) temporary living costs;
22 (b) moving expenses;
23 (c) closing costs on the sale of private residence;
24 (d) first month's rent;
25 (e) security deposits;
26 (f) apartment location assistance;
27 (g) other expenses which the Department considers
28 appropriate; and
29 (h) compensation for any loss of or injury to real
30 or personal property resulting from a gang crime to a
31 maximum of $5,000, subject to the following provisions:
32 (1) in the case of loss of property, the
33 amount of compensation shall be measured by the
34 replacement cost of similar or like property which
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1 has been incurred by and which is substantiated by
2 the property owner,
3 (2) in the case of injury to property, the
4 amount of compensation shall be measured by the cost
5 of repair incurred and which can be substantiated by
6 the property owner,
7 (3) compensation under this provision is a
8 secondary source of compensation and shall be
9 reduced by any amount the property owner receives
10 from any other source as compensation for the loss
11 or injury, including, but not limited to, personal
12 insurance coverage,
13 (4) no compensation may be awarded if the
14 property owner was an offender or an accomplice of
15 the offender, or if the award would unjustly benefit
16 the offender or offenders, or an accomplice of the
17 offender or offenders.
18 No victim or witness may receive such assistance if he or
19 she is not a part of or fails to fully cooperate in the
20 prosecution of gang crime members by law enforcement
21 authorities.
22 The Department shall promulgate any rules necessary for
23 the implementation of this amendatory Act of 1985.
24 17. To conduct arson investigations.
25 18. To develop a separate statewide statistical police
26 contact record keeping system for the study of juvenile
27 delinquency. The records of this police contact system shall
28 be limited to statistical information. No individually
29 identifiable information shall be maintained in the police
30 contact statistical record system.
31 19. To develop a separate statewide central adjudicatory
32 and dispositional records system for persons under 19 years
33 of age who have been adjudicated delinquent minors and to
34 make information available to local registered participating
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1 police youth officers so that police youth officers will be
2 able to obtain rapid access to the juvenile's background from
3 other jurisdictions to the end that the police youth officers
4 can make appropriate dispositions which will best serve the
5 interest of the child and the community. Information
6 maintained in the adjudicatory and dispositional record
7 system shall be limited to the incidents or offenses for
8 which the minor was adjudicated delinquent by a court, and a
9 copy of the court's dispositional order. All individually
10 identifiable records in the adjudicatory and dispositional
11 records system shall be destroyed when the person reaches 19
12 years of age.
13 20. To develop rules which guarantee the confidentiality
14 of such individually identifiable adjudicatory and
15 dispositional records except when used for the following:
16 (a) by authorized juvenile court personnel or the
17 State's Attorney in connection with proceedings under the
18 Juvenile Court Act of 1987; or
19 (b) inquiries from registered police youth
20 officers.
21 For the purposes of this Act "police youth officer" means
22 a member of a duly organized State, county or municipal
23 police force who is assigned by his or her Superintendent,
24 Sheriff or chief of police, as the case may be, to specialize
25 in youth problems.
26 21. To develop administrative rules and administrative
27 hearing procedures which allow a minor, his or her attorney,
28 and his or her parents or guardian access to individually
29 identifiable adjudicatory and dispositional records for the
30 purpose of determining or challenging the accuracy of the
31 records. Final administrative decisions shall be subject to
32 the provisions of the Administrative Review Law.
33 22. To charge, collect, and receive fees or moneys
34 equivalent to the cost of providing Department of State
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1 Police personnel, equipment, and services to local
2 governmental agencies when explicitly requested by a local
3 governmental agency and pursuant to an intergovernmental
4 agreement as provided by this Section, other State agencies,
5 and federal agencies, including but not limited to fees or
6 moneys equivalent to the cost of providing dispatching
7 services, radio and radar repair, and training to local
8 governmental agencies on such terms and conditions as in the
9 judgment of the Director are in the best interest of the
10 State; and to establish, charge, collect and receive fees or
11 moneys based on the cost of providing responses to requests
12 for criminal history record information pursuant to positive
13 identification and any Illinois or federal law authorizing
14 access to some aspect of such information and to prescribe
15 the form and manner for requesting and furnishing such
16 information to the requestor on such terms and conditions as
17 in the judgment of the Director are in the best interest of
18 the State, provided fees for requesting and furnishing
19 criminal history record information may be waived for
20 requests in the due administration of the criminal laws. The
21 Department may also charge, collect and receive fees or
22 moneys equivalent to the cost of providing electronic data
23 processing lines or related telecommunication services to
24 local governments, but only when such services can be
25 provided by the Department at a cost less than that
26 experienced by said local governments through other means.
27 All services provided by the Department shall be conducted
28 pursuant to contracts in accordance with the
29 Intergovernmental Cooperation Act, and all telecommunication
30 services shall be provided pursuant to the provisions of
31 Section 67.18 of this Code.
32 All fees received by the Department of State Police under
33 this Act or the Illinois Uniform Conviction Information Act
34 shall be deposited in a special fund in the State Treasury to
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1 be known as the State Police Services Fund. The money
2 deposited in the State Police Services Fund shall be
3 appropriated to the Department of State Police for expenses
4 of the Department of State Police.
5 Upon the completion of any audit of the Department of
6 State Police as prescribed by the Illinois State Auditing
7 Act, which audit includes an audit of the State Police
8 Services Fund, the Department of State Police shall make the
9 audit open to inspection by any interested person.
10 23. To exercise the powers and perform the duties which
11 have been vested in the Department of State Police by the
12 Intergovernmental Missing Child Recovery Act of 1984, and to
13 establish reasonable rules and regulations necessitated
14 thereby.
15 24. (a) To establish and maintain a statewide Law
16 Enforcement Agencies Data System (LEADS) for the purpose of
17 providing electronic access by authorized entities to
18 criminal justice data repositories and effecting an immediate
19 law enforcement response to reports of missing persons,
20 including lost, missing or runaway minors. The Department
21 shall implement an automatic data exchange system to compile,
22 to maintain and to make available to other law enforcement
23 agencies for immediate dissemination data which can assist
24 appropriate agencies in recovering missing persons and
25 provide access by authorized entities to various data
26 repositories available through LEADS for criminal justice and
27 related purposes. To assist the Department in this effort,
28 funds may be appropriated from the LEADS Maintenance Fund.
29 (b) In exercising its duties under this subsection, the
30 Department shall:
31 (1) provide a uniform reporting format for the
32 entry of pertinent information regarding the report of a
33 missing person into LEADS;
34 (2) develop and implement a policy whereby a
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1 statewide or regional alert would be used in situations
2 relating to the disappearances of individuals, based on
3 criteria and in a format established by the Department.
4 Such a format shall include, but not be limited to, the
5 age of the missing person and the suspected circumstance
6 of the disappearance;
7 (3) notify all law enforcement agencies that
8 reports of missing persons shall be entered as soon as
9 the minimum level of data specified by the Department is
10 available to the reporting agency, and that no waiting
11 period for the entry of such data exists;
12 (4) compile and retain information regarding lost,
13 abducted, missing or runaway minors in a separate data
14 file, in a manner that allows such information to be used
15 by law enforcement and other agencies deemed appropriate
16 by the Director, for investigative purposes. Such
17 information shall include the disposition of all reported
18 lost, abducted, missing or runaway minor cases;
19 (5) compile and maintain an historic data
20 repository relating to lost, abducted, missing or runaway
21 minors and other missing persons in order to develop and
22 improve techniques utilized by law enforcement agencies
23 when responding to reports of missing persons; and
24 (6) create a quality control program regarding
25 confirmation of missing person data, timeliness of
26 entries of missing person reports into LEADS and
27 performance audits of all entering agencies.
28 25. On request of a school board or regional
29 superintendent of schools, to conduct an inquiry pursuant to
30 Section 10-21.9 or 34-18.5 of the School Code to ascertain if
31 an applicant for employment in a school district has been
32 convicted of any criminal or drug offenses enumerated in
33 Section 10-21.9 or 34-18.5 of the School Code. The
34 Department shall furnish such conviction information to the
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1 President of the school board of the school district which
2 has requested the information, or if the information was
3 requested by the regional superintendent to that regional
4 superintendent.
5 26. To promulgate rules and regulations necessary for
6 the administration and enforcement of its powers and duties,
7 wherever granted and imposed, pursuant to the Illinois
8 Administrative Procedure Act.
9 27. To (a) promulgate rules pertaining to the
10 certification, revocation of certification and training of
11 law enforcement officers as electronic criminal surveillance
12 officers, (b) provide training and technical assistance to
13 State's Attorneys and local law enforcement agencies
14 pertaining to the interception of private oral
15 communications, (c) promulgate rules necessary for the
16 administration of Article 108B of the Code of Criminal
17 Procedure of 1963, including but not limited to standards for
18 recording and minimization of electronic criminal
19 surveillance intercepts, documentation required to be
20 maintained during an intercept, procedures in relation to
21 evidence developed by an intercept, and (d) charge a
22 reasonable fee to each law enforcement agency that sends
23 officers to receive training as electronic criminal
24 surveillance officers.
25 28. Upon the request of any private organization which
26 devotes a major portion of its time to the provision of
27 recreational, social, educational or child safety services to
28 children, to conduct, pursuant to positive identification,
29 criminal background investigations of all of that
30 organization's current employees, current volunteers,
31 prospective employees or prospective volunteers charged with
32 the care and custody of children during the provision of the
33 organization's services, and to report to the requesting
34 organization any record of convictions maintained in the
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1 Department's files about such persons. The Department shall
2 charge an application fee, based on actual costs, for the
3 dissemination of conviction information pursuant to this
4 subsection. The Department is empowered to establish this
5 fee and shall prescribe the form and manner for requesting
6 and furnishing conviction information pursuant to this
7 subsection. Information received by the organization from the
8 Department concerning an individual shall be provided to such
9 individual. Any such information obtained by the
10 organization shall be confidential and may not be transmitted
11 outside the organization and may not be transmitted to anyone
12 within the organization except as needed for the purpose of
13 evaluating the individual. Only information and standards
14 which bear a reasonable and rational relation to the
15 performance of child care shall be used by the organization.
16 Any employee of the Department or any member, employee or
17 volunteer of the organization receiving confidential
18 information under this subsection who gives or causes to be
19 given any confidential information concerning any criminal
20 convictions of an individual shall be guilty of a Class A
21 misdemeanor unless release of such information is authorized
22 by this subsection.
23 29. Upon the request of the Department of Children and
24 Family Services, to investigate reports of child abuse or
25 neglect.
26 30. To obtain registration of a fictitious vital record
27 pursuant to Section 15.1 of the Vital Records Act.
28 31. To collect and disseminate information relating to
29 "hate crimes" as defined under Section 12-7.1 of the Criminal
30 Code of 1961 contingent upon the availability of State or
31 Federal funds to revise and upgrade the Illinois Uniform
32 Crime Reporting System. All law enforcement agencies shall
33 report monthly to the Department of State Police concerning
34 such offenses in such form and in such manner as may be
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1 prescribed by rules and regulations adopted by the Department
2 of State Police. Such information shall be compiled by the
3 Department and be disseminated upon request to any local law
4 enforcement agency, unit of local government, or state
5 agency. Dissemination of such information shall be subject
6 to all confidentiality requirements otherwise imposed by law.
7 The Department of State Police shall provide training for
8 State Police officers in identifying, responding to, and
9 reporting all hate crimes. The Illinois Local Governmental
10 Law Enforcement Officer's Training Standards Board shall
11 develop and certify a course of such training to be made
12 available to local law enforcement officers.
13 32. Upon the request of a private carrier company that
14 provides transportation under Section 28b of the Metropolitan
15 Transit Authority Act, to ascertain if an applicant for a
16 driver position has been convicted of any criminal or drug
17 offense enumerated in Section 28b of the Metropolitan Transit
18 Authority Act. The Department shall furnish the conviction
19 information to the private carrier company that requested the
20 information.
21 33. To apply for grants or contracts, receive, expend,
22 allocate, or disburse funds and moneys made available by
23 public or private entities, including, but not limited to,
24 contracts, bequests, grants, or receiving equipment from
25 corporations, foundations, or public or private institutions
26 of higher learning. All funds received by the Department
27 from these sources shall be deposited into the appropriate
28 fund in the State Treasury to be appropriated to the
29 Department for purposes as indicated by the grantor or
30 contractor or, in the case of funds or moneys bequeathed or
31 granted for no specific purpose, for any purpose as deemed
32 appropriate by the Director in administering the
33 responsibilities of the Department.
34 34. Upon the request of the Department of Children and
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1 Family Services, the Department of State Police shall provide
2 properly designated employees of the Department of Children
3 and Family Services with criminal history record information
4 as defined in the Illinois Uniform Conviction Information Act
5 and information maintained in the adjudicatory and
6 dispositional record system as defined in subdivision (A)19
7 of this Section if the Department of Children and Family
8 Services determines the information is necessary to perform
9 its duties under the Abused and Neglected Child Reporting
10 Act, the Child Care Act of 1969, and the Children and Family
11 Services Act. The request shall be in the form and manner
12 specified by the Department of State Police.
13 35. The Illinois Department of Public Aid is an
14 authorized entity under this Section for the purpose of
15 obtaining access to various data repositories available
16 through LEADS, to facilitate the location of individuals for
17 establishing paternity, and establishing, modifying, and
18 enforcing child support obligations, pursuant to the Illinois
19 Public Aid Code and Title IV, Part D of the Social Security
20 Act. The Department shall enter into an agreement with the
21 Illinois Department of Public Aid consistent with these
22 purposes.
23 36. Upon request of the Department of Human Services, to
24 conduct an assessment and evaluation of sexually violent
25 persons as mandated by the Sexually Violent Persons
26 Commitment Act, the Department shall furnish criminal history
27 information maintained on the requested person. The request
28 shall be in the form and manner specified by the Department.
29 (B) The Department of State Police may establish and
30 maintain, within the Department of State Police, a Statewide
31 Organized Criminal Gang Database (SWORD) for the purpose of
32 tracking organized criminal gangs and their memberships.
33 Information in the database may include, but not be limited
34 to, the name, last known address, birth date, physical
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1 descriptions (such as scars, marks, or tattoos), officer
2 safety information, organized gang affiliation, and entering
3 agency identifier. The Department may develop, in
4 consultation with the Criminal Justice Information Authority,
5 and in a form and manner prescribed by the Department, an
6 automated data exchange system to compile, to maintain, and
7 to make this information electronically available to
8 prosecutors and to other law enforcement agencies. The
9 information may be used by authorized agencies to combat the
10 operations of organized criminal gangs statewide.
11 (C) The Department of State Police may ascertain the
12 number of bilingual police officers and other personnel
13 needed to provide services in a language other than English
14 and may establish, under applicable personnel rules and
15 Department guidelines or through a collective bargaining
16 agreement, a bilingual pay supplement program.
17 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
18 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-655, eff.
19 7-30-98; 90-793, eff. 8-14-98; revised 10-6-98.)
20 (Text of Section after amendment by P.A. 90-590)
21 Sec. 55a. Powers and duties.
22 (A) The Department of State Police shall have the
23 following powers and duties, and those set forth in Sections
24 55a-1 through 55c:
25 1. To exercise the rights, powers and duties which have
26 been vested in the Department of Public Safety by the State
27 Police Act.
28 2. To exercise the rights, powers and duties which have
29 been vested in the Department of Public Safety by the State
30 Police Radio Act.
31 3. To exercise the rights, powers and duties which have
32 been vested in the Department of Public Safety by the
33 Criminal Identification Act.
34 4. To (a) investigate the origins, activities, personnel
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1 and incidents of crime and the ways and means to redress the
2 victims of crimes, and study the impact, if any, of
3 legislation relative to the effusion of crime and growing
4 crime rates, and enforce the criminal laws of this State
5 related thereto, (b) enforce all laws regulating the
6 production, sale, prescribing, manufacturing, administering,
7 transporting, having in possession, dispensing, delivering,
8 distributing, or use of controlled substances and cannabis,
9 (c) employ skilled experts, scientists, technicians,
10 investigators or otherwise specially qualified persons to aid
11 in preventing or detecting crime, apprehending criminals, or
12 preparing and presenting evidence of violations of the
13 criminal laws of the State, (d) cooperate with the police of
14 cities, villages and incorporated towns, and with the police
15 officers of any county, in enforcing the laws of the State
16 and in making arrests and recovering property, (e) apprehend
17 and deliver up any person charged in this State or any other
18 State of the United States with treason, felony, or other
19 crime, who has fled from justice and is found in this State,
20 and (f) conduct such other investigations as may be provided
21 by law. Persons exercising these powers within the Department
22 are conservators of the peace and as such have all the powers
23 possessed by policemen in cities and sheriffs, except that
24 they may exercise such powers anywhere in the State in
25 cooperation with and after contact with the local law
26 enforcement officials. Such persons may use false or
27 fictitious names in the performance of their duties under
28 this paragraph, upon approval of the Director, and shall not
29 be subject to prosecution under the criminal laws for such
30 use.
31 5. To: (a) be a central repository and custodian of
32 criminal statistics for the State, (b) be a central
33 repository for criminal history record information, (c)
34 procure and file for record such information as is necessary
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1 and helpful to plan programs of crime prevention, law
2 enforcement and criminal justice, (d) procure and file for
3 record such copies of fingerprints, as may be required by
4 law, (e) establish general and field crime laboratories, (f)
5 register and file for record such information as may be
6 required by law for the issuance of firearm owner's
7 identification cards, (g) employ polygraph operators,
8 laboratory technicians and other specially qualified persons
9 to aid in the identification of criminal activity, and (h)
10 undertake such other identification, information, laboratory,
11 statistical or registration activities as may be required by
12 law.
13 6. To (a) acquire and operate one or more radio
14 broadcasting stations in the State to be used for police
15 purposes, (b) operate a statewide communications network to
16 gather and disseminate information for law enforcement
17 agencies, (c) operate an electronic data processing and
18 computer center for the storage and retrieval of data
19 pertaining to criminal activity, and (d) undertake such other
20 communication activities as may be required by law.
21 7. To provide, as may be required by law, assistance to
22 local law enforcement agencies through (a) training,
23 management and consultant services for local law enforcement
24 agencies, and (b) the pursuit of research and the publication
25 of studies pertaining to local law enforcement activities.
26 8. To exercise the rights, powers and duties which have
27 been vested in the Department of State Police and the
28 Director of the Department of State Police by the Narcotic
29 Control Division Abolition Act.
30 9. To exercise the rights, powers and duties which have
31 been vested in the Department of Public Safety by the
32 Illinois Vehicle Code.
33 10. To exercise the rights, powers and duties which have
34 been vested in the Department of Public Safety by the Firearm
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1 Owners Identification Card Act.
2 11. To enforce and administer such other laws in
3 relation to law enforcement as may be vested in the
4 Department.
5 12. To transfer jurisdiction of any realty title to
6 which is held by the State of Illinois under the control of
7 the Department to any other department of the State
8 government or to the State Employees Housing Commission, or
9 to acquire or accept Federal land, when such transfer,
10 acquisition or acceptance is advantageous to the State and is
11 approved in writing by the Governor.
12 13. With the written approval of the Governor, to enter
13 into agreements with other departments created by this Act,
14 for the furlough of inmates of the penitentiary to such other
15 departments for their use in research programs being
16 conducted by them.
17 For the purpose of participating in such research
18 projects, the Department may extend the limits of any
19 inmate's place of confinement, when there is reasonable cause
20 to believe that the inmate will honor his or her trust by
21 authorizing the inmate, under prescribed conditions, to leave
22 the confines of the place unaccompanied by a custodial agent
23 of the Department. The Department shall make rules governing
24 the transfer of the inmate to the requesting other department
25 having the approved research project, and the return of such
26 inmate to the unextended confines of the penitentiary. Such
27 transfer shall be made only with the consent of the inmate.
28 The willful failure of a prisoner to remain within the
29 extended limits of his or her confinement or to return within
30 the time or manner prescribed to the place of confinement
31 designated by the Department in granting such extension shall
32 be deemed an escape from custody of the Department and
33 punishable as provided in Section 3-6-4 of the Unified Code
34 of Corrections.
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1 14. To provide investigative services, with all of the
2 powers possessed by policemen in cities and sheriffs, in and
3 around all race tracks subject to the Horse Racing Act of
4 1975.
5 15. To expend such sums as the Director deems necessary
6 from Contractual Services appropriations for the Division of
7 Criminal Investigation for the purchase of evidence and for
8 the employment of persons to obtain evidence. Such sums shall
9 be advanced to agents authorized by the Director to expend
10 funds, on vouchers signed by the Director.
11 16. To assist victims and witnesses in gang crime
12 prosecutions through the administration of funds appropriated
13 from the Gang Violence Victims and Witnesses Fund to the
14 Department. Such funds shall be appropriated to the
15 Department and shall only be used to assist victims and
16 witnesses in gang crime prosecutions and such assistance may
17 include any of the following:
18 (a) temporary living costs;
19 (b) moving expenses;
20 (c) closing costs on the sale of private residence;
21 (d) first month's rent;
22 (e) security deposits;
23 (f) apartment location assistance;
24 (g) other expenses which the Department considers
25 appropriate; and
26 (h) compensation for any loss of or injury to real
27 or personal property resulting from a gang crime to a
28 maximum of $5,000, subject to the following provisions:
29 (1) in the case of loss of property, the
30 amount of compensation shall be measured by the
31 replacement cost of similar or like property which
32 has been incurred by and which is substantiated by
33 the property owner,
34 (2) in the case of injury to property, the
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1 amount of compensation shall be measured by the cost
2 of repair incurred and which can be substantiated by
3 the property owner,
4 (3) compensation under this provision is a
5 secondary source of compensation and shall be
6 reduced by any amount the property owner receives
7 from any other source as compensation for the loss
8 or injury, including, but not limited to, personal
9 insurance coverage,
10 (4) no compensation may be awarded if the
11 property owner was an offender or an accomplice of
12 the offender, or if the award would unjustly benefit
13 the offender or offenders, or an accomplice of the
14 offender or offenders.
15 No victim or witness may receive such assistance if he or
16 she is not a part of or fails to fully cooperate in the
17 prosecution of gang crime members by law enforcement
18 authorities.
19 The Department shall promulgate any rules necessary for
20 the implementation of this amendatory Act of 1985.
21 17. To conduct arson investigations.
22 18. To develop a separate statewide statistical police
23 contact record keeping system for the study of juvenile
24 delinquency. The records of this police contact system shall
25 be limited to statistical information. No individually
26 identifiable information shall be maintained in the police
27 contact statistical record system.
28 19. To develop a separate statewide central juvenile
29 records system for persons arrested prior to the age of 17
30 under Section 5-401 of the Juvenile Court Act of 1987 or
31 adjudicated delinquent minors and to make information
32 available to local law enforcement officers so that law
33 enforcement officers will be able to obtain rapid access to
34 the background of the minor from other jurisdictions to the
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1 end that the juvenile police officers can make appropriate
2 decisions which will best serve the interest of the child and
3 the community. The Department shall submit a quarterly
4 report to the General Assembly and Governor which shall
5 contain the number of juvenile records that the Department
6 has received in that quarter and, a list, by category, of
7 offenses that minors were arrested for or convicted of by
8 age, race and gender.
9 20. To develop rules which guarantee the confidentiality
10 of such individually identifiable juvenile records except to
11 juvenile authorities who request information concerning the
12 minor and who certify in writing that the information will
13 not be disclosed to any other party except as provided under
14 law or order of court. For purposes of this Section,
15 "juvenile authorities" means: (i) a judge of the circuit
16 court and members of the staff of the court designated by the
17 judge; (ii) parties to the proceedings under the Juvenile
18 Court Act of 1987 and their attorneys; (iii) probation
19 officers and court appointed advocates for the juvenile
20 authorized by the judge hearing the case; (iv) any individual
21 or, public or of private agency having custody of the child
22 pursuant to court order; (v) any individual or, public or
23 private agency providing education, medical or mental health
24 service to the child when the requested information is needed
25 to determine the appropriate service or treatment for the
26 minor; (vi) any potential placement provider when such
27 release is authorized by the court for the limited purpose of
28 determining the appropriateness of the potential placement;
29 (vii) law enforcement officers and prosecutors; (viii) adult
30 and juvenile prisoner review boards; (ix) authorized military
31 personnel; (x) individuals authorized by court; (xi) the
32 Illinois General Assembly or any committee or commission
33 thereof.
34 21. To develop administrative rules and administrative
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1 hearing procedures which allow a minor, his or her attorney,
2 and his or her parents or guardian access to individually
3 identifiable juvenile records for the purpose of determining
4 or challenging the accuracy of the records. Final
5 administrative decisions shall be subject to the provisions
6 of the Administrative Review Law.
7 22. To charge, collect, and receive fees or moneys
8 equivalent to the cost of providing Department of State
9 Police personnel, equipment, and services to local
10 governmental agencies when explicitly requested by a local
11 governmental agency and pursuant to an intergovernmental
12 agreement as provided by this Section, other State agencies,
13 and federal agencies, including but not limited to fees or
14 moneys equivalent to the cost of providing dispatching
15 services, radio and radar repair, and training to local
16 governmental agencies on such terms and conditions as in the
17 judgment of the Director are in the best interest of the
18 State; and to establish, charge, collect and receive fees or
19 moneys based on the cost of providing responses to requests
20 for criminal history record information pursuant to positive
21 identification and any Illinois or federal law authorizing
22 access to some aspect of such information and to prescribe
23 the form and manner for requesting and furnishing such
24 information to the requestor on such terms and conditions as
25 in the judgment of the Director are in the best interest of
26 the State, provided fees for requesting and furnishing
27 criminal history record information may be waived for
28 requests in the due administration of the criminal laws. The
29 Department may also charge, collect and receive fees or
30 moneys equivalent to the cost of providing electronic data
31 processing lines or related telecommunication services to
32 local governments, but only when such services can be
33 provided by the Department at a cost less than that
34 experienced by said local governments through other means.
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1 All services provided by the Department shall be conducted
2 pursuant to contracts in accordance with the
3 Intergovernmental Cooperation Act, and all telecommunication
4 services shall be provided pursuant to the provisions of
5 Section 67.18 of this Code.
6 All fees received by the Department of State Police under
7 this Act or the Illinois Uniform Conviction Information Act
8 shall be deposited in a special fund in the State Treasury to
9 be known as the State Police Services Fund. The money
10 deposited in the State Police Services Fund shall be
11 appropriated to the Department of State Police for expenses
12 of the Department of State Police.
13 Upon the completion of any audit of the Department of
14 State Police as prescribed by the Illinois State Auditing
15 Act, which audit includes an audit of the State Police
16 Services Fund, the Department of State Police shall make the
17 audit open to inspection by any interested person.
18 23. To exercise the powers and perform the duties which
19 have been vested in the Department of State Police by the
20 Intergovernmental Missing Child Recovery Act of 1984, and to
21 establish reasonable rules and regulations necessitated
22 thereby.
23 24. (a) To establish and maintain a statewide Law
24 Enforcement Agencies Data System (LEADS) for the purpose of
25 providing electronic access by authorized entities to
26 criminal justice data repositories and effecting an immediate
27 law enforcement response to reports of missing persons,
28 including lost, missing or runaway minors. The Department
29 shall implement an automatic data exchange system to compile,
30 to maintain and to make available to other law enforcement
31 agencies for immediate dissemination data which can assist
32 appropriate agencies in recovering missing persons and
33 provide access by authorized entities to various data
34 repositories available through LEADS for criminal justice and
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1 related purposes. To assist the Department in this effort,
2 funds may be appropriated from the LEADS Maintenance Fund.
3 (b) In exercising its duties under this subsection, the
4 Department shall:
5 (1) provide a uniform reporting format for the
6 entry of pertinent information regarding the report of a
7 missing person into LEADS;
8 (2) develop and implement a policy whereby a
9 statewide or regional alert would be used in situations
10 relating to the disappearances of individuals, based on
11 criteria and in a format established by the Department.
12 Such a format shall include, but not be limited to, the
13 age of the missing person and the suspected circumstance
14 of the disappearance;
15 (3) notify all law enforcement agencies that
16 reports of missing persons shall be entered as soon as
17 the minimum level of data specified by the Department is
18 available to the reporting agency, and that no waiting
19 period for the entry of such data exists;
20 (4) compile and retain information regarding lost,
21 abducted, missing or runaway minors in a separate data
22 file, in a manner that allows such information to be used
23 by law enforcement and other agencies deemed appropriate
24 by the Director, for investigative purposes. Such
25 information shall include the disposition of all reported
26 lost, abducted, missing or runaway minor cases;
27 (5) compile and maintain an historic data
28 repository relating to lost, abducted, missing or runaway
29 minors and other missing persons in order to develop and
30 improve techniques utilized by law enforcement agencies
31 when responding to reports of missing persons; and
32 (6) create a quality control program regarding
33 confirmation of missing person data, timeliness of
34 entries of missing person reports into LEADS and
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1 performance audits of all entering agencies.
2 25. On request of a school board or regional
3 superintendent of schools, to conduct an inquiry pursuant to
4 Section 10-21.9 or 34-18.5 of the School Code to ascertain if
5 an applicant for employment in a school district has been
6 convicted of any criminal or drug offenses enumerated in
7 Section 10-21.9 or 34-18.5 of the School Code. The
8 Department shall furnish such conviction information to the
9 President of the school board of the school district which
10 has requested the information, or if the information was
11 requested by the regional superintendent to that regional
12 superintendent.
13 26. To promulgate rules and regulations necessary for
14 the administration and enforcement of its powers and duties,
15 wherever granted and imposed, pursuant to the Illinois
16 Administrative Procedure Act.
17 27. To (a) promulgate rules pertaining to the
18 certification, revocation of certification and training of
19 law enforcement officers as electronic criminal surveillance
20 officers, (b) provide training and technical assistance to
21 State's Attorneys and local law enforcement agencies
22 pertaining to the interception of private oral
23 communications, (c) promulgate rules necessary for the
24 administration of Article 108B of the Code of Criminal
25 Procedure of 1963, including but not limited to standards for
26 recording and minimization of electronic criminal
27 surveillance intercepts, documentation required to be
28 maintained during an intercept, procedures in relation to
29 evidence developed by an intercept, and (d) charge a
30 reasonable fee to each law enforcement agency that sends
31 officers to receive training as electronic criminal
32 surveillance officers.
33 28. Upon the request of any private organization which
34 devotes a major portion of its time to the provision of
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1 recreational, social, educational or child safety services to
2 children, to conduct, pursuant to positive identification,
3 criminal background investigations of all of that
4 organization's current employees, current volunteers,
5 prospective employees or prospective volunteers charged with
6 the care and custody of children during the provision of the
7 organization's services, and to report to the requesting
8 organization any record of convictions maintained in the
9 Department's files about such persons. The Department shall
10 charge an application fee, based on actual costs, for the
11 dissemination of conviction information pursuant to this
12 subsection. The Department is empowered to establish this
13 fee and shall prescribe the form and manner for requesting
14 and furnishing conviction information pursuant to this
15 subsection. Information received by the organization from the
16 Department concerning an individual shall be provided to such
17 individual. Any such information obtained by the
18 organization shall be confidential and may not be transmitted
19 outside the organization and may not be transmitted to anyone
20 within the organization except as needed for the purpose of
21 evaluating the individual. Only information and standards
22 which bear a reasonable and rational relation to the
23 performance of child care shall be used by the organization.
24 Any employee of the Department or any member, employee or
25 volunteer of the organization receiving confidential
26 information under this subsection who gives or causes to be
27 given any confidential information concerning any criminal
28 convictions of an individual shall be guilty of a Class A
29 misdemeanor unless release of such information is authorized
30 by this subsection.
31 29. Upon the request of the Department of Children and
32 Family Services, to investigate reports of child abuse or
33 neglect.
34 30. To obtain registration of a fictitious vital record
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1 pursuant to Section 15.1 of the Vital Records Act.
2 31. To collect and disseminate information relating to
3 "hate crimes" as defined under Section 12-7.1 of the Criminal
4 Code of 1961 contingent upon the availability of State or
5 Federal funds to revise and upgrade the Illinois Uniform
6 Crime Reporting System. All law enforcement agencies shall
7 report monthly to the Department of State Police concerning
8 such offenses in such form and in such manner as may be
9 prescribed by rules and regulations adopted by the Department
10 of State Police. Such information shall be compiled by the
11 Department and be disseminated upon request to any local law
12 enforcement agency, unit of local government, or state
13 agency. Dissemination of such information shall be subject
14 to all confidentiality requirements otherwise imposed by law.
15 The Department of State Police shall provide training for
16 State Police officers in identifying, responding to, and
17 reporting all hate crimes. The Illinois Law Enforcement
18 Training Standards Board shall develop and certify a course
19 of such training to be made available to local law
20 enforcement officers.
21 32. Upon the request of a private carrier company that
22 provides transportation under Section 28b of the Metropolitan
23 Transit Authority Act, to ascertain if an applicant for a
24 driver position has been convicted of any criminal or drug
25 offense enumerated in Section 28b of the Metropolitan Transit
26 Authority Act. The Department shall furnish the conviction
27 information to the private carrier company that requested the
28 information.
29 33. To apply for grants or contracts, receive, expend,
30 allocate, or disburse funds and moneys made available by
31 public or private entities, including, but not limited to,
32 contracts, bequests, grants, or receiving equipment from
33 corporations, foundations, or public or private institutions
34 of higher learning. All funds received by the Department
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1 from these sources shall be deposited into the appropriate
2 fund in the State Treasury to be appropriated to the
3 Department for purposes as indicated by the grantor or
4 contractor or, in the case of funds or moneys bequeathed or
5 granted for no specific purpose, for any purpose as deemed
6 appropriate by the Director in administering the
7 responsibilities of the Department.
8 34. Upon the request of the Department of Children and
9 Family Services, the Department of State Police shall provide
10 properly designated employees of the Department of Children
11 and Family Services with criminal history record information
12 as defined in the Illinois Uniform Conviction Information Act
13 and information maintained in the Statewide Central Juvenile
14 record system as defined in subdivision (A)19 of this Section
15 if the Department of Children and Family Services determines
16 the information is necessary to perform its duties under the
17 Abused and Neglected Child Reporting Act, the Child Care Act
18 of 1969, and the Children and Family Services Act. The
19 request shall be in the form and manner specified by the
20 Department of State Police.
21 35. The Illinois Department of Public Aid is an
22 authorized entity under this Section for the purpose of
23 exchanging information, in the form and manner required by
24 the Department of State Police, obtaining access to various
25 data repositories available through LEADS, to facilitate the
26 location of individuals for establishing paternity, and
27 establishing, modifying, and enforcing child support
28 obligations, pursuant to the Illinois Public Aid Code and
29 Title IV, Part Section D of the Social Security Act. The
30 Department shall enter into an agreement with the Illinois
31 Department of Public Aid consistent with these purposes.
32 36. Upon request of the Department of Human Services, to
33 conduct an assessment and evaluation of sexually violent
34 persons as mandated by the Sexually Violent Persons
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1 Commitment Act, the Department shall furnish criminal history
2 information maintained on the requested person. The request
3 shall be in the form and manner specified by the Department.
4 (B) The Department of State Police may establish and
5 maintain, within the Department of State Police, a Statewide
6 Organized Criminal Gang Database (SWORD) for the purpose of
7 tracking organized criminal gangs and their memberships.
8 Information in the database may include, but not be limited
9 to, the name, last known address, birth date, physical
10 descriptions (such as scars, marks, or tattoos), officer
11 safety information, organized gang affiliation, and entering
12 agency identifier. The Department may develop, in
13 consultation with the Criminal Justice Information Authority,
14 and in a form and manner prescribed by the Department, an
15 automated data exchange system to compile, to maintain, and
16 to make this information electronically available to
17 prosecutors and to other law enforcement agencies. The
18 information may be used by authorized agencies to combat the
19 operations of organized criminal gangs statewide.
20 (C) The Department of State Police may ascertain the
21 number of bilingual police officers and other personnel
22 needed to provide services in a language other than English
23 and may establish, under applicable personnel rules and
24 Department guidelines or through a collective bargaining
25 agreement, a bilingual pay supplement program.
26 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
27 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
28 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
29 1-21-99.)
30 Section 37. The State Police Act is amended by changing
31 Section 17 as follows:
32 (20 ILCS 2610/17) (from Ch. 121, par. 307.17)
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1 Sec. 17. The Division shall purchase and furnish to the
2 policemen appropriate uniforms including a metal star or
3 badge bearing the words "Illinois State Police",
4 identification, and such vehicles and other equipment as may
5 be necessary.
6 (Source: Laws 1967, p. 69; revised 1-30-99.)
7 Section 38. The Criminal Identification Act is amended
8 by changing Section 5 as follows:
9 (20 ILCS 2630/5) (from Ch. 38, par. 206-5)
10 (Text of Section before amendment by P.A. 90-590)
11 Sec. 5. Arrest reports; expungement.
12 (a) All policing bodies of this State shall furnish to
13 the Department, daily, in the form and detail the Department
14 requires, fingerprints and descriptions of all persons who
15 are arrested on charges of violating any penal statute of
16 this State for offenses that are classified as felonies and
17 Class A or B misdemeanors and of all minors who have been
18 arrested or taken into custody before their 17th birthday for
19 an offense that if committed by an adult would constitute the
20 offense of unlawful use of weapons under Article 24 of the
21 Criminal Code of 1961, a forcible felony as defined in
22 Section 2-8 of the Criminal Code of 1961, or a Class 2 or
23 greater felony under the Cannabis Control Act, the Illinois
24 Controlled Substances Act, or Chapter 4 of the Illinois
25 Vehicle Code. Moving or nonmoving traffic violations under
26 the Illinois Vehicle Code shall not be reported except for
27 violations of Chapter 4, Section 11-204.1, or Section 11-501
28 of that Code. In addition, conservation offenses, as defined
29 in the Supreme Court Rule 501(c), that are classified as
30 Class B misdemeanors shall not be reported.
31 Whenever an adult or minor prosecuted as an adult, not
32 having previously been convicted of any criminal offense or
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1 municipal ordinance violation, charged with a violation of a
2 municipal ordinance or a felony or misdemeanor, is acquitted
3 or released without being convicted, whether the acquittal or
4 release occurred before, on, or after the effective date of
5 this amendatory Act of 1991, the Chief Judge of the circuit
6 wherein the charge was brought, any judge of that circuit
7 designated by the Chief Judge, or in counties of less than
8 3,000,000 inhabitants, the presiding trial judge at the
9 defendant's trial may upon verified petition of the defendant
10 order the record of arrest expunged from the official records
11 of the arresting authority and the Department and order that
12 the records of the clerk of the circuit court be sealed until
13 further order of the court upon good cause shown and the name
14 of the defendant obliterated on the official index required
15 to be kept by the circuit court clerk under Section 16 of the
16 Clerks of Courts Act, but the order shall not affect any
17 index issued by the circuit court clerk before the entry of
18 the order. The Department may charge the petitioner a fee
19 equivalent to the cost of processing any order to expunge or
20 seal the records, and the fee shall be deposited into the
21 State Police Services Fund. The records of those arrests,
22 however, that result in a disposition of supervision for any
23 offense shall not be expunged from the records of the
24 arresting authority or the Department nor impounded by the
25 court until 2 years after discharge and dismissal of
26 supervision. Those records that result from a supervision
27 for a violation of Section 3-707, 3-708, 3-710, 5-401.3, or
28 11-503 of the Illinois Vehicle Code or a similar provision of
29 a local ordinance, or for a violation of Section 12-3.2,
30 12-15 or 16A-3 of the Criminal Code of 1961, or probation
31 under Section 10 of the Cannabis Control Act, Section 410 of
32 the Illinois Controlled Substances Act, Section 12-4.3(b)(1)
33 and (2) of the Criminal Code of 1961 (as those provisions
34 existed before their deletion by Public Act 89-313), Section
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1 10-102 of the Illinois Alcoholism and Other Drug Dependency
2 Act when the judgment of conviction has been vacated, Section
3 40-10 of the Alcoholism and Other Drug Abuse and Dependency
4 Act when the judgment of conviction has been vacated, or
5 Section 10 of the Steroid Control Act shall not be expunged
6 from the records of the arresting authority nor impounded by
7 the court until 5 years after termination of probation or
8 supervision. Those records that result from a supervision for
9 a violation of Section 11-501 of the Illinois Vehicle Code or
10 a similar provision of a local ordinance, shall not be
11 expunged. All records set out above may be ordered by the
12 court to be expunged from the records of the arresting
13 authority and impounded by the court after 5 years, but shall
14 not be expunged by the Department, but shall, on court order
15 be sealed by the Department and may be disseminated by the
16 Department only as required by law or to the arresting
17 authority, the State's Attorney, and the court upon a later
18 arrest for the same or a similar offense or for the purpose
19 of sentencing for any subsequent felony. Upon conviction for
20 any offense, the Department of Corrections shall have access
21 to all sealed records of the Department pertaining to that
22 individual.
23 (b) Whenever a person has been convicted of a crime or
24 of the violation of a municipal ordinance, in the name of a
25 person whose identity he has stolen or otherwise come into
26 possession of, the aggrieved person from whom the identity
27 was stolen or otherwise obtained without authorization, upon
28 learning of the person having been arrested using his
29 identity, may, upon verified petition to the chief judge of
30 the circuit wherein the arrest was made, have a court order
31 entered nunc pro tunc by the chief judge to correct the
32 arrest record, conviction record, if any, and all official
33 records of the arresting authority, the Department, other
34 criminal justice agencies, the prosecutor, and the trial
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1 court concerning such arrest, if any, by removing his name
2 from all such records in connection with the arrest and
3 conviction, if any, and by inserting in the records the name
4 of the offender, if known or ascertainable, in lieu of the
5 aggrieved's name. The records of the clerk of the circuit
6 court clerk shall be sealed until further order of the court
7 upon good cause shown and the name of the aggrieved person
8 obliterated on the official index required to be kept by the
9 circuit court clerk under Section 16 of the Clerks of Courts
10 Act, but the order shall not affect any index issued by the
11 circuit court clerk before the entry of the order. Nothing in
12 this Section shall limit the Department of State Police or
13 other criminal justice agencies or prosecutors from listing
14 under an offender's name the false names he or she has used.
15 For purposes of this Section, convictions for moving and
16 nonmoving traffic violations other than convictions for
17 violations of Chapter 4, Section 11-204.1 or Section 11-501
18 of the Illinois Vehicle Code shall not be a bar to expunging
19 the record of arrest and court records for violation of a
20 misdemeanor or municipal ordinance.
21 (c) Whenever a person who has been convicted of an
22 offense is granted a pardon by the Governor which
23 specifically authorizes expungement, he may, upon verified
24 petition to the chief judge of the circuit where the person
25 had been convicted, any judge of the circuit designated by
26 the Chief Judge, or in counties of less than 3,000,000
27 inhabitants, the presiding trial judge at the defendant's
28 trial, may have a court order entered expunging the record of
29 arrest from the official records of the arresting authority
30 and order that the records of the clerk of the circuit court
31 and the Department be sealed until further order of the court
32 upon good cause shown or as otherwise provided herein, and
33 the name of the defendant obliterated from the official index
34 requested to be kept by the circuit court clerk under Section
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1 16 of the Clerks of Courts Act in connection with the arrest
2 and conviction for the offense for which he had been pardoned
3 but the order shall not affect any index issued by the
4 circuit court clerk before the entry of the order. All
5 records sealed by the Department may be disseminated by the
6 Department only as required by law or to the arresting
7 authority, the State's States Attorney, and the court upon a
8 later arrest for the same or similar offense or for the
9 purpose of sentencing for any subsequent felony. Upon
10 conviction for any subsequent offense, the Department of
11 Corrections shall have access to all sealed records of the
12 Department pertaining to that individual. Upon entry of the
13 order of expungement, the clerk of the circuit court shall
14 promptly mail a copy of the order to the person who was
15 pardoned.
16 (d) Notice of the petition for subsections (a), (b), and
17 (c) shall be served upon the State's Attorney or prosecutor
18 charged with the duty of prosecuting the offense, the
19 Department of State Police, the arresting agency and the
20 chief legal officer of the unit of local government affecting
21 the arrest. Unless the State's Attorney or prosecutor, the
22 Department of State Police, the arresting agency or such
23 chief legal officer objects to the petition within 30 days
24 from the date of the notice, the court shall enter an order
25 granting or denying the petition. The clerk of the court
26 shall promptly mail a copy of the order to the person, the
27 arresting agency, the prosecutor, the Department of State
28 Police and such other criminal justice agencies as may be
29 ordered by the judge.
30 (e) Nothing herein shall prevent the Department of State
31 Police from maintaining all records of any person who is
32 admitted to probation upon terms and conditions and who
33 fulfills those terms and conditions pursuant to Section 10 of
34 the Cannabis Control Act, Section 410 of the Illinois
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1 Controlled Substances Act, Section 12-4.3 of the Criminal
2 Code of 1961, Section 10-102 of the Illinois Alcoholism and
3 Other Drug Dependency Act, Section 40-10 of the Alcoholism
4 and Other Drug Abuse and Dependency Act, or Section 10 of the
5 Steroid Control Act.
6 (f) No court order issued pursuant to the expungement
7 provisions of this Section shall become final for purposes of
8 appeal until 30 days after notice is received by the
9 Department. Any court order contrary to the provisions of
10 this Section is void.
11 (g) The court shall not order the sealing or expungement
12 of the arrest records and records of the circuit court clerk
13 of any person granted supervision for or convicted of any
14 sexual offense committed against a minor under 18 years of
15 age. For the purposes of this Section, "sexual offense
16 committed against a minor" includes but is not limited to the
17 offenses of indecent solicitation of a child or criminal
18 sexual abuse when the victim of such offense is under 18
19 years of age.
20 (Source: P.A. 88-45; 88-77; 88-670, eff. 12-2-94; 88-679,
21 eff. 7-1-95; 89-637, eff. 1-1-97; 89-689, eff. 12-31-96.)
22 (Text of Section after amendment by P.A. 90-590)
23 Sec. 5. Arrest reports; expungement.
24 (a) All policing bodies of this State shall furnish to
25 the Department, daily, in the form and detail the Department
26 requires, fingerprints and descriptions of all persons who
27 are arrested on charges of violating any penal statute of
28 this State for offenses that are classified as felonies and
29 Class A or B misdemeanors and of all minors of the age of 10
30 and over who have been arrested for an offense which would be
31 a felony if committed by an adult, and may forward such
32 fingerprints and descriptions for minors arrested for Class A
33 or B misdemeanors. Moving or nonmoving traffic violations
34 under the Illinois Vehicle Code shall not be reported except
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1 for violations of Chapter 4, Section 11-204.1, or Section
2 11-501 of that Code. In addition, conservation offenses, as
3 defined in the Supreme Court Rule 501(c), that are classified
4 as Class B misdemeanors shall not be reported.
5 Whenever an adult or minor prosecuted as an adult, not
6 having previously been convicted of any criminal offense or
7 municipal ordinance violation, charged with a violation of a
8 municipal ordinance or a felony or misdemeanor, is acquitted
9 or released without being convicted, whether the acquittal or
10 release occurred before, on, or after the effective date of
11 this amendatory Act of 1991, the Chief Judge of the circuit
12 wherein the charge was brought, any judge of that circuit
13 designated by the Chief Judge, or in counties of less than
14 3,000,000 inhabitants, the presiding trial judge at the
15 defendant's trial may upon verified petition of the defendant
16 order the record of arrest expunged from the official records
17 of the arresting authority and the Department and order that
18 the records of the clerk of the circuit court be sealed until
19 further order of the court upon good cause shown and the name
20 of the defendant obliterated on the official index required
21 to be kept by the circuit court clerk under Section 16 of the
22 Clerks of Courts Act, but the order shall not affect any
23 index issued by the circuit court clerk before the entry of
24 the order. The Department may charge the petitioner a fee
25 equivalent to the cost of processing any order to expunge or
26 seal the records, and the fee shall be deposited into the
27 State Police Services Fund. The records of those arrests,
28 however, that result in a disposition of supervision for any
29 offense shall not be expunged from the records of the
30 arresting authority or the Department nor impounded by the
31 court until 2 years after discharge and dismissal of
32 supervision. Those records that result from a supervision
33 for a violation of Section 3-707, 3-708, 3-710, 5-401.3, or
34 11-503 of the Illinois Vehicle Code or a similar provision of
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1 a local ordinance, or for a violation of Section 12-3.2,
2 12-15 or 16A-3 of the Criminal Code of 1961, or probation
3 under Section 10 of the Cannabis Control Act, Section 410 of
4 the Illinois Controlled Substances Act, Section 12-4.3(b)(1)
5 and (2) of the Criminal Code of 1961 (as those provisions
6 existed before their deletion by Public Act 89-313), Section
7 10-102 of the Illinois Alcoholism and Other Drug Dependency
8 Act when the judgment of conviction has been vacated, Section
9 40-10 of the Alcoholism and Other Drug Abuse and Dependency
10 Act when the judgment of conviction has been vacated, or
11 Section 10 of the Steroid Control Act shall not be expunged
12 from the records of the arresting authority nor impounded by
13 the court until 5 years after termination of probation or
14 supervision. Those records that result from a supervision
15 for a violation of Section 11-501 of the Illinois Vehicle
16 Code or a similar provision of a local ordinance, shall not
17 be expunged. All records set out above may be ordered by the
18 court to be expunged from the records of the arresting
19 authority and impounded by the court after 5 years, but shall
20 not be expunged by the Department, but shall, on court order
21 be sealed by the Department and may be disseminated by the
22 Department only as required by law or to the arresting
23 authority, the State's Attorney, and the court upon a later
24 arrest for the same or a similar offense or for the purpose
25 of sentencing for any subsequent felony. Upon conviction for
26 any offense, the Department of Corrections shall have access
27 to all sealed records of the Department pertaining to that
28 individual.
29 (a-5) Those records maintained by the Department for
30 persons arrested prior to their 17th birthday shall be
31 expunged as provided in Section 5-915 of the Juvenile Court
32 Act of 1987.
33 (b) Whenever a person has been convicted of a crime or
34 of the violation of a municipal ordinance, in the name of a
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1 person whose identity he has stolen or otherwise come into
2 possession of, the aggrieved person from whom the identity
3 was stolen or otherwise obtained without authorization, upon
4 learning of the person having been arrested using his
5 identity, may, upon verified petition to the chief judge of
6 the circuit wherein the arrest was made, have a court order
7 entered nunc pro tunc by the chief judge to correct the
8 arrest record, conviction record, if any, and all official
9 records of the arresting authority, the Department, other
10 criminal justice agencies, the prosecutor, and the trial
11 court concerning such arrest, if any, by removing his name
12 from all such records in connection with the arrest and
13 conviction, if any, and by inserting in the records the name
14 of the offender, if known or ascertainable, in lieu of the
15 has name. The records of the clerk of the circuit court
16 clerk shall be sealed until further order of the court upon
17 good cause shown and the name of the aggrieved person
18 obliterated on the official index required to be kept by the
19 circuit court clerk under Section 16 of the Clerks of Courts
20 Act, but the order shall not affect any index issued by the
21 circuit court clerk before the entry of the order. Nothing in
22 this Section shall limit the Department of State Police or
23 other criminal justice agencies or prosecutors from listing
24 under an offender's name the false names he or she has used.
25 For purposes of this Section, convictions for moving and
26 nonmoving traffic violations other than convictions for
27 violations of Chapter 4, Section 11-204.1 or Section 11-501
28 of the Illinois Vehicle Code shall not be a bar to expunging
29 the record of arrest and court records for violation of a
30 misdemeanor or municipal ordinance.
31 (c) Whenever a person who has been convicted of an
32 offense is granted a pardon by the Governor which
33 specifically authorizes expungement, he may, upon verified
34 petition to the chief judge of the circuit where the person
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1 had been convicted, any judge of the circuit designated by
2 the Chief Judge, or in counties of less than 3,000,000
3 inhabitants, the presiding trial judge at the defendant's
4 trial, may have a court order entered expunging the record of
5 arrest from the official records of the arresting authority
6 and order that the records of the clerk of the circuit court
7 and the Department be sealed until further order of the court
8 upon good cause shown or as otherwise provided herein, and
9 the name of the defendant obliterated from the official index
10 requested to be kept by the circuit court clerk under Section
11 16 of the Clerks of Courts Act in connection with the arrest
12 and conviction for the offense for which he had been pardoned
13 but the order shall not affect any index issued by the
14 circuit court clerk before the entry of the order. All
15 records sealed by the Department may be disseminated by the
16 Department only as required by law or to the arresting
17 authority, the State's States Attorney, and the court upon a
18 later arrest for the same or similar offense or for the
19 purpose of sentencing for any subsequent felony. Upon
20 conviction for any subsequent offense, the Department of
21 Corrections shall have access to all sealed records of the
22 Department pertaining to that individual. Upon entry of the
23 order of expungement, the clerk of the circuit court shall
24 promptly mail a copy of the order to the person who was
25 pardoned.
26 (d) Notice of the petition for subsections (a), (b), and
27 (c) shall be served upon the State's Attorney or prosecutor
28 charged with the duty of prosecuting the offense, the
29 Department of State Police, the arresting agency and the
30 chief legal officer of the unit of local government affecting
31 the arrest. Unless the State's Attorney or prosecutor, the
32 Department of State Police, the arresting agency or such
33 chief legal officer objects to the petition within 30 days
34 from the date of the notice, the court shall enter an order
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1 granting or denying the petition. The clerk of the court
2 shall promptly mail a copy of the order to the person, the
3 arresting agency, the prosecutor, the Department of State
4 Police and such other criminal justice agencies as may be
5 ordered by the judge.
6 (e) Nothing herein shall prevent the Department of State
7 Police from maintaining all records of any person who is
8 admitted to probation upon terms and conditions and who
9 fulfills those terms and conditions pursuant to Section 10 of
10 the Cannabis Control Act, Section 410 of the Illinois
11 Controlled Substances Act, Section 12-4.3 of the Criminal
12 Code of 1961, Section 10-102 of the Illinois Alcoholism and
13 Other Drug Dependency Act, Section 40-10 of the Alcoholism
14 and Other Drug Abuse and Dependency Act, or Section 10 of the
15 Steroid Control Act.
16 (f) No court order issued pursuant to the expungement
17 provisions of this Section shall become final for purposes of
18 appeal until 30 days after notice is received by the
19 Department. Any court order contrary to the provisions of
20 this Section is void.
21 (g) The court shall not order the sealing or expungement
22 of the arrest records and records of the circuit court clerk
23 of any person granted supervision for or convicted of any
24 sexual offense committed against a minor under 18 years of
25 age. For the purposes of this Section, "sexual offense
26 committed against a minor" includes but is not limited to the
27 offenses of indecent solicitation of a child or criminal
28 sexual abuse when the victim of such offense is under 18
29 years of age.
30 (Source: P.A. 89-637, eff. 1-1-97; 89-689, eff. 12-31-96;
31 90-590, eff. 1-1-00; revised 10-31-98.)
32 Section 39. The Illinois Uniform Conviction Information
33 Act is amended by changing Section 9 as follows:
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1 (20 ILCS 2635/9) (from Ch. 38, par. 1609)
2 Sec. 9. Procedural Requirements for Disseminating
3 Conviction Information.
4 (A) In accordance with the time parameters of Section 6
5 and the requirements of subsection subsections (B) and (C) of
6 this Section 9, the Department shall either: (1) transmit
7 conviction information to the requester, including an
8 explanation of any code or abbreviation; (2) explain to the
9 requester why the information requested cannot be
10 transmitted; or (3) inform the requester of any deficiency in
11 the request.
12 (B) Prior to a non-automated dissemination or within 30
13 days subsequent to an automated dissemination made pursuant
14 to this Act, the Department shall first conduct a formal
15 update inquiry and review to make certain that the
16 information disseminated is complete, except (1) in cases of
17 exigency, (2) upon request of another criminal justice
18 agency, (3) for conviction information that is less than 30
19 days old, or (4) for information intentionally fabricated
20 upon the express written authorization of the Director of
21 State Police to support undercover law enforcement efforts.
22 It shall be the responsibility of the Department to
23 retain a record of every extra-agency dissemination of
24 conviction information for a period of not less than 3 years.
25 Such records shall be subject to audit by the Department, and
26 shall, upon request, be supplied to the individual to whom
27 the information pertains for requests from members of the
28 general public, corporations, organizations, employers,
29 employment agencies, labor organizations and non-criminal
30 justice agencies. At a minimum, the following information
31 shall be recorded and retained by the Department:
32 (1) The name of the individual to whom the
33 disseminated information pertains;
34 (2) The name of the individual requesting the
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1 information;
2 (3) The date of the request;
3 (4) The name and address of the private individual,
4 corporation, organization, employer, employment agency,
5 labor organization or non-criminal justice agency
6 receiving the information; and
7 (5) The date of the dissemination.
8 (Source: P.A. 88-368; revised 10-31-98.)
9 Section 40. The Civil Administrative Code of Illinois is
10 amended by changing Section 49.16 as follows:
11 (20 ILCS 2705/49.16) (from Ch. 127, par. 49.16)
12 Sec. 49.16. Master plan; reporting requirements.
13 (a) To develop and maintain a continuing, comprehensive
14 and integrated planning process which shall develop and
15 periodically revise a statewide master plan for
16 transportation to guide program development and to foster
17 efficient and economical transportation services in ground,
18 air, water and all other modes of transportation throughout
19 the state. The Department shall coordinate its
20 transportation planning activities with those of other state
21 agencies and authorities, and shall supervise and review any
22 transportation planning performed by other Executive agencies
23 under the direction of the Governor. The Department shall
24 cooperate and participate with federal, regional, interstate,
25 state, and local agencies, in accordance with Sections 5-301
26 and 7-301 of the Illinois Highway Code, and with interested
27 private individuals and organizations, in the coordination of
28 plans and policies for development of the state's
29 transportation system.
30 To meet the provisions of this Section, the Department
31 shall publish and deliver to the Governor and General
32 Assembly by January 1, 1982 and every 2 years thereafter, its
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1 master plan for highway, waterway, aeronautic, mass
2 transportation and railroad systems. The plan shall identify
3 priority subsystems or components of each system which are
4 critical to the economic and general welfare of this State
5 regardless of public jurisdictional responsibility or private
6 ownership.
7 The master plan shall provide particular emphasis and
8 detail of the 5 year period in the immediate future.
9 Annual and 5 year project programs for each State system
10 in this Section shall be published and furnished the General
11 Assembly on the first Wednesday in April of each year.
12 Identified needs included in the project programs shall
13 be listed and mapped in a distinctive fashion to clearly
14 identify the priority status of the projects: (1) projects to
15 be committed for execution; (2) tentative projects which are
16 dependent upon funding or other constraints; and (3) needed
17 projects which are not programmed due to lack of funding or
18 other constraints.
19 All projects shall be related to the priority systems of
20 the master plan, and the priority criteria identified. Cost
21 and estimated completion dates shall be included for work
22 required to complete a useable segment or component beyond
23 the 5 year period of the program.
24 (b) The Department shall publish and deliver to the
25 Governor and General Assembly on the first Wednesday in April
26 of each year a 5-year Highway Improvement Program reporting
27 the number of fiscal years each project has been on previous
28 5-year plans submitted by the Department.
29 (c) The Department shall publish and deliver to the
30 Governor and the General Assembly by November 1 of each year
31 a For the Record report that shall include the following:
32 (1) all the projects accomplished in the previous
33 fiscal year listed by each Illinois Department of
34 Transportation District; and
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1 (2) the award cost and the beginning dates of each
2 listed project.
3 (Source: P.A. 90-277, eff. 1-1-98; revised 10-31-98.)
4 Section 41. The Illinois Development Finance Authority
5 Act is amended by changing Sections 7.28 and 7.53 as follows:
6 (20 ILCS 3505/7.28) (from Ch. 48, par. 850.07s)
7 Sec. 7.28. Documentary materials concerning trade
8 secrets; Commercial or financial information; Confidentiality
9 Confidentially. Any documentary materials or data made or
10 received by any member, agent or employee of the Authority,
11 to the extent that such material or data consist of trade
12 secrets, commercial or financial information regarding the
13 operation of any enterprise conducted by an applicant for, or
14 recipient of, any form of assistance which the Authority is
15 empowered to render, or regarding the competitive position of
16 such enterprise in a particular field of endeavor, shall not
17 be deemed public records; provided, however, that if the
18 Authority purchases a qualified security from such
19 enterprise, the commercial and financial information,
20 excluding trade secrets, shall be deemed to become a public
21 record of the Authority after the expiration of 3 years from
22 the date of purchase of such qualified security, or, in the
23 case of such information made or received by any member,
24 agent or employee of the Authority after the purchase of such
25 qualified security, 3 years from the date such information
26 was made or received. Any discussion or consideration of such
27 trade secrets or commercial or financial information may be
28 held by the Authority in executive sessions closed to the
29 public, notwithstanding the provisions of the Open Meetings
30 Act; provided, however, that the purpose of any such
31 executive session shall be set forth in the official minutes
32 of the Authority and business which is not related to such
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1 purpose shall not be transacted, nor shall any vote be taken
2 during such executive sessions.
3 (Source: P.A. 88-665, eff. 9-16-94; revised 10-31-98.)
4 (20 ILCS 3505/7.53) (from Ch. 48, par. 850.07z9)
5 Sec. 7.53. Powers and duties; Illinois Local Government
6 Financing Assistance Program. The Authority has the power:
7 (a) To purchase from time to time pursuant to negotiated
8 sale or to otherwise acquire from time to time any local
9 government securities issued by one or more units of local
10 government upon such terms and conditions as the Authority
11 may prescribe;
12 (b) To issue bonds in one or more series pursuant to one
13 or more resolutions of the Authority for any purpose
14 authorized under Sections 7.50 through 7.61 of this Act,
15 including without limitation purchasing or acquiring local
16 government securities, providing for the payment of any
17 interest deemed necessary on such bonds, paying for the cost
18 of issuance of such bonds, providing for the payment of the
19 cost of any guarantees, letters of credit, insurance
20 contracts or other similar credit support or liquidity
21 instruments, or providing for the funding of any reserves
22 deemed necessary in connection with such bonds and refunding
23 or advance refunding of any such bonds and the interest and
24 any premium thereon, pursuant to paragraph (c) of Section 7
25 of this Act;
26 (c) To provide for the funding of any reserves or other
27 funds or accounts deemed necessary by the Authority in
28 connection with any bonds issued by the Authority or local
29 government securities purchased or otherwise acquired by the
30 Authority;
31 (d) To pledge any local government security, including
32 any payments thereon, and any other funds of the Authority or
33 funds made available to the Authority which may be applied to
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1 such purpose, as security for any bonds or any guarantees,
2 letters of credit, insurance contracts or similar credit
3 support or liquidity instruments securing the bonds;
4 (e) To enter into agreements or contracts with third
5 parties, whether public or private, including without
6 limitation the United States of America, the State, or any
7 department or agency thereof to obtain any appropriations,
8 grants, loans or guarantees which are deemed necessary or
9 desirable by the Authority. Any such guarantee, agreement or
10 contract may contain terms and provisions necessary or
11 desirable in connection with the program, subject to the
12 requirements established by Sections 7.50 through 7.61 of
13 this Act;
14 (f) To charge reasonable fees to defray the cost of
15 obtaining letters of credit, insurance contracts or other
16 similar documents, and to charge such other reasonable fees
17 to defray the cost of trustees, depositories, paying agents,
18 bond registrars, escrow agents and other administrative
19 expenses. Any such fees shall be payable by units of local
20 government whose local government securities are purchased or
21 otherwise acquired by the Authority pursuant to Sections 7.50
22 through 7.61 of this Act, in such amounts and at such times
23 as the Authority shall determine, and the amount of the fees
24 need not be uniform among the various units of local
25 government whose local government securities are purchased or
26 otherwise acquired by the Authority pursuant to Sections 7.50
27 through 7.61 of this Act;
28 (g) To obtain and maintain guarantees, letters of
29 credit, insurance contracts or similar credit support or
30 liquidity instruments which are deemed necessary or desirable
31 in connection with any bonds or other obligations of the
32 Authority or any local government securities;
33 (h) To establish application fees and other service fees
34 and prescribe application, notification, contract, agreement,
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1 security and insurance forms and rules and regulations it
2 deems necessary or appropriate;
3 (i) To provide technical assistance, at the request of
4 any unit of local government, with respect to the financing
5 or refinancing for any public purpose. In fulfillment of
6 this purpose, the Authority may request assistance from the
7 Department as necessary; any unit of local government that is
8 experiencing either a financial emergency as defined in the
9 Local Government Financial Planning and Supervision Act or a
10 condition of fiscal crisis evidenced by an impaired ability
11 to obtain financing for its public purpose projects from
12 traditional financial channels or impaired ability to fully
13 fund its obligations to fire, police and municipal employee
14 pension funds, or to bond payments or reserves, may request
15 technical assistance from the Authority in the form of a
16 diagnostic evaluation of its financial condition;
17 (j) To purchase any obligations of the Authority issued
18 pursuant to Sections 7.50 through 7.61 of this Act;
19 (k) To sell, transfer or otherwise dispose of local
20 government securities purchased or otherwise acquired by the
21 Authority pursuant to Sections 7.50 through 7.61 of this Act,
22 including without limitation, the sale, transfer or other
23 disposition of undivided fractionalized interests in the
24 right to receive payments of principal and premium, if any,
25 or the right to receive payments of interest or the right to
26 receive payments of principal of and premium, if any, and
27 interest on pools of such local government securities;
28 (l) To acquire, purchase, lease, sell, transfer and
29 otherwise dispose of real and personal property, or any
30 interest therein, and to issue its bonds and enter into
31 leases, contracts and other agreements with units of local
32 government in connection with such acquisitions, purchases,
33 leases, sales and other dispositions of such real and
34 personal property;
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1 (m) To make loans to banks, savings and loans and other
2 financial institutions for the purpose of purchasing or
3 otherwise acquiring local government securities, and to issue
4 its bonds, and enter into agreements and contracts in
5 connection with such loans;
6 (n) To enter into agreements or contracts with any
7 person necessary or appropriate to place the payment
8 obligations of the Authority under any of its bonds in whole
9 or in part on any interest rate basis, cash flow basis, or
10 other basis desired by the Authority, including without
11 limitation agreements or contracts commonly known as
12 "interest rate swap agreements", "forward payment conversion
13 agreements", and "futures", or agreements or contracts
14 providing for payments based on levels of or changes in
15 interest rates, or agreements or contracts to exchange cash
16 flows or a series of payments, or agreements or contracts,
17 including without limitation agreements or contracts commonly
18 known as "options", "puts" or "calls", to hedge payment, rate
19 spread, or similar exposure; provided, that any such
20 agreement or contract shall not constitute an obligation for
21 borrowed money, and shall not be taken into account under
22 Section 7.56a of this Act or any other debt limit of the
23 Authority or the State of Illinois;
24 (o) To make and enter into all other agreements and
25 contracts and execute all instruments necessary or incidental
26 to performance of its duties and the execution of its powers
27 under Sections 7.50 through 7.61 of this Act; and
28 (p) To contract for and finance the costs of energy
29 audits, project-specific engineering and design
30 specifications, and any other related analyses preliminary to
31 an energy conservation project; and, to contract for and
32 finance the cost of project monitoring and data collection to
33 verify post-installation energy consumption and
34 energy-related operating costs. Any such contract shall be
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1 executed only after it has been jointly negotiated by the
2 Authority and the Department of Commerce and Community
3 Affairs; and.
4 (q) To exercise such other powers as are necessary or
5 incidental to the foregoing.
6 (Source: P.A. 88-519; 89-445, eff. 2-7-96; revised 10-31-98.)
7 Section 42. The Illinois Human Resource Investment
8 Council Act is amended by changing the title of the Act as
9 follows:
10 (20 ILCS 3975/Act title)
11 An Act to create the Illinois Human Resource Investment
12 Job Training Coordinating Council.
13 Section 43. The Law Enforcement and Fire Fighting Medal
14 of Honor Act is amended by changing Section 2001 as follows:
15 (20 ILCS 3985/2001) (from Ch. 127, par. 3852-1)
16 Sec. 2001. There is created the Law Enforcement Medal of
17 Honor Committee, referred to in this Article as the
18 Committee. The Committee shall consist of the Director of
19 the Department of State Police, the Superintendent of the
20 Chicago Police Department, the Executive Director of the
21 Illinois Local Governmental Law Enforcement Officer's
22 Training Standards Board, and the following persons appointed
23 by the Governor: a sheriff, a chief of police from other
24 than Chicago, a representative of a statewide law enforcement
25 officer organization and a retired Illinois law enforcement
26 officer. Of the appointed members, the sheriff and police
27 chief shall each serve a 2-year term and the organization
28 representative and retired officer shall each serve a
29 one-year term. The Governor shall appoint initial members
30 within 3 months of the effective date of this Act.
31 Members of the Committee shall serve without compensation
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1 but shall be reimbursed for actual expenses incurred in the
2 performance of their duties from funds appropriated to the
3 Office of the Governor for such purpose.
4 (Source: P.A. 86-1230; revised 7-10-98.)
5 Section 44. The Prairie State 2000 Authority Act is
6 amended by changing Section 14 as follows:
7 (20 ILCS 4020/14) (from Ch. 48, par. 1514)
8 Sec. 14. Qualification for Benefits. An individual is
9 entitled to receive benefits under this Act if it is
10 determined that:
11 (a) the individual is (i) within a benefit year as
12 defined in the Unemployment Insurance Act or has been
13 employed as defined under Section 206 of the Unemployment
14 Insurance Act a minimum of 3 of the 10 years previous to
15 the date of an application for benefits; or (ii) is
16 employed but is in need of additional skills for
17 continued employment and would be determined to meet the
18 requirements of the Unemployment Insurance Act to
19 establish a benefit year if such individual became
20 unemployed through a lack of suitable work opportunities;
21 or (iii) is certified to be a dislocated worker under the
22 federal Job Training Partnership Act or any successor
23 federal Act; and
24 (b) the individual has enrolled in a job-linked
25 program at a qualified institution, which program has
26 been certified by the Board as eligible for reimbursement
27 through issuance of vouchers from the Prairie State 2000
28 Fund; and established vocational goals directed toward
29 the acquisition of marketable skills relevant to current
30 local labor market needs by means of individual or
31 multi-course programs which may contain either remedial
32 or academic components; and.
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1 (c) the individual has not been issued vouchers in
2 the maximum amount authorized under Section 15 within the
3 24 months previous to the pending determination that he
4 or she is eligible for receipt of benefits under this
5 Section and the individual is not receiving funds for a
6 job training program under the federal Job Training
7 Partnership Act.
8 (Source: P.A. 85-401; revised 10-31-98.)
9 Section 45. The Compensation Review Act is amended by
10 changing Section 2 as follows:
11 (25 ILCS 120/2) (from Ch. 63, par. 902)
12 Sec. 2. There is created the Compensation Review Board,
13 hereinafter thereinafter referred to as the Board.
14 The Board shall consist of l2 members, appointed 3 each
15 by the Speaker of the House of Representatives, the Minority
16 Leader thereof, the President of the Senate, and the Minority
17 Leader thereof. Members shall be adults and be residents of
18 Illinois. Members may not be members or employees or former
19 members or employees of the judicial, executive or
20 legislative branches of State government; nor may members be
21 persons registered under the Lobbyist Registration Act. Any
22 member may be reappointed for a consecutive term but no
23 member may serve for more than 10 years total on the Board.
24 The respective appointing legislative leader may remove any
25 such appointed member prior to the expiration of his term on
26 the Board for official misconduct, incompetence or neglect of
27 duty.
28 Members shall serve without compensation but shall
29 receive an allowance for living expenses incurred in the
30 performance of their official duties in an amount per day
31 equal to the amount permitted to be deducted for such
32 expenses by members of the General Assembly under the federal
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1 Internal Revenue Code, as now or hereafter amended. The rate
2 for reimbursement of mileage expenses shall be equal to the
3 amount established from time to time for members of the
4 General Assembly. The Board may, without regard to the
5 Personnel Code, employ and fix the compensation or
6 remuneration of employees as it considers necessary or
7 desirable. The General Assembly shall appropriate the funds
8 necessary to operate the Board.
9 (Source: P.A. 86-1481; revised 10-31-98.)
10 Section 46. The Legislative Commission Reorganization
11 Act of 1984 is amended by changing Section 1-4 as follows:
12 (25 ILCS 130/1-4) (from Ch. 63, par. 1001-4)
13 Sec. 1-4. In addition to its general policy making and
14 coordinating responsibilities for the legislative support
15 services agencies, the Joint Committee on Legislative Support
16 Services shall have the following powers and duties with
17 respect to such agencies:
18 (1) To approve the executive director pursuant to
19 Section 1-5(e);
20 (2) To establish uniform hiring practices and personnel
21 procedures, including affirmative action, to assure equality
22 of employment opportunity;
23 (3) To establish uniform contract procedures, including
24 affirmative action, to assure equality in the awarding of
25 contracts, and to maintain a list of all contracts entered
26 into;
27 (4) To establish uniform travel regulations and approve
28 all travel outside the State of Illinois;
29 (5) To coordinate all leases and rental of real
30 property;
31 (6) Except as otherwise expressly provided by law, to
32 coordinate and serve as the agency authorized to assign
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1 studies to be performed by any legislative support services
2 agency. Any study requested by resolution or joint resolution
3 of either house of the General Assembly shall be subject to
4 the powers of the Joint Committee to allocate resources
5 available to the General Assembly hereunder; provided,
6 however, that nothing herein shall be construed to preclude
7 the participation by public members in such studies or
8 prohibit their reimbursement for reasonable and necessary
9 expenses in connection therewith;
10 (7) To make recommendations to the General Assembly
11 regarding the continuance of the various committees, boards
12 and commissions that are the subject of the statutory
13 provisions repealed March 31, 1985, under Article 11 of this
14 Act;
15 (8) To assist the Auditor General as necessary to assure
16 the orderly and efficient termination of the various
17 committees, boards and commissions that are subject to
18 Article 12 of this Act;
19 (9) To consider and make recommendations to the General
20 Assembly regarding further reorganization of the legislative
21 support services agencies, and other legislative committees,
22 boards and commissions, as it may from time to time determine
23 to be necessary;
24 (10) To consider and recommend a comprehensive
25 transition plan for the legislative support services
26 agencies, including but not limited to issues such as the
27 consolidation of the organizational structure, centralization
28 or decentralization of staff, appropriate level of member
29 participation, guidelines for policy development, further
30 reductions which may be necessary, and measures which can be
31 taken to improve efficiency, and ensure accountability. To
32 assist in such recommendations the Joint Committee may
33 appoint an Advisory Group. Recommendations of the Joint
34 Committee shall be reported to the members of the General
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1 Assembly no later than November 13, 1984. The requirement for
2 reporting to the General Assembly shall be satisfied by
3 filing copies of the report with the Speaker, the Minority
4 Leader and the Clerk of the House of Representatives and the
5 President, the Minority Leader and the Secretary of the
6 Senate and the Legislative Research Unit, as required by
7 Section 3.1 of the General Assembly Organization Act, and
8 filing such additional copies with the State Government
9 Report Distribution Center for the General Assembly as is
10 required under paragraph (t) of Section 7 of the State
11 Library Act; and
12 (11) To contract for the establishment of child care
13 services pursuant to the State Agency Employees Child Care
14 Services Act; and
15 (12) To use funds appropriated from the General Assembly
16 Computer Equipment Revolving Fund for the purchase of
17 computer equipment for the General Assembly and for related
18 expenses and for other operational purposes of the General
19 Assembly in accordance with Section 6 of the Legislative
20 Information System Act.
21 (Source: P.A. 88-85; revised 10-31-98.)
22 Section 47. The State Finance Act is amended by setting
23 forth and renumbering multiple versions of Section 5.480 and
24 by changing Sections 12-2 and 15a as follows:
25 (30 ILCS 105/5.480)
26 Sec. 5.480. The Juvenile Accountability Incentive Block
27 Grant Fund.
28 (Source: P.A. 90-587, eff. 7-1-98.)
29 (30 ILCS 105/5.482)
30 Sec. 5.482. 5.480. The Petroleum Resources Revolving
31 Fund.
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1 (Source: P.A. 90-614, eff. 7-10-98; revised 9-23-98.)
2 (30 ILCS 105/5.483)
3 Sec. 5.483. 5.480. The Economic Development Matching
4 Grants Program Fund.
5 (Source: P.A. 90-660, eff. 7-30-98; revised 9-23-98.)
6 (30 ILCS 105/5.484)
7 Sec. 5.484. 5.480. The Mammogram Fund.
8 (Source: P.A. 90-675, eff. 1-1-99; revised 9-23-98.)
9 (30 ILCS 105/5.485)
10 Sec. 5.485. 5.480. The Police Memorial Committee Fund.
11 (Source: P.A. 90-729, eff. 1-1-99; revised 9-23-98.)
12 (30 ILCS 105/5.486)
13 Sec. 5.486. 5.480. The Right to Read Fund.
14 (Source: P.A. 90-757, eff. 8-14-98; revised 9-23-98.)
15 (30 ILCS 105/5.487)
16 Sec. 5.487. 5.480. The Foreign Language Interpreter
17 Fund.
18 (Source: P.A. 90-771, eff. 1-1-99; revised 9-23-98.)
19 (30 ILCS 105/5.488)
20 Sec. 5.488. 5.480. The Port Development Revolving Loan
21 Fund.
22 (Source: P.A. 90-785, eff. 1-1-99; revised 9-23-98.)
23 (30 ILCS 105/12-2) (from Ch. 127, par. 148-2)
24 Sec. 12-2. (a) The chairmen of the travel control boards
25 established by Section 12-1, or their designees, shall
26 together comprise the Travel Regulation Council. The Travel
27 Regulation Council shall be chaired by the Director of
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1 Central Management Services, who shall be a nonvoting member
2 of the Council, unless he is otherwise qualified to vote by
3 virtue of being the designee of a voting member. No later
4 than March 1, 1986, and at least biennially thereafter, the
5 Council shall adopt State Travel Regulations and
6 Reimbursement Rates which shall be applicable to all
7 personnel subject to the jurisdiction of the travel control
8 boards established by Section 12-1. An affirmative vote of a
9 majority of the members of the Council shall be required to
10 adopt regulations and reimbursement rates. If the Council
11 fails to adopt regulations by March 1 of any odd-numbered
12 year, the Director of Central Management Services shall adopt
13 emergency regulations and reimbursement rates pursuant to the
14 Illinois Administrative Procedure Procedures Act.
15 (b) Mileage for automobile travel shall be reimbursed at
16 the allowance rate in effect under regulations promulgated
17 pursuant to 5 U.S.C. 5707(b)(2). However, in the event the
18 rate set under federal regulations changes during the course
19 of the State's fiscal year, the effective date of the new
20 rate shall be the July 1 immediately following the change in
21 the federal rate.
22 (c) Rates for reimbursement of expenses other than
23 mileage shall not exceed the actual cost of travel as
24 determined by the United States Internal Revenue Service.
25 (d) Reimbursements to travelers shall be made pursuant
26 to the rates and regulations applicable to the respective
27 State agency as of the effective date of this amendatory Act,
28 until the State Travel Regulations and Reimbursement Rates
29 established by this Section are adopted and effective.
30 (Source: P.A. 89-376, eff. 8-18-95; revised 10-31-98.)
31 (30 ILCS 105/15a) (from Ch. 127, par. 151a)
32 Sec. 15a. Contractual services. The item "contractual
33 services", when used in an appropriation act, means and
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1 includes:
2 (a) Expenditures incident to the current conduct
3 and operation of an office, department, board,
4 commission, institution or agency for postage and postal
5 charges, surety bond premiums, publications,
6 subscriptions, office conveniences and services,
7 exclusive of commodities as herein defined;
8 (b) Expenditures for rental of property or
9 equipment, repair or maintenance of property or equipment
10 including related supplies, equipment, materials,
11 services, replacement fixtures and repair parts, utility
12 services, professional or technical services, moving
13 expenses incident to a new State employment, and
14 transportation charges exclusive of "travel" as herein
15 defined;
16 (c) Expenditures for the rental of lodgings in
17 Springfield, Illinois and for the payment of utilities
18 used in connection with such lodgings for all elected
19 State officials, who are required by Section 1, Article V
20 of the Constitution of the State of Illinois to reside at
21 the seat of government during their term of office;
22 (d) Expenditures pursuant to multi-year lease,
23 lease-purchase or installment purchase contracts for
24 duplicating equipment authorized by Section 5.1 of the
25 Illinois Purchasing Act;
26 (e) Expenditures of $5,000 or less per project for
27 improvements to real property which, except for the
28 operation of this Section, would be classified as
29 "permanent improvements" as defined in Section 21;
30 (f) Expenditures pursuant to multi-year lease,
31 lease-purchase or installment purchase contracts for
32 land, permanent improvements or fixtures.
33 The item "contractual services" does not, however,
34 include any expenditures included in "operation of automotive
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1 equipment" as defined in Section 24.2.
2 The item "contractual services" does not include any
3 expenditures for professional, technical, or other services
4 performed for a State agency under a contract executed after
5 the effective date of this amendatory Act of 1992 by a person
6 who was formerly employed by that agency and has received any
7 early retirement incentive under Section 14-108.3 or 16-133.3
8 of the Illinois Pension Code, unless the official or employee
9 executing the contract on behalf of the agency has certified
10 that the person performing the services either (i) possesses
11 possess unique expertise, or (ii) is essential to the
12 operation of the agency. This certification must be filed
13 with the Office of the Auditor General prior to the execution
14 of the contract, and shall be made available by that Office
15 for public inspection and copying. A contract not payable
16 from the contractual services item because of this paragraph
17 shall not be payable from any other item of appropriation.
18 For the purposes of this paragraph, the term "agency"
19 includes all offices, boards, commissions, departments,
20 agencies, and institutions of State government.
21 (Source: P.A. 87-836; 87-860; revised 10-31-98.)
22 Section 48. The State Officers and Employees Money
23 Disposition Act is amended by changing Section 6 as follows:
24 (30 ILCS 230/6) (from Ch. 127, par. 176a)
25 Sec. 6. This Act shall not apply to contributions or
26 other moneys collected pursuant to the provisions of "the
27 Unemployment Insurance Compensation Act" approved June 30,
28 1937, as amended.
29 (Source: Laws 1939, p. 1144; revised 10-31-98.)
30 Section 49. The Fiscal Agent Designation Act is amended
31 by changing Section 1 as follows:
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1 (30 ILCS 325/1) (from Ch. 127, par. 321)
2 Sec. 1. The Building Bond Board created by the
3 Educational Institution Bond Authorization Act "An Act to
4 authorize the issuance and sale of bonds of the State of
5 Illinois for the purpose of obtaining funds to be used for
6 making permanent improvements at educational institutions
7 owned by this State and to provide for the payment of the
8 principal of and interest upon such bonds" and the Building
9 Bond Board created by the Mental Health Institution Bond Act
10 are "An Act to authorize the issuance and sale of bonds of
11 the State of Illinois for the purpose of obtaining funds to
12 be used for making permanent improvements at mental health
13 and other public welfare institutions owned by this State and
14 to provide for the payment of the principal of and interest
15 upon such bonds" each is authorized to designate a fiscal or
16 paying agent for the State of Illinois for bonds issued by
17 the State of Illinois in accordance with the aforementioned
18 Acts in the City of Chicago, Illinois, and in the Borough of
19 Manhattan, New York City, New York, as well as the office of
20 the State Treasurer.
21 (Source: Laws 1961, p. 1804; revised 10-31-98.)
22 Section 50. The General Obligation Bond Act is amended
23 by changing Section 9 as follows:
24 (30 ILCS 330/9) (from Ch. 127, par. 659)
25 Sec. 9. Conditions for Issuance and Sale of Bonds -
26 Requirements for Bonds. Bonds shall be issued and sold from
27 time to time in such amounts as directed by the Governor,
28 upon recommendation by the Director of the Bureau of the
29 Budget. Bonds shall be in such form, in the denomination of
30 $5,000 or some multiple thereof, payable within 30 years from
31 their date, bearing interest payable annually or semiannually
32 from their date at a rate that does not exceed that permitted
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1 in the Bond Authorization Act "AN ACT to authorize public
2 corporations to issue Bonds, other evidences of indebtedness
3 and tax anticipation warrants subject to interest rate
4 limitations set forth therein", approved May 26, 1970, as now
5 or hereafter amended, and be dated as shall be fixed and
6 determined by the Director of the Bureau of the Budget in the
7 order authorizing the issuance and sale of Bonds, which order
8 shall be approved by the Governor prior to the giving of
9 notice of the sale of any Bonds. Said Bonds shall be payable
10 at such place or places, within or without the State of
11 Illinois, and may be made registrable as to either principal
12 or as to both principal and interest, as shall be fixed and
13 determined by the Director of the Bureau of the Budget in the
14 order authorizing the issuance and sale of such Bonds. Bonds
15 may be callable as fixed and determined by the Director of
16 the Bureau of the Budget in the order authorizing the
17 issuance and sale of Bonds; provided,; however, that the
18 State shall not pay a premium of more than 3% of the
19 principal of any Bonds so called.
20 (Source: P.A. 83-1490; revised 10-31-98.)
21 Section 51. The Metropolitan Civic Center Support Act is
22 amended by changing Section 4 as follows:
23 (30 ILCS 355/4) (from Ch. 85, par. 1394)
24 Sec. 4. Moneys will be committed and distributed from the
25 MEAOB Fund in the following manner:
26 (1) Any Authority desiring to make application for
27 financial support shall do so on forms and in the manner
28 provided by the Department and accompanied by an economic
29 feasibility report, an economic impact report, master
30 building plan and design, documented evidence that the
31 Authority has been created pursuant to law, a financial
32 plan, and the required local share of total project costs,
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1 which local share shall include cash or pledges available on
2 demand through construction in an amount equivalent to 10% of
3 total project costs, and the sources of and procedures for
4 obtaining such local share, including evidence that the local
5 share was authorized at a public meeting. Local share may
6 not include State funds provided to the Authority through
7 grant or loan.
8 (2) (a) The application cycle for each program year is
9 from July 1 to June 30.
10 (b) Only Authorities recognized by the Director as being
11 created and organized prior to July 1 of a program year may
12 apply for support in that year.
13 (c) An application must be submitted by August 1 to be
14 considered in that year. An application submitted by August
15 1, 1990, that is not fully funded shall remain on file and
16 shall constitute a continuing application for the following 4
17 program years ending on June 30, 1992, June 30, 1993, June
18 30, 1994, and June 30, 1995. An Authority must participate in
19 a consultation with the Department prior to submitting an
20 application.
21 (d) Applications shall be made available for public
22 inspection by the Authority.
23 (e) The Department shall hold one or more hearings on
24 the applications. Applications may be grouped for hearings.
25 (f) Applications may be divided into construction
26 phases, but dividing the project into phases shall not imply
27 subsequent approval of funding the delayed phases.
28 Applications shall be limited to single or multi-purpose
29 projects the primary function of which is to provide public
30 entertainment, exhibitions or conventions or to provide
31 parking facilities related thereto. Office facilities may be
32 included as an incidental rather than a primary function of a
33 project. If the Authority holds land or property not
34 physically contiguous to the civic center property, the
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1 Authority may utilize such other lands or property for any
2 facility administered by the Authority, and such facility may
3 be included as an incidental function of a project.
4 Notwithstanding the foregoing, an Authority created under the
5 Metropolitan Civic Center Act with a population of less than
6 100,000, that before July 1, 1990, has received State
7 financial support for 2 theatre renovation projects in 2
8 separate communities, may be eligible to seek State financial
9 support for an agricultural center, university sports
10 facility, and arena in cooperation with a State university
11 created under the Regency Universities Act.
12 (g) The Director shall certify an application as
13 eligible for State financial support if, in his judgment: (i)
14 the application satisfies all conditions in subsection (1) of
15 this Section; (ii) the application proposes a facility which
16 accommodates a documented community need; (iii) the
17 application shows evidence of community support; (iv) the
18 application proposes a facility which can reasonably be
19 expected to provide primary and secondary economic benefits
20 in the metropolitan area of the Authority including such
21 things as job creation, private investments and other
22 benefits; and (v) the application proposes a facility the
23 operational expenses of which are met by the Authority or
24 through other means available to the Authority.
25 (h) The Director may deny all or a portion of an
26 application and may deny certification to an applicant if in
27 the judgment of the Director the applicant has failed to show
28 that the project is economically feasible, or if the master
29 building plan and design are incomplete or inadequate, or if
30 the financial plan is inadequate. The submitted application
31 will be competitively ranked: If, after funding the highest
32 ranked applications, the amount available for certification
33 by the Director, as determined by the written certification
34 from the Budget Director pursuant to Section 4(4) of this
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1 Act, is insufficient to fund the next highest ranked project
2 and the project cannot be separated into workable phases, the
3 Director may select the next highest ranked project for which
4 funds are sufficient.
5 (i) Upon completion of the application review the
6 Director shall provide a list of applications approved and
7 the amount approved, and a list of applications denied and
8 the amount denied to each applicant.
9 (j) Applicants denied shall be provided with the reason
10 for denial in writing.
11 (k) Applications not certified in one year may be
12 resubmitted in another year, but no preference shall be given
13 to resubmissions, unless the only reason for denial is lack
14 of available State financial support.
15 (l) Applications certified prior to June 1, 1985, shall
16 remain certified and eligible for State financial support
17 during fiscal year 1986 after September 3, 1985.
18 Applications received but not certified by the Department
19 prior to June 1, 1985, may be certified during fiscal year
20 1986 after September 3, 1985 in accordance with statutory
21 provisions in existence at the time the application was
22 received. All such applications shall be given priority over
23 applications subsequently received by the Department.
24 (3) (a) The Department shall establish for each
25 applicant which has been certified by the Director as being
26 eligible for State financial support a base sum equal to the
27 lesser of:
28 (i) 75% of the total project costs as determined
29 from applicant's estimate.
30 (ii) .0310 times the total assessed valuation, as
31 equalized by the Department of Revenue, of all taxable
32 property located within the metropolitan area of the
33 Authority for the year 1975 or 1983, whichever is
34 greater.
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1 (iii) $20,000,000.
2 Notwithstanding the foregoing, an applicant with a
3 facility with more than 400,000 square feet of exhibition
4 space shall have a base sum of $15,000,000 in any event, and
5 the applicant shall be eligible to receive up to $10,000,000
6 of its base sum in the fiscal year beginning July 1, 1990,
7 and the balance of its base sum in the fiscal year beginning
8 July 1, 1991. Notwithstanding the foregoing, an applicant
9 that has received by July 1, 1990, the maximum amount of
10 State financial support authorized under subsection
11 (3)(a)(iii) of this Section shall receive additional State
12 financial support as appropriated by the General Assembly.
13 (b) After this base sum has been established, the
14 Department shall enter into an agreement with the Authority
15 whereby the Department will agree to do one of the following:
16 (i) Subject to annual appropriation by the General
17 Assembly, to pay annually to the Authority from the MEAOB
18 Fund, (A) an amount equal to the interest and principal
19 cost to the Authority of amortizing revenue bonds issued
20 by the Authority in an amount equal to the base sum or
21 (B) an amount equal to the interest and principal cost to
22 a unit of local government of amortizing revenue or
23 general obligation bonds issued by the unit of local
24 government pursuant to an intergovernmental cooperation
25 agreement with the Authority in an amount equal to the
26 base sum. The amortization schedule for such revenue or
27 general obligation bonds shall be determined by the
28 Authority or the unit of local government and be approved
29 by the Department; or
30 (ii) After September 3, 1985, to provide State
31 financial support from the issuance of Bonds pursuant to
32 Section 7 of this Act, the proceeds of which shall be
33 granted by the Department to the Authority in an amount
34 equal to the base sum, subject to annual appropriation by
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1 the General Assembly. After September 3, 1985, newly
2 certified applicants shall receive State financial
3 support only in accordance with this subparagraph (ii).
4 (iii) The issuance of Bonds pursuant to Section 7 of this
5 Act to provide State financial support, as provided in
6 subparagraph (ii) above, shall be subject to the satisfaction
7 of all the conditions contained in this Act required for the
8 issuance of Bonds, including, without limitation, those
9 conditions contained in Section 9. Any application certified
10 by the Director as eligible for State financial support in
11 one fiscal year, but for which State financial support is not
12 provided during such fiscal year, shall continue to be
13 certified as eligible for State financial support in
14 subsequent fiscal years.
15 (4) Prior to July 1, 1989, the Director shall not
16 certify an applicant Authority as eligible for State
17 Financial Support unless he receives written certification
18 from the Budget Director that the revenues for the last
19 completed fiscal year paid into the MEAOB Fund equal or
20 exceed 175% of the annual debt service required with respect
21 to Bonds and Local Bonds for previously certified
22 applications and the application then under consideration.
23 For the fiscal year beginning July 1, 1989, and each fiscal
24 year thereafter, the Director shall not certify an applicant
25 Authority as eligible for State Financial Support unless he
26 receives written certification from the Budget Director that
27 the amount to be certified by the Director, when added to all
28 other amounts previously certified by the Director and funded
29 from the proceeds of Bonds, does not exceed the estimated
30 proceeds available under this Act to fund civic center and
31 library projects from the proceeds of Bonds to be issued and
32 sold after July 1, 1989 pursuant to Section 7 of this Act.
33 The total aggregate amount of principal issued and
34 outstanding in Bonds and in Local Bonds subject to State
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1 financial support under subsection (3)(b) above at any given
2 time for all Authorities shall not exceed the sum of
3 $200,000,000. Bonds and Local Bonds (or portions thereof) for
4 which there shall be delivered to an escrow agent or trustee
5 for the benefit of the holders thereof either cash or a
6 combination of cash and direct obligations of, or obligations
7 the principal and interest on which are fully guaranteed by,
8 the United States of America shall be deemed not to be
9 outstanding for the purpose of any determination of, or
10 certification relating to, debt service coverage required by
11 this Act to the extent that the principal of, premium, if
12 any, and interest on such bonds are payable from the amount
13 so delivered and any income or increment to accrue thereon
14 (without consideration of any reinvestment thereof). Bonds
15 and Local Bonds (or portions thereof) for which there shall
16 be delivered to an escrow agent or trustee for the benefit of
17 the holders thereof either cash or a combination of cash and
18 direct obligations of, or obligations the principal and
19 interest on which are fully guaranteed by, the United States
20 of America shall be deemed not to be outstanding for the
21 purpose of any determination of, or certification relating
22 to, the aggregate amount of Bonds and Local Bonds outstanding
23 at any given time under this Act to the extent that the
24 principal of and premium, if any, on such bonds are payable
25 from the amount so delivered and any income or increment to
26 accrue thereon (without consideration of any reinvestment
27 thereof).
28 (Source: P.A. 87-738; 88-245; revised 10-31-98.)
29 Section 52. The Architectural, Engineering, and Land
30 Surveying Qualifications Based Selection Act is amended by
31 changing Section 30 as follows:
32 (30 ILCS 535/30) (from Ch. 127, par. 4151-30)
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1 Sec. 30. Evaluation procedure. A State agency shall
2 evaluate the firms submitting letters of interest and other
3 prequalified firms, taking into account qualifications; and
4 the State agency may consider, but shall not be limited to
5 considering, ability of professional personnel, past record
6 and experience, performance data on file, willingness to meet
7 time requirements, location, workload of the firm and any
8 other qualifications based factors as the State agency may
9 determine in writing are applicable. The State agency may
10 conduct discussions with and require public presentations by
11 firms deemed to be the most qualified regarding their
12 qualifications, approach to the project and ability to
13 furnish the required services.
14 A State agency shall establish a committee to select
15 firms to provide architectural, engineering, and land
16 surveying services. A selection committee may include at
17 least one public member nominated by a statewide association
18 of the profession affected. The public member may not be
19 employed or associated with any firm holding a contract with
20 the State agency nor may the public member's members' firm be
21 considered for a contract with that State agency while he or
22 she is serving as a public member of the committee.
23 In no case shall a State agency, prior to selecting a
24 firm for negotiation under Section 40, seek formal or
25 informal submission of verbal or written estimates of costs
26 or proposals in terms of dollars, hours required, percentage
27 of construction cost, or any other measure of compensation.
28 (Source: P.A. 87-673; revised 10-31-98.)
29 Section 53. The International Anti-Boycott Certification
30 Act is amended by changing Section 5 as follows:
31 (30 ILCS 582/5)
32 Sec. 5. State contracts. Every contract entered into by
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1 the State of Illinois for the manufacture, furnishing, or
2 purchasing of supplies, material, or equipment or for the
3 furnishing of work, labor, or services, in an amount
4 exceeding the threshold threshhold for small purchases
5 according to the purchasing laws of this State or $10,000,
6 whichever is less, shall contain certification, as a material
7 condition of the contract, by which the contractor agrees
8 that neither the contractor nor any substantially-owned
9 affiliated company is participating or shall participate in
10 an international boycott in violation of the provisions of
11 the U.S. Export Administration Act of 1979 or the regulations
12 of the U.S. Department of Commerce promulgated under that
13 Act.
14 (Source: P.A. 88-671, eff. 12-14-94; revised 10-31-98.)
15 Section 54. The Intergovernmental Drug Laws Enforcement
16 Act is amended by changing Section 2 as follows:
17 (30 ILCS 715/2) (from Ch. 56 1/2, par. 1702)
18 Sec. 2. As used in this Act, unless the context
19 otherwise requires, the terms specified in Sections Section
20 2.01 through 2.05 have the meanings ascribed to them in those
21 Sections.
22 (Source: P.A. 88-677, eff. 12-15-94; revised 10-31-98.)
23 Section 55. The Comprehensive Solar Energy Act of 1977
24 is amended by changing Sections 1.1 and 2.1 as follows:
25 (30 ILCS 725/1.1) (from Ch. 96 1/2, par. 7302)
26 Sec. 1.1. Legislative Findings. The General Assembly
27 finds:
28 (a) that the public health, safety, and welfare of the
29 People of the State of Illinois require that an adequate
30 supply of energy be made available to them at all times;
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1 (b) that at the present time existing energy sources are
2 becoming more limited;
3 (c) that it is the responsibility of the State
4 government to encourage, the use of alternative renewable
5 energy sources;
6 (d) that solar energy systems are an effective and
7 feasible means of reducing the dependence of the State
8 government and the People of the State on non-State energy
9 sources and of conserving valuable fossil fuel and other
10 non-renewable energy sources; and
11 (e) that it is in the public interest to define solar
12 energy systems, demonstrate solar energy feasibility, apply
13 incentives for using solar energy, educate the public on
14 solar feasibility, study solar energy application, and
15 coordinate governmental programs affecting solar energy.
16 (Source: P.A. 80-430; revised 10-31-98.)
17 (30 ILCS 725/2.1) (from Ch. 96 1/2, par. 7304)
18 Sec. 2.1. Delegation of Authority.
19 (a) There is created the Illinois Comprehensive Solar
20 Energy Program, hereinafter referred to as the Program,
21 elements of which are specified in Sections 2.1 through 8.2
22 of this Act.
23 (b) Primary authority and responsibility for the
24 supervision and implementation of the Program is vested in
25 the Department.
26 (c) The Director of the Department shall carry out the
27 Program and; shall accept, receive, expend, and administer
28 for the benefit of the People of this State, any gifts,
29 grants, legacies, or other funds or monies made available
30 from either public or private sources.
31 (d) The Department shall acquire and collect
32 information; shall represent the State before all agencies,
33 governmental bodies, or commissions; and; shall promulgate
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1 necessary regulations.
2 (Source: P.A. 83-388; revised 10-31-98.)
3 Section 56. The Downstate Public Transportation Act is
4 amended by changing Sections 2-2.02, 2-7, 3-1.04, and 3-1.09
5 as follows:
6 (30 ILCS 740/2-2.02) (from Ch. 111 2/3, par. 662.02)
7 Sec. 2-2.02. "Participant" means:
8 (1) a city, village, or incorporated town, or a local
9 mass transit district organized under the Local Mass Transit
10 District Act, (a) serving an urbanized area of over 50,000
11 population on December 28, 1989, or (b) receiving State mass
12 transportation operating assistance pursuant to the
13 "Downstate Public Transportation Act" during Fiscal Year
14 1979, or (c) serving a nonurbanized area and receiving
15 federal rural public transportation assistance on the
16 effective date of this amendatory Act of 1993;, or
17 (2) any Metro-East Transit District established pursuant
18 to Section 3 of the "Local Mass Transit District Act",
19 approved July 21, 1959, as amended, and serving one or more
20 of the Counties of Madison, Monroe, and St. Clair during
21 Fiscal Year 1989, all located outside the boundaries of the
22 Regional Transportation Authority as established pursuant to
23 the "Regional Transportation Authority Act", approved
24 December 12, 1973, as amended.
25 (Source: P.A. 88-450; revised 10-31-98.)
26 (30 ILCS 740/2-7) (from Ch. 111 2/3, par. 667)
27 Sec. 2-7. Quarterly reports; annual audit.
28 (a) Any Metro-East Transit District participant shall,
29 no later than 30 days following the end of each month of any
30 fiscal year, file with the Department on forms provided by
31 the Department for that purpose, a report of the actual
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1 operating deficit experienced during that quarter. The
2 Department shall, upon receipt of the quarterly report, and
3 upon determining that such operating deficits were incurred
4 in conformity with the program of proposed expenditures
5 approved by the Department pursuant to Section 2-11, pay to
6 any Metro-East Transit District participant such portion of
7 such operating deficit as funds have been transferred to the
8 Metro-East Transit Public Transportation Fund and allocated
9 to that Metro-East Transit District participant.
10 (b) Each participant other than any Metro-East Transit
11 District participant shall, 30 days before the end of each
12 quarter, file with the Department on forms provided by the
13 Department for such purposes a report of the projected
14 eligible operating expenses to be incurred in the next
15 quarter and 30 days before the third and fourth quarters of
16 any fiscal year a statement of actual eligible operating
17 expenses incurred in the preceding quarters. Within 45 days
18 of receipt by the Department of such quarterly report, the
19 Comptroller shall order paid and the Treasurer shall pay from
20 the Downstate Public Transportation Fund to each participant
21 an amount equal to one-third of such participant's eligible
22 operating expenses; provided, however, that in Fiscal Year
23 1997, the amount paid to each participant from the Downstate
24 Public Transportation Fund shall be an amount equal to 47% of
25 such participant's eligible operating expenses and shall be
26 increased to 49% in Fiscal Year 1998, 51% in Fiscal Year
27 1999, 53% in Fiscal Year 2000, and 55% in Fiscal Year 2001
28 and thereafter; however, in any year that a participant
29 receives funding under paragraph (9) of Section 49.19 of the
30 Civil Administrative Code of Illinois, that participant shall
31 be eligible only for assistance equal to the following
32 percentage of its eligible operating expenses: 42% in Fiscal
33 Year 1997, 44% in Fiscal Year 1998, 46% in Fiscal Year 1999,
34 48% in Fiscal Year 2000, and 50% in Fiscal Year 2001 and
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1 thereafter. Any such payment for the third and fourth
2 quarters of any fiscal year shall be adjusted to reflect
3 actual eligible operating expenses for preceding quarters of
4 such fiscal year. However, no participant shall receive an
5 amount less than that which was received in the immediate
6 prior year, provided in the event of a shortfall in the fund
7 those participants receiving less than their full allocation
8 pursuant to Section 2-6 6 of this Article shall be the first
9 participants to receive an amount not less than that
10 received in the immediate prior year.
11 (c) No later than 180 days following the last day of the
12 Fiscal Year each participant shall provide the Department
13 with an audit prepared by a Certified Public Accountant
14 covering that Fiscal Year. Any discrepancy between the
15 grants paid and one-third of the eligible operating expenses
16 or in the case of the Bi-State Metropolitan Development
17 District the approved program amount shall be reconciled by
18 appropriate payment or credit. Beginning in Fiscal Year 1985,
19 for those participants other than the Bi-State Metropolitan
20 Development District, any discrepancy between the grants paid
21 and the percentage of the eligible operating expenses
22 provided for by paragraph (b) of this Section shall be
23 reconciled by appropriate payment or credit.
24 (Source: P.A. 89-598, eff. 8-1-96; revised 10-31-98.)
25 (30 ILCS 740/3-1.04) (from Ch. 111 2/3, par. 685)
26 Sec. 3-1.04. "Eligible operating expenses" means those
27 expenses required to provide public transportation, including
28 drivers wages and benefits, mechanics wages and benefits,
29 contract maintenance services, materials and supplies
30 directly related to transit and maintenance of vehicles,
31 fuels and lubricants, rentals or leases of vehicles, taxes
32 other than income taxes, payment made for debt service
33 (including principal and interest) on publicly owned
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1 equipment and facilities, and any other expenditure which is
2 an operating expense according to standard accounting
3 practices for the providing of public transportation and
4 which is not defined as an "eligible administrative expense"
5 by Section 3-1.09 of this Article.
6 "Eligible operating expenses" shall not include
7 allowances: (a) for depreciation whether funded or unfunded;
8 (b) for amortization of any intangible costs; (c) for debt
9 service on capital acquired with the assistance of capital
10 grant funds provided by the State of Illinois; (d) for
11 profits or return on investments; (e) for excessive payment
12 to associated entities; (f) for cost reimbursed under
13 Sections Section 6 and 8 of the "Urban Mass Transportation
14 Act of 1964", as amended; (g) for entertainment expenses; (h)
15 for charter expenses; (i) for fines and penalties; (j) for
16 charitable donations; (k) for interest expense on long term
17 borrowing and debt retirement other than on publicly owned
18 equipment or facilities; (l) for income taxes; (m) for
19 expenses defined as "eligible administrative expenses" in
20 Section 3-1.09 of this Article; or (n) for such other
21 expenses as the Department may determine consistent with
22 federal Department of Transportation regulations and
23 requirements.
24 (Source: P.A. 83-1471; revised 10-31-98.)
25 (30 ILCS 740/3-1.09) (from Ch. 111 2/3, par. 689.1)
26 Sec. 3-1.09. "Eligible administrative expenses" means
27 those expenses required to provide public transportation,
28 other than those defined as "eligible operating expenses" in
29 Section 3-1.04 of this Act, including, but not limited to,
30 general, administrative and overhead costs such as salaries
31 of the project director, office personnel such as secretary
32 and bookkeeper, office supplies, facilities, rental,
33 insurance, marketing, and interest on short-term loans for
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1 operating assistance. "Eligible administrative expenses"
2 shall not include allowances: (a) for depreciation whether
3 funded or unfunded; (b) for amortization of any intangible
4 costs; (c) for debt service on capital acquired with the
5 assistance of capital grant funds provided by the State of
6 Illinois; (d) for profits or return on investments; (e) for
7 excessive payment to associated entities; (f) for costs
8 reimbursed under Sections Section 6 and 8 of the "Urban Mass
9 Transportation Act of 1964", as amended; (g) for
10 entertainment expenses; (h) for charter expenses; (i) for
11 fines and penalties; (j) for charitable donations; (k) for
12 interest expense on long term borrowing and debt retirement
13 other than on publicly owned equipment or facilities; (l) for
14 income taxes; (m) for those expenses defined as "eligible
15 operating expenses" under Section 3-1.04 of this Article; or
16 (n) or for such other expenses as the Department may
17 determine consistent with federal Department of
18 Transportation regulations and requirements.
19 (Source: P.A. 83-1471; revised 10-31-98.)
20 Section 57. The Build Illinois Act is amended by
21 changing Section 3-7 as follows:
22 (30 ILCS 750/3-7) (from Ch. 127, par. 2703-7)
23 Sec. 3-7. Powers and Duties. The Department shall have
24 the following powers and duties:
25 (1) To make grants and loans to, and accept guarantees
26 from, universities, research institutions and businesses for
27 the purposes of this Article. Any loan or series of loans
28 shall be limited to an amount not to exceed $2,500,000 or 50%
29 of the total project cost, whichever is less.
30 (2) To establish such interest rates, terms of repayment
31 and other terms and conditions regarding loans made pursuant
32 to this Act as the Department shall deem necessary or
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1 appropriate to protect the public interest and carry out the
2 purposes of this Article.
3 (3) To accept grants, loans or appropriations from the
4 federal government or any private entity to be used for
5 purposes similar to this program and to enter into contracts
6 contacts and agreements in connection with such grants, loans
7 or appropriations.
8 (4) To adopt such rules and regulations as are necessary
9 for the administration of this Article.
10 (Source: P.A. 84-109; revised 10-31-98.)
11 Section 58. The State Mandates Act is amended by setting
12 forth and renumbering multiple versions of Section 8.21 and
13 changing Section 8.22 as follows:
14 (30 ILCS 805/8.21)
15 Sec. 8.21. Exempt mandate. Notwithstanding Sections 6
16 and 8 of this Act, no reimbursement by the State is required
17 for the implementation of any mandate created by Public Act
18 89-705, 89-718, 90-4, 90-7, 90-27, 9-28, 90-31, 90-32,
19 90-186, 90-204, 90-258, 90-288, 90-350, 90-448, 90-460,
20 90-497, 90-511, 90-524, 90-531, 90-535, or 90-551.
21 (Source: P.A. 89-683, eff. 6-1-97 (repealed by P.A. 90-6,
22 eff. 6-3-97); 89-705, eff. 1-31-97; 89-718, eff. 3-7-97;
23 90-4, eff. 3-7-97; 90-7, eff. 6-10-97; 90-27, eff. 1-1-98;
24 90-31, eff. 6-27-97; 90-32, eff. 6-27-97; 90-186, eff.
25 7-24-97; 90-204, eff. 7-25-97; 90-258, eff. 7-30-97; 90-288,
26 eff. 8-1-97; 90-350, eff, 1-1-98; 90-448, eff. 8-16-97;
27 90-460, eff. 8-17-97; 90-497, eff. 8-18-97; 90-511, eff.
28 8-22-97; 90-524, eff. 1-1-98; 90-531, eff. 1-1-98; 90-535,
29 eff. 11-14-97; 90-551, eff. 12-12-97; 90-655, eff. 7-30-98.)
30 (30 ILCS 805/8.22)
31 Sec. 8.22. 8.21. Exempt mandate. Notwithstanding
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1 Sections 6 and 8 of this Act, no reimbursement by the State
2 is required for the implementation of any mandate created by
3 Public Act 90-525, 90-568, 90-576, 90-582, 90-679, 90-737,
4 90-741, or 90-766 this amendatory Act of 1998 1997.
5 (Source: P.A. 90-568, eff. 1-1-99; 90-576, eff. 3-31-98;
6 90-582, eff. 5-27-98; 90-679, eff. 7-31-98; 90-737, eff.
7 1-1-99; 90-741, eff. 1-1-99; 90-766, eff. 8-14-98; 90-807,
8 eff. 12-2-98; revised 9-23-98.)
9 Section 59. The Illinois Income Tax Act is amended by
10 changing Sections 201, 203, 204, and 509 as follows:
11 (35 ILCS 5/201) (from Ch. 120, par. 2-201)
12 Sec. 201. Tax Imposed.
13 (a) In general. A tax measured by net income is hereby
14 imposed on every individual, corporation, trust and estate
15 for each taxable year ending after July 31, 1969 on the
16 privilege of earning or receiving income in or as a resident
17 of this State. Such tax shall be in addition to all other
18 occupation or privilege taxes imposed by this State or by any
19 municipal corporation or political subdivision thereof.
20 (b) Rates. The tax imposed by subsection (a) of this
21 Section shall be determined as follows:
22 (1) In the case of an individual, trust or estate,
23 for taxable years ending prior to July 1, 1989, an amount
24 equal to 2 1/2% of the taxpayer's net income for the
25 taxable year.
26 (2) In the case of an individual, trust or estate,
27 for taxable years beginning prior to July 1, 1989 and
28 ending after June 30, 1989, an amount equal to the sum of
29 (i) 2 1/2% of the taxpayer's net income for the period
30 prior to July 1, 1989, as calculated under Section 202.3,
31 and (ii) 3% of the taxpayer's net income for the period
32 after June 30, 1989, as calculated under Section 202.3.
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1 (3) In the case of an individual, trust or estate,
2 for taxable years beginning after June 30, 1989, an
3 amount equal to 3% of the taxpayer's net income for the
4 taxable year.
5 (4) (Blank).
6 (5) (Blank).
7 (6) In the case of a corporation, for taxable years
8 ending prior to July 1, 1989, an amount equal to 4% of
9 the taxpayer's net income for the taxable year.
10 (7) In the case of a corporation, for taxable years
11 beginning prior to July 1, 1989 and ending after June 30,
12 1989, an amount equal to the sum of (i) 4% of the
13 taxpayer's net income for the period prior to July 1,
14 1989, as calculated under Section 202.3, and (ii) 4.8% of
15 the taxpayer's net income for the period after June 30,
16 1989, as calculated under Section 202.3.
17 (8) In the case of a corporation, for taxable years
18 beginning after June 30, 1989, an amount equal to 4.8% of
19 the taxpayer's net income for the taxable year.
20 (c) Beginning on July 1, 1979 and thereafter, in
21 addition to such income tax, there is also hereby imposed the
22 Personal Property Tax Replacement Income Tax measured by net
23 income on every corporation (including Subchapter S
24 corporations), partnership and trust, for each taxable year
25 ending after June 30, 1979. Such taxes are imposed on the
26 privilege of earning or receiving income in or as a resident
27 of this State. The Personal Property Tax Replacement Income
28 Tax shall be in addition to the income tax imposed by
29 subsections (a) and (b) of this Section and in addition to
30 all other occupation or privilege taxes imposed by this State
31 or by any municipal corporation or political subdivision
32 thereof.
33 (d) Additional Personal Property Tax Replacement Income
34 Tax Rates. The personal property tax replacement income tax
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1 imposed by this subsection and subsection (c) of this Section
2 in the case of a corporation, other than a Subchapter S
3 corporation, shall be an additional amount equal to 2.85% of
4 such taxpayer's net income for the taxable year, except that
5 beginning on January 1, 1981, and thereafter, the rate of
6 2.85% specified in this subsection shall be reduced to 2.5%,
7 and in the case of a partnership, trust or a Subchapter S
8 corporation shall be an additional amount equal to 1.5% of
9 such taxpayer's net income for the taxable year.
10 (e) Investment credit. A taxpayer shall be allowed a
11 credit against the Personal Property Tax Replacement Income
12 Tax for investment in qualified property.
13 (1) A taxpayer shall be allowed a credit equal to
14 .5% of the basis of qualified property placed in service
15 during the taxable year, provided such property is placed
16 in service on or after July 1, 1984. There shall be
17 allowed an additional credit equal to .5% of the basis of
18 qualified property placed in service during the taxable
19 year, provided such property is placed in service on or
20 after July 1, 1986, and the taxpayer's base employment
21 within Illinois has increased by 1% or more over the
22 preceding year as determined by the taxpayer's employment
23 records filed with the Illinois Department of Employment
24 Security. Taxpayers who are new to Illinois shall be
25 deemed to have met the 1% growth in base employment for
26 the first year in which they file employment records with
27 the Illinois Department of Employment Security. The
28 provisions added to this Section by Public Act 85-1200
29 (and restored by Public Act 87-895) shall be construed as
30 declaratory of existing law and not as a new enactment.
31 If, in any year, the increase in base employment within
32 Illinois over the preceding year is less than 1%, the
33 additional credit shall be limited to that percentage
34 times a fraction, the numerator of which is .5% and the
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1 denominator of which is 1%, but shall not exceed .5%.
2 The investment credit shall not be allowed to the extent
3 that it would reduce a taxpayer's liability in any tax
4 year below zero, nor may any credit for qualified
5 property be allowed for any year other than the year in
6 which the property was placed in service in Illinois. For
7 tax years ending on or after December 31, 1987, and on or
8 before December 31, 1988, the credit shall be allowed for
9 the tax year in which the property is placed in service,
10 or, if the amount of the credit exceeds the tax liability
11 for that year, whether it exceeds the original liability
12 or the liability as later amended, such excess may be
13 carried forward and applied to the tax liability of the 5
14 taxable years following the excess credit years if the
15 taxpayer (i) makes investments which cause the creation
16 of a minimum of 2,000 full-time equivalent jobs in
17 Illinois, (ii) is located in an enterprise zone
18 established pursuant to the Illinois Enterprise Zone Act
19 and (iii) is certified by the Department of Commerce and
20 Community Affairs as complying with the requirements
21 specified in clause (i) and (ii) by July 1, 1986. The
22 Department of Commerce and Community Affairs shall notify
23 the Department of Revenue of all such certifications
24 immediately. For tax years ending after December 31,
25 1988, the credit shall be allowed for the tax year in
26 which the property is placed in service, or, if the
27 amount of the credit exceeds the tax liability for that
28 year, whether it exceeds the original liability or the
29 liability as later amended, such excess may be carried
30 forward and applied to the tax liability of the 5 taxable
31 years following the excess credit years. The credit shall
32 be applied to the earliest year for which there is a
33 liability. If there is credit from more than one tax year
34 that is available to offset a liability, earlier credit
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1 shall be applied first.
2 (2) The term "qualified property" means property
3 which:
4 (A) is tangible, whether new or used,
5 including buildings and structural components of
6 buildings and signs that are real property, but not
7 including land or improvements to real property that
8 are not a structural component of a building such as
9 landscaping, sewer lines, local access roads,
10 fencing, parking lots, and other appurtenances;
11 (B) is depreciable pursuant to Section 167 of
12 the Internal Revenue Code, except that "3-year
13 property" as defined in Section 168(c)(2)(A) of that
14 Code is not eligible for the credit provided by this
15 subsection (e);
16 (C) is acquired by purchase as defined in
17 Section 179(d) of the Internal Revenue Code;
18 (D) is used in Illinois by a taxpayer who is
19 primarily engaged in manufacturing, or in mining
20 coal or fluorite, or in retailing; and
21 (E) has not previously been used in Illinois
22 in such a manner and by such a person as would
23 qualify for the credit provided by this subsection
24 (e) or subsection (f).
25 (3) For purposes of this subsection (e),
26 "manufacturing" means the material staging and production
27 of tangible personal property by procedures commonly
28 regarded as manufacturing, processing, fabrication, or
29 assembling which changes some existing material into new
30 shapes, new qualities, or new combinations. For purposes
31 of this subsection (e) the term "mining" shall have the
32 same meaning as the term "mining" in Section 613(c) of
33 the Internal Revenue Code. For purposes of this
34 subsection (e), the term "retailing" means the sale of
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1 tangible personal property or services rendered in
2 conjunction with the sale of tangible consumer goods or
3 commodities.
4 (4) The basis of qualified property shall be the
5 basis used to compute the depreciation deduction for
6 federal income tax purposes.
7 (5) If the basis of the property for federal income
8 tax depreciation purposes is increased after it has been
9 placed in service in Illinois by the taxpayer, the amount
10 of such increase shall be deemed property placed in
11 service on the date of such increase in basis.
12 (6) The term "placed in service" shall have the
13 same meaning as under Section 46 of the Internal Revenue
14 Code.
15 (7) If during any taxable year, any property ceases
16 to be qualified property in the hands of the taxpayer
17 within 48 months after being placed in service, or the
18 situs of any qualified property is moved outside Illinois
19 within 48 months after being placed in service, the
20 Personal Property Tax Replacement Income Tax for such
21 taxable year shall be increased. Such increase shall be
22 determined by (i) recomputing the investment credit which
23 would have been allowed for the year in which credit for
24 such property was originally allowed by eliminating such
25 property from such computation and, (ii) subtracting such
26 recomputed credit from the amount of credit previously
27 allowed. For the purposes of this paragraph (7), a
28 reduction of the basis of qualified property resulting
29 from a redetermination of the purchase price shall be
30 deemed a disposition of qualified property to the extent
31 of such reduction.
32 (8) Unless the investment credit is extended by
33 law, the basis of qualified property shall not include
34 costs incurred after December 31, 2003, except for costs
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1 incurred pursuant to a binding contract entered into on
2 or before December 31, 2003.
3 (9) Each taxable year, a partnership may elect to
4 pass through to its partners the credits to which the
5 partnership is entitled under this subsection (e) for the
6 taxable year. A partner may use the credit allocated to
7 him or her under this paragraph only against the tax
8 imposed in subsections (c) and (d) of this Section. If
9 the partnership makes that election, those credits shall
10 be allocated among the partners in the partnership in
11 accordance with the rules set forth in Section 704(b) of
12 the Internal Revenue Code, and the rules promulgated
13 under that Section, and the allocated amount of the
14 credits shall be allowed to the partners for that taxable
15 year. The partnership shall make this election on its
16 Personal Property Tax Replacement Income Tax return for
17 that taxable year. The election to pass through the
18 credits shall be irrevocable.
19 (f) Investment credit; Enterprise Zone.
20 (1) A taxpayer shall be allowed a credit against
21 the tax imposed by subsections (a) and (b) of this
22 Section for investment in qualified property which is
23 placed in service in an Enterprise Zone created pursuant
24 to the Illinois Enterprise Zone Act. For partners and for
25 shareholders of Subchapter S corporations, there shall be
26 allowed a credit under this subsection (f) to be
27 determined in accordance with the determination of income
28 and distributive share of income under Sections 702 and
29 704 and Subchapter S of the Internal Revenue Code. The
30 credit shall be .5% of the basis for such property. The
31 credit shall be available only in the taxable year in
32 which the property is placed in service in the Enterprise
33 Zone and shall not be allowed to the extent that it would
34 reduce a taxpayer's liability for the tax imposed by
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1 subsections (a) and (b) of this Section to below zero.
2 For tax years ending on or after December 31, 1985, the
3 credit shall be allowed for the tax year in which the
4 property is placed in service, or, if the amount of the
5 credit exceeds the tax liability for that year, whether
6 it exceeds the original liability or the liability as
7 later amended, such excess may be carried forward and
8 applied to the tax liability of the 5 taxable years
9 following the excess credit year. The credit shall be
10 applied to the earliest year for which there is a
11 liability. If there is credit from more than one tax year
12 that is available to offset a liability, the credit
13 accruing first in time shall be applied first.
14 (2) The term qualified property means property
15 which:
16 (A) is tangible, whether new or used,
17 including buildings and structural components of
18 buildings;
19 (B) is depreciable pursuant to Section 167 of
20 the Internal Revenue Code, except that "3-year
21 property" as defined in Section 168(c)(2)(A) of that
22 Code is not eligible for the credit provided by this
23 subsection (f);
24 (C) is acquired by purchase as defined in
25 Section 179(d) of the Internal Revenue Code;
26 (D) is used in the Enterprise Zone by the
27 taxpayer; and
28 (E) has not been previously used in Illinois
29 in such a manner and by such a person as would
30 qualify for the credit provided by this subsection
31 (f) or subsection (e).
32 (3) The basis of qualified property shall be the
33 basis used to compute the depreciation deduction for
34 federal income tax purposes.
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1 (4) If the basis of the property for federal income
2 tax depreciation purposes is increased after it has been
3 placed in service in the Enterprise Zone by the taxpayer,
4 the amount of such increase shall be deemed property
5 placed in service on the date of such increase in basis.
6 (5) The term "placed in service" shall have the
7 same meaning as under Section 46 of the Internal Revenue
8 Code.
9 (6) If during any taxable year, any property ceases
10 to be qualified property in the hands of the taxpayer
11 within 48 months after being placed in service, or the
12 situs of any qualified property is moved outside the
13 Enterprise Zone within 48 months after being placed in
14 service, the tax imposed under subsections (a) and (b) of
15 this Section for such taxable year shall be increased.
16 Such increase shall be determined by (i) recomputing the
17 investment credit which would have been allowed for the
18 year in which credit for such property was originally
19 allowed by eliminating such property from such
20 computation, and (ii) subtracting such recomputed credit
21 from the amount of credit previously allowed. For the
22 purposes of this paragraph (6), a reduction of the basis
23 of qualified property resulting from a redetermination of
24 the purchase price shall be deemed a disposition of
25 qualified property to the extent of such reduction.
26 (g) Jobs Tax Credit; Enterprise Zone and Foreign
27 Trade Zone or Sub-Zone.
28 (1) A taxpayer conducting a trade or business in an
29 enterprise zone or a High Impact Business designated by
30 the Department of Commerce and Community Affairs
31 conducting a trade or business in a federally designated
32 Foreign Trade Zone or Sub-Zone shall be allowed a credit
33 against the tax imposed by subsections (a) and (b) of
34 this Section in the amount of $500 per eligible employee
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1 hired to work in the zone during the taxable year.
2 (2) To qualify for the credit:
3 (A) the taxpayer must hire 5 or more eligible
4 employees to work in an enterprise zone or federally
5 designated Foreign Trade Zone or Sub-Zone during the
6 taxable year;
7 (B) the taxpayer's total employment within the
8 enterprise zone or federally designated Foreign
9 Trade Zone or Sub-Zone must increase by 5 or more
10 full-time employees beyond the total employed in
11 that zone at the end of the previous tax year for
12 which a jobs tax credit under this Section was
13 taken, or beyond the total employed by the taxpayer
14 as of December 31, 1985, whichever is later; and
15 (C) the eligible employees must be employed
16 180 consecutive days in order to be deemed hired for
17 purposes of this subsection.
18 (3) An "eligible employee" means an employee who
19 is:
20 (A) Certified by the Department of Commerce
21 and Community Affairs as "eligible for services"
22 pursuant to regulations promulgated in accordance
23 with Title II of the Job Training Partnership Act,
24 Training Services for the Disadvantaged or Title III
25 of the Job Training Partnership Act, Employment and
26 Training Assistance for Dislocated Workers Program.
27 (B) Hired after the enterprise zone or
28 federally designated Foreign Trade Zone or Sub-Zone
29 was designated or the trade or business was located
30 in that zone, whichever is later.
31 (C) Employed in the enterprise zone or Foreign
32 Trade Zone or Sub-Zone. An employee is employed in
33 an enterprise zone or federally designated Foreign
34 Trade Zone or Sub-Zone if his services are rendered
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1 there or it is the base of operations for the
2 services performed.
3 (D) A full-time employee working 30 or more
4 hours per week.
5 (4) For tax years ending on or after December 31,
6 1985 and prior to December 31, 1988, the credit shall be
7 allowed for the tax year in which the eligible employees
8 are hired. For tax years ending on or after December 31,
9 1988, the credit shall be allowed for the tax year
10 immediately following the tax year in which the eligible
11 employees are hired. If the amount of the credit exceeds
12 the tax liability for that year, whether it exceeds the
13 original liability or the liability as later amended,
14 such excess may be carried forward and applied to the tax
15 liability of the 5 taxable years following the excess
16 credit year. The credit shall be applied to the earliest
17 year for which there is a liability. If there is credit
18 from more than one tax year that is available to offset a
19 liability, earlier credit shall be applied first.
20 (5) The Department of Revenue shall promulgate such
21 rules and regulations as may be deemed necessary to carry
22 out the purposes of this subsection (g).
23 (6) The credit shall be available for eligible
24 employees hired on or after January 1, 1986.
25 (h) Investment credit; High Impact Business.
26 (1) Subject to subsection (b) of Section 5.5 of the
27 Illinois Enterprise Zone Act, a taxpayer shall be allowed
28 a credit against the tax imposed by subsections (a) and
29 (b) of this Section for investment in qualified property
30 which is placed in service by a Department of Commerce
31 and Community Affairs designated High Impact Business.
32 The credit shall be .5% of the basis for such property.
33 The credit shall not be available until the minimum
34 investments in qualified property set forth in Section
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1 5.5 of the Illinois Enterprise Zone Act have been
2 satisfied and shall not be allowed to the extent that it
3 would reduce a taxpayer's liability for the tax imposed
4 by subsections (a) and (b) of this Section to below zero.
5 The credit applicable to such minimum investments shall
6 be taken in the taxable year in which such minimum
7 investments have been completed. The credit for
8 additional investments beyond the minimum investment by a
9 designated high impact business shall be available only
10 in the taxable year in which the property is placed in
11 service and shall not be allowed to the extent that it
12 would reduce a taxpayer's liability for the tax imposed
13 by subsections (a) and (b) of this Section to below zero.
14 For tax years ending on or after December 31, 1987, the
15 credit shall be allowed for the tax year in which the
16 property is placed in service, or, if the amount of the
17 credit exceeds the tax liability for that year, whether
18 it exceeds the original liability or the liability as
19 later amended, such excess may be carried forward and
20 applied to the tax liability of the 5 taxable years
21 following the excess credit year. The credit shall be
22 applied to the earliest year for which there is a
23 liability. If there is credit from more than one tax
24 year that is available to offset a liability, the credit
25 accruing first in time shall be applied first.
26 Changes made in this subdivision (h)(1) by Public
27 Act 88-670 restore changes made by Public Act 85-1182 and
28 reflect existing law.
29 (2) The term qualified property means property
30 which:
31 (A) is tangible, whether new or used,
32 including buildings and structural components of
33 buildings;
34 (B) is depreciable pursuant to Section 167 of
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1 the Internal Revenue Code, except that "3-year
2 property" as defined in Section 168(c)(2)(A) of that
3 Code is not eligible for the credit provided by this
4 subsection (h);
5 (C) is acquired by purchase as defined in
6 Section 179(d) of the Internal Revenue Code; and
7 (D) is not eligible for the Enterprise Zone
8 Investment Credit provided by subsection (f) of this
9 Section.
10 (3) The basis of qualified property shall be the
11 basis used to compute the depreciation deduction for
12 federal income tax purposes.
13 (4) If the basis of the property for federal income
14 tax depreciation purposes is increased after it has been
15 placed in service in a federally designated Foreign Trade
16 Zone or Sub-Zone located in Illinois by the taxpayer, the
17 amount of such increase shall be deemed property placed
18 in service on the date of such increase in basis.
19 (5) The term "placed in service" shall have the
20 same meaning as under Section 46 of the Internal Revenue
21 Code.
22 (6) If during any taxable year ending on or before
23 December 31, 1996, any property ceases to be qualified
24 property in the hands of the taxpayer within 48 months
25 after being placed in service, or the situs of any
26 qualified property is moved outside Illinois within 48
27 months after being placed in service, the tax imposed
28 under subsections (a) and (b) of this Section for such
29 taxable year shall be increased. Such increase shall be
30 determined by (i) recomputing the investment credit which
31 would have been allowed for the year in which credit for
32 such property was originally allowed by eliminating such
33 property from such computation, and (ii) subtracting such
34 recomputed credit from the amount of credit previously
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1 allowed. For the purposes of this paragraph (6), a
2 reduction of the basis of qualified property resulting
3 from a redetermination of the purchase price shall be
4 deemed a disposition of qualified property to the extent
5 of such reduction.
6 (7) Beginning with tax years ending after December
7 31, 1996, if a taxpayer qualifies for the credit under
8 this subsection (h) and thereby is granted a tax
9 abatement and the taxpayer relocates its entire facility
10 in violation of the explicit terms and length of the
11 contract under Section 18-183 of the Property Tax Code,
12 the tax imposed under subsections (a) and (b) of this
13 Section shall be increased for the taxable year in which
14 the taxpayer relocated its facility by an amount equal to
15 the amount of credit received by the taxpayer under this
16 subsection (h).
17 (i) A credit shall be allowed against the tax imposed by
18 subsections (a) and (b) of this Section for the tax imposed
19 by subsections (c) and (d) of this Section. This credit
20 shall be computed by multiplying the tax imposed by
21 subsections (c) and (d) of this Section by a fraction, the
22 numerator of which is base income allocable to Illinois and
23 the denominator of which is Illinois base income, and further
24 multiplying the product by the tax rate imposed by
25 subsections (a) and (b) of this Section.
26 Any credit earned on or after December 31, 1986 under
27 this subsection which is unused in the year the credit is
28 computed because it exceeds the tax liability imposed by
29 subsections (a) and (b) for that year (whether it exceeds the
30 original liability or the liability as later amended) may be
31 carried forward and applied to the tax liability imposed by
32 subsections (a) and (b) of the 5 taxable years following the
33 excess credit year. This credit shall be applied first to
34 the earliest year for which there is a liability. If there
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1 is a credit under this subsection from more than one tax year
2 that is available to offset a liability the earliest credit
3 arising under this subsection shall be applied first.
4 If, during any taxable year ending on or after December
5 31, 1986, the tax imposed by subsections (c) and (d) of this
6 Section for which a taxpayer has claimed a credit under this
7 subsection (i) is reduced, the amount of credit for such tax
8 shall also be reduced. Such reduction shall be determined by
9 recomputing the credit to take into account the reduced tax
10 imposed by subsection (c) and (d). If any portion of the
11 reduced amount of credit has been carried to a different
12 taxable year, an amended return shall be filed for such
13 taxable year to reduce the amount of credit claimed.
14 (j) Training expense credit. Beginning with tax years
15 ending on or after December 31, 1986, a taxpayer shall be
16 allowed a credit against the tax imposed by subsection (a)
17 and (b) under this Section for all amounts paid or accrued,
18 on behalf of all persons employed by the taxpayer in Illinois
19 or Illinois residents employed outside of Illinois by a
20 taxpayer, for educational or vocational training in
21 semi-technical or technical fields or semi-skilled or skilled
22 fields, which were deducted from gross income in the
23 computation of taxable income. The credit against the tax
24 imposed by subsections (a) and (b) shall be 1.6% of such
25 training expenses. For partners and for shareholders of
26 subchapter S corporations, there shall be allowed a credit
27 under this subsection (j) to be determined in accordance with
28 the determination of income and distributive share of income
29 under Sections 702 and 704 and subchapter S of the Internal
30 Revenue Code.
31 Any credit allowed under this subsection which is unused
32 in the year the credit is earned may be carried forward to
33 each of the 5 taxable years following the year for which the
34 credit is first computed until it is used. This credit shall
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1 be applied first to the earliest year for which there is a
2 liability. If there is a credit under this subsection from
3 more than one tax year that is available to offset a
4 liability the earliest credit arising under this subsection
5 shall be applied first.
6 (k) Research and development credit.
7 Beginning with tax years ending after July 1, 1990, a
8 taxpayer shall be allowed a credit against the tax imposed by
9 subsections (a) and (b) of this Section for increasing
10 research activities in this State. The credit allowed
11 against the tax imposed by subsections (a) and (b) shall be
12 equal to 6 1/2% of the qualifying expenditures for increasing
13 research activities in this State.
14 For purposes of this subsection, "qualifying
15 expenditures" means the qualifying expenditures as defined
16 for the federal credit for increasing research activities
17 which would be allowable under Section 41 of the Internal
18 Revenue Code and which are conducted in this State,
19 "qualifying expenditures for increasing research activities
20 in this State" means the excess of qualifying expenditures
21 for the taxable year in which incurred over qualifying
22 expenditures for the base period, "qualifying expenditures
23 for the base period" means the average of the qualifying
24 expenditures for each year in the base period, and "base
25 period" means the 3 taxable years immediately preceding the
26 taxable year for which the determination is being made.
27 Any credit in excess of the tax liability for the taxable
28 year may be carried forward. A taxpayer may elect to have the
29 unused credit shown on its final completed return carried
30 over as a credit against the tax liability for the following
31 5 taxable years or until it has been fully used, whichever
32 occurs first.
33 If an unused credit is carried forward to a given year
34 from 2 or more earlier years, that credit arising in the
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1 earliest year will be applied first against the tax liability
2 for the given year. If a tax liability for the given year
3 still remains, the credit from the next earliest year will
4 then be applied, and so on, until all credits have been used
5 or no tax liability for the given year remains. Any
6 remaining unused credit or credits then will be carried
7 forward to the next following year in which a tax liability
8 is incurred, except that no credit can be carried forward to
9 a year which is more than 5 years after the year in which the
10 expense for which the credit is given was incurred.
11 Unless extended by law, the credit shall not include
12 costs incurred after December 31, 2004, except for costs
13 incurred pursuant to a binding contract entered into on or
14 before December 31, 2004.
15 (l) Environmental Remediation Tax Credit.
16 (i) For tax years ending after December 31, 1997
17 and on or before December 31, 2001, a taxpayer shall be
18 allowed a credit against the tax imposed by subsections
19 (a) and (b) of this Section for certain amounts paid for
20 unreimbursed eligible remediation costs, as specified in
21 this subsection. For purposes of this Section,
22 "unreimbursed eligible remediation costs" means costs
23 approved by the Illinois Environmental Protection Agency
24 ("Agency") under Section 58.14 of the Environmental
25 Protection Act that were paid in performing environmental
26 remediation at a site for which a No Further Remediation
27 Letter was issued by the Agency and recorded under
28 Section 58.10 of the Environmental Protection Act. The
29 credit must be claimed for the taxable year in which
30 Agency approval of the eligible remediation costs is
31 granted. The credit is not available to any taxpayer if
32 the taxpayer or any related party caused or contributed
33 to, in any material respect, a release of regulated
34 substances on, in, or under the site that was identified
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1 and addressed by the remedial action pursuant to the Site
2 Remediation Program of the Environmental Protection Act.
3 After the Pollution Control Board rules are adopted
4 pursuant to the Illinois Administrative Procedure Act for
5 the administration and enforcement of Section 58.9 of the
6 Environmental Protection Act, determinations as to credit
7 availability for purposes of this Section shall be made
8 consistent with those rules. For purposes of this
9 Section, "taxpayer" includes a person whose tax
10 attributes the taxpayer has succeeded to under Section
11 381 of the Internal Revenue Code and "related party"
12 includes the persons disallowed a deduction for losses by
13 paragraphs (b), (c), and (f)(1) of Section 267 of the
14 Internal Revenue Code by virtue of being a related
15 taxpayer, as well as any of its partners. The credit
16 allowed against the tax imposed by subsections (a) and
17 (b) shall be equal to 25% of the unreimbursed eligible
18 remediation costs in excess of $100,000 per site, except
19 that the $100,000 threshold shall not apply to any site
20 contained in an enterprise zone as determined by the
21 Department of Commerce and Community Affairs. The total
22 credit allowed shall not exceed $40,000 per year with a
23 maximum total of $150,000 per site. For partners and
24 shareholders of subchapter S corporations, there shall be
25 allowed a credit under this subsection to be determined
26 in accordance with the determination of income and
27 distributive share of income under Sections 702 and 704
28 of subchapter S of the Internal Revenue Code.
29 (ii) A credit allowed under this subsection that is
30 unused in the year the credit is earned may be carried
31 forward to each of the 5 taxable years following the year
32 for which the credit is first earned until it is used.
33 The term "unused credit" does not include any amounts of
34 unreimbursed eligible remediation costs in excess of the
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1 maximum credit per site authorized under paragraph (i).
2 This credit shall be applied first to the earliest year
3 for which there is a liability. If there is a credit
4 under this subsection from more than one tax year that is
5 available to offset a liability, the earliest credit
6 arising under this subsection shall be applied first. A
7 credit allowed under this subsection may be sold to a
8 buyer as part of a sale of all or part of the remediation
9 site for which the credit was granted. The purchaser of
10 a remediation site and the tax credit shall succeed to
11 the unused credit and remaining carry-forward period of
12 the seller. To perfect the transfer, the assignor shall
13 record the transfer in the chain of title for the site
14 and provide written notice to the Director of the
15 Illinois Department of Revenue of the assignor's intent
16 to sell the remediation site and the amount of the tax
17 credit to be transferred as a portion of the sale. In no
18 event may a credit be transferred to any taxpayer if the
19 taxpayer or a related party would not be eligible under
20 the provisions of subsection (i).
21 (iii) For purposes of this Section, the term "site"
22 shall have the same meaning as under Section 58.2 of the
23 Environmental Protection Act.
24 (Source: P.A. 89-235, eff. 8-4-95; 89-519, eff. 7-18-96;
25 89-591, eff. 8-1-96; 90-123, eff. 7-21-97; 90-458, eff.
26 8-17-97; 90-605, eff. 6-30-98; 90-655, eff. 7-30-98; 90-717,
27 eff. 8-7-98; 90-792, eff. 1-1-99; revised 9-16-98.)
28 (35 ILCS 5/203) (from Ch. 120, par. 2-203)
29 Sec. 203. Base income defined.
30 (a) Individuals.
31 (1) In general. In the case of an individual, base
32 income means an amount equal to the taxpayer's adjusted
33 gross income for the taxable year as modified by
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1 paragraph (2).
2 (2) Modifications. The adjusted gross income
3 referred to in paragraph (1) shall be modified by adding
4 thereto the sum of the following amounts:
5 (A) An amount equal to all amounts paid or
6 accrued to the taxpayer as interest or dividends
7 during the taxable year to the extent excluded from
8 gross income in the computation of adjusted gross
9 income, except stock dividends of qualified public
10 utilities described in Section 305(e) of the
11 Internal Revenue Code;
12 (B) An amount equal to the amount of tax
13 imposed by this Act to the extent deducted from
14 gross income in the computation of adjusted gross
15 income for the taxable year;
16 (C) An amount equal to the amount received
17 during the taxable year as a recovery or refund of
18 real property taxes paid with respect to the
19 taxpayer's principal residence under the Revenue Act
20 of 1939 and for which a deduction was previously
21 taken under subparagraph (L) of this paragraph (2)
22 prior to July 1, 1991, the retrospective application
23 date of Article 4 of Public Act 87-17. In the case
24 of multi-unit or multi-use structures and farm
25 dwellings, the taxes on the taxpayer's principal
26 residence shall be that portion of the total taxes
27 for the entire property which is attributable to
28 such principal residence;
29 (D) An amount equal to the amount of the
30 capital gain deduction allowable under the Internal
31 Revenue Code, to the extent deducted from gross
32 income in the computation of adjusted gross income;
33 (D-5) An amount, to the extent not included in
34 adjusted gross income, equal to the amount of money
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1 withdrawn by the taxpayer in the taxable year from a
2 medical care savings account and the interest earned
3 on the account in the taxable year of a withdrawal
4 pursuant to subsection (b) of Section 20 of the
5 Medical Care Savings Account Act; and
6 (D-10) For taxable years ending after December
7 31, 1997, an amount equal to any eligible
8 remediation costs that the individual deducted in
9 computing adjusted gross income and for which the
10 individual claims a credit under subsection (l) of
11 Section 201;
12 and by deducting from the total so obtained the sum of
13 the following amounts:
14 (E) Any amount included in such total in
15 respect of any compensation (including but not
16 limited to any compensation paid or accrued to a
17 serviceman while a prisoner of war or missing in
18 action) paid to a resident by reason of being on
19 active duty in the Armed Forces of the United States
20 and in respect of any compensation paid or accrued
21 to a resident who as a governmental employee was a
22 prisoner of war or missing in action, and in respect
23 of any compensation paid to a resident in 1971 or
24 thereafter for annual training performed pursuant to
25 Sections 502 and 503, Title 32, United States Code
26 as a member of the Illinois National Guard;
27 (F) An amount equal to all amounts included in
28 such total pursuant to the provisions of Sections
29 402(a), 402(c), 403(a), 403(b), 406(a), 407(a), and
30 408 of the Internal Revenue Code, or included in
31 such total as distributions under the provisions of
32 any retirement or disability plan for employees of
33 any governmental agency or unit, or retirement
34 payments to retired partners, which payments are
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1 excluded in computing net earnings from self
2 employment by Section 1402 of the Internal Revenue
3 Code and regulations adopted pursuant thereto;
4 (G) The valuation limitation amount;
5 (H) An amount equal to the amount of any tax
6 imposed by this Act which was refunded to the
7 taxpayer and included in such total for the taxable
8 year;
9 (I) An amount equal to all amounts included in
10 such total pursuant to the provisions of Section 111
11 of the Internal Revenue Code as a recovery of items
12 previously deducted from adjusted gross income in
13 the computation of taxable income;
14 (J) An amount equal to those dividends
15 included in such total which were paid by a
16 corporation which conducts business operations in an
17 Enterprise Zone or zones created under the Illinois
18 Enterprise Zone Act, and conducts substantially all
19 of its operations in an Enterprise Zone or zones;
20 (K) An amount equal to those dividends
21 included in such total that were paid by a
22 corporation that conducts business operations in a
23 federally designated Foreign Trade Zone or Sub-Zone
24 and that is designated a High Impact Business
25 located in Illinois; provided that dividends
26 eligible for the deduction provided in subparagraph
27 (J) of paragraph (2) of this subsection shall not be
28 eligible for the deduction provided under this
29 subparagraph (K);
30 (L) For taxable years ending after December
31 31, 1983, an amount equal to all social security
32 benefits and railroad retirement benefits included
33 in such total pursuant to Sections 72(r) and 86 of
34 the Internal Revenue Code;
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1 (M) With the exception of any amounts
2 subtracted under subparagraph (N), an amount equal
3 to the sum of all amounts disallowed as deductions
4 by Sections 171(a) (2), and 265(2) of the Internal
5 Revenue Code of 1954, as now or hereafter amended,
6 and all amounts of expenses allocable to interest
7 and disallowed as deductions by Section 265(1) of
8 the Internal Revenue Code of 1954, as now or
9 hereafter amended;
10 (N) An amount equal to all amounts included in
11 such total which are exempt from taxation by this
12 State either by reason of its statutes or
13 Constitution or by reason of the Constitution,
14 treaties or statutes of the United States; provided
15 that, in the case of any statute of this State that
16 exempts income derived from bonds or other
17 obligations from the tax imposed under this Act, the
18 amount exempted shall be the interest net of bond
19 premium amortization;
20 (O) An amount equal to any contribution made
21 to a job training project established pursuant to
22 the Tax Increment Allocation Redevelopment Act;
23 (P) An amount equal to the amount of the
24 deduction used to compute the federal income tax
25 credit for restoration of substantial amounts held
26 under claim of right for the taxable year pursuant
27 to Section 1341 of the Internal Revenue Code of
28 1986;
29 (Q) An amount equal to any amounts included in
30 such total, received by the taxpayer as an
31 acceleration in the payment of life, endowment or
32 annuity benefits in advance of the time they would
33 otherwise be payable as an indemnity for a terminal
34 illness;
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1 (R) An amount equal to the amount of any
2 federal or State bonus paid to veterans of the
3 Persian Gulf War;
4 (S) An amount, to the extent included in
5 adjusted gross income, equal to the amount of a
6 contribution made in the taxable year on behalf of
7 the taxpayer to a medical care savings account
8 established under the Medical Care Savings Account
9 Act to the extent the contribution is accepted by
10 the account administrator as provided in that Act;
11 (T) An amount, to the extent included in
12 adjusted gross income, equal to the amount of
13 interest earned in the taxable year on a medical
14 care savings account established under the Medical
15 Care Savings Account Act on behalf of the taxpayer,
16 other than interest added pursuant to item (D-5) of
17 this paragraph (2);
18 (U) For one taxable year beginning on or after
19 January 1, 1994, an amount equal to the total amount
20 of tax imposed and paid under subsections (a) and
21 (b) of Section 201 of this Act on grant amounts
22 received by the taxpayer under the Nursing Home
23 Grant Assistance Act during the taxpayer's taxable
24 years 1992 and 1993;
25 (V) Beginning with tax years ending on or
26 after December 31, 1995 and ending with tax years
27 ending on or before December 31, 1999, an amount
28 equal to the amount paid by a taxpayer who is a
29 self-employed taxpayer, a partner of a partnership,
30 or a shareholder in a Subchapter S corporation for
31 health insurance or long-term care insurance for
32 that taxpayer or that taxpayer's spouse or
33 dependents, to the extent that the amount paid for
34 that health insurance or long-term care insurance
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1 may be deducted under Section 213 of the Internal
2 Revenue Code of 1986, has not been deducted on the
3 federal income tax return of the taxpayer, and does
4 not exceed the taxable income attributable to that
5 taxpayer's income, self-employment income, or
6 Subchapter S corporation income; except that no
7 deduction shall be allowed under this item (V) if
8 the taxpayer is eligible to participate in any
9 health insurance or long-term care insurance plan of
10 an employer of the taxpayer or the taxpayer's
11 spouse. The amount of the health insurance and
12 long-term care insurance subtracted under this item
13 (V) shall be determined by multiplying total health
14 insurance and long-term care insurance premiums paid
15 by the taxpayer times a number that represents the
16 fractional percentage of eligible medical expenses
17 under Section 213 of the Internal Revenue Code of
18 1986 not actually deducted on the taxpayer's federal
19 income tax return; and
20 (W) For taxable years beginning on or after
21 January 1, 1998, all amounts included in the
22 taxpayer's federal gross income in the taxable year
23 from amounts converted from a regular IRA to a Roth
24 IRA. This paragraph is exempt from the provisions of
25 Section 250.
26 (b) Corporations.
27 (1) In general. In the case of a corporation, base
28 income means an amount equal to the taxpayer's taxable
29 income for the taxable year as modified by paragraph (2).
30 (2) Modifications. The taxable income referred to
31 in paragraph (1) shall be modified by adding thereto the
32 sum of the following amounts:
33 (A) An amount equal to all amounts paid or
34 accrued to the taxpayer as interest and all
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1 distributions received from regulated investment
2 companies during the taxable year to the extent
3 excluded from gross income in the computation of
4 taxable income;
5 (B) An amount equal to the amount of tax
6 imposed by this Act to the extent deducted from
7 gross income in the computation of taxable income
8 for the taxable year;
9 (C) In the case of a regulated investment
10 company, an amount equal to the excess of (i) the
11 net long-term capital gain for the taxable year,
12 over (ii) the amount of the capital gain dividends
13 designated as such in accordance with Section
14 852(b)(3)(C) of the Internal Revenue Code and any
15 amount designated under Section 852(b)(3)(D) of the
16 Internal Revenue Code, attributable to the taxable
17 year. (this amendatory Act of 1995 (Public Act
18 89-89) is declarative of existing law and is not a
19 new enactment);.
20 (D) The amount of any net operating loss
21 deduction taken in arriving at taxable income, other
22 than a net operating loss carried forward from a
23 taxable year ending prior to December 31, 1986; and
24 (E) For taxable years in which a net operating
25 loss carryback or carryforward from a taxable year
26 ending prior to December 31, 1986 is an element of
27 taxable income under paragraph (1) of subsection (e)
28 or subparagraph (E) of paragraph (2) of subsection
29 (e), the amount by which addition modifications
30 other than those provided by this subparagraph (E)
31 exceeded subtraction modifications in such earlier
32 taxable year, with the following limitations applied
33 in the order that they are listed:
34 (i) the addition modification relating to
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1 the net operating loss carried back or forward
2 to the taxable year from any taxable year
3 ending prior to December 31, 1986 shall be
4 reduced by the amount of addition modification
5 under this subparagraph (E) which related to
6 that net operating loss and which was taken
7 into account in calculating the base income of
8 an earlier taxable year, and
9 (ii) the addition modification relating
10 to the net operating loss carried back or
11 forward to the taxable year from any taxable
12 year ending prior to December 31, 1986 shall
13 not exceed the amount of such carryback or
14 carryforward;
15 For taxable years in which there is a net
16 operating loss carryback or carryforward from more
17 than one other taxable year ending prior to December
18 31, 1986, the addition modification provided in this
19 subparagraph (E) shall be the sum of the amounts
20 computed independently under the preceding
21 provisions of this subparagraph (E) for each such
22 taxable year;, and
23 (E-5) For taxable years ending after December
24 31, 1997, an amount equal to any eligible
25 remediation costs that the corporation deducted in
26 computing adjusted gross income and for which the
27 corporation claims a credit under subsection (l) of
28 Section 201;
29 and by deducting from the total so obtained the sum of
30 the following amounts:
31 (F) An amount equal to the amount of any tax
32 imposed by this Act which was refunded to the
33 taxpayer and included in such total for the taxable
34 year;
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1 (G) An amount equal to any amount included in
2 such total under Section 78 of the Internal Revenue
3 Code;
4 (H) In the case of a regulated investment
5 company, an amount equal to the amount of exempt
6 interest dividends as defined in subsection (b) (5)
7 of Section 852 of the Internal Revenue Code, paid to
8 shareholders for the taxable year;
9 (I) With the exception of any amounts
10 subtracted under subparagraph (J), an amount equal
11 to the sum of all amounts disallowed as deductions
12 by Sections 171(a) (2), and 265(a)(2) and amounts
13 disallowed as interest expense by Section 291(a)(3)
14 of the Internal Revenue Code, as now or hereafter
15 amended, and all amounts of expenses allocable to
16 interest and disallowed as deductions by Section
17 265(a)(1) of the Internal Revenue Code, as now or
18 hereafter amended;
19 (J) An amount equal to all amounts included in
20 such total which are exempt from taxation by this
21 State either by reason of its statutes or
22 Constitution or by reason of the Constitution,
23 treaties or statutes of the United States; provided
24 that, in the case of any statute of this State that
25 exempts income derived from bonds or other
26 obligations from the tax imposed under this Act, the
27 amount exempted shall be the interest net of bond
28 premium amortization;
29 (K) An amount equal to those dividends
30 included in such total which were paid by a
31 corporation which conducts business operations in an
32 Enterprise Zone or zones created under the Illinois
33 Enterprise Zone Act and conducts substantially all
34 of its operations in an Enterprise Zone or zones;
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1 (L) An amount equal to those dividends
2 included in such total that were paid by a
3 corporation that conducts business operations in a
4 federally designated Foreign Trade Zone or Sub-Zone
5 and that is designated a High Impact Business
6 located in Illinois; provided that dividends
7 eligible for the deduction provided in subparagraph
8 (K) of paragraph 2 of this subsection shall not be
9 eligible for the deduction provided under this
10 subparagraph (L);
11 (M) For any taxpayer that is a financial
12 organization within the meaning of Section 304(c) of
13 this Act, an amount included in such total as
14 interest income from a loan or loans made by such
15 taxpayer to a borrower, to the extent that such a
16 loan is secured by property which is eligible for
17 the Enterprise Zone Investment Credit. To determine
18 the portion of a loan or loans that is secured by
19 property eligible for a Section 201(h) investment
20 credit to the borrower, the entire principal amount
21 of the loan or loans between the taxpayer and the
22 borrower should be divided into the basis of the
23 Section 201(h) investment credit property which
24 secures the loan or loans, using for this purpose
25 the original basis of such property on the date that
26 it was placed in service in the Enterprise Zone.
27 The subtraction modification available to taxpayer
28 in any year under this subsection shall be that
29 portion of the total interest paid by the borrower
30 with respect to such loan attributable to the
31 eligible property as calculated under the previous
32 sentence;
33 (M-1) For any taxpayer that is a financial
34 organization within the meaning of Section 304(c) of
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1 this Act, an amount included in such total as
2 interest income from a loan or loans made by such
3 taxpayer to a borrower, to the extent that such a
4 loan is secured by property which is eligible for
5 the High Impact Business Investment Credit. To
6 determine the portion of a loan or loans that is
7 secured by property eligible for a Section 201(i)
8 investment credit to the borrower, the entire
9 principal amount of the loan or loans between the
10 taxpayer and the borrower should be divided into the
11 basis of the Section 201(i) investment credit
12 property which secures the loan or loans, using for
13 this purpose the original basis of such property on
14 the date that it was placed in service in a
15 federally designated Foreign Trade Zone or Sub-Zone
16 located in Illinois. No taxpayer that is eligible
17 for the deduction provided in subparagraph (M) of
18 paragraph (2) of this subsection shall be eligible
19 for the deduction provided under this subparagraph
20 (M-1). The subtraction modification available to
21 taxpayers in any year under this subsection shall be
22 that portion of the total interest paid by the
23 borrower with respect to such loan attributable to
24 the eligible property as calculated under the
25 previous sentence;
26 (N) Two times any contribution made during the
27 taxable year to a designated zone organization to
28 the extent that the contribution (i) qualifies as a
29 charitable contribution under subsection (c) of
30 Section 170 of the Internal Revenue Code and (ii)
31 must, by its terms, be used for a project approved
32 by the Department of Commerce and Community Affairs
33 under Section 11 of the Illinois Enterprise Zone
34 Act;
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1 (O) An amount equal to: (i) 85% for taxable
2 years ending on or before December 31, 1992, or, a
3 percentage equal to the percentage allowable under
4 Section 243(a)(1) of the Internal Revenue Code of
5 1986 for taxable years ending after December 31,
6 1992, of the amount by which dividends included in
7 taxable income and received from a corporation that
8 is not created or organized under the laws of the
9 United States or any state or political subdivision
10 thereof, including, for taxable years ending on or
11 after December 31, 1988, dividends received or
12 deemed received or paid or deemed paid under
13 Sections 951 through 964 of the Internal Revenue
14 Code, exceed the amount of the modification provided
15 under subparagraph (G) of paragraph (2) of this
16 subsection (b) which is related to such dividends;
17 plus (ii) 100% of the amount by which dividends,
18 included in taxable income and received, including,
19 for taxable years ending on or after December 31,
20 1988, dividends received or deemed received or paid
21 or deemed paid under Sections 951 through 964 of the
22 Internal Revenue Code, from any such corporation
23 specified in clause (i) that would but for the
24 provisions of Section 1504 (b) (3) of the Internal
25 Revenue Code be treated as a member of the
26 affiliated group which includes the dividend
27 recipient, exceed the amount of the modification
28 provided under subparagraph (G) of paragraph (2) of
29 this subsection (b) which is related to such
30 dividends;
31 (P) An amount equal to any contribution made
32 to a job training project established pursuant to
33 the Tax Increment Allocation Redevelopment Act; and
34 (Q) An amount equal to the amount of the
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1 deduction used to compute the federal income tax
2 credit for restoration of substantial amounts held
3 under claim of right for the taxable year pursuant
4 to Section 1341 of the Internal Revenue Code of
5 1986.
6 (3) Special rule. For purposes of paragraph (2)
7 (A), "gross income" in the case of a life insurance
8 company, for tax years ending on and after December 31,
9 1994, shall mean the gross investment income for the
10 taxable year.
11 (c) Trusts and estates.
12 (1) In general. In the case of a trust or estate,
13 base income means an amount equal to the taxpayer's
14 taxable income for the taxable year as modified by
15 paragraph (2).
16 (2) Modifications. Subject to the provisions of
17 paragraph (3), the taxable income referred to in
18 paragraph (1) shall be modified by adding thereto the sum
19 of the following amounts:
20 (A) An amount equal to all amounts paid or
21 accrued to the taxpayer as interest or dividends
22 during the taxable year to the extent excluded from
23 gross income in the computation of taxable income;
24 (B) In the case of (i) an estate, $600; (ii) a
25 trust which, under its governing instrument, is
26 required to distribute all of its income currently,
27 $300; and (iii) any other trust, $100, but in each
28 such case, only to the extent such amount was
29 deducted in the computation of taxable income;
30 (C) An amount equal to the amount of tax
31 imposed by this Act to the extent deducted from
32 gross income in the computation of taxable income
33 for the taxable year;
34 (D) The amount of any net operating loss
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1 deduction taken in arriving at taxable income, other
2 than a net operating loss carried forward from a
3 taxable year ending prior to December 31, 1986;
4 (E) For taxable years in which a net operating
5 loss carryback or carryforward from a taxable year
6 ending prior to December 31, 1986 is an element of
7 taxable income under paragraph (1) of subsection (e)
8 or subparagraph (E) of paragraph (2) of subsection
9 (e), the amount by which addition modifications
10 other than those provided by this subparagraph (E)
11 exceeded subtraction modifications in such taxable
12 year, with the following limitations applied in the
13 order that they are listed:
14 (i) the addition modification relating to
15 the net operating loss carried back or forward
16 to the taxable year from any taxable year
17 ending prior to December 31, 1986 shall be
18 reduced by the amount of addition modification
19 under this subparagraph (E) which related to
20 that net operating loss and which was taken
21 into account in calculating the base income of
22 an earlier taxable year, and
23 (ii) the addition modification relating
24 to the net operating loss carried back or
25 forward to the taxable year from any taxable
26 year ending prior to December 31, 1986 shall
27 not exceed the amount of such carryback or
28 carryforward;
29 For taxable years in which there is a net
30 operating loss carryback or carryforward from more
31 than one other taxable year ending prior to December
32 31, 1986, the addition modification provided in this
33 subparagraph (E) shall be the sum of the amounts
34 computed independently under the preceding
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1 provisions of this subparagraph (E) for each such
2 taxable year;
3 (F) For taxable years ending on or after
4 January 1, 1989, an amount equal to the tax deducted
5 pursuant to Section 164 of the Internal Revenue Code
6 if the trust or estate is claiming the same tax for
7 purposes of the Illinois foreign tax credit under
8 Section 601 of this Act;
9 (G) An amount equal to the amount of the
10 capital gain deduction allowable under the Internal
11 Revenue Code, to the extent deducted from gross
12 income in the computation of taxable income; and
13 (G-5) For taxable years ending after December
14 31, 1997, an amount equal to any eligible
15 remediation costs that the trust or estate deducted
16 in computing adjusted gross income and for which the
17 trust or estate claims a credit under subsection (l)
18 of Section 201;
19 and by deducting from the total so obtained the sum of
20 the following amounts:
21 (H) An amount equal to all amounts included in
22 such total pursuant to the provisions of Sections
23 402(a), 402(c), 403(a), 403(b), 406(a), 407(a) and
24 408 of the Internal Revenue Code or included in such
25 total as distributions under the provisions of any
26 retirement or disability plan for employees of any
27 governmental agency or unit, or retirement payments
28 to retired partners, which payments are excluded in
29 computing net earnings from self employment by
30 Section 1402 of the Internal Revenue Code and
31 regulations adopted pursuant thereto;
32 (I) The valuation limitation amount;
33 (J) An amount equal to the amount of any tax
34 imposed by this Act which was refunded to the
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1 taxpayer and included in such total for the taxable
2 year;
3 (K) An amount equal to all amounts included in
4 taxable income as modified by subparagraphs (A),
5 (B), (C), (D), (E), (F) and (G) which are exempt
6 from taxation by this State either by reason of its
7 statutes or Constitution or by reason of the
8 Constitution, treaties or statutes of the United
9 States; provided that, in the case of any statute of
10 this State that exempts income derived from bonds or
11 other obligations from the tax imposed under this
12 Act, the amount exempted shall be the interest net
13 of bond premium amortization;
14 (L) With the exception of any amounts
15 subtracted under subparagraph (K), an amount equal
16 to the sum of all amounts disallowed as deductions
17 by Sections 171(a) (2) and 265(a)(2) of the Internal
18 Revenue Code, as now or hereafter amended, and all
19 amounts of expenses allocable to interest and
20 disallowed as deductions by Section 265(1) of the
21 Internal Revenue Code of 1954, as now or hereafter
22 amended;
23 (M) An amount equal to those dividends
24 included in such total which were paid by a
25 corporation which conducts business operations in an
26 Enterprise Zone or zones created under the Illinois
27 Enterprise Zone Act and conducts substantially all
28 of its operations in an Enterprise Zone or Zones;
29 (N) An amount equal to any contribution made
30 to a job training project established pursuant to
31 the Tax Increment Allocation Redevelopment Act;
32 (O) An amount equal to those dividends
33 included in such total that were paid by a
34 corporation that conducts business operations in a
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1 federally designated Foreign Trade Zone or Sub-Zone
2 and that is designated a High Impact Business
3 located in Illinois; provided that dividends
4 eligible for the deduction provided in subparagraph
5 (M) of paragraph (2) of this subsection shall not be
6 eligible for the deduction provided under this
7 subparagraph (O); and
8 (P) An amount equal to the amount of the
9 deduction used to compute the federal income tax
10 credit for restoration of substantial amounts held
11 under claim of right for the taxable year pursuant
12 to Section 1341 of the Internal Revenue Code of
13 1986.
14 (3) Limitation. The amount of any modification
15 otherwise required under this subsection shall, under
16 regulations prescribed by the Department, be adjusted by
17 any amounts included therein which were properly paid,
18 credited, or required to be distributed, or permanently
19 set aside for charitable purposes pursuant to Internal
20 Revenue Code Section 642(c) during the taxable year.
21 (d) Partnerships.
22 (1) In general. In the case of a partnership, base
23 income means an amount equal to the taxpayer's taxable
24 income for the taxable year as modified by paragraph (2).
25 (2) Modifications. The taxable income referred to
26 in paragraph (1) shall be modified by adding thereto the
27 sum of the following amounts:
28 (A) An amount equal to all amounts paid or
29 accrued to the taxpayer as interest or dividends
30 during the taxable year to the extent excluded from
31 gross income in the computation of taxable income;
32 (B) An amount equal to the amount of tax
33 imposed by this Act to the extent deducted from
34 gross income for the taxable year; and
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1 (C) The amount of deductions allowed to the
2 partnership pursuant to Section 707 (c) of the
3 Internal Revenue Code in calculating its taxable
4 income; and
5 (D) An amount equal to the amount of the
6 capital gain deduction allowable under the Internal
7 Revenue Code, to the extent deducted from gross
8 income in the computation of taxable income;
9 and by deducting from the total so obtained the following
10 amounts:
11 (E) The valuation limitation amount;
12 (F) An amount equal to the amount of any tax
13 imposed by this Act which was refunded to the
14 taxpayer and included in such total for the taxable
15 year;
16 (G) An amount equal to all amounts included in
17 taxable income as modified by subparagraphs (A),
18 (B), (C) and (D) which are exempt from taxation by
19 this State either by reason of its statutes or
20 Constitution or by reason of the Constitution,
21 treaties or statutes of the United States; provided
22 that, in the case of any statute of this State that
23 exempts income derived from bonds or other
24 obligations from the tax imposed under this Act, the
25 amount exempted shall be the interest net of bond
26 premium amortization;
27 (H) Any income of the partnership which
28 constitutes personal service income as defined in
29 Section 1348 (b) (1) of the Internal Revenue Code
30 (as in effect December 31, 1981) or a reasonable
31 allowance for compensation paid or accrued for
32 services rendered by partners to the partnership,
33 whichever is greater;
34 (I) An amount equal to all amounts of income
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1 distributable to an entity subject to the Personal
2 Property Tax Replacement Income Tax imposed by
3 subsections (c) and (d) of Section 201 of this Act
4 including amounts distributable to organizations
5 exempt from federal income tax by reason of Section
6 501(a) of the Internal Revenue Code;
7 (J) With the exception of any amounts
8 subtracted under subparagraph (G), an amount equal
9 to the sum of all amounts disallowed as deductions
10 by Sections 171(a) (2), and 265(2) of the Internal
11 Revenue Code of 1954, as now or hereafter amended,
12 and all amounts of expenses allocable to interest
13 and disallowed as deductions by Section 265(1) of
14 the Internal Revenue Code, as now or hereafter
15 amended;
16 (K) An amount equal to those dividends
17 included in such total which were paid by a
18 corporation which conducts business operations in an
19 Enterprise Zone or zones created under the Illinois
20 Enterprise Zone Act, enacted by the 82nd General
21 Assembly, and which does not conduct such operations
22 other than in an Enterprise Zone or Zones;
23 (L) An amount equal to any contribution made
24 to a job training project established pursuant to
25 the Real Property Tax Increment Allocation
26 Redevelopment Act;
27 (M) An amount equal to those dividends
28 included in such total that were paid by a
29 corporation that conducts business operations in a
30 federally designated Foreign Trade Zone or Sub-Zone
31 and that is designated a High Impact Business
32 located in Illinois; provided that dividends
33 eligible for the deduction provided in subparagraph
34 (K) of paragraph (2) of this subsection shall not be
-317- LRB9101253EGfg
1 eligible for the deduction provided under this
2 subparagraph (M); and
3 (N) An amount equal to the amount of the
4 deduction used to compute the federal income tax
5 credit for restoration of substantial amounts held
6 under claim of right for the taxable year pursuant
7 to Section 1341 of the Internal Revenue Code of
8 1986.
9 (e) Gross income; adjusted gross income; taxable income.
10 (1) In general. Subject to the provisions of
11 paragraph (2) and subsection (b) (3), for purposes of
12 this Section and Section 803(e), a taxpayer's gross
13 income, adjusted gross income, or taxable income for the
14 taxable year shall mean the amount of gross income,
15 adjusted gross income or taxable income properly
16 reportable for federal income tax purposes for the
17 taxable year under the provisions of the Internal Revenue
18 Code. Taxable income may be less than zero. However, for
19 taxable years ending on or after December 31, 1986, net
20 operating loss carryforwards from taxable years ending
21 prior to December 31, 1986, may not exceed the sum of
22 federal taxable income for the taxable year before net
23 operating loss deduction, plus the excess of addition
24 modifications over subtraction modifications for the
25 taxable year. For taxable years ending prior to December
26 31, 1986, taxable income may never be an amount in excess
27 of the net operating loss for the taxable year as defined
28 in subsections (c) and (d) of Section 172 of the Internal
29 Revenue Code, provided that when taxable income of a
30 corporation (other than a Subchapter S corporation),
31 trust, or estate is less than zero and addition
32 modifications, other than those provided by subparagraph
33 (E) of paragraph (2) of subsection (b) for corporations
34 or subparagraph (E) of paragraph (2) of subsection (c)
-318- LRB9101253EGfg
1 for trusts and estates, exceed subtraction modifications,
2 an addition modification must be made under those
3 subparagraphs for any other taxable year to which the
4 taxable income less than zero (net operating loss) is
5 applied under Section 172 of the Internal Revenue Code or
6 under subparagraph (E) of paragraph (2) of this
7 subsection (e) applied in conjunction with Section 172 of
8 the Internal Revenue Code.
9 (2) Special rule. For purposes of paragraph (1) of
10 this subsection, the taxable income properly reportable
11 for federal income tax purposes shall mean:
12 (A) Certain life insurance companies. In the
13 case of a life insurance company subject to the tax
14 imposed by Section 801 of the Internal Revenue Code,
15 life insurance company taxable income, plus the
16 amount of distribution from pre-1984 policyholder
17 surplus accounts as calculated under Section 815a of
18 the Internal Revenue Code;
19 (B) Certain other insurance companies. In the
20 case of mutual insurance companies subject to the
21 tax imposed by Section 831 of the Internal Revenue
22 Code, insurance company taxable income;
23 (C) Regulated investment companies. In the
24 case of a regulated investment company subject to
25 the tax imposed by Section 852 of the Internal
26 Revenue Code, investment company taxable income;
27 (D) Real estate investment trusts. In the
28 case of a real estate investment trust subject to
29 the tax imposed by Section 857 of the Internal
30 Revenue Code, real estate investment trust taxable
31 income;
32 (E) Consolidated corporations. In the case of
33 a corporation which is a member of an affiliated
34 group of corporations filing a consolidated income
-319- LRB9101253EGfg
1 tax return for the taxable year for federal income
2 tax purposes, taxable income determined as if such
3 corporation had filed a separate return for federal
4 income tax purposes for the taxable year and each
5 preceding taxable year for which it was a member of
6 an affiliated group. For purposes of this
7 subparagraph, the taxpayer's separate taxable income
8 shall be determined as if the election provided by
9 Section 243(b) (2) of the Internal Revenue Code had
10 been in effect for all such years;
11 (F) Cooperatives. In the case of a
12 cooperative corporation or association, the taxable
13 income of such organization determined in accordance
14 with the provisions of Section 1381 through 1388 of
15 the Internal Revenue Code;
16 (G) Subchapter S corporations. In the case
17 of: (i) a Subchapter S corporation for which there
18 is in effect an election for the taxable year under
19 Section 1362 of the Internal Revenue Code, the
20 taxable income of such corporation determined in
21 accordance with Section 1363(b) of the Internal
22 Revenue Code, except that taxable income shall take
23 into account those items which are required by
24 Section 1363(b)(1) of the Internal Revenue Code to
25 be separately stated; and (ii) a Subchapter S
26 corporation for which there is in effect a federal
27 election to opt out of the provisions of the
28 Subchapter S Revision Act of 1982 and have applied
29 instead the prior federal Subchapter S rules as in
30 effect on July 1, 1982, the taxable income of such
31 corporation determined in accordance with the
32 federal Subchapter S rules as in effect on July 1,
33 1982; and
34 (H) Partnerships. In the case of a
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1 partnership, taxable income determined in accordance
2 with Section 703 of the Internal Revenue Code,
3 except that taxable income shall take into account
4 those items which are required by Section 703(a)(1)
5 to be separately stated but which would be taken
6 into account by an individual in calculating his
7 taxable income.
8 (f) Valuation limitation amount.
9 (1) In general. The valuation limitation amount
10 referred to in subsections (a) (2) (G), (c) (2) (I) and
11 (d)(2) (E) is an amount equal to:
12 (A) The sum of the pre-August 1, 1969
13 appreciation amounts (to the extent consisting of
14 gain reportable under the provisions of Section 1245
15 or 1250 of the Internal Revenue Code) for all
16 property in respect of which such gain was reported
17 for the taxable year; plus
18 (B) The lesser of (i) the sum of the
19 pre-August 1, 1969 appreciation amounts (to the
20 extent consisting of capital gain) for all property
21 in respect of which such gain was reported for
22 federal income tax purposes for the taxable year, or
23 (ii) the net capital gain for the taxable year,
24 reduced in either case by any amount of such gain
25 included in the amount determined under subsection
26 (a) (2) (F) or (c) (2) (H).
27 (2) Pre-August 1, 1969 appreciation amount.
28 (A) If the fair market value of property
29 referred to in paragraph (1) was readily
30 ascertainable on August 1, 1969, the pre-August 1,
31 1969 appreciation amount for such property is the
32 lesser of (i) the excess of such fair market value
33 over the taxpayer's basis (for determining gain) for
34 such property on that date (determined under the
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1 Internal Revenue Code as in effect on that date), or
2 (ii) the total gain realized and reportable for
3 federal income tax purposes in respect of the sale,
4 exchange or other disposition of such property.
5 (B) If the fair market value of property
6 referred to in paragraph (1) was not readily
7 ascertainable on August 1, 1969, the pre-August 1,
8 1969 appreciation amount for such property is that
9 amount which bears the same ratio to the total gain
10 reported in respect of the property for federal
11 income tax purposes for the taxable year, as the
12 number of full calendar months in that part of the
13 taxpayer's holding period for the property ending
14 July 31, 1969 bears to the number of full calendar
15 months in the taxpayer's entire holding period for
16 the property.
17 (C) The Department shall prescribe such
18 regulations as may be necessary to carry out the
19 purposes of this paragraph.
20 (g) Double deductions. Unless specifically provided
21 otherwise, nothing in this Section shall permit the same item
22 to be deducted more than once.
23 (h) Legislative intention. Except as expressly provided
24 by this Section there shall be no modifications or
25 limitations on the amounts of income, gain, loss or deduction
26 taken into account in determining gross income, adjusted
27 gross income or taxable income for federal income tax
28 purposes for the taxable year, or in the amount of such items
29 entering into the computation of base income and net income
30 under this Act for such taxable year, whether in respect of
31 property values as of August 1, 1969 or otherwise.
32 (Source: P.A. 89-89, eff. 6-30-95; 89-235, eff. 8-4-95;
33 89-418, eff. 11-15-95; 89-460, eff. 5-24-96; 89-626, eff.
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1 8-9-96; 90-491, eff. 1-1-98; 90-717, eff. 8-7-98; 90-770,
2 eff. 8-14-98; revised 9-21-98.)
3 (35 ILCS 5/204) (from Ch. 120, par. 2-204)
4 Sec. 204. Standard Exemption.
5 (a) Allowance of exemption. In computing net income
6 under this Act, there shall be allowed as an exemption the
7 sum of the amounts determined under subsections (b), (c) and
8 (d), multiplied by a fraction the numerator of which is the
9 amount of the taxpayer's base income allocable to this State
10 for the taxable year and the denominator of which is the
11 taxpayer's total base income for the taxable year.
12 (b) Basic amount. For the purpose of subsection (a) of
13 this Section, except as provided by subsection (a) of Section
14 205 and in this subsection, each taxpayer shall be allowed a
15 basic amount of $1000, except that for individuals the basic
16 amount shall be:
17 (1) for taxable years ending on or after December
18 31, 1998 and prior to December 31, 1999, $1,300;
19 (2) for taxable years ending on or after December
20 31, 1999 and prior to December 31, 2000, $1,650;
21 (3) for taxable years ending on or after December
22 31, 2000, $2,000.
23 For taxable years ending on or after December 31, 1992, a
24 taxpayer whose Illinois base income exceeds the basic amount
25 and who is claimed as a dependent on another person's tax
26 return under the Internal Revenue Code of 1986 shall not be
27 allowed any basic amount under this subsection. The
28 provisions of Section 250 shall not apply to the amendments
29 made by this amendatory Act of 1998.
30 (c) Additional amount for individuals. In the case of an
31 individual taxpayer, there shall be allowed for the purpose
32 of subsection (a), in addition to the basic amount provided
33 by subsection (b), an additional exemption equal to the basic
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1 amount for each exemption in excess of one allowable to such
2 individual taxpayer for the taxable year under Section 151 of
3 the Internal Revenue Code. The provisions of Section 250
4 shall not apply to the amendments made by this amendatory Act
5 of 1998.
6 (d) Additional exemptions for an individual taxpayer and
7 his or her spouse. In the case of an individual taxpayer and
8 his or her spouse, he or she shall each be allowed additional
9 exemptions as follows:
10 (1) Additional exemption for taxpayer or spouse 65
11 years of age or older.
12 (A) For taxpayer. An additional exemption of
13 $1,000 for the taxpayer if he or she has attained
14 the age of 65 before the end of the taxable year.
15 (B) For spouse when a joint return is not
16 filed. An additional exemption of $1,000 for the
17 spouse of the taxpayer if a joint return is not made
18 by the taxpayer and his spouse, and if the spouse
19 has attained the age of 65 before the end of such
20 taxable year, and, for the calendar year in which
21 the taxable year of the taxpayer begins, has no
22 gross income and is not the dependent of another
23 taxpayer.
24 (2) Additional exemption for blindness of taxpayer
25 or spouse.
26 (A) For taxpayer. An additional exemption of
27 $1,000 for the taxpayer if he or she is blind at the
28 end of the taxable year.
29 (B) For spouse when a joint return is not
30 filed. An additional exemption of $1,000 for the
31 spouse of the taxpayer if a separate return is made
32 by the taxpayer, and if the spouse is blind and, for
33 the calendar year in which the taxable year of the
34 taxpayer begins, has no gross income and is not the
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1 dependent of another taxpayer. For purposes of this
2 paragraph, the determination of whether the spouse
3 is blind shall be made as of the end of the taxable
4 year of the taxpayer; except that if the spouse dies
5 during such taxable year such determination shall be
6 made as of the time of such death.
7 (C) Blindness defined. For purposes of this
8 subsection, an individual is blind only if his or
9 her central visual acuity does not exceed 20/200 in
10 the better eye with correcting lenses, or if his or
11 her visual acuity is greater than 20/200 but is
12 accompanied by a limitation in the fields of vision
13 such that the widest diameter of the visual fields
14 subtends an angle no greater than 20 degrees.
15 (e) Cross reference. See Article 3 for the manner of
16 determining base income allocable to this State.
17 (f) Application of Section 250. Section 250 does not
18 apply to the amendments to this Section made by Public Act
19 90-613.
20 (Source: P.A. 90-613, eff. 7-9-98; revised 8-12-98.)
21 (35 ILCS 5/509) (from Ch. 120, par. 5-509)
22 Sec. 509. Tax checkoff explanations. All individual
23 income tax return forms shall contain appropriate
24 explanations and spaces to enable the taxpayers to designate
25 contributions to the Child Abuse Prevention Fund, to the
26 Community Health Center Care Fund, to the Illinois Wildlife
27 Preservation Fund as required by the Illinois Non-Game
28 Wildlife Protection Act, to the Alzheimer's Disease Research
29 Fund as required by the Alzheimer's Disease Research Act, to
30 the Assistance to the Homeless Fund as required by this Act,
31 to the Heritage Preservation Fund as required by the Heritage
32 Preservation Act, to the Child Care Expansion Program Fund as
33 required by the Child Care Expansion Program Act, to the Ryan
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1 White AIDS Victims Assistance Fund, to the Assistive
2 Technology for Persons with Disabilities Fund, to the
3 Domestic Violence Shelter and Service Fund, to the United
4 States Olympians Assistance Fund, to the Youth Drug Abuse
5 Prevention Fund, to the Persian Gulf Conflict Veterans Fund,
6 to the Literacy Advancement Fund, to the Ryan White Pediatric
7 and Adult AIDS Fund, to the Illinois Special Olympics
8 Checkoff Fund, to the Breast and Cervical Cancer Research
9 Fund, to the Korean War Memorial Fund, to the Heart Disease
10 Treatment and Prevention Fund, to the Hemophilia Treatment
11 Fund, to the Mental Health Research Fund, to the Children's
12 Cancer Fund, to the American Diabetes Association Fund, to
13 the Women in Military Service Memorial Fund, and to the Meals
14 on Wheels Fund. Each form shall contain a statement that the
15 contributions will reduce the taxpayer's refund or increase
16 the amount of payment to accompany the return. Failure to
17 remit any amount of increased payment shall reduce the
18 contribution accordingly.
19 If, on October 1 of any year, the total contributions to
20 any one of the funds made under this Section do not equal
21 $100,000 or more, the explanations and spaces for designating
22 contributions to the fund shall be removed from the
23 individual income tax return forms for the following and all
24 subsequent years and all subsequent contributions to the fund
25 shall be refunded to the taxpayer.
26 (Source: P.A. 89-230, eff. 1-1-96; 89-324, eff. 8-13-95;
27 90-171, eff. 7-23-97; revised 10-31-98.)
28 Section 60. The Retailers' Occupation Tax Act is amended
29 by changing Section 2a as follows:
30 (35 ILCS 120/2a) (from Ch. 120, par. 441a)
31 Sec. 2a. It is unlawful for any person to engage in the
32 business of selling tangible personal property at retail in
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1 this State without a certificate of registration from the
2 Department. Application for a certificate of registration
3 shall be made to the Department upon forms furnished by it.
4 Each such application shall be signed and verified and shall
5 state: (1) the name and social security number of the
6 applicant; (2) the address of his principal place of
7 business; (3) the address of the principal place of business
8 from which he engages in the business of selling tangible
9 personal property at retail in this State and the addresses
10 of all other places of business, if any (enumerating such
11 addresses, if any, in a separate list attached to and made a
12 part of the application), from which he engages in the
13 business of selling tangible personal property at retail in
14 this State;, and (4) the name and address of the person or
15 persons who will be responsible for filing returns and
16 payment of taxes due under this Act;, (5) in the case of a
17 corporation, the name, title, and social security number of
18 each corporate officer;, (6) in the case of a limited
19 liability company, the name, social security number, and FEIN
20 number of each manager and member;, and (7) such other
21 information as the Department may reasonably require. The
22 application shall contain an acceptance of responsibility
23 signed by the person or persons who will be responsible for
24 filing returns and payment of the taxes due under this Act.
25 If the applicant will sell tangible personal property at
26 retail through vending machines, his application to register
27 shall indicate the number of vending machines to be so
28 operated; and thereafter, he shall notify the Department by
29 January 31 of the number of vending machines which such
30 person was using in his business of selling tangible personal
31 property at retail on the preceding December 31.
32 The Department may deny a certificate of registration to
33 any applicant if the owner, any partner, any manager or
34 member of a limited liability company, or a corporate officer
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1 of the applicant, is or has been the owner, a partner, a
2 manager or member of a limited liability company, or a
3 corporate officer, of another retailer that is in default for
4 moneys due under this Act.
5 Every applicant for a certificate of registration
6 hereunder shall, at the time of filing such application,
7 furnish a bond from a surety company authorized to do
8 business in the State of Illinois, or an irrevocable bank
9 letter of credit or a bond signed by 2 personal sureties who
10 have filed, with the Department, sworn statements disclosing
11 net assets equal to at least 3 times the amount of the bond
12 to be required of such applicant, or a bond secured by an
13 assignment of a bank account or certificate of deposit,
14 stocks or bonds, conditioned upon the applicant paying to the
15 State of Illinois all moneys becoming due under this Act and
16 under any other State tax law or municipal or county tax
17 ordinance or resolution under which the certificate of
18 registration that is issued to the applicant under this Act
19 will permit the applicant to engage in business without
20 registering separately under such other law, ordinance or
21 resolution. The Department shall fix the amount of such
22 security in each case, taking into consideration the amount
23 of money expected to become due from the applicant under this
24 Act and under any other State tax law or municipal or county
25 tax ordinance or resolution under which the certificate of
26 registration that is issued to the applicant under this Act
27 will permit the applicant to engage in business without
28 registering separately under such other law, ordinance or
29 resolution. The amount of security required by the Department
30 shall be such as, in its opinion, will protect the State of
31 Illinois against failure to pay the amount which may become
32 due from the applicant under this Act and under any other
33 State tax law or municipal or county tax ordinance or
34 resolution under which the certificate of registration that
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1 is issued to the applicant under this Act will permit the
2 applicant to engage in business without registering
3 separately under such other law, ordinance or resolution, but
4 the amount of the security required by the Department shall
5 not exceed three times the amount of the applicant's average
6 monthly tax liability, or $50,000.00, whichever amount is
7 lower.
8 No certificate of registration under this Act shall be
9 issued by the Department until the applicant provides the
10 Department with satisfactory security as herein provided for.
11 Upon receipt of the application for certificate of
12 registration in proper form, and upon approval by the
13 Department of the security furnished by the applicant, the
14 Department shall issue to such applicant a certificate of
15 registration which shall permit the person to whom it is
16 issued to engage in the business of selling tangible personal
17 property at retail in this State. The certificate of
18 registration shall be conspicuously displayed at the place of
19 business which the person so registered states in his
20 application to be the principal place of business from which
21 he engages in the business of selling tangible personal
22 property at retail in this State.
23 No certificate of registration issued to a taxpayer who
24 files returns required by this Act on a monthly basis shall
25 be valid after the expiration of 5 years from the date of its
26 issuance or last renewal. The expiration date of a
27 sub-certificate of registration shall be that of the
28 certificate of registration to which the sub-certificate
29 relates. A certificate of registration shall automatically
30 be renewed, subject to revocation as provided by this Act,
31 for an additional 5 years from the date of its expiration
32 unless otherwise notified by the Department as provided by
33 this paragraph. Where a taxpayer to whom a certificate of
34 registration is issued under this Act is in default to the
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1 State of Illinois for delinquent returns or for moneys due
2 under this Act or any other State tax law or municipal or
3 county ordinance administered or enforced by the Department,
4 the Department shall, not less than 120 days before the
5 expiration date of such certificate of registration, give
6 notice to the taxpayer to whom the certificate was issued of
7 the account period of the delinquent returns, the amount of
8 tax, penalty and interest due and owing from the taxpayer,
9 and that the certificate of registration shall not be
10 automatically renewed upon its expiration date unless the
11 taxpayer, on or before the date of expiration, has filed and
12 paid the delinquent returns or paid the defaulted amount in
13 full. A taxpayer to whom such a notice is issued shall be
14 deemed an applicant for renewal. The Department shall
15 promulgate regulations establishing procedures for taxpayers
16 who file returns on a monthly basis but desire and qualify to
17 change to a quarterly or yearly filing basis and will no
18 longer be subject to renewal under this Section, and for
19 taxpayers who file returns on a yearly or quarterly basis but
20 who desire or are required to change to a monthly filing
21 basis and will be subject to renewal under this Section.
22 The Department may in its discretion approve renewal by
23 an applicant who is in default if, at the time of application
24 for renewal, the applicant files all of the delinquent
25 returns or pays to the Department such percentage of the
26 defaulted amount as may be determined by the Department and
27 agrees in writing to waive all limitations upon the
28 Department for collection of the remaining defaulted amount
29 to the Department over a period not to exceed 5 years from
30 the date of renewal of the certificate; however, no renewal
31 application submitted by an applicant who is in default shall
32 be approved if the immediately preceding renewal by the
33 applicant was conditioned upon the installment payment
34 agreement described in this Section. The payment agreement
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1 herein provided for shall be in addition to and not in lieu
2 of the security required by this Section of a taxpayer who is
3 no longer considered a prior continuous compliance taxpayer.
4 The execution of the payment agreement as provided in this
5 Act shall not toll the accrual of interest at the statutory
6 rate.
7 A certificate of registration issued under this Act more
8 than 5 years before the effective date of this amendatory Act
9 of 1989 shall expire and be subject to the renewal provisions
10 of this Section on the next anniversary of the date of
11 issuance of such certificate which occurs more than 6 months
12 after the effective date of this amendatory Act of 1989. A
13 certificate of registration issued less than 5 years before
14 the effective date of this amendatory Act of 1989 shall
15 expire and be subject to the renewal provisions of this
16 Section on the 5th anniversary of the issuance of the
17 certificate.
18 If the person so registered states that he operates other
19 places of business from which he engages in the business of
20 selling tangible personal property at retail in this State,
21 the Department shall furnish him with a sub-certificate of
22 registration for each such place of business, and the
23 applicant shall display the appropriate sub-certificate of
24 registration at each such place of business. All
25 sub-certificates of registration shall bear the same
26 registration number as that appearing upon the certificate of
27 registration to which such sub-certificates relate.
28 If the applicant will sell tangible personal property at
29 retail through vending machines, the Department shall furnish
30 him with a sub-certificate of registration for each such
31 vending machine, and the applicant shall display the
32 appropriate sub-certificate of registration on each such
33 vending machine by attaching the sub-certificate of
34 registration to a conspicuous part of such vending machine.
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1 Where the same person engages in 2 or more businesses of
2 selling tangible personal property at retail in this State,
3 which businesses are substantially different in character or
4 engaged in under different trade names or engaged in under
5 other substantially dissimilar circumstances (so that it is
6 more practicable, from an accounting, auditing or bookkeeping
7 standpoint, for such businesses to be separately registered),
8 the Department may require or permit such person (subject to
9 the same requirements concerning the furnishing of security
10 as those that are provided for hereinbefore in this Section
11 as to each application for a certificate of registration) to
12 apply for and obtain a separate certificate of registration
13 for each such business or for any of such businesses, under a
14 single certificate of registration supplemented by related
15 sub-certificates of registration.
16 Any person who is registered under the "Retailers'
17 Occupation Tax Act" as of March 8, 1963, and who, during the
18 3-year period immediately prior to March 8, 1963, or during a
19 continuous 3-year period part of which passed immediately
20 before and the remainder of which passes immediately after
21 March 8, 1963, has been so registered continuously and who is
22 determined by the Department not to have been either
23 delinquent or deficient in the payment of tax liability
24 during that period under this Act or under any other State
25 tax law or municipal or county tax ordinance or resolution
26 under which the certificate of registration that is issued to
27 the registrant under this Act will permit the registrant to
28 engage in business without registering separately under such
29 other law, ordinance or resolution, shall be considered to be
30 a Prior Continuous Compliance taxpayer. Also any taxpayer who
31 has, as verified by the Department, faithfully and
32 continuously complied with the condition of his bond or other
33 security under the provisions of this Act for a period of 3
34 consecutive years shall be considered to be a Prior
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1 Continuous Compliance taxpayer.
2 Every Prior Continuous Compliance taxpayer shall be
3 exempt from all requirements under this Act concerning the
4 furnishing of security as a condition precedent to his being
5 authorized to engage in the business of selling tangible
6 personal property at retail in this State. This exemption
7 shall continue for each such taxpayer until such time as he
8 may be determined by the Department to be delinquent in the
9 filing of any returns, or is determined by the Department
10 (either through the Department's issuance of a final
11 assessment which has become final under the Act, or by the
12 taxpayer's filing of a return which admits tax that is not
13 paid to be due) to be delinquent or deficient in the paying
14 of any tax under this Act or under any other State tax law or
15 municipal or county tax ordinance or resolution under which
16 the certificate of registration that is issued to the
17 registrant under this Act will permit the registrant to
18 engage in business without registering separately under such
19 other law, ordinance or resolution, at which time that
20 taxpayer shall become subject to all the financial
21 responsibility requirements of this Act and, as a condition
22 of being allowed to continue to engage in the business of
23 selling tangible personal property at retail, shall be
24 required to post bond or other acceptable security with the
25 Department covering liability which such taxpayer may
26 thereafter incur. Any taxpayer who fails to pay an admitted
27 or established liability under this Act may also be required
28 to post bond or other acceptable security with this
29 Department guaranteeing the payment of such admitted or
30 established liability.
31 No certificate of registration shall be issued to any
32 person who is in default to the State of Illinois for moneys
33 due under this Act or under any other State tax law or
34 municipal or county tax ordinance or resolution under which
-333- LRB9101253EGfg
1 the certificate of registration that is issued to the
2 applicant under this Act will permit the applicant to engage
3 in business without registering separately under such other
4 law, ordinance or resolution.
5 Any person aggrieved by any decision of the Department
6 under this Section may, within 20 days after notice of such
7 decision, protest and request a hearing, whereupon the
8 Department shall give notice to such person of the time and
9 place fixed for such hearing and shall hold a hearing in
10 conformity with the provisions of this Act and then issue its
11 final administrative decision in the matter to such person.
12 In the absence of such a protest within 20 days, the
13 Department's decision shall become final without any further
14 determination being made or notice given.
15 With respect to security other than bonds (upon which the
16 Department may sue in the event of a forfeiture), if the
17 taxpayer fails to pay, when due, any amount whose payment
18 such security guarantees, the Department shall, after such
19 liability is admitted by the taxpayer or established by the
20 Department through the issuance of a final assessment that
21 has become final under the law, convert the security which
22 that taxpayer has furnished into money for the State, after
23 first giving the taxpayer at least 10 days' written notice,
24 by registered or certified mail, to pay the liability or
25 forfeit such security to the Department. If the security
26 consists of stocks or bonds or other securities which are
27 listed on a public exchange, the Department shall sell such
28 securities through such public exchange. If the security
29 consists of an irrevocable bank letter of credit, the
30 Department shall convert the security in the manner provided
31 for in the Uniform Commercial Code. If the security consists
32 of a bank certificate of deposit, the Department shall
33 convert the security into money by demanding and collecting
34 the amount of such bank certificate of deposit from the bank
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1 which issued such certificate. If the security consists of a
2 type of stocks or other securities which are not listed on a
3 public exchange, the Department shall sell such security to
4 the highest and best bidder after giving at least 10 days'
5 notice of the date, time and place of the intended sale by
6 publication in the "State Official Newspaper". If the
7 Department realizes more than the amount of such liability
8 from the security, plus the expenses incurred by the
9 Department in converting the security into money, the
10 Department shall pay such excess to the taxpayer who
11 furnished such security, and the balance shall be paid into
12 the State Treasury.
13 The Department shall discharge any surety and shall
14 release and return any security deposited, assigned, pledged
15 or otherwise provided to it by a taxpayer under this Section
16 within 30 days after:
17 (1) such taxpayer becomes a Prior Continuous
18 Compliance taxpayer; or
19 (2) such taxpayer has ceased to collect receipts on
20 which he is required to remit tax to the Department, has
21 filed a final tax return, and has paid to the Department
22 an amount sufficient to discharge his remaining tax
23 liability, as determined by the Department, under this
24 Act and under every other State tax law or municipal or
25 county tax ordinance or resolution under which the
26 certificate of registration issued under this Act permits
27 the registrant to engage in business without registering
28 separately under such other law, ordinance or resolution.
29 The Department shall make a final determination of the
30 taxpayer's outstanding tax liability as expeditiously as
31 possible after his final tax return has been filed; if
32 the Department cannot make such final determination
33 within 45 days after receiving the final tax return,
34 within such period it shall so notify the taxpayer,
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1 stating its reasons therefor.
2 (Source: P.A. 89-399, eff. 8-20-95; 90-491, eff. 1-1-98;
3 revised 10-31-98.)
4 Section 61. The Property Tax Code is amended by changing
5 Sections 8-5, 9-165, 10-55, 10-115, 10-167, 16-150, 18-55,
6 18-185, 18-246, 19-5, 19-40, 20-50, 20-155, 21-35, 21-195,
7 21-310, 22-5, 22-10, 22-65, 22-80, 22-90, and 23-35 as
8 follows:
9 (35 ILCS 200/8-5)
10 Sec. 8-5. General duties. The Department shall:
11 (1) Direct and supervise the assessment of all property
12 so that all assessments are made relatively just and equal.;
13 (2) Confer with, advise and assist local assessment
14 officers relative to the performance of their duties.;
15 (3) Prescribe for assessment officers general rules,
16 relative to the assessment of property, which rules shall be
17 binding upon all assessment officers until reversed, annulled
18 or modified by a court of competent jurisdiction.;
19 (4) Prescribe or approve forms for returns, reports,
20 complaints, notices and other documents, and the contents of
21 required files and records authorized or required by law or
22 by rule and regulation of the Department. All assessing
23 officers shall use true copies of such forms or reasonable
24 electronic facsimiles of them.;
25 (5) Assess all property owned by or used by railroad
26 companies operating within this State, except non-carrier
27 real estate.;
28 (6) Equalize the assessment of property among the
29 different counties of the State and fix the aggregate amount
30 of the assessment for each county upon which taxes shall be
31 extended in each year; and publish a statement of the methods
32 and procedures used in making such equalization.;
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1 (7) Keep a correct record of its acts relative to the
2 assessment of property and the equalization of assessments.
3 The record shall be available for public inspection and
4 copies shall be distributed to any person upon request and
5 payment of the cost of reproduction.
6 (8) Grant or deny non-homestead exemptions under
7 Sections 16-70 and 16-130.
8 (Source: P.A. 83-121; 88-455; revised 10-31-98.)
9 (35 ILCS 200/9-165)
10 Sec. 9-165. Definitions. As used in Section 9-170:
11 "Municipality" means a city, village or incorporated town
12 .;
13 "Governing body" means (a) the corporate authorities of a
14 municipality with respect to territory within its corporate
15 limits and (b) the county board with respect to territory in
16 the county not within the corporate limits of any
17 municipality.
18 "Certificate of occupancy" means the certificate or
19 permit, by whatever name denominated, which a municipality or
20 county, under its authority to regulate the construction of
21 buildings, issues as evidence that all applicable
22 requirements have been complied with and requires before any
23 new, reconstructed or remodeled building may be lawfully
24 occupied.
25 (Source: P.A. 78-376; 88-455; revised 10-31-98.)
26 (35 ILCS 200/10-55)
27 Sec. 10-55. Application process and application period.
28 (a) The Director shall receive applications for
29 certificates of rehabilitation in a form and manner provided
30 by him or her by rule. The rules shall provide that an
31 applicant may request preliminary approval of rehabilitation
32 before the rehabilitation period begins.
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1 (b) The Director shall approve an application for a
2 certificate of rehabilitation when he or she finds that the
3 restoration, preservation or rehabilitation:
4 (1) involves an historic building;
5 (2) has a cost, including architectural fees, equal
6 to or greater than 25% of the base year valuation;
7 (3) is for a building for which no certificate of
8 rehabilitation has been approved within 4 years after the
9 last year of the adjustment valuation period;
10 (4) was or will be done in accordance with the
11 standards for rehabilitation; and
12 (5) was or will be a substantial rehabilitation.
13 (c) The Director shall determine the length of the
14 rehabilitation period, which shall not exceed 2 years unless
15 the Director finds:
16 (1) it is economically unfeasible to complete the
17 rehabilitation in that period; or
18 (2) the magnitude of the project is such that a
19 good faith attempt to complete the rehabilitation in that
20 period would not succeed.
21 (d) Upon approval of the application, the Director shall
22 issue a certificate of rehabilitation to the applicant and
23 transmit a copy to the assessment officer. The certificate
24 shall identify the rehabilitation period.
25 (e) If during the 8-year valuation period and the
26 adjustment valuation period, the Director determines, in
27 accordance with the Illinois Administrative Procedure
28 Procedures Act, that an historic building for which a
29 certificate of rehabilitation has been issued has not been
30 the subject of repair, renovation, remodeling or improvement
31 in accordance with the standards for rehabilitation, he or
32 she shall revoke the certificate of rehabilitation by written
33 notice to the taxpayer of record and transmit a copy of the
34 revocation to the assessment officer.
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1 The provisions in Section 10-40 through 10-85 apply to
2 certified rehabilitation projects for which an application
3 for a certificate of rehabilitation has been filed with the
4 Director within 2 years of the rehabilitation period.
5 (Source: P.A. 86-1481; 87-818; 88-455; revised 10-31-98.)
6 (35 ILCS 200/10-115)
7 Sec. 10-115. Department guidelines and valuations for
8 farmland. The Department shall issue guidelines and
9 recommendations for the valuation of farmland to achieve
10 equitable assessment within and between counties.
11 The Director of Revenue shall appoint a five-person
12 Farmland Assessment Technical Advisory Board, consisting of
13 technical experts from the colleges or schools of agriculture
14 of the State universities and State and federal agricultural
15 agencies, to advise in and provide data and technical
16 information needed for implementation of this Section.
17 By May 1 of each year, the Department shall certify to
18 each chief county assessment officer the following,
19 calculated from data provided by the Farmland Technical
20 Advisory Board, on a per acre basis by soil productivity
21 index for harvested cropland, using moving averages for the
22 most recent 5-year period for which data are available:
23 (a) gross income, estimated by using yields per
24 acre as assigned to soil productivity indices, the crop
25 mix for each soil productivity index as determined by the
26 College of Agriculture of the University of Illinois and
27 average prices received by farmers for principal crops as
28 published by the Illinois Crop Reporting Service;
29 (b) production costs, other than land costs,
30 provided by the College of Agriculture of the University
31 of Illinois;
32 (c) net return to land, which shall be the
33 difference between (a) and (b) above;
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1 (d) a proposed agricultural economic value
2 determined by dividing the net return to land by the
3 moving average of the Federal Land Bank farmland mortgage
4 interest rate as calculated by the Department;
5 (e) the equalized assessed value per acre of
6 farmland for each soil productivity index, which shall be
7 33-1/3% of the agricultural economic value, or the
8 percentage as provided under Section 17-5; but any
9 increase or decrease in the equalized assessed value per
10 acre by soil productivity index shall not exceed 10% from
11 the immediate preceding year's soil productivity index
12 certified assessed value;
13 (f) a proposed average equalized assessed value per
14 acre of cropland for each individual county, weighted by
15 the distribution of soils by productivity index in the
16 county; and
17 (g) a proposed average equalized assessed value per
18 acre for all farmland in each county, weighted (i) to
19 consider the proportions of all farmland acres in the
20 county which are cropland, permanent pasture, and other
21 farmland, and (ii) to reflect the valuations for those
22 types of land and debasements for slope and erosion as
23 required by Section 10-125.
24 (Source: P.A. 86-954; 88-455; revised 10-31-98.)
25 (35 ILCS 200/10-167)
26 Sec. 10-167. Definition of public benefit;
27 certification.
28 (a) A conservation right on land shall be considered to
29 provide a demonstrated public benefit if the Department of
30 Natural Resources certifies that it protects in perpetuity at
31 least one of the following:
32 (1) Land providing a regular opportunity for public
33 access to outdoor recreation or outdoor education.
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1 (2) Land preserving habitat for State or federal
2 endangered or threatened species or federal candidate
3 species as defined in the Federal Code of Federal or
4 Regulations (50 CFR 424.02).
5 (3) Land identified in the Illinois Natural Areas
6 Inventory.
7 (4) Land determined to be eligible for registration
8 under Section 16 of the Illinois Natural Areas
9 Preservation Act.
10 (5) Land contributing to the ecological viability
11 of a park, conservation area, nature preserve, or other
12 high quality native terrestrial or aquatic area that is
13 publicly owned or otherwise protected.
14 (6) Land included in, or consistent with a federal,
15 State, regional, or local government policy or plan for
16 the conservation of wildlife habitat or open space, for
17 the restoration or protection of lakes and streams, or
18 for the protection of scenic areas.
19 (b) The person liable for taxes on the land shall submit
20 an application to the Department of Natural Resources
21 requesting certification that the land meets one of the
22 criteria established in subsection (a). The application
23 shall be in a form furnished by the Department of Natural
24 Resources. Within 30 days of receipt of a complete and
25 correct application for certification, the Department of
26 Natural Resources shall determine whether the land encumbered
27 by a conservation right provides a demonstrated public
28 benefit and shall inform the applicant in writing of the
29 decision.
30 (Source: P.A. 88-657, eff. 1-1-95; 89-445, eff. 2-7-96;
31 revised 3-12-98.)
32 (35 ILCS 200/16-150)
33 Sec. 16-150. Certification of assessment books. In
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1 counties with 3,000,000 or more inhabitants, the board of
2 appeals (until the first Monday in December 1998 and the
3 board of review beginning the first Monday in December 1998
4 and thereafter) shall, on or before the annual date for final
5 adjournment as fixed by this Section, complete its work, and
6 order the county assessor to make those entries in the
7 assessment books and lists as may be required to make the
8 assessments conform with the changes directed to be made
9 therein by the board. The county assessor and a majority of
10 the members of the board shall attach to each of the
11 assessment books in the possession of the county assessor and
12 the county clerk an affidavit signed by the county assessor
13 and a majority of the members of the board, which affidavit
14 shall be in substantially the following form:
15 State of Illinois)
16 ) ss.
17 County of .......)
18 We, and each of us, as county assessor and as members of
19 the (board of appeals or board of review) of the County of
20 ...., in the State of Illinois, do solemnly swear that the
21 books .... in number .... to which this affidavit is
22 attached, contain a full and complete list of all the
23 property in this county subject to taxation for the year
24 (insert year) 19.. so far as we have been able to ascertain
25 them, and that the assessed value set down in the proper
26 column opposite the several kinds and descriptions of
27 property, is, in our opinion, a just and equal assessment of
28 the property for the purposes of taxation according to law,
29 and that the footings of the several columns in these books
30 are correct to the best of our knowledge and belief.
31 The final date of adjournment of the board shall be 60
32 days after the date of the last delivery to it of the
33 assessment books for any township or taxing district.
34 (Source: P.A. 88-455; 89-126, eff. 7-11-95; 89-671, eff.
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1 8-14-96; revised 10-20-98.)
2 (35 ILCS 200/18-55)
3 Sec. 18-55. Short title and definitions. This Division
4 2 Section and Sections 18-60 through 18-95 may be cited as
5 the Truth in Taxation Law. As used in this Division 2
6 Sections 18-60 through 18-95:
7 (a) "Taxing district" has the meaning specified in
8 Section 1-150 and includes home rule units.;
9 (b) "Aggregate levy" means the annual corporate levy of
10 the taxing district and those special purpose levies which
11 are made annually (other than debt service levies and levies
12 made for the purpose of paying amounts due under public
13 building commission leases).;
14 (c) "Special purpose levies" include, but are not
15 limited to, levies made on an annual basis for contributions
16 to pension plans, unemployment and worker's compensation, or
17 self-insurance.;
18 (d) "Debt service" means levies made by any taxing
19 district pursuant to home rule authority, statute,
20 referendum, ordinance, resolution, indenture, agreement, or
21 contract to retire the principal or pay interest on bonds,
22 notes, debentures or other financial instruments which
23 evidence indebtedness.
24 (Source: P.A. 86-957; 86-1475; 88-455; revised 10-28-98.)
25 (35 ILCS 200/18-185)
26 Sec. 18-185. Short title; definitions. This Division 5
27 Section and Sections 18-190 through 18-245 may be cited as
28 the Property Tax Extension Limitation Law. As used in this
29 Division 5 Sections 18-190 through 18-245:
30 "Consumer Price Index" means the Consumer Price Index for
31 All Urban Consumers for all items published by the United
32 States Department of Labor.
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1 "Extension limitation" means (a) the lesser of 5% or the
2 percentage increase in the Consumer Price Index during the
3 12-month calendar year preceding the levy year or (b) the
4 rate of increase approved by voters under Section 18-205.
5 "Affected county" means a county of 3,000,000 or more
6 inhabitants or a county contiguous to a county of 3,000,000
7 or more inhabitants.
8 "Taxing district" has the same meaning provided in
9 Section 1-150, except as otherwise provided in this Section.
10 For the 1991 through 1994 levy years only, "taxing district"
11 includes only each non-home rule taxing district having the
12 majority of its 1990 equalized assessed value within any
13 county or counties contiguous to a county with 3,000,000 or
14 more inhabitants. Beginning with the 1995 levy year, "taxing
15 district" includes only each non-home rule taxing district
16 subject to this Law before the 1995 levy year and each
17 non-home rule taxing district not subject to this Law before
18 the 1995 levy year having the majority of its 1994 equalized
19 assessed value in an affected county or counties. Beginning
20 with the levy year in which this Law becomes applicable to a
21 taxing district as provided in Section 18-213, "taxing
22 district" also includes those taxing districts made subject
23 to this Law as provided in Section 18-213.
24 "Aggregate extension" for taxing districts to which this
25 Law applied before the 1995 levy year means the annual
26 corporate extension for the taxing district and those special
27 purpose extensions that are made annually for the taxing
28 district, excluding special purpose extensions: (a) made for
29 the taxing district to pay interest or principal on general
30 obligation bonds that were approved by referendum; (b) made
31 for any taxing district to pay interest or principal on
32 general obligation bonds issued before October 1, 1991; (c)
33 made for any taxing district to pay interest or principal on
34 bonds issued to refund or continue to refund those bonds
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1 issued before October 1, 1991; (d) made for any taxing
2 district to pay interest or principal on bonds issued to
3 refund or continue to refund bonds issued after October 1,
4 1991 that were approved by referendum; (e) made for any
5 taxing district to pay interest or principal on revenue bonds
6 issued before October 1, 1991 for payment of which a property
7 tax levy or the full faith and credit of the unit of local
8 government is pledged; however, a tax for the payment of
9 interest or principal on those bonds shall be made only after
10 the governing body of the unit of local government finds that
11 all other sources for payment are insufficient to make those
12 payments; (f) made for payments under a building commission
13 lease when the lease payments are for the retirement of bonds
14 issued by the commission before October 1, 1991, to pay for
15 the building project; (g) made for payments due under
16 installment contracts entered into before October 1, 1991;
17 (h) made for payments of principal and interest on bonds
18 issued under the Metropolitan Water Reclamation District Act
19 to finance construction projects initiated before October 1,
20 1991; (i) made for payments of principal and interest on
21 limited bonds, as defined in Section 3 of the Local
22 Government Debt Reform Act, in an amount not to exceed the
23 debt service extension base less the amount in items (b),
24 (c), (e), and (h) of this definition for non-referendum
25 obligations, except obligations initially issued pursuant to
26 referendum; (j) made for payments of principal and interest
27 on bonds issued under Section 15 of the Local Government Debt
28 Reform Act; and (k) made by a school district that
29 participates in the Special Education District of Lake
30 County, created by special education joint agreement under
31 Section 10-22.31 of the School Code, for payment of the
32 school district's share of the amounts required to be
33 contributed by the Special Education District of Lake County
34 to the Illinois Municipal Retirement Fund under Article 7 of
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1 the Illinois Pension Code; the amount of any extension under
2 this item (k) shall be certified by the school district to
3 the county clerk.
4 "Aggregate extension" for the taxing districts to which
5 this Law did not apply before the 1995 levy year (except
6 taxing districts subject to this Law in accordance with
7 Section 18-213) means the annual corporate extension for the
8 taxing district and those special purpose extensions that are
9 made annually for the taxing district, excluding special
10 purpose extensions: (a) made for the taxing district to pay
11 interest or principal on general obligation bonds that were
12 approved by referendum; (b) made for any taxing district to
13 pay interest or principal on general obligation bonds issued
14 before March 1, 1995; (c) made for any taxing district to pay
15 interest or principal on bonds issued to refund or continue
16 to refund those bonds issued before March 1, 1995; (d) made
17 for any taxing district to pay interest or principal on bonds
18 issued to refund or continue to refund bonds issued after
19 March 1, 1995 that were approved by referendum; (e) made for
20 any taxing district to pay interest or principal on revenue
21 bonds issued before March 1, 1995 for payment of which a
22 property tax levy or the full faith and credit of the unit of
23 local government is pledged; however, a tax for the payment
24 of interest or principal on those bonds shall be made only
25 after the governing body of the unit of local government
26 finds that all other sources for payment are insufficient to
27 make those payments; (f) made for payments under a building
28 commission lease when the lease payments are for the
29 retirement of bonds issued by the commission before March 1,
30 1995 to pay for the building project; (g) made for payments
31 due under installment contracts entered into before March 1,
32 1995; (h) made for payments of principal and interest on
33 bonds issued under the Metropolitan Water Reclamation
34 District Act to finance construction projects initiated
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1 before October 1, 1991; (i) made for payments of principal
2 and interest on limited bonds, as defined in Section 3 of the
3 Local Government Debt Reform Act, in an amount not to exceed
4 the debt service extension base less the amount in items (b),
5 (c), and (e) of this definition for non-referendum
6 obligations, except obligations initially issued pursuant to
7 referendum and bonds described in subsection (h) of this
8 definition; (j) made for payments of principal and interest
9 on bonds issued under Section 15 of the Local Government Debt
10 Reform Act; (k) made for payments of principal and interest
11 on bonds authorized by Public Act 88-503 and issued under
12 Section 20a of the Chicago Park District Act for aquarium or
13 museum projects; and (l) made for payments of principal and
14 interest on bonds authorized by Public Act 87-1191 and issued
15 under Section 42 of the Cook County Forest Preserve District
16 Act for zoological park projects.
17 "Aggregate extension" for all taxing districts to which
18 this Law applies in accordance with Section 18-213, except
19 for those taxing districts subject to paragraph (2) of
20 subsection (e) of Section 18-213, means the annual corporate
21 extension for the taxing district and those special purpose
22 extensions that are made annually for the taxing district,
23 excluding special purpose extensions: (a) made for the taxing
24 district to pay interest or principal on general obligation
25 bonds that were approved by referendum; (b) made for any
26 taxing district to pay interest or principal on general
27 obligation bonds issued before the date on which the
28 referendum making this Law applicable to the taxing district
29 is held; (c) made for any taxing district to pay interest or
30 principal on bonds issued to refund or continue to refund
31 those bonds issued before the date on which the referendum
32 making this Law applicable to the taxing district is held;
33 (d) made for any taxing district to pay interest or principal
34 on bonds issued to refund or continue to refund bonds issued
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1 after the date on which the referendum making this Law
2 applicable to the taxing district is held if the bonds were
3 approved by referendum after the date on which the referendum
4 making this Law applicable to the taxing district is held;
5 (e) made for any taxing district to pay interest or principal
6 on revenue bonds issued before the date on which the
7 referendum making this Law applicable to the taxing district
8 is held for payment of which a property tax levy or the full
9 faith and credit of the unit of local government is pledged;
10 however, a tax for the payment of interest or principal on
11 those bonds shall be made only after the governing body of
12 the unit of local government finds that all other sources for
13 payment are insufficient to make those payments; (f) made for
14 payments under a building commission lease when the lease
15 payments are for the retirement of bonds issued by the
16 commission before the date on which the referendum making
17 this Law applicable to the taxing district is held to pay for
18 the building project; (g) made for payments due under
19 installment contracts entered into before the date on which
20 the referendum making this Law applicable to the taxing
21 district is held; (h) made for payments of principal and
22 interest on limited bonds, as defined in Section 3 of the
23 Local Government Debt Reform Act, in an amount not to exceed
24 the debt service extension base less the amount in items (b),
25 (c), and (e) of this definition for non-referendum
26 obligations, except obligations initially issued pursuant to
27 referendum; (i) made for payments of principal and interest
28 on bonds issued under Section 15 of the Local Government Debt
29 Reform Act; and (j) made for a qualified airport authority to
30 pay interest or principal on general obligation bonds issued
31 for the purpose of paying obligations due under, or financing
32 airport facilities required to be acquired, constructed,
33 installed or equipped pursuant to, contracts entered into
34 before March 1, 1996 (but not including any amendments to
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1 such a contract taking effect on or after that date).
2 "Aggregate extension" for all taxing districts to which
3 this Law applies in accordance with paragraph (2) of
4 subsection (e) of Section 18-213 means the annual corporate
5 extension for the taxing district and those special purpose
6 extensions that are made annually for the taxing district,
7 excluding special purpose extensions: (a) made for the taxing
8 district to pay interest or principal on general obligation
9 bonds that were approved by referendum; (b) made for any
10 taxing district to pay interest or principal on general
11 obligation bonds issued before the effective date of this
12 amendatory Act of 1997; (c) made for any taxing district to
13 pay interest or principal on bonds issued to refund or
14 continue to refund those bonds issued before the effective
15 date of this amendatory Act of 1997; (d) made for any taxing
16 district to pay interest or principal on bonds issued to
17 refund or continue to refund bonds issued after the effective
18 date of this amendatory Act of 1997 if the bonds were
19 approved by referendum after the effective date of this
20 amendatory Act of 1997; (e) made for any taxing district to
21 pay interest or principal on revenue bonds issued before the
22 effective date of this amendatory Act of 1997 for payment of
23 which a property tax levy or the full faith and credit of the
24 unit of local government is pledged; however, a tax for the
25 payment of interest or principal on those bonds shall be made
26 only after the governing body of the unit of local government
27 finds that all other sources for payment are insufficient to
28 make those payments; (f) made for payments under a building
29 commission lease when the lease payments are for the
30 retirement of bonds issued by the commission before the
31 effective date of this amendatory Act of 1997 to pay for the
32 building project; (g) made for payments due under installment
33 contracts entered into before the effective date of this
34 amendatory Act of 1997; (h) made for payments of principal
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1 and interest on limited bonds, as defined in Section 3 of the
2 Local Government Debt Reform Act, in an amount not to exceed
3 the debt service extension base less the amount in items (b),
4 (c), and (e) of this definition for non-referendum
5 obligations, except obligations initially issued pursuant to
6 referendum; (i) made for payments of principal and interest
7 on bonds issued under Section 15 of the Local Government Debt
8 Reform Act; and (j) made for a qualified airport authority to
9 pay interest or principal on general obligation bonds issued
10 for the purpose of paying obligations due under, or financing
11 airport facilities required to be acquired, constructed,
12 installed or equipped pursuant to, contracts entered into
13 before March 1, 1996 (but not including any amendments to
14 such a contract taking effect on or after that date).
15 "Debt service extension base" means an amount equal to
16 that portion of the extension for a taxing district for the
17 1994 levy year, or for those taxing districts subject to this
18 Law in accordance with Section 18-213, except for those
19 subject to paragraph (2) of subsection (e) of Section 18-213,
20 for the levy year in which the referendum making this Law
21 applicable to the taxing district is held, or for those
22 taxing districts subject to this Law in accordance with
23 paragraph (2) of subsection (e) of Section 18-213 for the
24 1996 levy year, constituting an extension for payment of
25 principal and interest on bonds issued by the taxing district
26 without referendum, but not including (i) bonds authorized by
27 Public Act 88-503 and issued under Section 20a of the Chicago
28 Park District Act for aquarium and museum projects; (ii)
29 bonds issued under Section 15 of the Local Government Debt
30 Reform Act; or (iii) refunding obligations issued to refund
31 or to continue to refund obligations initially issued
32 pursuant to referendum. The debt service extension base may
33 be established or increased as provided under Section 18-212.
34 "Special purpose extensions" include, but are not limited
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1 to, extensions for levies made on an annual basis for
2 unemployment and workers' compensation, self-insurance,
3 contributions to pension plans, and extensions made pursuant
4 to Section 6-601 of the Illinois Highway Code for a road
5 district's permanent road fund whether levied annually or
6 not. The extension for a special service area is not
7 included in the aggregate extension.
8 "Aggregate extension base" means the taxing district's
9 last preceding aggregate extension as adjusted under Sections
10 18-215 through 18-230.
11 "Levy year" has the same meaning as "year" under Section
12 1-155.
13 "New property" means (i) the assessed value, after final
14 board of review or board of appeals action, of new
15 improvements or additions to existing improvements on any
16 parcel of real property that increase the assessed value of
17 that real property during the levy year multiplied by the
18 equalization factor issued by the Department under Section
19 17-30 and (ii) the assessed value, after final board of
20 review or board of appeals action, of real property not
21 exempt from real estate taxation, which real property was
22 exempt from real estate taxation for any portion of the
23 immediately preceding levy year, multiplied by the
24 equalization factor issued by the Department under Section
25 17-30. In addition, the county clerk in a county containing
26 a population of 3,000,000 or more shall include in the 1997
27 recovered tax increment value for any school district, any
28 recovered tax increment value that was applicable to the 1995
29 tax year calculations.
30 "Qualified airport authority" means an airport authority
31 organized under the Airport Authorities Act and located in a
32 county bordering on the State of Wisconsin and having a
33 population in excess of 200,000 and not greater than 500,000.
34 "Recovered tax increment value" means the amount of the
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1 current year's equalized assessed value, in the first year
2 after a municipality terminates the designation of an area as
3 a redevelopment project area previously established under the
4 Tax Increment Allocation Development Act in the Illinois
5 Municipal Code, previously established under the Industrial
6 Jobs Recovery Law in the Illinois Municipal Code, or
7 previously established under the Economic Development Area
8 Tax Increment Allocation Act, of each taxable lot, block,
9 tract, or parcel of real property in the redevelopment
10 project area over and above the initial equalized assessed
11 value of each property in the redevelopment project area.
12 For the taxes which are extended for the 1997 levy year, the
13 recovered tax increment value for a non-home rule taxing
14 district that first became subject to this Law for the 1995
15 levy year because a majority of its 1994 equalized assessed
16 value was in an affected county or counties shall be
17 increased if a municipality terminated the designation of an
18 area in 1993 as a redevelopment project area previously
19 established under the Tax Increment Allocation Development
20 Act in the Illinois Municipal Code, previously established
21 under the Industrial Jobs Recovery Law in the Illinois
22 Municipal Code, or previously established under the Economic
23 Development Area Tax Increment Allocation Act, by an amount
24 equal to the 1994 equalized assessed value of each taxable
25 lot, block, tract, or parcel of real property in the
26 redevelopment project area over and above the initial
27 equalized assessed value of each property in the
28 redevelopment project area.
29 Except as otherwise provided in this Section, "limiting
30 rate" means a fraction the numerator of which is the last
31 preceding aggregate extension base times an amount equal to
32 one plus the extension limitation defined in this Section and
33 the denominator of which is the current year's equalized
34 assessed value of all real property in the territory under
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1 the jurisdiction of the taxing district during the prior levy
2 year. For those taxing districts that reduced their
3 aggregate extension for the last preceding levy year, the
4 highest aggregate extension in any of the last 3 preceding
5 levy years shall be used for the purpose of computing the
6 limiting rate. The denominator shall not include new
7 property. The denominator shall not include the recovered
8 tax increment value.
9 (Source: P.A. 89-1, eff. 2-12-95; 89-138, eff. 7-14-95;
10 89-385, eff. 8-18-95; 89-436, eff. 1-1-96; 89-449, eff.
11 6-1-96; 89-510, eff. 7-11-96; 89-718, eff. 3-7-97; 90-485,
12 eff. 1-1-98; 90-511, eff. 8-22-97; 90-568, eff. 1-1-99;
13 90-616, eff. 7-10-98; 90-655, eff. 7-30-98; revised
14 10-28-98.)
15 (35 ILCS 200/18-246)
16 Sec. 18-246. Short title; definitions. This Division
17 5.1 Section and Sections 18-247 through 18-249.5 may be cited
18 as the One-year Property Tax Extension Limitation Law.
19 As used in this Division 5.1 Sections 18-246 through
20 18-249.5:
21 "Taxing district" has the same meaning provided in
22 Section 1-150, except that it includes only each non-home
23 rule taxing district with the majority of its 1993 equalized
24 assessed value contained in one or more affected counties, as
25 defined in Section 18-185, other than those taxing districts
26 subject to the Property Tax Extension Limitation Law before
27 the effective date of this amendatory Act of 1995.
28 "Aggregate extension" means the annual corporate
29 extension for the taxing district and those special purpose
30 extensions that are made annually for the taxing district,
31 excluding special purpose extensions: (a) made for the taxing
32 district to pay interest or principal on general obligation
33 bonds that were approved by referendum; (b) made for any
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1 taxing district to pay interest or principal on general
2 obligation bonds issued before March 1, 1995; (c) made for
3 any taxing district to pay interest or principal on bonds
4 issued to refund or continue to refund those bonds issued
5 before March 1, 1995; (d) made for any taxing district to pay
6 interest or principal on bonds issued to refund or continue
7 to refund bonds issued after March 1, 1995 that were approved
8 by referendum; (e) made for any taxing district to pay
9 interest or principal on revenue bonds issued before March 1,
10 1995 for payment of which a property tax levy or the full
11 faith and credit of the unit of local government is pledged;
12 however, a tax for the payment of interest or principal on
13 those bonds shall be made only after the governing body of
14 the unit of local government finds that all other sources for
15 payment are insufficient to make those payments; (f) made for
16 payments under a building commission lease when the lease
17 payments are for the retirement of bonds issued by the
18 commission before March 1, 1995, to pay for the building
19 project; (g) made for payments due under installment
20 contracts entered into before March 1, 1995; and (h) made for
21 payments of principal and interest on bonds issued under the
22 Metropolitan Water Reclamation District Act to finance
23 construction projects initiated before October 1, 1991.
24 "Special purpose extensions" includes, but is not limited
25 to, extensions for levies made on an annual basis for
26 unemployment compensation, workers' compensation,
27 self-insurance, contributions to pension plans, and
28 extensions made under Section 6-601 of the Illinois Highway
29 Code for a road district's permanent road fund, whether
30 levied annually or not. The extension for a special service
31 area is not included in the aggregate extension.
32 "Aggregate extension base" means the taxing district's
33 aggregate extension for the 1993 levy year as adjusted under
34 Section 18-248.
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1 "Levy year" has the same meaning as "year" under Section
2 1-155.
3 "New property" means (i) the assessed value, after final
4 board of review or board of appeals action, of new
5 improvements or additions to existing improvements on any
6 parcel of real property that increase the assessed value of
7 that real property during the levy year multiplied by the
8 equalization factor issued by the Department under Section
9 17-30 and (ii) the assessed value, after final board of
10 review or board of appeals action, of real property not
11 exempt from real estate taxation, which real property was
12 exempt from real estate taxation for any portion of the
13 immediately preceding levy year, multiplied by the
14 equalization factor issued by the Department under Section
15 17-30.
16 "Recovered tax increment value" means the amount of the
17 1994 equalized assessed value, in the first year after a city
18 terminates the designation of an area as a redevelopment
19 project area previously established under the Tax Increment
20 Allocation Development Act of the Illinois Municipal Code or
21 previously established under the Industrial Jobs Recovery Law
22 of the Illinois Municipal Code, or previously established
23 under the Economic Development Area Tax Increment Allocation
24 Act, of each taxable lot, block, tract, or parcel of real
25 property in the redevelopment project area over and above the
26 initial equalized assessed value of each property in the
27 redevelopment project area.
28 Except as otherwise provided in this Section, "limiting
29 rate" means a fraction the numerator of which is the
30 aggregate extension base times 1.05 and the denominator of
31 which is the 1994 equalized assessed value of all real
32 property in the territory under the jurisdiction of the
33 taxing district during the 1993 levy year. The denominator
34 shall not include new property and shall not include the
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1 recovered tax increment value.
2 (Source: P.A. 89-1, eff. 2-12-95; 89-138, eff. 7-14-95;
3 89-436, eff. 1-1-96; revised 10-28-98.)
4 (35 ILCS 200/19-5)
5 Sec. 19-5. Township collector's bond and oath. Each
6 township collector, before entering upon the duties of
7 office, shall execute a bond, with surety or sureties to be
8 approved by the supervisor and the township clerk. The bond
9 shall be given for a sum equal to 160% of the largest amount
10 of taxes collected by that officer or predecessor in office
11 in any one year during the preceding 5 years if individuals
12 act as sureties, or equal to 110% of such largest amount if
13 the security is given by a surety company authorized to do
14 business in this state, estimated by the supervisor and
15 township clerk, that will be in his or her custody or
16 control at any one time. Signatures to such bond, signed with
17 a mark, shall be witnessed, but in no other case shall
18 witness be required. The bond shall be substantially in the
19 following form:
20 We A. B. of the .... of .... in the County of .... in the
21 State of Illinois, as township collector, and C. D. and E. F.
22 of that county and State, as securities, are obligated to the
23 People of the State of Illinois, in the penal sum of $....
24 for the payment of which, we obligate ourselves, our heirs,
25 executors and administrators, successors and assigns. Signed
26 on (insert date). this .... day of .... 19...
27 The condition of the foregoing bond is such, that if the
28 above obligated A. B. performs all the duties required to be
29 performed as collector of the taxes for the year (insert
30 year) 19.., in the township of .... in the county of ....,
31 Illinois, in the time and manner prescribed by law, and when
32 he or she shall be succeeded in office, shall surrender and
33 deliver over to his or her successor in office all books,
-356- LRB9101253EGfg
1 papers and moneys pertaining to the office, except as
2 hereinafter provided, then the foregoing bond to be void;
3 otherwise to remain in full force.
4 It is expressly understood and intended that the
5 obligation of the above named sureties shall not extend to
6 any loss sustained by the insolvency, failure or closing of
7 any bank or trust company organized and operating either
8 under the laws of the State of Illinois or the United States
9 wherein the collector has placed the funds in his or her
10 custody or control, or any part thereof.
11 A. B. ....(Signature)
12 C. D. ....(Signature)
13 E. F. ....(Signature)
14 He or she shall also take and subscribe an oath, to be
15 endorsed on the back of the bond, substantially as follows:
16 I do solemnly swear that I will support the constitution
17 of the United States, and the constitution of the State of
18 Illinois, and that I will faithfully discharge the duties of
19 the office of township collector, according to the best of my
20 ability.
21 (Source: P.A. 84-551; 88-455; revised 10-20-98.)
22 (35 ILCS 200/19-40)
23 Sec. 19-40. County collector's bond and oath. Each
24 county collector as soon as elected and qualified and before
25 entering upon the duties of office as collector, in addition
26 to the bond as treasurer, shall furnish a bond in such
27 penalty and with such security as the county board considers
28 sufficient. In counties with 3,000,000 or more inhabitants,
29 the bond shall be in a penal sum of not less than
30 $1,500,000. The signatures to the bond, signed by a mark,
31 shall be witnessed, but in no other case shall witness be
32 required. The bond shall be substantially in the following
33 form:
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1 Know All Men by These Presents, that we, A. B. collector,
2 and C. D. and E. F. securities, all of the county of .... and
3 State of Illinois, are held and firmly bound unto the People
4 of the State of Illinois, in the penal sum of .... dollars,
5 for the payment of which, well and truly to be made, we bind
6 ourselves, each of us, our heirs, executors and
7 administrators, successors and assigns, firmly by these
8 presents.
9 Signed and sealed on (insert date). this .... day of ....
10 19...
11 The condition of the foregoing bond is such that if the
12 above bound A.B. performs all the duties required to be
13 performed as collector of the taxes in the county of ...., in
14 the State of Illinois, in the time and manner prescribed by
15 law, and when succeeded in office, shall surrender and
16 deliver to his or her successor in office, all books, papers
17 and moneys appertaining to the office, except as hereinafter
18 provided, then the foregoing bond to be void; otherwise to
19 remain in full force.
20 It is expressly understood and intended that the
21 obligation of the above named sureties shall not extend to
22 any loss sustained by the insolvency, failure or closing of
23 any bank or trust company organized and operating either
24 under the laws of the State of Illinois, or the United States
25 wherein the collector has placed the funds in his or her
26 custody or control, or any part thereof.
27 A. B. ....(SEAL)
28 C. D. ....(SEAL)
29 E. F. ....(SEAL)
30 He or she shall also take and subscribe an oath, to be
31 endorsed on the back of the bond substantially as follows:
32 I do solemnly swear that I will support the Constitution
33 of the State of Illinois, and that I will faithfully
34 discharge the duties of the office of county collector
-358- LRB9101253EGfg
1 according to the best of my ability.
2 (Source: P.A. 76-2254; 88-455; revised 10-20-98.)
3 (35 ILCS 200/20-50)
4 Sec. 20-50. Payment to taxing districts by township
5 collectors. Township collectors; intermediate settlements.
6 (a) Township collectors shall, every 30 days, when
7 required to do so by the proper authorities of incorporated
8 towns, cities, villages, and road and school districts for
9 which any tax is collected, render to those authorities a
10 statement of the amount of each kind of tax collected for the
11 entity and the amount paid under protest. At the same time,
12 subject to Sections 3.1-35-60 through 3.1-35-80 of the
13 Illinois Municipal Code, the collectors shall pay over to the
14 authorities the amount of all taxes shown to be collected,
15 other than those paid under protest. The payments shall be
16 made as directed in the warrant attached to the collector's
17 books.
18 (b) Township collectors shall, every 30 days, render a
19 similar account of county taxes, to the county collector, and
20 at the same time, the collectors shall pay over the amount
21 collected to the county collector.
22 (c) Each township collector shall make final settlement
23 for all taxes charged in the tax books at or before the time
24 fixed in Section 20-55. In making the settlements, the
25 collectors shall be entitled to credit for the amount
26 uncollected on the tax books as determined by the settlement
27 with the county collector.
28 (d) The officer to whom any moneys are paid under this
29 Section shall deliver to the collector duplicate receipts for
30 those payments.
31 (Source: P.A. 87-1119; 88-455; revised 10-31-98.)
32 (35 ILCS 200/20-155)
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1 Sec. 20-155. Failure to report and pay; suit on
2 collector's bond. If any county collector fails to make the
3 reports and payments required by this Code, for 5 days after
4 the time specified for that purpose, or after demand made
5 under Section 20-150, suit may be brought on the collector's
6 bond. Taxing districts or persons aggrieved, may prosecute
7 suit against any collector or other officer collecting or
8 receiving funds for their use, by suit upon the bond, in the
9 name of the People of the State of Illinois, for their use,
10 in the circuit court.
11 (Source: P.A. 78-592; 88-455; revised 10-31-98.)
12 (35 ILCS 200/21-35)
13 Sec. 21-35. Estimated billing in overlapping districts.
14 In counties with less than 3,000,000 inhabitants, when the
15 certified assessed valuations for that portion of overlapping
16 taxing districts lying in another county for the preceding
17 year have not been received by the county clerk by March 1,,
18 the county board, upon petition of the county clerk, may by
19 resolution or ordinance adopted on or prior to April 1 of
20 that year, adopt the estimated property tax billing system
21 provided for in this Section for taxes for the preceding
22 year. The resolution or ordinance shall be effective only
23 for the year in which it is adopted.
24 When authorized by the county board to use the estimated
25 property tax billing system, the county clerk shall estimate
26 the assessed valuations for the other counties in the
27 overlapping taxing districts from which certified assessed
28 valuations for the preceding year have not been received by
29 March 1. The estimated assessed valuations shall, for
30 purposes of computing the first installment tax billing in
31 the current year, be treated in the same manner as certified
32 assessed valuations. Where estimated assessed valuations are
33 used, the first installment billing shall be prepared and
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1 mailed on or before May 1.
2 The county clerk shall make adjustments in the
3 assessments, based on the actual certified assessed
4 valuations later received from the other counties, and such
5 adjustments shall be included in the tax billings for the
6 second installment. A county using the estimated billing
7 system shall complete and mail the adjusted second
8 installment tax billing on or before August 1.
9 (Source: P.A. 80-583; 88-455; revised 3-12-98.)
10 (35 ILCS 200/21-195)
11 Sec. 21-195. Examination of record; certificate of
12 correctness. On the day advertised for sale, the county
13 clerk, assisted by the collector, shall examine the list upon
14 which judgment has been entered and ascertain that all
15 payments have been properly noted thereon. The county clerk
16 shall make a certificate to be entered on the record,
17 following the order of court that the record is correct, and
18 that judgment was entered upon the property therein mentioned
19 for the taxes, interest and costs due thereon. The
20 certificate shall be attested by the circuit court clerk
21 under seal of the court and shall be the process on which the
22 property or any interest therein shall be sold for taxes,
23 special assessments, interest and costs due thereon, and may
24 be substantially in the following form:
25 State of Illinois County of .....
26 I, ...., clerk of the circuit court, in and for the
27 county of ...., do hereby certify that the foregoing is a
28 true and correct record of the delinquent property in the
29 county, against which judgment and order of sale was duly
30 entered in the circuit court for the county, on (insert
31 date), the .... day of ...., 19.., for the amount of the
32 taxes, special assessments, interest and costs due severally
33 thereon as therein set forth, and that the judgment and order
-361- LRB9101253EGfg
1 of court in relation thereto fully appears on the record.
2 Dated (insert date). .....
3 (Source: P.A. 83-343; 88-455; revised 10-20-98.)
4 (35 ILCS 200/21-310)
5 Sec. 21-310. Sales in error.
6 (a) When, upon application of the county collector, tax
7 purchaser, or a municipality which owns or has owned the
8 property ordered sold, it appears to the satisfaction of the
9 court which ordered the property sold that any of the
10 following subsections are applicable, the court shall declare
11 the sale to be a sale in error:
12 (1) the property was not subject to taxation,
13 (2) the taxes or special assessments had been paid
14 prior to the sale of the property,
15 (3) there is a double assessment,
16 (4) the description is void for uncertainty,
17 (5) the assessor, chief county assessment officer,
18 board of review, or board of appeals has made an error
19 (other than an error of judgment as to the value of any
20 property), or
21 (6) prior to the tax sale a voluntary or
22 involuntary petition has been filed by or against the
23 legal or beneficial owner of the property requesting
24 relief under the provisions of 11 U.S.C. Chapter 7, 11,
25 12, or 13.
26 (b) When, upon application of the tax purchaser or his
27 or her assignee only, it appears to the satisfaction of the
28 court which ordered the property sold that any of the
29 following subsections are applicable, the court shall declare
30 a sale in error:
31 (1) A voluntary or involuntary petition under the
32 provisions of 11 U.S.C. Chapter 7, 11, 12, or 13 has been
33 filed subsequent to the tax sale and prior to the
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1 issuance of the tax deed.
2 (2) The improvements upon the property sold have
3 been substantially destroyed or rendered uninhabitable or
4 otherwise unfit for occupancy subsequent to the tax sale
5 and prior to the issuance of the tax deed.
6 (3) There is an interest held by the United States
7 in the property sold which could not be extinguished by
8 the tax deed.
9 (4) The real property contains a hazardous
10 substance, hazardous waste, or underground storage tank
11 that would require cleanup or other removal under any
12 federal, State, or local law, ordinance, or regulation,
13 only if the tax purchaser purchased the property without
14 actual knowledge of the hazardous substance, hazardous
15 waste, or underground storage tank. This paragraph (4)
16 applies only to tax purchases occurring after January 1,
17 1990 and if the tax purchaser or his or her assignee has
18 made application for a sale in error at any time before
19 the issuance of a tax deed.
20 If a sale is declared to be a sale in error, the county
21 clerk shall make entry in the tax judgment, sale, redemption
22 and forfeiture record, that the property was erroneously
23 sold, and the county collector shall, on demand of the owner
24 of the certificate of purchase, refund the amount paid, pay
25 any interest and costs as may be ordered under Sections
26 21-315 through 21-335, and cancel the certificate so far as
27 it relates to the property. The county collector shall deduct
28 from the accounts of the appropriate taxing bodies their pro
29 rata amounts paid.
30 (Source: P.A. 88-455; 88-676, eff. 12-14-94; revised
31 10-31-98.)
32 (35 ILCS 200/22-5)
33 Sec. 22-5. Notice of sale and redemption rights. In
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1 order to be entitled to a tax deed, within 4 months and 15
2 days after any sale held under this Code, the purchaser or
3 his or her assignee shall deliver to the county clerk a
4 notice to be given to the party in whose name the taxes are
5 last assessed as shown by the most recent tax collector's
6 warrant books, in at least 10 point type in the following
7 form completely filled in:
8 TAKE NOTICE
9 County of ...............................................
10 Date Premises Sold ......................................
11 Certificate No. .........................................
12 Sold for General Taxes of (year) ........................
13 Sold for Special Assessment of (Municipality)
14 and special assessment number ...........................
15 Warrant No. ............... Inst. No. .................
16 THIS PROPERTY HAS BEEN SOLD FOR
17 DELINQUENT TAXES
18 Property located at .........................................
19 Legal Description or Permanent Index No. ....................
20 .............................................................
21 .............................................................
22 This notice is to advise you that the above property has
23 been sold for delinquent taxes and that the period of
24 redemption from the sale will expire on .....................
25 This notice is also to advise you that a petition will be
26 filed for a tax deed which will transfer title and the right
27 to possession of this property if redemption is not made on
28 or before ...................................................
29 At the date of this notice the total amount which you
30 must pay in order to redeem the above property is ...........
31 YOU ARE URGED TO REDEEM IMMEDIATELY TO
32 PREVENT LOSS OF PROPERTY
33 Redemption can be made at any time on or before .... by
34 applying to the County Clerk of ...., County, Illinois at the
-364- LRB9101253EGfg
1 County Court House in ...., Illinois.
2 The above amount is subject to increase at 6 month
3 intervals from the date of sale. Check with the county clerk
4 as to the exact amount you owe before redeeming. Payment
5 must be made by certified check, cashier's check, money
6 order, or in cash.
7 For further information contact the County Clerk.
8 ...............................
9 Purchaser or Assignee
10 Dated (insert date). this .... day of .... ... 19....
11 Within 10 days after receipt of said notice, the county
12 clerk shall mail to the addresses supplied by the purchaser
13 or assignee, by registered or certified mail, copies of said
14 notice to the party in whose name the taxes are last assessed
15 as shown by the most recent tax collector's warrant books.
16 The purchaser or assignee shall pay to the clerk postage plus
17 the sum of $10. The clerk shall write or stamp the date of
18 receiving the notices upon the copies of the notices, and
19 retain one copy.
20 (Source: P.A. 88-455; 89-538, eff. 1-1-97; revised 10-20-98.)
21 (35 ILCS 200/22-10)
22 Sec. 22-10. Notice of expiration of period of
23 redemption. A purchaser or assignee shall not be entitled to
24 a tax deed to the property sold unless, not less than 3
25 months nor more than 5 months prior to the expiration of the
26 period of redemption, he or she gives notice of the sale and
27 the date of expiration of the period of redemption to the
28 owners, occupants and parties interested in the property as
29 provided below.
30 The Notice to be given to the parties shall be in at
31 least 10 point type in the following form completely filled
32 in:
33 TAX DEED NO. .................... FILED ....................
-365- LRB9101253EGfg
1 TAKE NOTICE
2 County of ...............................................
3 Date Premises Sold ......................................
4 Certificate No. ........................................
5 Sold for General Taxes of (year) ........................
6 Sold for Special Assessment of (Municipality)
7 and special assessment number ...........................
8 Warrant No. ................ Inst. No. .................
9 THIS PROPERTY HAS BEEN SOLD FOR
10 DELINQUENT TAXES
11 Property located at .........................................
12 Legal Description or Property Index No. .....................
13 .............................................................
14 .............................................................
15 This notice is to advise you that the above property has
16 been sold for delinquent taxes and that the period of
17 redemption from the sale will expire on .....................
18 .............................................................
19 The amount to redeem is subject to increase at 6 month
20 intervals from the date of sale and may be further increased
21 if the purchaser at the tax sale or his or her assignee pays
22 any subsequently accruing taxes or special assessments to
23 redeem the property from subsequent forfeitures or tax sales.
24 Check with the county clerk as to the exact amount you owe
25 before redeeming.
26 This notice is also to advise you that a petition has
27 been filed for a tax deed which will transfer title and the
28 right to possession of this property if redemption is not
29 made on or before ...........................................
30 This matter is set for hearing in the Circuit Court of
31 this county in ...., Illinois on .....
32 You may be present at this hearing but your right to
33 redeem will already have expired at that time.
34 YOU ARE URGED TO REDEEM IMMEDIATELY
-366- LRB9101253EGfg
1 TO PREVENT LOSS OF PROPERTY
2 Redemption can be made at any time on or before .... by
3 applying to the County Clerk of ...., County, Illinois at the
4 County Court House in ...., Illinois.
5 For further information contact the County Clerk.
6
7 ..........................
8 Purchaser or Assignee.
9 In counties with 3,000,000 or more inhabitants, the
10 notice shall also state the address, room number and time at
11 which the matter is set for hearing.
12 This amendatory Act of 1996 applies only to matters in
13 which a petition for tax deed is filed on or after the
14 effective date of this amendatory Act of 1996.
15 (Source: P.A. 88-455; 89-686, eff. 6-1-97; revised 10-31-98.)
16 (35 ILCS 200/22-65)
17 Sec. 22-65. Form of deed. A tax deed executed by the
18 county clerk under the official seal of the county shall be
19 recorded in the same manner as other conveyances of property,
20 and vests in the grantee, his or her heirs and assigns, the
21 title of the property therein described without further
22 acknowledgment or evidence of the conveyance. The conveyance
23 shall be substantially in the following form:
24 State of Illinois)
25 ) ss.
26 County of .......)
27 At a public sale of property for the nonpayment of taxes,
28 held in the county above stated, on (insert date), 19.., the
29 following described property was sold: (here place
30 description of property conveyed). The property not having
31 been redeemed from the sale, and it appearing that the holder
32 of the certificate of purchase of the property has complied
33 with the laws of the State of Illinois necessary to entitle
-367- LRB9101253EGfg
1 (insert him, her or them) to a deed of the property: I ....,
2 county clerk of the county of ...., in consideration of the
3 property and by virtue of the statutes of the State of
4 Illinois in such cases provided, grant and convey to ....,
5 his or her heirs and assigns forever, the property described
6 above.
7 Dated (insert date). 19
8 Signature of .................. County Clerk
9 Seal of County of ...., Illinois
10 (Source: P.A. 84-1308; 88-455; revised 10-20-98.)
11 (35 ILCS 200/22-80)
12 Sec. 22-80. Order of court setting aside tax deed;
13 payments to holder of deed.
14 (a) Any order of court vacating an order directing the
15 county clerk to issue a tax deed based upon a finding that
16 the property was not subject to taxation or special
17 assessment, or that the taxes or special assessments had been
18 paid prior to the sale of the property, or that the tax sale
19 was otherwise void, shall declare the tax sale to be a sale
20 in error pursuant to Section 21-310 31-310 of this Act. The
21 order shall direct the county collector to refund to the tax
22 deed grantee or his or her successors and assigns (or, if a
23 tax deed has not yet issued, the holder of the certificate)
24 the following amounts:
25 (1) all taxes and special assessments purchased,
26 paid, or redeemed by the tax purchaser or his or her
27 assignee, or by the tax deed grantee or his or her
28 successors and assigns, whether before or after entry of
29 the order for tax deed, with interest at the rate of 1%
30 per month from the date each amount was paid until the
31 date of payment pursuant to this Section;
32 (2) all costs paid and posted to the judgment
33 record and not included in paragraph (1) of this
-368- LRB9101253EGfg
1 subsection (a); and
2 (3) court reporter fees for the hearing on the
3 application for tax deed and transcript thereof, cost of
4 certification of tax deed order, cost of issuance of tax
5 deed, and cost of recording of tax deed.
6 (b) Except in those cases described in subsection (a) of
7 this Section, and unless the court on motion of the tax deed
8 petitioner extends the redemption period to a date not later
9 than 3 years from the date of sale, any order of court
10 finding that an order directing the county clerk to issue a
11 tax deed should be vacated shall direct the party who
12 successfully contested the entry of the order to pay to the
13 tax deed grantee or his or her successors and assigns (or, if
14 a tax deed has not yet issued, the holder of the certificate)
15 within 90 days after the date of the finding:
16 (1) the amount necessary to redeem the property
17 from the sale as of the last day of the period of
18 redemption, except that, if the sale is a scavenger sale
19 pursuant to Section 21-260 of this Act, the redemption
20 amount shall not include an amount equal to all
21 delinquent taxes on such property which taxes were
22 delinquent at the time of sale; and
23 (2) amounts in satisfaction of municipal liens paid
24 by the tax purchaser or his or her assignee, and the
25 amounts specified in paragraphs (1) and (3) of subsection
26 (a) of this Section, to the extent the amounts are not
27 included in paragraph (1) of this subsection (b).
28 If the payment is not made within the 90-day period, the
29 petition to vacate the order directing the county clerk to
30 issue a tax deed shall be denied with prejudice, and the
31 order directing the county clerk to issue a tax deed shall
32 remain in full force and effect. No final order vacating any
33 order directing the county clerk to issue a tax deed shall be
34 entered pursuant to this subsection (b) until the payment has
-369- LRB9101253EGfg
1 been made.
2 (Source: P.A. 88-455; 89-342, eff. 1-1-96; revised 3-12-98.)
3 (35 ILCS 200/22-90)
4 Sec. 22-90. Recording of certificate of purchase by
5 municipality. If any city, village or incorporated town,
6 interested in the collection of any special tax or
7 assessment, acquires a certificate of purchase at a tax sale,
8 it is not required to take out a deed, but may preserve its
9 lien under the certificate of purchase, beyond the period of
10 redemption, by recording the certificate of purchase or
11 evidence thereof within 1 year from the expiration of the
12 period of redemption or extended period of redemption, in the
13 office of the recorder of the county in which the property is
14 situated, or by presenting the certificate for registration
15 in the manner provided by law, to the registrar of titles in
16 the case of property registered under the Registered Titles
17 (Torrens) Act. The recorded certificate of purchase or the
18 evidence thereof shall contain language in substantially the
19 following form:
20 STATE OF ....)
21 )SS
22 COUNTY OF ...)
23 The following described property was sold to the (here
24 place name of city, village, or incorporated town), at a
25 public sale for the nonpayment of special taxes or
26 assessments in the above stated county, on (insert date), the
27 .... day of ...., 19 .., to-wit: (here place property
28 description). The sale was for the delinquent special tax or
29 assessment (here place the special assessment warrant number
30 and installment). Unless payment or settlement is made at
31 the office of (here place proper city, village or
32 incorporated town officer), the municipality for which the
33 above lien or liens were created may at any time after
-370- LRB9101253EGfg
1 expiration of the period of redemption, sell and assign the
2 certificate of purchase. Either the municipality or its
3 assignee at any time after expiration of the period of
4 redemption may file a complaint to foreclose or bring an
5 action for the amount of the special tax or assessment due.
6 Dated (insert date). this .... day of ...., 19...
7 ...........................
8 (Proper Officer)
9 (Source: P.A. 90-655, eff. 7-30-98; revised 10-20-98.)
10 (35 ILCS 200/23-35)
11 Sec. 23-35. Tax objection based on budget or
12 appropriation ordinance. Notwithstanding the provisions of
13 Section 23-10, no objection to any property tax levied by any
14 municipality shall be sustained by any court because of the
15 forms of any budget or appropriation ordinance, or the degree
16 of itemization or classification of items therein, or the
17 reasonableness of any amount budgeted or appropriated
18 thereby, if:
19 (a) a tentative budget and appropriation ordinance
20 was prepared at the direction of the governing body of
21 the municipality and made conveniently available to
22 public inspection for at least 30 days prior to the
23 public hearing specified below and to final action
24 thereon;.
25 (b) at least one public hearing has been held by
26 the governing body as to the tentative budget and
27 appropriation ordinance prior to final action thereon,
28 and notice of the time and place where copies of the
29 tentative budget and appropriation ordinances are
30 available for public inspection, and the time and place
31 of the hearing, has been given by publication in a
32 newspaper published in the municipality at least 30 days
33 prior to the time of the hearing, or, if there is no
-371- LRB9101253EGfg
1 newspaper published in the municipality, notice of the
2 public hearing has been given by publication in a
3 newspaper of general circulation in the municipality; and
4 (c) the budget and appropriation ordinance finally
5 adopted is substantially identical, as to the matters to
6 which objection is made, with the tentative budget and
7 appropriation ordinance submitted at the public hearing,
8 unless the taxpayer making the objection has made the
9 same objection in writing and with the same specificity
10 to the governing body of the municipality prior to the
11 adoption of the budget and appropriation ordinance.
12 "Municipality", as used in this Section, means all
13 municipal corporations in, and political subdivisions of,
14 this State except the following: counties; cities, villages
15 and incorporated towns; sanitary districts created under the
16 Metropolitan Water Reclamation District Act; forest preserve
17 districts having a population of 3,000,000 or more, created
18 under the Cook County Forest Preserve Park District Act;
19 boards of education of school districts in cities exceeding
20 1,000,000 inhabitants; the Chicago Park District created
21 under the Chicago Park District Act; and park districts as
22 defined in subsection (b) of Section 1-3 of the Park District
23 Code.
24 (Source: P.A. 88-455; 89-126, eff. 7-11-95; revised
25 10-31-98.)
26 Section 62. The Motor Fuel Tax Law is amended by
27 changing Section 8 as follows:
28 (35 ILCS 505/8) (from Ch. 120, par. 424)
29 Sec. 8. Except as provided in Section 8a, all money
30 received by the Department under this Act, including payments
31 made to the Department by member jurisdictions participating
32 in the International Fuel Tax Agreement, shall be deposited
-372- LRB9101253EGfg
1 in a special fund in the State treasury, to be known as the
2 "Motor Fuel Tax Fund", and shall be used as follows:
3 (a) 2 1/2 cents per gallon of the tax collected on
4 special fuel under paragraph (b) of Section 2 and Section 13a
5 of this Act shall be transferred to the State Construction
6 Account Fund in the State Treasury;
7 (b) $420,000 shall be transferred each month to the
8 State Boating Act Fund to be used by the Department of
9 Natural Resources for the purposes specified in Article X of
10 the Boat Registration and Safety Act;
11 (c) $1,500,000 shall be transferred each month to the
12 Grade Crossing Protection Fund to be used as follows: not
13 less than $6,000,000 each fiscal year shall be used for the
14 construction or reconstruction of rail highway grade
15 separation structures; beginning with fiscal year 1997 and
16 ending in fiscal year 1999, $1,500,000, and $750,000 in
17 fiscal year 2000 and each fiscal year thereafter shall be
18 transferred to the Transportation Regulatory Fund and shall
19 be accounted for as part of the rail carrier portion of such
20 funds and shall be used to pay the cost of administration of
21 the Illinois Commerce Commission's railroad safety program in
22 connection with its duties under subsection (3) of Section
23 18c-7401 of the Illinois Vehicle Code, with the remainder to
24 be used by the Department of Transportation upon order of the
25 Illinois Commerce Commission, to pay that part of the cost
26 apportioned by such Commission to the State to cover the
27 interest of the public in the use of highways, roads or
28 streets in the county highway system, township and district
29 road system or municipal street system as defined in the
30 Illinois Highway Code, as the same may from time to time be
31 amended, for separation of grades, for installation,
32 construction or reconstruction of crossing protection or
33 reconstruction, alteration, relocation including construction
34 or improvement of any existing highway necessary for access
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1 to property or improvement of any grade crossing including
2 the necessary highway approaches thereto of any railroad
3 across the highway or public road, as provided for in and in
4 accordance with Section 18c-7401 of the Illinois Vehicle
5 Code. In entering orders for projects for which payments
6 from the Grade Crossing Protection Fund will be made, the
7 Commission shall account for expenditures authorized by the
8 orders on a cash rather than an accrual basis. For purposes
9 of this requirement an "accrual basis" assumes that the total
10 cost of the project is expended in the fiscal year in which
11 the order is entered, while a "cash basis" allocates the cost
12 of the project among fiscal years as expenditures are
13 actually made. To meet the requirements of this subsection,
14 the Illinois Commerce Commission shall develop annual and
15 5-year project plans of rail crossing capital improvements
16 that will be paid for with moneys from the Grade Crossing
17 Protection Fund. The annual project plan shall identify
18 projects for the succeeding fiscal year and the 5-year
19 project plan shall identify projects for the 5 directly
20 succeeding fiscal years. The Commission shall submit the
21 annual and 5-year project plans for this Fund to the
22 Governor, the President of the Senate, the Senate Minority
23 Leader, the Speaker of the House of Representatives, and the
24 Minority Leader of the House of Representatives on the first
25 Wednesday in April of each year;
26 (d) of the amount remaining after allocations provided
27 for in subsections (a), (b) and (c), a sufficient amount
28 shall be reserved to pay all of the following:
29 (1) the costs of the Department of Revenue in
30 administering this Act;
31 (2) the costs of the Department of Transportation
32 in performing its duties imposed by the Illinois Highway
33 Code for supervising the use of motor fuel tax funds
34 apportioned to municipalities, counties and road
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1 districts;
2 (3) refunds provided for in Section 13 of this Act
3 and under the terms of the International Fuel Tax
4 Agreement referenced in Section 14a;
5 (4) from October 1, 1985 until June 30, 1994, the
6 administration of the Vehicle Emissions Inspection Law,
7 which amount shall be certified monthly by the
8 Environmental Protection Agency to the State Comptroller
9 and shall promptly be transferred by the State
10 Comptroller and Treasurer from the Motor Fuel Tax Fund to
11 the Vehicle Inspection Fund, and beginning July 1, 1994,
12 and until December 31, 2000, one-twelfth of $25,000,000
13 each month for the administration of the Vehicle
14 Emissions Inspection Law of 1995, to be transferred by
15 the State Comptroller and Treasurer from the Motor Fuel
16 Tax Fund into the Vehicle Inspection Fund;
17 (5) amounts ordered paid by the Court of Claims;
18 and
19 (6) payment of motor fuel use taxes due to member
20 jurisdictions under the terms of the International Fuel
21 Tax Agreement. The Department shall certify these
22 amounts to the Comptroller by the 15th day of each month;
23 the Comptroller shall cause orders to be drawn for such
24 amounts, and the Treasurer shall administer those amounts
25 on or before the last day of each month;
26 (e) after allocations for the purposes set forth in
27 subsections (a), (b), (c) and (d), the remaining amount shall
28 be apportioned as follows:
29 (1) 58.4% shall be deposited as follows:
30 (A) 37% into the State Construction Account
31 Fund, and
32 (B) 63% into the Road Fund, $1,250,000 of
33 which shall be reserved each month for the
34 Department of Transportation to be used in
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1 accordance with the provisions of Sections 6-901
2 through 6-906 of the Illinois Highway Code;
3 (2) 41.6% shall be transferred to the Department of
4 Transportation to be distributed as follows:
5 (A) 49.10% to the municipalities of the State,
6 (B) 16.74% to the counties of the State having
7 1,000,000 or more inhabitants,
8 (C) 18.27% to the counties of the State having
9 less than 1,000,000 inhabitants,
10 (D) 15.89% to the road districts of the State.
11 As soon as may be after the first day of each month the
12 Department of Transportation shall allot to each municipality
13 its share of the amount apportioned to the several
14 municipalities which shall be in proportion to the population
15 of such municipalities as determined by the last preceding
16 municipal census if conducted by the Federal Government or
17 Federal census. If territory is annexed to any municipality
18 subsequent to the time of the last preceding census the
19 corporate authorities of such municipality may cause a census
20 to be taken of such annexed territory and the population so
21 ascertained for such territory shall be added to the
22 population of the municipality as determined by the last
23 preceding census for the purpose of determining the allotment
24 for that municipality. If the population of any municipality
25 was not determined by the last Federal census preceding any
26 apportionment, the apportionment to such municipality shall
27 be in accordance with any census taken by such municipality.
28 Any municipal census used in accordance with this Section
29 shall be certified to the Department of Transportation by the
30 clerk of such municipality, and the accuracy thereof shall be
31 subject to approval of the Department which may make such
32 corrections as it ascertains to be necessary.
33 As soon as may be after the first day of each month the
34 Department of Transportation shall allot to each county its
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1 share of the amount apportioned to the several counties of
2 the State as herein provided. Each allotment to the several
3 counties having less than 1,000,000 inhabitants shall be in
4 proportion to the amount of motor vehicle license fees
5 received from the residents of such counties, respectively,
6 during the preceding calendar year. The Secretary of State
7 shall, on or before April 15 of each year, transmit to the
8 Department of Transportation a full and complete report
9 showing the amount of motor vehicle license fees received
10 from the residents of each county, respectively, during the
11 preceding calendar year. The Department of Transportation
12 shall, each month, use for allotment purposes the last such
13 report received from the Secretary of State.
14 As soon as may be after the first day of each month, the
15 Department of Transportation shall allot to the several
16 counties their share of the amount apportioned for the use of
17 road districts. The allotment shall be apportioned among the
18 several counties in the State in the proportion which the
19 total mileage of township or district roads in the respective
20 counties bears to the total mileage of all township and
21 district roads in the State. Funds allotted to the respective
22 counties for the use of road districts therein shall be
23 allocated to the several road districts in the county in the
24 proportion which the total mileage of such township or
25 district roads in the respective road districts bears to the
26 total mileage of all such township or district roads in the
27 county. After July 1 of any year, no allocation shall be
28 made for any road district unless it levied a tax for road
29 and bridge purposes in an amount which will require the
30 extension of such tax against the taxable property in any
31 such road district at a rate of not less than either .08% of
32 the value thereof, based upon the assessment for the year
33 immediately prior to the year in which such tax was levied
34 and as equalized by the Department of Revenue or, in DuPage
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1 County, an amount equal to or greater than $12,000 per mile
2 of road under the jurisdiction of the road district,
3 whichever is less. If any road district has levied a special
4 tax for road purposes pursuant to Sections 6-601, 6-602 and
5 6-603 of the Illinois Highway Code, and such tax was levied
6 in an amount which would require extension at a rate of not
7 less than .08% of the value of the taxable property thereof,
8 as equalized or assessed by the Department of Revenue, or, in
9 DuPage County, an amount equal to or greater than $12,000 per
10 mile of road under the jurisdiction of the road district,
11 whichever is less, such levy shall, however, be deemed a
12 proper compliance with this Section and shall qualify such
13 road district for an allotment under this Section. If a
14 township has transferred to the road and bridge fund money
15 which, when added to the amount of any tax levy of the road
16 district would be the equivalent of a tax levy requiring
17 extension at a rate of at least .08%, or, in DuPage County,
18 an amount equal to or greater than $12,000 per mile of road
19 under the jurisdiction of the road district, whichever is
20 less, such transfer, together with any such tax levy, shall
21 be deemed a proper compliance with this Section and shall
22 qualify the road district for an allotment under this
23 Section.
24 In counties in which a property tax extension limitation
25 is imposed under the Property Tax Extension Limitation Law,
26 road districts may retain their entitlement to a motor fuel
27 tax allotment if, at the time the property tax extension
28 limitation was imposed, the road district was levying a road
29 and bridge tax at a rate sufficient to entitle it to a motor
30 fuel tax allotment and continues to levy the maximum
31 allowable amount after the imposition of the property tax
32 extension limitation. Any road district may in all
33 circumstances retain its entitlement to a motor fuel tax
34 allotment if it levied a road and bridge tax in an amount
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1 that will require the extension of the tax against the
2 taxable property in the road district at a rate of not less
3 than 0.08% of the assessed value of the property, based upon
4 the assessment for the year immediately preceding the year in
5 which the tax was levied and as equalized by the Department
6 of Revenue or, in DuPage County, an amount equal to or
7 greater than $12,000 per mile of road under the jurisdiction
8 of the road district, whichever is less.
9 As used in this Section the term "road district" means
10 any road district, including a county unit road district,
11 provided for by the Illinois Highway Code; and the term
12 "township or district road" means any road in the township
13 and district road system as defined in the Illinois Highway
14 Code. For the purposes of this Section, "road district" also
15 includes park districts, forest preserve districts and
16 conservation districts organized under Illinois law and
17 "township or district road" also includes such roads as are
18 maintained by park districts, forest preserve districts and
19 conservation districts. The Department of Transportation
20 shall determine the mileage of all township and district
21 roads for the purposes of making allotments and allocations
22 of motor fuel tax funds for use in road districts.
23 Payment of motor fuel tax moneys to municipalities and
24 counties shall be made as soon as possible after the
25 allotment is made. The treasurer of the municipality or
26 county may invest these funds until their use is required and
27 the interest earned by these investments shall be limited to
28 the same uses as the principal funds.
29 (Source: P.A. 89-167, eff. 1-1-96; 89-445, eff. 2-7-96;
30 89-699, eff. 1-16-97; 90-110, eff. 7-14-97; 90-655, eff.
31 7-30-98; 90-659, eff. 1-1-99; 90-691, eff. 1-1-99; revised
32 9-16-98.)
33 Section 63. The Coin-Operated Amusement Device and
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1 Redemption Machine Tax Act is amended by changing Section 3
2 as follows:
3 (35 ILCS 510/3) (from Ch. 120, par. 481b.3)
4 Sec. 3. (1) All licenses herein provided for shall be
5 transferable from one device to another device. Any such
6 transfer from one device to another shall be reported to the
7 Department of Revenue on forms prescribed by such Department.
8 All licenses issued hereunder shall expire on July 31
9 following issuance.
10 (2) (Blank).
11 (Source: P.A. 86-905; revised 10-31-98.)
12 Section 64. The Mobile Home Local Services Tax Act is
13 amended by changing Section 7 as follows:
14 (35 ILCS 515/7) (from Ch. 120, par. 1207)
15 Sec. 7. The local services tax for owners of mobile
16 homes who (a) are actually residing in such mobile homes, (b)
17 hold title to such mobile home as provided in the "Illinois
18 Vehicle Code", approved September 29, 1969, as amended, and
19 (c) are 65 years of age or older or are disabled persons
20 within the meaning of Section 3.14 of the "Senior Citizens
21 and Disabled Persons Property Tax Relief and Pharmaceutical
22 Assistance Act" on the annual billing date shall be reduced
23 to 80 percent of the tax provided for in Section 3 of this
24 Act. Proof that a claimant has been issued an Illinois
25 Disabled Person Identification Card stating that the claimant
26 is under a Class 2 disability, as provided in Section 4A of
27 The Illinois Identification Card Act, shall constitute proof
28 that the person thereon named is a disabled person within the
29 meaning of this Act. An application for reduction of the tax
30 shall be filed with the county clerk by the individuals who
31 are entitled to the reduction. If the application is filed
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1 after May 1, the reduction in tax shall begin with the next
2 annual bill. Application for the reduction in tax shall be
3 done by submitting proof that the applicant has been issued
4 an Illinois Disabled Person Identification Card designating
5 the applicant's disability as a Class 2 disability, or by
6 affidavit in substantially the following form:
7 APPLICATION FOR REDUCTION OF MOBILE HOME LOCAL SERVICES TAX
8 I hereby make application for a reduction to 80% of the
9 total tax imposed under "An Act to provide for a local
10 services tax on mobile homes".
11 (1) Senior Citizens
12 (a) I actually reside in the mobile home ....
13 (b) I hold title to the mobile home as provided in the
14 Illinois Vehicle Code ....
15 (c) I reached the age of 65 on or before either January
16 1 (or July 1) of the year in which this statement is filed.
17 My date of birth is: ...
18 (2) Disabled Persons
19 (a) I actually reside in the mobile home...
20 (b) I hold title to the mobile home as provided in the
21 Illinois Vehicle Code ....
22 (c) I was totally disabled on ... and have remained
23 disabled until the date of this application. My Social
24 Security, Veterans, Railroad or Civil Service Total
25 Disability Claim Number is ... The undersigned declares
26 under the penalty of perjury that the above statements are
27 true and correct.
28 Dated (insert date). ...., 19 ..
29 ...........................
30 Signature of owner
31 ...........................
32 (Address)
33 ...........................
34 (City) (State) (Zip)
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1 Approved by:
2 .............................
3 (Assessor)
4 This application shall be accompanied by a copy of the
5 applicant's most recent application filed with the Illinois
6 Department of Revenue under the "Senior Citizens and Disabled
7 Persons Property Tax Relief and Pharmaceutical Assistance
8 Act," approved July 17, 1972, as amended.
9 (Source: P.A. 84-832; revised 10-20-98.)
10 Section 65. The Public Utilities Revenue Act is amended
11 by changing Section 2a.1 as follows:
12 (35 ILCS 620/2a.1) (from Ch. 120, par. 469a.1)
13 Sec. 2a.1. Imposition of tax on invested capital and
14 on distribution of electricity.
15 (a) In addition to the tax imposed by the Illinois
16 Income Tax Act, there is hereby imposed upon every taxpayer
17 (other than an electric cooperative, a school district or
18 unit of local government as defined in Section 1 of Article
19 VII of the Illinois Constitution of 1970), an additional tax
20 as follows:
21 (i) For the first 500,000,000 kilowatt-hours
22 distributed by the taxpayer in this State during the
23 taxable period, 0.031 cents per kilowatt-hour;
24 (ii) For the next 1,000,000,000 kilowatt-hours
25 distributed by the taxpayer in this State during the
26 taxable period, 0.050 cents per kilowatt-hour;
27 (iii) For the next 2,500,000,000 kilowatt-hours
28 distributed by the taxpayer in this State during the
29 taxable period, 0.070 cents per kilowatt-hour;
30 (iv) For the next 4,000,000,000 kilowatt-hours
31 killowatt-hours distributed by the taxpayer in this State
32 during the taxable period, 0.140 cents per kilowatt-hour;
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1 (v) For the next 7,000,000,000 kilowatt-hours
2 distributed by the taxpayer in this State during the
3 taxable period, 0.180 cents per kilowatt-hour;
4 (vi) For the next 3,000,000,000 kilowatt-hours
5 killowatt-hours distributed by the taxpayer in this State
6 during the taxable period, 0.142 cents per kilowatt-hour;
7 and
8 (vii) For all kilowatt-hours distributed by the
9 taxpayer in this State during the taxable period in
10 excess of 18,000,000,000 kilowatt-hours, 0.131 cents per
11 kilowatt-hour killowatt-hour.
12 (b) There is imposed on electric cooperatives that are
13 required to file reports with the Rural Utilities Service a
14 tax equal to 0.8% of such cooperative's invested capital for
15 the taxable period. The invested capital tax imposed by this
16 subsection shall not be imposed on electric cooperatives not
17 required to file reports with the Rural Utilities Service.
18 (c) If, for any taxable period, the total amount
19 received by the Department from the tax imposed by subsection
20 (a) exceeds $145,279,553 plus, for taxable periods subsequent
21 to 1998, an amount equal to the lesser of (i) 5% or (ii) the
22 percentage increase in the Consumer Price Index during the
23 immediately preceding taxable period, of the total amount
24 received by the Department from the tax imposed by subsection
25 (a) for the immediately preceding taxable period, determined
26 after allowance of the credit provided for in this
27 subsection, the Department shall issue credit memoranda in
28 the aggregate amount of the excess to each of the taxpayers
29 who paid any amount of tax under subsection (a) for that
30 taxable period in the proportion which the amount paid by the
31 taxpayer bears to the total amount paid by all such
32 taxpayers. This calculation shall be made as of December 1 of
33 the year following the immediately preceding taxable period
34 and shall consist of only those returns with payment then on
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1 file with the Department. All future amendments to returns
2 and monies covering this period received after December 1 of
3 the year following the taxable period will not be included in
4 the calculation of the affected taxable period or any other
5 taxable period. The provisions of this subsection are not
6 subject to the Uniform Penalty and Interest Act. Any credit
7 memorandum issued to a taxpayer under this subsection may be
8 used as a credit by the taxpayer against its liability in
9 future taxable periods for tax under subsection (a). Any
10 amount credited to a taxpayer shall not be refunded to the
11 taxpayer unless the taxpayer demonstrates to the reasonable
12 satisfaction of the Department that it will not incur future
13 liability for tax under subsection (a). The Department shall
14 adopt reasonable regulations for the implementation of the
15 provisions of this subsection.
16 (Source: P.A. 90-561, eff. 1-1-98; 90-624, eff. 7-10-98;
17 revised 10-28-98.)
18 Section 66. The Electricity Excise Tax Law is amended by
19 changing Section 2-11 as follows:
20 (35 ILCS 640/2-11)
21 Sec. 2-11. Direct return and payment by self-assessing
22 purchaser. When electricity is used or consumed by a
23 self-assessing purchaser subject to the tax imposed by this
24 Law who did not pay the tax to a delivering supplier
25 maintaining a place of business within this State and
26 required or authorized to collect the tax, that
27 self-assessing purchaser shall, on or before the 15th day of
28 each month, make a return to the Department for the preceding
29 calendar month, stating all of the following:
30 (1) The self-assessing purchaser's name and
31 principal address.
32 (2) The aggregate purchase price paid by the
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1 self-assessing purchaser for the distribution, supply,
2 furnishing, sale, transmission and delivery of such
3 electricity to or for the purchaser during the preceding
4 calendar month, including budget plan and other
5 purchaser-owned amounts applied during such month in
6 payment of charges includible in the purchase price, and
7 upon the basis of which the tax is imposed.
8 (3) Amount of tax, computed upon item (2) at the
9 rate stated in Section 2-4.
10 (4) Such other information as the Department
11 reasonably may require.
12 In making such return the self-assessing purchaser may
13 use any reasonable method to derive reportable "purchase
14 price" from the self-assessing purchaser's records.
15 If the average monthly tax liability of the
16 self-assessing purchaser to the Department does not exceed
17 $2,500, the Department may authorize the self-assessing
18 purchaser's returns to be filed on a quarter-annual basis,
19 with the return for January, February and March of a given
20 year being due by April 30 of such year; with the return for
21 April, May and June of a given year being due by July 31 of
22 such year; with the return for July, August, and September of
23 a given year being due by October 31 of such year; and with
24 the return for October, November and December of a given year
25 being due by January 31 of the following year.
26 If the average monthly tax liability of the
27 self-assessing purchaser to the Department does not exceed
28 $1,000, the Department may authorize the self-assessing
29 purchaser's returns to be filed on an annual basis, with the
30 return for a given year being due by January 31 of the
31 following year.
32 Such quarter-annual and annual returns, as to form and
33 substance, shall be subject to the same requirements as
34 monthly returns.
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1 Notwithstanding any other provision in this Law
2 concerning the time within which a self-assessing purchaser
3 may file a return, any such self-assessing purchaser who
4 ceases to be responsible for filing returns under this Law
5 shall file a final return under this Law with the Department
6 not more than one month thereafter.
7 Each self-assessing purchaser whose average monthly
8 liability to the Department pursuant to this Section was
9 $10,000 or more during the preceding calendar year, excluding
10 the month of highest liability and the month of lowest
11 liability during such calendar year, and which is not
12 operated by a unit of local government, shall make estimated
13 payments to the Department on or before the 7th, 15th, 22nd
14 and last day of the month during which tax liability to the
15 Department is incurred in an amount not less than the lower
16 of either 22.5% of such self-assessing purchaser's actual tax
17 liability for the month or 25% of such self-assessing
18 purchaser's actual tax liability for the same calendar month
19 of the preceding year. The amount of such quarter-monthly
20 payments shall be credited against the final tax liability of
21 the self-assessing purchaser's return for that month. An
22 outstanding credit approved by the Department or a credit
23 memorandum issued by the Department arising from the
24 self-assessing purchaser's overpayment of the self-assessing
25 purchaser's final tax liability for any month may be applied
26 to reduce the amount of any subsequent quarter-monthly
27 payment or credited against the final tax liability of such
28 self-assessing purchaser's return for any subsequent month.
29 If any quarter-monthly payment is not paid at the time or in
30 the amount required by this Section, such person shall be
31 liable for penalty and interest on the difference between the
32 minimum amount due as a payment and the amount of such
33 payment actually and timely paid, except insofar as such
34 person has previously made payments for that month to the
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1 Department in excess of the minimum payments previously due.
2 If the Director finds that the information required for
3 the making of an accurate return cannot reasonably be
4 compiled by a self-assessing purchaser within 15 days after
5 the close of the calendar month for which a return is to be
6 made, the Director may grant an extension of time for the
7 filing of such return for a period of not to exceed 31
8 calendar days. The granting of such an extension may be
9 conditioned upon the deposit by such self-assessing purchaser
10 with the Department of an amount of money not exceeding the
11 amount estimated by the Director to be due with the return so
12 extended. All such deposits shall be credited against such
13 self-assessing purchaser's liabilities under this Law. If
14 the deposit exceeds such self-assessing purchaser's present
15 and probable future liabilities under this Law, the
16 Department shall issue to such self-assessing purchaser a
17 credit memorandum, which may be assigned by such
18 self-assessing purchaser to a similar person under this Law,
19 in accordance with reasonable rules and regulations to be
20 prescribed by the Department.
21 The self-assessing purchaser making the return provided
22 for in this Section shall, at the time of making such return,
23 pay to the Department the amount of tax imposed by this Law.
24 A self-assessing purchaser who has an average monthly tax
25 liability of $10,000 or more shall make all payments
26 required by rules of the Department by electronic funds
27 transfer. The term "average monthly tax liability" shall be
28 the sum of the self-assessing purchaser's liabilities under
29 this Law for the immediately preceding calendar year divided
30 by 12. Any self-assessing purchaser not required to make
31 payments by electronic funds transfer may make payments by
32 electronic funds transfer with the permission of the
33 Department. All self-assessing purchasers required to make
34 payments by electronic funds transfer and any self-assessing
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1 purchasers authorized to voluntarily make payments by
2 electronic funds transfer shall make those payments in the
3 manner authorized by the Department.
4 Each month the Department shall pay into the Public
5 Utility Fund in the State treasury an amount determined by
6 the Director to be equal to 3.0% of the funds received by the
7 Department pursuant to this Section. The remainder of all
8 moneys received by the Department under this Section shall be
9 paid into the General Revenue Fund in the State treasury.
10 (Source: P.A. 90-561, eff. 8-1-98; revised 10-31-98.)
11 Section 67. The Illinois Pension Code is amended by
12 changing Sections 5-167.2, 7-123, 7-132.1, 7-142, 8-114,
13 8-115, 8-117, 14-110, 14-120, 15-102, 15-113.6, 17-123,
14 17-127.2, and 18-112.2 as follows:
15 (40 ILCS 5/5-167.2) (from Ch. 108 1/2, par. 5-167.2)
16 Sec. 5-167.2. Retirement before September 1, 1967. A
17 retired policeman, qualifying for minimum annuity or who
18 retired from service with 20 or more years of service, before
19 September 1, 1967, shall, in January of the year following
20 the year he attains the age of 65, or in January of the year
21 1970, if then more than 65 years of age, have his then fixed
22 and payable monthly annuity increased by an amount equal to
23 2% of the original grant of annuity, for each year the
24 policeman was in receipt of annuity payments after the year
25 in which he attains, or did attain the age of 63. An
26 additional 2% increase in such then fixed and payable
27 original granted annuity shall accrue in each January
28 thereafter. Beginning January 1, 1986, the rate of such
29 increase shall be 3% instead of 2%.
30 The provisions of the preceding paragraph of this Section
31 apply only to a retired policeman eligible for such increases
32 in his annuity who contributes to the Fund a sum equal to $5
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1 for each full year of credited service upon which his annuity
2 was computed. All such sums contributed shall be placed in a
3 Supplementary Payment Reserve and shall be used for the
4 purposes of such Fund account.
5 Beginning with the monthly annuity payment due in July,
6 1982, the fixed and granted monthly annuity payment for any
7 policeman who retired from the service, before September 1,
8 1976, at age 50 or over with 20 or more years of service and
9 entitled to an annuity on January 1, 1974, shall be not less
10 than $400. It is the intent of the General Assembly that the
11 change made in this Section by this amendatory Act of 1982
12 shall apply retroactively to July 1, 1982.
13 Beginning with the monthly annuity payment due on January
14 1, 1986, the fixed and granted monthly annuity payment for
15 any policeman who retired from the service before January 1,
16 1986, at age 50 or over with 20 or more years of service, or
17 any policeman who retired from service due to termination of
18 disability and who is entitled to an annuity on January 1,
19 1986, shall be not less than $475.
20 Beginning with the monthly annuity payment due on January
21 1, 1992, the fixed and granted monthly annuity payment for
22 any policeman who retired from the service before January 1,
23 1992, at age 50 or over with 20 or more years of service, and
24 for any policeman who retired from service due to termination
25 of disability and who is entitled to an annuity on January 1,
26 1992, shall be not less than $650.
27 Beginning with the monthly annuity payment due on January
28 1, 1993, the fixed and granted monthly annuity payment for
29 any policeman who retired from the service before January 1,
30 1993, at age 50 or over with 20 or more years of service, and
31 for any policeman who retired from service due to termination
32 of disability and who is entitled to an annuity on January 1,
33 1993, shall be not less than $750.
34 Beginning with the monthly annuity payment due on January
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1 1, 1994, the fixed and granted monthly annuity payment for
2 any policeman who retired from the service before January 1,
3 1994, at age 50 or over with 20 or more years of service, and
4 for any policeman who retired from service due to termination
5 of disability and who is entitled to an annuity on January 1,
6 1994, shall be not less than $850.
7 The difference in amount between the original fixed and
8 granted monthly annuity of any such policeman on the date of
9 his retirement from the service and the monthly annuity
10 provided for in the immediately preceding paragraph shall be
11 paid as a supplement in the manner set forth in the
12 immediately following paragraph.
13 To defray the annual cost of the increases indicated in
14 the preceding part of this Section, the annual interest
15 income accruing from investments held by this Fund, exclusive
16 of gains or losses on sales or exchanges of assets during the
17 year, over and above 4% a year shall be used to the extent
18 necessary and available to finance the cost of such increases
19 for the following year and such amount shall be transferred
20 as of the end of each year beginning with the year 1969 to a
21 Fund account designated as the Supplementary Payment Reserve
22 from the Interest and Investment Reserve set forth in Section
23 5-207 5-167.2.
24 In the event the funds in the Supplementary Payment
25 Reserve in any year arising from: (1) the interest income
26 accruing in the preceding year above 4% a year and (2) the
27 contributions by retired persons are insufficient to make the
28 total payments to all persons entitled to the annuity
29 specified in this Section and (3) any interest earnings over
30 4% a year beginning with the year 1969 which were not
31 previously used to finance such increases and which were
32 transferred to the Prior Service Annuity Reserve, may be used
33 to the extent necessary and available to provide sufficient
34 funds to finance such increases for the current year and such
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1 sums shall be transferred from the Prior Service Annuity
2 Reserve. In the event the total money available in the
3 Supplementary Payment Reserve from such sources are
4 insufficient to make the total payments to all persons
5 entitled to such increases for the year, a proportionate
6 amount computed as the ratio of the money available to the
7 total of the total payments specified for that year shall be
8 paid to each person for that year.
9 The Fund shall be obligated for the payment of the
10 increases in annuity as provided for in this Section only to
11 the extent that the assets for such purpose are available.
12 (Source: P.A. 87-849; 87-1265; revised 10-31-98.)
13 (40 ILCS 5/7-123) (from Ch. 108 1/2, par. 7-123)
14 Sec. 7-123. Effective rate of interest. "Effective rate
15 of interest": The interest rate determined by the Board for
16 any calendar year which shall distribute, to the extent
17 reasonably determinable prior to the year for which the rate
18 is applicable, the current earnings (excluding capital gains)
19 on assets of the fund to reserves as provided by Section Sec.
20 Sec. 7-208.
22 (Source: Laws 1965, p. 1086; revised 10-31-98.)
23 (40 ILCS 5/7-132.1) (from Ch. 108 1/2, par. 7-132.1)
24 Sec. 7-132.1. Towns - Election to participate. For
25 purposes of this Article, a town which is not a participating
26 municipality on the effective date of this Act, shall be
27 considered to include the town itself and all other bodies
28 politic heretofor or hereafter established by or subject to
29 the direct or indirect control of the town electors. As so
30 defined, a town may participate in the Fund, on the first day
31 of January after the year in which a valid participation
32 participating ordinance, adopted by the town electors, has
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1 been filed with the Board. The following procedures shall
2 govern adoption of a participation ordinance by the town
3 electors:
4 (a) A resolution, adopted by the town electors at
5 an annual town meeting, shall authorize the town
6 supervisor to file with the Board of Trustees of the
7 Fund, an application for the town as herein defined to
8 participate, to supply such data as is requested by the
9 Board, and to reimburse the Board for expenses incurred
10 in securing an actuarial evaluation of the effects of
11 participation by the applicant on the financial condition
12 of the Fund and to postpone consideration of the matter
13 of election to participate to a special town meeting.
14 (b) If the Board finds that the town has adequate
15 resources for payment of municipal obligations, and that
16 the actuarial soundness of the fund will not be impaired
17 by participation of the town, the Board shall approve the
18 application and report its action to the town. The report
19 shall include the cost to the town of participation and
20 the initial municipality contribution rate.
21 (c) Upon receipt of an approved application, the
22 Board of Town trustees shall call a special town meeting
23 to be held at a date not earlier than 30 days after the
24 notice of such called meeting is published. The notice of
25 call of the meeting shall state the purpose and shall
26 include the Board's report of costs of participation and
27 the initial municipality contribution rate.
28 (d) An ordinance to elect participation shall
29 specifically provide that it includes participation by
30 all bodies politic, heretofor, or hereafter created,
31 included in the town for purposes of this Article. If
32 such ordinance is adopted, the Town Clerk shall forthwith
33 forward a certified copy thereof to the Fund.
34 Upon the filing of the ordinance, for the purpose of
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1 providing benefits to their employees and their survivors,
2 the town and the other bodies politic, whether or not they
3 were participating municipalities, shall be considered and
4 deemed to be a single municipality. It is declared to be the
5 policy of the State, that since the town and the other bodies
6 politic serve the same geographical area, that for the
7 purposes of this Article they are properly designated as a
8 single municipality.
9 No town may elect to participate in this Fund except as
10 provided in this Section. In any town which has not elected
11 to participate in the Fund on the effective date of this Act,
12 no body politic established by or subject to the control of
13 the town electors may elect to participate in the Fund,
14 except as a part of the town as provided in this Section.
15 (Source: P.A. 82-783; revised 3-2-98.)
16 (40 ILCS 5/7-142) (from Ch. 108 1/2, par. 7-142)
17 Sec. 7-142. Retirement annuities - Amount.
18 (a) The amount of a retirement annuity shall be the sum
19 of the following, determined in accordance with the actuarial
20 tables in effect at the time of the grant of the annuity:
21 1. For employees with 8 or more years of service,
22 an annuity computed pursuant to subparagraphs a or b of
23 this subparagraph 1, whichever is the higher, and for
24 employees with less than 8 years of service the annuity
25 computed pursuant to subparagraph a:
26 a. The monthly annuity which can be provided
27 from the total accumulated normal, municipality and
28 prior service credits, as of the attained age of the
29 employee on the date the annuity begins provided
30 that such annuity shall not exceed 75% of the final
31 rate of earnings of the employee.
32 b. (i) The monthly annuity amount determined
33 as follows by multiplying (a) 1 2/3% for annuitants
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1 with not more than 15 years or (b) 1 2/3% for the
2 first 15 years and 2% for each year in excess of 15
3 years for annuitants with more than 15 years by the
4 number of years plus fractional years, prorated on a
5 basis of months, of creditable service and multiply
6 the product thereof by the employee's final rate of
7 earnings.
8 (ii) For the sole purpose of computing the
9 formula (and not for the purposes of the limitations
10 hereinafter stated) $125 shall be considered the
11 final rate of earnings in all cases where the final
12 rate of earnings is less than such amount.
13 (iii) The monthly annuity computed in
14 accordance with this subparagraph b, shall not
15 exceed an amount equal to 75% of the final rate of
16 earnings.
17 (iv) For employees who who have less than 35
18 years of service, the annuity computed in accordance
19 with this subparagraph b (as reduced by application
20 of subparagraph (iii) above) shall be reduced by
21 0.25% thereof (0.5% if service was terminated before
22 January 1, 1988) for each month or fraction thereof
23 (1) that the employee's age is less than 60 years,
24 or (2) if the employee has at least 30 years of
25 service credit, that the employee's service credit
26 is less than 35 years, whichever is less, on the
27 date the annuity begins.
28 2. The annuity which can be provided from the total
29 accumulated additional credits as of the attained age of
30 the employee on the date the annuity begins.
31 (b) If payment of an annuity begins prior to the
32 earliest age at which the employee will become eligible for
33 an old age insurance benefit under the Federal Social
34 Security Act, he may elect that the annuity payments from
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1 this fund shall exceed those payable after his attaining such
2 age by an amount, computed as determined by rules of the
3 Board, but not in excess of his estimated Social Security
4 Benefit, determined as of the effective date of the annuity,
5 provided that in no case shall the total annuity payments
6 made by this fund exceed in actuarial value the annuity which
7 would have been payable had no such election been made.
8 (c) The retirement annuity shall be increased each year
9 by 2%, not compounded, of the monthly amount of annuity,
10 taking into consideration any adjustment under paragraph (b)
11 of this Section. This increase shall be effective each
12 January 1 and computed from the effective date of the
13 retirement annuity, the first increase being .167% of the
14 monthly amount times the number of months from the effective
15 date to January 1. Beginning January 1, 1984 and thereafter,
16 the retirement annuity shall be increased by 3% each year,
17 not compounded. This increase shall not be applicable to
18 annuitants who are not in service on or after September 8,
19 1971.
20 (Source: P.A. 87-850; revised 10-31-98.)
21 (40 ILCS 5/8-114) (from Ch. 108 1/2, par. 8-114)
22 Sec. 8-114. Present employee. "Present employee":
23 (a) Any employee of an employer, or the board, on the
24 day before the effective date.;
25 (b) Any person who becomes an employee of the Board of
26 Education on the day before the effective date and who on
27 June 30, 1923, was a contributor to any municipal pension
28 fund in operation in the city on that date under the Public
29 School Employees' Pension Act of 1903. Any such employee
30 shall be considered a municipal employee during the entire
31 time he has been in the service of the employer.
32 (c) Any person who becomes an employee of the municipal
33 court or law department or Board of Election Commissioners on
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1 the day before the effective date, and who on December 31,
2 1959, was a participant in either of the funds in operation
3 in the city on December 31, 1959, created under the Court and
4 Law Department Employees' Annuity Act or the Board of
5 Election Commissioners Employees' Annuity Act. Any such
6 employee shall be considered a municipal employee during the
7 entire time he has been in the service of the municipal court
8 or law department or Board of Election Commissioners.
9 (d) Any person who becomes a employee of the Public
10 Library on the day before the effective date, and who on
11 December 31, 1965 was a contributor and participant in the
12 fund created under the Public Library Employes' Pension Act,
13 in operation in the city on December 31, 1965. Any such
14 employee shall be considered a municipal employee during the
15 entire time he has been in the service of the Public Library.
16 (Source: Laws 1965, p. 2300; revised 10-31-98.)
17 (40 ILCS 5/8-115) (from Ch. 108 1/2, par. 8-115)
18 Sec. 8-115. Future entrant. "Future entrant":
19 (a) Any employee of an employer or of the board,
20 employed for the first time on or after the effective date.;
21 (b) Any person who becomes an employee of the Board of
22 Education for the first time on or after the effective date,
23 and who was a contributor on June 30, 1923, to any municipal
24 pension fund then in operation in the city under the Public
25 School Employees' Pension Act of 1903. Any such employee
26 shall be considered a municipal employee during the entire
27 time he has been in the service of the Board of Education.
28 (c) Any person who becomes an employee of a municipal
29 court or law department or Board of Election Commissioners
30 for the first time on or after the effective date, and who
31 was a participant on December 31, 1959, in either of the
32 funds in operation in the city on December 31, 1959, created
33 under the Court and Law Department Employees' Annuity Act or
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1 the Board of Election Commissioners Employees' Annuity Act.
2 Any such employee shall be considered a municipal employee
3 during the entire time he has been in the service of the
4 municipal court, law department, or Board of Election
5 Commissioners.
6 (d) Any person who becomes an employee of the Public
7 Library or a participant and contributor to the Public
8 Library Employees' Pension Fund for the first time on or
9 after the effective date, and who was a contributor and
10 participant on December 31, 1965 in such fund created under
11 the Public Library Employees' Pension Act in operation in the
12 city on December 31, 1965. Any such person shall be
13 considered a municipal employee during the entire time he has
14 been in the service of the Public Library or during the
15 entire time for which he was covered, as an employee, in the
16 fund created under the aforesaid Act.
17 (e) Any person who becomes an employee of the house of
18 correction or a participant and contributor to the House of
19 Correction Employees' Pension Fund for the first time on or
20 after the effective date, and who was a contributor and
21 participant on December 31, 1968 in such fund created under
22 the House of Correction Employees' Pension Act in operation
23 in the City on December 31, 1968. Any such person shall be
24 considered a municipal employee during the entire time he has
25 been in the service of the House of Correction.
26 (Source: Laws 1968, p. 181; revised 10-31-98.)
27 (40 ILCS 5/8-117) (from Ch. 108 1/2, par. 8-117)
28 Sec. 8-117. Salary. "Salary": Annual salary of an
29 employee as follows:
30 (a) Beginning on the effective date and prior to July 1,
31 1947, $3,000; and beginning on July 1, 1947 and prior to July
32 1, 1953, $4,800; and beginning on July 1, 1953 and prior to
33 July 1, 1957, $6,000 shall be the maximum amount of annual
-397- LRB9101253EGfg
1 salary of any employee which shall be considered for any
2 purpose hereunder.
3 (b) If appropriated, fixed or arranged on an annual
4 basis, beginning July 1, 1957, the actual sum payable during
5 the year if the employee worked the full normal working time
6 in his position, at the rate of compensation, exclusive of
7 overtime and final vacation, appropriated or fixed as salary
8 or wages for service in the position.
9 (c) If appropriated, fixed or arranged on other than an
10 annual basis, beginning July 1, 1957, the applicable
11 schedules specified in Sections 8-233 and 8-235 shall be used
12 for conversion of the salary to an annual basis.:
13 (d) Beginning July 13, 1941, if the city provides
14 lodging for an employee without charge, his salary shall be
15 considered to be $120 a year more than the amount payable as
16 salary for the year; the salary of an employee for whom daily
17 meals are provided without charge by the city shall be
18 considered to be $120 a year more than the amount payable as
19 his salary for the year, for each such daily meal, not
20 exceeding three per day.
21 (e) Beginning September 19, 1981, the salary of a person
22 who was or is an employee of a Board of Education on or after
23 that date shall include the amount of employee contributions,
24 if any, picked up by the employer for that employee under
25 Section 8-174.1.
26 (Source: P.A. 85-964; revised 10-31-98.)
27 (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
28 Sec. 14-110. Alternative retirement annuity.
29 (a) Any member who has withdrawn from service with not
30 less than 20 years of eligible creditable service and has
31 attained age 55, and any member who has withdrawn from
32 service with not less than 25 years of eligible creditable
33 service and has attained age 50, regardless of whether the
-398- LRB9101253EGfg
1 attainment of either of the specified ages occurs while the
2 member is still in service, shall be entitled to receive at
3 the option of the member, in lieu of the regular or minimum
4 retirement annuity, a retirement annuity computed as
5 follows:
6 (i) for periods of service as a noncovered
7 employee, 2 1/4% of final average compensation for each
8 of the first 10 years of creditable service, 2 1/2% for
9 each year above 10 years to and including 20 years of
10 creditable service, and 2 3/4% for each year of
11 creditable service above 20 years; and
12 (ii) for periods of eligible creditable service as
13 a covered employee, 1.67% of final average compensation
14 for each of the first 10 years of such service, 1.90% for
15 each of the next 10 years of such service, 2.10% for each
16 year of such service in excess of 20 but not exceeding
17 30, and 2.30% for each year in excess of 30.
18 Such annuity shall be subject to a maximum of 75% of
19 final average compensation. These rates shall not be
20 applicable to any service performed by a member as a covered
21 employee which is not eligible creditable service. Service
22 as a covered employee which is not eligible creditable
23 service shall be subject to the rates and provisions of
24 Section 14-108.
25 (b) For the purpose of this Section, "eligible
26 creditable service" means creditable service resulting from
27 service in one or more of the following positions:
28 (1) State policeman;
29 (2) fire fighter in the fire protection service of
30 a department;
31 (3) air pilot;
32 (4) special agent;
33 (5) investigator for the Secretary of State;
34 (6) conservation police officer;
-399- LRB9101253EGfg
1 (7) investigator for the Department of Revenue;
2 (8) security employee of the Department of Human
3 Services;
4 (9) Central Management Services security police
5 officer;
6 (10) security employee of the Department of
7 Corrections;
8 (11) dangerous drugs investigator;
9 (12) investigator for the Department of State
10 Police;
11 (13) investigator for the Office of the Attorney
12 General;
13 (14) controlled substance inspector;
14 (15) investigator for the Office of the State's
15 Attorneys Appellate Prosecutor;
16 (16) Commerce Commission police officer;
17 (17) arson investigator.
18 A person employed in one of the positions specified in
19 this subsection is entitled to eligible creditable service
20 for service credit earned under this Article while undergoing
21 the basic police training course approved by the Illinois
22 Local Governmental Law Enforcement Officers Training
23 Standards Board, if completion of that training is required
24 of persons serving in that position. For the purposes of
25 this Code, service during the required basic police training
26 course shall be deemed performance of the duties of the
27 specified position, even though the person is not a sworn
28 peace officer at the time of the training.
29 (c) For the purposes of this Section:
30 (1) The term "state policeman" includes any title
31 or position in the Department of State Police that is
32 held by an individual employed under the State Police
33 Act.
34 (2) The term "fire fighter in the fire protection
-400- LRB9101253EGfg
1 service of a department" includes all officers in such
2 fire protection service including fire chiefs and
3 assistant fire chiefs.
4 (3) The term "air pilot" includes any employee
5 whose official job description on file in the Department
6 of Central Management Services, or in the department by
7 which he is employed if that department is not covered by
8 the Personnel Code, states that his principal duty is the
9 operation of aircraft, and who possesses a pilot's
10 license; however, the change in this definition made by
11 this amendatory Act of 1983 shall not operate to exclude
12 any noncovered employee who was an "air pilot" for the
13 purposes of this Section on January 1, 1984.
14 (4) The term "special agent" means any person who
15 by reason of employment by the Division of Narcotic
16 Control, the Bureau of Investigation or, after July 1,
17 1977, the Division of Criminal Investigation, the
18 Division of Internal Investigation or any other Division
19 or organizational entity in the Department of State
20 Police is vested by law with duties to maintain public
21 order, investigate violations of the criminal law of this
22 State, enforce the laws of this State, make arrests and
23 recover property. The term "special agent" includes any
24 title or position in the Department of State Police that
25 is held by an individual employed under the State Police
26 Act.
27 (5) The term "investigator for the Secretary of
28 State" means any person employed by the Office of the
29 Secretary of State and vested with such investigative
30 duties as render him ineligible for coverage under the
31 Social Security Act by reason of Sections 218(d)(5)(A),
32 218(d)(8)(D) and 218(l)(1) of that Act.
33 A person who became employed as an investigator for
34 the Secretary of State between January 1, 1967 and
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1 December 31, 1975, and who has served as such until
2 attainment of age 60, either continuously or with a
3 single break in service of not more than 3 years
4 duration, which break terminated before January 1, 1976,
5 shall be entitled to have his retirement annuity
6 calculated in accordance with subsection (a),
7 notwithstanding that he has less than 20 years of credit
8 for such service.
9 (6) The term "Conservation Police Officer" means
10 any person employed by the Division of Law Enforcement of
11 the Department of Natural Resources and vested with such
12 law enforcement duties as render him ineligible for
13 coverage under the Social Security Act by reason of
14 Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of
15 that Act. The term "Conservation Police Officer"
16 includes the positions of Chief Conservation Police
17 Administrator and Assistant Conservation Police
18 Administrator.
19 (7) The term "investigator for the Department of
20 Revenue" means any person employed by the Department of
21 Revenue and vested with such investigative duties as
22 render him ineligible for coverage under the Social
23 Security Act by reason of Sections 218(d)(5)(A),
24 218(d)(8)(D) and 218(l)(1) of that Act.
25 (8) The term "security employee of the Department
26 of Human Services" means any person employed by the
27 Department of Human Services who is employed at the
28 Chester Mental Health Center and has daily contact with
29 the residents thereof, or who is a mental health police
30 officer. "Mental health police officer" means any person
31 employed by the Department of Human Services in a
32 position pertaining to the Department's mental health and
33 developmental disabilities functions who is vested with
34 such law enforcement duties as render the person
-402- LRB9101253EGfg
1 ineligible for coverage under the Social Security Act by
2 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
3 218(l)(1) of that Act.
4 (9) "Central Management Services security police
5 officer" means any person employed by the Department of
6 Central Management Services who is vested with such law
7 enforcement duties as render him ineligible for coverage
8 under the Social Security Act by reason of Sections
9 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
10 (10) The term "security employee of the Department
11 of Corrections" means any employee of the Department of
12 Corrections or the former Department of Personnel, and
13 any member or employee of the Prisoner Review Board, who
14 has daily contact with inmates by working within a
15 correctional facility or who is a parole officer or an
16 employee who has direct contact with committed persons in
17 the performance of his or her job duties.
18 (11) The term "dangerous drugs investigator" means
19 any person who is employed as such by the Department of
20 Human Services.
21 (12) The term "investigator for the Department of
22 State Police" means a person employed by the Department
23 of State Police who is vested under Section 4 of the
24 Narcotic Control Division Abolition Act with such law
25 enforcement powers as render him ineligible for coverage
26 under the Social Security Act by reason of Sections
27 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
28 (13) "Investigator for the Office of the Attorney
29 General" means any person who is employed as such by the
30 Office of the Attorney General and is vested with such
31 investigative duties as render him ineligible for
32 coverage under the Social Security Act by reason of
33 Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
34 Act. For the period before January 1, 1989, the term
-403- LRB9101253EGfg
1 includes all persons who were employed as investigators
2 by the Office of the Attorney General, without regard to
3 social security status.
4 (14) "Controlled substance inspector" means any
5 person who is employed as such by the Department of
6 Professional Regulation and is vested with such law
7 enforcement duties as render him ineligible for coverage
8 under the Social Security Act by reason of Sections
9 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
10 The term "controlled substance inspector" includes the
11 Program Executive of Enforcement and the Assistant
12 Program Executive of Enforcement.
13 (15) The term "investigator for the Office of the
14 State's Attorneys Appellate Prosecutor" means a person
15 employed in that capacity on a full time basis under the
16 authority of Section 7.06 of the State's Attorneys
17 Appellate Prosecutor's Act.
18 (16) "Commerce Commission police officer" means any
19 person employed by the Illinois Commerce Commission who
20 is vested with such law enforcement duties as render him
21 ineligible for coverage under the Social Security Act by
22 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
23 218(l)(1) of that Act.
24 (17) "Arson investigator" means any person who is
25 employed as such by the Office of the State Fire Marshal
26 and is vested with such law enforcement duties as render
27 the person ineligible for coverage under the Social
28 Security Act by reason of Sections 218(d)(5)(A),
29 218(d)(8)(D), and 218(l)(1) of that Act. A person who
30 was employed as an arson investigator on January 1, 1995
31 and is no longer in service but not yet receiving a
32 retirement annuity may convert his or her creditable
33 service for employment as an arson investigator into
34 eligible creditable service by paying to the System the
-404- LRB9101253EGfg
1 difference between the employee contributions actually
2 paid for that service and the amounts that would have
3 been contributed if the applicant were contributing at
4 the rate applicable to persons with the same social
5 security status earning eligible creditable service on
6 the date of application.
7 (d) A security employee of the Department of
8 Corrections, and a security employee of the Department of
9 Human Services who is not a mental health police officer,
10 shall not be eligible for the alternative retirement annuity
11 provided by this Section unless he or she meets the following
12 minimum age and service requirements at the time of
13 retirement:
14 (i) 25 years of eligible creditable service and age
15 55; or
16 (ii) beginning January 1, 1987, 25 years of
17 eligible creditable service and age 54, or 24 years of
18 eligible creditable service and age 55; or
19 (iii) beginning January 1, 1988, 25 years of
20 eligible creditable service and age 53, or 23 years of
21 eligible creditable service and age 55; or
22 (iv) beginning January 1, 1989, 25 years of
23 eligible creditable service and age 52, or 22 years of
24 eligible creditable service and age 55; or
25 (v) beginning January 1, 1990, 25 years of eligible
26 creditable service and age 51, or 21 years of eligible
27 creditable service and age 55; or
28 (vi) beginning January 1, 1991, 25 years of
29 eligible creditable service and age 50, or 20 years of
30 eligible creditable service and age 55.
31 Persons who have service credit under Article 16 of this
32 Code for service as a security employee of the Department of
33 Corrections in a position requiring certification as a
34 teacher may count such service toward establishing their
-405- LRB9101253EGfg
1 eligibility under the service requirements of this Section;
2 but such service may be used only for establishing such
3 eligibility, and not for the purpose of increasing or
4 calculating any benefit.
5 (e) If a member enters military service while working in
6 a position in which eligible creditable service may be
7 earned, and returns to State service in the same or another
8 such position, and fulfills in all other respects the
9 conditions prescribed in this Article for credit for military
10 service, such military service shall be credited as eligible
11 creditable service for the purposes of the retirement annuity
12 prescribed in this Section.
13 (f) For purposes of calculating retirement annuities
14 under this Section, periods of service rendered after
15 December 31, 1968 and before October 1, 1975 as a covered
16 employee in the position of special agent, conservation
17 police officer, mental health police officer, or investigator
18 for the Secretary of State, shall be deemed to have been
19 service as a noncovered employee, provided that the employee
20 pays to the System prior to retirement an amount equal to (1)
21 the difference between the employee contributions that would
22 have been required for such service as a noncovered employee,
23 and the amount of employee contributions actually paid, plus
24 (2) if payment is made after July 31, 1987, regular interest
25 on the amount specified in item (1) from the date of service
26 to the date of payment.
27 For purposes of calculating retirement annuities under
28 this Section, periods of service rendered after December 31,
29 1968 and before January 1, 1982 as a covered employee in the
30 position of investigator for the Department of Revenue shall
31 be deemed to have been service as a noncovered employee,
32 provided that the employee pays to the System prior to
33 retirement an amount equal to (1) the difference between the
34 employee contributions that would have been required for such
-406- LRB9101253EGfg
1 service as a noncovered employee, and the amount of employee
2 contributions actually paid, plus (2) if payment is made
3 after January 1, 1990, regular interest on the amount
4 specified in item (1) from the date of service to the date of
5 payment.
6 (g) A State policeman may elect, not later than January
7 1, 1990, to establish eligible creditable service for up to
8 10 years of his service as a policeman under Article 3, by
9 filing a written election with the Board, accompanied by
10 payment of an amount to be determined by the Board, equal to
11 (i) the difference between the amount of employee and
12 employer contributions transferred to the System under
13 Section 3-110.5, and the amounts that would have been
14 contributed had such contributions been made at the rates
15 applicable to State policemen, plus (ii) interest thereon at
16 the effective rate for each year, compounded annually, from
17 the date of service to the date of payment.
18 Subject to the limitation in subsection (i), a State
19 policeman may elect, not later than July 1, 1993, to
20 establish eligible creditable service for up to 10 years of
21 his service as a member of the County Police Department under
22 Article 9, by filing a written election with the Board,
23 accompanied by payment of an amount to be determined by the
24 Board, equal to (i) the difference between the amount of
25 employee and employer contributions transferred to the System
26 under Section 9-121.10 and the amounts that would have been
27 contributed had those contributions been made at the rates
28 applicable to State policemen, plus (ii) interest thereon at
29 the effective rate for each year, compounded annually, from
30 the date of service to the date of payment.
31 (h) Subject to the limitation in subsection (i), a State
32 policeman or investigator for the Secretary of State may
33 elect to establish eligible creditable service for up to 12
34 years of his service as a policeman under Article 5, by
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1 filing a written election with the Board on or before January
2 31, 1992, and paying to the System by January 31, 1994 an
3 amount to be determined by the Board, equal to (i) the
4 difference between the amount of employee and employer
5 contributions transferred to the System under Section 5-236,
6 and the amounts that would have been contributed had such
7 contributions been made at the rates applicable to State
8 policemen, plus (ii) interest thereon at the effective rate
9 for each year, compounded annually, from the date of service
10 to the date of payment.
11 Subject to the limitation in subsection (i), a State
12 policeman, conservation police officer, or investigator for
13 the Secretary of State may elect to establish eligible
14 creditable service for up to 10 years of service as a
15 sheriff's law enforcement employee under Article 7, by filing
16 a written election with the Board on or before January 31,
17 1993, and paying to the System by January 31, 1994 an amount
18 to be determined by the Board, equal to (i) the difference
19 between the amount of employee and employer contributions
20 transferred to the System under Section 7-139.7, and the
21 amounts that would have been contributed had such
22 contributions been made at the rates applicable to State
23 policemen, plus (ii) interest thereon at the effective rate
24 for each year, compounded annually, from the date of service
25 to the date of payment.
26 (i) The total amount of eligible creditable service
27 established by any person under subsections (g), (h), (j),
28 (k), and (l) of this Section shall not exceed 12 years.
29 (j) Subject to the limitation in subsection (i), an
30 investigator for the Office of the State's Attorneys
31 Appellate Prosecutor or a controlled substance inspector may
32 elect to establish eligible creditable service for up to 10
33 years of his service as a policeman under Article 3 or a
34 sheriff's law enforcement employee under Article 7, by filing
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1 a written election with the Board, accompanied by payment of
2 an amount to be determined by the Board, equal to (1) the
3 difference between the amount of employee and employer
4 contributions transferred to the System under Section 3-110.6
5 or 7-139.8, and the amounts that would have been contributed
6 had such contributions been made at the rates applicable to
7 State policemen, plus (2) interest thereon at the effective
8 rate for each year, compounded annually, from the date of
9 service to the date of payment.
10 (k) Subject to the limitation in subsection (i) of this
11 Section, an alternative formula employee may elect to
12 establish eligible creditable service for periods spent as a
13 full-time law enforcement officer or full-time corrections
14 officer employed by the federal government or by a state or
15 local government located outside of Illinois, for which
16 credit is not held in any other public employee pension fund
17 or retirement system. To obtain this credit, the applicant
18 must file a written application with the Board by March 31,
19 1998, accompanied by evidence of eligibility acceptable to
20 the Board and payment of an amount to be determined by the
21 Board, equal to (1) employee contributions for the credit
22 being established, based upon the applicant's salary on the
23 first day as an alternative formula employee after the
24 employment for which credit is being established and the
25 rates then applicable to alternative formula employees, plus
26 (2) an amount determined by the Board to be the employer's
27 normal cost of the benefits accrued for the credit being
28 established, plus (3) regular interest on the amounts in
29 items (1) and (2) from the first day as an alternative
30 formula employee after the employment for which credit is
31 being established to the date of payment.
32 (l) Subject to the limitation in subsection (i), a
33 security employee of the Department of Corrections may elect,
34 not later than July 1, 1998, to establish eligible creditable
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1 service for up to 10 years of his or her service as a
2 policeman under Article 3, by filing a written election with
3 the Board, accompanied by payment of an amount to be
4 determined by the Board, equal to (i) the difference between
5 the amount of employee and employer contributions transferred
6 to the System under Section 3-110.5, and the amounts that
7 would have been contributed had such contributions been made
8 at the rates applicable to security employees of the
9 Department of Corrections, plus (ii) interest thereon at the
10 effective rate for each year, compounded annually, from the
11 date of service to the date of payment.
12 (Source: P.A. 89-136, eff. 7-14-95; 89-445, eff. 2-7-96;
13 89-507, eff. 7-1-97; 90-32, eff. 6-27-97; revised 7-10-98.)
14 (40 ILCS 5/14-120) (from Ch. 108 1/2, par. 14-120)
15 Sec. 14-120. Survivors annuities - Conditions for
16 payments. A survivors annuity is established for all members
17 of the System. Upon the death of any male person who was a
18 member on July 19, 1961, however, his widow may have the
19 option of receiving the widow's annuity provided in this
20 Article, in lieu of the survivors annuity.
21 (a) A survivors annuity beneficiary, as herein defined,
22 is eligible for a survivors annuity if the deceased member
23 had completed at least 1 1/2 years of contributing creditable
24 service if death occurred:
25 (1) while in service;
26 (2) while on an approved or authorized leave of
27 absence from service, not exceeding one year
28 continuously; or
29 (3) while in receipt of a non-occupational
30 disability or an occupational disability benefit.
31 (b) If death of the member occurs after withdrawal, the
32 survivors annuity beneficiary is eligible for such annuity
33 only if the member had fulfilled at the date of withdrawal
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1 the prescribed service conditions for establishing a right in
2 a retirement annuity.
3 (c) Payment of the survivors annuity shall begin
4 immediately if the beneficiary is 50 years or over, or upon
5 attainment of age 50 if the beneficiary is under that age at
6 the date of the member's death. In the case of survivors of a
7 member whose death occurred between November 1, 1970 and July
8 15, 1971, the payment of the survivors annuity shall begin
9 upon October 1, 1977, if the beneficiary is then 50 years of
10 age or older, or upon the attainment of age 50 if the
11 beneficiary is under that age on October 1, 1977.
12 If an eligible child or children, under the care of the
13 spouse also survive the member, the survivors annuity shall
14 begin immediately without regard to whether the beneficiary
15 has attained age 50.
16 Benefits under this Section shall accrue and be payable
17 for whole calendar months, beginning on the first day of the
18 month after the initiating event occurs and ending on the
19 last day of the month in which the terminating event occurs.
20 (d) A survivor annuity beneficiary means:
21 (1) A spouse of a member or annuitant if the
22 current marriage with the member or annuitant was in
23 effect for at least one year at the date of the member or
24 annuitant's member's death or at least one year at the
25 date of his or her withdrawal, whichever first occurs.
26 (2) An unmarried child under age 18 (under age 22
27 if a full-time student) of the member or annuitant; an
28 unmarried stepchild under age 18 (under age 22 if a
29 full-time student) who has been such for at least one
30 year at the date of the member's death or at least one
31 year at the date of withdrawal, whichever first occurs;
32 an unmarried adopted child under age 18 (under age 22 if
33 a full-time student) if the adoption proceedings were
34 initiated at least one year prior to the death or
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1 withdrawal of the member or annuitant, whichever first
2 occurs; and an unmarried child over age 18 if he or she
3 is dependent by reason of a physical or mental
4 disability, so long as the physical or mental disability
5 continues. For purposes of this subsection, disability
6 means inability to engage in any substantial gainful
7 activity by reason of any medically determinable physical
8 or mental impairment which can be expected to result in
9 death or which has lasted or can be expected to last for
10 a continuous period of not less than 12 months.
11 (3) A dependent parent of the member or annuitant;
12 a dependent step-parent by a marriage contracted before
13 the member or annuitant attained age 18; or a dependent
14 adopting parent by whom the member or annuitant was
15 adopted before he or she attained age 18.
16 (e) Payment of a survivors annuity to a beneficiary
17 terminates upon: (1) remarriage before age 55 or death, if
18 the beneficiary is of a spouse; (2) marriage or death, if the
19 beneficiary is of a child; or (3) remarriage before age 55 or
20 death, if the beneficiary is of a parent terminates the
21 survivors annuity payable on account of such beneficiary.
22 Remarriage of a prospective beneficiary prior to the
23 attainment of age 50 disqualifies the beneficiary for the
24 annuity expectancy hereunder. Termination due to a marriage
25 or remarriage shall be permanent regardless of any future
26 changes in marital status.
27 Any person whose survivors annuity was terminated during
28 1978 or 1979 due to remarriage at age 55 or over shall be
29 eligible to apply, not later than July 1, 1990, for a
30 resumption of that annuity, to begin on July 1, 1990.
31 (f) The term "dependent" relating to a survivors annuity
32 means a beneficiary of a survivors annuity who was receiving
33 from the member at the date of the member's death at least
34 1/2 of the support for maintenance including board, lodging,
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1 medical care and like living costs.
2 (g) If there is no eligible spouse surviving the member,
3 or if a survivors annuity beneficiary includes a spouse who
4 dies or remarries, the annuity is payable to an unmarried
5 child or children. If at the date of death of the member
6 there is no spouse or unmarried child, payments shall be made
7 to a dependent parent or parents. If no eligible survivors
8 annuity beneficiary survives the member, the non-occupational
9 death benefit is payable in the manner provided in this
10 Article.
11 (h) Survivor benefits do not affect any reversionary
12 annuity.
13 (i) If a survivors annuity beneficiary becomes entitled
14 to a widow's annuity or one or more survivors annuities or
15 both such annuities, the beneficiary shall elect to receive
16 only one of such annuities.
17 (j) Contributing creditable service under the State
18 Universities Retirement System and the Teachers' Teachers
19 Retirement System of the State of Illinois shall be
20 considered in determining whether the member has met the
21 contributing service requirements of this Section.
22 (k) In lieu of the Survivor's Annuity described in this
23 Section, the spouse of the member has the option to select
24 the Nonoccupational Death Benefit described in this Article,
25 provided the spouse is the sole survivor and the sole
26 nominated beneficiary of the member.
27 (l) The changes made to this Section and Sections
28 14-118, 14-119, and 14-128 by this amendatory Act of 1997,
29 relating to benefits for certain unmarried children who are
30 full-time students under age 22, apply without regard to
31 whether the deceased member was in service on or after the
32 effective date of this amendatory Act of 1997. These changes
33 do not authorize the repayment of a refund or a re-election
34 of benefits, and any benefit or increase in benefits
-413- LRB9101253EGfg
1 resulting from these changes is not payable retroactively for
2 any period before the effective date of this amendatory Act
3 of 1997.
4 (Source: P.A. 90-448, eff. 8-16-97; revised 2-24-98.)
5 (40 ILCS 5/15-102) (from Ch. 108 1/2, par. 15-102)
6 Sec. 15-102. Terms defined. The terms used in this
7 Article shall have the meanings ascribed to them in Sections
8 15-103 through 15-132.1 15-132, except when the context
9 otherwise requires.
10 (Source: P.A. 83-1440; revised 3-2-98.)
11 (40 ILCS 5/15-113.6) (from Ch. 108 1/2, par. 15-113.6)
12 Sec. 15-113.6. Service for employment in public schools.
13 "Service for employment in public schools": Includes those
14 periods not exceeding the lesser of 10 years or 2/3 of the
15 service granted under other Sections of this Article dealing
16 with service credit, during which a person who entered the
17 system after September 1, 1974 was employed full time by a
18 public common school, public college and public university,
19 or by an agency or instrumentality of any of the foregoing,
20 of any state, territory, dependency or possession of the
21 United States of America, including the Philippine Phillipine
22 one of Section 17-133.
19 (Source: P.A. 83-1440; revised 10-31-98.)
20 (40 ILCS 5/17-123) (from Ch. 108 1/2, par. 17-123)
21 Sec. 17-123. Death benefits - Death in service. If a
22 teacher dies (a) in service, (b) after resignation or (c)
23 after retirement but before receiving any pension payment,
24 his or her estate shall be paid a refund of the amounts he or
25 she contributed to the Fund less (1) any former refund that
26 has not been repaid, (2) the amount contributed for a
27 survivor's pension in the event such pension is payable under
28 Sections 17-121 and 17-122 121 and 122 of this Article and
29 (3) pension payments received; but if a written direction,
30 signed by the contributor before an officer authorized to
31 take acknowledgments and stating that the refund shall be
32 paid to named beneficiaries, was filed with the Board prior
33 to his or her death, the refund shall be paid to such named
-415- LRB9101253EGfg
1 beneficiaries. If any of several named beneficiaries does not
2 survive the contributor and no directive was furnished by the
3 member to cover this contingency, the deceased beneficiary's
4 share of the refund shall be paid to the estate of the
5 contributor.
6 In addition to the payment provided in the foregoing
7 paragraph, if such teacher has received service credit within
8 13 calendar months of the date of death or was on a sick
9 leave authorized by the Employer at the time of death, and if
10 no other pensions or benefits were payable under the
11 provisions of this Article or any other participating system,
12 as defined in the Illinois Retirement Systems Reciprocal Act,
13 except a refund of contributions or a survivor's pension,
14 there shall be paid a single payment death benefit. For a
15 teacher who dies on or after the effective date of this
16 amendatory Act of 1991, this benefit shall be equal to the
17 last month's base rate of salary, subject to the limitations
18 and conditions set forth in this Article, for each year of
19 validated service, not to exceed 6 times such salary, or
20 $10,000, whichever is less. The single payment death benefit
21 shall be paid in the manner prescribed for a refund of
22 contributions to the Fund.
23 Death benefits shall be paid only on written application
24 to the Board.
25 (Source: P.A. 90-566, eff. 1-2-98; revised 3-2-98.)
26 (40 ILCS 5/17-127.2)
27 Sec. 17-127.2. Additional contributions by employer of
28 teachers. (a) Beginning July 1, 1998, the employer of a
29 teacher shall pay to the Fund an employer contribution
30 computed as follows:
31 (1) Beginning July 1, 1998 through June 30, 1999,
32 the employer contribution shall be equal to 0.3% of each
33 teacher's salary.
-416- LRB9101253EGfg
1 (2) Beginning July 1, 1999 and thereafter, the
2 employer contribution shall be equal to 0.58% of each
3 teacher's salary.
4 The employer may pay these employer contributions out of any
5 source of funding available for that purpose and shall
6 forward the contributions to the Fund on the schedule
7 established for the payment of member contributions.
8 These employer contributions need not be made in a fiscal
9 year if the Board has certified in the previous fiscal year
10 that the Fund is at least 90% funded, based on actuarial
11 determinations.
12 These employer contributions are intended to offset a
13 portion of the cost to the Fund of the increases in
14 retirement benefits resulting from Public Act 90-582 this
15 amendatory Act of 1998.
16 (Source: P.A. 90-582, eff. 5-27-98; revised 10-28-98.)
17 (40 ILCS 5/18-112.2) (from Ch. 108 1/2, par. 18-112.2)
18 Sec. 18-112.2. Transfer of creditable service to Article
19 8, 9 or 13 Fund.
20 (a) Any city officer as defined in Section 8-243.2 of
21 this Code, any county officer elected by vote of the people
22 who is a participant in the pension fund established under
23 Article 9 13 of this Code, and any elected sanitary district
24 commissioner who is a participant in a pension fund
25 established under Article 13 of this Code, may apply for
26 transfer of his or her credits and creditable service
27 accumulated under this System to such Article 8, 9 or 13
28 fund. Such creditable service shall be transferred
29 forthwith. Payment by this System to the Article 8, 9 or 13
30 fund shall be made at the same time, and shall consist of:
31 (1) the amounts credited to the applicant through
32 employee contributions, including interest if applicable,
33 on the date of transfer; and
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1 (2) employer contributions equal to the accumulated
2 employee contributions as determined under clause (1)
3 above.
4 Participation in this System shall terminate on the date
5 of transfer.
6 (b) Any such elected city officer, county officer or
7 sanitary district commissioner may reinstate credits and
8 creditable service terminated upon receipt of a refund, by
9 repaying to the System the amount of the refund together with
10 interest thereon to the date of payment.
11 (Source: P.A. 85-964; 86-1488; revised 10-31-98.)
12 Section 68. The Local Records Act is amended by changing
13 Section 3a as follows:
14 (50 ILCS 205/3a) (from Ch. 116, par. 43.103a)
15 Sec. 3a. (a) Reports and records of the obligation,
16 receipt and use of public funds of the units of local
17 government and school districts, including certified audits,
18 management letters and other audit reports made by the
19 Auditor General, County Auditors, other officers or by
20 certified public accountants licensed under the Illinois
21 Public Accounting Act "An Act to regulate the practice of
22 public accounting and to repeal certain Acts therein named",
23 approved July 22, 1943, as amended, and presented to the
24 corporate authorities or boards of the units of local
25 government, are public records available for inspection by
26 the public. These records shall be kept at the official place
27 of business of each unit of local government and school
28 district or at a designated place of business of the unit or
29 district. These records shall be available for public
30 inspection during regular office hours except when in
31 immediate use by persons exercising official duties which
32 require the use of those records. The person in charge of
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1 such records may require a notice in writing to be submitted
2 24 hours prior to inspection and may require that such notice
3 specify which records are to be inspected. Nothing in this
4 Section shall require units of local government and school
5 districts to invade or assist in the invasion of any person's
6 right to privacy.
7 (Source: P.A. 82-239; revised 10-31-98.)
8 Section 69. The Governmental Account Audit Act is
9 amended by changing Section 10 as follows:
10 (50 ILCS 310/10) (from Ch. 85, par. 710)
11 Sec. 10. This Act does not relieve any officer of any
12 other duties required by law of him with respect to the
13 auditing of public accounts or the disbursement of public
14 funds. Failure of the governing body of any governmental unit
15 to comply with the provisions provision of this Act does not
16 affect the legality of taxes levied for any of the funds of
17 such governmental unit.
18 (Source: Laws 1967, p. 529; revised 10-31-98.)
19 Section 70. The Local Government Debt Limitation Act is
20 amended by changing Section 1.22 as follows:
21 (50 ILCS 405/1.22) (from Ch. 85, par. 851.22)
22 Sec. 1.22. The limitations prescribed in Section 1 of
23 this Act do not apply to any indebtedness of any township for
24 acquisition of open lands and their use for open space
25 purposes under Article 115 of the Township Code.
26 (Source: P.A. 88-670, eff. 12-2-94; revised 10-31-98.)
27 Section 71. The Illinois Police Training Act is amended
28 by changing Section 2 as follows:
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1 (50 ILCS 705/2) (from Ch. 85, par. 502)
2 Sec. 2. Definitions. As used in this Act, unless the
3 context otherwise requires:
4 "Board" means the Illinois Law Enforcement Training
5 Standards Board.
6 "Local governmental agency" means any local governmental
7 unit or municipal corporation in this State. It does not
8 include the State of Illinois or any office, officer,
9 department, division, bureau, board, commission, or agency of
10 the State, except that it does include a State-controlled
11 university, college or public community college.
12 "Police training school" means any school located within
13 the State of Illinois whether privately or publicly owned
14 which offers a course in police or county corrections
15 training and has been approved by the Board.
16 "Probationary police officer" means a recruit law
17 enforcement officer required to successfully complete initial
18 minimum basic training requirements at a police training
19 school to be eligible for permanent full-time employment as a
20 local law enforcement officer.
21 "Probationary part-time police officer" means a recruit
22 part-time law enforcement officer required to successfully
23 complete initial minimum part-time training requirements to
24 be eligible for employment on a part-time basis as a local
25 law enforcement officer.
26 "Permanent police officer" means a law enforcement
27 officer who has completed his or her probationary period and
28 is permanently employed on a full-time basis as a local law
29 enforcement officer by a participating local governmental
30 unit or as a security officer or campus policeman permanently
31 employed by a participating State-controlled university,
32 college, or public community college.
33 "Part-time police officer" means a law enforcement
34 officer who has completed his or her probationary period and
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1 is employed on a part-time basis as a law enforcement officer
2 by a participating unit of local government or as a campus
3 policeman by a participating State-controlled university,
4 college, or public community college.
5 "Law enforcement officer" means any police officer of a
6 local governmental agency who is primarily responsible for
7 prevention or detection of crime and the enforcement of the
8 criminal code, traffic, or highway laws of this State or any
9 political subdivision of this State.
10 "Recruit" means any full-time or part-time law
11 enforcement officer or full-time county corrections officer
12 who is enrolled in an approved training course.
13 "Probationary county corrections officer" means a recruit
14 county corrections officer required to successfully complete
15 initial minimum basic training requirements at a police
16 training school to be eligible for permanent employment on a
17 full-time basis as a county corrections officer.
18 "Permanent county corrections officer" means a county
19 corrections officer who has completed his probationary period
20 and is permanently employed on a full-time basis as a county
21 corrections officer by a participating local governmental
22 unit.
23 "County corrections officer" means any sworn officer of
24 the sheriff who is primarily responsible for the control and
25 custody of offenders, detainees or inmates.
26 "Probationary court security officer" means a recruit
27 court security officer required to successfully complete
28 initial minimum basic training requirements at a designated
29 training school to be eligible for employment as a court
30 security officer.
31 "Permanent court security officer" means a court security
32 officer who has completed his or her probationary period and
33 is employed as a court security officer by a participating
34 local governmental unit.
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1 "Court security officer" has the meaning ascribed to it
2 in Section 3-6012.1 of the Counties Code.
3 (Source: P.A. 89-170, eff. 1-1-96; 89-685, eff. 6-1-97;
4 89-707, eff. 6-1-97; 90-271, eff. 7-30-97; revised 7-10-98.)
5 Section 72. The Law Enforcement Intern Training Act is
6 amended by changing Sections 5 and 20 as follows:
7 (50 ILCS 708/5)
8 Sec. 5. Definitions. As used in this Act:
9 "Academy" means a school certified by the Illinois Law
10 Enforcement Training and Standards Board to provide basic
11 training under Section 6 of the Illinois Police Training Act.
12 "Board" means the Illinois Law Enforcement Training and
13 Standards Board created by the Illinois Police Training Act.
14 "Law Enforcement Intern" means a civilian who has met the
15 requirements to enter the Law Enforcement Intern Training
16 Program and who is not employed as a law enforcement officer
17 under the Illinois Police Training Act.
18 "Graduate Law Enforcement Intern" means a civilian who
19 has successfully completed the law enforcement intern
20 training course and is not employed as a law enforcement
21 officer under the Illinois Police Training Act.
22 "Trainee" means a law enforcement intern who is enrolled
23 in the Law Enforcement Intern Training Program.
24 (Source: P.A. 90-259, eff. 7-30-97; revised 7-10-98.)
25 (50 ILCS 708/20)
26 Sec. 20. Certification; transition course. The Board
27 shall require law enforcement interns to undertake, at a
28 minimum, the same training requirements as established for
29 law enforcement officers under the Illinois Police Training
30 Act. The Board certificate reserved for law enforcement
31 officers shall not be awarded until the law enforcement
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1 intern is employed, has successfully completed the State
2 certification exam, and meets the requirements established by
3 the Board. The Law Enforcement Intern Certificate shall be
4 issued to the trainee following the successful completion of
5 the course. The graduate law enforcement intern, if not
6 employed as a law enforcement officer within 2 years after
7 issuance of the law enforcement intern certificate, must then
8 meet the requirements of the Illinois Police Training Act
9 upon employment. A graduate law enforcement intern who is
10 not employed within one year, but is hired within 2 years
11 after completing the course, must successfully complete a
12 transition course approved by the Illinois Law Enforcement
13 Police Training Standards Board and again successfully
14 complete the law enforcement State certification exam in
15 order to obtain the Board's certificate reserved for law
16 enforcement officers. The transition course shall consist of
17 a minimum of 80 hours and shall be conducted at a Board
18 certified academy.
19 (Source: P.A. 90-259, eff. 7-30-97; revised 7-10-98.)
20 Section 73. The Counties Code is amended by changing
21 Sections 3-2005, 3-3042, 3-10003, 3-12013, 3-13001, 4-2003,
22 5-1109, 5-23006, 5-23014, 5-32014, 5-32017, and 5-32030 as
23 follows:
24 (55 ILCS 5/3-2005) (from Ch. 34, par. 3-2005)
25 Sec. 3-2005. Bond. Each county clerk shall, before
26 entering upon the duties of his or her office, give bond (or,
27 if the county is self-insured, the county through its
28 self-insurance program may provide bonding) in such penalty
29 and with such security as the county board shall deem
30 sufficient, which bond shall be substantially in the
31 following form, and shall be recorded in full in the records
32 of his or her office, and when so recorded shall be deposited
-423- LRB9101253EGfg
1 with the clerk of the circuit court for safe keeping:
2 We, (A B) principal, and (C D), and (E F), sureties, all
3 of the county of ...., and State of Illinois, are obligated
4 to the People of the State of Illinois, in the penal sum of
5 $...., for the payment of which, we obligate ourselves, each
6 of us, our heirs, executors and administrators.
7 The condition of the above bond is such, that if the
8 above obligated (A B) shall perform all the duties which are
9 or may be required by law to be performed by him as county
10 clerk of the county of .... in the time and manner prescribed
11 or to be prescribed by law, and when he is succeeded in
12 office, shall surrender and deliver over to his or her
13 successor in office all books, papers, moneys, and other
14 things belonging to the county, and appertaining to his or
15 her office, then the above bond to be void; otherwise to
16 remain in full force.
17 Dated (insert date). 19
18 Signed and delivered in the presence of (G H).
19 Signature A B,
20 Signature C D,
21 Signature E F,
22 (Source: P.A. 88-387; revised 10-20-98.)
23 (55 ILCS 5/3-3042) (from Ch. 34, par. 3-3042)
24 Sec. 3-3042. Duties of deputies. Deputy coroners, duly
25 appointed and qualified, may perform any and all of the
26 duties of the coroner in the name of the coroner, and the
27 acts of such deputies shall be held to be acts of the
28 coroner.
29 (Source: P.A. 86-962; revised 10-31-98.)
30 (55 ILCS 5/3-10003) (from Ch. 34, par. 3-10003)
31 Sec. 3-10003. Bond; form. Each County treasurer, before
32 he or she enters upon the duties of his or her office, shall
-424- LRB9101253EGfg
1 also execute a bond (or, if the county is self-insured, the
2 county through its self-insurance program may provide
3 bonding) in such penalty and with such security as the county
4 board shall deem sufficient, which bond in every county now
5 having or which may hereafter have a population of 500,000 or
6 more shall be in a penal sum of not less than $1,500,000.
7 Such bond shall be in substance in the following form to-wit:
8 We, (A.B.), principal, and (C.D. and E.F.), sureties, all
9 of the county of .... and State of Illinois, are obligated to
10 the People of the State of Illinois in the penal sum of
11 $...., for the payment of which, we obligate ourselves, each
12 of us, our heirs, executors and administrators, successors
13 and assigns.
14 The condition of the above bond is such, that if the
15 above obligated (A.B.) shall perform all the duties which are
16 or may be required by law to be performed by him or her, as
17 treasurer of the county of .... in the time and manner
18 prescribed or to be prescribed by law, and when he or she is
19 succeeded in office, shall surrender and deliver over to his
20 or her successor in office, all books, papers, moneys and
21 other things belonging to the county, and appertaining to his
22 or her office, except as hereinafter provided, then the above
23 bond to be void; otherwise to remain in full force.
24 It is expressly understood and intended that the
25 obligation of the above named sureties shall not extend to
26 any loss sustained by the insolvency, failure or closing of
27 any bank or trust company organized and operating under the
28 laws of this State or of the United States wherein the
29 principal has placed the funds in his custody or control, or
30 any part thereof.
31 Dated (insert date). 19
32 Signed and delivered in the presence of (G.H.)
33 A. B. .... (Signature)
34 C. D. .... (Signature)
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1 E. F. .... (Signature)
2 The bond shall be filed with the county clerk on or
3 before the first Monday of December after such election.
4 (Source: P.A. 88-387; revised 10-20-98.)
5 (55 ILCS 5/3-12013) (from Ch. 34, par. 3-12013)
6 Sec. 3-12013. Violations; prosecution. Violations,
7 penalties, prosecutions. Any person who wilfully or through
8 culpable negligence violates this Division, or any
9 commission, examiner, agent or employee of the commission, or
10 any applicant who wilfully or through culpable negligence
11 violates any rule promulgated under this Division, shall be
12 punished by a fine of not less than $50 nor more than $1,000,
13 or by imprisonment in a penal institution other than the
14 penitentiary for a term not exceeding 6 months, or both.
15 All prosecutions for violations of this Division shall be
16 instituted and conducted by the State's Attorney of the
17 county where the offense occurred. In the case of conviction
18 under this Division, the office or position held by the
19 person convicted shall be considered vacant.
20 (Source: P.A. 86-962; revised 10-31-98.)
21 (55 ILCS 5/3-13001) (from Ch. 34, par. 3-13001)
22 Sec. 3-13001. Account of fees received by county
23 officers. Every county officer of counties of the first and
24 second classes who collects fees shall, in a book to be kept
25 for that purpose, keep a full, true and minute account of all
26 the fees and emoluments of his or her office, designating in
27 corresponding columns, the amount of all fees and emoluments
28 earned, and all payments received on account thereof, and
29 showing the name of each person or persons paying fees, and
30 the amount received from each person, and shall also keep an
31 account of all expenditures made by him or her on account of
32 clerk hire, stationery, fuel, and other expenses, for keeping
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1 which book no fees shall be allowed to such officer.
2 Every such officer of counties of the first and second
3 classes, shall, on the first day of June and December of each
4 year, make to the chairman of the county boards, a return in
5 writing of all the fees and emoluments of his or her office,
6 of every name and character, which report shall show the
7 gross amount of the earnings of the office, and the total
8 amount of receipts of whatever name and character, and all
9 necessary expenses for clerk hire, stationery, fuel and other
10 expenses for the half year ending at the time of such report,
11 or the portion thereof.
12 The county boards, in counties of the first and second
13 class, shall carefully audit and examine such report, and
14 ascertain the exact balance of such fees, if any, held by any
15 such officer, and shall order that such officer shall pay
16 over such moneys to the county treasurer, whose receipt
17 therefor shall be evidence of the settlement, by such officer
18 of such report.
19 Every such report shall be signed and verified by the
20 affidavit of the officer making the same, which affidavit
21 shall be substantially of the following form:
22 "STATE OF ILLINOIS,
23 County of ....
24 I, ...., do solemnly swear, that the foregoing account
25 is, in all respects, just and true, according to my best
26 knowledge and belief; and that I have neither received,
27 directly or indirectly, nor directly or indirectly agreed to
28 receive or be paid, for my own or another's benefit, any
29 other moneys, article or consideration than therein stated.
30 ........................
31 Signed and sworn to before me on (insert date). this ....
32 day of ...., 19.
33 ......................."
34 (Source: P.A. 86-962; revised 10-20-98.)
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1 (55 ILCS 5/4-2003) (from Ch. 34, par. 4-2003)
2 Sec. 4-2003. Assistants. Where assistant State's
3 Attorneys are required in any county, the number of such
4 assistants shall be determined by the county board, and the
5 salaries of such assistants shall be fixed by the State's
6 Attorney subject to budgetary limitations established by the
7 county board and paid out of the county treasury in quarterly
8 annual installments, on the order of the county board on the
9 treasurer of said county. Such assistant State's Attorneys
10 are to be named by the State's Attorney of the county, and
11 when so appointed shall take the oath of office in the same
12 like manner as State's Attorneys, and shall be under the
13 supervision of the State's Attorney.
14 (Source: P.A. 86-962; 86-1303; revised 10-31-98.)
15 (55 ILCS 5/5-1109) (from Ch. 34, par. 5-1109)
16 Sec. 5-1109. Assessment maps in counties of less than
17 1,000,000. The county board of any county having a
18 population of less than 1,000,000 inhabitants may whenever in
19 the opinion of the board it becomes necessary, retain the
20 services of a surveyor who shall be registered under the
21 provisions of the Illinois Professional Land Surveyor Act of
22 1989, as amended, or a person experienced in the preparation
23 of assessment maps or plats, to prepare assessment maps or
24 plats of all or any part of the real property in any or all
25 of the townships in such county. Such maps shall show each
26 separately assessed parcel of real estate together with the
27 area thereof. Subdivided property in recorded plats shall be
28 given the same designation as is contained in the plat
29 recorded, except that the surveyor may designate by letter or
30 number any assessed parcel within such recorded plat which
31 cannot be identified without describing it by metes and
32 bounds. Assessed parcels not within recorded plats shall be
33 designated by lot numbers or letters. The county board in
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1 each county may make such further regulations concerning this
2 work as are deemed necessary. A copy of the books containing
3 such maps or plats shall be filed with the county assessor or
4 supervisor of assessments, with the recorder and with the
5 county clerk, and a copy of the maps or plats for each
6 township shall be filed with the assessor of such township,
7 all of whom shall maintain and preserve these copies subject
8 to the provisions of the Local Records Act, as amended. Upon
9 the filing of the books as aforesaid, the county clerk, the
10 township or county assessor, the supervisor of assessments,
11 the board of review, and all other persons whose duty it is
12 to assess property within the area covered by the maps,
13 shall, beginning with the next quadrennial assessment year as
14 set forth in Section 9-95 of the Property Tax Code, assess
15 the parcels of land by identifying them in accordance with
16 the description and designation set forth in such assessment
17 map or maps. All maps filed in accordance herewith shall be
18 designated as "Supervisors' Assessment Maps .... Township".
19 In any county adopting the provisions of this Section, a
20 surveyor, who shall be registered under the provisions of the
21 Illinois Professional Land Surveyor Act of 1989, as amended,
22 or a person experienced in the preparation of assessment maps
23 or plats, shall be retained by the county board and shall
24 prepare supplemental or correction maps showing all changes
25 in assessment descriptions made subsequent to the preceding
26 maps and prior to November 15 of the year preceding each
27 quadrennial assessment year. Supplemental or correction maps
28 shall be prepared only of those pages upon which corrections
29 or changes are to be made and shall conform to the original
30 maps filed except as to such changes. Copies of such
31 supplemental or correction maps or pages, properly indexed
32 and identified, shall be bound in one volume, if practical;
33 shall be filed in the same manner as is herein provided for
34 copies of the original maps; and shall be known as
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1 "Supplemental Supervisors' Assessment Maps for the year
2 (insert year) 19..".
3 The expense of making such maps or plats and copies
4 thereof shall be borne by the county.
5 (Source: P.A. 88-670, eff. 12-2-94; revised 10-20-98.)
6 (55 ILCS 5/5-23006) (from Ch. 34, par. 5-23006)
7 Sec. 5-23006. Referendum; joint facilities. When 100
8 legal voters of any county shall present a petition, to the
9 County Board of such county asking that an annual tax may be
10 levied for the establishment and maintenance of a county
11 tuberculosis sanitarium in such county, such County Board
12 shall certify the proposition to the proper election
13 officials, who shall submit the proposition at an election in
14 accordance with the general election law. At such election
15 every elector may vote for or against the levy of a tax for
16 the establishment and maintenance of a county tuberculosis
17 sanitarium. The proposition shall be in substantially the
18 following form:
19 -------------------------------------------------------------
20 Shall an annual tax of not to
21 exceed .075 % of the value as YES
22 equalized or assessed by the
23 Department of Revenue for the -----------------------
24 establishment and maintenance of
25 a county tuberculosis sanitarium NO
26 be levied?
27 -------------------------------------------------------------
28 If a majority of all the votes cast upon the proposition
29 shall be for the levy of a tax for a county tuberculosis
30 sanitarium the County Board of such county shall thereafter
31 annually levy a tax of not to exceed .075 per cent of the
32 value, as equalized or assessed by the Department of Revenue,
33 which tax shall be collected in like manner with other
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1 general taxes in such county and shall be known as the
2 "Tuberculosis Sanitarium Fund", and thereafter the County
3 Board of such county shall in the annual appropriation bill,
4 appropriate from such fund such sum or sums of money as may
5 be deemed necessary to defray all necessary expenses and
6 liabilities of such county tuberculosis sanitarium.
7 If a county has adopted a proposition for the levy of a
8 tax of not to exceed one mill on the dollar for a county
9 tuberculosis sanitarium such tax shall after January 1, 1946
10 be extended at a rate not to exceed .05 per cent of the
11 value, as equalized or assessed by the Department of Revenue,
12 but may be increased to not to exceed .075 per cent of the
13 value, as equalized or assessed by the Department of Revenue,
14 by ordering the submission of the proposition to increase
15 such tax to the voters of such county at any regular election
16 in accordance with the general election law; provided that if
17 a county has adopted, prior to January 1, 1946, a proposition
18 for the levy of a tax of not to exceed 1 1/2 mills on the
19 dollar for a county tuberculosis sanitarium, such tax shall
20 after January 1, 1946 be extended at a rate not to exceed
21 .075 per cent of the value, as equalized or assessed by the
22 Department of Revenue.
23 The foregoing limitations upon tax rates, insofar as they
24 are applicable to counties of less than 1,000,000 population,
25 may be increased or decreased under the referendum provisions
26 of the General Revenue Law of Illinois.
27 The County boards of any 2 or more adjoining counties
28 each having a population of less than 1,000,000 inhabitants
29 may hereafter by agreement provide for the joint
30 construction, maintenance and control of a tuberculosis
31 sanitarium. Such agreement shall specify the site of the
32 proposed sanitarium and the proportionate share of the cost
33 of construction and the cost of maintenance which shall be
34 borne by each of such counties. The proposition for such
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1 joint construction, maintenance and control shall be
2 submitted to the voters of each such county at the next
3 succeeding regular election in such county and shall state
4 the proposed site of such sanitarium and the proportionate
5 share of the cost of construction and maintenance to be borne
6 by the respective counties concerned. Each county board shall
7 certify the proposition to the proper election officials who
8 shall submit the proposition at said election in accordance
9 with the general election law. If such proposition is
10 approved by a majority of the voters in each of such counties
11 voting upon the proposition, the presiding officer of the
12 county board of each county, with the advice and consent of
13 that county board, shall appoint 3 directors. The
14 qualifications, terms of office and removal of the directors
15 appointed in each such county shall be as provided in
16 Sections 5-23007 and 5-23008 and vacancies shall be filled in
17 the manner provided in Section 5-23009 5 hereof. The
18 directors so appointed by the several counties shall
19 constitute a joint board of directors for the control and
20 management of the tuberculosis sanitarium. The joint board
21 of directors shall exercise the powers and be subject to the
22 duties prescribed in this Division for boards of directors of
23 tuberculosis sanitaria. The county board of each of the
24 counties shall annually levy the tax herein provided, and may
25 issue bonds as provided in this paragraph, for the purpose of
26 defraying its proportionate share of the cost of construction
27 and maintenance of the tuberculosis sanitarium.
28 If any county shall issue bonds as hereinafter provided,
29 then so long as taxes are required to be levied and extended
30 to pay the principal of and interest on such bonds, the rate
31 extended in any year for the benefit of the tuberculosis
32 sanitarium fund shall be limited to the amount by which .075
33 per cent of the value, as equalized or assessed by the
34 Department of Revenue, exceeds the rate extended in such year
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1 to pay such principal of and interest on such bonds.
2 (Source: P.A. 86-962; revised 10-31-98.)
3 (55 ILCS 5/5-23014) (from Ch. 34, par. 5-23014)
4 Sec. 5-23014. Residence requirements. For the purposes
5 of this Division, a person is a resident of and entitled to
6 receive the benefits provided for in Section 5-23013 from the
7 county:
8 (a) in which he has resided for at least 3 months
9 or who has demonstrated the intent to become a resident
10 at the time he is first diagnosed as having tuberculosis,
11 or suspected of having tuberculosis, for the period from
12 the time of that diagnosis until his case becomes
13 inactive or he has resided outside of that county for 6
14 months, whichever first occurs;
15 (b) in which he has resided for at least 6 months
16 with a known case of tuberculosis after moving from the
17 county where the case was first diagnosed; or
18 (c) in which he has resided for at least 6 months
19 with a known, but inactive, case of tuberculosis which
20 subsequently is reactivated.
21 The board of directors may provide hospitalization to any
22 person afflicted with tuberculosis regardless of his
23 residence.
24 A person suffering from tuberculosis who does not meet
25 the residency requirements under paragraph (a), (b) or (c) of
26 this Section may be hospitalized in a tuberculosis sanitarium
27 maintained by the Department of Public Health.
28 The board of directors shall provide out-patient
29 diagnostic, treatment and observation services to all persons
30 residing in its county regardless of the length of time of
31 that residence.
32 (Source: P.A. 86-962; revised 10-31-98.)
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1 (55 ILCS 5/5-32014) (from Ch. 34, par. 5-32014)
2 Sec. 5-32014. Special assessment notice. The Committee
3 in addition to the notice in this Division provided for shall
4 publish a notice at least twice not more than 30 days nor
5 less than 15 days in advance of the time at which the
6 confirmation of the specified assessment is to be sought, in
7 one or more newspapers published in the county or if no
8 newspaper is published therein then in one or more newspapers
9 with a general circulation in the county. The notice shall
10 be over the name of the levying officer and shall be
11 substantially as follows:
12 "SPECIAL ASSESSMENT NOTICE
13 Notice is hereby given to all persons interested that the
14 County of .... has order that (herein insert a brief
15 description of the nature of the improvement), the ordinance
16 for the improvement being on file in the office of the County
17 Clerk, having applied to the Circuit Court of .... County,
18 for an assessment of the costs of the improvement according
19 to benefits an assessment therefor having been made and
20 returned to that Court, a final hearing thereon will be had
21 on (insert date), the .... day of ...., 19.., or as soon
22 thereafter as the business of the Court will permit.
23 All persons desiring may file objections in that Court
24 before that day and may appear on the hearing and make their
25 defense. (Here give date)
26 NAME
27 .... (LEVYING OFFICER).")
28 The number of installments and the rate of interest also
29 shall be stated.
30 (Source: P.A. 86-962; revised 10-20-98.)
31 (55 ILCS 5/5-32017) (from Ch. 34, par. 5-32017)
32 Sec. 5-32017. Inquiries; powers of court. Upon
33 objections or motions for that purpose, the court in which
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1 the specified proceeding proceedings is pending may inquire
2 in a summary way whether the officer making roll has omitted
3 any property benefited, and whether or not the assessment as
4 made and returned is an equitable and just distribution of
5 the cost of the improvement among the parcels of property
6 assessed. The court has the power upon such application
7 being made, to revise and correct the assessment levied or to
8 change the manner of distribution among the parcels of
9 private property, so as to produce a just and equitable
10 assessment. The court may either make such corrections or
11 change or determine in general the manner in which the
12 corrections or changes shall be made and refer the assessment
13 roll back to the levying officer for revisions, corrections
14 or alterations in such manner as the court may determine.
15 (Source: P.A. 86-962; revised 10-31-98.)
16 (55 ILCS 5/5-32030) (from Ch. 34, par. 5-32030)
17 Sec. 5-32030. Notice by collector. The collector, or
18 some person designated by him and under his direction,
19 receiving such a warrant shall give notice thereof within 10
20 days by publishing a notice once each week for 2 successive
21 weeks in one or more newspapers published in the county or if
22 no newspaper is published therein then in one or more
23 newspapers with a general circulation in the county. This
24 notice shall be in the form substantially as follows:
25 SPECIAL ASSESSMENT NOTICE
26 Special Warrant No.
27 NOTICE: Publication is hereby given that the (here insert
28 title of court) has rendered judgment for a special
29 assessment upon property benefited by the following
30 improvement: (here describe the character, and location of
31 the improvement in general terms) as will more fully appear
32 from the certified copy of the judgment on file in my office;
33 that the warrant for the collection of this assessment is in
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1 my possession. All persons interested are hereby notified to
2 call and pay the amount assessed at the collector's office
3 (here insert location of office) within 30 days from the date
4 hereof.
5 Dated (insert date). this .... day of ...., 19...
6 When such an assessment is levied to be paid in
7 installments, the notice shall contain also the amount of
8 each installment, the rate of interest deferred installments
9 bear and the date when payable.
10 The collector or some person designated by him and under
11 his direction, into whose possession the warrant comes shall
12 by written or printed notice, mailed to all persons whose
13 names appear on the assessment roll inform them of the
14 special assessment and request payment thereof.
15 Any collector omitting to do so is liable to a penalty of
16 $10 for any such omission, but the validity of the special
17 assessment or the right to apply for and obtain judgment
18 thereon is not affected by such an omission. It is the duty
19 of such collector to write the word "Paid" opposite each
20 tract or lot on which the assessment is paid, together with
21 the name and post office address of the person making the
22 payment and the date of the payment.
23 (Source: P.A. 86-962; revised 10-20-98.)
24 Section 74. The Township Code is amended by changing
25 Section 235-5 as follows:
26 (60 ILCS 1/235-5)
27 Sec. 235-5. Township taxes for various purposes. The
28 township board may raise money, by taxation not exceeding the
29 rates established in Section 235-10, for the following
30 purposes:
31 (1) Prosecuting or defending suits by or against
32 the township or in which the township is interested.
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1 (2) Maintaining cemeteries under the control,
2 management, and ownership of the township and
3 controlling, managing, and maintaining public cemeteries
4 not operated for profit, notwithstanding the provisions
5 of Section 1c of the Public Graveyards Act.
6 (3) Maintaining and operating a public nonsectarian
7 hospital under Article 175. This authorization does not
8 apply to any township that avails itself of the
9 provisions of Article 170.
10 (4) Maintaining and operating a township committee
11 on youth under Section 215-5.
12 (5) Providing mental health services under Section
13 190-10.
14 (6) Providing services in cooperation with another
15 governmental entity, not-for-profit corporation, or
16 nonprofit community service association under Section
17 85-13 165-5.
18 (7) Maintaining and operating a township committee
19 for senior citizens' services under Section 220-10.
20 (8) Maintaining and operating a township health
21 service that may provide, but is not required to provide
22 or limited to providing, examination, diagnosis, testing,
23 and inoculation and all necessary and appurtenant
24 personnel, equipment, and insurance.
25 (9) Any other purpose authorized by law.
26 (Source: P.A. 88-62; incorporates 88-360; 88-670, eff.
27 12-2-94; revised 10-30-98.)
28 Section 75. The Illinois Municipal Code is amended by
29 changing Sections 3.1-10-50, 7-1-26, 8-2-9.3, 9-2-53, 9-2-79,
30 9-2-94, 9-2-119, 9-3-33, 11-31-1, 11-74.4-5, 11-74.5-1,
31 11-76.1-4, 11-89-2, 11-90-4, 11-111-3, 11-121-7, and 11-129-7
32 and renumbering Division 11-74.5-1 as follows:
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1 (65 ILCS 5/3.1-10-50)
2 Sec. 3.1-10-50. Vacancies.
3 (a) A municipal officer may resign from office. A
4 vacancy occurs in an office by reason of resignation, failure
5 to elect or qualify (in which case the incumbent shall remain
6 in office until the vacancy is filled), death, permanent
7 physical or mental disability rendering the person incapable
8 of performing the duties of his or her office, conviction of
9 a disqualifying crime, abandonment of office, removal from
10 office, or removal of residence from the municipality or, in
11 the case of aldermen of a ward or trustees of a district,
12 removal of residence from the ward or district, as the case
13 may be. An admission of guilt of a criminal offense that
14 would, upon conviction, disqualify the municipal officer from
15 holding that office, in the form of a written agreement with
16 State or federal prosecutors to plead guilty to a felony,
17 bribery, perjury, or other infamous crime under State or
18 federal law, shall constitute a resignation from that office,
19 effective at the time the plea agreement is made. For
20 purposes of this Section, a conviction for an offense that
21 disqualifies the municipal officer from holding that office
22 shall occur on the date of the return of a guilty verdict or,
23 in the case of a trial by the court, the entry of a finding
24 of guilt.
25 (b) If a vacancy occurs in an elective municipal office
26 with a 4-year term and there remains an unexpired portion of
27 the term of at least 28 months, and the vacancy occurs at
28 least 130 days before the general municipal election next
29 scheduled under the general election law, the vacancy shall
30 be filled for the remainder of the term at that general
31 municipal election. Whenever an election is held for this
32 purpose, the municipal clerk shall certify the office to be
33 filled and the candidates for the office to the proper
34 election authorities as provided in the general election law.
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1 If the vacancy is in the office of mayor, the city council
2 shall elect one of their members acting mayor; if the vacancy
3 is in the office of president, the vacancy shall be filled by
4 the appointment by the trustees of an acting president from
5 the members of the board of trustees. In villages with a
6 population of less than 5,000, if each of the members of the
7 board of trustees either declines the appointment as acting
8 president or is not approved for the appointment by a
9 majority vote of the trustees presently holding office, then
10 the board of trustees may appoint as acting president any
11 other village resident who is qualified to hold municipal
12 office. The acting mayor or acting president shall perform
13 the duties and possess all the rights and powers of the mayor
14 or president until a successor to fill the vacancy has been
15 elected and has qualified. If the vacancy is in any other
16 elective municipal office, then until the office is filled by
17 election, the mayor or president shall appoint a qualified
18 person to the office subject to the advice and consent of the
19 city council or trustees.
20 (c) In a 2 year term, or if the vacancy occurs later
21 than the time provided in subsection (b) in a 4 year term, a
22 vacancy in the office of mayor shall be filled by the
23 corporate authorities electing one of their members acting
24 mayor; if the vacancy is in the office of president, the
25 vacancy shall be filled by the appointment by the trustees of
26 an acting president from the members of the board of
27 trustees. In villages with a population of less than 5,000,
28 if each of the members of the board of trustees either
29 declines the appointment as acting president or is not
30 approved for the appointment by a majority vote of the
31 trustees presently holding office, then the board of trustees
32 may appoint as acting president any other village resident
33 who is qualified to hold municipal office. The acting mayor
34 or acting president shall perform the duties and possess all
-439- LRB9101253EGfg
1 the rights and powers of the mayor or president until a mayor
2 or president is elected at the next general municipal
3 election and has qualified. A vacancy in any elective office
4 other than mayor or president shall be filled by appointment
5 by the mayor or president, with the advice and consent of the
6 corporate authorities.
7 (d) Municipal officers appointed or elected under this
8 Section shall hold office until their successors are elected
9 and have qualified.
10 (e) An appointment to fill a vacancy in the office of
11 alderman shall be made within 60 days after the vacancy
12 occurs. The requirement that an appointment be made within
13 60 days is an exclusive power and function of the State and
14 is a denial and limitation under Article VII, Section 6,
15 subsection (h) of the Illinois Constitution of the power of a
16 home rule municipality to require that an appointment be made
17 within a different period after the vacancy occurs.
18 (Source: P.A. 90-429, eff. 8-15-97; 90-707, eff. 8-7-98;
19 revised 9-16-98.)
20 (65 ILCS 5/7-1-26) (from Ch. 24, par. 7-1-26)
21 Sec. 7-1-26. Any territory containing 60 acres or less
22 lying along one or both sides of the boundary line between 2
23 adjoining municipalities, and contiguous to a third
24 municipality may be excluded from one or both of the
25 adjoining municipalities and annexed to the third contiguous
26 municipality, as follows:
27 The corporate authorities of the excluding municipalities
28 or municipality shall, by majority vote of the corporate
29 authorities then holding office, adopt an ordinance providing
30 for such exclusion, and the corporate authorities of the
31 annexing municipality shall adopt an ordinance providing for
32 the annexation of this territory. Upon the adoption of these
33 ordinances, the territory is thereby excluded from the
-440- LRB9101253EGfg
1 excluding municipalities and added to the annexing
2 municipality. The chief executive officer of each
3 municipality thereupon shall file for recordation an accurate
4 map of the excluded or added territory, as the case may be,
5 together with a certified copy of the ordinance for exclusion
6 or annexation with the recorder of the county in which the
7 excluded or added territory, as the case may be, is situated.
8 The ordinance shall be published in a newspaper of general
9 circulation in the excluding and annexing municipalities and
10 shall contain a notice of (1) the specific number of voters
11 required to sign a petition requesting the question of
12 disconnection and annexation to be submitted to the electors;
13 (2) the time in which such petition must be filed; and (3)
14 the date of the prospective referendum. The clerks of the
15 municipalities in which the territory is sought to be
16 disconnected or annexed shall provide a petition form to any
17 individual requesting one.
18 Whenever any disconnection and annexation shall be
19 effected as provided in this Section any taxpayer in such
20 area disconnected and annexed may, within 10 days after
21 adoption of the annexing ordinance, file with the clerk of
22 the circuit court in the county wherein the disconnected and
23 annexed area is located a petition signed by not less than
24 10% or 100, whichever is lesser, of the electors of the area
25 disconnected and annexed, requesting the submission to a
26 referendum of the following proposition: "Shall the territory
27 (here describe it) be disconnected from the municipality of
28 .... and annexed to the municipality of ....?"
29 The circuit court, if it finds the petition to be in
30 conformity with law, shall order that the proposition be
31 submitted at an election to be conducted in accordance with
32 the general election law. The clerk of the circuit court
33 shall certify the proposition to the proper election
34 authority for submission. If a majority of the voters voting
-441- LRB9101253EGfg
1 on the proposition vote in favor thereof, such disconnection
2 and annexation shall be valid and binding. If a majority of
3 the vote is against such proposition the disconnection
4 ordinance adopted by the disconnecting municipality and the
5 annexation ordinance adopted by the annexing municipality
6 shall be void.
7 (Source: P.A. 83-358; revised 10-31-98.)
8 (65 ILCS 5/8-2-9.3) (from Ch. 24, par. 8-2-9.3)
9 Sec. 8-2-9.3. The municipal budget officer shall compile
10 a budget, such budget to contain estimates of revenues
11 available to the municipality for the fiscal year for which
12 the budget is drafted, together with recommended expenditures
13 for the municipality and all of the municipality's
14 departments, commissions, and boards. Revenue estimates and
15 expenditure recommendations shall be presented in a manner
16 which is in conformity with good fiscal management practices.
17 Substantial conformity to a chart of accounts, now or in the
18 future, recommended by the National Committee on Governmental
19 Accounting, (or) the Auditor of Public Accounts of the State
20 of Illinois, or the Division of Local Governmental Affairs
21 and Property Taxes of the Department of Revenue of the State
22 of Illinois or successor agencies shall be deemed proof of
23 such conformity. The budget shall contain actual or estimated
24 revenues and expenditures for the two years immediately
25 preceding the fiscal year for which the budget is prepared.
26 So far as is possible, the fiscal data for such two preceding
27 fiscal years shall be itemized in a manner which is in
28 conformity with the chart of accounts approved above. Each
29 budget shall show the specific fund from which each
30 anticipated expenditure shall be made.
31 (Source: P.A. 76-1117; revised 10-31-98.)
32 (65 ILCS 5/9-2-53) (from Ch. 24, par. 9-2-53)
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1 Sec. 9-2-53. Petitioner, in addition to other notices
2 hereinbefore provided for, shall publish a notice at least
3 twice, not more than 30 nor less than 15 days in advance of
4 the time at which confirmation of the specified assessment is
5 to be sought, in one or more newspapers published in the
6 municipality or, if no newspaper is published therein, then
7 in one or more newspapers with a general circulation within
8 the municipality. In municipalities with less than 500
9 population in which no newspaper is published, publication
10 may be made by posting a notice in 3 prominent places within
11 the municipality. The notice shall be over the name of the
12 officer levying the assessment, and shall be substantially as
13 follows:
14 "SPECIAL ASSESSMENT NOTICE"
15 "Notice is hereby given to all persons interested that
16 the city council (or board of trustees, or other corporate
17 authority, as the case may be) of .... having ordered that
18 (here insert a brief description of the nature of the
19 improvement), the ordinance for the improvement being on file
20 in the office of the .... clerk, having applied to the ....
21 court of .... county for an assessment of the costs of the
22 improvement, according to benefits, and an assessment
23 therefor having been made and returned to that court, the
24 final hearing thereon will be had on (insert date), the ....
25 day of ...., 19.., or as soon thereafter as the business of
26 the court will permit. All persons desiring may file
27 objections in that court before that day and may appear on
28 the hearing and make their defense."
29 (Here give date.)
30 .....
31 Where the assessment is payable in installments, the
32 number of installments and the rate of interest also shall be
33 stated.
34 (Source: Laws 1961, p. 576; revised 10-20-98.)
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1 (65 ILCS 5/9-2-79) (from Ch. 24, par. 9-2-79)
2 Sec. 9-2-79. The collector receiving such a warrant
3 shall give notice thereof within 10 days by publishing a
4 notice once each week for 2 successive weeks in one or more
5 newspapers published in the municipality, or, if no newspaper
6 is published therein, then in one or more newspapers with a
7 general circulation within the municipality. In
8 municipalities with less than 500 population in which no
9 newspaper is published, publication may instead be made by
10 posting a notice in 3 prominent places within the
11 municipality. This notice may be substantially in the
12 following form:
13 "SPECIAL ASSESSMENT NOTICE
14 Special Warrant, No. ....
15 Notice: Publication is hereby given that the (here insert
16 title of court) has rendered judgment for a special
17 assessment (or special tax) upon property benefited by the
18 following improvement: (here describe the character and
19 location of the improvement in general terms) as will more
20 fully appear from the certified copy of the judgment on file
21 in my office; that the warrant for the collection of this
22 assessment (or special tax) is in my possession. All persons
23 interested are hereby notified to call and pay the amount
24 assessed at the collector's office (here insert location of
25 office) within 30 days from the date hereof.
26 Dated (insert date). this .... day of .... 19...
27 .... (Collector)."
28 When such an assessment or special tax is levied to be
29 paid in installments, the notice shall contain also the
30 amount of each installment, the rate of interest deferred
31 installments bear, and the date when payable.
32 (Source: Laws 1961, p. 576; revised 10-20-98.)
33 (65 ILCS 5/9-2-94) (from Ch. 24, par. 9-2-94)
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1 Sec. 9-2-94. In counties having a population of 500,000
2 or more, the city comptroller or other officer designated and
3 authorized by the corporate authorities of any municipality
4 which levies any special assessment has the power to collect
5 the amounts due on tracts or lots which have been forfeited
6 or withdrawn from sale, and the interest and penalties due
7 thereon, based upon an estimate of the cost of redemption
8 computed by the county clerk and at a rate to be fixed by the
9 corporate authorities as to the interest and penalties
10 thereon, and he shall issue a receipt therefor. However, the
11 corporate authorities may authorize the municipal officer to
12 waive the penalties for the first year in excess of 7%. The
13 person receiving this receipt shall file it with the county
14 clerk.
15 Upon the presentation of such a receipt, the county clerk
16 shall issue to the person a certificate of cancellation
17 setting forth a description of the property, the special
18 assessment warrant, and installment, and the amount received
19 by the municipal officer, and this certificate of
20 cancellation shall be evidence of the redemption of the
21 property therein described. The form of such a certificate of
22 redemption for filing with the county clerk shall be
23 substantially as follows: Receipt of Deposit for Redemption.
24 Volume .... Page ....
25 State of Illinois Office of (give title of
26 County of Cook municipal office)
27 I, (here give name, title of municipal officer), of the
28 (give name of city, village, or incorporated town), do hereby
29 certify that on (insert date), the .... day of .... 19..,
30 .... deposited in this office .... Dollars for the redemption
31 of .... (describe property) .... which .... withdrawn or
32 forfeited by the collector of this county on (insert date)
33 the .... day of .... 19.. for the nonpayment of ....
34 installment of special assessment warrant.
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1 You are hereby authorized and ordered to cancel from the
2 records and files in your office that withdrawal or
3 forfeiture, and issue your certificate of redemption and
4 cancellation.
5 (insert date). .... day of .... 19..
6 (insert name of city, village, or incorporated town).
7 By .... (proper officer).
8 (Source: P.A. 82-1013; revised 10-20-98.)
9 (65 ILCS 5/9-2-119) (from Ch. 24, par. 9-2-119)
10 Sec. 9-2-119. For the purpose of anticipating the
11 collection of the second and succeeding installments,
12 provided for in this Division 2, a municipality may issue
13 bonds, payable out of these installments, bearing interest at
14 a rate specified in the ordinance referred to in Section
15 2-9-10 of the Illinois Municipal Code and not more than the
16 rate the installments of the assessment against which the
17 bonds are issued bear, payable annually and signed by such
18 officers as may be by ordinance prescribed. Bonds shall be
19 issued in sums of $100, or some multiple thereof, and shall
20 be dated and draw interest from the date of their issuance.
21 Each bond shall state on its face out of which installment it
22 is payable, and shall state, by number or other designation,
23 the assessment to which that installment belongs. The
24 principal of these bonds shall not exceed, in the aggregate,
25 the amount of the deferred installments, and shall be divided
26 into as many series as there are deferred installments.
27 However, if there is a surplus to the credit of any such
28 installment which is not required for the payment of any
29 vouchers or bonds issued against that installment, that
30 surplus shall be applied toward the payment of any
31 outstanding vouchers or bonds already issued or to be issued,
32 as the case may be, against any other installment or
33 installments.
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1 Each series shall become due at some time in the year in
2 which the corresponding installment will mature, the date to
3 conform, as nearly as may be, to the time when that
4 installment will be actually collected. This time shall be
5 estimated and determined by the municipal officers issuing
6 the bonds. But it is lawful to provide in the case of any one
7 or more of the bonds in any series, that that bond or bonds
8 shall not become due until some subsequent date, not later
9 than December 31 next succeeding the January in which the
10 installment against which that series is issued will mature.
11 The bonds may be in the following form:
12 State of Illinois)
13 ) ss
14 County of .......)
15 $............................ Series No. ...................
16 Bond No. .....................
17 ............................. of ...........................
18 Improvement Bond
19 The .... of .... in .... County, Illinois, for value
20 received, promises to pay to the bearer on (insert date) the
21 .... day of .... A.D. ...., the sum of .... dollars, with
22 interest thereon from date hereof, at the rate of ....%,
23 payable annually on presentation of the coupons hereto
24 annexed.
25 Both principal and interest of this bond are payable at
26 the office of the treasurer of said .... of .....
27 This bond is issued to anticipate the collection of a
28 part of the .... installment of special assessment No. ....
29 levied for the purpose of .... which installment bears
30 interest from (insert date), the .... day of .... 19.. and
31 this bond and the interest thereon are payable solely out of
32 the installment when collected.
33 Dated (insert date). this .... day of ...., 19...
34 The bond may have coupons attached to represent the
-447- LRB9101253EGfg
1 interest to accrue thereon.
2 In lieu of the bonds described in this Section, a
3 municipality may issue bonds of the type described in Section
4 9-2-127, but all bonds issued under any one special
5 assessment proceeding must be of the same type.
6 This amendatory Act of 1971 is not a limit upon any
7 municipality which is a home rule unit.
8 (Source: P.A. 82-642; revised 10-20-98.)
9 (65 ILCS 5/9-3-33) (from Ch. 24, par. 9-3-33)
10 Sec. 9-3-33. If upon final settlement with the contractor
11 for the construction of any improvement and after paying all
12 costs of levying, collecting and making the assessment, which
13 amount shall not under any circumstances exceed 12% of the
14 estimated contract price, and all bonds and interest thereon
15 issued, as in this Division 3 provided, except those bonds
16 and interest coupons not presented for payment, although
17 called and for which funds are available and reserved, within
18 the period of time specified in Section 9-1-5, there shall be
19 any surpluses remaining in the special assessment fund, the
20 corporate authorities of such municipality shall at once
21 cause a rebate to be declared upon each lot, tract or parcel
22 of real estate assessed of its pro rata proportion of such
23 surplus. Such rebate shall be paid to the owner of record of
24 each such lot, block, tract or parcel at the time of the
25 declaration of the rebate. Should any additional funds be
26 collected after the original rebate is declared, the
27 municipality shall not be required to declare a supplemental
28 rebate for 5 years from the date the original rebate is
29 declared. The municipality may deduct for its costs and
30 expenses for declaring and making any rebate not more than 5%
31 of the amount declared to be rebated. All surpluses shall
32 remain in the special assessment fund until after full
33 payment of all bonds and vouchers issued in anticipation of
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1 the collection of the assessment, and there shall be no
2 rebate until all such bonds and vouchers have been paid in
3 full, both as to principal principle and interest, except
4 those bonds and interest coupons not presented for payment,
5 although called and for which funds are available and
6 reserved, within the period of time specified in Section
7 9-1-5. The corporate authorities shall cause to be kept and
8 exhibited publicly in the office of the clerk of such
9 municipality, an index of all special assessment accounts or
10 warrants upon which a rebate is due and payable and upon
11 proper proofs the same shall be repaid to the persons
12 entitled thereto.
13 (Source: Laws 1963, p. 2431; revised 10-31-98.)
14 (65 ILCS 5/11-31-1) (from Ch. 24, par. 11-31-1)
15 Sec. 11-31-1. Demolition, repair, enclosure, or
16 remediation.
17 (a) The corporate authorities of each municipality may
18 demolish, repair, or enclose or cause the demolition, repair,
19 or enclosure of dangerous and unsafe buildings or uncompleted
20 and abandoned buildings within the territory of the
21 municipality and may remove or cause the removal of garbage,
22 debris, and other hazardous, noxious, or unhealthy substances
23 or materials from those buildings. In any county having
24 adopted by referendum or otherwise a county health department
25 as provided by Division 5-25 of the Counties Code or its
26 predecessor, the county board of that county may exercise
27 those powers with regard to dangerous and unsafe buildings or
28 uncompleted and abandoned buildings within the territory of
29 any city, village, or incorporated town having less than
30 50,000 population.
31 The corporate authorities shall apply to the circuit
32 court of the county in which the building is located (i) for
33 an order authorizing action to be taken with respect to a
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1 building if the owner or owners of the building, including
2 the lien holders of record, after at least 15 days' written
3 notice by mail so to do, have failed to put the building in a
4 safe condition or to demolish it or (ii) for an order
5 requiring the owner or owners of record to demolish, repair,
6 or enclose the building or to remove garbage, debris, and
7 other hazardous, noxious, or unhealthy substances or
8 materials from the building. It is not a defense to the
9 cause of action that the building is boarded up or otherwise
10 enclosed, although the court may order the defendant to have
11 the building boarded up or otherwise enclosed. Where, upon
12 diligent search, the identity or whereabouts of the owner or
13 owners of the building, including the lien holders of record,
14 is not ascertainable, notice mailed to the person or persons
15 in whose name the real estate was last assessed is sufficient
16 notice under this Section.
17 The hearing upon the application to the circuit court
18 shall be expedited by the court and shall be given precedence
19 over all other suits. Any person entitled to bring an action
20 under subsection (b) shall have the right to intervene in an
21 action brought under this Section.
22 The cost of the demolition, repair, enclosure, or removal
23 incurred by the municipality, by an intervenor, or by a lien
24 holder of record, including court costs, attorney's fees, and
25 other costs related to the enforcement of this Section, is
26 recoverable from the owner or owners of the real estate or
27 the previous owner or both if the property was transferred
28 during the 15 day notice period and is a lien on the real
29 estate; the lien is superior to all prior existing liens and
30 encumbrances, except taxes, if, within 180 days after the
31 repair, demolition, enclosure, or removal, the municipality,
32 the lien holder of record, or the intervenor who incurred the
33 cost and expense shall file a notice of lien for the cost and
34 expense incurred in the office of the recorder in the county
-450- LRB9101253EGfg
1 in which the real estate is located or in the office of the
2 registrar of titles of the county if the real estate affected
3 is registered under the Registered Titles (Torrens) Act.
4 The notice must consist of a sworn statement setting out
5 (1) a description of the real estate sufficient for its
6 identification, (2) the amount of money representing the cost
7 and expense incurred, and (3) the date or dates when the cost
8 and expense was incurred by the municipality, the lien holder
9 of record, or the intervenor. Upon payment of the cost and
10 expense by the owner of or persons interested in the property
11 after the notice of lien has been filed, the lien shall be
12 released by the municipality, the person in whose name the
13 lien has been filed, or the assignee of the lien, and the
14 release may be filed of record as in the case of filing
15 notice of lien. Unless the lien is enforced under subsection
16 (c), the lien may be enforced by foreclosure proceedings as
17 in the case of mortgage foreclosures under Article XV of the
18 Code of Civil Procedure or mechanics' lien foreclosures. An
19 action to foreclose this lien may be commenced at any time
20 after the date of filing of the notice of lien. The costs of
21 foreclosure incurred by the municipality, including court
22 costs, reasonable attorney's fees, advances to preserve the
23 property, and other costs related to the enforcement of this
24 subsection, plus statutory interest, are a lien on the real
25 estate and are recoverable by the municipality from the owner
26 or owners of the real estate.
27 All liens arising under this subsection (a) shall be
28 assignable. The assignee of the lien shall have the same
29 power to enforce the lien as the assigning party, except that
30 the lien may not be enforced under subsection (c).
31 If the appropriate official of any municipality
32 determines that any dangerous and unsafe building or
33 uncompleted and abandoned building within its territory
34 fulfills the requirements for an action by the municipality
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1 under the Abandoned Housing Rehabilitation Act, the
2 municipality may petition under that Act in a proceeding
3 brought under this subsection.
4 (b) Any owner or tenant of real property within 1200
5 feet in any direction of any dangerous or unsafe building
6 located within the territory of a municipality with a
7 population of 500,000 or more may file with the appropriate
8 municipal authority a request that the municipality apply to
9 the circuit court of the county in which the building is
10 located for an order permitting the demolition, removal of
11 garbage, debris, and other noxious or unhealthy substances
12 and materials from, or repair or enclosure of the building in
13 the manner prescribed in subsection (a) of this Section. If
14 the municipality fails to institute an action in circuit
15 court within 90 days after the filing of the request, the
16 owner or tenant of real property within 1200 feet in any
17 direction of the building may institute an action in circuit
18 court seeking an order compelling the owner or owners of
19 record to demolish, remove garbage, debris, and other noxious
20 or unhealthy substances and materials from, repair or enclose
21 or to cause to be demolished, have garbage, debris, and other
22 noxious or unhealthy substances and materials removed from,
23 repaired, or enclosed the building in question. A private
24 owner or tenant who institutes an action under the preceding
25 sentence shall not be required to pay any fee to the clerk of
26 the circuit court. The cost of repair, removal, demolition,
27 or enclosure shall be borne by the owner or owners of record
28 of the building. In the event the owner or owners of record
29 fail to demolish, remove garbage, debris, and other noxious
30 or unhealthy substances and materials from, repair, or
31 enclose the building within 90 days of the date the court
32 entered its order, the owner or tenant who instituted the
33 action may request that the court join the municipality as a
34 party to the action. The court may order the municipality to
-452- LRB9101253EGfg
1 demolish, remove materials from, repair, or enclose the
2 building, or cause that action to be taken upon the request
3 of any owner or tenant who instituted the action or upon the
4 municipality's request. The municipality may file, and the
5 court may approve, a plan for rehabilitating the building in
6 question. A court order authorizing the municipality to
7 demolish, remove materials from, repair, or enclose a
8 building, or cause that action to be taken, shall not
9 preclude the court from adjudging the owner or owners of
10 record of the building in contempt of court due to the
11 failure to comply with the order to demolish, remove garbage,
12 debris, and other noxious or unhealthy substances and
13 materials from, repair, or enclose the building.
14 If a municipality or a person or persons other than the
15 owner or owners of record pay the cost of demolition, removal
16 of garbage, debris, and other noxious or unhealthy substances
17 and materials, repair, or enclosure pursuant to a court
18 order, the cost, including court costs, attorney's fees, and
19 other costs related to the enforcement of this subsection, is
20 recoverable from the owner or owners of the real estate and
21 is a lien on the real estate; the lien is superior to all
22 prior existing liens and encumbrances, except taxes, if,
23 within 180 days after the repair, removal, demolition, or
24 enclosure, the municipality or the person or persons who paid
25 the costs of demolition, removal, repair, or enclosure shall
26 file a notice of lien of the cost and expense incurred in the
27 office of the recorder in the county in which the real estate
28 is located or in the office of the registrar of the county if
29 the real estate affected is registered under the Registered
30 Titles (Torrens) Act. The notice shall be in a form as is
31 provided in subsection (a). An owner or tenant who
32 institutes an action in circuit court seeking an order to
33 compel the owner or owners of record to demolish, remove
34 materials from, repair, or enclose any dangerous or unsafe
-453- LRB9101253EGfg
1 building, or to cause that action to be taken under this
2 subsection may recover court costs and reasonable attorney's
3 fees for instituting the action from the owner or owners of
4 record of the building. Upon payment of the costs and
5 expenses by the owner of or a person interested in the
6 property after the notice of lien has been filed, the lien
7 shall be released by the municipality or the person in whose
8 name the lien has been filed or his or her assignee, and the
9 release may be filed of record as in the case of filing a
10 notice of lien. Unless the lien is enforced under subsection
11 (c), the lien may be enforced by foreclosure proceedings as
12 in the case of mortgage foreclosures under Article XV of the
13 Code of Civil Procedure or mechanics' lien foreclosures. An
14 action to foreclose this lien may be commenced at any time
15 after the date of filing of the notice of lien. The costs of
16 foreclosure incurred by the municipality, including court
17 costs, reasonable attorneys' fees, advances to preserve the
18 property, and other costs related to the enforcement of this
19 subsection, plus statutory interest, are a lien on the real
20 estate and are recoverable by the municipality from the owner
21 or owners of the real estate.
22 All liens arising under the terms of this subsection (b)
23 shall be assignable. The assignee of the lien shall have the
24 same power to enforce the lien as the assigning party, except
25 that the lien may not be enforced under subsection (c).
26 (c) In any case where a municipality has obtained a lien
27 under subsection (a), (b), or (f), the municipality may
28 enforce the lien under this subsection (c) in the same
29 proceeding in which the lien is authorized.
30 A municipality desiring to enforce a lien under this
31 subsection (c) shall petition the court to retain
32 jurisdiction for foreclosure proceedings under this
33 subsection. Notice of the petition shall be served, by
34 certified or registered mail, on all persons who were served
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1 notice under subsection (a), (b), or (f). The court shall
2 conduct a hearing on the petition not less than 15 days after
3 the notice is served. If the court determines that the
4 requirements of this subsection (c) have been satisfied, it
5 shall grant the petition and retain jurisdiction over the
6 matter until the foreclosure proceeding is completed. The
7 costs of foreclosure incurred by the municipality, including
8 court costs, reasonable attorneys' fees, advances to preserve
9 the property, and other costs related to the enforcement of
10 this subsection, plus statutory interest, are a lien on the
11 real estate and are recoverable by the municipality from the
12 owner or owners of the real estate. If the court denies the
13 petition, the municipality may enforce the lien in a separate
14 action as provided in subsection (a), (b), or (f).
15 All persons designated in Section 15-1501 of the Code of
16 Civil Procedure as necessary parties in a mortgage
17 foreclosure action shall be joined as parties before issuance
18 of an order of foreclosure. Persons designated in Section
19 15-1501 of the Code of Civil Procedure as permissible parties
20 may also be joined as parties in the action.
21 The provisions of Article XV of the Code of Civil
22 Procedure applicable to mortgage foreclosures shall apply to
23 the foreclosure of a lien under this subsection (c), except
24 to the extent that those provisions are inconsistent with
25 this subsection. For purposes of foreclosures of liens
26 under this subsection, however, the redemption period
27 described in subsection (b) of Section 15-1603 of the Code of
28 Civil Procedure shall end 60 days after the date of entry of
29 the order of foreclosure.
30 (d) In addition to any other remedy provided by law, the
31 corporate authorities of any municipality may petition the
32 circuit court to have property declared abandoned under this
33 subsection (d) if:
34 (1) the property has been tax delinquent for 2 or
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1 more years or bills for water service for the property
2 have been outstanding for 2 or more years;
3 (2) the property is unoccupied by persons legally
4 in possession; and
5 (3) the property contains a dangerous or unsafe
6 building.
7 All persons having an interest of record in the property,
8 including tax purchasers and beneficial owners of any
9 Illinois land trust having title to the property, shall be
10 named as defendants in the petition and shall be served with
11 process. In addition, service shall be had under Section
12 2-206 of the Code of Civil Procedure as in other cases
13 affecting property.
14 The municipality, however, may proceed under this
15 subsection in a proceeding brought under subsection (a) or
16 (b). Notice of the petition shall be served by certified or
17 registered mail on all persons who were served notice under
18 subsection (a) or (b).
19 If the municipality proves that the conditions described
20 in this subsection exist and the owner of record of the
21 property does not enter an appearance in the action, or, if
22 title to the property is held by an Illinois land trust, if
23 neither the owner of record nor the owner of the beneficial
24 interest of the trust enters an appearance, the court shall
25 declare the property abandoned.
26 If that determination is made, notice shall be sent by
27 certified or registered mail to all persons having an
28 interest of record in the property, including tax purchasers
29 and beneficial owners of any Illinois land trust having title
30 to the property, stating that title to the property will be
31 transferred to the municipality unless, within 30 days of the
32 notice, the owner of record enters an appearance in the
33 action, or unless any other person having an interest in the
34 property files with the court a request to demolish the
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1 dangerous or unsafe building or to put the building in safe
2 condition.
3 If the owner of record enters an appearance in the action
4 within the 30 day period, the court shall vacate its order
5 declaring the property abandoned. In that case, the
6 municipality may amend its complaint in order to initiate
7 proceedings under subsection (a).
8 If a request to demolish or repair the building is filed
9 within the 30 day period, the court shall grant permission to
10 the requesting party to demolish the building within 30 days
11 or to restore the building to safe condition within 60 days
12 after the request is granted. An extension of that period
13 for up to 60 additional days may be given for good cause. If
14 more than one person with an interest in the property files a
15 timely request, preference shall be given to the person with
16 the lien or other interest of the highest priority.
17 If the requesting party proves to the court that the
18 building has been demolished or put in a safe condition
19 within the period of time granted by the court, the court
20 shall issue a quitclaim judicial deed for the property to the
21 requesting party, conveying only the interest of the owner of
22 record, upon proof of payment to the municipality of all
23 costs incurred by the municipality in connection with the
24 action, including but not limited to court costs, attorney's
25 fees, administrative costs, the costs, if any, associated
26 with building enclosure or removal, and receiver's
27 certificates. The interest in the property so conveyed shall
28 be subject to all liens and encumbrances on the property. In
29 addition, if the interest is conveyed to a person holding a
30 certificate of purchase for the property under the Property
31 Tax Code, the conveyance shall be subject to the rights of
32 redemption of all persons entitled to redeem under that Act,
33 including the original owner of record.
34 If no person with an interest in the property files a
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1 timely request or if the requesting party fails to demolish
2 the building or put the building in safe condition within the
3 time specified by the court, the municipality may petition
4 the court to issue a judicial deed for the property to the
5 municipality. A conveyance by judicial deed shall operate to
6 extinguish all existing ownership interests in, liens on, and
7 other interest in the property, including tax liens.
8 (e) Each municipality may use the provisions of this
9 subsection to expedite the removal of certain buildings that
10 are a continuing hazard to the community in which they are
11 located.
12 If a residential or commercial building is 3 stories or
13 less in height as defined by the municipality's building
14 code, and the corporate official designated to be in charge
15 of enforcing the municipality's building code determines that
16 the building is open and vacant and an immediate and
17 continuing hazard to the community in which the building is
18 located, then the official shall be authorized to post a
19 notice not less than 2 feet by 2 feet in size on the front of
20 the building. The notice shall be dated as of the date of
21 the posting and shall state that unless the building is
22 demolished, repaired, or enclosed, and unless any garbage,
23 debris, and other hazardous, noxious, or unhealthy substances
24 or materials are removed so that an immediate and continuing
25 hazard to the community no longer exists, then the building
26 may be demolished, repaired, or enclosed, or any garbage,
27 debris, and other hazardous, noxious, or unhealthy substances
28 or materials may be removed, by the municipality.
29 Not later than 30 days following the posting of the
30 notice, the municipality shall do both of the following:
31 (1) Cause to be sent, by certified mail, return
32 receipt requested, a notice to all owners of record of
33 the property, the beneficial owners of any Illinois land
34 trust having title to the property, and all lienholders
-458- LRB9101253EGfg
1 of record in the property, stating the intent of the
2 municipality to demolish, repair, or enclose the building
3 or remove any garbage, debris, or other hazardous,
4 noxious, or unhealthy substances or materials if that
5 action is not taken by the owner or owners.
6 (2) Cause to be published, in a newspaper published
7 or circulated in the municipality where the building is
8 located, a notice setting forth (i) the permanent tax
9 index number and the address of the building, (ii) a
10 statement that the property is open and vacant and
11 constitutes an immediate and continuing hazard to the
12 community, and (iii) a statement that the municipality
13 intends to demolish, repair, or enclose the building or
14 remove any garbage, debris, or other hazardous, noxious,
15 or unhealthy substances or materials if the owner or
16 owners or lienholders of record fail to do so. This
17 notice shall be published for 3 consecutive days.
18 A person objecting to the proposed actions of the
19 corporate authorities may file his or her objection in an
20 appropriate form in a court of competent jurisdiction.
21 If the building is not demolished, repaired, or enclosed,
22 or the garbage, debris, or other hazardous, noxious, or
23 unhealthy substances or materials are not removed, within 30
24 days of mailing the notice to the owners of record, the
25 beneficial owners of any Illinois land trust having title to
26 the property, and all lienholders of record in the property,
27 or within 30 days of the last day of publication of the
28 notice, whichever is later, the corporate authorities shall
29 have the power to demolish, repair, or enclose the building
30 or to remove any garbage, debris, or other hazardous,
31 noxious, or unhealthy substances or materials.
32 The municipality may proceed to demolish, repair, or
33 enclose a building or remove any garbage, debris, or other
34 hazardous, noxious, or unhealthy substances or materials
-459- LRB9101253EGfg
1 under this subsection within a 120-day period following the
2 date of the mailing of the notice if the appropriate official
3 determines that the demolition, repair, enclosure, or removal
4 of any garbage, debris, or other hazardous, noxious, or
5 unhealthy substances or materials is necessary to remedy the
6 immediate and continuing hazard. If, however, before the
7 municipality proceeds with any of the actions authorized by
8 this subsection, any person has sought a hearing under this
9 subsection before a court and has served a copy of the
10 complaint on the chief executive officer of the municipality,
11 then the municipality shall not proceed with the demolition,
12 repair, enclosure, or removal of garbage, debris, or other
13 substances until the court determines that that action is
14 necessary to remedy the hazard and issues an order
15 authorizing the municipality to do so.
16 Following the demolition, repair, or enclosure of a
17 building, or the removal of garbage, debris, or other
18 hazardous, noxious, or unhealthy substances or materials
19 under this subsection, the municipality may file a notice of
20 lien against the real estate for the cost of the demolition,
21 repair, enclosure, or removal within 180 days after the
22 repair, demolition, enclosure, or removal occurred, for the
23 cost and expense incurred, in the office of the recorder in
24 the county in which the real estate is located or in the
25 office of the registrar of titles of the county if the real
26 estate affected is registered under the Registered Titles
27 (Torrens) Act. The notice of lien shall consist of a sworn
28 statement setting forth (i) a description of the real estate,
29 such as the address or other description of the property,
30 sufficient for its identification; (ii) the expenses incurred
31 by the municipality in undertaking the remedial actions
32 authorized under this subsection; (iii) the date or dates the
33 expenses were incurred by the municipality; (iv) a statement
34 by the corporate official responsible for enforcing the
-460- LRB9101253EGfg
1 building code that the building was open and vacant and
2 constituted an immediate and continuing hazard to the
3 community; (v) a statement by the corporate official that the
4 required sign was posted on the building, that notice was
5 sent by certified mail to the owners of record, and that
6 notice was published in accordance with this subsection; and
7 (vi) a statement as to when and where the notice was
8 published. The lien authorized by this subsection may
9 thereafter be released or enforced by the municipality as
10 provided in subsection (a).
11 (f) The corporate authorities of each municipality may
12 remove or cause the removal of, or otherwise environmentally
13 remediate hazardous substances on, in, or under any abandoned
14 and unsafe property within the territory of a municipality.
15 In addition, where preliminary evidence indicates the
16 presence or likely presence of a hazardous substance or a
17 release or a substantial threat of a release of a hazardous
18 substance on, in, or under the property, the corporate
19 authorities of the municipality may inspect the property and
20 test for the presence or release of hazardous substances. In
21 any county having adopted by referendum or otherwise a county
22 health department as provided by Division 5-25 of the
23 Counties Code or its predecessor, the county board of that
24 county may exercise the above-described powers with regard to
25 property within the territory of any city, village, or
26 incorporated town having less than 50,000 population.
27 For purposes of this subsection (f):
28 (1) "property" or "real estate" means all real
29 property, whether or not improved by a structure;
30 (2) "abandoned" means;
31 (A) the property has been tax delinquent for 2
32 or more years;
33 (B) the property is unoccupied by persons
34 legally in possession; and
-461- LRB9101253EGfg
1 (3) "unsafe" means property that presents an actual
2 or imminent threat to public health and safety caused by
3 the release of hazardous substances; and
4 (4) "hazardous substances" means the same as in
5 Section 3.14 of the Environmental Protection Act.
6 The corporate authorities shall apply to the circuit
7 court of the county in which the property is located (i) for
8 an order allowing the municipality to enter the property and
9 inspect and test substances on, in, or under the property; or
10 (ii) for an order authorizing the corporate authorities to
11 take action with respect to remediation of the property if
12 conditions on the property, based on the inspection and
13 testing authorized in paragraph (i), indicate the presence of
14 hazardous substances. Remediation shall be deemed complete
15 for purposes of paragraph (ii) above when the property
16 satisfies Tier I, II, or III remediation objectives for the
17 property's most recent usage, as established by the
18 Environmental Protection Act, and the rules and regulations
19 promulgated thereunder. Where, upon diligent search, the
20 identity or whereabouts of the owner or owners of the
21 property, including the lien holders of record, is not
22 ascertainable, notice mailed to the person or persons in
23 whose name the real estate was last assessed is sufficient
24 notice under this Section.
25 The court shall grant an order authorizing testing under
26 paragraph (i) above upon a showing of preliminary evidence
27 indicating the presence or likely presence of a hazardous
28 substance or a release of or a substantial threat of a
29 release of a hazardous substance on, in, or under abandoned
30 property. The preliminary evidence may include, but is not
31 limited to, evidence of prior use, visual site inspection, or
32 records of prior environmental investigations. The testing
33 authorized by paragraph (i) above shall include any type of
34 investigation which is necessary for an environmental
-462- LRB9101253EGfg
1 professional to determine the environmental condition of the
2 property, including but not limited to performance of soil
3 borings and groundwater monitoring. The court shall grant a
4 remediation order under paragraph (ii) above where testing of
5 the property indicates that it fails to meet the applicable
6 remediation objectives. The hearing upon the application to
7 the circuit court shall be expedited by the court and shall
8 be given precedence over all other suits.
9 The cost of the inspection, testing, or remediation
10 incurred by the municipality or by a lien holder of record,
11 including court costs, attorney's fees, and other costs
12 related to the enforcement of this Section, is a lien on the
13 real estate; except that in any instances where a
14 municipality incurs costs of inspection and testing but finds
15 no hazardous substances on the property that present an
16 actual or imminent threat to public health and safety, such
17 costs are not recoverable from the owners nor are such costs
18 a lien on the real estate. The lien is superior to all prior
19 existing liens and encumbrances, except taxes and any lien
20 obtained under subsection (a) or (e), if, within 180 days
21 after the completion of the inspection, testing, or
22 remediation, the municipality or the lien holder of record
23 who incurred the cost and expense shall file a notice of lien
24 for the cost and expense incurred in the office of the
25 recorder in the county in which the real estate is located or
26 in the office of the registrar of titles of the county if the
27 real estate affected is registered under the Registered
28 Titles (Torrens) Act.
29 The notice must consist of a sworn statement setting out
30 (i) a description of the real estate sufficient for its
31 identification, (ii) the amount of money representing the
32 cost and expense incurred, and (iii) the date or dates when
33 the cost and expense was incurred by the municipality or the
34 lien holder of record. Upon payment of the lien amount by
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1 the owner of or persons interested in the property after the
2 notice of lien has been filed, a release of lien shall be
3 issued by the municipality, the person in whose name the lien
4 has been filed, or the assignee of the lien, and the release
5 may be filed of record as in the case of filing notice of
6 lien.
7 The lien may be enforced under subsection (c) or by
8 foreclosure proceedings as in the case of mortgage
9 foreclosures under Article XV of the Code of Civil Procedure
10 or mechanics' lien foreclosures; provided that where the lien
11 is enforced by foreclosure under subsection (c) or under
12 either statute, the municipality may not proceed against the
13 other assets of the owner or owners of the real estate for
14 any costs that otherwise would be recoverable under this
15 Section but that remain unsatisfied after foreclosure except
16 where such additional recovery is authorized by separate
17 environmental laws. An action to foreclose this lien may be
18 commenced at any time after the date of filing of the notice
19 of lien. The costs of foreclosure incurred by the
20 municipality, including court costs, reasonable attorney's
21 fees, advances to preserve the property, and other costs
22 related to the enforcement of this subsection, plus statutory
23 interest, are a lien on the real estate.
24 All liens arising under this subsection (f) shall be
25 assignable. The assignee of the lien shall have the same
26 power to enforce the lien as the assigning party, except that
27 the lien may not be enforced under subsection (c).
28 (Source: P.A. 89-235, eff. 8-4-95; 89-303, eff. 1-1-96;
29 90-393, eff. 1-1-98; 90-597, eff. 6-25-98; revised 9-16-98.)
30 (65 ILCS 5/11-74.4-5) (from Ch. 24, par. 11-74.4-5)
31 Sec. 11-74.4-5. (a) Prior to the adoption of an ordinance
32 proposing the designation of a redevelopment project area, or
33 approving a redevelopment plan or redevelopment project, the
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1 municipality by its corporate authorities, or as it may
2 determine by any commission designated under subsection (k)
3 of Section 11-74.4-4 shall adopt an ordinance or resolution
4 fixing a time and place for public hearing. Prior to the
5 adoption of the ordinance or resolution establishing the time
6 and place for the public hearing, the municipality shall make
7 available for public inspection a redevelopment plan or a
8 separate report that provides in reasonable detail the basis
9 for the redevelopment project area qualifying as a blighted
10 area, conservation area, or an industrial park conservation
11 area. The report along with the name of a person to contact
12 for further information shall be sent within a reasonable
13 time after the adoption of such ordinance or resolution to
14 the affected taxing districts by certified mail. At the
15 public hearing any interested person or affected taxing
16 district may file with the municipal clerk written objections
17 to and may be heard orally in respect to any issues embodied
18 in the notice. The municipality shall hear and determine all
19 protests and objections at the hearing and the hearing may be
20 adjourned to another date without further notice other than a
21 motion to be entered upon the minutes fixing the time and
22 place of the subsequent hearing. Prior to the adoption of an
23 ordinance approving a redevelopment plan or redevelopment
24 project, or designating a redevelopment project area, changes
25 may be made in the redevelopment plan or project or area
26 which changes do not alter the exterior boundaries, or do not
27 substantially affect the general land uses established in the
28 plan or substantially change the nature of the redevelopment
29 project, without further hearing or notice, provided that
30 notice of such changes is given by mail to each affected
31 taxing district and by publication in a newspaper or
32 newspapers of general circulation within the taxing districts
33 not less than 10 days prior to the adoption of the changes
34 by ordinance. After the adoption of an ordinance approving a
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1 redevelopment plan or project or designating a redevelopment
2 project area, no ordinance shall be adopted altering the
3 exterior boundaries, affecting the general land uses
4 established pursuant to the plan or changing the nature of
5 the redevelopment project without complying with the
6 procedures provided in this division pertaining to the
7 initial approval of a redevelopment plan project and
8 designation of redevelopment project area. Hearings with
9 regard to a redevelopment project area, project or plan may
10 be held simultaneously.
11 (b) After the effective date of this amendatory Act of
12 1989, prior to the adoption of an ordinance proposing the
13 designation of a redevelopment project area or amending the
14 boundaries of an existing redevelopment project area, the
15 municipality shall convene a joint review board to consider
16 the proposal. The board shall consist of a representative
17 selected by each community college district, local elementary
18 school district and high school district or each local
19 community unit school district, park district, library
20 district and county that has authority to directly levy taxes
21 on the property within the proposed redevelopment project
22 area, a representative selected by the municipality and a
23 public member. The public member and the board's chairperson
24 shall be selected by a majority of other board members.
25 Municipalities that have designated redevelopment project
26 areas prior to the effective date of this amendatory Act of
27 1989 may convene a joint review board to perform the duties
28 specified under paragraph (e) of this Section.
29 All board members shall be appointed and the first board
30 meeting held within 14 days following the notice by the
31 municipality to all the taxing districts as required by
32 Section 11-74.4-6(c) 11-74.4-6c. Such notice shall also
33 advise the taxing bodies represented on the joint review
34 board of the time and place of the first meeting of the
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1 board. Additional meetings of the board shall be held upon
2 the call of any member. The municipality seeking designation
3 of the redevelopment project area may provide administrative
4 support to the board.
5 The board shall review the public record, planning
6 documents and proposed ordinances approving the redevelopment
7 plan and project to be adopted by the municipality. As part
8 of its deliberations, the board may hold additional hearings
9 on the proposal. A board's recommendation shall be an
10 advisory, non-binding recommendation which recommendation
11 shall be adopted by a majority vote of the board and
12 submitted to the municipality within 30 days after convening
13 of the board. Failure of the board to submit its report on a
14 timely basis shall not be cause to delay the public hearing
15 or any other step in the process of establishing or amending
16 the redevelopment project area.
17 The board shall base its decision to approve or deny the
18 proposal on the basis of the area satisfying the eligibility
19 criteria defined in Section 11-74.4-3.
20 The board shall issue a written report describing why the
21 redevelopment plan and project area fails to meet one or more
22 of the criteria. In the event the Board does not file a
23 report it shall be presumed that these taxing bodies find the
24 redevelopment project area to satisfy the eligibility
25 criteria.
26 (c) After the adoption of an ordinance approving a
27 redevelopment plan or project or designating a redevelopment
28 project area, no ordinance shall be adopted altering the
29 exterior boundaries, affecting the general land uses
30 established pursuant to the plan or changing the nature of
31 the redevelopment project without complying with the
32 procedures provided in this division pertaining to the
33 initial approval of a redevelopment plan project and
34 designation of a redevelopment project area.
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1 (d) After the effective date of this amendatory Act of
2 1994 and adoption of an ordinance approving a redevelopment
3 plan or project, a municipality with a population of less
4 than 1,000,000 shall within 90 days after the close of each
5 municipal fiscal year notify all taxing districts represented
6 on the joint review board in which the redevelopment project
7 area is located that any or all of the following information
8 will be made available no later than 180 days after the close
9 of each municipal fiscal year upon receipt of a written
10 request of a majority of such taxing districts for such
11 information:
12 (1) Any amendments to the redevelopment plan, the
13 redevelopment project area, or the State Sales Tax
14 Boundary.
15 (2) Audited financial statements of the special tax
16 allocation fund once a cumulative total of $100,000 has
17 been deposited in the fund.
18 (3) Certification of the Chief Executive Officer of
19 the municipality that the municipality has complied with
20 all of the requirements of this Act during the preceding
21 fiscal year.
22 (4) An opinion of legal counsel that the
23 municipality is in compliance with this Act.
24 (5) An analysis of the special tax allocation fund
25 which sets forth:
26 (A) the balance in the special tax allocation
27 fund at the beginning of the fiscal year;
28 (B) all amounts deposited in the special tax
29 allocation fund by source;
30 (C) all expenditures from the special tax
31 allocation fund by category of permissible
32 redevelopment project cost; and
33 (D) the balance in the special tax allocation
34 fund at the end of the fiscal year including a
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1 breakdown of that balance by source. Such ending
2 balance shall be designated as surplus if it is not
3 required for anticipated redevelopment project costs
4 or to pay debt service on bonds issued to finance
5 redevelopment project costs, as set forth in Section
6 11-74.4-7 hereof.
7 (6) A description of all property purchased by the
8 municipality within the redevelopment project area
9 including:
10 (A) Street address.
11 (B) Approximate size or description of
12 property.
13 (C) Purchase price.
14 (D) Seller of property.
15 (7) A statement setting forth all activities
16 undertaken in furtherance of the objectives of the
17 redevelopment plan, including:
18 (A) Any project implemented in the preceding
19 fiscal year.
20 (B) A description of the redevelopment
21 activities undertaken.
22 (C) A description of any agreements entered
23 into by the municipality with regard to the
24 disposition or redevelopment of any property within
25 the redevelopment project area or the area within
26 the State Sales Tax Boundary.
27 (D) Additional information on the use of all
28 funds received under this Division and steps taken
29 by the municipality to achieve the objectives of the
30 redevelopment plan.
31 (8) With regard to any obligations issued by the
32 municipality:
33 (A) copies of any official statements; and
34 (B) an analysis prepared by financial advisor
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1 or underwriter setting forth: (i) nature and term of
2 obligation; and (ii) projected debt service
3 including required reserves and debt coverage.
4 (9) For special tax allocation funds that have
5 experienced cumulative deposits of incremental tax
6 revenues of $100,000 or more, a certified audit report
7 reviewing compliance with this Act performed by an
8 independent public accountant certified and licensed by
9 the authority of the State of Illinois. The financial
10 portion of the audit must be conducted in accordance with
11 Standards for Audits of Governmental Organizations,
12 Programs, Activities, and Functions adopted by the
13 Comptroller General of the United States (1981), as
14 amended. The audit report shall contain a letter from
15 the independent certified public accountant indicating
16 compliance or noncompliance with the requirements of
17 subsection (q) of Section 11-74.4-3.
18 (d-1) Municipalities with populations of over 1,000,000
19 shall, after adoption of a redevelopment plan or project,
20 make available upon request to any taxing district in which
21 the redevelopment project area is located the following
22 information:
23 (1) Any amendments to the redevelopment plan, the
24 redevelopment project area, or the State Sales Tax
25 Boundary; and
26 (2) In connection with any redevelopment project
27 area for which the municipality has outstanding
28 obligations issued to provide for redevelopment project
29 costs pursuant to Section 11-74.4-7, audited financial
30 statements of the special tax allocation fund.
31 (e) One year, two years and at the end of every
32 subsequent three year period thereafter, the joint review
33 board shall meet to review the effectiveness and status of
34 the redevelopment project area up to that date.
-470- LRB9101253EGfg
1 (f) If the redevelopment project area has been in
2 existence for at least 5 years and the municipality proposes
3 a redevelopment project with a total redevelopment project
4 cost exceeding 35% of the total amount budgeted in the
5 redevelopment plan for all redevelopment projects, the
6 municipality, in addition to any other requirements imposed
7 by this Act, shall convene a meeting of the joint review
8 board as provided in this Act for the purpose of reviewing
9 the redevelopment project.
10 (g) In the event that a municipality has held a public
11 hearing under this Section prior to March 14, 1994 (the
12 effective date of Public Act 88-537), the requirements
13 imposed by Public Act 88-537 relating to the method of fixing
14 the time and place for public hearing, the materials and
15 information required to be made available for public
16 inspection, and the information required to be sent after
17 adoption of an ordinance or resolution fixing a time and
18 place for public hearing shall not be applicable.
19 (Source: P.A. 88-537; 88-688, eff. 1-24-95; revised
20 10-31-98.)
21 (65 ILCS 5/Art. 11, Div. 74.5 heading)
22 DIVISION 74.5. 11-74.5. MUNICIPAL HOUSING FINANCE LAW
23 (65 ILCS 5/11-74.5-1) (from Ch. 24, par. 11-74.5-1)
24 Sec. 11-74.5-1. This Division 74.5 11-74.5 may be
25 referred to as the "Municipal Housing Finance Law".
26 (Source: P.A. 81-580; revised 10-31-98.)
27 (65 ILCS 5/11-76.1-4) (from Ch. 24, par. 11-76.1-4)
28 Sec. 11-76.1-4. Whenever a petition signed by the
29 electors of any specified municipality equal in number to 10%
30 or more of the total number of registered voters in the
31 municipality, is filed with the municipal clerk of any such
-471- LRB9101253EGfg
1 municipality which has adopted an ordinance pursuant to the
2 powers granted in Section 11-76.1-1 of this Code, and such
3 petition has been filed with the clerk of the municipality
4 within 30 days of the second publication of the notice
5 required in Section 11-76.1-3 of this Code which notice shall
6 include (1) the specific number of voters required to sign
7 the petition; (2) the time in which the petition must be
8 filed; and (3) the date of the prospective referendum, the
9 corporate authorities shall order the submission of the
10 question to the municipal electors and designate the election
11 at which the question shall be submitted. The municipal
12 clerk shall certify the question to the proper election
13 authority. The municipal clerk shall provide a petition form
14 to any individual requesting one.
15 The proposition shall be substantially in the following
16 form:
17 -------------------------------------------------------------
18 Shall the ordinance passed by
19 the city council (or board of YES
20 trustees, etc.) of (name of
21 municipality) on (insert date),
22 the .... day of .... 19.., -------------------------
23 entitled ............., which
24 provides (stating the nature of
25 the proposed ordinance), become NO
26 effective?
27 -------------------------------------------------------------
28 If a majority of the votes cast on the questions are in
29 favor of the proposition, the corporate authorities shall
30 have the authority granted to them by Section 11-76.1-1.
31 This amendatory Act of 1975 is not a limit on any
32 municipality which is a home rule unit.
33 (Source: P.A. 87-767; revised 10-20-98.)
-472- LRB9101253EGfg
1 (65 ILCS 5/11-89-2) (from Ch. 24, par. 11-89-2)
2 Sec. 11-89-2. No ordinance of any municipality granting a
3 terminable permit shall become effective until a proposition
4 to approve the ordinance has been submitted to the electors
5 of the municipality and has been approved by a majority of
6 the electors voting upon the proposition. Every such
7 ordinance shall order such submission and shall designate the
8 election at which the proposition is to be submitted. The
9 municipal clerk shall promptly certify such proposition for
10 submission.
11 The proposition need not include the ordinance in full
12 but shall indicate the nature of the ordinance, and shall be
13 substantially in the following form:
14 -------------------------------------------------------------
15 Shall the ordinance passed by the
16 city council (or board of trustees)
17 of (name of municipality) on (insert YES
18 date), the .... day of ....,
19 19.., entitled ...., which
20 granted a terminable permit to (here -----------------
21 insert the name of the grantee) to
22 construct, maintain, and operate a NO
23 transportation system upon the terms and
24 conditions therein stated, be approved?
25 -------------------------------------------------------------
26 (Source: P.A. 81-1489; revised 10-20-98.)
27 (65 ILCS 5/11-90-4) (from Ch. 24, par. 11-90-4)
28 Sec. 11-90-4. No ordinance of any municipality granting
29 permission under Section 11-90-3 for a term longer than 20
30 years shall become operative until a proposition to approve
31 the ordinance has been submitted to the electors of the
32 municipality and has been approved by a majority of the
33 electors voting upon the proposition. Every such ordinance
-473- LRB9101253EGfg
1 shall order such submission and shall designate the election
2 at which the proposition is to be submitted in accordance
3 with the general election law. The municipal clerk shall
4 promptly certify such proposition to the proper election
5 officials for submission.
6 The proposition need not include the ordinance in full
7 but which shall indicate the nature of the ordinance, and
8 shall be substantially in the following form:
9 -------------------------------------------------------------
10 Shall the ordinance passed by the
11 city council (or board of trustees,
12 etc.) of (name of municipality) on
13 (insert date),
14 the .... day of ...., 19.., entitled YES
15 ...., which granted permission for a
16 term of .... years to (here insert
17 the name of the grantee) to locate, --------------------
18 construct, reconstruct, maintain,
19 operate, and lay tracks, of (here
20 insert the name of the grantee) in NO
21 certain streets, alleys, and public
22 places upon the terms and conditions
23 therein stated, be approved?
24 -------------------------------------------------------------
25 (Source: P.A. 81-1489; revised 10-20-98.)
26 (65 ILCS 5/11-111-3) (from Ch. 24, par. 11-111-3)
27 Sec. 11-111-3. When specified improvement districts have
28 been laid out, the cost of the improvement has been estimated
29 and ascertained by a competent engineer, and the benefits to
30 the lots, blocks, or parts thereof, have been assessed, the
31 municipality may issue a series of bonds sufficient to pay
32 the special assessments or special tax so ascertained for
33 each district. When so issued and endorsed as provided for
-474- LRB9101253EGfg
1 in this section, these bonds shall be a lien upon the
2 respective lots, blocks, or parts thereof, which are
3 designated in the bonds. The bonds shall bear interest at a
4 rate not exceeding the maximum rate authorized by the Bond
5 Authorization Act, as amended at the time of the making of
6 the contract, and may run for any term not exceeding 20
7 years. The style of the bonds shall be fixed and designated
8 by ordinance. But before any bond is issued or put into
9 circulation, the owner of any lot charged with such a special
10 assessment or special tax shall endorse upon the back of the
11 bond his consent thereto, substantially as follows:
12 I hereby endorse the within bond, and consent that the
13 lot or lots, or parts thereof therein designated, shall
14 become liable for the interest and principal therein named,
15 and that the bond shall be a lien upon the designated
16 property from this date until paid off and discharged.
17 ....
18 (insert date) This .... day of .... 19..
19 .... (Seal)
20 The bond, when prepared and executed by the municipality,
21 and endorsed by the owners of the property charged with the
22 special assessments or special tax, shall be recorded in the
23 recorder's office of the county in which the municipality is
24 located. When so recorded the record is notice of the lien
25 thereby created, to the same extent that records of mortgages
26 are notices of the mortgage lien, and has the same force and
27 effect. No coupon need be recorded. A record of the face of
28 the bond and of the endorsement are sufficient.
29 With respect to instruments for the payment of money
30 issued under this Section either before, on, or after the
31 effective date of this amendatory Act of 1989, it is and
32 always has been the intention of the General Assembly (i)
33 that the Omnibus Bond Acts are and always have been
34 supplementary grants of power to issue instruments in
-475- LRB9101253EGfg
1 accordance with the Omnibus Bond Acts, regardless of any
2 provision of this Act that may appear to be or to have been
3 more restrictive than those Acts, (ii) that the provisions of
4 this Section are not a limitation on the supplementary
5 authority granted by the Omnibus Bond Acts, and (iii) that
6 instruments issued under this Section within the
7 supplementary authority granted by the Omnibus Bond Acts are
8 not invalid because of any provision of this Act that may
9 appear to be or to have been more restrictive than those
10 Acts.
11 The amendatory Acts of 1971, 1972 and 1973 are not a
12 limit upon any municipality which is a home rule unit.
13 (Source: P.A. 86-4; revised 10-20-98.)
14 (65 ILCS 5/11-121-7) (from Ch. 24, par. 11-121-7)
15 Sec. 11-121-7. No ordinance of any municipality granting
16 any lease of, or consent, permit, or right to use such
17 subways for local transportation purposes shall become
18 operative until a proposition to approve the ordinance has
19 been submitted to the electors of the municipality and has
20 been approved by a majority of the electors voting upon the
21 proposition. Every such ordinance shall order such
22 submission and shall designate the election at which the
23 proposition is to be submitted. The municipal clerk shall
24 promptly certify such ordinance and proposition for
25 submission.
26 The proposition need not include the ordinance in full
27 but shall indicate the nature of the ordinance, and shall be
28 substantially in the following form:
29 -------------------------------------------------------------
30 Shall the ordinance passed by the
31 city council (or board of trustees)
32 of (name of municipality) on the YES
33 (insert date), .... day of
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1 .... 19.., entitled ....,
2 which grants to (name of grantee) --------------------
3 a lease of (or consent, permit, or
4 right to use, as the case may be) NO
5 of the municipally owned subways
6 therein specified, for local
7 transportation purposes, be approved?
8 -------------------------------------------------------------
9 However, when any municipality by ordinance grants a
10 permit to construct and operate or maintain and operate a
11 local transportation system, including the use of municipally
12 owned subways, and that ordinance is submitted to and
13 approved on a referendum, it is not necessary to pass or to
14 submit to a referendum a separate ordinance granting a lease
15 of or consent, permission, or right for the use of those
16 subways.
17 (Source: P.A. 81-1489; revised 10-20-98.)
18 (65 ILCS 5/11-129-7) (from Ch. 24, par. 11-129-7)
19 Sec. 11-129-7. This Division 129 authorizes the issuance
20 of revenue bonds provided for in this Division 129 without
21 submitting the proposition for the approval of the ordinance
22 authorizing the bonds to the electors as provided in Sections
23 Section 8-4-1 and 8-4-2.
24 (Source: Laws 1961, p. 576; revised 10-31-98.)
25 Section 76. The Municipal Federal Grant Tax and Bond Act
26 is amended by changing Sections 7 and 19 as follows:
27 (65 ILCS 55/7) (from Ch. 24, par. 808.7)
28 Sec. 7. The petitioner shall, in addition to other
29 notices hereinbefore provided for, cause notice to be given,
30 not more than 30 nor less than 15 days in advance of the time
31 at which confirmation of the assessment is sought, by
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1 publishing a notice thereof at least twice in one or more
2 newspapers published in the municipality, or, if no newspaper
3 is published therein, then in one or more newspapers with a
4 general circulation within the municipality; except that, in
5 municipalities with less than 500 population in which no
6 newspaper is published, publication may be made by posting a
7 notice in 3 prominent places within the municipality. The
8 notice shall be over the name of the officer levying such
9 assessment, and be substantially as follows:
10 "SPECIAL ASSESSMENT NOTICE."
11 "Notice is hereby given to all persons interested that
12 the city council (or board of trustees as the case may be) of
13 .... having ordered that (here insert a brief description of
14 the nature of the improvement), the ordinance for the same
15 being on file in the office of the .... clerk, having applied
16 to the circuit court of .... county for an assessment of the
17 costs of the improvement, according to benefits, and an
18 assessment therefor having been made and returned to the
19 court, the final hearing thereon will be had on (insert
20 date), the .... day of .... 19.., or as soon thereafter as
21 the business of the court will permit. All persons desiring
22 may file objections in the court before that day, and may
23 appear on the hearing and make their defense.
24 Dated (insert date). 19"
25 Where the assessment is payable in installments, the
26 number of installments and the rate of interest shall also be
27 stated.
28 If 15 days have not elapsed between the first publication
29 or the posting of such notice, and the day fixed in the
30 notice for filing objections, the cause shall be continued
31 for 15 days, and the time for filing objections shall stand
32 correspondingly extended.
33 (Source: P.A. 84-550; revised 10-20-98.)
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1 (65 ILCS 55/19) (from Ch. 24, par. 808.19)
2 Sec. 19. The collector receiving such warrant shall give
3 notice thereof by publishing a notice at least twice, not
4 more than 30 nor less than 15 days in advance, in one or more
5 newspapers published in the municipality, or, if no newspaper
6 is published therein, then in one or more newspapers with a
7 general circulation within the municipality; except that, in
8 municipalities with less than 500 population in which no
9 newspaper is published, publication may be made by posting a
10 notice in 3 prominent places within the municipality. Such
11 notice may be substantially in the following form:
12 SPECIAL ASSESSMENT NOTICE
13 Special Warrant, No. .....
14 Notice: Publication is hereby given that the (here insert
15 title of court) has entered judgment for a special assessment
16 (or special tax) upon property benefited by the following
17 improvement: (here describe the character and location of the
18 improvement in general terms), as appears more fully in the
19 certified copy of the judgment on file in my office; that the
20 warrant for the collection of such assessment (or special
21 tax) is in the possession of the undersigned. All persons
22 interested are hereby notified to call and pay the amount
23 assessed at the collector's office (here insert location of
24 office) within 30 days from the date hereof.
25 Dated (insert date). 19...
26 .... Collector.
27 When such assessment or special tax is levied to be paid
28 in installments, such notice shall, in addition to the
29 foregoing, contain the amount of each installment, the rate
30 of interest deferred installments bear, and the date when
31 payable.
32 (Source: P.A. 84-550; revised 10-20-98.)
33 Section 77. The Airport Authorities Act is amended by
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1 changing Section 2.3 as follows:
2 (70 ILCS 5/2.3) (from Ch. 15 1/2, par. 68.2c)
3 Sec. 2.3. Election - procedure. The clerk of the
4 circuit court shall certify the order for submission of the
5 proposition, to the proper election authorities, who shall
6 submit the proposition to the voters at an election in
7 accordance with the general election law.
8 In addition to the requirements of the general election
9 law notice shall include a description of the territory. The
10 notice shall further state that any such authority upon its
11 establishment shall have the powers, objects and purposes
12 provided by this Act, including the power to levy the tax
13 authorized by this Act for airport operation and maintenance
14 and other corporate purposes, and power to issue tax secured
15 bonds. Each legal voter residing within the territory shall
16 have a right to cast a ballot at such election. The
17 proposition shall be in substantially the following form:
18 -------------------------------------------------------------
19 Shall an "Act in relation to
20 Airport Authorities" effective
21 (insert date)
22 ........ day of ......., 19.., YES
23 be adopted, and the ......
24 Airport Authority be established?
25 (If established, said Airport
26 Authority will have the powers, --------------------------
27 objects and purposes, provided
28 by the Act, including the power
29 to levy the tax authorized by
30 the Act for airport operation NO
31 and maintenance and other
32 corporate purposes and the power
33 to issue tax secured bonds.)
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1 -------------------------------------------------------------
2 The circuit court shall by written order determine and
3 declare the result of the referendum and shall cause the
4 result to be filed of record in the proceedings of the
5 circuit court.
6 (Source: P.A. 83-343; revised 10-20-98.)
7 Section 78. The Civic Center Code is amended by changing
8 Section 255-75 as follows:
9 (70 ILCS 200/255-75)
10 Sec. 255-75. Nomination of Board members. Nomination of
11 a candidate for member of the Board at any election to be
12 held after June 1, 1970, shall be made by a petition filed
13 with the county clerk, signed by at least 50 voters qualified
14 to vote at the election. The petition shall be in
15 substantially the following form:
16 NOMINATING PETITION
17 To the County Clerk of Sangamon County:
18 We, the undersigned, being 50 or more of the voters
19 qualified to vote, hereby petition that .... who resides at
20 ...., (Springfield, Woodside, Capital) Township, in Sangamon
21 County shall be a candidate for the office of member of the
22 Board of the Springfield Metropolitan Exposition and
23 Auditorium Authority (for a full term) (to fill a vacancy,
24 term expiring on (insert date) 19..) to be voted for at an
25 election to be held on (insert date). ...., 19...
26 NAME ...............
27 ADDRESS ............
28 The foregoing petition shall be verified by a certificate
29 which may be substantially in the following form:
30 I, ...., hereby certify that I am a voter residing in
31 (Springfield, Woodside, Capital) Township, Sangamon County,
32 Illinois, and qualified to vote at the election referred to
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1 above, and that the signatures on this sheet were signed in
2 my presence and are genuine and to the best of my knowledge
3 and belief the persons so signing were at the time of signing
4 voters qualified to vote at said election.
5 s/.................
6 SUBSCRIBED and SWORN to before me on (insert date). this
7 .... day of .... 19....
8 ...................
9 Notary Public
10 (Source: P.A. 90-328, eff. 1-1-98; revised 10-19-98.)
11 Section 79. The Metropolitan Pier and Exposition
12 Authority Act is amended by changing Section 5 as follows:
13 (70 ILCS 210/5) (from Ch. 85, par. 1225)
14 Sec. 5. The Metropolitan Pier and Exposition Authority
15 shall also have the following rights and powers:
16 (a) To accept from Chicago Park Fair, a
17 corporation, an assignment of whatever sums of money it
18 may have received from the Fair and Exposition Fund,
19 allocated by the Department of Agriculture of the State
20 of Illinois, and Chicago Park Fair is hereby authorized
21 to assign, set over and transfer any of those funds to
22 the Metropolitan Pier and Exposition Authority. The
23 Authority has the right and power hereafter to receive
24 sums as may be distributed to it by the Department of
25 Agriculture of the State of Illinois from the Fair and
26 Exposition Fund pursuant to the provisions of Sections 5,
27 6i, and 28 of the State Finance Act. All sums received
28 by the Authority shall be held in the sole custody of the
29 secretary-treasurer of the Metropolitan Pier and
30 Exposition Board.
31 (b) To accept the assignment of, assume and execute
32 any contracts heretofore entered into by Chicago Park
-482- LRB9101253EGfg
1 Fair.
2 (c) To acquire, own, construct, equip, lease,
3 operate and maintain grounds, buildings and facilities to
4 carry out its corporate purposes and duties, and to carry
5 out or otherwise provide for the recreational, cultural,
6 commercial or residential development of Navy Pier, and
7 to fix and collect just, reasonable and nondiscriminatory
8 charges for the use thereof. The charges so collected
9 shall be made available to defray the reasonable expenses
10 of the Authority and to pay the principal of and the
11 interest upon any revenue bonds issued by the Authority.
12 The Authority shall be subject to and comply with the
13 Lake Michigan and Chicago Lakefront Protection Ordinance,
14 the Chicago Building Code, the Chicago Zoning Ordinance,
15 and all ordinances and regulations of the City of Chicago
16 contained in the following Titles of the Municipal Code
17 of Chicago: Businesses, Occupations and Consumer
18 Protection; Health and Safety; Fire Prevention; Public
19 Peace, Morals and Welfare; Utilities and Environmental
20 Protection; Streets, Public Ways, Parks, Airports and
21 Harbors; Electrical Equipment and Installation; Housing
22 and Economic Development (only Chapter 5-4 thereof); and
23 Revenue and Finance (only so far as such Title pertains
24 to the Authority's duty to collect taxes on behalf of the
25 City of Chicago).
26 (d) To enter into contracts treating in any manner
27 with the objects and purposes of this Act.
28 (e) To lease any buildings to the Adjutant General
29 of the State of Illinois for the use of the Illinois
30 National Guard or the Illinois Naval Militia.
31 (f) To exercise the right of eminent domain by
32 condemnation proceedings in the manner provided by
33 Article VII of the Code of Civil Procedure, including,
34 with respect to Site B only, the authority to exercise
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1 quick take condemnation by immediate vesting of title
2 under Sections 7-103 through 7-112 of the Code of Civil
3 Procedure, to acquire any privately owned real or
4 personal property and, with respect to Site B only,
5 public property used for rail transportation purposes
6 (but no such taking of such public property shall, in the
7 reasonable judgment of the owner, interfere with such
8 rail transportation) for the lawful purposes of the
9 Authority in Site A, at Navy Pier, and at Site B. Just
10 compensation for property taken or acquired under this
11 paragraph shall be paid in money or, notwithstanding any
12 other provision of this Act and with the agreement of the
13 owner of the property to be taken or acquired, the
14 Authority may convey substitute property or interests in
15 property or enter into agreements with the property
16 owner, including leases, licenses, or concessions, with
17 respect to any property owned by the Authority, or may
18 provide for other lawful forms of just compensation to
19 the owner. Any property acquired in condemnation
20 proceedings shall be used only as provided in this Act.
21 Except as otherwise provided by law, the City of Chicago
22 shall have a right of first refusal prior to any sale of
23 any such property by the Authority to a third party other
24 than substitute property. The Authority shall develop and
25 implement a relocation plan for businesses displaced as a
26 result of the Authority's acquisition of property. The
27 relocation plan shall be substantially similar to
28 provisions of the Uniform Relocation Assistance and Real
29 Property Acquisition Act and regulations promulgated
30 under that Act relating to assistance to displaced
31 businesses. To implement the relocation plan the
32 Authority may acquire property by purchase or gift or may
33 exercise the powers authorized in this subsection (f),
34 except the immediate vesting of title under Sections
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1 7-103 through 7-112 of the Code of Civil Procedure, to
2 acquire substitute private property within one mile of
3 Site B for the benefit of displaced businesses located on
4 property being acquired by the Authority. However, no
5 such substitute property may be acquired by the Authority
6 unless the mayor of the municipality in which the
7 property is located certifies in writing that the
8 acquisition is consistent with the municipality's land
9 use and economic development policies and goals. The
10 acquisition of substitute property is declared to be for
11 public use. In exercising the powers authorized in this
12 subsection (f), the Authority shall use its best efforts
13 to relocate businesses within the area of McCormick Place
14 or, failing that, within the City of Chicago.
15 (g) To enter into contracts relating to
16 construction projects which provide for the delivery by
17 the contractor of a completed project, structure,
18 improvement, or specific portion thereof, for a fixed
19 maximum price, which contract may provide that the
20 delivery of the project, structure, improvement, or
21 specific portion thereof, for the fixed maximum price is
22 insured or guaranteed by a third party capable of
23 completing the construction.
24 (h) To enter into agreements with any person with
25 respect to the use and occupancy of the grounds,
26 buildings, and facilities of the Authority, including
27 concession, license, and lease agreements on terms and
28 conditions as the Authority determines. Notwithstanding
29 Section 24, agreements with respect to the use and
30 occupancy of the grounds, buildings, and facilities of
31 the Authority for a term of more than one year shall be
32 entered into in accordance with the procurement process
33 provided for in Section 25.1.
34 (i) To enter into agreements with any person with
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1 respect to the operation and management of the grounds,
2 buildings, and facilities of the Authority or the
3 provision of goods and services on terms and conditions
4 as the Authority determines.
5 (j) After conducting the procurement process
6 provided for in Section 25.1, to enter into one or more
7 contracts to provide for the design and construction of
8 all or part of the Authority's Expansion Project grounds,
9 buildings, and facilities. Any contract for design and
10 construction of the Expansion Project shall be in the
11 form authorized by subsection (g), shall be for a fixed
12 maximum price not in excess of the funds that are
13 authorized to be made available under the provisions of
14 this amendatory Act of 1991 for those purposes during the
15 term of the contract, and shall be entered into before
16 commencement of construction.
17 (k) To enter into agreements, including project
18 agreements with labor unions, that the Authority deems
19 necessary to complete the Expansion Project or any other
20 construction or improvement project in the most timely
21 and efficient manner and without strikes, picketing, or
22 other actions that might cause disruption or delay and
23 thereby add to the cost of the project.
24 (l) Nothing in this amendatory Act of 1991 shall be
25 construed to authorize the Authority to spend the proceeds of
26 any bonds or notes issued or any taxes levied under this
27 amendatory Act of 1991 to construct a stadium to be leased to
28 or used by professional sports teams.
29 (Source: P.A. 87-733; 88-193; revised 10-31-98.)
30 Section 80. The Joliet Arsenal Development Authority Act
31 is amended by changing Section 25 as follows:
32 (70 ILCS 508/25)
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1 Sec. 25. Powers. (a) The Authority possesses all powers
2 of a body corporate necessary and convenient to accomplish
3 the purpose of this Act, including without limitation the
4 following:
5 (1) to enter into loans, contracts, agreements, and
6 mortgages in any matter connected with any of its
7 corporate purposes and to invest its funds;
8 (2) to sue and be sued;
9 (3) to employ agents and employees necessary to
10 carry out its purposes;
11 (4) to have, use, and alter a common seal;
12 (5) to adopt all needful ordinances, resolutions,
13 by-laws, rules, and regulations for the conduct of its
14 business and affairs and for the management and use of
15 the projects developed, constructed, acquired, and
16 improved in furtherance of its purposes;
17 (6) to designate the fiscal year for the Authority;
18 (7) to accept and expend appropriations;
19 (8) to have and exercise all powers and be subject
20 to all duties usually incident to boards of directors of
21 corporations;
22 (9) to acquire, own, lease, sell, or otherwise
23 dispose of interests in and to real property and
24 improvements situated thereon and in personal property
25 necessary to fulfill the purposes of the Authority;
26 (10) to engage in any activity or operation that is
27 incidental to and in furtherance of efficient operation
28 to accomplish the Authority's primary purpose;
29 (11) to acquire, own, construct, lease, operate,
30 and maintain within its corporate limits terminals and
31 terminal facilities and to fix and collect just,
32 reasonable, and nondiscriminatory charges for the use of
33 those facilities;
34 (12) to collect fees and charges in connection with
-487- LRB9101253EGfg
1 its loans, commitments, and services;
2 (13) to use the charges and fees collected as
3 authorized under paragraphs (11) and (12) of this Section
4 to defray the reasonable expenses of the Authority and to
5 pay the principal and interest of any revenue bonds
6 issued by the Authority;
7 (14) to use ground water resources of Will County;
8 and
9 (15) to borrow money and to issue revenue bonds,
10 notes, or other evidences of indebtedness as provided in
11 Section 35 of this Act to evidence the obligation of the
12 Authority to repay the borrowings.
13 (Source: P.A. 89-333, eff. 8-17-95; 90-83, eff. 7-10-97;
14 revised 10-31-98.)
15 Section 81. The Tri-County River Valley Development
16 Authority Law is amended by changing Section 2007 as follows:
17 (70 ILCS 525/2007) (from Ch. 85, par. 7507)
18 Sec. 2007. Bonds.
19 (a) The Authority, with the written approval of the
20 Governor, shall have the continuing power to issue bonds,
21 notes, or other evidences of indebtedness in an aggregate
22 amount not to exceed $100,000,000 for the purpose of
23 developing, constructing, acquiring or improving projects,
24 including those established by business entities locating or
25 expanding property within the territorial jurisdiction of the
26 Authority, for entering into venture capital agreements with
27 businesses locating or expanding within the territorial
28 jurisdiction of the Authority, for acquiring and improving
29 any property necessary and useful in connection therewith and
30 for the purposes of the Employee Ownership Assistance Act.
31 For the purpose of evidencing the obligations of the
32 Authority to repay any money borrowed, the Authority may,
-488- LRB9101253EGfg
1 pursuant to resolution, from time to time issue and dispose
2 of its interest bearing revenue bonds, notes or other
3 evidences of indebtedness and may also from time to time
4 issue and dispose of such bonds, notes or other evidences of
5 indebtedness to refund, at maturity, at a redemption date or
6 in advance of either, any bonds, notes or other evidences of
7 indebtedness pursuant to redemption provisions or at any time
8 before maturity. All such bonds, notes or other evidences of
9 indebtedness shall be payable from the revenues or income to
10 be derived from loans made with respect to projects, from the
11 leasing or sale of the projects or from any other funds
12 available to the Authority for such purposes. The bonds,
13 notes or other evidences of indebtedness may bear such date
14 or dates, may mature at such time or times not exceeding 40
15 years from their respective dates, may bear interest at such
16 rate or rates not exceeding the maximum rate permitted by the
17 Bond Authorization Act, may be in such form, may carry such
18 registration privileges, may be executed in such manner, may
19 be payable at such place or places, may be made subject to
20 redemption in such manner and upon such terms, with or
21 without premium as is stated on the face thereof, may be
22 authenticated in such manner and may contain such terms and
23 covenants as may be provided by an applicable resolution.
24 (b-1) The holder or holders of any bonds, notes or other
25 evidences of indebtedness issued by the Authority may bring
26 suits at law or proceedings in equity to compel the
27 performance and observance by any corporation or person or by
28 the Authority or any of its agents or employees of any
29 contract or covenant made with the holders of such bonds,
30 notes or other evidences of indebtedness, to compel such
31 corporation, person, the Authority and any of its agents or
32 employees to perform any duties required to be performed for
33 the benefit of the holders of any such bonds, notes or other
34 evidences of indebtedness by the provision of the resolution
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1 authorizing their issuance and to enjoin such corporation,
2 person, the Authority and any of its agents or employees from
3 taking any action in conflict with any such contract or
4 covenant.
5 (b-2) If the Authority fails to pay the principal of or
6 interest on any of the bonds or premium, if any, as the same
7 become due, a civil action to compel payment may be
8 instituted in the appropriate circuit court by the holder or
9 holders of the bonds on which such default of payment exists
10 or by an indenture trustee acting on behalf of such holders.
11 Delivery of a summons and a copy of the complaint to the
12 Chairman of the Board shall constitute sufficient service to
13 give the circuit court jurisdiction of the subject matter of
14 such a suit and jurisdiction over the Authority and its
15 officers named as defendants for the purpose of compelling
16 such payment. Any case, controversy or cause of action
17 concerning the validity of this Article relates to the
18 revenue of the State of Illinois.
19 (c) Notwithstanding the form and tenor of any such
20 bonds, notes or other evidences of indebtedness and in the
21 absence of any express recital on the face thereof that it is
22 non-negotiable, all such bonds, notes and other evidences of
23 indebtedness shall be negotiable instruments. Pending the
24 preparation and execution of any such bonds, notes or other
25 evidences of indebtedness, temporary bonds, notes or
26 evidences of indebtedness may be issued as provided by
27 ordinance.
28 (d) To secure the payment of any or all of such bonds,
29 notes or other evidences of indebtedness, the revenues to be
30 received by the Authority from a lease agreement or loan
31 agreement shall be pledged, and, for the purpose of setting
32 forth the covenants and undertakings of the Authority in
33 connection with the issuance thereof and the issuance of any
34 additional bonds, notes or other evidences of indebtedness
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1 payable from such revenues, income or other funds to be
2 derived from projects, the Authority may execute and deliver
3 a mortgage or trust agreement. A remedy for any breach or
4 default of the terms of any such mortgage or trust agreement
5 by the Authority may be by mandamus proceedings in the
6 appropriate circuit court to compel the performance and
7 compliance therewith, but the trust agreement may prescribe
8 by whom or on whose behalf such action may be instituted.
9 (e) Such bonds or notes shall be secured as provided in
10 the authorizing ordinance which may, notwithstanding any
11 other provision of this Article, include in addition to any
12 other security a specific pledge or assignment of and lien on
13 or security interest in any or all revenues or money of the
14 Authority from whatever source which may by law be used for
15 debt service purposes and a specific pledge or assignment of
16 and lien on or security interest in any funds or accounts
17 established or provided for by ordinance of the Authority
18 authorizing the issuance of such bonds or notes.
19 (f) In the event that the Authority determines that
20 monies of the Authority will not be sufficient for the
21 payment of the principal of and interest on its bonds during
22 the next State fiscal year, the Chairman, as soon as
23 practicable, shall certify to the Governor the amount
24 required by the Authority to enable it to pay such principal
25 of and interest on the bonds. The Governor shall submit the
26 amount so certified to the General Assembly as soon as
27 practicable, but no later than the end of the current State
28 fiscal year. This subsection shall not apply to any bonds or
29 notes as to which the Authority shall have determined, in the
30 resolution authorizing the issuance of the bonds or notes,
31 that this subsection shall not apply. Whenever the Authority
32 makes such a determination, that fact shall be plainly stated
33 on the face of the bonds or notes and that fact shall also be
34 reported to the Governor.
-491- LRB9101253EGfg
1 In the event of a withdrawal of moneys from a reserve
2 fund established with respect to any issue or issues of bonds
3 of the Authority to pay principal or interest on those bonds,
4 the Chairman of the Authority, as soon as practicable, shall
5 certify to the Governor the amount required to restore the
6 reserve fund to the level required in the resolution or
7 indenture securing those bonds. The Governor shall submit the
8 amount so certified to the General Assembly as soon as
9 practicable, but no later than the end of the current state
10 fiscal year.
11 (g) The State of Illinois pledges to and agrees with the
12 holders of the bonds and notes of the Authority issued
13 pursuant to this Section that the State will not limit or
14 alter the rights and powers vested in the Authority by this
15 Article so as to impair the terms of any contract made by the
16 Authority with such holders or in any way impair the rights
17 and remedies of such holders until such bonds and notes,
18 together with interest thereon, with interest on any unpaid
19 installments of interest, and all costs and expenses in
20 connection with any action or proceedings by or on behalf of
21 such holders, are fully met and discharged. In addition, the
22 State pledges to and agrees with the holders of the bonds and
23 notes of the Authority issued pursuant to this Section that
24 the State will not limit or alter the basis on which State
25 funds are to be paid to the Authority as provided in this
26 Act, or the use of such funds, so as to impair the terms of
27 any such contract. The Authority is authorized to include
28 these pledges and agreements of the State in any contract
29 with the holders of bonds or notes issued pursuant to this
30 Section.
31 (h) Not less than 30 days prior to the commitment to
32 issue bonds, notes, or other evidences of indebtedness for
33 the purpose of developing, constructing, acquiring or
34 improving housing or residential projects, as defined in
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1 Section 2003, 3, the Authority shall provide notice to the
2 Executive Director of the Illinois Housing Development
3 Authority. Within 30 days after receipt of the notice, the
4 Illinois Housing Development Authority shall notify the
5 Authority as to its interest in financing the project. If
6 the Illinois Housing Development Authority notifies the
7 Authority that it is not interested in financing the project,
8 the Authority may finance the project or seek alternative
9 financing for the project.
10 (Source: P.A. 86-1489; 87-778; revised 10-31-98.)
11 Section 82. The Illinois Drainage Code is amended by
12 changing Sections 1-2, 3-5, 3-18, 5-5, and 5-20 as follows:
13 (70 ILCS 605/1-2) (from Ch. 42, par. 1-2)
14 Sec. 1-2. Definitions. When used in this Act unless the
15 context requires otherwise:
16 (a) "Clerk", when used without qualifying words, means
17 the clerk of the circuit court acting, ex officio, as clerk
18 of a district.
19 (b) "Court" means the circuit court of the county in
20 which a district was organized.
21 (c) "Ditch" means an artificially constructed open drain
22 or a natural drain which has been artificially improved.
23 (d) "Drain" includes ditch and means any water course or
24 conduit, whether open, covered or enclosed, natural or
25 artificial, or partly natural and partly artificial, by which
26 waters coming or falling upon lands are carried away.
27 (e) "Drainage district" is synonymous with "district"
28 and includes all types of drainage districts organized under
29 this or any prior Act.
30 (f) "Drainage structures" means those structures other
31 than drains, levees and pumping plants which are intended to
32 promote or aid drainage. Such structures may be independent
-493- LRB9101253EGfg
1 from other drainage work or may be a part of or incidental to
2 such work. The term includes, but is not restricted to,
3 catchbasins, bulkheads, spillways, flumes, drop-boxes, pipe
4 outlets, junction boxes and structures the primary purpose of
5 which is to prevent the erosion of soil into a district
6 drain.
7 (g) "Drainage system" means the system by which lands
8 are drained or protected from overflow or both and includes
9 drains, drainage structures, levees and pumping plants.
10 (h) "Land" means real property and includes, but is not
11 restricted to, lots, railroad rights-of-way and easements.
12 (i) "Landowner" or "owner" means the owner of real
13 property and includes an owner of an undivided interest, a
14 life tenant, a remainderman, a public or private corporation,
15 a trustee under an active trust and the holder of the
16 beneficial interest under a land trust, but does not include
17 a mortgagee, a trustee under a trust deed in the nature of a
18 mortgage, a lien holder or a lessee.
19 (j) "Adult landowner" or "adult owner" includes public
20 and private corporations.
21 (k) "Municipal corporation exercising drainage powers"
22 means a sanitary district, city, village or other public body
23 empowered by law to exercise and which is exercising drainage
24 functions.
25 (l) (Blank). ((l) Blank.)
26 (m) "Non-resident" means a person residing outside the
27 county or counties in which the district or any portion
28 thereof is situated.
29 (n) "Registered Professional Engineer" means a
30 professional engineer registered under the provisions of the
31 Professional Engineering Practice Act of 1989.
32 (o) "Sanitary purposes" includes, but is not restricted
33 to, the protection of residential, commercial and industrial
34 property from inundation and overflow.
-494- LRB9101253EGfg
1 (p) Words importing the masculine gender include the
2 feminine.
3 (q) Words importing the singular number include the
4 plural and words importing the plural include the singular.
5 (r) "Farm Drainage Act" means and refers to "An Act to
6 provide for drainage for agricultural and sanitary purposes,
7 and to repeal certain acts therein named", approved June 27,
8 1885, as amended, which Act is repealed by this Act.
9 (s) "Levee Act" means and refers to "An Act to provide
10 for the construction, reparation and protection of drains,
11 ditches and levees across the lands of others, for
12 agricultural, sanitary and mining purposes, and to provide
13 for the organization of drainage districts", approved May 29,
14 1879, as amended, which Act is repealed by this Act.
15 (Source: P.A. 86-297; 86-1475; revised 10-31-98.)
16 (70 ILCS 605/3-5) (from Ch. 42, par. 3-5)
17 Sec. 3-5. Notice of hearing. The clerk of the circuit
18 court shall give notice of the hearing on the petition in the
19 manner provided in Section 3-6. The notice shall be entitled
20 "Drainage Notice" and must state: (a) in what court and on
21 what date the petition was filed; (b) a general description
22 of the proposed work; (c) the boundaries of the proposed
23 district or a description of the lands proposed to be
24 included or the numbers of the sections, including township
25 and range, in which the proposed district, or any part
26 thereof, is situated; (d) the name of the proposed district;
27 and (e) the place, date and hour the petition will be heard.
28 The notice may be substantially in the following form:
29 DRAINAGE NOTICE
30 Public notice is hereby given that on (insert date), the
31 .... day of ...., 19.., there was filed in the Circuit Court
32 of the .... Judicial Circuit, .... County, Illinois, a
33 petition requesting the organization of .... Drainage
-495- LRB9101253EGfg
1 District, in the County (or Counties) of .... and State of
2 Illinois; that the boundaries of the proposed district are as
3 follows: .... (or "that the proposed district is situated in
4 the following sections: ...."); that the work proposed to be
5 undertaken by the district consists of ....; that upon the
6 filing thereof, the petition was presented to the Court and
7 by the Court set for hearing in the .... in the courthouse at
8 ...., Illinois, on (insert date), the .... day of ...., 19..,
9 , .. M., at which time and place all
10 interested parties may appear and be heard if they see fit so
11 to do.
12 Dated (insert date). this .... day of ...., 19...
13 .............................
14 Clerk of the Circuit Court of
15 the ....... Judicial Circuit,
16 ............ County, Illinois
17 (Source: Laws 1965, p. 678; revised 10-20-98.)
18 (70 ILCS 605/3-18) (from Ch. 42, par. 3-18)
19 Sec. 3-18. Notice of hearing on report. If the temporary
20 commissioners recommend in their report that the district be
21 organized and that additional land be included in the
22 proposed district, they shall file with their report their
23 affidavit setting forth the names and addresses of the owners
24 of such land, if known, or, if unknown, then the names and
25 addresses of the person who last paid the general taxes on
26 such land as shown by the collector's books in the county in
27 which such land is situated, and the petitioners or the clerk
28 of the court shall, at least 10 days before the date fixed
29 for hearing, mail a notice thereof to each such person at his
30 address as set forth in the affidavit. Notices shall be
31 mailed and proof made in the manner provided in Section 3-6.
32 The notice shall be entitled "Drainage Notice" and must state
33 (a) the general nature of the proceedings and in what court
-496- LRB9101253EGfg
1 they are pending, (b) the general location of the proposed
2 district, (c) a general description of the system of drainage
3 recommended, (d) the description of the additional land
4 proposed to be included, and (e) the date and hour fixed for
5 the hearing on the report.
6 The notice may be substantially in the following form:
7 DRAINAGE NOTICE
8 To the owners of the lands hereinafter described:
9 You are hereby notified that there is pending in the
10 Circuit Court of the .... Judicial Circuit, .... County,
11 Illinois, the report of the temporary commissioners in the
12 matter of the petition for the organization of .... Drainage
13 District, in the County (or Counties) of .... and State of
14 Illinois; that the general location of the proposed district
15 is ....; that the work recommended to be undertaken in the
16 proposed district by the temporary commissioners consists of
17 ....; and that the temporary commissioners have recommended
18 that in addition to the lands described in the petition,
19 there be included in the districts the lands described as
20 follows: ........................
21 You are further notified that the report of the temporary
22 commissioners is set for hearing in the .... in the
23 Courthouse at .... Illinois, on (insert date), the .... day
24 of ...., 19.., at the hour of .... .. M., at which time and
25 place you may appear and be heard if you see fit so to do.
26 Dated (insert date). this .... day of .... 19...
27 .................................
28 Clerk of the Circuit Court of the
29 ............... Judicial Circuit,
30 ............... County, Illinois.
31 (Source: P.A. 86-297; revised 10-20-98.)
32 (70 ILCS 605/5-5) (from Ch. 42, par. 5-5)
33 Sec. 5-5. Original assessments - Notice of hearing -
-497- LRB9101253EGfg
1 Contents of notice. The clerk of the court shall give notice
2 of the hearing on the assessment roll in the manner and for
3 the length of time provided in Section 5-6. The notice shall
4 be entitled "Drainage Notice" and must state (a) in what
5 court and on what date the assessment roll was filed, (b) the
6 name of the district, (c) the total amount of benefits
7 proposed to be levied, (d) the total amount of damages, if
8 any, to be allowed, (e) the total amount of compensation
9 proposed to be allowed, if any, (f) if an annual maintenance
10 assessment is proposed to be levied, the total amount of such
11 annual maintenance assessment, and (g) the date, place and
12 hour the hearing will be held.
13 The notice may be substantially in the following form:
14 DRAINAGE NOTICE
15 Public notice is hereby given that on (insert date), the
16 .... day of ...., 19.., an assessment roll was filed in the
17 Circuit Court of the .... Judicial Circuit,.... County,
18 Illinois, by the commissioners of .... drainage District;
19 that the total amount of the assessments of benefits
20 contained in the assessment roll is $...., the total amount
21 of damages proposed to be allowed contained in the assessment
22 roll is $...., and the total amount of compensation proposed
23 to be allowed contained in the assessment roll is $....; (if
24 an annual maintenance assessment is included in the
25 assessment roll, then insert here the statement "that the
26 total amount of the annual maintenance assessment contained
27 in the assessment roll is $....";) and that upon the filing
28 of such assessment roll, the same was presented to the court
29 and by the court set for hearing before the Circuit Court in
30 the courthouse at ...., Illinois, on (insert date), the ....
31 day of ...., 19.., at the hour of .... .. M., at which time
32 and place all interested persons may appear and be heard upon
33 all questions of benefits, damages and compensation if they
34 see fit to do so.
-498- LRB9101253EGfg
1 Dated (insert date). this .... day of ...., 19..
2 .............................
3 Clerk of the Circuit Court of
4 the ....... Judicial Circuit,
5 ........... County, Illinois.
6 (Source: Laws 1965, p. 678; revised 10-20-98.)
7 (70 ILCS 605/5-20) (from Ch. 42, par. 5-20)
8 Sec. 5-20. Annual maintenance assessments - Certificate
9 of levy - Extension of assessment. During the month of
10 November in each year, the commissioners of each district in
11 which an annual maintenance assessment roll has been approved
12 or confirmed shall determine whether it is necessary to
13 collect all or any portion of the annual maintenance
14 assessment for repair and maintenance work or the operation
15 of pumping plants during the ensuing calendar year. If they
16 determine that it is necessary to collect all or a portion of
17 such assessment, then they shall, before the first of
18 December, file with the clerk of the circuit court of the
19 county in which the district was organized a certificate of
20 levy, setting forth the amount of money needed by them for
21 the performance of such work during the ensuing year which
22 amount shall in no event exceed the total of the annual
23 maintenance assessment roll as confirmed by the court and, if
24 the amount so levied be less than the total amount which they
25 are authorized to levy, then the percentage which the amount
26 so levied bears to the total amount authorized, which
27 certificate may be in the following form:
28 CERTIFICATE OF LEVY OF ANNUAL
29 MAINTENANCE ASSESSMENT
30 To ...., Clerk of the Circuit Court:
31 The undersigned commissioners of .... Drainage District
32 do hereby certify that they require the sum of .... Dollars,
33 to be levied as an annual maintenance assessment upon the
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1 lands and other property and other districts and municipal
2 corporations subject to assessment by the district. Such sum
3 is to be used for the performance of annual maintenance work
4 (and pumping plant operation) during the ensuing calendar
5 year and represents ....% of the total amount of the annual
6 maintenance assessment authorized to be levied by the Circuit
7 Court of this county by its order duly given or made on
8 (insert date). the .... day of ...., 19...
9 Dated (insert date). this .... day of November, 19...
10 ........................
11 ........................
12 ........................
13 Commissioners.
14 The owner of any land or other property which is subject
15 to an annual maintenance assessment may object to the amount
16 levied by the commissioners in any year by filing written
17 objections with the court on or before the 10th day of
18 December following the filing of the certificate of levy.
19 Upon the filing of the objections they shall be presented to
20 the court, which shall fix the date and hour for hearing. The
21 objecting landowner or landowners shall give each of the
22 commissioners at least 3 days notice of the hearing by
23 personal service or by mail which notice shall have attached
24 thereto a copy of the objections filed. The objections shall
25 be heard and determined by the court prior to the 20th day of
26 December. Upon such hearing the court may confirm the levy
27 without change or reduce the levy and confirm the same as so
28 reduced. No appeal shall lie from the order of the court but
29 the objectors shall not be precluded from raising the same
30 objections on the Collector's application for judgment and
31 order of sale for delinquent annual maintenance assessments.
32 If no objections are filed by the 10th day of December or if
33 the court fails to hear and determine the filed objections by
34 the 20th day of December then the certificate of levy shall
-500- LRB9101253EGfg
1 stand as confirmed without further action by the court.
2 If the amount levied in any year is less than the total
3 amount of the annual maintenance assessment roll, then the
4 individual assessments shall abate proportionately. Upon the
5 confirmation of the levy, whether by order of the court or by
6 the failure of any landowner to file written objections or by
7 the failure of the court to determine objections, the clerk
8 of the circuit court shall, except in the case of those
9 districts which have appointed as their collectors persons
10 other than the county collector, deliver a certified copy of
11 the certificate of levy, together with a certified copy of
12 the order of the court, if any, thereon, to the county clerk,
13 who shall extend the same on the county collector's books in
14 appropriate columns, and the amounts so extended shall be
15 collected at the same time and in the same manner as general
16 taxes and, when so collected, shall be paid over to the
17 district treasurer in the same manner as taxes of municipal
18 corporations. When the district is situated in more than one
19 county, the clerk of the circuit court of the county in which
20 the district is organized shall deliver to the county clerk
21 of each of such counties a certified copy of the certificate
22 of levy, together with a certified copy of the order of the
23 court, if any thereon, and the county clerks of such counties
24 shall extend the levy against the portion of the lands and
25 property in the district in his county on the collector's
26 books in his office, as above set forth, and the collection
27 and distribution thereof in that county shall be accomplished
28 in the same manner as in districts situated in a single
29 county. In extending annual maintenance assessments in the
30 county collector's books, when the tracts described in the
31 assessment roll do not coincide with the tracts described in
32 the collector's books but the description in the collector's
33 books includes the description on the assessment roll, then
34 the clerk may include the assessment against the smaller
-501- LRB9101253EGfg
1 tract with the taxes against the larger tract, but such
2 authority shall be procedural only and shall not be construed
3 to extend the lien of the assessment against the larger tract
4 or upon any land or property other than that against which
5 the assessment was actually confirmed. When the tract
6 described in the assessment roll is larger than the tract
7 described in the collector's book, then the assessment
8 against such tract shall be divided in the collector's books
9 proportionately.
10 In those districts which have appointed as their
11 collectors persons other than the county collector, the clerk
12 shall certify a copy of the certificate of levy and the order
13 of the court, if any, to the district collector, who shall
14 then be charged with the duty of billing and collecting the
15 annual maintenance assessment so levied as in the case of
16 original and additional assessments.
17 In all cases, it shall be the duty of the district
18 collector to collect assessments against other districts and
19 municipal corporations and against property not appearing in
20 the county collector's books.
21 (Source: P.A. 84-886; revised 10-20-98.)
22 Section 83. The Fire Protection District Act is amended
23 by changing Section 16c as follows:
24 (70 ILCS 705/16c) (from Ch. 127 1/2, par. 37c)
25 Sec. 16c. Territory included within the limits of any
26 fire protection district may be disconnected from the
27 district and organized in a new fire protection district in
28 the manner hereinafter set forth (1) if the territory would
29 receive equal or greater benefits from the district into
30 which it seeks to be organized; (2) if the disconnection will
31 not cause the territory remaining in the district from which
32 the territory is to be disconnected, to be noncontiguous; (3)
-502- LRB9101253EGfg
1 if the trustees of the district from which the territory is
2 to be disconnected consent thereto; (4) if the territory to
3 be disconnected meets the requirements for organization as
4 provided in Section 1 of this Act. One percent or more of
5 the legal voters residing within the limits of the territory
6 proposed to be disconnected and organized in a new district
7 may file a petition in the circuit court of the county where
8 such territory is located setting forth: (1) the description
9 of the territory sought to be disconnected and organized in a
10 new district; (2) facts disclosing that the territory
11 described meets the requirements for organization of a new
12 district as provided in Section 1 of this Act; (3) that the
13 territory would receive equal or greater benefits from the
14 district in which it seeks to be organized; (4) that the
15 disconnection will not cause the territory remaining in the
16 district from which the territory is to be disconnected, to
17 be noncontiguous nor impair such district from rendering fire
18 protection service to the territory remaining in the
19 district; (5) that the trustees of the district from which
20 the territory is to be disconnected consent thereto (a
21 certified copy of a resolution of the trustees evidencing
22 their consent to such disconnection and adopted not more than
23 90 days prior to the filing of the petition shall be attached
24 to and made a part of the petition); and (6) the name of the
25 proposed district; and requesting that the question of
26 whether the territory shall be disconnected from the district
27 in which it is presently situated and organized in a new
28 district be submitted to the voters of the territory sought
29 to be disconnected.
30 Upon the filing of the petition, the court shall set a
31 date for hearing not less than 2 weeks, nor more than 4 weeks
32 from the filing thereof, and the court, or the clerk of the
33 court, upon order of the court, shall give 2 weeks' notice of
34 such hearing in one or more newspapers, either daily or
-503- LRB9101253EGfg
1 weekly, of general circulation in the district from which the
2 territory is sought to be disconnected and in the territory
3 sought to be disconnected, and by posting at least 10 copies
4 of the notice in conspicuous places in the district, and at
5 least 10 copies of the notice in conspicuous places in the
6 territory which is sought to be disconnected therefrom, and,
7 in addition, shall cause a copy of the notice to be
8 personally served upon each of the trustees of the district
9 from which the territory is sought to be disconnected.
10 At any time prior to the date set for the hearing or
11 within such additional time as may be granted by the court,
12 the trustees of the district from which disconnection is
13 sought may file a revocation of their consent to the proposed
14 disconnection and in case of such revocation of consent, the
15 court shall enter an order dismissing the petition for
16 disconnection. The trustees may withdraw their revocation or
17 give their new consent to the disconnection of the territory
18 at any time prior to the entry of an order dismissing the
19 petition. In case no revocation of consent is filed, the
20 court shall proceed with the matter as herein provided, but
21 if the court finds that any of the conditions herein required
22 for the disconnection and organization do not exist, it shall
23 enter an order dismissing the petition.
24 At the hearing any person residing in or having an
25 interest in any of the property sought to be disconnected may
26 appear and be heard and both objectors and petitioners may
27 offer any competent evidence as to the matters averred in the
28 petition.
29 If the court shall, upon hearing the petition, find that
30 the territory described therein meets all of the conditions
31 hereinbefore set forth and complies with this Section, it
32 shall certify to the proper election officials the question
33 of whether the territory shall be disconnected from the
34 district in which it is presently located and organized in a
-504- LRB9101253EGfg
1 new fire protection district, and its order, and such
2 election officials shall submit that question at an election
3 in such territory in accordance with the general election
4 law.. The proposition shall be in substantially the
5 following form:
6 -------------------------------------------------------------
7 For disconnecting from the
8 .... fire protection
9 district and organizing the
10 .... fire protection
11 district and retaining a
12 proportionate share of the
13 bonded indebtedness, if any,
14 of the former district.
15 -------------------------------------------------------------
16 Against disconnecting from the
17 .... fire protection
18 district and organizing the
19 .... fire protection
20 district and retaining a
21 proportionate share of the
22 bonded indebtedness, if any,
23 of the former district.
24 -------------------------------------------------------------
25 If a majority of the votes cast upon the question of
26 disconnecting the territory and organizing a new district
27 shall be in favor of the disconnection and organization, the
28 territory shall thenceforth cease to be a part of the fire
29 protection district to which it was attached and shall become
30 a new fire protection district, provided that the
31 disconnected territory shall remain liable for its
32 proportionate share of the bonded indebtedness outstanding as
33 of the date of disconnection, if any, of the district from
34 which it was disconnected. The court shall cause a written
-505- LRB9101253EGfg
1 statement of the results of such an election to be filed of
2 record in the court and shall enter an order accordingly, and
3 shall also cause to be sent to the county clerk of all
4 counties in which any portion of the new district lies and to
5 the Office of the State Fire Marshal a certified copy of the
6 order organizing such district and a plat of the same
7 indicating what lands of the district lie in such county or
8 counties. The new district shall be organized and the
9 trustees appointed in the same manner as provided in Section
10 4, and such district and its trustees shall have like powers
11 and responsibilities as any new district organized under this
12 Act.
13 (Source: P.A. 83-343; revised 2-24-98.)
14 Section 84. The Fire Protection of Unprotected Area Act
15 is amended by changing Section 2 as follows:
16 (70 ILCS 715/2) (from Ch. 127 1/2, par. 302)
17 Sec. 2. After December 31, 1975, all unprotected areas
18 of unincorporated portions of counties of less than 500,000
19 inhabitants, shall be eligible for assignment by the Fire
20 Marshal of fire protection coverage by the Fire Marshal, -
21 from a fire protection district. Incorporated areas, and
22 municipal fire departments, shall be exempt from the
23 provisions of this Act.
24 (Source: P.A. 79-1054; revised 10-31-98.)
25 Section 85. The Downstate Forest Preserve District Act
26 is amended by changing Section 2 as follows:
27 (70 ILCS 805/2) (from Ch. 96 1/2, par. 6303)
28 Sec. 2. The proposition shall be substantially in the
29 following form:
30 -------------------------------------------------------------
-506- LRB9101253EGfg
1 "Shall there be organized a forest
2 preserve district in accordance with
3 the order of the judge of the circuit
4 court of .... county, dated (insert YES
5 date), under the date of the
6 .... day of ...., 19...,
7 to be known as (insert here
8 the name of the proposed district as ------------------
9 entered in the order of the judge of
10 the circuit court) and described as
11 follows: (insert description of the NO
12 proposed district as entered in the
13 order of the judge of the circuit
14 court)?"[?]
15 -------------------------------------------------------------
16 The clerk of the circuit court of the county shall cause
17 a statement of the result of the referendum in the proposed
18 district to be filed in the records of the circuit court of
19 the county, and if a majority of the votes cast in the
20 proposed district upon the question is found to be in favor
21 of the organization of a forest preserve district, the
22 proposed forest preserve district shall thenceforth be deemed
23 an organized forest preserve district under this Act.
24 (Source: P.A. 90-655, eff. 7-30-98; revised 10-19-98.)
25 Section 86. The Tuberculosis Sanitarium District Act is
26 amended by changing Section 2 as follows:
27 (70 ILCS 920/2) (from Ch. 23, par. 1702)
28 Sec. 2. The proposition shall be substantially in the
29 following form:
30 -------------------------------------------------------------
31 "Shall there be organized a
32 tuberculosis sanitarium district in
-507- LRB9101253EGfg
1 accordance with the order of the YES
2 circuit court of .... county, dated
3 (insert date), under the date
4 of the .... day of .... 19.. --------------------------
5 to be known as (insert here the name of the
6 proposed district as entered in the order NO
7 of the court) and described as follows:
8 (Insert description of proposed district as
9 entered in the order of the circuit court)."
10 -------------------------------------------------------------
11 A statement of the result of such referendum in each
12 district shall be entered of record in the court, and if a
13 majority of the votes cast in any district upon such question
14 is found to be in favor of the organization of such
15 tuberculosis sanitarium district, such tuberculosis
16 sanitarium district shall thenceforth be deemed an organized
17 tuberculosis sanitarium district under this Act.
18 (Source: P.A. 83-343; revised 10-19-98.)
19 (70 ILCS 1105/0.01 rep.) (from Ch. 85, par. 6800)
20 Section 87. The Museum District Act is amended by
21 repealing Section 0.01.
22 Section 88. The Park District Code is amended by
23 changing Section 10-7d as follows:
24 (70 ILCS 1205/10-7d) (from Ch. 105, par. 10-7d)
25 Sec. 10-7d. If a majority of the voters in any park
26 district voting on the question at a referendum held for that
27 purpose votes in favor of selling such property under
28 Sections 10-7 to 10-7d hereof, inclusive, the governing board
29 shall, proceed to sell such property at public auction after
30 first giving two weeks' notice of the time and place and
31 terms of said sale by notice published two successive weeks,
-508- LRB9101253EGfg
1 once each week, the first publication to be not less than
2 fifteen days prior to the date fixed for said sale, in a
3 newspaper published and of general circulation in said
4 district, if there be such a newspaper. If there be no such
5 newspaper, then such publication may be had in a newspaper of
6 general circulation in the district, if any, or if none, then
7 by posting in not less than ten public places in such
8 district. Said board shall sell said property to the highest
9 responsible bidder at said auction and notice of sale shall
10 be in substantially the following form:
11 NOTICE OF SALE
12 Notice is hereby given that on (insert date), the .... day of
13 ...., 19.., the .... Park District will sell at public sale
14 at .... at the hour of .... o'clock ...M. the following
15 described property:
16 (Here describe property)
17 The terms of the sale shall be as follows:
18 (Here insert terms upon which property shall be sold).
19 By order of the Board of .... Park District.
20 .... (President of .... Park District)
21 Prior to directing notice for sale the board shall adopt
22 a resolution fixing the time for the sale, specifying the
23 terms of the sale which shall not be less than one-third of
24 the purchase price in cash and the balance in 2 equal
25 payments due not more than 6 months and 12 months from date
26 of sale.
27 In the event no bids are received at such sale, said
28 property may, without another referendum on such question,
29 again be advertised for sale at any time within 12 months
30 from date of the first sale, in the manner hereinabove
31 provided. The Board may reserve the right to reject any or
32 all bids and advertise for resale. In the event said
33 property is not sold within 12 months from date of the first
34 public sale, said property shall not be sold until a new
-509- LRB9101253EGfg
1 resolution is adopted with new opportunity for referendum on
2 such question by the voters.
3 Any deed, subject to the provisions of Sections 10-7a to
4 this Section 10-7d, inclusive, shall be executed by the
5 president and secretary of the district and shall be
6 deposited in escrow with the treasurer of said district, and
7 shall not be released to the purchaser of said property or
8 recorded until the purchase price therefor has been deposited
9 in full with said treasurer. Any proceeds derived from the
10 sale of such property shall become a part of the general
11 corporate funds of said district.
12 (Source: P.A. 81-1489; revised 10-20-98.)
13 Section 89. The Lincoln Park Commissioners Land
14 Condemnation Act is amended by changing Section 3 as follows:
15 (70 ILCS 1570/3) (from Ch. 105, par. 81)
16 Sec. 3. The commissioners of Lincoln Park may, by be
17 contract with or deeds from the owner or owners thereof,
18 acquire the riparian rights appurtenant to the shore lands
19 adjacent to and adjoining the submerged lands so granted and
20 so much of the shore lands and interests therein and such
21 right to impose restrictions upon the use thereof as to the
22 commissioners of Lincoln Park shall seem necessary and
23 desirable and in acquiring such rights and interests the
24 commissioners of Lincoln Park may agree with such owner or
25 owners upon a boundary line dividing the submerged and
26 adjacent and adjoining lands to be held and used for the
27 proposed park, boulevard, or driveway extension and the
28 submerged and adjacent and adjoining lands to be retained and
29 held by such owner or owners in lieu of and as compensation
30 for the release of such riparian and other rights and shore
31 lands and interests therein to the Commissioners of Lincoln
32 Park. In all cases where the Commissioners of Lincoln Park
-510- LRB9101253EGfg
1 shall have acquired or contracted to acquire such shore lands
2 and interests therein and riparian and other rights
3 appurtenant thereto or shall have agreed with any owner or
4 owners upon a boundary line as hereinabove provided, the
5 owner or owners of such shore lands and interests therein and
6 riparian and other rights appurtenant thereto may file a
7 complaint in the Circuit Court of the county in which the
8 lands are situated, in which complaint the Commissioners of
9 Lincoln Park shall be made defendants, praying that the
10 boundary line between the lands of the plaintiffs in the
11 action and the lands acquired by the Commissioners of Lincoln
12 Park under this Act, may be established and defined by the
13 judgment of the Circuit Court. The defendant shall be served
14 with process in the action so instituted in the same manner
15 as in other civil cases, and the proceedings in the cause may
16 be conducted in the same manner as in other civil cases, and
17 the court shall have power by its final judgment in the cause
18 to establish the dividing or boundary line between the lands
19 of the plaintiffs and the lands of the Commissioners of
20 Lincoln Park adjacent thereto, and the line so established by
21 the judgment of the Circuit Court shall be the permanent
22 boundary line of the shore lands which shall not be affected
23 or changed thereafter, either by accretions or erosions, and
24 the owners of the shore lands shall have the right to
25 improve, protect, sell and convey the shore lands up to the
26 boundary line so established, free from any adverse claim in
27 any way arising out of any question as to where the shore
28 line was at any time in the past or as to the title of
29 existing accretions, if any, to the shore land. In the event
30 that any owner or party interested in any of the shore lands
31 shall be unable to contract with the Commissioners of Lincoln
32 Park by reason of minority or other disability, a complaint
33 may be filed by the guardian or next friend or other legal
34 representative of such owner in the circuit court in the
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1 county in which such lands are situated, in which the
2 Commissioners of Lincoln Park shall be made defendant,
3 praying that such proceedings may be had and such order or
4 judgment entered as may be necessary or proper to protect the
5 interests of the plaintiff in the shore lands. The defendant
6 shall be served with process in the same manner as in other
7 civil cases and the proceedings in the cause shall be
8 conducted in the same manner as in other civil cases, and the
9 court shall have power by its final judgment upon such terms
10 and conditions as it may deem reasonable and fair, to
11 transfer to the Commissioners of Lincoln Park all the
12 riparian rights of the plaintiff, and also to establish the
13 boundary line between the lands owned by the plaintiff, and
14 the lands of the Commissioners of Lincoln Park.
15 (Source: P.A. 83-345; revised 10-31-98.)
16 Section 90. The Havana Regional Port District Act is
17 amended by changing Section 4 as follows:
18 (70 ILCS 1805/4) (from Ch. 19, par. 604)
19 Sec. 4. The Port District has the following functions,
20 powers and duties:
21 (a) to study the existing harbor facilities within the
22 area of the Port District and recommend to appropriate
23 governmental agencies, including the General Assembly of
24 Illinois, such changes and modifications as may from time to
25 time be required for continuing development therein and to
26 meet changing business and commercial needs;
27 (b) to make an investigation of conditions within the
28 Port District and prepare and adopt a comprehensive plan for
29 the development of port facilities for the Port District. In
30 preparing and recommending changes and modifications in
31 existing harbor facilities, or a comprehensive plan for the
32 development of such port facilities, the Port District, if
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1 deemed desirable, may set aside and allocate an area or
2 areas, within the lands owned by the Port District, to be
3 leased to private parties for industrial, manufacturing,
4 commercial, or harbor purposes, where such area or areas in
5 the opinion of the Board, are not required for primary
6 purposes in the development of harbor and port facilities for
7 the use of public water and land transportation, or will not
8 be needed immediately for such purposes, and where such
9 leasing in the opinion of the Board will aid and promote the
10 development of terminal and port facilities;
11 (c) to issue permits for the construction of wharves,
12 piers, dolphins, booms, weirs, breakwaters, bulkheads,
13 jetties, bridges or other structures of any kind in any
14 navigable waters within the Port District or for the deposit
15 of rock, earth, sand or other material, or any matter of any
16 kind or description in such waters and to regulate beyond the
17 limits or jurisdiction of any municipality the anchorage,
18 moorage and speed of vessels and to establish and enforce
19 regulations for the operation of bridges; provided, however,
20 that any permit issued or regulation established or adopted
21 by the Port District shall be subject to the paramount
22 authority of the Federal Government to regulate navigation
23 and the Department of Natural Resources of the State of
24 Illinois under the Rivers, Lakes, and Streams Act;.
25 (d) to acquire, own, construct, lease and maintain port
26 and water terminal facilities and transportation facilities
27 thereto within the Port District, and, subject to the
28 provisions of Section 5 of this Act, to operate or contract
29 for the operation of such facilities, and to fix and collect
30 just, reasonable, and non-discriminatory charges or rentals
31 for the use of such facilities. The charges or rentals so
32 collected shall be deposited in the treasury of the Port
33 District, and be used to defray the reasonable expenses of
34 the Port District, and to pay the principal and interest upon
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1 any revenue bonds issued by the Port District;
2 (e) to enter into contracts dealing in any manner with
3 the objects and purposes of this Act.
4 (Source: P.A. 89-445, eff. 2-7-96; revised 10-31-98.)
5 Section 91. The Illinois International Port District Act
6 is amended by changing Section 4 as follows:
7 (70 ILCS 1810/4) (from Ch. 19, par. 155)
8 Sec. 4. It shall be the duty of the Port District:
9 (a) To study the existing harbor plans within the area
10 of the Port District and to recommend to the appropriate
11 governmental agency, including the General Assembly of
12 Illinois, such changes and modifications as may from time to
13 time be required by the continuing development therein and to
14 meet changing business and commercial needs.
15 (b) To make an investigation of conditions within the
16 area of the Port District and to prepare and adopt a
17 comprehensive plan for the development of the port facilities
18 for the said Port District. In preparing and recommending
19 changes and modifications in existing harbor plans, or a
20 comprehensive plan for the development of said port
21 facilities, as above provided, the District may if it deems
22 desirable set aside and allocate an area, or areas, within
23 the lands held by it, to be used and operated by the District
24 or leased to private parties for industrial, manufacturing,
25 commercial, recreational, or harbor purposes, where such area
26 or areas are not, in the opinion of the District, required
27 for its primary purposes in the development of harbor and
28 port facilities for the use of public water and land
29 transportation, or will not be immediately needed for such
30 purposes, and where such use and operation or leasing will in
31 the opinion of the District aid and promote the development
32 of terminal and port facilities.
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1 (c) To study and make recommendations to the proper
2 authority for the improvement of terminal, lighterage,
3 wharfage, warehousing, transfer and other facilities
4 necessary for the promotion of commerce and the interchange
5 of traffic within, to and from the Port District.;
6 (d) To study, prepare and recommend by specific
7 proposals to the General Assembly of Illinois changes in the
8 jurisdiction of the Port District.;
9 (e) To petition any federal, state, municipal or local
10 authority, administrative, judicial and legislative, having
11 jurisdiction in the premises, for the adoption and execution
12 of any physical improvement, change in method, system of
13 handling freight, warehousing, docking, lightering and
14 transfer of freight, which in the opinion of the Port
15 District may be designed to improve or better the handling of
16 commerce in and through the Port District or improve terminal
17 or transportation facilities therein.;
18 (f) To foster, stimulate and promote the shipment of
19 cargoes and commerce through such ports, whether originating
20 within or without the State of Illinois.;
21 (g) To acquire, construct, own, lease and develop
22 terminals, wharf facilities, piers, docks, warehouses, bulk
23 terminals, grain elevators, tug boats and other harbor
24 crafts, and any other port facility or port-related facility
25 or service as it finds necessary and convenient.;
26 (h) To perform any other act or function which may tend
27 to or be useful toward development and improvement of
28 harbors, sea ports, and port-related facilities and services
29 and to increase foreign and domestic commerce through the
30 harbors and ports within the City of Chicago.
31 (Source: P.A. 88-539; revised 10-31-98.)
32 Section 92. The Jackson-Union Counties Regional Port
33 District Act is amended by changing Section 4 as follows:
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1 (70 ILCS 1820/4) (from Ch. 19, par. 854)
2 Sec. 4. The Port District has the following rights and
3 powers:
4 1. To issue permits: for the construction of all
5 wharves, piers, dolphins, booms, weirs, breakwaters,
6 bulkheads, jetties, bridges or other structures of any kind,
7 over, under, in, or within 40 feet of any navigable waters
8 within the Port District; for the deposit of rock, earth,
9 sand or other material, or any matter of any kind or
10 description in said waters; except that nothing contained in
11 this paragraph 1 shall be construed so that it will be deemed
12 necessary to obtain a permit from the District for the
13 erection, operation or maintenance of any bridge crossing a
14 waterway which serves as a boundary between the State of
15 Illinois and any other state, when said erection, operation
16 or maintenance is performed by any city within the District;
17 2. To prevent or remove obstructions in navigable
18 waters, including the removal of wrecks;
19 3. To locate and establish dock lines and shore or
20 harbor lines;
21 4. To regulate the anchorage, moorage and speed of water
22 borne vessels and to establish and enforce regulations for
23 the operation of bridges, except nothing contained in this
24 paragraph 4 shall be construed to give the District authority
25 to regulate the operation of any bridge crossing a waterway
26 which serves as a boundary between the State of Illinois and
27 any other state, when such operation is performed or to be
28 performed by any city within the District;
29 5. To acquire, own, construct, lease, operate and
30 maintain terminals, terminal facilities and port facilities,
31 and to fix and collect just, reasonable and nondiscriminatory
32 charges for the use of such facilities. The charges so
33 collected shall be used to defray the reasonable expenses of
34 the Port District and to pay the principal of and interest on
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1 any revenue bonds issued by the District;
2 6. To locate, establish and maintain a public airport,
3 public airports and public airport facilities within its
4 corporate limits or within or upon any body of water adjacent
5 thereto, and to construct, develop, expand, extend and
6 improve any such airport or airport facility;
7 7. To operate, maintain, manage, lease, sublease, and to
8 make and enter into contracts for the use, operation or
9 management of, and to provide rules and regulations for, the
10 operation, management or use of, any public airport or public
11 airport facility;
12 8. To fix, charge and collect reasonable rentals, tolls,
13 fees, and charges for the use of any public airport, or any
14 part thereof, or any public airport facility;
15 9. To establish, maintain, extend and improve roadways
16 and approaches by land, water or air to any such airport and
17 to contract or otherwise provide, by condemnation if
18 necessary, for the removal of any airport hazard or the
19 removal or relocation of all private structures, railways,
20 mains, pipes, conduits, wires, poles, and all other
21 facilities and equipment which may interfere with the
22 location, expansion, development, or improvement of airports
23 or with the safe approach thereto or takeoff therefrom by
24 aircraft, and to pay the cost of removal or relocation; and,
25 subject to the "Airport Zoning Act", approved July 17, 1945,
26 as amended, to adopt, administer and enforce airport zoning
27 regulations for territory which is within its corporate
28 limits or which extends not more than 2 miles beyond its
29 corporate limits;
30 10. To restrict the height of any object of natural
31 growth or structure or structures within the vicinity of any
32 airport or within the lines of an approach to any airport
33 and, when necessary, for the reduction in the height of any
34 such existing object or structure, to enter into an agreement
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1 for such reduction or to accomplish same by condemnation;
2 11. To agree with the State or federal governments or
3 with any public agency in respect to the removal and
4 relocation of any object of natural growth, airport hazard or
5 any structure or building within the vicinity of any airport
6 or within an approach and which is owned or within the
7 control of such government or agency and to pay all or an
8 agreed portion of the cost of such removal or relocation;
9 12. For the prevention of accidents, for the furtherance
10 and protection of public health, safety and convenience in
11 respect to aeronautics, for the protection of property and
12 persons within the District from any hazard or nuisance
13 resulting from the flight of aircraft, for the prevention of
14 interference between, or collision of, aircraft while in
15 flight or upon the ground, for the prevention or abatement of
16 nuisances in the air or upon the ground or for the extension
17 of increase in the usefulness or safety of any public airport
18 or public airport facility owned by the District, the
19 District may regulate and restrict the flight of aircraft
20 while within or above the incorporated territory of the
21 District;
22 13. To police its physical property only and all
23 waterways and to exercise police powers in respect thereto or
24 in respect to the enforcement of any rule or regulation
25 provided by the ordinances of the District and to employ and
26 commission police officers and other qualified persons to
27 enforce the same. The use of any such public airport or
28 public airport facility of the District shall be subject to
29 the reasonable regulation and control of the District and
30 upon such reasonable terms and conditions as shall be
31 established by its Board. A regulatory ordinance of the
32 District adopted under any provisions of this Section may
33 provide for a suspension or revocation of any rights or
34 privileges within the control of the District for a violation
-518- LRB9101253EGfg
1 of any such regulatory ordinance. Nothing in this Section or
2 in other provisions of this Act shall be construed to
3 authorize the Board to establish or enforce any regulation or
4 rule in respect to aviation, or the operation or maintenance
5 of any airport facility within its jurisdiction, which is in
6 conflict with any federal or state law or regulation
7 applicable to the same subject matter;
8 14. To enter into agreements with the corporate
9 authorities or governing body of any other municipal
10 corporation or any political subdivision of this State to pay
11 the reasonable expense of services furnished by such
12 municipal corporation or political subdivision for or on
13 account of income producing properties of the District;
14 15. To enter into contracts dealing in any manner with
15 the objects and purposes of this Act;
16 16. To acquire, own, lease, sell or otherwise dispose of
17 interests in and to real property and improvements situated
18 thereupon and in personal property necessary to fulfill the
19 purposes of the District;
20 17. To designate the fiscal year for the District;
21 18. To engage in any activity or operation which is
22 incidental to and in furtherance of efficient operation to
23 accomplish the District's primary purpose;
24 19. To build, construct, repair and maintain levees;.
25 20. To enter into agreements with banks and other
26 lending institutions guaranteeing the contract performance of
27 a person or other business entity doing or planning to do
28 business in the Jackson County and Union County area;.
29 21. To make and give grants to a person or business
30 entity doing or planning to do business in the Jackson County
31 and Union County area;.
32 22. To acquire, own, construct, lease, operate, and
33 maintain industrial plants and facilities, including, but not
34 limited to, ethanol plants and facilities, and the
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1 by-products therefrom, within the confines of Jackson County
2 and Union County. The charges so collected shall be used to
3 defray the reasonable expenses of the Port District and to
4 pay the principal and interest of any revenue bonds issued by
5 the district.
6 (Source: P.A. 89-29, eff. 6-23-95; 89-78, eff. 6-30-95;
7 revised 10-31-98.)
8 Section 93. The Sanitary District Act of 1917 is amended
9 by changing Sections 22a.18, 22a.36, and 25 as follows:
10 (70 ILCS 2405/22a.18) (from Ch. 42, par. 317d.19)
11 Sec. 22a.18. Notice by publication. Petitioner, in
12 addition to other required notices, shall publish a notice at
13 least twice, not more than 30 nor less than 15 days in
14 advance of the time at which confirmation of the specified
15 assessment is to be sought, in a newspaper having a general
16 circulation within the district. The notice may be
17 substantially as follows:
18 "SPECIAL ASSESSMENT NOTICE
19 Notice is hereby given to all persons interested that the
20 board of trustees of the ........ sanitary district having
21 ordered that (here insert a brief description of the nature
22 of the improvement), the ordinance for the improvement being
23 on file in the office of the district clerk, having applied
24 to the circuit court of ....... County for an assessment of
25 the costs of the improvement, according to benefits, and an
26 assessment therefor having been made and returned to that
27 court, the final hearing thereon will be had on (insert
28 date), the ..... day of ........., 19...., at .......
29 o'clock, or as soon thereafter as the business of the court
30 will permit. All persons desiring may file objections in
31 that court before that day and may appear on the hearing and
32 make their defense."
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1 Where the assessment is payable in installments, the
2 number of installments and the rate of interest also may be
3 stated.
4 (Source: P.A. 85-1137; revised 10-20-98.)
5 (70 ILCS 2405/22a.36) (from Ch. 42, par. 317d.37)
6 Sec. 22a.36. Collector's notice. The collector
7 receiving such a warrant shall give notice thereof within 30
8 days by publishing a notice at least twice in a newspaper
9 having a general circulation within the district. This
10 notice may be substantially in the following form:
11 "SPECIAL ASSESSMENT NOTICE
12 Notice is hereby given that the (here insert title of
13 court) has rendered judgment for a special assessment (or
14 special tax) upon property benefited by the following
15 improvement: (here briefly describe the character and
16 location of the improvement in general terms) as will more
17 fully appear from the certified copy of the judgment on file
18 in my office; that the warrant for the collection of this
19 assessment (or special tax) is in my possession. All persons
20 interested are hereby notified to call and pay the amount
21 assessed at the collector's office (here insert location of
22 office) within 30 days from the date hereof.
23 Dated (insert date). this .... day of .............., 19....
24 ...............................
25 Collector."
26 When such an assessment or special tax is levied to be
27 paid in installments, the notice shall also contain the
28 aggregate amount of each installment, the rate of interest
29 deferred installments bear and the date when payable.
30 (Source: P.A. 85-1137; revised 10-20-98.)
31 (70 ILCS 2405/25) (from Ch. 42, par. 317g)
32 Sec. 25. The board of trustees of any sanitary district
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1 may arrange to provide for the benefit of employees and
2 trustees of the sanitary district group life, health,
3 accident, hospital and medical insurance, or any one or any
4 combination of such types of insurance. The Board of
5 trustees may also elect to self insure the district's
6 employees. In the event the board arranges to provide
7 insurance, such insurance may include provision for employees
8 and trustees who rely on treatment by prayer or spiritual
9 means alone for healing in accordance with the tenets and
10 practice of a well recognized religious denomination. The
11 board of trustees may provide for payment by the sanitary
12 district of the premium or charge for such insurance.
13 If the board of trustees elects to provide the insurance,
14 but does not provide for a plan pursuant to which the
15 sanitary district pays the premium or charge for any group
16 insurance plan, the board of trustees may provide for the
17 withholding and deducting from the compensation of such of
18 the employees and trustees as consent thereto the premium or
19 charge for any group life, health, accident, hospital and
20 medical insurance.
21 If the board of trustees elects to provide insurance
22 under the provisions of this Section, it may exercise the
23 powers granted in this Section only if the kinds of such
24 group insurance are obtained from any insurance company
25 authorized to do business in the State of Illinois or any
26 other for-profit or not-for-profit organization or service
27 offering similar coverage including without limitation,
28 hospitals, clinics, health maintenance organizations, and
29 physicians' groups. The board of trustees may enact an
30 ordinance prescribing the method of operation of the
31 insurance or self-insurance program and for entering into
32 contracts with for-profit and not-for-profit organizations or
33 services providing health care services.
34 (Source: P.A. 90-655, eff. 7-30-98; 90-697, eff. 8-7-98;
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1 revised 9-16-98.)
2 Section 94. The Metropolitan Water Reclamation District
3 Act is amended by changing Sections 4.2 and 220 as follows:
4 (70 ILCS 2605/4.2) (from Ch. 42, par. 323.2)
5 Sec. 4.2. There is hereby created and established a civil
6 service board to consist of 3 persons to be selected in the
7 manner following:
8 The governing authority or body of the such sanitary
9 district, hereinafter called the trustees, shall on or before
10 January 31, 1952 appoint a civil service board of 3 members,
11 all of whom shall be persons who are not trustees and not
12 more than 2 of whom shall be affiliated with the same
13 political party. Each member shall have been a qualified
14 elector of the sanitary district for at least 5 years
15 immediately prior to his or her appointment and shall believe
16 firmly in the merit system of government. No person shall be
17 appointed to the civil service board who has held an elective
18 public office or a position in a political party within the 2
19 years immediately prior to his or her appointment. No member
20 of the board shall be a member of a committee in any partisan
21 political club or organization, or shall hold or be a
22 candidate for any elective public office.
23 Of the members so appointed, one shall be appointed for a
24 term of 2 years, one for a term of 4 years and one for a term
25 of 6 years beginning February 1, 1952. All subsequent
26 appointments shall be for 6 year terms beginning February 1
27 of the year in which the antecedent term expires. In the
28 event a vacancy occurs shall occur from any cause in the
29 office of any such member, the unexpired portion of the term
30 thereof shall be filled by appointment within 60 days by the
31 said trustees. The board shall elect from its members a
32 chairman, vice-chairman and secretary. Each shall serve for
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1 a term of 2 years or until a successor is elected. Each
2 member of the board shall receive a salary of $15,000 per
3 annum, except the Chairman, who shall receive a salary of
4 $17,500 per annum. Two members of the civil service board
5 shall constitute a quorum, but in no instance shall the board
6 have authority or exercise responsibility if 60 days after a
7 vacancy exists on the board it has not been filled by
8 appointment.
9 No member of the civil service board shall be removed
10 except for palpable incompetence or malfeasance in office
11 upon written charges filed by or at the direction of the
12 trustees and heard before the trustees sitting as the board
13 of hearings herein provided for.
14 The board of hearings hearing shall hear and determine
15 the charges and its findings shall be final. and If the such
16 shall be sustained, the member of the civil
17 service board so charged shall be forthwith removed from
18 office by the said board of hearings and the trustees shall
19 thereupon proceed within 30 days to fill the vacancy created
20 by that such removal. In all proceedings provided for in
21 this Section, the board of hearings and each member thereof
22 shall have power to administer oaths and to compel by
23 subpoena the attendance and testimony of witnesses and the
24 production of books and papers.
25 (Source: P.A. 87-762; revised 2-24-98.)
26 (70 ILCS 2605/220) (from Ch. 42, par. 349.220)
27 Sec. 220. District enlarged. As of November 14, 1973,
28 the corporate limits of the Metropolitan Sanitary District of
29 Greater Chicago are extended so as to embrace and include
30 within the same the territory and tracts of land situated in
31 the County of Cook, State of Illinois, described as follows:
32 Those portions of Sections 19, 20 and 29 lying South of
33 the centerline of the Little Calumet River, all in Township
-524- LRB9101253EGfg
1 36 North, Range 15 East of the Third Principal Meridian; also
2 all of Sections 30, 31 and 32, all in Township 36 North,
3 Range 15 East of the Third Principal Meridian; also all of
4 Sections 5 and 6, Township 35 North, Range 15 East of the
5 Third Principal Meridian (except those portions thereof which
6 are now within the corporate limits of the Metropolitan
7 Sanitary District of Greater Chicago); also the East 1/2 of
8 Sections 25 and 36, all in Township 36 North, Range 14 East
9 of the Third Principal Meridian (except those portions
10 thereof which are now within the corporate limits of the
11 Metropolitan Sanitary District of Greater Chicago).
12 (Source: P.A. 87-834; revised 2-24-98.)
13 Section 95. The Sanitary District Act of 1936 is amended
14 by changing Sections 56 and 74 as follows:
15 (70 ILCS 2805/56) (from Ch. 42, par. 447.20)
16 Sec. 56. Notice by publication. Petitioner, in addition
17 to other required notices, shall publish a notice at least
18 twice, not more than 30 nor less than 15 days in advance of
19 the time at which confirmation of the specified assessment is
20 to be sought, in a newspaper having a general circulation
21 within the district. The notice may be substantially as
22 follows:
23 "SPECIAL ASSESSMENT NOTICE
24 Notice is hereby given to all persons interested that the
25 board of trustees of the ........ sanitary district having
26 ordered that (here insert a brief description of the nature
27 of the improvement), the ordinance for the improvement being
28 on file in the office of the district clerk, having applied
29 to the circuit court of ....... County for an assessment of
30 the costs of the improvement, according to benefits, and an
31 assessment therefor having been made and returned to that
32 court, the final hearing thereon will be had on (insert date)
-525- LRB9101253EGfg
1 the ..... day of ........., 19...., at ....... o'clock, or
2 as soon thereafter as the business of the court will permit.
3 All persons desiring may file objections in that court before
4 that day and may appear on the hearing and make their
5 defense."
6 Where the assessment is payable in installments, the
7 number of installments and the rate of interest also may be
8 stated.
9 (Source: P.A. 85-1137; revised 10-20-98.)
10 (70 ILCS 2805/74) (from Ch. 42, par. 447.38)
11 Sec. 74. Collector's notice. The collector receiving
12 such a warrant shall give notice thereof within 30 days by
13 publishing a notice at least twice in a newspaper having a
14 general circulation within the district. This notice may be
15 substantially in the following form:
16 "SPECIAL ASSESSMENT NOTICE
17 Notice is hereby given that the (here insert title of
18 court) has rendered judgment for a special assessment (or
19 special tax) upon property benefited by the following
20 improvement: (here briefly describe the character and
21 location of the improvement in general terms) as will more
22 fully appear from the certified copy of the judgment on file
23 in my office; that the warrant for the collection of this
24 assessment (or special tax) is in my possession. All persons
25 interested are hereby notified to call and pay the amount
26 assessed at the collector's office (here insert location of
27 office) within 30 days from the date hereof.
28 Dated (insert date). this .... day of .............., 19....
29 ...............................
30 Collector."
31 When such an assessment or special tax is levied to be
32 paid in installments, the notice shall also contain the
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1 aggregate amount of each installment, the rate of interest
2 deferred installments bear and the date when payable.
3 (Source: P.A. 85-1137; revised 10-20-98.)
4 Section 96. The Metro-East Sanitary District Act of 1974
5 is amended by changing Section 4-2 as follows:
6 (70 ILCS 2905/4-2) (from Ch. 42, par. 504-2)
7 Sec. 4-2. The Executive Director shall be the chief
8 executive and administrative officer of the district and
9 shall be responsible to the board for the proper
10 administration of all affairs of the district, including but
11 not limited to, the board's boards's compliance with
12 subsection (b) of Section 3-3, and to that end he shall:
13 (1) Appoint and, when necessary for the good of the
14 service, remove all officers and employees of the district,
15 except as otherwise provided in this Act, and except as he
16 may authorize the head of a department or office to appoint
17 subordinates in such department or office.
18 (2) Prepare the budget annually and submit it to the
19 Board and be responsible for its administration after
20 adoption.
21 (3) Prepare and submit to the board and the Department
22 of Natural Resources, as of the end of the fiscal year, a
23 complete report of the finances and administrative activities
24 of the district and all subdistricts for the year, and submit
25 any interim reports that the Department of Natural Resources
26 requests.
27 (4) Keep the board advised of the financial condition of
28 the district and all subdistricts and make recommendations
29 concerning their future needs.
30 (5) Attend all meetings of the board and, in so far as
31 possible, its committees.
32 (6) Enforce all district ordinances and see that all
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1 contracts are faithfully performed.
2 (7) Advise, assist, and cooperate in fostering the
3 interest of institutions of learning and civic, professional,
4 and employee organizations in the improvement of personnel
5 standards and conditions in the district.
6 (8) Perform such other duties as may be prescribed by
7 this Act or required of him by the board, not inconsistent
8 with this Act.
9 (Source: P.A. 89-445, eff. 2-7-96; revised 2-24-98.)
10 Section 97. The Regional Transportation Authority Act is
11 amended by changing Sections 2.08, 2.16, 4.03.1, and 4.09 as
12 follows:
13 (70 ILCS 3615/2.08) (from Ch. 111 2/3, par. 702.08)
14 Sec. 2.08. Protection Against Crime. The Authority shall
15 cooperate with the various State, municipal, sheriff's and
16 transportation agency police forces in the metropolitan
17 region for the protection of employees and consumers of
18 public transportation services and public transportation
19 facilities against crime. The Authority may provide by
20 ordinance for an Authority police force to aid, coordinate
21 and supplement other police forces in protecting persons and
22 property and reducing the threats of crime with regard to
23 public transportation. Such police shall have the same
24 powers with regard to such protection of persons and property
25 as those exercised by police of municipalities and may
26 include members of other police forces in the metropolitan
27 region. The Authority shall establish minimum standards for
28 selection and training of members of such police force
29 employed by it. Training shall be accomplished at schools
30 certified by the Illinois Local Governmental Law Enforcement
31 Officers and Training Standards Board established pursuant to
32 the "Illinois Police Training Act", approved August 18, 1965,
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1 as now or hereafter amended. Such training shall be subject
2 to the rules and standards adopted pursuant to Section 7 of
3 that Act. The Authority may participate in any training
4 program conducted under that Act. The Authority may provide
5 for the coordination or consolidation of security services
6 and police forces maintained with regard to public
7 transportation services and facilities by various
8 transportation agencies and may contract with any
9 municipality or county in the metropolitan region to provide
10 protection of persons or property with regard to public
11 transportation. Employees of the Authority or of any
12 transportation agency affected by any action of the Authority
13 under this Section shall be provided the protection set forth
14 in Section 2.16. Neither the Authority, the Suburban Bus
15 Division, the Commuter Rail Division, nor any of their
16 Directors, officers or employees shall be held liable for
17 failure to provide a security or police force or, if a
18 security or police force is provided, for failure to provide
19 adequate police protection or security, failure to prevent
20 the commission of crimes by fellow passengers or other third
21 persons or for the failure to apprehend criminals.
22 (Source: P.A. 84-939; revised 7-10-98.)
23 (70 ILCS 3615/2.16) (from Ch. 111 2/3, par. 702.16)
24 Sec. 2.16. Employee Protection.
25 (a) The Authority shall insure that every employee of
26 the Authority or of a Service Board or transportation agency
27 shall receive fair and equitable protection against actions
28 of the Authority which shall not be less than those
29 established pursuant to Section 13(c) of the Urban Mass
30 Transportation Act of 1964, as amended (49 U.S.C. Sec.
31 1609(c)), and Section 405(b) of the Rail Passenger Service
32 Act of 1970, as amended (45 U.S.C. Sec. 565(b)), and as
33 prescribed by the United States Secretary of Labor
-529- LRB9101253EGfg
1 thereunder, at the time of the protective agreement or
2 arbitration decision providing protection.
3 (b) The Authority shall negotiate or arrange for the
4 negotiation of such fair and equitable employee arrangements
5 with the employees, through their accredited representatives
6 authorized to act for them. If agreement cannot be reached on
7 the terms of such protective arrangement, any party may
8 submit any matter in dispute to arbitration. In such
9 arbitration, each party shall have the right to select
10 non-voting arbitration board members. The impartial
11 arbitrator will be selected by the American Arbitration
12 Association and appointed from a current listing of the
13 membership of the National Academy of Arbitrators, upon
14 request of any party. The impartial arbitrator's decision
15 shall be final and binding on all parties. Each party shall
16 pay an equal proportionate share of the impartial
17 arbitrator's fees and expenses.
18 (c) For purposes of Sections 2.15 through 2.19,:
19 "actions of the Authority" include its acquisition and
20 operation of public transportation facilities, the execution
21 of purchase of service agreements and grant contracts made
22 under this Act and the coordination, reorganization,
23 combining, leasing, merging of operations or the expansion or
24 curtailment of public transportation service or facilities by
25 the Authority, but does not include a failure or refusal to
26 enter into a purchase of service agreement or grant contract.
27 (Source: P.A. 83-886; revised 10-31-98.)
28 (70 ILCS 3615/4.03.1) (from Ch. 111 2/3, par. 704.03.1)
29 Sec. 4.03.1. (a) The Board may impose a tax upon all
30 persons engaged in the business of renting automobiles in the
31 metropolitan region at the rate of not to exceed 1% of the
32 gross receipts from such business within Cook County and not
33 to exceed 1/4% of the gross receipts from such business
-530- LRB9101253EGfg
1 within the Counties of DuPage, Kane, Lake, McHenry and Will.
2 The tax imposed pursuant to this paragraph and all civil
3 penalties that may be assessed as an incident thereof shall
4 be collected and enforced by the State Department of Revenue.
5 The certificate of registration which is issued by the
6 Department to a retailer under the "Retailers' Occupation Tax
7 Act", approved June 23, 1933, as amended, or under the
8 "Automobile Renting Occupation and Use Tax Act", enacted by
9 the Eighty-Second General Assembly, shall permit such person
10 to engage in a business which is taxable under any ordinance
11 or resolution enacted pursuant to this paragraph without
12 registering separately with the Department under such
13 ordinance or resolution or under this paragraph. The
14 Department shall have full power to administer and enforce
15 this paragraph; to collect all taxes and penalties due
16 hereunder; to dispose of taxes and penalties so collected in
17 the manner hereinafter provided, and to determine all rights
18 to credit memoranda, arising on account of the erroneous
19 payment of tax or penalty hereunder. In the administration
20 of, and compliance with, this paragraph, the Department and
21 persons who are subject to this paragraph shall have the same
22 rights, remedies, privileges, immunities, powers and duties,
23 and be subject to the same conditions, restrictions,
24 limitations, penalties and definitions of terms, and employ
25 the same modes of procedure, as are prescribed in Sections 2
26 and 3 (in respect to all provisions therein other than the
27 State rate of tax; and with relation to the provisions of the
28 "Retailers' Occupation Tax" referred to therein, except as to
29 the disposition of taxes and penalties collected, and except
30 for the provision allowing retailers a deduction from the tax
31 cover certain costs, and except that credit memoranda issued
32 hereunder may not be used to discharge any State tax
33 liability) of the "Automobile Renting Occupation and Use Tax
34 Act", enacted by the Eighty-Second General Assembly, as the
-531- LRB9101253EGfg
1 same are now or may hereafter be amended, as fully as if
2 provisions contained in those Sections of said Act were set
3 forth herein. Persons subject to any tax imposed pursuant to
4 the authority granted in this paragraph may reimburse
5 themselves for their tax liability hereunder by separately
6 stating such tax as an additional charge, which charge may be
7 stated in combination, in a single amount, with State tax
8 which sellers are required to collect under the "Automobile
9 Renting Occupation and Use Tax Act" pursuant to such bracket
10 schedules as the Department may prescribe. Nothing in this
11 paragraph shall be construed to authorize the Authority to
12 impose a tax upon the privilege of engaging in any business
13 which under the Constitution of the United States State may
14 not be made the subject of taxation by this State.
15 (b) The Board may impose a tax upon the privilege of
16 using, in the metropolitan region an automobile which is
17 rented from a renter outside Illinois, and which is titled or
18 registered with an agency of this State's government, at a
19 rate not to exceed 1% of the rental price of such automobile
20 within the County of Cook, and not to exceed 1/4% of the
21 rental price within the counties of DuPage, Kane, Lake,
22 McHenry and Will. Such tax shall be collected from persons
23 whose Illinois address for titling or registration purposes
24 is given as being in the metropolitan region. Such tax shall
25 be collected by the Department of Revenue for the Regional
26 Transportation Authority. Such tax must be paid to the State,
27 or an exemption determination must be obtained from the
28 Department of Revenue, before the title or certificate of
29 registration for the property may be issued. The tax or proof
30 of exemption may be transmitted to the Department by way of
31 the State agency with which, or State officer with whom, the
32 tangible personal property must be titled or registered if
33 the Department and such agency or State officer determine
34 that this procedure will expedite the processing of
-532- LRB9101253EGfg
1 applications for title or registration. The Department shall
2 have full power to administer and enforce this paragraph; to
3 collect all taxes, penalties and interest due hereunder; to
4 dispose of taxes, penalties and interest so collected in the
5 manner hereinafter provided, and to determine all rights to
6 credit memoranda or refunds arising on account of the
7 erroneous payment of tax, penalty or interest hereunder. In
8 the administration of, and compliance with, this paragraph,
9 the Department and persons who are subject to this paragraph
10 shall have the same rights, remedies, privileges, immunities,
11 powers and duties, and be subject to the same conditions,
12 restrictions, limitations, penalties and definitions of
13 terms, and employ the same modes of procedure, as are
14 prescribed in Sections 2 and 4 (except provisions pertaining
15 to the State rate of tax; and with relation to the provisions
16 of the "Use Tax Act" referred to therein, except provisions
17 concerning collection or refunding of the tax by retailers,
18 and except the provisions of Section 19 pertaining to claims
19 by retailers and except the last paragraph concerning
20 refunds, and except that credit memoranda issued hereunder
21 may not be used to discharge any State tax liability) of the
22 "Automobile Renting Occupation and Use Tax Act", enacted by
23 the Eighty-Second General Assembly, as the same are now or
24 may hereafter be amended, which are not inconsistent with
25 this paragraph, as fully as if provisions contained in those
26 Sections of said Act were set forth herein.
27 (c) Whenever the Department determines that a refund
28 should be made under this Section to a claimant instead of
29 issuing a credit memorandum, the Department shall notify the
30 State Comptroller, who shall cause the order to be drawn for
31 the amount specified, and to the person named, in such
32 notification from the Department. Such refund shall be paid
33 by the State Treasurer out of the Regional Transportation
34 Authority tax fund created pursuant to Section 4.03 of this
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1 Act.
2 (d) The Department shall forthwith pay over to the State
3 Treasurer, ex-officio, as trustee, all taxes, penalties and
4 interest collected under this Section. On or before the 25th
5 day of each calendar month, the Department shall prepare and
6 certify to the State Comptroller the amount to be paid to the
7 Authority. The State Department of Revenue shall also certify
8 to the Authority the amount of taxes collected in each County
9 other than Cook County in the metropolitan region less the
10 amount necessary for the payment of refunds to taxpayers in
11 such County. With regard to the County of Cook, the
12 certification shall specify the amount of taxes collected
13 within the City of Chicago less the amount necessary for the
14 payment of refunds to taxpayers in the City of Chicago and
15 the amount collected in that portion of Cook County outside
16 of Chicago less the amount necessary for the payment of
17 refunds to taxpayers in that portion of Cook County outside
18 of Chicago. The amount to be paid to the Authority shall be
19 the amount (not including credit memoranda) collected
20 hereunder during the second preceding calendar month by the
21 Department, and not including an amount equal to the amount
22 of refunds made during the second preceding calendar month
23 by the Department on behalf of the Authority. Within 10 days
24 after receipt, by the State Comptroller, of the disbursement
25 certification to the Authority, the State Comptroller shall
26 cause the orders to be drawn in accordance with the
27 directions contained in such certification.
28 (e) An ordinance imposing a tax hereunder or effecting a
29 change in the rate thereof shall be effective on the first
30 day of the calendar month next following the month in which
31 such ordinance is passed. The Board shall transmit to the
32 Department of Revenue on or not later than 5 days after
33 passage of the ordinance a certified copy of the ordinance
34 imposing such tax whereupon the Department of Revenue shall
-534- LRB9101253EGfg
1 proceed to administer and enforce this Section on behalf of
2 the Authority as of the effective date of the ordinance. Upon
3 a change in rate of a tax levied hereunder, or upon the
4 discontinuance of the tax, the Board shall, on or not later
5 than 5 days after passage of the ordinance discontinuing the
6 tax or effecting a change in rate, transmit to the Department
7 of Revenue a certified copy of the ordinance effecting such
8 change or discontinuance.
9 (Source: P.A. 83-886; revised 10-31-98.)
10 (70 ILCS 3615/4.09) (from Ch. 111 2/3, par. 704.09)
11 Sec. 4.09. Public Transportation Fund and the Regional
12 Transportation Authority Occupation and Use Tax Replacement
13 Fund.
14 (a) As soon as possible after the first day of each
15 month, beginning November 1, 1983, the Comptroller shall
16 order transferred and the Treasurer shall transfer from the
17 General Revenue Fund to a special fund in the State Treasury,
18 to be known as the "Public Transportation Fund" $9,375,000
19 for each month remaining in State fiscal year 1984. As soon
20 as possible after the first day of each month, beginning July
21 1, 1984, upon certification of the Department of Revenue, the
22 Comptroller shall order transferred and the Treasurer shall
23 transfer from the General Revenue Fund to the Public
24 Transportation Fund an amount equal to 25% of the net
25 revenue, before the deduction of the serviceman and retailer
26 discounts pursuant to Section 9 of the Service Occupation Tax
27 Act and Section 3 of the Retailers' Occupation Tax Act,
28 realized from any tax imposed by the Authority pursuant to
29 Sections 4.03 and 4.03.1 and 25% of the amounts deposited
30 into the Regional Transportation Authority tax fund created
31 by Section 4.03 of this Act, from the County and Mass Transit
32 District Fund as provided in Section 6z-20 of the State
33 Finance Act and 25% of the amounts deposited into the
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1 Regional Transportation Authority Occupation and Use Tax
2 Replacement Fund from the State and Local Sales Tax Reform
3 Fund as provided in Section 6z-17 of the State Finance Act.
4 Net revenue realized for a month shall be the revenue
5 collected by the State pursuant to Sections 4.03 and 4.03.1
6 during the previous month from within the metropolitan
7 region, less the amount paid out during that same month as
8 refunds to taxpayers for overpayment of liability in the
9 metropolitan region under Sections 4.03 and 4.03.1.
10 (b) (1) All moneys deposited in the Public
11 Transportation Fund and the Regional Transportation
12 Authority Occupation and Use Tax Replacement Fund,
13 whether deposited pursuant to this Section or otherwise,
14 are allocated to the Authority. Pursuant to
15 appropriation, the Comptroller, as soon as possible after
16 each monthly transfer provided in this Section and after
17 each deposit into the Public Transportation Fund, shall
18 order the Treasurer to pay to the Authority out of the
19 Public Transportation Fund the amount so transferred or
20 deposited. Such amounts paid to the Authority may be
21 expended by it for its purposes as provided in this Act.
22 Subject to appropriation to the Department of
23 Revenue, the Comptroller, as soon as possible after each
24 deposit into the Regional Transportation Authority
25 Occupation and Use Tax Replacement Fund provided in this
26 Section and Section 6z-17 of the State Finance Act, shall
27 order the Treasurer to pay to the Authority out of the
28 Regional Transportation Authority Occupation and Use Tax
29 Replacement Fund the amount so deposited. Such amounts
30 paid to the Authority may be expended by it for its
31 purposes as provided in this Act.
32 (2) Provided, however, no moneys deposited under
33 subsection (a) of this Section 4.09 shall be paid from
34 the Public Transportation Fund to the Authority for any
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1 fiscal year beginning after the effective date of this
2 amendatory Act of 1983 until the Authority has certified
3 to the Governor, the Comptroller, and the Mayor of the
4 City of Chicago that it has adopted for that fiscal year
5 a budget and financial plan meeting the requirements in
6 Section 4.01(b).
7 (c) In recognition of the efforts of the Authority to
8 enhance the mass transportation facilities under its control,
9 the State shall provide financial assistance ("Additional
10 State Assistance") in excess of the amounts transferred to
11 the Authority from the General Revenue Fund under subsection
12 (a) of this Section. Additional State Assistance provided in
13 any State fiscal year shall not exceed the actual debt
14 service payable by the Authority during that State fiscal
15 year on bonds or notes issued to finance Strategic Capital
16 Improvement Projects under Section 4.04 of this Act.
17 Additional State Assistance shall in no event exceed the
18 following specified amounts with respect to the following
19 State fiscal years:
20 1990 $5,000,000;
21 1991 $5,000,000;
22 1992 $10,000,000;
23 1993 $10,000,000;
24 1994 $20,000,000;
25 1995 $30,000,000;
26 1996 $40,000,000;
27 1997 $50,000,000;
28 1998 $55,000,000; and
29 each year thereafter $55,000,000.
30 (d) Beginning with State fiscal year 1990 and continuing
31 for each State fiscal year thereafter, the Authority shall
32 annually certify to the State Comptroller and State Treasurer
33 (1) the amount necessary and required, during the State
34 fiscal year with respect to which the certification is made,
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1 to pay its obligations for debt service on all outstanding
2 bonds or notes for Strategic Capital Improvement Projects
3 issued by the Authority under Section 4.04 of this Act and
4 (2) an estimate of the amount necessary and required to pay
5 its obligations for debt service for any bonds or notes for
6 Strategic Capital Improvement Projects which the Authority
7 anticipates it will issue during that State fiscal year. The
8 certification shall include a specific schedule of debt
9 service payments, including the date and amount of each
10 payment for all outstanding bonds or notes and an estimated
11 schedule of anticipated debt service for all bonds and notes
12 it intends to issue, if any, during that State fiscal year,
13 including the estimated date and estimated amount of each
14 payment. Immediately, upon the issuance of bonds for which
15 an estimated schedule of debt service payments was prepared,
16 the Authority shall file an amended certification to specify
17 the actual schedule of debt service payments, including the
18 date and amount of each payment, for the remainder of the
19 State fiscal year. On the first day of each month of the
20 State fiscal year in which there are bonds outstanding with
21 respect to which the certification is made, the State
22 Comptroller shall order transferred and the State Treasurer
23 shall transfer from the General Revenue Fund to the Public
24 Transportation Fund the Additional State Assistance in an
25 amount equal to the aggregate of (1) one-twelfth of the
26 amount required to pay debt service on bonds and notes issued
27 before the beginning of the State fiscal year and (2) the
28 amount required to pay debt service on bonds and notes issued
29 during the fiscal year, if any, divided by the number of
30 months remaining in the fiscal year after the date of
31 issuance, or some smaller portion as may be necessary, listed
32 in subsection (c) for the relevant State fiscal year, plus
33 any cumulative deficiencies in transfers for prior months,
34 until an amount equal to the certified debt service for that
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1 State fiscal year on outstanding bonds or notes for Strategic
2 Capital Improvement Projects issued by the Authority under
3 Section 4.04 of this Act has been transferred. In no event
4 shall total transfers in any State fiscal year exceed the
5 lesser of the annual amounts specified in subsection (c) or
6 the total certified debt service on outstanding bonds or
7 notes for Strategic Capital Improvement Projects issued by
8 the Authority under Section 4.04 of this Act.
9 (e) Additional State Assistance may not be pledged,
10 either directly or indirectly as general revenues of the
11 Authority, as security for any bonds issued by the Authority.
12 The Authority may not assign its right to receive Additional
13 State Assistance or direct payment of Additional State
14 Assistance to a trustee or any other entity for the payment
15 of debt service on its bonds.
16 (f) The certification required under subsection (d) with
17 respect to outstanding bonds and notes of the Authority shall
18 be filed as early as practicable before the beginning of the
19 State fiscal year to which it relates. The certification
20 shall be revised as may be necessary to accurately state the
21 debt service requirements of the Authority.
22 (g) Within 6 months of the end of the 3 month period
23 ending December 31, 1983, and each fiscal year thereafter,
24 the Authority shall determine whether the aggregate of all
25 system generated revenues for public transportation in the
26 metropolitan region which is provided by, or under grant or
27 purchase of service contracts with, the Service Boards equals
28 50% of the aggregate of all costs of providing such public
29 transportation. "System generated revenues" include all the
30 proceeds of fares and charges for services provided,
31 contributions received in connection with public
32 transportation from units of local government other than the
33 Authority and from the State pursuant to subsection (9) of
34 Section 49.19 of the Civil Administrative Code of Illinois,
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1 and all other revenues properly included consistent with
2 generally accepted accounting principles but may not include
3 the proceeds from any borrowing. "Costs" include all items
4 properly included as operating costs consistent with
5 generally accepted accounting principles, including
6 administrative costs, but do not include: depreciation;
7 payment of principal and interest on bonds, notes or other
8 evidences of obligations for borrowed money of the Authority;
9 payments with respect to public transportation facilities
10 made pursuant to subsection (b) of Section 2.20 2-20; any
11 payments with respect to rate protection contracts, credit
12 enhancements or liquidity agreements made under Section 4.14;
13 any other cost as to which it is reasonably expected that a
14 cash expenditure will not be made; costs up to $5,000,000
15 annually for passenger security including grants, contracts,
16 personnel, equipment and administrative expenses, except in
17 the case of the Chicago Transit Authority, in which case the
18 term does not include costs spent annually by that entity for
19 protection against crime as required by Section 27a of the
20 Metropolitan Transit Authority Act; or costs as exempted by
21 the Board for projects pursuant to Section 2.09 of this Act.
22 If said system generated revenues are less than 50% of said
23 costs, the Board shall remit an amount equal to the amount of
24 the deficit to the State. The Treasurer shall deposit any
25 such payment in the General Revenue Fund.
26 (h) If the Authority makes any payment to the State
27 under paragraph (g), the Authority shall reduce the amount
28 provided to a Service Board from funds transferred under
29 paragraph (a) in proportion to the amount by which that
30 Service Board failed to meet its required system generated
31 revenues recovery ratio. A Service Board which is affected by
32 a reduction in funds under this paragraph shall submit to the
33 Authority concurrently with its next due quarterly report a
34 revised budget incorporating the reduction in funds. The
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1 revised budget must meet the criteria specified in clauses
2 (i) through (vi) of Section 4.11(b)(2). The Board shall
3 review and act on the revised budget as provided in Section
4 4.11(b)(3).
5 (Source: P.A. 86-16; 86-463; 86-928; 86-1028; 86-1481;
6 87-764; revised 10-31-98.)
7 Section 98. The Illinois Local Library Act is amended by
8 changing Sections 3-1, 3-4, and 4-7 and the caption to
9 Article 4 as follows:
10 (75 ILCS 5/3-1) (from Ch. 81, par. 3-1)
11 Sec. 3-1. In any city of 500,000 or fewer inhabitants,
12 the corporate authorities shall levy a tax for library
13 purposes of not to exceed .15% of the value of all the
14 taxable property in the city, as equalized or assessed by the
15 Department of Revenue. If the annual public library tax rate
16 of an established library was increased above .12% up to .20%
17 prior to 1972 as provided in this Act, the corporate
18 authorities shall then levy up to an additional .03% above
19 the increased rate approved at the election. If, however, the
20 corporate authorities desire to increase the tax rate but not
21 in excess of .60% of value for such purposes, the corporate
22 authorities may, by ordinance, stating the tax rate desired,
23 direct that a proposition be submitted to the voters of the
24 city at any regular election. The proposition shall be in
25 substantially the form prescribed in Section 3-3. If a
26 majority of the votes cast upon the proposition are in favor
27 thereof, the corporate authorities may thereafter levy
28 annually a tax for library purposes at the authorized
29 increased rate. Any tax levied pursuant to Section 3-9 shall
30 be disregarded in applying the provisions of this Section.
31 The corporate authorities may also levy an additional tax
32 of .02% of the value of all the taxable property in the city,
-541- LRB9101253EGfg
1 as equalized or assessed by the Department of Revenue, for
2 the purchase of sites and buildings, for the construction and
3 equipment of buildings, for the rental of buildings required
4 for library purposes, and for maintenance, repairs and
5 alterations of library buildings and equipment. In any year
6 in which the corporate authorities propose to levy such
7 additional .02% tax, the corporate authorities shall adopt a
8 resolution determining to levy such tax. Within 15 days
9 after the adoption of the resolution, it shall be published
10 at least once in one or more newspapers published in the
11 city, or if no newspaper is published therein, then in one or
12 more newspapers with a general circulation within the city.
13 In a city in which no newspaper is published, publication may
14 instead be made by posting a notice in three prominent places
15 within the city. The publication or posting of the resolution
16 shall include a notice of (1) the specific number of voters
17 required to sign a petition requesting that the question of
18 the adoption of the resolution be submitted to the electors
19 of the city; (2) the time in which the petition must be
20 filed; and (3) the date of the prospective referendum. The
21 city clerk shall provide a petition form to any individual
22 requesting one. If no petition is filed with the corporate
23 authorities within 30 days after publication or posting of
24 the resolution, or if all petitions so filed are determined
25 to be invalid or insufficient the city shall then be
26 authorized to levy the tax. However, if within the 30 day
27 period, a petition is filed with the corporate authorities,
28 signed by electors of the city equal in number to 10% or more
29 of the total number of registered voters in the city, asking
30 that the question of levying such a .02% tax be submitted to
31 the electors of the city, the question shall be submitted at
32 an election. Notice of this referendum shall be given as
33 provided by the general election laws of the state, and the
34 referendum shall be held in all respects in accordance with
-542- LRB9101253EGfg
1 those laws. The proposition shall be in substantially the
2 following form: "Shall the corporate authorities of (name of
3 city) be authorized to levy an additional tax of ....% for
4 the construction of buildings, provision of sites, etc., as
5 determined by resolution dated (insert date) of ............,
6 19..?". If a majority of votes cast upon the proposition
7 are in favor thereof, the corporate authorities may levy the
8 additional tax.
9 (Source: P.A. 87-767; revised 10-19-98.)
10 (75 ILCS 5/3-4) (from Ch. 81, par. 3-4)
11 Sec. 3-4. When the electors of an incorporated town,
12 village or township have voted to establish and maintain a
13 public library as provided in Section 2-2, the corporate
14 authorities of such incorporated town, village or township
15 shall levy an annual tax for the establishment and
16 maintenance of such library, not exceeding .15% of the value
17 as equalized or assessed by the Department of Revenue. If the
18 petition and ballots so specify in the original establishment
19 as set forth in Section 2-2 of this Act, the corporate
20 authorities may levy a tax in excess of .15%, not to exceed
21 the rate specified in such establishment petition and ballot,
22 but in any event not to exceed .60% of the value as equalized
23 and assessed by the Department of Revenue. If the annual
24 public library tax rate of an established library was
25 increased above .12% up to .20% prior to 1972 as provided in
26 this Act, the corporate authorities shall then levy up to an
27 additional .03% above the increased rate approved at the
28 referendum. Such tax rate may be increased to not to exceed
29 .60% of the value, as equalized or assessed by the Department
30 of Revenue, or the excess tax shall no longer be levied, if
31 the electors of such incorporated town, village or township
32 shall so determine by referendum at any regular election.
33 Such referendum shall be petitioned for in the manner as the
-543- LRB9101253EGfg
1 referendum for the establishment and maintenance of the
2 library. Any tax levied pursuant to Section 3-9 shall be
3 disregarded in applying the provisions of this Section.
4 The corporate authorities may also levy an additional tax
5 of .02% of the value of all the taxable property in the
6 incorporated town, village or township, as equalized or
7 assessed by the Department of Revenue, for the purchase of
8 sites and buildings, for the construction and equipment of
9 buildings, for the rental of buildings required for library
10 purposes, and for maintenance, repairs and alterations of
11 library buildings and equipment. In any year in which the
12 corporate authorities propose to levy such additional .02%
13 tax, the corporate authorities shall adopt a resolution
14 determining to levy such tax. Within 15 days after the
15 adoption of the resolution, it shall be published at least
16 once in one or more newspapers published in the incorporated
17 town, village or township, or if no newspaper is published
18 therein, then in one or more newspapers with a general
19 circulation therein. In an incorporated town, village or
20 township in which no newspaper is published, publication may
21 instead be made by posting a notice in three prominent
22 places. The publication or posting of the resolution shall
23 include a notice of (1) the specific number of voters
24 required to sign a petition requesting that the question of
25 the adoption of the resolution be submitted to the electors
26 of the incorporated town, village or township; (2) the time
27 in which the petition must be filed; and (3) the date of the
28 prospective referendum. The clerk of the incorporated town,
29 village or township, shall provide a petition form to any
30 individual requesting one. If no petition is filed with the
31 corporate authorities within 30 days after publication or
32 posting of the resolution, the incorporated town, village or
33 township shall then be authorized to levy the tax. However,
34 if within the 30 day period, a petition is filed with the
-544- LRB9101253EGfg
1 corporate authorities, signed by electors of the incorporated
2 town, village or township equal in number to 10% or more of
3 the total number of registered voters in the incorporated
4 town, village or township, asking that the question of
5 levying such a .02% tax be submitted to the electors thereof,
6 the question shall be submitted at a special or general
7 election. Notice of this election shall be given as provided
8 by the general election laws of this state in force at the
9 time of the election, and the election shall be held in all
10 respects in accordance with those laws. The ballot on which
11 the proposition is submitted shall be in substantially the
12 following form: "Shall the corporate authorities of (name of
13 incorporated town, village or township) be authorized to levy
14 an additional tax of ...% for the construction of buildings,
15 provision of sites, etc., as determined by resolution dated
16 (insert date) of ....., 19?". If a majority of votes cast
17 upon the proposition are in favor thereof, the corporate
18 authorities may levy the additional tax.
19 (Source: P.A. 87-767; revised 10-19-98.)
20 (75 ILCS 5/Art. 4 heading)
21 ARTICLE 4. TRUSTEES DIRECTORS
22 (75 ILCS 5/4-7) (from Ch. 81, par. 4-7)
23 Sec. 4-7. Each board of library trustees of a city,
24 incorporated town, village or township shall carry out the
25 spirit and intent of this Act in establishing, supporting and
26 maintaining a public library or libraries for providing
27 library service and, in addition to but without limiting
28 other powers conferred by this Act, shall have the following
29 powers:
30 1. To make and adopt such bylaws, rules and
31 regulations, for their own guidance and for the
32 government of the library as may be expedient, not
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1 inconsistent with this Act;
2 2. To have the exclusive control of the expenditure
3 of all moneys collected for the library and deposited to
4 the credit of the library fund;
5 3. To have the exclusive control of the
6 construction of any library building and of the
7 supervision, care and custody of the grounds, rooms or
8 buildings constructed, leased or set apart for that
9 purpose;
10 4. To purchase or lease real or personal property,
11 and to construct an appropriate building or buildings for
12 the use of a library established hereunder, using, at the
13 board's option, contracts providing for all or part of
14 the consideration to be paid through installments at
15 stated intervals during a certain period not to exceed 20
16 years with interest on the unpaid balance at any lawful
17 rate for municipal corporations in this State, except
18 that contracts for installment purchases of real estate
19 shall provide for not more than 75% of the total
20 consideration to be repaid by installments, and to refund
21 at any time any installment contract entered into
22 pursuant to this paragraph by means of a refunding loan
23 agreement, which may provide for installment payments of
24 principal and interest to be made at stated intervals
25 during a certain period not to exceed 20 years from the
26 date of such refunding loan agreement, with interest on
27 the unpaid principal balance at any lawful rate for
28 municipal corporations in this State, except that no
29 installment contract or refunding loan agreement for the
30 same property or construction project may exceed an
31 aggregate of 20 years;
32 5. To remodel or reconstruct a building erected or
33 purchased by the board, when such building is not adapted
34 to its purposes or needs;
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1 6. To sell or otherwise dispose of any real or
2 personal property that it deems no longer necessary or
3 useful for library purposes, and to lease to others any
4 real property not immediately useful but for which plans
5 for ultimate use have been or will be adopted but the
6 corporate authorities shall have the first right to
7 purchase or lease except that in the case of the City of
8 Chicago, this power shall be governed and limited by the
9 Chicago Public Library Act "An Act to authorize the
10 Chicago public library to erect and maintain a public
11 library on Dearborn Park in the city of Chicago, and to
12 authorize the Soldiers' Home in Chicago to sell and
13 dispose of its interest in the north one-quarter of the
14 said park", approved June 2, 1891, as amended;
15 7. To appoint and to fix the compensation of a
16 qualified librarian, who shall have the authority to hire
17 such other employees as may be necessary, to fix their
18 compensation, and to remove such appointees, subject to
19 the approval of the board, but these powers are subject
20 to Division 1 of Article 10 of the Illinois Municipal
21 Code in municipalities in which that Division is in
22 force. The board may also retain counsel and
23 professional consultants as needed;
24 8. To contract with any public or private
25 corporation or entity for the purpose of providing or
26 receiving library service or of performing any and all
27 other acts necessary and proper to carry out the
28 responsibilities, the spirit, and the provisions of this
29 Act. This contractual power includes, but is not limited
30 to, participating in interstate library compacts and
31 library systems, contracting to supply library services,
32 and expending of any federal or State funds made
33 available to any county, municipality, township or to the
34 State of Illinois for library purposes. However, if a
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1 contract is for the supply of library services for
2 residents without a public library established under the
3 provisions of this Act, the terms of that contract will
4 recognize the principle of equity or cost of services to
5 non-residents expressed in this Section of this Act, and
6 will provide for the assumption by the contracting party
7 receiving the services of financial responsibility for
8 the loss of or damage to any library materials provided
9 to non-residents under the contract;
10 9. To join with the board or boards of any one or
11 more libraries in this State in maintaining libraries, or
12 for the maintenance of a common library or common library
13 services for participants, upon such terms as may be
14 agreed upon by and between the boards;
15 10. To enter into contracts and to take title to
16 any property acquired by it for library purposes by the
17 name and style of "The Board of Library Trustees of the
18 (city, village, incorporated town or township) of ...."
19 and by that name to sue and be sued;
20 11. To exclude from the use of the library any
21 person who wilfully violates the rules prescribed by the
22 board;
23 12. To extend the privileges and use of the
24 library, including the borrowing of materials on an
25 individual basis by persons residing outside of the city,
26 incorporated town, village or township. If the board
27 exercises this power, the privilege of library use shall
28 be upon such terms and conditions as the board shall from
29 time to time by its regulations prescribe, and for such
30 privileges and use, the board shall charge a nonresident
31 fee at least equal to the cost paid by residents of the
32 city, incorporated town, village or township, with the
33 cost to be determined according to the formula
34 established by the Illinois State Library. The
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1 nonresident cards shall allow for borrowing privileges
2 only at the library where the card was issued. The
3 nonresident fee shall not apply to privilege and use
4 provided under the terms of the library's membership in a
5 library system operating under the provisions of the
6 Illinois Library System Act, under the terms of any
7 reciprocal agreement with a public or private corporation
8 or entity providing a library service, or to a
9 nonresident who as an individual or as a partner,
10 principal stockholder, or other joint owner owns taxable
11 property or is a senior administrative officer of a
12 firm, business, or other corporation owning taxable
13 property within the city, incorporated town, village or
14 township upon the presentation of the most recent tax
15 bill upon that taxable property, provided that the
16 privilege and use of the library is extended to only one
17 such nonresident for each parcel of such taxable
18 property;
19 13. To exercise the power of eminent domain subject
20 to the prior approval of the corporate authorities under
21 Sections 5-1 and 5-2 of this Act;
22 14. To join the public library as a member and to
23 join the library trustees as members in the Illinois
24 Library Association and the American Library Association,
25 non-profit, non-political, 501(c)(3) (501-C-3)
26 associations, as designated by the federal Internal
27 Revenue Service, having the purpose of library
28 development and librarianship; to provide for the payment
29 of annual membership dues, fees and assessments and act
30 by, through and in the name of such instrumentality by
31 providing and disseminating information and research
32 services, employing personnel and doing any and all other
33 acts for the purpose of improving library development;
34 15. To invest funds pursuant to the Public Funds
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1 Investment Act "An Act relating to certain investments of
2 public funds by public agencies", approved July 23, 1943,
3 as amended;
4 16. To accumulate and set apart as reserve funds
5 portions of the unexpended balances of the proceeds
6 received annually from taxes or other sources, for the
7 purpose of providing self-insurance against liabilities
8 relating to the public library.
9 (Source: P.A. 88-253; revised 10-31-98.)
10 Section 99. The Illinois Library System Act is amended
11 by changing Sections 5, 7, and 8.1 as follows:
12 (75 ILCS 10/5) (from Ch. 81, par. 115)
13 Sec. 5. Each cooperative public library system or
14 multitype library system created by conversion of a
15 cooperative public library system as provided in Section 4 2
16 of this Act shall be governed by a board of directors
17 numbering at least 5 and no more than 15 persons. In
18 cooperative public library systems the members shall be
19 elected or selected from the governing boards of the
20 participating public libraries. In multitype library systems
21 the board shall be representative of the variety of library
22 interests in the system, and at least a majority shall be
23 elected or selected from the governing boards of the member
24 public libraries, with not more than one director
25 representing a single member library. The number of
26 directors, the manner of election or selection, the term of
27 office and the provision for filling vacancies shall be
28 determined by the system governing board except that all
29 board members must be eligible electors in the geographical
30 area of the system. No director of any library system,
31 however, shall be permitted to serve for more than a total of
32 6 years unless 2 years have elapsed since his sixth year of
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1 service.
2 The board of directors shall elect a president, secretary
3 and treasurer. Before entering upon his duties, the treasurer
4 shall be required to give a bond in an amount to be approved
5 by the board, but in no case shall such amount be less than
6 50% of the system's area and per capita grant for the
7 previous year, conditioned that he will safely keep and pay
8 over upon the order of such board all funds received and held
9 by him for the library system. The funds of the library
10 system shall be deposited in a bank or savings and loan
11 association designated by the board of directors and shall be
12 expended only under the direction of such board upon properly
13 authenticated vouchers.
14 No bank or savings and loan association shall receive
15 public funds as permitted by this Section, unless it has
16 complied with the requirements established pursuant to
17 Section 6 of the Public Funds Investment Act "An Act relating
18 to certain investments of public funds by public agencies",
19 approved July 23, 1943, as now or hereafter amended.
20 The members of the board of directors of the library
21 system shall serve without compensation but their actual and
22 necessary expenses shall be a proper charge against the
23 library fund.
24 (Source: P.A. 83-1362; revised 10-31-98.)
25 (75 ILCS 10/7) (from Ch. 81, par. 117)
26 Sec. 7. Each board of library directors of a system
27 shall carry out the spirit and intent of this Act and, in
28 addition to the other powers conferred by this Act, shall
29 have the following powers:
30 1. To develop and to amend the bylaws and the plan of
31 service for the system subject to the approval of the State
32 Librarian.
33 2. To have the exclusive control of the expenditure of
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1 all moneys and funds held in the name of the library system.
2 3. To make and adopt such policies, rules and
3 regulations for the government and operation of the library
4 system as necessary.
5 4. To purchase or lease ground and to construct,
6 purchase or lease, and occupy an appropriate building or
7 buildings for the use of the library system including but not
8 limited to the power to purchase or lease either real or
9 personal property for system purposes through contracts which
10 provide for the consideration for such purchase or lease to
11 be paid through installments at stated intervals during a
12 certain period not to exceed 20 years together with interest
13 at a rate not to exceed the interest rate specified in
14 Section 2 of the Bond Authorization Act "An Act to authorize
15 public corporations to issue bonds, other evidences of
16 indebtedness and tax anticipation warrants subject to
17 interest rate limitations set forth therein", approved May
18 26, 1970, as amended, on the unpaid balance owing and to
19 purchase real estate for system purposes upon a mortgage
20 basis for up to 75% of the total consideration therefor, the
21 remaining balance to be paid through installments at stated
22 intervals for a period not to exceed 20 years together with
23 interest at a rate not to exceed the interest rate specified
24 in Section 2 of the Bond Authorization Act "An Act to
25 authorize public corporations to issue bonds, other evidences
26 of indebtedness and tax anticipation warrants subject to
27 interest rate limitations set forth therein", approved May
28 26, 1970, as amended, on the unpaid balance owing, except
29 that in the case of a library system consisting of a single
30 public library or multitype library system serving a city of
31 over 500,000 population, this power shall be governed by the
32 provisions of Division 10 of Article 8 of the Illinois
33 Municipal Code, as heretofore or hereafter amended.
34 5. To appoint and to fix the compensation of a competent
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1 librarian, who shall have the authority to hire such other
2 employees as may be necessary, to fix their compensation, and
3 to remove such appointees, subject to the approval of the
4 board. The board may also retain counsel and professional
5 consultants, as needed.
6 6. To contract with any public or private corporation or
7 entity for the purpose of providing or receiving library
8 service or of performing any and all other acts necessary and
9 proper to carry out the responsibilities and the provisions
10 of this Act. This power includes, but is not limited to
11 participation in interstate library compacts and library
12 systems, and the expenditure of any federal or State funds
13 made available to any county, municipality, township or to
14 the State of Illinois for library purposes.
15 7. To accrue and accumulate funds in special reserve
16 funds pursuant to the provisions of a plan to acquire realty,
17 improved or unimproved, for library system purposes.
18 8. To be a body politic and corporate, to contract and
19 to hold title to property by the name of the "Board of
20 Directors of the .... Library System, ...., Illinois", and
21 in that name to sue and be sued and to take any action
22 authorized by law.
23 9. To undertake programs for the purpose of encouraging
24 the addition to the district of adjacent areas without local
25 tax-supported library service, and to expend funds for this
26 purpose.
27 10. To join the library system as a member in the
28 Illinois Library Association and the American Library
29 Association, non-profit, non-political, 501(c)(3) (501-C-3)
30 associations, as designated by the federal Internal Revenue
31 Service, having the purpose of library development and
32 librarianship; to provide for the payment of annual
33 membership dues, fees and assessments and act by, through and
34 in the name of such instrumentality by providing and
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1 disseminating information and research services, employing
2 personnel and doing any and all other acts for the purpose of
3 improving library development.
4 11. To take and to have title to any personal or real
5 property acquired by it for library system purposes.
6 12. To borrow funds for the purpose of expanding or
7 improving the system's facilities through the mortgaging of
8 system owned property or of borrowing against other system
9 owned assets. The mortgaging of system owned property or the
10 borrowing against other system owned assets shall not exceed
11 75% of the value thereof.
12 (Source: P.A. 85-706; revised 10-31-98.)
13 (75 ILCS 10/8.1) (from Ch. 81, par. 118.1)
14 Sec. 8.1. The State Librarian shall make grants annually
15 under this Section to all qualified public libraries in the
16 State from funds appropriated by the General Assembly. Such
17 grants shall be in the amount of up to $1.25 per capita for
18 the population of the area served by the respective public
19 library and, in addition, the amount of up to $0.19 per
20 capita to libraries serving populations over 500,000 under
21 the Illinois Major Urban Library Program. If the moneys
22 appropriated for grants under this Section are not
23 sufficient the State Librarian shall reduce the per capita
24 amount of the grants so that the qualifying public libraries
25 receive the same amount per capita.
26 To be eligible for grants under this Section, a public
27 library must:
28 (1) Provide, as determined by the State Librarian,
29 library services which either meet or show progress
30 toward meeting the Illinois library standards, as most
31 recently adopted by the Illinois Library Association.
32 (2) Be a public library for which is levied a tax
33 for library purposes at a rate not less than .13% or a
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1 county library for which is levied a tax for library
2 purposes at a rate not less than .07%. If a library is
3 subject to the Property Tax Extension Limitation Law in
4 the Property Tax Code and its tax levy for library
5 purposes has been lowered to a rate of less than .13%,
6 this requirement will be waived if the library qualified
7 for this grant in the previous year and if the tax levied
8 for library purposes in the current year produces tax
9 revenue for library purposes that is an increase over the
10 previous year's extension of 5% or the percentage
11 increase in the Consumer Price Index, whichever is less.
12 Any other language in this Section to the contrary
13 notwithstanding, grants under this Section 8.1 shall be made
14 only upon application of the public library concerned, which
15 applications shall be entirely voluntary and within the sole
16 discretion of the public library concerned.
17 Notwithstanding the first paragraph of this Section,
18 during fiscal year 1978, the amount of grants under this
19 Section shall be $0.25 .25 per capita, during fiscal year
20 1979 the amount of grants under this Section shall be $0.50
21 per capita, during fiscal year 1980 the amount of grants
22 under this Section shall be $0.75 per capita, during fiscal
23 year 1981 through fiscal year 1993 the amount of grants shall
24 be $1 per capita, and during fiscal year 1994 and thereafter
25 the amount of public library grants shall be $1.25 per
26 capita, and the amount of the Major Urban Library Program
27 grants shall be $0.19 per capita. If the monies appropriated
28 for these grants are not sufficient, the State Librarian
29 shall reduce the per capita amount of the grants
30 proportionately.
31 In order to be eligible for a grant under this Section,
32 the corporate authorities, in lieu of a tax levy at a
33 particular rate, may provide funds from other sources, an
34 amount equivalent to the amount to be produced by that levy.
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1 (Source: P.A. 90-169, eff. 7-23-97; revised 10-31-98.)
2 Section 100. The Township Library Bond Act is amended by
3 changing Section 8 as follows:
4 (75 ILCS 35/8) (from Ch. 81, par. 53)
5 Sec. 8. The board of directors of the public library of
6 any township, which has issued bonds pursuant to the
7 provisions of this Act, shall, on or before the first Tuesday
8 in August, of each year, ascertain as near as practicable,
9 the amount of money which must be raised by special taxation
10 for the ensuing year, for the purpose of paying the interest
11 upon such bonds and the principal thereof, as they
12 respectively become due; and shall cause the same to be
13 certified, under the signatures of the president and
14 secretary of such board of directors, and filed in the office
15 of the county clerk of the county in which the library is
16 situated, on or before the second Monday in August of each
17 year; which certificate may be substantially in the following
18 form:
19 We certify that the Board of Directors of the .... Public
20 Library has determined that it will require the sum of
21 $......, to be levied as a special tax upon the taxable
22 property of .... Township, for the year (insert year) of 19..
23 ........ 19..
26 Board of Directors of .... Public Library.
27 Signature of .... President.
28 Signature of .... Secretary.
29 (Source: P.A. 84-1308; revised 10-20-98.)
30 Section 101. The School Code is amended by changing
31 Sections 1B-6, 2-3.73, 2-3.106, 2-3.114, 3A-10, 5-22, 7-7.5,
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1 7A-4, 8-2, 8-9, 9-10, 9-12, 9-12.1, 10-5, 10-18, 10-22.22b,
2 10-22.22c, 11A-5, 11B-5, 11D-4, 12-11.1, 14A-4, 17-2C, 17-11,
3 18-8.05, 21-10, 21-12, 27-8.1, 27A-4, 29-5.2, 32-1, 32-1.4,
4 32-5.2, 32-7, 34-21.1, and 34-84a.1 as follows:
5 (105 ILCS 5/1B-6) (from Ch. 122, par. 1B-6)
6 Sec. 1B-6. General powers. The purpose of the Financial
7 Oversight Panel shall be to exercise financial control over
8 the board of education, and, when approved by the State Board
9 and the State Superintendent of Education, to furnish
10 financial assistance so that the board can provide public
11 education within the board's jurisdiction while permitting
12 the board to meet its obligations to its creditors and the
13 holders of its notes and bonds. Except as expressly limited
14 by this Article, the Panel shall have all powers necessary to
15 meet its responsibilities and to carry out its purposes and
16 the purposes of this Article, including, but not limited to,
17 the following powers:
18 (a) to sue and be sued;
19 (b) to provide for its organization and internal
20 management;
21 (c) to appoint a Financial Administrator to serve as the
22 chief executive officer of the Panel. The Financial
23 Administrator may be an individual, partnership, corporation,
24 including an accounting firm, or other entity determined by
25 the Panel to be qualified to serve; and to appoint other
26 officers, agents, and employees of the Panel, define their
27 duties and qualifications and fix their compensation and
28 employee benefits;
29 (d) to approve the local board of education appointments
30 to the positions of treasurer in a Class I county school unit
31 and in each school district which forms a part of a Class II
32 county school unit but which no longer is subject to the
33 jurisdiction and authority of a township treasurer or
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1 trustees of schools of a township because the district has
2 withdrawn from the jurisdiction and authority of the township
3 treasurer and the trustees of schools of the township or
4 because those offices have been abolished as provided in
5 subsection (b) or (c) of Section 5-1, and chief school
6 business official, if such official is not the superintendent
7 of the district. Either the board or the Panel may remove
8 such treasurer or chief school business official;.
9 (e) to approve any and all bonds, notes, teachers
10 orders, tax anticipation warrants, and other evidences of
11 indebtedness prior to issuance or sale by the school
12 district; and notwithstanding any other provision of The
13 School Code, as now or hereafter amended, no bonds, notes,
14 teachers orders, tax anticipation warrants or other evidences
15 of indebtedness shall be issued or sold by the school
16 district or be legally binding upon or enforceable against
17 the local board of education unless and until the approval of
18 the Panel has been received;.
19 (f) to approve all property tax levies of the school
20 district and require adjustments thereto as the Panel deems
21 necessary or advisable;
22 (g) to require and approve a school district financial
23 plan;
24 (h) to approve and require revisions of the school
25 district budget;
26 (i) to approve all contracts and other obligations as
27 the Panel deems necessary and appropriate;
28 (j) to authorize emergency State financial assistance,
29 including requirements regarding the terms and conditions of
30 repayment of such assistance, and to require the board of
31 education to levy a separate local property tax, subject to
32 the limitations of Section 1B-8, sufficient to repay such
33 assistance consistent with the terms and conditions of
34 repayment and the district's approved financial plan and
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1 budget;
2 (k) to request the regional superintendent to make
3 appointments to fill all vacancies on the local school board
4 as provided in Section 10-10;
5 (l) to recommend dissolution or reorganization of the
6 school district to the General Assembly if in the Panel's
7 judgment the circumstances so require;
8 (m) to direct a phased reduction in the oversight
9 responsibilities of the Financial Administrator and of the
10 Panel as the circumstances permit;
11 (n) to determine the amount of emergency State financial
12 assistance to be made available to the school district, and
13 to establish an operating budget for the Panel to be
14 supported by funds available from such assistance, with the
15 assistance and the budget required to be approved by the
16 State Superintendent;
17 (o) to procure insurance against any loss in such
18 amounts and from such insurers as it deems necessary;
19 (p) to engage the services of consultants for rendering
20 professional and technical assistance and advice on matters
21 within the Panel's power;
22 (q) to contract for and to accept any gifts, grants or
23 loans of funds or property or financial or other aid in any
24 form from the federal government, State government, unit of
25 local government, school district or any agency or
26 instrumentality thereof, or from any other private or public
27 source, and to comply with the terms and conditions thereof;
28 (r) to pay the expenses of its operations based on the
29 Panel's budget as approved by the State Superintendent from
30 emergency financial assistance funds available to the
31 district or from deductions from the district's general State
32 aid; and
33 (s) to do any and all things necessary or convenient to
34 carry out its purposes and exercise the powers given to the
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1 Panel by this Article.
2 (Source: P.A. 87-473; 88-618, eff. 9-9-94; revised 10-31-98.)
3 (105 ILCS 5/2-3.73) (from Ch. 122, par. 2-3.73)
4 Sec. 2-3.73. Missing child program. The State Board of
5 Education shall administer and implement a missing child
6 program in accordance with the provisions of this Section.
7 Upon receipt of each periodic information bulletin from the
8 Department of State Police Law Enforcement pursuant to
9 Section 6 of the Intergovernmental Missing Child Recovery Act
10 of 1984, the State Board of Education shall promptly make
11 copies of the same and mail one copy to the school board of
12 each school district in this State and to the principal or
13 chief administrative officer of each nonpublic elementary and
14 secondary school in this State. Upon receipt each school
15 board shall compare the names on the bulletin to the names of
16 all students presently enrolled in the schools of the
17 district. If a school board or its designee determines that
18 a missing child is attending one of the schools within the
19 school district, or if the principal or chief administrative
20 officer of a nonpublic school is notified by school personnel
21 that a missing child is attending that school, the school
22 board or the principal or chief administrative officer of the
23 nonpublic school shall immediately give notice of this fact
24 to the State Board of Education, the Department of State
25 Police Law Enforcement, and the law enforcement agency having
26 jurisdiction in the area where the missing child resides or
27 attends school.
28 (Source: P.A. 84-1308; revised 10-31-98.)
29 (105 ILCS 5/2-3.106) (from Ch. 122, par. 2-3.106)
30 Sec. 2-3.106. State Urban Education Partnership Grants.
31 From State moneys appropriated specifically for purposes of
32 this Section, the State Board of Education shall award State
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1 Urban Education Partnership Grants to qualifying attendance
2 centers within school districts that meet the criteria
3 specified in subparagraph (A) or subparagraph (B) below:
4 (A) The number of students enrolled in the public
5 schools of the district is 1,500 or more, and not less
6 than 10% of those students are low income students as
7 determined with reference to the annual Public Schools
8 Fall Enrollment-Housing Report that the school district
9 is required to file with the State Board of Education; or
10 (B) The school district receives not less than
11 $100,000 in a fiscal year from funds allocated and
12 distributed under Chapter 1 of Title I of the federal
13 Elementary and Secondary Education Act of 1965, and not
14 less than 10% of the students enrolled in the public
15 schools of the school district are "minority students",
16 defined for purposes of this Section to mean a pupil who
17 is Black (having origins in any of the black racial
18 groups in Africa), Hispanic (of Spanish or Portuguese
19 culture with origins in Mexico, South or Central America,
20 or the Caribbean Islands, regardless of race), Asian
21 American (having origins in any of the original peoples
22 of the Far East, Southeast Asia, the Indian Subcontinent,
23 or the Pacific Islands), or American Indian or Alaskan
24 Native (having origins in any of the original peoples of
25 North America).
26 State Urban Education Partnership Grants awarded under
27 this Section shall be used for the planning, development,
28 operation or expansion of programs, projects and activities
29 that are designed to carry out programs that improve student
30 achievement or the quality of education for students and that
31 are comparable or similar in nature to targeted assistance
32 programs for which discretionary federal grant funds are
33 allocated under Chapter 2 of Title I of the the federal
34 Elementary and Secondary Education Act of 1965; provided,
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1 that in evaluating applications and awarding State Urban
2 Education Partnership Grants under this Section, priority
3 consideration and preference shall be given to grant
4 applications that propose to carry out effective school
5 programs that are developed and designed to increase the
6 academic achievement levels of students in large and small
7 urban communities through collaborative efforts or
8 partnerships between the attendance center applying for the
9 grant and at least one parent or community group, social
10 service agency, public sector business entity or institution
11 of higher education. Indicators of such effective school
12 programs shall include but not be limited to components
13 designed to improve student attendance at school and in
14 class, increase student homework output and quality, increase
15 student time on the task of acquiring basic and higher order
16 skills, improve teacher-given classroom grades, improve State
17 and national standardized test scores and assessment results,
18 improve community involvement in the development and
19 implementation of effective school programs, and improve
20 parent involvement to foster a positive home environment,
21 meaningful parent-child communication in matters of
22 educational performance and progress, and increased parent
23 participation in home learning activities, school volunteer
24 activities and school governance.
25 The State Board of Education shall adopt rules and
26 regulations governing the procedure and requirements
27 applicable to grant applications submitted under this
28 Section. The period during which grants may be awarded to an
29 attendance center under this Section shall not exceed 3
30 consecutive school years; provided that before approving
31 continuation of a grant for a new school year, the State
32 Board of Education shall review and evaluate a report which
33 the attendance center shall file with respect to its use of
34 grant funds in carrying out grant programs during the
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1 preceding school year.
2 Grants shall be awarded to attendance centers under this
3 Section on a competitive basis, and the State Board of
4 Education shall establish standards, consistent with the
5 provisions of this Section, by which to evaluate grant
6 applications and programs submitted and proposed hereunder.
7 It is the purpose and intent of this Section to establish
8 a State grant program that parallels and supplements, but
9 that operates independently of federal grant programs that
10 allocate funds for targeted assistance under Chapter 2 of
11 Title I of the federal Elementary and Secondary Education Act
12 of 1965.
13 (Source: P.A. 87-789; 87-895; revised 10-31-98.)
14 (105 ILCS 5/2-3.114)
15 Sec. 2-3.114. Federal Goals 2000 funds. Notwithstanding
16 any other law to the contrary, the State Board of Education
17 shall not accept or expend any federal funds provided for
18 participation in the federal Goals 2000 or outcome-based
19 education programs established under the Goals 2000: Educate
20 America Act, except in those cases in which the State Board
21 of Education acts as a flow-through agency for the direct
22 release to school districts of grant funds and awards
23 provided under the federal Goals 2000 program. In those
24 cases in which the State Board of Education functions as a
25 flow-through agency for the direct release to school
26 districts of grants or awards under the federal Goals 2000
27 program, the State Board of Education is authorized to
28 retain, for its administrative expenses directly related to
29 its services as the flow through agency, up to but not more
30 than 1% of the aggregate Goals 2000 program funds that flow
31 through the State Board of Education for direct release to
32 school districts. No school district, attendance center,
33 school board, local school council, or other school
-563- LRB9101253EGfg
1 administrator may use or authorize or require the use of any
2 funds, grants, or awards received under this Section for
3 purposes of providing outcome-based outcomes-based education,
4 school-based health clinics, or any other health or social
5 service, nor may the State Board of Education or any other
6 local educational agency use or authorize or require any such
7 funds, grants, or awards to be used for any such purpose.
8 (Source: P.A. 89-610, eff. 8-6-96; revised 10-31-98.)
9 (105 ILCS 5/3A-10) (from Ch. 122, par. 3A-10)
10 Sec. 3A-10. Notice of Election. A notice of the
11 election shall be given in accordance with the general
12 election law. In addition to the requirements of the general
13 election law the notice shall be in substantially the
14 following form:
15 NOTICE OF EDUCATIONAL SERVICE REGION ELECTION
16 Notice is hereby given that on (insert date) .........,
17 19.., an election will be held in ............... County,
18 Illinois, for the purpose of voting upon this question:
19 Shall ............. County be disconnected from the
20 Educational Service Region for the Counties of
21 ................ and ............. and shall the regional
22 board of school trustees for ............. County be
23 requested to approve the consolidation of the counties into a
24 single educational service region?
25 (Source: P.A. 81-1489; revised 10-19-98.)
26 (105 ILCS 5/5-22) (from Ch. 122, par. 5-22)
27 Sec. 5-22. Sales of school sites, buildings or other real
28 estate. When in the opinion of the school board, a school
29 site, or portion thereof, building, or site with building
30 thereon, or any other real estate of the district, has become
31 unnecessary or unsuitable or inconvenient for a school, or
32 unnecessary for the uses of the district, the school board,
-564- LRB9101253EGfg
1 by a resolution adopted by at least two-thirds of the board
2 members, may sell or direct that the property be sold in the
3 manner provided in the Local Government Property Transfer
4 Act, or in the manner herein provided. Unless legal title to
5 the land is held by the school board, the school board shall
6 forthwith notify the trustees of schools or other school
7 officials having legal title to such land of the terms upon
8 which they desire the property to be sold. If the property is
9 to be sold to another unit of local government or school
10 district, the school board, trustees of schools, or other
11 school officials having legal title to the land shall proceed
12 in the manner provided in the Local Government Property
13 Transfer Act. In all other cases the school board, trustees
14 of schools, or other school officials having legal title to
15 the land shall, within 60 days after adoption of the
16 resolution (if the school board holds legal title to the
17 land), or within 60 days after the trustees of school or
18 other school officials having legal title receive the notice
19 (if the school board does not hold legal title to the land),
20 sell the property at public sale, by auction or sealed bids,
21 after first giving notice of the time, place, and terms
22 thereof by notice published once each week for 3 successive
23 weeks prior to the date of the sale if sale is by auction, or
24 prior to the final date of acceptance of bids if sale is by
25 sealed bids, in a newspaper published in the district or, if
26 no such newspaper is published in the district, then in a
27 newspaper published in the county and having a general
28 circulation in the district; however, if territory containing
29 a school site, building, or site with building thereon, is
30 detached from the school district of which it is a part after
31 proceedings have been commenced under this Section for the
32 sale of that school site, building, or site with building
33 thereon, but before the sale is held, then the school board,
34 trustees of schools, or other school officials having legal
-565- LRB9101253EGfg
1 title shall not advertise or sell that school site, building,
2 or site with building thereon, pursuant to those proceedings.
3 The notices may be in the following form:
4 NOTICE OF SALE
5 Notice is hereby given that on (insert date), the ....
6 day of ...., 19.., the (here insert title of the school
7 board, trustees of school, or other school officials holding
8 legal title) of (county) (Township No. ...., Range No. ....
9 P.M. ....) will sell at public sale (use applicable
10 alternative) (at ......... (state location of sale which
11 shall be within the district), at .... ..M.,) (by taking
12 sealed bids which shall be accepted until .... ..M., on
13 (insert date), the ..... day of ......, 19..., at (here
14 insert location where bids will be accepted which shall be
15 within the district) which bids will be opened at .... ..M.
16 on (insert date) the .... day of ......, 19.... at (here
17 insert location where bids will be opened which shall be
18 within the district)) the following described property: (here
19 describe the property), which sale will be made on the
20 following terms to-wit: (here insert terms of sale)
21 ....
22 ....
23 ....
24 (Here insert title of school
25 officials holding legal title)
26 For purposes of determining "terms of sale" under this
27 Section, the General Assembly declares by this clarifying and
28 amendatory Act of 1983 that "terms of sale" are not limited
29 to sales for cash only but include contracts for deed,
30 mortgages, and such other seller financed terms as may be
31 specified by the school board.
32 If a school board specifies a reasonable minimum selling
33 price and that price is not met or if no bids are received,
34 the school board may adopt a resolution determining or
-566- LRB9101253EGfg
1 directing that the services of a licensed real estate broker
2 be engaged to sell the property for a commission not to
3 exceed 7%, contingent on the sale of the property within 120
4 days. If legal title to the property is not held by the
5 school board, the trustees of schools or other school
6 officials having legal title shall, upon receipt of the
7 resolution, engage the services of a licensed real estate
8 broker as directed in the resolution. The board may accept a
9 written offer equal to or greater than the established
10 minimum selling price for the described property. The
11 services of a licensed real estate broker may be utilized to
12 seek a buyer. If the board lowers the minimum selling price
13 on the described property, the public sale procedures set
14 forth in this Section must be followed. The board may raise
15 the minimum selling price without repeating the public sale
16 procedures.
17 The deed of conveyance shall be executed by the president
18 and clerk or secretary of the school board, trustees of
19 schools, or other school officials having legal title to the
20 land, and the proceeds paid to the school treasurer for the
21 benefit of the district; provided, that the proceeds of any
22 such sale on the island of Kaskaskia shall be paid to the
23 State Treasurer for the use of the district and shall be
24 disbursed by him in the same manner as income from the
25 Kaskaskia Commons permanent school fund. The school board
26 shall use the proceeds from the sale first to pay the
27 principal and interest on any outstanding bonds on the
28 property being sold, and after all such bonds have been
29 retired, the remaining proceeds from the sale next shall be
30 used by the school board to meet any urgent district needs as
31 determined under Sections 2-3.12 and 17-2.11 and then for any
32 other authorized purpose and for deposit into any district
33 fund. But whenever the school board of any school district
34 determines that any schoolhouse site with or without a
-567- LRB9101253EGfg
1 building thereon is of no further use to the district, and
2 agrees with the school board of any other school district
3 within the boundaries of which the site is situated, upon the
4 sale thereof to that district, and agrees upon the price to
5 be paid therefor, and the site is selected by the purchasing
6 district in the manner required by law, then after the
7 payment of the compensation the school board, township
8 trustees, or other school officials having legal title to the
9 land of the schools shall, by proper instrument in writing,
10 convey the legal title of the site to the school board of the
11 purchasing district, or to the trustees of schools for the
12 use of the purchasing district, in accordance with law. The
13 provisions of this Section shall not apply to any sale made
14 pursuant to Section 5-23 or Section 5-24 or Section 32-4.
15 (Source: P.A. 87-984; 88-155; revised 10-20-98.)
16 (105 ILCS 5/7-7.5)
17 Sec. 7-7.5. Holding of elections.
18 (a) Elections provided by this Article shall be
19 conducted in accordance with the general election law.
20 (b) The notice shall be in substantially the following
21 form:
22 NOTICE OF REFERENDUM FOR ANNEXATION
23 BY ..... (Name of Annexing District)
24 OF ALL TERRITORY OF ..... (Name Of
25 District Or Districts All Of
26 Whose Territory Is To Be Annexed)
27 NOTICE is hereby given that on (insert date), the
28 .... day of ...., 19 ..., a referendum will be held in
29 part(s) of ...... County (Counties) for the purpose of
30 voting for or against the proposition to annex all of the
31 territory comprising ..... (name of each such school
32 district) of ....... County, Illinois to ..... (name of
33 annexing school district) of ...... County, Illinois.
-568- LRB9101253EGfg
1 The territory which now comprises all of the
2 territory of ..... (name of the school district or
3 districts) of ...... County, Illinois, which territory is
4 the same as the territory which is proposed to be annexed
5 to ..... (name of annexing school district) of .......
6 County, Illinois, is described as follows: (Here describe
7 such territory.)
8 The territory which now comprises ..... (name of
9 annexing school district) of ....... County, Illinois,
10 which district it is proposed shall annex the territory
11 above described in this Notice, is described as follows:
12 (Here describe such territory.)
13 The election is called and will be held pursuant to
14 an order of the regional board of school trustees (or,
15 State Superintendent of Education) dated on (insert
16 date), the .... day of ...., 19 ...., which order states
17 that the change of boundaries pursuant to the annexation
18 granted or approved by the order shall be made if a
19 majority of those voters in each of the affected school
20 districts who vote on the proposition at the election
21 vote in favor thereof.
22 Dated (insert date). this ..... day of ...., 19.....
23 the
8 .... day of ...., 19 ..., a referendum will be held in
9 part(s) of ...... county (counties) for the purpose of
10 voting for or against the proposition to dissolve Unit
11 School District No. ..... of ....... County, Illinois, to
12 create an elementary school district to be comprised of
13 the same territory which now comprises the unit school
14 district proposed to be so dissolved, and to annex that
15 same territory to High School District No. ..... of
16 ...... County, Illinois.
17 The territory which now comprises Unit School
18 District No. ..... of ....... County, Illinois, which
19 territory is the same as the territory which is to
20 comprise the elementary school district proposed to be
21 created and which also is the same as the territory which
22 is proposed to be annexed to High School District No.
23 ..... of ....... County, Illinois, is described as
24 follows: (Here describe such territory.)
25 The territory which now comprises High School
26 District No. ..... of ....... County, Illinois, which
27 high school district it is proposed shall annex the
28 territory above described in this Notice, is described as
29 follows: (Here describe such territory.)
30 The election is called and will be held pursuant to
31 an order of the Regional Superintendent dated on (insert
32 date), the .... day of ...., 19 ...., which order states
33 that if a majority of the voters residing in Unit School
34 District No. ..... of ....... County, Illinois and voting
-570- LRB9101253EGfg
1 at the referendum on the proposition vote in favor of
2 such proposition, and if by separate ballot a majority of
3 the voters residing in High School District No. ..... of
4 ....... County, Illinois and voting at the referendum on
5 the proposition to annex the territory first above
6 described in this Notice vote in favor thereof, that then
7 the tax rates for educational and operations, building
8 and maintenance purposes and the purchase of school
9 grounds, pupil transportation, and fire prevention and
10 safety purposes which shall constitute the tax rates for
11 the elementary school district so created and for High
12 School District No. ..... of ....... County, Illinois
13 upon annexation of the territory first above described
14 shall be: (i) with respect to such elementary school
15 district, ....... for educational purposes, ....... for
16 operations, building and maintenance purposes and the
17 purchase of school grounds, ...... for pupil
18 transportation purposes, and ...... for fire prevention
19 and safety purposes, and (ii) with respect to High School
20 District No. ..... of ....... County, Illinois upon such
21 annexation, ....... for educational purposes, ....... for
22 operations, building and maintenance purposes and the
23 purchase of school grounds, ...... for pupil
24 transportation purposes, and ...... for fire prevention
25 and safety purposes.
26 Dated (insert date). this ..... day of ...., 19.....
27 the
11 ..... day of ....., 19 ...., a referendum will be held in
12 part(s) of ........ county (counties) for the purpose of
13 voting for or against a proposition that High School
14 District No. ..... of ....... County, Illinois annex
15 certain contiguous territory hereinafter described upon
16 the dissolution of such contiguous territory as a unit
17 school district.
18 The territory which now comprises High School
19 District No. ..... of ....... County, Illinois is
20 described as follows: (Here describe such territory.)
21 The contiguous territory which it is proposed shall
22 be annexed by High School District No. ..... of .......
23 County, Illinois upon the dissolution of such contiguous
24 territory as a unit school district is described as
25 follows: (Here describe such territory.)
26 The election is called and will be held pursuant to
27 an order of the Regional Superintendent dated on (insert
28 date), the ..... day of ....., 19 ...., which order
29 states that if a majority of the voters residing in High
30 School District No. ..... of ....... County, Illinois and
31 voting at the referendum on the proposition to annex the
32 territory last described above vote in favor of such
33 proposition, and if by separate ballot a majority of the
34 voters residing in the territory last described above and
-572- LRB9101253EGfg
1 voting at the referendum on the proposition to dissolve
2 such territory as a unit school district, to create an
3 elementary school district therefrom and to annex such
4 territory to High School District No. ..... of .......
5 County, Illinois vote in favor of such proposition, that
6 then the tax rates for educational and operations,
7 building and maintenance purposes and the purchase of
8 school grounds, pupil transportation, and fire prevention
9 and safety purposes which shall constitute the tax rates
10 for High School District No. ..... of ....... County,
11 Illinois upon and after annexation of the territory last
12 described above shall be ....... for educational
13 purposes, ....... for operations, building and
14 maintenance purposes and the purchase of school grounds,
15 ...... for pupil transportation purposes, and ...... for
16 fire prevention and safety purposes.
17 Dated (insert date). this ..... day of ...., 19.....
18 ....... 19...
18 The condition of this obligation is such that if AB,
19 school treasurer in the above stated county, faithfully
20 discharges the duties of his or her office, according to law,
21 and delivers to his or her successor in office, after such
22 successor has qualified by giving bond as provided by law,
23 all moneys, books, papers, securities and control, which have
24 come into his or her possession or control, as such school
25 treasurer, from the date of his or her bond to the time that
26 his or her successor has qualified as school treasurer, by
27 giving such bond as required by law, then this obligation to
28 be void; otherwise to remain in full force and effect.
29 Approved and accepted by:
30 A.... B.... (Signature)
31 C.... D.... (Signature)
32 E.... F.... (Signature)
33 G.... H.... (Signature)
34 I.... J.... (Signature)
-575- LRB9101253EGfg
1 K.... L.... (Signature)
2 (Board of Education or Board of
3 Directors of District No. .....
4 By ....
5 President Secretary or Clerk
6 or ....
7 .... Township Trustees)
8 No part of the State or other school fund shall be paid
9 to any school treasurer or other persons authorized to
10 receive it unless such treasurer has filed his or her bond,
11 or if reelected, has renewed his or her bond and filed it as
12 required by law.
13 (Source: P.A. 89-212, eff. 8-4-95; revised 10-20-98.)
14 (105 ILCS 5/8-9) (from Ch. 122, par. 8-9)
15 Sec. 8-9. Mortgages - Form. Mortgages to secure the
16 payment of money loaned under the provisions of this Act may
17 be in the following form:
18 I, A B, of the county of ...., State of ...., do hereby
19 grant, convey and transfer to the trustees of schools of
20 township No. ...., Range No. ...., in the County of ...., and
21 State of Illinois, for the use of the inhabitants of the
22 township, the following described real estate: (here insert
23 premises), which real estate I declare to be in mortgage for
24 the payment of $...., loaned to me and for the payment of all
25 interest that may accrue thereon, to be computed at the rate
26 of .... per cent per year until paid. I agree to pay the
27 above sum of money in .... years from the date hereof, and to
28 pay the interest on the same annually, at the rate above
29 stated. I further covenant that I have a good and valid
30 title to the estate, and that the same is free from all
31 incumbrance, and that I will pay all taxes and assessments
32 which may be levied on the real estate, and that I will give
33 any additional security that may at any time be required in
-576- LRB9101253EGfg
1 writing by the board of trustees; and if the real estate is
2 sold to pay the debt or any part thereof, or for any failure
3 or refusal to comply with or perform the conditions or
4 covenants herein contained, I will deliver immediate
5 possession of the premises. It is further agreed by and
6 between the parties that in the event a complaint is filed in
7 any court to foreclose this mortgage for non-payment of
8 either principal or interest, that the mortgagor will pay a
9 reasonable attorney's fee, and the same shall be included in
10 the judgment and be taxed as costs; and we, A B, and C,
11 spouse of A B, hereby release all rights to the premises
12 which we may have by virtue of any homestead laws of this
13 State.
14 Dated (insert date). 19
15 A .... B ....................
16 C .... D ....................
17 The mortgage shall be acknowledged and recorded as is
18 required by law for other conveyances of real estate, the
19 mortgagor paying the expenses of acknowledgment and
20 recording.
21 (Source: P.A. 84-550; revised 10-20-98.)
22 (105 ILCS 5/9-10) (from Ch. 122, par. 9-10)
23 Sec. 9-10. Candidates for office - Nominating petitions.
24 Candidates for the office of school director shall be
25 nominated by petition signed by at least 25 voters or 5% of
26 the voters, whichever is less, residing within the district
27 and filed with the secretary of the board of school directors
28 or with a person designated by the board to receive
29 nominating petitions.
30 Nominations for members of boards of education, including
31 non-high school boards of education shall be made by a
32 petition signed by at least 50 voters or 10% of the voters,
33 whichever is less, residing within the district and shall be
-577- LRB9101253EGfg
1 filed with the secretary of the board of education or with a
2 person designated by the board to receive nominating
3 petitions. In addition to the requirements of the general
4 election law, the form of such petitions shall be
5 substantially as follows:
6 NOMINATING PETITIONS
7 (LEAVE OUT THE INAPPLICABLE PART.)
8 To the secretary of the board of education (or board of
9 directors) of district number .... in .... County:
10 We the undersigned, being (.... or more) (or 10% or more)
11 (or 5% or more) of the voters residing within said district,
12 hereby petition that .... who resides at .... in the (city or
13 village) of .... in Township .... (or who resides outside any
14 city, village or incorporated town and in Township ....) in
15 said district shall be a candidate for the office of .... of
16 the board of education (or board of directors) (full term)
17 (vacancy) to be voted for at the election to be held on
18 (insert date). the .... day of ...., 19...
19 Name: .................. Address: ...................
20 Nomination papers filed under this Section are not valid
21 unless the candidate named therein files with the secretary
22 of the board of education or a person designated by the board
23 to receive nominating petitions a receipt from the county
24 clerk showing that the candidate has filed a statement of
25 economic interests as required by the Illinois Governmental
26 Ethics Act. Such receipt shall be so filed either previously
27 during the calendar year in which his nomination papers were
28 filed or within the period for the filing of nomination
29 papers in accordance with the general election law.
30 All petitions for the nomination of members of a board of
31 education shall be filed with the secretary of the board or a
32 person designated by the board to receive nominating
33 petitions within the time provided for by the general
34 election law. The secretary shall receive and file only
-578- LRB9101253EGfg
1 those petitions which include a statement of candidacy, the
2 required number of voter signatures, the notarized signature
3 of the petition circulator and a receipt from the County
4 Clerk showing that the candidate has filed a statement of
5 economic interest on or before the last day to file as
6 required by the Illinois Governmental Ethics Act. The
7 secretary may have petition forms available for issuance to
8 potential candidates, and may give notice of the petition
9 filing period by publication in a newspaper of general
10 circulation within the school district not less than 10 days
11 prior to the first day of filing. Said secretary shall make
12 certification to the proper election authorities in
13 accordance with the general election law. If the secretary
14 is an incumbent school board member seeking re-election, a
15 disinterested person must be a witness to the filing of his
16 petition.
17 The secretary of the board of education shall notify the
18 candidates for whom a petition for nomination is filed or the
19 appropriate committee of the obligations under the Campaign
20 Financing Act as provided in the general election law. Such
21 notice shall be given on a form prescribed by the State Board
22 of Elections and in accordance with the requirements of the
23 general election law. The secretary shall within 7 days of
24 filing or on the last day for filing, whichever is earlier,
25 acknowledge to the petitioner in writing his acceptance of
26 the petition.
27 A candidate for membership on the board of education or
28 for office as a school director, who has petitioned for
29 nomination to fill a full term and to fill a vacant term to
30 be voted upon at the same election, must withdraw his or her
31 petition for nomination from either the full term or the
32 vacant term by written declaration.
33 In all newly organized districts the petition for the
34 nomination of candidates for members of the board of
-579- LRB9101253EGfg
1 education at the first election shall be addressed to and
2 filed with the regional superintendent of schools in the
3 manner herein specified for the petitions for members of a
4 board of education. For such election the regional
5 superintendent shall fulfill all duties otherwise assigned to
6 the secretary of the board of education.
7 (Source: P.A. 82-1014; revised 10-20-98.)
8 (105 ILCS 5/9-12) (from Ch. 122, par. 9-12)
9 Sec. 9-12. Ballots for the election of school officers
10 shall be in one of the following forms:
11 (FORMAT 1
12 Ballot position for candidates shall be determined by the
13 order of petition filing or lottery held pursuant to Section
14 9-11.1.
15 This format is used by Boards of School Directors.
16 School Directors are elected at large.)
17 OFFICIAL BALLOT
18 FOR MEMBERS OF THE BOARD OF SCHOOL
19 DIRECTORS TO SERVE A FULL 4-YEAR TERM
20 VOTE FOR ....
21 ( ) ........................................
22 ( ) ........................................
23 ( ) ........................................
24 FOR MEMBERS OF THE BOARD OF SCHOOL
25 DIRECTORS TO SERVE AN UNEXPIRED 2-YEAR TERM
26 VOTE FOR ....
27 ( ) .......................................
28 ( ) .......................................
29 ( ) .......................................
30 (FORMAT 2
31 Ballot position for candidates shall be determined by the
32 order of petition filing or lottery held pursuant to Section
-580- LRB9101253EGfg
1 9-11.1.
2 This format is used when school board members are elected
3 at large. Membership on the school board is not restricted
4 by area of residence.
5 Types of school districts generally using this format
6 are:
7 Common school districts;
8 Community unit and community consolidated school
9 districts formed on or after January 1, 1975;
10 Community unit school districts formed prior to January
11 1, 1975 that elect board members at large and without
12 restriction by area of residence within the district under
13 subsection (c) of Section 11A-8;
14 Community unit, community consolidated and combined
15 school districts in which more than 90% of the population is
16 in one congressional township;
17 High school districts in which less than 15% of the
18 taxable property is located in unincorporated territory; and
19 unit districts (OLD TYPE);
20 Combined school districts formed on or after July 1,
21 1983;
22 Combined school districts formed before July 1, 1983 and
23 community consolidated school districts that elect board
24 members at large and without restriction by area of residence
25 within the district under subsection (c) of Section 11B-7.)
26 OFFICIAL BALLOT
27 FOR MEMBERS OF THE BOARD OF
28 EDUCATION TO SERVE A FULL 4-YEAR TERM
29 VOTE FOR ....
30 ( ) .......................................
31 ( ) .......................................
32 ( ) .......................................
33 FOR MEMBERS OF THE BOARD OF
34 EDUCATION TO SERVE AN UNEXPIRED 2-YEAR TERM
-581- LRB9101253EGfg
1 VOTE FOR ....
2 ( ) .......................................
3 ( ) .......................................
4 ( ) .......................................
5 (FORMATS 2a and 2b
6 Ballot position for at large candidates shall be
7 determined by the order of petition filing or lottery held
8 pursuant to Section 9-11.1 and ballot position for candidates
9 grouped by "affected school district", as that term is
10 defined in Section 9-11.2, shall be determined by order of
11 petition filing or lottery held pursuant to Sections 9-11.1
12 and 9-11.2.
13 Format 2a is used only in electing, to unstaggered terms
14 expiring on the date of the regular school election held in
15 calendar year 2001, the initial 7 members of the board of
16 education of a combined school district that is established
17 as provided in subsection (a-5) of Section 11B-7, and Format
18 2b is used only in electing, when required under Section
19 10-10, a successor to serve the remainder of the unstaggered,
20 unexpired term of any such initial board member in whose
21 office a vacancy has occurred.)
22 Format 2a:
23 OFFICIAL BALLOT
24 FOR MEMBERS OF THE BOARD OF EDUCATION
25 TO SERVE A FULL TERM EXPIRING ON
26 (Insert date of regular school election in 2001)
27 Instructions to voter: One member of the board of
28 education is to be elected at large from within the territory
29 included within the boundaries of (insert name of the
30 combined school district as proposed or formed), 3 members
31 are to be elected from the territory included within the
32 boundaries of (former) Elementary School District No. .....,
33 and 3 members are to be elected from the territory included
-582- LRB9101253EGfg
1 within the boundaries of (former) Elementary School District
2 No. ......
3 FOR THE MEMBER
4 OF THE BOARD OF EDUCATION
5 TO BE ELECTED AT LARGE
6 VOTE FOR ONE
7 ( ) .......................................
8 ( ) .......................................
9 FOR MEMBERS OF
10 THE BOARD OF EDUCATION
11 TO BE ELECTED FROM
12 (FORMER) ELEMENTARY SCHOOL DISTRICT NO. ....
13 VOTE FOR THREE
14 ( ) .......................................
15 ( ) .......................................
16 ( ) .......................................
17 ( ) .......................................
18 FOR MEMBERS OF
19 THE BOARD OF EDUCATION
20 TO BE ELECTED FROM
21 (FORMER) ELEMENTARY SCHOOL DISTRICT NO. ....
22 VOTE FOR THREE
23 ( ) .......................................
24 ( ) .......................................
25 ( ) .......................................
26 ( ) .......................................
27 Format 2b:
28 OFFICIAL BALLOT
29 FOR A MEMBER OF THE BOARD OF EDUCATION
30 TO BE ELECTED AT LARGE
31 TO SERVE AN UNEXPIRED TERM ENDING ON
-583- LRB9101253EGfg
1 (Insert date of regular school election in 2001)
2 VOTE FOR ONE
3 ( ) .......................................
4 ( ) .......................................
5 FOR MEMBERS (A MEMBER)
6 OF THE BOARD OF EDUCATION
7 TO BE ELECTED FROM
8 FORMER ELEMENTARY SCHOOL DISTRICT NO. ....
9 TO SERVE AN UNEXPIRED TERM ENDING ON
10 (Insert date of regular school election in 2001)
11 VOTE FOR ....
12 ( ) .......................................
13 ( ) .......................................
14 FOR MEMBERS (A MEMBER)
15 OF THE BOARD OF EDUCATION
16 TO BE ELECTED FROM
17 FORMER ELEMENTARY SCHOOL DISTRICT NO. ....
18 TO SERVE AN UNEXPIRED TERM ENDING ON
19 (Insert date of regular school election in 2001)
20 VOTE FOR ....
21 ( ) .......................................
22 ( ) .......................................
23 (FORMAT 3
24 Ballot position for incorporated and unincorporated areas
25 shall be determined by the order of petition filing or
26 lottery held pursuant to Sections 9-11.1 and 9-11.2.
27 This format is used by community unit, community
28 consolidated and combined school districts when the territory
29 is less than 2 congressional townships, or 72 square miles,
30 but consists of more than one congressional township, or 36
31 square miles, outside of the corporate limits of any city,
32 ( ) ............................ village or incorporated
-584- LRB9101253EGfg
1 town within the school district. The School Code requires
2 that not more than 5 board members shall be selected from any
3 city, village or incorporated town in the school district.
4 At least two board members must reside in the unincorporated
5 area of the school district.
6 Except for those community unit school districts formed
7 before January 1, 1975 that elect board members at large and
8 without restriction by area of residence within the district
9 under subsection (c) of Section 11A-8 and except for combined
10 school districts formed before July 1, 1983 and community
11 consolidated school districts that elect board members at
12 large and without restriction by area of residence within the
13 district under subsection (c) of Section 11B-7, this format
14 applies to community unit and community consolidated school
15 districts formed prior to January 1, 1975 and combined school
16 districts formed prior to July 1, 1983.)
17 OFFICIAL BALLOT
18 Instructions to voter: The board of education shall be
19 composed of members from both the incorporated and the
20 unincorporated area; not more than 5 board members shall be
21 selected from any city, village or incorporated town.
22 On the basis of existing board membership, not more than
23 .... may be elected from the incorporated areas.
24 FOR MEMBERS OF THE BOARD OF EDUCATION
25 TO SERVE A FULL 4-YEAR TERM
26 VOTE FOR ....
27 ................... Area
28 ( ) ...........................
29 ( ) ...........................
30 ................... Area
31 ( ) ...........................
32 ( ) ...........................
33 FOR MEMBERS OF THE BOARD OF EDUCATION
34 TO SERVE AN UNEXPIRED 2-YEAR TERM
-585- LRB9101253EGfg
1 VOTE FOR ....
2 ................... Area
3 ( ) ...........................
4 ( ) ...........................
5 ................... Area
6 ( ) ...........................
7 ( ) ...........................
8 (FORMAT 4
9 Ballot position for township areas shall be determined by
10 the order of petition filing or lottery held pursuant to
11 Sections 9-11.1 and 9-11.2.
12 Except for those community unit school districts formed
13 prior to January 1, 1975 that elect board members at large
14 and without restriction by area of residence within the
15 district under subsection (c) of Section 11A-8 and except for
16 those combined school districts formed before July 1, 1983
17 and community consolidated school districts that elect board
18 members at large and without restriction by area of residence
19 within the district under subsection (c) of Section 11B-7,
20 this format applies to community unit and community
21 consolidated school districts formed prior to January 1, 1975
22 and combined school districts formed prior to July 1, 1983
23 when the territory of the school district is greater than 2
24 congressional townships, or 72 square miles. This format
25 applies only when less than 75% of the population is in one
26 congressional township. Congressional townships of less than
27 100 inhabitants shall not be considered for the purpose of
28 such mandatory board representation. In this case, not more
29 than 3 board members may be selected from any one
30 congressional township.)
31 OFFICIAL BALLOT
32 Instructions to voter: Membership on the board of
33 education is restricted to a maximum of 3 members from any
34 congressional township. On the basis of existing board
-586- LRB9101253EGfg
1 membership, members may be elected in the following numbers
2 from each congressional township.
3 Not more than .... may be elected from Township ....
4 Range ....
5 Not more than .... may be elected from Township ....
6 Range ....
7 Not more than .... may be elected from Township ....
8 Range ....
9 (Include each remaining congressional township in
10 district as needed)
11 FOR MEMBERS OF THE BOARD OF
12 EDUCATION TO SERVE A FULL 4-YEAR TERM
13 VOTE FOR ....
14 Township .............. Range ................
15 ( ) ............................
16 ( ) ............................
17 Township .............. Range ................
18 ( ) ............................
19 ( ) ............................
20 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
21 AN UNEXPIRED 2-YEAR TERM
22 VOTE FOR ....
23 Township .............. Range ................
24 ( ) ............................
25 ( ) ............................
26 Township .............. Range ................
27 ( ) ............................
28 ( ) ............................
29 (FORMAT 5
30 Ballot position for township areas shall be determined by
31 the order of petition filing or lottery held pursuant to
32 Sections 9-11.1 and 9-11.2.
33 Except for those community unit school districts formed
34 before January 1, 1975 that elect board members at large and
-587- LRB9101253EGfg
1 without restriction by area of residence within the district
2 under subsection (c) of Section 11A-8 and except for those
3 combined school districts formed before July 1, 1983 and
4 community consolidated school districts that elect board
5 members at large and without restriction by area of residence
6 within the district under subsection (c) of Section 11B-7,
7 this format is used by community unit and community
8 consolidated school districts formed prior to January 1,
9 1975, and combined school districts formed prior to July 1,
10 1983, when the territory of the school district is greater
11 than 2 congressional townships, or 72 square miles and when
12 at least 75%, but not more than 90%, of the population
13 resides in one congressional township. In this case, 4
14 school board members shall be selected from that one
15 congressional township and the 3 remaining board members
16 shall be selected from the rest of the district. If a school
17 district from which school board members are to be selected
18 is located in a county under township organization and if the
19 surveyed boundaries of a congressional township from which
20 one or more of those school board members is to be selected,
21 as described by township number and range, are coterminous
22 with the boundaries of the township as identified by the
23 township name assigned to it as a political subdivision of
24 the State, then that township may be referred to on the
25 ballot by both its township name and by township number and
26 range.)
27 OFFICIAL BALLOT
28 Instructions to voter: Membership on the board of
29 education is to consist of 4 members from the congressional
30 township that has at least 75% but not more than 90% of the
31 population, and 3 board members from the remaining
32 congressional townships in the school district. On the basis
33 of existing board membership, members may be elected in the
34 following numbers from each congressional township.
-588- LRB9101253EGfg
1 FOR MEMBER OF THE BOARD OF EDUCATION
2 TO SERVE AN UNEXPIRED 2-YEAR TERM
3 FROM (name)........ TOWNSHIP ..... RANGE .....
4 VOTE FOR ONE
5 ( )..........................
6 ( )..........................
7 FOR MEMBERS OF THE BOARD OF EDUCATION
8 TO SERVE A FULL 4-YEAR TERM
9 VOTE FOR ....
10 ..... shall be elected from (name)...... Township .....
11 Range .....; ...... board members shall be elected from the
12 remaining congressional townships.
13 (name)....... TOWNSHIP ..... RANGE .....
14 ( ) ............................
15 ( ) ............................
16 The Remaining Congressional Townships
17 ( ) ............................
18 ( ) ............................
19 (FORMAT 6
20 Ballot position for candidates shall be determined by the
21 order of petition filing or lottery held pursuant to Section
22 9-11.1.
23 This format is used by school districts in which voters
24 have approved a referendum to elect school board members by
25 school board district. The school district is then divided
26 into 7 school board districts, each of which elects one
27 member to the board of education.)
28 OFFICIAL BALLOT
29 DISTRICT ....... (1 through 7)
30 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
31 A FULL 4-YEAR TERM
32 VOTE FOR ONE
33 ( ) .....................................
34 ( ) .....................................
-589- LRB9101253EGfg
1 ( ) .....................................
2 (-OR-)
3 OFFICIAL BALLOT
4 DISTRICT ....... (1 through 7)
5 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
6 AN UNEXPIRED 2-YEAR TERM
7 VOTE FOR ONE
8 ( ) .....................................
9 ( ) .....................................
10 ( ) .....................................
11 REVERSE SIDE:
12 OFFICIAL BALLOT
13 DISTRICT ....... (1 through 7)
14 (Precinct name or number)
15 School District No. ......, ........... County, Illinois
16 Election Tuesday (insert date) ..........., 19......
17 (facsimile signature of Election Authority)
18 (County)
19 (FORMAT 7
20 Ballot position for incorporated and unincorporated areas
21 shall be determined by the order of petition filing or
22 lottery held pursuant to Sections 9-11.1 and 9-11.2.
23 This format is used by high school districts if more than
24 15% but less than 30% of the taxable property is located in
25 the unincorporated territory of the school district. In this
26 case, at least one board member shall be a resident of the
27 unincorporated territory.)
28 OFFICIAL BALLOT
29 Instructions to voter: More than 15% but less than 30% of
30 the taxable property of this high school district is located
31 in the unincorporated territory of the district, therefore,
32 at least one board member shall be a resident of the
33 unincorporated areas.
34 On the basis of existing board membership, at least one
-590- LRB9101253EGfg
1 member shall be elected from the unincorporated area.
2 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
3 A FULL 4-YEAR TERM
4 VOTE FOR ....
5 ................... Area
6 ( ) ...........................
7 ( ) ...........................
8 ................... Area
9 ( ) ...........................
10 ( ) ...........................
11 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
12 AN UNEXPIRED 2-YEAR TERM
13 VOTE FOR ....
14 ................... Area
15 ( ) ...........................
16 ( ) ...........................
17 ................... Area
18 ( ) ...........................
19 ( ) ...........................
20 (FORMAT 7a
21 Ballot position for candidates shall be determined by the
22 order of petition filing or lottery held pursuant to Sections
23 9-11.1 and 9-11.2.
24 This format is used by high school districts if more than
25 15% but less than 30% of the taxable property is located in
26 the unincorporated territory of the school district and on
27 the basis of existing board membership no board member is
28 required to be elected from the unincorporated area.)
29 OFFICIAL BALLOT
30 Instruction to voter: More than 15% but less than 30% of
31 the taxable property of this high school district is located
32 in the unincorporated territory of the district, therefore,
33 at least one board member shall be a resident of the
34 unincorporated areas.
-591- LRB9101253EGfg
1 On the basis of existing board membership, members may be
2 elected from any area or areas.
3 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
4 A FULL 4-YEAR TERM
5 VOTE FOR ....
6 ( ) ........................................
7 ( ) ........................................
8 ( ) ........................................
9 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
10 AN UNEXPIRED 2-YEAR TERM
11 VOTE FOR ....
12 ( ) ........................................
13 ( ) ........................................
14 ( ) ........................................
15 (FORMAT 8
16 Ballot position for incorporated and unincorporated areas
17 shall be determined by the order of petition filing or
18 lottery held pursuant to Sections 9-11.1 and 9-11.2.
19 This format is used by high school districts if more than
20 30% of the taxable property is located in the unincorporated
21 territory of the school district. In this case, at least two
22 board members shall be residents of the unincorporated
23 territory.)
24 OFFICIAL BALLOT
25 Instructions to voters: Thirty percent (30%) or more of
26 the taxable property of this high school district is located
27 in the unincorporated territory of the district, therefore,
28 at least two board members shall be residents of the
29 unincorporated territory.
30 On the basis of existing board membership at least 2
31 members shall be elected from the unincorporated area.
32 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
33 A FULL 4-YEAR TERM
34 VOTE FOR ....
-592- LRB9101253EGfg
1 ................... Area
2 ( ) ...........................
3 ( ) ...........................
4 ................... Area
5 ( ) ...........................
6 ( ) ...........................
7 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
8 AN UNEXPIRED 2-YEAR TERM
9 VOTE FOR ....
10 ................... Area
11 ( ) ...........................
12 ( ) ...........................
13 ................... Area
14 ( ) ...........................
15 ( ) ...........................
16 (FORMAT 8a
17 Ballot position for incorporated and unincorporated areas
18 shall be determined by the order of petition filing or
19 lottery held pursuant to Sections 9-11.1 and 9-11.2.
20 This format is used by high school districts if more than
21 30% of the taxable property is located in the unincorporated
22 territory of the school district. In this case, at least two
23 board members shall be residents of the unincorporated
24 territory.)
25 OFFICIAL BALLOT
26 Instructions to voters: Thirty percent (30%) or more of
27 the taxable property of this high school district is located
28 in the unincorporated territory of the district, therefore,
29 at least two board members shall be residents of the
30 unincorporated territory.
31 On the basis of existing board membership at least one
32 member shall be elected from the unincorporated area.
33 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
34 A FULL 4-YEAR TERM
-593- LRB9101253EGfg
1 VOTE FOR ....
2 ................... Area
3 ( ) ...........................
4 ( ) ...........................
5 ................... Area
6 ( ) ...........................
7 ( ) ...........................
8 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
9 AN UNEXPIRED 2-YEAR TERM
10 VOTE FOR ....
11 ................... Area
12 ( ) ...........................
13 ( ) ...........................
14 ................... Area
15 ( ) ...........................
16 ( ) ...........................
17 (FORMAT 8b
18 Ballot position for incorporated and unincorporated areas
19 shall be determined by the order of petition filing or
20 lottery held pursuant to Sections 9-11.1 and 9-11.2.
21 This format is used by high school districts if more than
22 30% of the taxable property is located in the unincorporated
23 territory of the school district. In this case, at least two
24 board members shall be residents of the unincorporated
25 territory.)
26 OFFICIAL BALLOT
27 Instructions to voters: Thirty percent (30%) or more of
28 the taxable property of this high school district is located
29 in the unincorporated territory of the district, therefore,
30 at least two board members shall be residents of the
31 unincorporated territory.
32 On the basis of existing board membership, members may be
33 elected from any area or areas.
34 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
-594- LRB9101253EGfg
1 A FULL 4-YEAR TERM
2 VOTE FOR ....
3 ( ) ...........................
4 ( ) ...........................
5 ( ) ...........................
6 ( ) ...........................
7 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
8 AN UNEXPIRED 2-YEAR TERM
9 VOTE FOR ....
10 ( ) ...........................
11 ( ) ...........................
12 ( ) ...........................
13 ( ) ...........................
14 (Source: P.A. 89-129, eff. 7-14-95; 89-416, eff. 11-22-95;
15 89-579, eff. 7-30-96; 90-14, eff. 7-1-97; 90-459, eff.
16 8-17-97; revised 10-19-98.)
17 (105 ILCS 5/9-12.1) (from Ch. 122, par. 9-12.1)
18 Sec. 9-12.1. (a) On the reverse side of each ballot
19 contained in Section 9-12, except the ballot under Format 6,
20 shall be printed the following:
21 OFFICIAL BALLOT
22 ..... County, Illinois
23 School District No. ...., ...... County, Illinois
24 Election Tuesday, (insert date) ...., 19...
25 (facsimile signature of the election authority)
26 (b) If 6-year terms have been adopted under Section 9-5,
27 or if a ballot is to be used to elect a member or members of
28 a board of school directors or board of education at the
29 consolidated election held in April of 1999 or April of 2001
30 to a full term that is less than a 4-year term, appropriate
31 adjustments should be made to each ballot in Section 9-12.
32 In the case of any unexpired term each ballot format must
33 indicate whether it is a 4-year or a 2-year unexpired term.
-595- LRB9101253EGfg
1 (Source: P.A. 90-637, eff. 7-24-98; revised 10-19-98.)
2 (105 ILCS 5/10-5) (from Ch. 122, par. 10-5)
3 Sec. 10-5. Organization of board - Report to treasurer
4 and regional superintendent of schools. Within 7 days after
5 the regular election of directors, the directors shall meet
6 and organize by appointing one of their number president and
7 another as clerk, except that when directors are elected at
8 the consolidated elections in April of 1999 and April of
9 2001, the directors shall meet and organize, in the manner
10 provided by this Section, within 7 days after the first
11 Tuesday after the first Monday of November in each of those 2
12 years. The clerk shall at once report to the treasurer and
13 regional superintendent of schools the names of the president
14 and clerk so appointed. Upon organizing itself as provided
15 in this Section, the board of school directors shall enter
16 upon the discharge of its duties. Terms of members are
17 subject to Section 2A-54 of the Election Code, except as
18 otherwise limited by subsection (c) of Section 10-4.
19 (Source: P.A. 90-358, eff. 1-1-98; 90-637, eff. 7-24-98;
20 90-757, eff. 8-14-98; revised 9-16-98.)
21 (105 ILCS 5/10-18) (from Ch. 122, par. 10-18)
22 Sec. 10-18. Orders.
23 Every order issued by the school board shall state for
24 what purposes or on what account it is issued, and shall be
25 in the following form:
26 $.... State of Illinois, (insert date) ...., 19..
27 THE TREASURER
28 (Insert name)
29 Of School District No. .... in .... County,
30 Pay to the order of .... the sum of .... Dollars, for........
31 .............................................................
32 .............................................................
-596- LRB9101253EGfg
1 By order of the School Board of
2 District No. ...., in said County.
3 Order No. ....
4 ...................President
5 ........Clerk (or Secretary)
6 An order paid in full and properly endorsed shall be a
7 sufficient receipt for the purposes of this Act. The school
8 board shall issue no order, except for teachers' wages,
9 unless at the time there are sufficient funds in the hands of
10 the treasurer to pay it.
11 (Source: Laws 1961, p. 31; revised 10-19-98.)
12 (105 ILCS 5/10-22.22b) (from Ch. 122, par. 10-22.22b)
13 Sec. 10-22.22b. (a) The provisions of this subsection
14 shall not apply to the deactivation of a high school facility
15 under subsection (c). Where in its judgment the interests of
16 the district and of the students therein will be best served,
17 to deactivate any high school facility in the district and
18 send the students of such high school in grades 9 through 12
19 to schools in other districts. Such action may be taken only
20 with the approval of the voters in the district and the
21 approval, by proper resolution, of the school board of the
22 receiving district. The board of the district contemplating
23 deactivation shall, by proper resolution, cause the
24 proposition to deactivate the high school facility to be
25 submitted to the voters of the district at a regularly
26 scheduled election. Notice shall be published at least 10
27 days prior to the date of the election at least once in one
28 or more newspapers published in the district or, if no
29 newspaper is published in the district, in one or more
30 newspapers with a general circulation within the district .
31 The notice shall be substantially in the following form:
32 NOTICE OF REFERENDUM TO
33 DEACTIVATE THE ... HIGH SCHOOL FACILITY
-597- LRB9101253EGfg
1 IN SCHOOL DISTRICT NO. ........
2 Notice is hereby given that on (insert date), the ....
3 day of ...., 19.., a referendum will be held in ........
4 County (Counties) for the purpose of voting for or against
5 the proposition to deactivate the ...... High School facility
6 in School District No. ...... and to send pupils in ......
7 High School to School District(s) No. .......
8 The polls will be open at .... o'clock ... m., and close
9 at .... o'clock ... m. of the same day.
10 A............ B...............
11 Dated (insert date). this .... day of ....., 19...
12 Regional Superintendent of Schools
13 The proposition shall be in substantially the following form:
14 -------------------------------------------------------------
15 Shall the Board
16 of Education of School
17 District No. ...., YES
18 ..... County, Illinois, be
19 authorized to deactivate -----------------------------
20 the .... High School facility
21 and to send pupils in ....... NO
22 High School to School
23 District(s) No. .....?
24 -------------------------------------------------------------
25 If the majority of those voting upon the proposition in the
26 district contemplating deactivation vote in favor of the
27 proposition, the board of that district, upon approval of the
28 board of the receiving district, shall execute a contract
29 with the receiving district providing for the reassignment of
30 students to the receiving district. If the deactivating
31 district seeks to send its students to more than one
32 district, it shall execute a contract with each receiving
33 district. The length of the contract shall be for 2 school
34 years, but the districts may renew the contract for
-598- LRB9101253EGfg
1 additional one year or 2 year periods. Contract renewals
2 shall be executed by January 1 of the year in which the
3 existing contract expires. If the majority of those voting
4 upon the proposition do not vote in favor of the proposition,
5 the school facility may not be deactivated.
6 The sending district shall pay to the receiving district
7 an amount agreed upon by the 2 districts.
8 When the deactivation of high school facilities becomes
9 effective pursuant to this Section, the provisions of Section
10 24-12 relative to the contractual continued service status of
11 teachers having contractual continued service whose positions
12 are transferred from one board to the control of a different
13 board shall apply, and the positions at the high school
14 facilities being deactivated held by teachers, as that term
15 is defined in Section 24-11, having contractual continued
16 service with the school district at the time of the
17 deactivation shall be transferred to the control of the board
18 or boards who shall be receiving the district's high school
19 students on the following basis:
20 (1) positions of such teachers in contractual
21 continued service that were full time positions shall be
22 transferred to the control of whichever of such boards
23 such teachers shall request with the teachers making such
24 requests proceeding in the order of those with the
25 greatest length of continuing service with the board to
26 those with the shortest length of continuing service with
27 the board, provided that the number selecting one board
28 over another board or other boards shall not exceed that
29 proportion of the high school students going to such
30 board or boards; and
31 (2) positions of such teachers in contractual
32 continued service that were full time positions and as to
33 which there is no selection left under subparagraph 1
34 hereof shall be transferred to the appropriate board.
-599- LRB9101253EGfg
1 The contractual continued service status of any teacher
2 thereby transferred to another district is not lost and the
3 receiving board is subject to the School Code with respect to
4 such transferred teacher in the same manner as if such
5 teacher was the district's employee during the time such
6 teacher was actually employed by the board of the
7 deactivating district from which the position was
8 transferred.
9 (b) The provisions of this subsection shall not apply
10 to the reactivation of a high school facility which is
11 deactivated under subsection (c). The sending district may,
12 with the approval of the voters in the district, reactivate
13 the high school facility which was deactivated. The board of
14 the district seeking to reactivate the school facility shall,
15 by proper resolution, cause the proposition to reactivate to
16 be submitted to the voters of the district at a regularly
17 scheduled election. Notice shall be published at least 10
18 days prior to the date of the election at least once in one
19 or more newspapers published in the district or, if no
20 newspaper is published in the district, in one or more
21 newspapers with a general circulation within the district.
22 The notice shall be substantially in the following form:
23 NOTICE OF REFERENDUM TO
24 REACTIVATE THE ...... HIGH SCHOOL FACILITY
25 IN SCHOOL DISTRICT NO. ......
26 Notice is hereby given that on (insert date), the ....
27 day of ...., 19.., a referendum will be held in ...... County
28 (Counties) for the purpose of voting for or against the
29 proposition to reactivate the ..... High School facility in
30 School District No. ..... and to discontinue sending pupils
31 of School District No. ...... to School District(s) No. .....
32 The polls will be opened at ... o'clock .. m., and closed
33 at ... o'clock .. m. of the same day.
34 A............. B............
-600- LRB9101253EGfg
1 Dated (insert date). this .... day of ...., 19...
2 Regional Superintendent of Schools
3 The proposition shall be in substantially the following form:
4 -------------------------------------------------------------
5 Shall the Board
6 of Education of School YES
7 District No. ......,
8 ...... County, Illinois,
9 be authorized to ------------------------
10 reactivate the .... High School
11 facility and to discontinue sending
12 pupils of School District No. .... NO
13 to School District(s) No. ......?
14 -------------------------------------------------------------
15 (c) The school board of any unit school district which
16 experienced a strike by a majority of its certified employees
17 that endured for over 6 months during the regular school term
18 of the 1986-1987 school year, and which during the ensuing
19 1987-1988 school year had an enrollment in grades 9 through
20 12 of less than 125 students may, when in its judgment the
21 interests of the district and of the students therein will be
22 best served thereby, deactivate the high school facilities
23 within the district for the regular term of the 1988-1989
24 school year and, for that school year only, send the students
25 of such high school in grades 9 through 12 to schools in
26 adjoining or adjacent districts. Such action may only be
27 taken: (a) by proper resolution of the school board
28 deactivating its high school facilities and the approval, by
29 proper resolution, of the school board of the receiving
30 district or districts, and (b) pursuant to a contract between
31 the sending and each receiving district, which contract or
32 contracts: (i) shall provide for the reassignment of all
33 students of the deactivated high school in grades 9 through
34 12 to the receiving district or districts; (ii) shall apply
-601- LRB9101253EGfg
1 only to the regular school term of the 1988-1989 school year;
2 (iii) shall not be subject to renewal or extension; and (iv)
3 shall require the sending district to pay to the receiving
4 district the cost of educating each student who is reassigned
5 to the receiving district, such costs to be an amount agreed
6 upon by the sending and receiving district but not less than
7 the per capita cost of maintaining the high school in the
8 receiving district during the 1987-1988 school year. Any
9 high school facility deactivated pursuant to this subsection
10 for the regular school term of the 1988-1989 school year
11 shall be reactivated by operation of law as of the end of the
12 regular term of the 1988-1989 school year. The status as a
13 unit school district of a district which deactivates its high
14 school facilities pursuant to this subsection shall not be
15 affected by reason of such deactivation of its high school
16 facilities and such district shall continue to be deemed in
17 law a school district maintaining grades kindergarten through
18 12 for all purposes relating to the levy, extension,
19 collection and payment of the taxes of the district under
20 Article 17 for the 1988-1989 school year.
21 (d) Whenever a high school facility is reactivated
22 pursuant to the provisions of this Section, then all teachers
23 in contractual continued service who were honorably dismissed
24 or transferred as part of the deactivation process, in
25 addition to other rights they may have under The School Code,
26 shall be recalled or transferred back to the original
27 district.
28 (Source: P.A. 88-6; revised 10-20-98.)
29 (105 ILCS 5/10-22.22c) (from Ch. 122, par. 10-22.22c)
30 Sec. 10-22.22c. (a) Subject to the following provisions
31 of this Section two or more contiguous school districts each
32 of which has an enrollment in grades 9 through 12 of less
33 than 600 students may, when in their judgment the interest of
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1 the districts and of the students therein will be best
2 served, jointly operate one or more cooperative high school
3 attendance centers. Such action shall be taken for a minimum
4 period of 5 school years, and may be taken only with the
5 approval of the voters of each district. A district with 600
6 or more students enrolled in grades 9 through 12 may qualify
7 for inclusion with one or more districts having less than
8 600 such students by receiving a size waiver from the State
9 Board of Education based on a finding that such inclusion
10 would significantly increase the educational opportunities of
11 the district's students, and by meeting the other
12 prerequisites of this Section. The board of each district
13 contemplating such joint operation shall, by proper
14 resolution, cause the proposition to enter into such joint
15 operation to be submitted to the voters of the district at a
16 regularly scheduled election. Notice shall be published at
17 least 10 days prior to the date of the election at least once
18 in one or more newspapers published in the district or, if no
19 newspaper is published in the district, in one or more
20 newspapers with a general circulation within the district.
21 The notice shall be substantially in the following form:
22 NOTICE OF REFERENDUM FOR SCHOOL DISTRICT
23 NO. ....... AND SCHOOL DISTRICT NO. .......
24 TO JOINTLY OPERATE (A) COOPERATIVE HIGH
25 SCHOOL ATTENDANCE CENTER (CENTERS)
26 Notice is hereby given that on (insert date), the .......
27 day of ......., 19...., a referendum will be held in .......
28 County (Counties) for the purpose of voting for or against
29 the proposition for School District No. ....... and School
30 District No. ....... to jointly operate (a) cooperative high
31 school attendance center (centers).
32 The polls will be open at ....... o'clock ....... m., and
33 close at ....... o'clock ....... m., of the same day.
34 A ........ B ........
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1 Dated (insert date).
2 this ....... day of ......., 19......
3 Regional Superintendent of Schools
4 The proposition shall be in substantially the following
5 form:
6 -------------------------------------------------------------
7 Shall the Board of Education of
8 School District No. ...., ..... YES
9 County (Counties), Illinois be
10 authorized to enter with
11 into an agreement with School ----------------------
12 District No. ...., .... County
13 (Counties), Illinois to jointly
14 operate (a) cooperative high NO
15 school attendance center (centers)?
16 -------------------------------------------------------------
17 If the majority of those voting on the proposition in each
18 district vote in favor of the proposition, the school boards
19 of the participating districts may, if they agree on terms,
20 execute a contract for such joint operation subject to the
21 following provisions of this Section.
22 (b) The agreement for joint operation of any such
23 cooperative high school attendance center shall be executed
24 on forms provided by the State Board of Education and shall
25 include, but not be limited to, a process to resolve disputes
26 on matter which each participating district cannot agree,
27 provisions for administration, staff, programs, financing and
28 transportation subject to the provisions of this Section.
29 Such agreements may be modified, extended, or terminated by
30 approval of each of the participating districts. Even if 2
31 or more of the participating district boards approve an
32 extension of the agreement, any other participating district
33 shall, upon failure of its board to approve such extension,
34 disengage from such participation at the end of the then
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1 current agreement term.
2 (c) An advisory board, which shall govern the operation
3 of any such cooperative high school attendance center, shall
4 be composed of an equal number of board members from each of
5 the participating districts, except that where all
6 participating district boards concur, membership on the
7 advisory board may be apportioned to reflect the number of
8 students in each respective district. The membership of the
9 advisory board shall be not less than 6 nor more than 10.
10 The school board of each participating district shall select,
11 from its membership, its representatives on the advisory
12 board. The advisory board shall prepare and recommend a
13 budget for the cooperative high school attendance center
14 which must be approved by each of the participating
15 districts.
16 (d) Each participating school district shall provide any
17 necessary transportation for students residing in the
18 district, or enter into an agreement with the other
19 participating districts for transportation of its students.
20 (e) Each participating district shall pay its per capita
21 cost of educating the students residing in its district and
22 attending any such cooperative high school attendance center
23 into the budget for the maintenance and operation of the
24 cooperative high school attendance center or centers.
25 Such per capita cost shall be computed in the following
26 manner. The cost of operating and maintaining each such
27 cooperative high school attendance center shall be first
28 determined by the advisory board and shall include the
29 following expenses applicable only to each such attendance
30 center under rules and regulations established by the State
31 Board of Education as follows:
32 (1) Salaries of principals, teachers, professional
33 workers, necessary noncertified workers, clerks, librarians,
34 custodial employees, and any district taxes levied
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1 specifically for their pension and retirement benefits.
2 (2) Educational supplies and equipment, including
3 textbooks.
4 (3) Administrative costs and communication.
5 (4) Operation of physical plant, including heat, light,
6 water, repairs, and maintenance.
7 (5) Auxiliary service, including up to 20% of
8 unreimbursed transportation costs.
9 (6) Depreciation of physical facilities at a rate not to
10 exceed $200 per pupil.
11 (f) Additional school districts having an enrollment in
12 grades 9 through 12 of less than 600 students may be added to
13 the agreement in accordance with the process described in
14 subsection (a) of this Section. In the event additional
15 districts are added, a new contract shall be executed in
16 accordance with the provisions of this Section.
17 (g) Administrators, teachers and other staff assigned to
18 the cooperative high school attendance center or centers by
19 participating school districts shall continue to be subject
20 to employment by and to maintain all rights, privileges and
21 benefits in the districts from which they were assigned,
22 however, the participating districts may jointly employ a
23 principal to oversee the administration of the cooperative
24 high school attendance center agreement provided the
25 principal does not have authority to employ or terminate the
26 employment of other personnel.
27 (Source: P.A. 85-759; 85-1005; revised 10-20-98.)
28 (105 ILCS 5/11A-5) (from Ch. 122, par. 11A-5)
29 Sec. 11A-5. Holding of election.
30 (a) Elections provided by this Article shall be
31 conducted in accordance with the general election law.
32 (b) The notice shall be in substantially the following
33 form:
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1 NOTICE OF REFERENDUM TO ESTABLISH
2 A COMMUNITY UNIT DISTRICT
3 NOTICE is hereby given that on (insert date), the
4 ... day of ... 19 .., a referendum will be held in
5 part(s) of ..... county (counties) for the purpose of
6 voting for or against the proposition to establish a
7 community unit school district for the following
8 described territory: (Here describe territory by
9 districts or portions thereof, numbering them.)
10 The election is called and will be held pursuant to
11 an order of the Regional Superintendent dated on (insert
12 date), the ... day of ..., 19 .. which order states that
13 the tax rates for educational, operations and maintenance
14 and the purchase and improvements of school grounds,
15 pupil transportation, and fire prevention and safety
16 purposes, respectively, for the proposed community unit
17 school district shall be ..... for educational purposes,
18 ..... for operations and maintenance purposes and the
19 purchase and improvements of school grounds, ..... for
20 pupil transportation purposes, and .... for fire
21 prevention and safety purposes, and which rates shall
22 constitute the tax rates for the community unit school
23 district, if a majority of the voters in each of the
24 affected school districts voting on the proposition at
25 the referendum vote in favor thereof.
26 Dated (insert date). this ..... day of ... 19 ..
27 Regional Superintendent of Schools
28 ..................................
29 (c) Whenever the members of the board of education of
30 the community unit school district proposed to be established
31 are to be elected at the same election at which the
32 proposition to establish that district is to be submitted to
33 the voters, that fact shall be included in the notice.
34 (Source: P.A. 87-10; 87-185; 87-895; revised 10-20-98.)
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1 (105 ILCS 5/11B-5) (from Ch. 122, par. 11B-5)
2 Sec. 11B-5. Holding of election.
3 (a) Elections provided by this Article shall be
4 conducted in accordance with the general election law.
5 (b) The notice shall be in substantially the following
6 form:
7 NOTICE OF REFERENDUM
8 TO ESTABLISH COMBINED SCHOOL DISTRICT
9 NOTICE is hereby given that on (insert date), the
10 ...... day of ...... 19......, a referendum will be held
11 in part(s) of ...... county (counties) for the purpose of
12 voting for or against the proposition to establish a
13 combined school district for the following described
14 territory: (Here describe territory by districts,
15 numbering them.)
16 The election is called and will be held pursuant to
17 an order of the Regional Superintendent dated on (insert
18 date), the ...... day of ......, 19...... which order
19 states that the tax rates for educational, operations and
20 maintenance and the purchase and improvements of school
21 grounds, pupil transportation, and fire prevention and
22 safety purposes, respectively, for said proposed combined
23 school district shall be ...... for educational purposes,
24 ...... for operations and maintenance purposes and the
25 purchase and improvements of school grounds, ..... for
26 pupil transportation purposes, and ..... for fire
27 prevention and safety purposes, and which rates shall
28 constitute the tax rates for the combined school
29 district, if a majority of the voters voting on the
30 proposition at the referendum vote in favor thereof.
31 Dated (insert date).
32 this ...... day of ...... 19......
33 Regional Superintendent of Schools
34 ...................................
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1 (c) Whenever the members of the board of education of
2 the combined school district proposed to be established are
3 to be elected at the same election at which the proposition
4 to establish that district is to be submitted to the voters,
5 that fact shall be included in the notice.
6 (Source: P.A. 87-10; 87-185; 87-895; revised 10-20-98.)
7 (105 ILCS 5/11D-4) (from Ch. 122, par. 11D-4)
8 Sec. 11D-4. Holding of election.
9 (a) Elections provided by this Article shall be
10 conducted in accordance with the general election law.
11 (b) The notice shall be in substantially the following
12 form:
13 NOTICE OF REFERENDUM TO DISSOLVE CERTAIN SCHOOL
14 DISTRICTS AND ESTABLISH CERTAIN NEW SCHOOL DISTRICTS
15 NOTICE is hereby given that on (insert date), the
16 ... day of ... 19 .., a referendum will be held in
17 part(s) of ..... county (counties) for the purpose of
18 voting for or against the proposition to dissolve (here
19 name the districts to be dissolved) and to establish new
20 school districts for the following described territory:
21 (Here describe territory by districts, numbering them.)
22 The election is called and will be held pursuant to
23 an order of the Regional Superintendent dated on (insert
24 date), the ... day of ..., 19 .. which order states that
25 the tax rates for educational, operations and
26 maintenance, pupil transportation, and fire prevention
27 and safety purposes, respectively, for the proposed new
28 school districts shall be as follows (stating the
29 following separately for each of the new school districts
30 proposed to be established):
31 For .... (here state elementary or high school)
32 District No. ...., tax rates of ..... for educational
33 purposes, ..... for operations and maintenance purposes,
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1 ... for pupil transportation purposes, and ... for fire
2 prevention and safety purposes, and which rates shall
3 constitute the tax rates for .... (here state elementary
4 or high school) District No. ...., if a majority of the
5 voters voting on the proposition at the referendum vote
6 in favor thereof.
7 Dated (insert date). this ..... day of ... 19 ..
8 Regional Superintendent of Schools
9 ..................................
10 (c) Whenever the members of a board of education of a
11 high school or elementary school district proposed to be
12 established are to be elected at the same election at which
13 the proposition to establish that district is to be submitted
14 to the voters, that fact shall be included in the notice.
15 (Source: P.A. 86-1334; 87-10; 87-185; 87-895; revised
16 10-20-98.)
17 (105 ILCS 5/12-11.1) (from Ch. 122, par. 12-11.1)
18 Sec. 12-11.1. Tax levy. Levy a tax annually upon all the
19 taxable property of the district not to exceed 1% of value as
20 equalized or assessed by the Department of Revenue, for the
21 purpose of paying the tuition of all eighth-grade graduates
22 residing within the district attending any recognized high
23 school. The board of education of such nonhigh school
24 district may by proper resolution cause a proposition to
25 increase the annual tax rate for such purpose to be submitted
26 to the voters of such district at any regular scheduled
27 election. The rate shall not be increased at any single
28 referendum more than 0.21% upon the value as equalized or
29 assessed by the Department of Revenue for such purpose, and
30 the maximum rate for such purpose shall not exceed 1.60%.
31 Such amount shall be certified and returned to the county
32 clerk on or before the last Tuesday in September of each
33 year. The certificate shall be signed by the president and
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1 the secretary of the board and may be in the following form:
2 CERTIFICATE OF TAX LEVY
3 We hereby certify that we require the sum of .... dollars
4 to be levied as a special tax to pay the tuition of graduates
5 of the eighth grade residing in the nonhigh school district
6 of .... County, on the equalized assessed valuation of the
7 taxable property of our nonhigh school district.
8 Signed on (insert date). this.... day of...., 19...
9 A..... B....., President
10 C..... D....., Secretary
11 A failure to certify and return the certificate of tax
12 levy to the county clerk in the time required shall not
13 vitiate the assessment.
14 (Source: P.A. 81-1489; 81-1509; revised 10-20-98.)
15 (105 ILCS 5/14A-4) (from Ch. 122, par. 14A-4)
16 Sec. 14A-4. Advisory Council. There is hereby created an
17 Advisory Council on Education of Gifted Children to consist
18 of 7 members appointed by the State Board of Education, who
19 shall hold office for 4 years. Vacancies shall be filled in
20 like manner for the unexpired balance of the term only.
21 Members holding office on the effective date of this
22 amendatory Act of 1983 shall continue to serve for the term
23 to which they were appointed, but their successors shall be
24 appointed for terms of 4 years.
25 The members appointed shall be citizens of the United
26 States and of this State and shall be selected, as far as may
27 be practicable, on the basis of their knowledge of, or
28 experience in, programs and problems of the education of
29 gifted children. The State Board of Education shall take
30 into consideration recommendations recommmendations for
31 membership on the Council from statewide teacher
32 organizations.
33 The State Board of Education shall seek the advice of the
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1 Advisory Council regarding all rules or regulations to be
2 promulgated by the State Board.
3 The Council shall organize with a chairman selected by
4 the Council members and shall meet at the call of the
5 chairman upon 10 days' ten days written notice but not less
6 than 4 four times in each calendar year. The Council shall
7 consider any rule or regulation proposed by the State Board
8 of Education within 40 days after its receipt by the
9 chairman. Members of the Council shall serve without
10 compensation but shall be entitled to reasonable amounts for
11 expenses necessarily incurred in the performance of their
12 duties.
13 The State Board of Education shall designate an employee
14 of the State Board to act as executive secretary of the
15 Council and shall furnish all clerical assistance necessary
16 for the performance of its powers and duties.
17 (Source: P.A. 83-252; revised 2-24-98.)
18 (105 ILCS 5/17-2C)
19 Sec. 17-2C. Transfer from Tort Immunity Fund by
20 financially distressed school districts. The school board of
21 any school district that is certified under Section 19-1.5 as
22 a financially distressed school district may by resolution
23 transfer from the Tort Immunity Fund to any other school
24 district fund an amount of money not to exceed the lesser of
25 $2,500,000 or 0.6% of the value of the taxable property
26 within the district, provided the amount transferred is not
27 then required for the payment of any liabilities created by a
28 settlement or a tort judgement, defense costs, or for the
29 payment of any liabilities under the Unemployment Insurance
30 Act, Workers' Compensation Act, Workers' Occupational
31 Diseases Act, or risk care management programs.
32 (Source: P.A. 88-641, eff. 9-9-94; revised 10-31-98.)
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1 (105 ILCS 5/17-11) (from Ch. 122, par. 17-11)
2 Sec. 17-11. Certificate of tax levy. The school board
3 of each district shall ascertain, as near as practicable,
4 annually, how much money must be raised by special tax for
5 transportation purposes if any and for educational and for
6 operations and maintenance purposes for the next ensuing
7 year. In school districts with a population of less than
8 500,000, these amounts shall be certified and returned to
9 each county clerk on or before the last Tuesday in December,
10 annually. The certificate shall be signed by the president
11 and clerk or secretary, and may be in the following form:
12 CERTIFICATE OF TAX LEVY
13 We hereby certify that we require the sum of ......
14 dollars, to be levied as a special tax for transportation
15 purposes and the sum of ...... dollars to be levied as a
16 special tax for educational purposes, and the sum ......
17 dollars to be levied as a special tax for operations and
18 maintenance purposes, and the sum of ...... to be levied as a
19 special tax for a working cash fund, on the equalized
20 assessed value of the taxable property of our district, for
21 the year (insert year). 19.....
22 Signed on (insert date). this ....... day of
23 ..............., 19....
24 A ........... B ............., President
25 C ........... D............., Clerk (Secretary)
26 Dist. No. .........., ............ County
27 A failure by the school board to file the certificate
28 with the county clerk in the time required shall not vitiate
29 the assessment.
30 (Source: P.A. 86-13; 86-1334; 87-17; revised 10-20-98.)
31 (105 ILCS 5/18-8.05)
32 Sec. 18-8.05. Basis for apportionment of general State
33 financial aid and supplemental general State aid to the
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1 common schools for the 1998-1999 and subsequent school years.
2 (A) General Provisions.
3 (1) The provisions of this Section apply to the
4 1998-1999 and subsequent school years. The system of general
5 State financial aid provided for in this Section is designed
6 to assure that, through a combination of State financial aid
7 and required local resources, the financial support provided
8 each pupil in Average Daily Attendance equals or exceeds a
9 prescribed per pupil Foundation Level. This formula approach
10 imputes a level of per pupil Available Local Resources and
11 provides for the basis to calculate a per pupil level of
12 general State financial aid that, when added to Available
13 Local Resources, equals or exceeds the Foundation Level. The
14 amount of per pupil general State financial aid for school
15 districts, in general, varies in inverse relation to
16 Available Local Resources. Per pupil amounts are based upon
17 each school district's Average Daily Attendance as that term
18 is defined in this Section.
19 (2) In addition to general State financial aid, school
20 districts with specified levels or concentrations of pupils
21 from low income households are eligible to receive
22 supplemental general State financial aid grants as provided
23 pursuant to subsection (H). The supplemental State aid grants
24 provided for school districts under subsection (H) shall be
25 appropriated for distribution to school districts as part of
26 the same line item in which the general State financial aid
27 of school districts is appropriated under this Section.
28 (3) To receive financial assistance under this Section,
29 school districts are required to file claims with the State
30 Board of Education, subject to the following requirements:
31 (a) Any school district which fails for any given
32 school year to maintain school as required by law, or to
33 maintain a recognized school is not eligible to file for
34 such school year any claim upon the Common School Fund.
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1 In case of nonrecognition of one or more attendance
2 centers in a school district otherwise operating
3 recognized schools, the claim of the district shall be
4 reduced in the proportion which the Average Daily
5 Attendance in the attendance center or centers bear to
6 the Average Daily Attendance in the school district. A
7 "recognized school" means any public school which meets
8 the standards as established for recognition by the State
9 Board of Education. A school district or attendance
10 center not having recognition status at the end of a
11 school term is entitled to receive State aid payments due
12 upon a legal claim which was filed while it was
13 recognized.
14 (b) School district claims filed under this Section
15 are subject to Sections 18-9, 18-10, and 18-12, except as
16 otherwise provided in this Section.
17 (c) If a school district operates a full year
18 school under Section 10-19.1, the general State aid to
19 the school district shall be determined by the State
20 Board of Education in accordance with this Section as
21 near as may be applicable.
22 (d) (Blank).
23 (4) Except as provided in subsections (H) and (L), the
24 board of any district receiving any of the grants provided
25 for in this Section may apply those funds to any fund so
26 received for which that board is authorized to make
27 expenditures by law.
28 School districts are not required to exert a minimum
29 Operating Tax Rate in order to qualify for assistance under
30 this Section.
31 (5) As used in this Section the following terms, when
32 capitalized, shall have the meaning ascribed herein:
33 (a) "Average Daily Attendance": A count of pupil
34 attendance in school, averaged as provided for in
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1 subsection (C) and utilized in deriving per pupil
2 financial support levels.
3 (b) "Available Local Resources": A computation of
4 local financial support, calculated on the basis of
5 Average Daily Attendance and derived as provided pursuant
6 to subsection (D).
7 (c) "Corporate Personal Property Replacement
8 Taxes": Funds paid to local school districts pursuant to
9 "An Act in relation to the abolition of ad valorem
10 personal property tax and the replacement of revenues
11 lost thereby, and amending and repealing certain Acts and
12 parts of Acts in connection therewith", certified August
13 14, 1979, as amended (Public Act 81-1st S.S.-1).
14 (d) "Foundation Level": A prescribed level of per
15 pupil financial support as provided for in subsection
16 (B).
17 (e) "Operating Tax Rate": All school district
18 property taxes extended for all purposes, except Bond and
19 Interest, Summer School, Rent, Capital Improvement, and
20 Vocational Education Building purposes.
21 (B) Foundation Level.
22 (1) The Foundation Level is a figure established by the
23 State representing the minimum level of per pupil financial
24 support that should be available to provide for the basic
25 education of each pupil in Average Daily Attendance. As set
26 forth in this Section, each school district is assumed to
27 exert a sufficient local taxing effort such that, in
28 combination with the aggregate of general State financial aid
29 provided the district, an aggregate of State and local
30 resources are available to meet the basic education needs of
31 pupils in the district.
32 (2) For the 1998-1999 school year, the Foundation Level
33 of support is $4,225. For the 1999-2000 school year, the
34 Foundation Level of support is $4,325. For the 2000-2001
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1 school year, the Foundation Level of support is $4,425.
2 (3) For the 2001-2002 school year and each school year
3 thereafter, the Foundation Level of support is $4,425 or such
4 greater amount as may be established by law by the General
5 Assembly.
6 (C) Average Daily Attendance.
7 (1) For purposes of calculating general State aid
8 pursuant to subsection (E), an Average Daily Attendance
9 figure shall be utilized. The Average Daily Attendance
10 figure for formula calculation purposes shall be the monthly
11 average of the actual number of pupils in attendance of each
12 school district, as further averaged for the best 3 months of
13 pupil attendance for each school district. In compiling the
14 figures for the number of pupils in attendance, school
15 districts and the State Board of Education shall, for
16 purposes of general State aid funding, conform attendance
17 figures to the requirements of subsection (F).
18 (2) The Average Daily Attendance figures utilized in
19 subsection (E) shall be the requisite attendance data for the
20 school year immediately preceding the school year for which
21 general State aid is being calculated.
22 (D) Available Local Resources.
23 (1) For purposes of calculating general State aid
24 pursuant to subsection (E), a representation of Available
25 Local Resources per pupil, as that term is defined and
26 determined in this subsection, shall be utilized. Available
27 Local Resources per pupil shall include a calculated dollar
28 amount representing local school district revenues from local
29 property taxes and from Corporate Personal Property
30 Replacement Taxes, expressed on the basis of pupils in
31 Average Daily Attendance.
32 (2) In determining a school district's revenue from
33 local property taxes, the State Board of Education shall
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1 utilize the equalized assessed valuation of all taxable
2 property of each school district as of September 30 of the
3 previous year. The equalized assessed valuation utilized
4 shall be obtained and determined as provided in subsection
5 (G).
6 (3) For school districts maintaining grades kindergarten
7 through 12, local property tax revenues per pupil shall be
8 calculated as the product of the applicable equalized
9 assessed valuation for the district multiplied by 3.00%, and
10 divided by the district's Average Daily Attendance figure.
11 For school districts maintaining grades kindergarten through
12 8, local property tax revenues per pupil shall be calculated
13 as the product of the applicable equalized assessed valuation
14 for the district multiplied by 2.30%, and divided by the
15 district's Average Daily Attendance figure. For school
16 districts maintaining grades 9 through 12, local property tax
17 revenues per pupil shall be the applicable equalized assessed
18 valuation of the district multiplied by 1.20%, and divided by
19 the district's Average Daily Attendance figure.
20 (4) The Corporate Personal Property Replacement Taxes
21 paid to each school district during the calendar year 2 years
22 before the calendar year in which a school year begins,
23 divided by the Average Daily Attendance figure for that
24 district, shall be added to the local property tax revenues
25 per pupil as derived by the application of the immediately
26 preceding paragraph (3). The sum of these per pupil figures
27 for each school district shall constitute Available Local
28 Resources as that term is utilized in subsection (E) in the
29 calculation of general State aid.
30 (E) Computation of General State Aid.
31 (1) For each school year, the amount of general State
32 aid allotted to a school district shall be computed by the
33 State Board of Education as provided in this subsection.
34 (2) For any school district for which Available Local
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1 Resources per pupil is less than the product of 0.93 times
2 the Foundation Level, general State aid for that district
3 shall be calculated as an amount equal to the Foundation
4 Level minus Available Local Resources, multiplied by the
5 Average Daily Attendance of the school district.
6 (3) For any school district for which Available Local
7 Resources per pupil is equal to or greater than the product
8 of 0.93 times the Foundation Level and less than the product
9 of 1.75 times the Foundation Level, the general State aid per
10 pupil shall be a decimal proportion of the Foundation Level
11 derived using a linear algorithm. Under this linear
12 algorithm, the calculated general State aid per pupil shall
13 decline in direct linear fashion from 0.07 times the
14 Foundation Level for a school district with Available Local
15 Resources equal to the product of 0.93 times the Foundation
16 Level, to 0.05 times the Foundation Level for a school
17 district with Available Local Resources equal to the product
18 of 1.75 times the Foundation Level. The allocation of
19 general State aid for school districts subject to this
20 paragraph 3 shall be the calculated general State aid per
21 pupil figure multiplied by the Average Daily Attendance of
22 the school district.
23 (4) For any school district for which Available Local
24 Resources per pupil equals or exceeds the product of 1.75
25 times the Foundation Level, the general State aid for the
26 school district shall be calculated as the product of $218
27 multiplied by the Average Daily Attendance of the school
28 district.
29 (F) Compilation of Average Daily Attendance.
30 (1) Each school district shall, by July 1 of each year,
31 submit to the State Board of Education, on forms prescribed
32 by the State Board of Education, attendance figures for the
33 school year that began in the preceding calendar year. The
34 attendance information so transmitted shall identify the
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1 average daily attendance figures for each month of the school
2 year, except that any days of attendance in August shall be
3 added to the month of September and any days of attendance in
4 June shall be added to the month of May.
5 Except as otherwise provided in this Section, days of
6 attendance by pupils shall be counted only for sessions of
7 not less than 5 clock hours of school work per day under
8 direct supervision of: (i) teachers, or (ii) non-teaching
9 personnel or volunteer personnel when engaging in
10 non-teaching duties and supervising in those instances
11 specified in subsection (a) of Section 10-22.34 and paragraph
12 10 of Section 34-18, with pupils of legal school age and in
13 kindergarten and grades 1 through 12.
14 Days of attendance by tuition pupils shall be accredited
15 only to the districts that pay the tuition to a recognized
16 school.
17 (2) Days of attendance by pupils of less than 5 clock
18 hours of school shall be subject to the following provisions
19 in the compilation of Average Daily Attendance.
20 (a) Pupils regularly enrolled in a public school
21 for only a part of the school day may be counted on the
22 basis of 1/6 day for every class hour of instruction of
23 40 minutes or more attended pursuant to such enrollment.
24 (b) Days of attendance may be less than 5 clock
25 hours on the opening and closing of the school term, and
26 upon the first day of pupil attendance, if preceded by a
27 day or days utilized as an institute or teachers'
28 workshop.
29 (c) A session of 4 or more clock hours may be
30 counted as a day of attendance upon certification by the
31 regional superintendent, and approved by the State
32 Superintendent of Education to the extent that the
33 district has been forced to use daily multiple sessions.
34 (d) A session of 3 or more clock hours may be
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1 counted as a day of attendance (1) when the remainder of
2 the school day or at least 2 hours in the evening of that
3 day is utilized for an in-service training program for
4 teachers, up to a maximum of 5 days per school year of
5 which a maximum of 4 days of such 5 days may be used for
6 parent-teacher conferences, provided a district conducts
7 an in-service training program for teachers which has
8 been approved by the State Superintendent of Education;
9 or, in lieu of 4 such days, 2 full days may be used, in
10 which event each such day may be counted as a day of
11 attendance; and (2) when days in addition to those
12 provided in item (1) are scheduled by a school pursuant
13 to its school improvement plan adopted under Article 34
14 or its revised or amended school improvement plan adopted
15 under Article 2, provided that (i) such sessions of 3 or
16 more clock hours are scheduled to occur at regular
17 intervals, (ii) the remainder of the school days in which
18 such sessions occur are utilized for in-service training
19 programs or other staff development activities for
20 teachers, and (iii) a sufficient number of minutes of
21 school work under the direct supervision of teachers are
22 added to the school days between such regularly scheduled
23 sessions to accumulate not less than the number of
24 minutes by which such sessions of 3 or more clock hours
25 fall short of 5 clock hours. Any full days used for the
26 purposes of this paragraph shall not be considered for
27 computing average daily attendance. Days scheduled for
28 in-service training programs, staff development
29 activities, or parent-teacher conferences may be
30 scheduled separately for different grade levels and
31 different attendance centers of the district.
32 (e) A session of not less than one clock hour of
33 teaching of hospitalized or homebound pupils on-site or
34 by telephone to the classroom may be counted as 1/2 day
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1 of attendance, however these pupils must receive 4 or
2 more clock hours of instruction to be counted for a full
3 day of attendance.
4 (f) A session of at least 4 clock hours may be
5 counted as a day of attendance for first grade pupils,
6 and pupils in full day kindergartens, and a session of 2
7 or more hours may be counted as 1/2 day of attendance by
8 pupils in kindergartens which provide only 1/2 day of
9 attendance.
10 (g) For children with disabilities who are below
11 the age of 6 years and who cannot attend 2 or more clock
12 hours because of their disability or immaturity, a
13 session of not less than one clock hour may be counted as
14 1/2 day of attendance; however for such children whose
15 educational needs so require a session of 4 or more clock
16 hours may be counted as a full day of attendance.
17 (h) A recognized kindergarten which provides for
18 only 1/2 day of attendance by each pupil shall not have
19 more than 1/2 day of attendance counted in any one 1 day.
20 However, kindergartens may count 2 1/2 days of attendance
21 in any 5 consecutive school days. When a pupil attends
22 such a kindergarten for 2 half days on any one school
23 day, the pupil shall have the following day as a day
24 absent from school, unless the school district obtains
25 permission in writing from the State Superintendent of
26 Education. Attendance at kindergartens which provide for
27 a full day of attendance by each pupil shall be counted
28 the same as attendance by first grade pupils. Only the
29 first year of attendance in one kindergarten shall be
30 counted, except in case of children who entered the
31 kindergarten in their fifth year whose educational
32 development requires a second year of kindergarten as
33 determined under the rules and regulations of the State
34 Board of Education.
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1 (G) Equalized Assessed Valuation Data.
2 (1) For purposes of the calculation of Available Local
3 Resources required pursuant to subsection (D), the State
4 Board of Education shall secure from the Department of
5 Revenue the value as equalized or assessed by the Department
6 of Revenue of all taxable property of every school district
7 together with the applicable tax rate used in extending taxes
8 for the funds of the district as of September 30 of the
9 previous year.
10 This equalized assessed valuation, as adjusted further by
11 the requirements of this subsection, shall be utilized in the
12 calculation of Available Local Resources.
13 (2) The equalized assessed valuation in paragraph (1)
14 shall be adjusted, as applicable, in the following manner:
15 (a) For the purposes of calculating State aid under
16 this Section, with respect to any part of a school
17 district within a redevelopment project area in respect
18 to which a municipality has adopted tax increment
19 allocation financing pursuant to the Tax Increment
20 Allocation Redevelopment Act, Sections 11-74.4-1 through
21 11-74.4-11 of the Illinois Municipal Code or the
22 Industrial Jobs Recovery Law, Sections 11-74.6-1 through
23 11-74.6-50 of the Illinois Municipal Code, no part of the
24 current equalized assessed valuation of real property
25 located in any such project area which is attributable to
26 an increase above the total initial equalized assessed
27 valuation of such property shall be used as part of the
28 equalized assessed valuation of the district, until such
29 time as all redevelopment project costs have been paid,
30 as provided in Section 11-74.4-8 of the Tax Increment
31 Allocation Redevelopment Act or in Section 11-74.6-35 of
32 the Industrial Jobs Recovery Law. For the purpose of the
33 equalized assessed valuation of the district, the total
34 initial equalized assessed valuation or the current
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1 equalized assessed valuation, whichever is lower, shall
2 be used until such time as all redevelopment project
3 costs have been paid.
4 (b) The real property equalized assessed valuation
5 for a school district shall be adjusted by subtracting
6 from the real property value as equalized or assessed by
7 the Department of Revenue for the district an amount
8 computed by dividing the amount of any abatement of taxes
9 under Section 18-170 of the Property Tax Code by 3.00%
10 for a district maintaining grades kindergarten through 12
11 , or by 2.30% for a district maintaining grades
12 kindergarten through 8, or by 1.20% for a district
13 maintaining grades 9 through 12 and adjusted by an amount
14 computed by dividing the amount of any abatement of taxes
15 under subsection (a) of Section 18-165 of the Property
16 Tax Code by the same percentage rates for district type
17 as specified in this subparagraph (b) (c).
18 (H) Supplemental General State Aid.
19 (1) In addition to the general State aid a school
20 district is allotted pursuant to subsection (E), qualifying
21 school districts shall receive a grant, paid in conjunction
22 with a district's payments of general State aid, for
23 supplemental general State aid based upon the concentration
24 level of children from low-income households within the
25 school district. Supplemental State aid grants provided for
26 school districts under this subsection shall be appropriated
27 for distribution to school districts as part of the same line
28 item in which the general State financial aid of school
29 districts is appropriated under this Section. For purposes of
30 this subsection, the term "Low-Income Concentration Level"
31 shall be the low-income eligible pupil count from the most
32 recently available federal census divided by the Average
33 Daily Attendance of the school district.
34 (2) Supplemental general State aid pursuant to this
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1 subsection shall be provided as follows:
2 (a) For any school district with a Low Income
3 Concentration Level of at least 20% and less than 35%,
4 the grant for any school year shall be $800 multiplied by
5 the low income eligible pupil count.
6 (b) For any school district with a Low Income
7 Concentration Level of at least 35% and less than 50%,
8 the grant for the 1998-1999 school year shall be $1,100
9 multiplied by the low income eligible pupil count.
10 (c) For any school district with a Low Income
11 Concentration Level of at least 50% and less than 60%,
12 the grant for the 1998-99 school year shall be $1,500
13 multiplied by the low income eligible pupil count.
14 (d) For any school district with a Low Income
15 Concentration Level of 60% or more, the grant for the
16 1998-99 school year shall be $1,900 multiplied by the low
17 income eligible pupil count.
18 (e) For the 1999-2000 school year, the per pupil
19 amount specified in subparagraphs (b), (c), and (d),
20 immediately above shall be increased by $100 to $1,200,
21 $1,600, and $2,000, respectively.
22 (f) For the 2000-2001 school year, the per pupil
23 amounts specified in subparagraphs (b), (c) and (d)
24 immediately above shall be increased to $1,230, $1,640,
25 and $2,050, respectively.
26 (3) School districts with an Average Daily Attendance of
27 more than 1,000 and less than 50,000 that qualify for
28 supplemental general State aid pursuant to this subsection
29 shall submit a plan to the State Board of Education prior to
30 October 30 of each year for the use of the funds resulting
31 from this grant of supplemental general State aid for the
32 improvement of instruction in which priority is given to
33 meeting the education needs of disadvantaged children. Such
34 plan shall be submitted in accordance with rules and
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1 regulations promulgated by the State Board of Education.
2 (4) School districts with an Average Daily Attendance of
3 50,000 or more that qualify for supplemental general State
4 aid pursuant to this subsection shall be required to
5 distribute from funds available pursuant to this Section, no
6 less than $261,000,000 in accordance with the following
7 requirements:
8 (a) The required amounts shall be distributed to
9 the attendance centers within the district in proportion
10 to the number of pupils enrolled at each attendance
11 center who are eligible to receive free or reduced-price
12 lunches or breakfasts under the federal Child Nutrition
13 Act of 1966 and under the National School Lunch Act
14 during the immediately preceding school year.
15 (b) The distribution of these portions of
16 supplemental and general State aid among attendance
17 centers according to these requirements shall not be
18 compensated for or contravened by adjustments of the
19 total of other funds appropriated to any attendance
20 centers, and the Board of Education shall utilize funding
21 from one or several sources in order to fully implement
22 this provision annually prior to the opening of school.
23 (c) Each attendance center shall be provided by the
24 school district a distribution of noncategorical funds
25 and other categorical funds to which an attendance center
26 is entitled under law in order that the general State aid
27 and supplemental general State aid provided by
28 application of this subsection supplements rather than
29 supplants the noncategorical funds and other categorical
30 funds provided by the school district to the attendance
31 centers.
32 (d) Any funds made available under this subsection
33 that by reason of the provisions of this subsection are
34 not required to be allocated and provided to attendance
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1 centers may be used and appropriated by the board of the
2 district for any lawful school purpose.
3 (e) Funds received by an attendance center pursuant
4 to this subsection shall be used by the attendance center
5 at the discretion of the principal and local school
6 council for programs to improve educational opportunities
7 at qualifying schools through the following programs and
8 services: early childhood education, reduced class size
9 or improved adult to student classroom ratio, enrichment
10 programs, remedial assistance, attendance improvement,
11 and other educationally beneficial expenditures which
12 supplement the regular and basic programs as determined
13 by the State Board of Education. Funds provided shall
14 not be expended for any political or lobbying purposes as
15 defined by board rule.
16 (f) Each district subject to the provisions of this
17 subdivision (H)(4) shall submit an acceptable plan to
18 meet the educational needs of disadvantaged children, in
19 compliance with the requirements of this paragraph, to
20 the State Board of Education prior to July 15 of each
21 year. This plan shall be consistent with the decisions of
22 local school councils concerning the school expenditure
23 plans developed in accordance with part 4 of Section
24 34-2.3. The State Board shall approve or reject the plan
25 within 60 days after its submission. If the plan is
26 rejected, the district shall give written notice of
27 intent to modify the plan within 15 days of the
28 notification of rejection and then submit a modified plan
29 within 30 days after the date of the written notice of
30 intent to modify. Districts may amend approved plans
31 pursuant to rules promulgated by the State Board of
32 Education.
33 Upon notification by the State Board of Education
34 that the district has not submitted a plan prior to July
-627- LRB9101253EGfg
1 15 or a modified plan within the time period specified
2 herein, the State aid funds affected by that plan or
3 modified plan shall be withheld by the State Board of
4 Education until a plan or modified plan is submitted.
5 If the district fails to distribute State aid to
6 attendance centers in accordance with an approved plan,
7 the plan for the following year shall allocate funds, in
8 addition to the funds otherwise required by this
9 subsection, to those attendance centers which were
10 underfunded during the previous year in amounts equal to
11 such underfunding.
12 For purposes of determining compliance with this
13 subsection in relation to the requirements of attendance
14 center funding, each district subject to the provisions
15 of this subsection shall submit as a separate document by
16 December 1 of each year a report of expenditure data for
17 the prior year in addition to any modification of its
18 current plan. If it is determined that there has been a
19 failure to comply with the expenditure provisions of this
20 subsection regarding contravention or supplanting, the
21 State Superintendent of Education shall, within 60 days
22 of receipt of the report, notify the district and any
23 affected local school council. The district shall within
24 45 days of receipt of that notification inform the State
25 Superintendent of Education of the remedial or corrective
26 action to be taken, whether by amendment of the current
27 plan, if feasible, or by adjustment in the plan for the
28 following year. Failure to provide the expenditure
29 report or the notification of remedial or corrective
30 action in a timely manner shall result in a withholding
31 of the affected funds.
32 The State Board of Education shall promulgate rules
33 and regulations to implement the provisions of this
34 subsection. No funds shall be released under this
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1 subdivision (H)(4) to any district that has not submitted
2 a plan that has been approved by the State Board of
3 Education.
4 (I) General State Aid for Newly Configured School Districts.
5 (1) For a new school district formed by combining
6 property included totally within 2 or more previously
7 existing school districts, for its first year of existence
8 the general State aid and supplemental general State aid
9 calculated under this Section shall be computed for the new
10 district and for the previously existing districts for which
11 property is totally included within the new district. If the
12 computation on the basis of the previously existing districts
13 is greater, a supplementary payment equal to the difference
14 shall be made for the first 4 years of existence of the new
15 district.
16 (2) For a school district which annexes all of the
17 territory of one or more entire other school districts, for
18 the first year during which the change of boundaries
19 attributable to such annexation becomes effective for all
20 purposes as determined under Section 7-9 or 7A-8, the general
21 State aid and supplemental general State aid calculated under
22 this Section shall be computed for the annexing district as
23 constituted after the annexation and for the annexing and
24 each annexed district as constituted prior to the annexation;
25 and if the computation on the basis of the annexing and
26 annexed districts as constituted prior to the annexation is
27 greater, a supplementary payment equal to the difference
28 shall be made for the first 4 years of existence of the
29 annexing school district as constituted upon such annexation.
30 (3) For 2 or more school districts which annex all of
31 the territory of one or more entire other school districts,
32 and for 2 or more community unit districts which result upon
33 the division (pursuant to petition under Section 11A-2) of
34 one or more other unit school districts into 2 or more parts
-629- LRB9101253EGfg
1 and which together include all of the parts into which such
2 other unit school district or districts are so divided, for
3 the first year during which the change of boundaries
4 attributable to such annexation or division becomes effective
5 for all purposes as determined under Section 7-9 or 11A-10,
6 as the case may be, the general State aid and supplemental
7 general State aid calculated under this Section shall be
8 computed for each annexing or resulting district as
9 constituted after the annexation or division and for each
10 annexing and annexed district, or for each resulting and
11 divided district, as constituted prior to the annexation or
12 division; and if the aggregate of the general State aid and
13 supplemental general State aid as so computed for the
14 annexing or resulting districts as constituted after the
15 annexation or division is less than the aggregate of the
16 general State aid and supplemental general State aid as so
17 computed for the annexing and annexed districts, or for the
18 resulting and divided districts, as constituted prior to the
19 annexation or division, then a supplementary payment equal to
20 the difference shall be made and allocated between or among
21 the annexing or resulting districts, as constituted upon such
22 annexation or division, for the first 4 years of their
23 existence. The total difference payment shall be allocated
24 between or among the annexing or resulting districts in the
25 same ratio as the pupil enrollment from that portion of the
26 annexed or divided district or districts which is annexed to
27 or included in each such annexing or resulting district bears
28 to the total pupil enrollment from the entire annexed or
29 divided district or districts, as such pupil enrollment is
30 determined for the school year last ending prior to the date
31 when the change of boundaries attributable to the annexation
32 or division becomes effective for all purposes. The amount
33 of the total difference payment and the amount thereof to be
34 allocated to the annexing or resulting districts shall be
-630- LRB9101253EGfg
1 computed by the State Board of Education on the basis of
2 pupil enrollment and other data which shall be certified to
3 the State Board of Education, on forms which it shall provide
4 for that purpose, by the regional superintendent of schools
5 for each educational service region in which the annexing and
6 annexed districts, or resulting and divided districts are
7 located.
8 (3.5) Claims for financial assistance under this
9 subsection (I) shall not be recomputed except as expressly
10 provided under this Section.
11 (4) Any supplementary payment made under this subsection
12 (I) shall be treated as separate from all other payments made
13 pursuant to this Section.
14 (J) Supplementary Grants in Aid.
15 (1) Notwithstanding any other provisions of this
16 Section, the amount of the aggregate general State aid in
17 combination with supplemental general State aid under this
18 Section for which each school district is eligible shall be
19 no less than the amount of the aggregate general State aid
20 entitlement that was received by the district under Section
21 18-8 (exclusive of amounts received under subsections 5(p)
22 and 5(p-5) of that Section) for the 1997-98 school year,
23 pursuant to the provisions of that Section as it was then in
24 effect. If a school district qualifies to receive a
25 supplementary payment made under this subsection (J), the
26 amount of the aggregate general State aid in combination with
27 supplemental general State aid under this Section which that
28 district is eligible to receive for each school year shall be
29 no less than the amount of the aggregate general State aid
30 entitlement that was received by the district under Section
31 18-8 (exclusive of amounts received under subsections 5(p)
32 and 5(p-5) of that Section) for the 1997-1998 school year,
33 pursuant to the provisions of that Section as it was then in
34 effect.
-631- LRB9101253EGfg
1 (2) If, as provided in paragraph (1) of this subsection
2 (J), a school district is to receive aggregate general State
3 aid in combination with supplemental general State aid under
4 this Section for the 1998-99 school year and any subsequent
5 school year that in any such school year is less than the
6 amount of the aggregate general State aid entitlement that
7 the district received for the 1997-98 school year, the school
8 district shall also receive, from a separate appropriation
9 made for purposes of this subsection (J), a supplementary
10 payment that is equal to the amount of the difference in the
11 aggregate State aid figures as described in paragraph (1).
12 (3) (Blank).
13 (K) Grants to Laboratory and Alternative Schools.
14 In calculating the amount to be paid to the governing
15 board of a public university that operates a laboratory
16 school under this Section or to any alternative school that
17 is operated by a regional superintendent of schools, the
18 State Board of Education shall require by rule such reporting
19 requirements as it deems necessary.
20 As used in this Section, "laboratory school" means a
21 public school which is created and operated by a public
22 university and approved by the State Board of Education. The
23 governing board of a public university which receives funds
24 from the State Board under this subsection (K) may not
25 increase the number of students enrolled in its laboratory
26 school from a single district, if that district is already
27 sending 50 or more students, except under a mutual agreement
28 between the school board of a student's district of residence
29 and the university which operates the laboratory school. A
30 laboratory school may not have more than 1,000 students,
31 excluding students with disabilities in a special education
32 program.
33 As used in this Section, "alternative school" means a
34 public school which is created and operated by a Regional
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1 Superintendent of Schools and approved by the State Board of
2 Education. Such alternative schools may offer courses of
3 instruction for which credit is given in regular school
4 programs, courses to prepare students for the high school
5 equivalency testing program or vocational and occupational
6 training. A regional superintendent of schools may contract
7 with a school district or a public community college district
8 to operate an alternative school. An alternative school
9 serving more than one educational service region may be
10 established by the regional superintendents of schools of
11 those the affected educational service regions. An
12 alternative school serving more than one educational service
13 region may be operated under such terms as the regional
14 superintendents of schools of those educational service
15 regions may agree.
16 Each laboratory and alternative school shall file, on
17 forms provided by the State Superintendent of Education, an
18 annual State aid claim which states the Average Daily
19 Attendance of the school's students by month. The best 3
20 months' Average Daily Attendance shall be computed for each
21 school. The general State aid entitlement shall be computed
22 by multiplying the applicable Average Daily Attendance by the
23 Foundation Level as determined under this Section.
24 (L) Payments, Additional Grants in Aid and Other
25 Requirements.
26 (1) For a school district operating under the financial
27 supervision of an Authority created under Article 34A, the
28 general State aid otherwise payable to that district under
29 this Section, but not the supplemental general State aid,
30 shall be reduced by an amount equal to the budget for the
31 operations of the Authority as certified by the Authority to
32 the State Board of Education, and an amount equal to such
33 reduction shall be paid to the Authority created for such
34 district for its operating expenses in the manner provided in
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1 Section 18-11. The remainder of general State school aid for
2 any such district shall be paid in accordance with Article
3 34A when that Article provides for a disposition other than
4 that provided by this Article.
5 (2) Impaction. Impaction payments shall be made as
6 provided for in Section 18-4.2.
7 (3) Summer school. Summer school payments shall be made
8 as provided in Section 18-4.3.
9 (M) Education Funding Advisory Board.
10 The Education Funding Advisory Board, hereinafter in this
11 subsection (M) referred to as the "Board", is hereby created.
12 The Board shall consist of 5 members who are appointed by the
13 Governor, by and with the advice and consent of the Senate.
14 The members appointed shall include representatives of
15 education, business, and the general public. One of the
16 members so appointed shall be designated by the Governor at
17 the time the appointment is made as the chairperson of the
18 Board. The initial members of the Board may be appointed any
19 time after the effective date of this amendatory Act of 1997.
20 The regular term of each member of the Board shall be for 4
21 years from the third Monday of January of the year in which
22 the term of the member's appointment is to commence, except
23 that of the 5 initial members appointed to serve on the
24 Board, the member who is appointed as the chairperson shall
25 serve for a term that commences on the date of his or her
26 appointment and expires on the third Monday of January, 2002,
27 and the remaining 4 members, by lots drawn at the first
28 meeting of the Board that is held after all 5 members are
29 appointed, shall determine 2 of their number to serve for
30 terms that commence on the date of their respective
31 appointments and expire on the third Monday of January, 2001,
32 and 2 of their number to serve for terms that commence on the
33 date of their respective appointments and expire on the third
34 Monday of January, 2000. All members appointed to serve on
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1 the Board shall serve until their respective successors are
2 appointed and confirmed. Vacancies shall be filled in the
3 same manner as original appointments. If a vacancy in
4 membership occurs at a time when the Senate is not in
5 session, the Governor shall make a temporary appointment
6 until the next meeting of the Senate, when he or she shall
7 appoint, by and with the advice and consent of the Senate, a
8 person to fill that membership for the unexpired term. If
9 the Senate is not in session when the initial appointments
10 are made, those appointments shall be made as in the case of
11 vacancies.
12 The Education Funding Advisory Board shall be deemed
13 established, and the initial members appointed by the
14 Governor to serve as members of the Board shall take office,
15 on the date that the Governor makes his or her appointment of
16 the fifth initial member of the Board, whether those initial
17 members are then serving pursuant to appointment and
18 confirmation or pursuant to temporary appointments that are
19 made by the Governor as in the case of vacancies.
20 The State Board of Education shall provide such staff
21 assistance to the Education Funding Advisory Board as is
22 reasonably required for the proper performance by the Board
23 of its responsibilities.
24 For school years after the 2000-2001 school year, the
25 Education Funding Advisory Board, in consultation with the
26 State Board of Education, shall make recommendations as
27 provided in this subsection (M) to the General Assembly for
28 the foundation level under subdivision (B)(3) of this Section
29 and for the supplemental general State aid grant level under
30 subsection (H) of this Section for districts with high
31 concentrations of children from poverty. The recommended
32 foundation level shall be determined based on a methodology
33 which incorporates the basic education expenditures of
34 low-spending schools exhibiting high academic performance.
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1 The Education Funding Advisory Board shall make such
2 recommendations to the General Assembly on January 1 of odd
3 numbered years, beginning January 1, 2001.
4 (N) General State Aid Adjustment Grant.
5 (1) Any school district subject to property tax
6 extension limitations as imposed under the provisions of the
7 Property Tax Extension Limitation Law shall be entitled to
8 receive, subject to the qualifications and requirements of
9 this subsection, a general State aid adjustment grant.
10 Eligibility for this grant shall be determined on an annual
11 basis and claims for grant payments shall be paid subject to
12 appropriations made specific to this subsection. For
13 purposes of this subsection the following terms shall have
14 the following meanings:
15 "Budget Year": The school year for which general State
16 aid is calculated and awarded under subsection (E).
17 "Current Year": The school year immediately preceding
18 the Budget Year.
19 "Base Tax Year": The property tax levy year used to
20 calculate the Budget Year allocation of general State aid.
21 "Preceding Tax Year": The property tax levy year
22 immediately preceding the Base Tax Year.
23 "Extension Limitation Ratio": A numerical ratio,
24 certified by a school district's County Clerk, in which the
25 numerator is the Base Tax Year's tax extension amount
26 resulting from the Limiting Rate and the denominator is the
27 Preceding Tax Year's tax extension amount resulting from the
28 Limiting Rate.
29 "Limiting Rate": The limiting rate as defined in the
30 Property Tax Extension Limitation Law.
31 "Preliminary Tax Rate": The tax rate for all purposes
32 except bond and interest that would have been used to extend
33 those taxes absent the provisions of the Property Tax
34 Extension Limitation Law.
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1 (2) To qualify for a general State aid adjustment grant,
2 a school district must meet all of the following eligibility
3 criteria for each Budget Year for which a grant is claimed:
4 (a) (Blank).
5 (b) The Preliminary Tax Rate of the school district
6 for the Base Tax Year was reduced by the Clerk of the
7 County as a result of the requirements of the Property
8 Tax Extension Limitation Law.
9 (c) The Available Local Resources per pupil of the
10 school district as calculated pursuant to subsection (D)
11 using the Base Tax Year are less than the product of 1.75
12 times the Foundation Level for the Budget Year.
13 (d) The school district has filed a proper and
14 timely claim for a general State aid adjustment grant as
15 required under this subsection.
16 (3) A claim for grant assistance under this subsection
17 shall be filed with the State Board of Education on or before
18 April 1 of the Current Year for a grant for the Budget Year.
19 The claim shall be made on forms prescribed by the State
20 Board of Education and must be accompanied by a written
21 statement from the Clerk of the County, certifying:
22 (a) That the school district had its Preliminary
23 Tax Rate for the Base Tax Year reduced as a result of the
24 Property Tax Extension Limitation Law.
25 (b) (Blank).
26 (c) The Extension Limitation Ratio as that term is
27 defined in this subsection.
28 (4) On or before August 1 of the Budget Year the State
29 Board of Education shall calculate, for all school districts
30 meeting the other requirements of this subsection, the amount
31 of the general State aid adjustment grant, if any, that the
32 school districts are eligible to receive in the Budget Year.
33 The amount of the general State aid adjustment grant shall be
34 calculated as follows:
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1 (a) Determine the school district's general State
2 aid grant for the Budget Year as provided in accordance
3 with the provisions of subsection (E).
4 (b) Determine the school district's adjusted level
5 of general State aid by utilizing in the calculation of
6 Available Local Resources the equalized assessed
7 valuation that was used to calculate the general State
8 aid for the preceding fiscal year multiplied by the
9 Extension Limitation Ratio.
10 (c) Subtract the sum derived in subparagraph (a)
11 from the sum derived in subparagraph (b). If the result
12 is a positive number, that amount shall be the general
13 State aid adjustment grant that the district is eligible
14 to receive.
15 (5) The State Board of Education shall in the Current
16 Year, based upon claims filed in the Current Year, recommend
17 to the General Assembly an appropriation amount for the
18 general State aid adjustment grants to be made in the Budget
19 Year.
20 (6) Claims for general State aid adjustment grants shall
21 be paid in a lump sum on or before January 1 of the Budget
22 Year only from appropriations made by the General Assembly
23 expressly for claims under this subsection. No such claims
24 may be paid from amounts appropriated for any other purpose
25 provided for under this Section. In the event that the
26 appropriation for claims under this subsection is
27 insufficient to meet all Budget Year claims for a general
28 State aid adjustment grant, the appropriation available shall
29 be proportionately prorated by the State Board of Education
30 amongst all districts filing for and entitled to payments.
31 (7) The State Board of Education shall promulgate the
32 required claim forms and rules necessary to implement the
33 provisions of this subsection.
34 (O) References.
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1 (1) References in other laws to the various subdivisions
2 of Section 18-8 as that Section existed before its repeal and
3 replacement by this Section 18-8.05 shall be deemed to refer
4 to the corresponding provisions of this Section 18-8.05, to
5 the extent that those references remain applicable.
6 (2) References in other laws to State Chapter 1 funds
7 shall be deemed to refer to the supplemental general State
8 aid provided under subsection (H) of this Section.
9 (Source: P.A. 90-548, eff. 7-1-98; incorporates 90-566;
10 90-653, eff. 7-29-98; 90-654, eff. 7-29-98; 90-655, eff.
11 7-30-98; 90-802, eff. 12-15-98; revised 12-24-98.)
12 (105 ILCS 5/21-10) (from Ch. 122, par. 21-10)
13 Sec. 21-10. Provisional certificate.
14 (A) Until July 1, 1972, the State Teacher Certification
15 Board may issue a provisional certificate valid for teaching
16 in elementary, high school or special subject fields subject
17 to the following conditions:
18 A provisional certificate may be issued to a person who
19 presents certified evidence of having earned a bachelor's
20 degree from a recognized institution of higher learning. The
21 academic and professional courses offered as a basis of the
22 provisional certificate shall be courses approved by the
23 State Board of Education in consultation with the State
24 Teacher Certification Board.
25 A certificate earned under this plan may be renewed at
26 the end of each two-year period upon evidence filed with the
27 State Teacher Certification Board that the holder has earned
28 8 semester hours of credit within the period; provided the
29 requirements for the certificate of the same type issued for
30 the teaching position for which the teacher is employed shall
31 be met by the end of the second renewal period. A second
32 provisional certificate shall not be issued. The credits so
33 earned must be approved by the State Board of Education in
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1 consultation with the State Teacher Certification Board and
2 must meet the general pattern for a similar type of
3 certificate issued on the basis of credit. No more than 4
4 semester hours shall be chosen from elective subjects.
5 (B) After July 1, 1972, the State Teacher Certification
6 Board may issue a provisional certificate valid for teaching
7 in early childhood, elementary, high school or special
8 subject fields, or for providing service as school service
9 personnel or for administering schools subject to the
10 following conditions: A provisional certificate may be issued
11 to a person who meets the requirements for a regular
12 teaching, school service personnel or administrative
13 certificate in another State and who presents certified
14 evidence of having earned a bachelor's degree from a
15 recognized institution of higher learning. The academic and
16 professional courses offered as a basis of the provisional
17 certificate shall be courses approved by the State Board of
18 Education in consultation with the State Teacher
19 Certification Board. A certificate earned under this plan is
20 valid for a period of 2 years and shall not be renewed;
21 however, the individual to whom this certificate is issued
22 shall have passed or shall pass the examinations set forth by
23 the State Board of Education within 9 months of the date of
24 issuance of the provisional certificate. Failure to pass the
25 tests, required in Section 21-1a, shall result in the
26 cancellation of the provisional certificate.
27 (C) The State Teacher Certification Board may also issue
28 a provisional vocational certificate and a temporary
29 provisional vocational certificate.
30 (1) The requirements for a provisional vocational
31 certificate shall be determined by the State Board of
32 Education in consultation with the State Teacher
33 Certification Board; provided, the following minimum
34 requirements are met: (a) after July 1, 1972, at least 30
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1 semester hours of credit from a recognized institution of
2 higher learning; and (b) after July 1, 1974, at least 60
3 semester hours of credit from a recognized institution of
4 higher learning.
5 (2) The requirements for a temporary provisional
6 vocational certificate shall be determined by the State
7 Board of Education in consultation with the State Teacher
8 Certification Board; provided, the following minimum
9 requirements are met: (a) after July 1, 1973, at least
10 4,000 hours of work experience in the skill to be
11 certified for teaching; and (b) after July 1, 1975, at
12 least 8,000 hours of work experience in the skill to be
13 certified for teaching. Any certificate issued under the
14 provisions of this paragraph shall expire on June 30
15 following the date of issue. Renewals may be granted on
16 a yearly basis, but shall not be granted to any person
17 who does not file with the State Teacher Certification
18 Board a transcript showing at least 3 semester hours of
19 credit earned during the previous year in a recognized
20 institution of learning. No such certificate shall be
21 issued except upon certification by the employing board,
22 subject to the approval of the regional superintendent of
23 schools, that no qualified teacher holding a regular
24 certificate or a provisional vocational certificate is
25 available and that actual circumstances and need require
26 such issuance.
27 The courses or work experience offered as a basis for the
28 issuance of the provisional vocational certificate or the
29 temporary provisional vocational certificate shall be
30 approved by the State Board of Education in consultation with
31 the State Teacher Certification Board.
32 (D) Until July 1, 1972, the State Teacher Certification
33 Board may also issue a provisional foreign language
34 certificate valid for 4 years for teaching the foreign
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1 language named therein in all grades of the common schools
2 and shall be issued to persons who have graduated from a
3 recognized institution of higher learning with not fewer than
4 120 semester hours of credit and who have met other
5 requirements as determined by the State Board of Education in
6 consultation with the State Teacher Certification Board. If
7 the holder of a provisional foreign language certificate is
8 not a citizen of the United States within 6 years of the date
9 of issuance of the original certificate, such certificate
10 shall be suspended by the regional superintendent of schools
11 of the region in which the holder is engaged to teach and
12 shall not be reinstated until the holder is a citizen of the
13 United States.
14 (E) Notwithstanding anything in this Act to the
15 contrary, the State Teacher Certification Board shall issue
16 part-time provisional certificates to eligible individuals
17 who are professionals and craftsmen.
18 The requirements for a part-time provisional teachers
19 certificate shall be determined by the State Board of
20 Education in consultation with the State Teacher
21 Certification Board, provided the following minimum
22 requirements are met: 60 semester hours of credit from a
23 recognized institution of higher learning or 4000 hours of
24 work experience in the skill to be certified for teaching.
25 A part-time provisional certificate may be issued for
26 teaching no more than 2 courses of study for grades 6 through
27 12.
28 A part-time provisional teachers certificate shall be
29 valid for 2 years and may be renewed at the end of each 2
30 year period.
31 (Source: P.A. 90-548, eff. 1-1-98; revised 10-31-98.)
32 (105 ILCS 5/21-12) (from Ch. 122, par. 21-12)
33 Sec. 21-12. Printing; of Seal; Signature; Credentials.
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1 All certificates shall be printed by and bear the seal of the
2 State Teacher Certification Board and the signatures of the
3 chairman and of the secretary of the board. All college
4 credentials offered as the basis of a certificate shall be
5 presented to the secretary of the State Teacher Certification
6 Board for inspection and approval. After January 1, 1964,
7 each application for a certificate or evaluation of
8 credentials shall be accompanied by an evaluation fee of $20
9 which is not refundable.
10 Commencing January 1, 1994, an additional $10 shall be
11 charged for each application for a certificate or evaluation
12 of credentials which is not refundable. There is hereby
13 created a Teacher Certificate Fee Revolving Fund as a special
14 fund within the State Treasury. The proceeds of the
15 additional $10 fee shall be paid into the Teacher Certificate
16 Fee Revolving Fund; and the moneys in that Fund shall be
17 appropriated and used to provide the technology and other
18 resources necessary for the timely and efficient processing
19 of certification requests.
20 When evaluation verifies the requirements for a valid
21 certificate, the applicant shall be issued an entitlement
22 card that may be presented to a regional superintendent of
23 schools together with a fee of one dollar for issuance of a
24 certificate.
25 The applicant shall be notified of any deficiencies.
26 (Source: P.A. 88-224; revised 10-31-98.)
27 (105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1)
28 Sec. 27-8.1. Health examinations and immunizations.
29 (1) In compliance with rules and regulations which the
30 Department of Public Health shall promulgate, and except as
31 hereinafter provided, all children in Illinois shall have a
32 health examination as follows: within one year prior to
33 entering kindergarten or the first grade of any public,
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1 private, or parochial elementary school; upon entering the
2 fifth and ninth grades of any public, private, or parochial
3 school; prior to entrance into any public, private, or
4 parochial nursery school; and, irrespective of grade,
5 immediately prior to or upon entrance into any public,
6 private, or parochial school or nursery school, each child
7 shall present proof of having been examined in accordance
8 with this Section and the rules and regulations promulgated
9 hereunder.
10 A tuberculosis skin test screening shall be included as a
11 required part of each health examination included under this
12 Section if the child resides in an area designated by the
13 Department of Public Health as having a high incidence of
14 tuberculosis. Additional health examinations of pupils,
15 including dental and vision examinations, may be required
16 when deemed necessary by school authorities. Parents are
17 encouraged to have their children undergo dental examinations
18 at the same points in time required for health examinations.
19 (2) The Department of Public Health shall promulgate
20 rules and regulations specifying the examinations and
21 procedures that constitute a health examination and may
22 recommend by rule that certain additional examinations be
23 performed. The rules and regulations of the Department of
24 Public Health shall specify that a tuberculosis skin test
25 screening shall be included as a required part of each health
26 examination included under this Section if the child resides
27 in an area designated by the Department of Public Health as
28 having a high incidence of tuberculosis.
29 Physicians licensed to practice medicine in all of its
30 branches shall be responsible for the performance of the
31 health examinations, other than dental examinations and
32 vision and hearing screening, and shall sign all report forms
33 required by subsection (4) of this Section that pertain to
34 those portions of the health examination for which the
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1 physician is responsible. If a registered nurse performs any
2 part of a health examination, then a physician licensed to
3 practice medicine in all of its branches must review and sign
4 all required report forms. Licensed dentists shall perform
5 all dental examinations and shall sign all report forms
6 required by subsection (4) of this Section that pertain to
7 the dental examinations. Physicians licensed to practice
8 medicine in all its branches, or licensed optometrists, shall
9 perform all vision exams required by school authorities and
10 shall sign all report forms required by subsection (4) of
11 this Section that pertain to the vision exam. Vision and
12 hearing screening tests, which shall not be considered
13 examinations as that term is used in this Section, shall be
14 conducted in accordance with rules and regulations of the
15 Department of Public Health, and by individuals whom the
16 Department of Public Health has certified.
17 (3) Every child shall, at or about the same time as he
18 or she receives a health examination required by subsection
19 (1) of this Section, present to the local school, proof of
20 having received such immunizations against preventable
21 communicable diseases as the Department of Public Health
22 shall require by rules and regulations promulgated pursuant
23 to this Section and the Communicable Disease Prevention Act.
24 (4) The individuals conducting the health examination
25 shall record the fact of having conducted the examination,
26 and such additional information as required, on uniform forms
27 which the Department of Public Health and the State Board of
28 Education shall prescribe for statewide use. The examiner
29 shall summarize on the report form any condition that he or
30 she suspects indicates a need for special services. The
31 individuals confirming the administration of required
32 immunizations shall record as indicated on the form that the
33 immunizations were administered.
34 (5) If a child does not submit proof of having had
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1 either the health examination or the immunization as
2 required, then the child shall be examined or receive the
3 immunization, as the case may be, and present proof by
4 October 15 of the current school year, or by an earlier date
5 of the current school year established by a school district.
6 To establish a date before October 15 of the current school
7 year for the health examination or immunization as required,
8 a school district must give notice of the requirements of
9 this Section 60 days prior to the earlier established date.
10 If for medical reasons one or more of the required
11 immunizations must be given after October 15 of the current
12 school year, or after an earlier established date of the
13 current school year, then the child shall present, by October
14 15, or by the earlier established date, a schedule for the
15 administration of the immunizations and a statement of the
16 medical reasons causing the delay, both the schedule and the
17 statement being issued by the physician, registered nurse, or
18 local health department that will be responsible for
19 administration of the remaining required immunizations. If a
20 child does not comply by October 15, or by the earlier
21 established date of the current school year, with the
22 requirements of this subsection, then the local school
23 authority shall exclude that child from school until such
24 time as the child presents proof of having had the health
25 examination as required and presents proof of having received
26 those required immunizations which are medically possible to
27 receive immediately. During a child's exclusion from school
28 for noncompliance with this subsection, the child's parents
29 or legal guardian shall be considered in violation of Section
30 26-1 and subject to any penalty imposed by Section 26-10.
31 (6) Every school shall report to the State Board of
32 Education by November 15, in the manner which that agency
33 shall require, the number of children who have received the
34 necessary immunizations and the health examination as
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1 required, indicating, of those who have not received the
2 immunizations and examination as required, the number of
3 children who are exempt from health examination and
4 immunization requirements on religious or medical grounds as
5 provided in subsection (8). This reported information shall
6 be provided to the Department of Public Health by the State
7 Board of Education.
8 (7) Upon determining that the number of pupils who are
9 required to be in compliance with subsection (5) of this
10 Section is below 90% of the number of pupils enrolled in the
11 school district, 10% of each State aid payment made pursuant
12 to Section 18-8 to the school district for such year shall be
13 withheld by the regional superintendent until the number of
14 students in compliance with subsection (5) is the applicable
15 specified percentage or higher.
16 (8) Children whose Parents or legal guardians who object
17 to health examinations or any part thereof, or to
18 immunizations, on religious grounds shall not be required to
19 submit their children or wards to the examinations or
20 immunizations to which they so object if such parents or
21 legal guardians present to the appropriate local school
22 authority a signed statement of objection, detailing the
23 grounds for the objection. If the physical condition of the
24 child is such that any one or more of the immunizing agents
25 should not be administered, the examining physician
26 responsible for the performance of the health examination
27 shall endorse that fact upon the health examination form.
28 Exempting a child from the health examination does not exempt
29 the child from participation in the program of physical
30 education training provided in Sections 27-5 through 27-7 of
31 this Code.
32 (9) For the purposes of this Section, "nursery schools"
33 means those nursery schools operated by elementary school
34 systems or secondary level school units or institutions of
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1 higher learning.
2 (Source: P.A. 88-149; 89-618, eff. 8-9-96; 89-626, eff.
3 8-9-96; revised 3-10-98.)
4 (105 ILCS 5/27A-4)
5 Sec. 27A-4. General Provisions.
6 (a) The General Assembly does not intend to alter or
7 amend the provisions of any court-ordered desegregation plan
8 in effect for any school district. A charter school shall be
9 subject to all federal and State laws and constitutional
10 provisions prohibiting discrimination on the basis of
11 disability, race, creed, color, gender, national origin,
12 religion, ancestry, marital status, or need for special
13 education services.
14 (b) The total number of charter schools operating under
15 this Article at any one time shall not exceed 45. Not more
16 than that 15 charter schools shall operate at any one time in
17 any city having a population exceeding 500,000; not more than
18 15 charter schools shall operate at any one time in the
19 counties of DuPage, Kane, Lake, McHenry, Will, and that
20 portion of Cook County that is located outside a city having
21 a population exceeding 500,000; and not more than 15 charter
22 schools shall operate at any one time in the remainder of the
23 State.
24 For purposes of implementing this Section, the State
25 Board shall assign a number to each charter submission it
26 receives under Section 27A-6 for its review and
27 certification, based on the chronological order in which the
28 submission is received by it. The State Board shall promptly
29 notify local school boards when the maximum numbers of
30 certified charter schools authorized to operate have been
31 reached.
32 (c) No charter shall be granted under this Article that
33 would convert any existing private, parochial, or non-public
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1 school to a charter school.
2 (d) Enrollment in a charter school shall be open to any
3 pupil who resides within the geographic boundaries of the
4 area served by the local school board. However, no more than
5 50% of the number of resident pupils enrolled in any one
6 grade in a school district with only a single attendance
7 center covering that grade may be enrolled in a charter
8 school at one time.
9 (e) Nothing in this Article shall prevent 2 or more
10 local school boards from jointly issuing a charter to a
11 single shared charter school, provided that all of the
12 provisions of this Article are met as to those local school
13 boards.
14 (f) No local school board shall require any employee of
15 the school district to be employed in a charter school.
16 (g) No local school board shall require any pupil
17 residing within the geographic boundary of its district to
18 enroll in a charter school.
19 (h) If there are more eligible applicants for enrollment
20 in a charter school than there are spaces available,
21 successful applicants shall be selected by lottery. However,
22 priority shall be given to siblings of pupils enrolled in the
23 charter school and to pupils who were enrolled in the charter
24 school the previous school year, unless expelled for cause.
25 Dual enrollment at both a charter school and a public school
26 or non-public school shall not be allowed. A pupil who is
27 suspended or expelled from a charter school shall be deemed
28 to be suspended or expelled from the public schools of the
29 school district in which the pupil resides.
30 (i) No charter school established under this Article may
31 be authorized to open prior to the school year beginning in
32 the fall of 1996.
33 (Source: P.A. 89-450, eff. 4-10-96; revised 2-24-98.)
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1 (105 ILCS 5/29-5.2) (from Ch. 122, par. 29-5.2)
2 Sec. 29-5.2. Reimbursement of transportation.
3 (a) Reimbursement. A custodian of a qualifying pupil
4 shall be entitled to reimbursement in accordance with
5 procedures established by the State Board of Education for
6 qualified transportation expenses paid by such custodian
7 during the school year.
8 (b) Definitions. As used in this Section:
9 (1) "Qualifying pupil" means an individual referred to
10 in subsection (c), as well as an individual who:
11 (A) is a resident of the State of Illinois; and
12 (B) is under the age of 21 at the close of the school
13 year for which reimbursement is sought;, and;
14 (C) during the school year for which reimbursement is
15 sought was a full-time pupil enrolled in a kindergarten
16 through 12th grade educational program at a school which was
17 a distance of 1 1/2 miles or more from the residence of such
18 pupil; and
19 (D) did not live within 1 1/2 miles from the school in
20 which the pupil was enrolled or have access to transportation
21 provided entirely at public expense to and from that school
22 and a point within 1 1/2 miles of the pupil's residence,
23 measured in a manner consistent with Section 29-3.
24 (2) "Qualified transportation expenses" means costs
25 reasonably incurred by the custodian to transport, for the
26 purposes of attending regularly scheduled day-time classes, a
27 qualifying pupil between such qualifying pupil's residence
28 and the school at which such qualifying pupil is enrolled, as
29 limited in subsection (e) of this Section, and shall include
30 automobile expenses at the standard mileage rate allowed by
31 the United States Internal Revenue Service as reimbursement
32 for business transportation expense, as well as payments to
33 mass transit carriers, private carriers, and contractual fees
34 for transportation.
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1 (3) "School" means a public or nonpublic elementary or
2 secondary school in Illinois, attendance at which satisfies
3 the requirements of Section 26-1.
4 (4) One and one-half miles distance. For the purposes of
5 this Section, 1 1/2 miles distance shall be measured in a
6 manner consistent with Section 29-3.
7 (5) Custodian. The term "custodian" shall mean, with
8 respect to a qualifying pupil, an Illinois resident who is
9 the parent, or parents, or legal guardian of such qualifying
10 pupil.
11 (c) An individual, resident of the State of Illinois,
12 who is under the age of 21 at the close of the school year
13 for which reimbursement is sought and who, during that school
14 year, was a full time pupil enrolled in a kindergarten
15 through 12th grade educational program at a school which was
16 within 1 1/2 miles of the pupil's residence, measured in a
17 manner consistent with Section 29-3, is a "qualifying pupil"
18 within the meaning of this Section if: (i) such pupil did
19 not have access to transportation provided entirely at public
20 expense to and from that school and the pupil's residence,
21 and (ii) conditions were such that walking would have
22 constituted a serious hazard to the safety of the pupil due
23 to vehicular traffic. The determination of what constitutes
24 a serious safety hazard within the meaning of this subsection
25 shall in each case be made by the Department of
26 Transportation in accordance with guidelines which the
27 Department, in consultation with the State Superintendent of
28 Education, shall promulgate. Each custodian intending to
29 file an application for reimbursement under subsection (d)
30 for expenditures incurred or to be incurred with respect to a
31 pupil asserted to be a qualified pupil as an individual
32 referred to in this subsection shall first file with the
33 appropriate regional superintendent, on forms provided by the
34 State Board of Education, a request for a determination that
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1 a serious safety hazard within the meaning of this subsection
2 (c) exists with respect to such pupil. Custodians shall file
3 such forms with the appropriate regional superintendents not
4 later than February 1 of the school year for which
5 reimbursement will be sought for transmittal by the regional
6 superintendents to the Department of Transportation not later
7 than February 15; except that any custodian who previously
8 received a determination that a serious safety hazard exists
9 need not resubmit such a request for 4 years but instead may
10 certify on their application for reimbursement to the State
11 Board of Education referred to in subsection (d), that the
12 conditions found to be hazardous, as previously determined by
13 the Department, remain unchanged. The Department shall make
14 its determination on all requests so transmitted to it within
15 30 days, and shall thereupon forward notice of each
16 determination which it has made to the appropriate regional
17 superintendent for immediate transmittal to the custodian
18 affected thereby. The determination of the Department
19 relative to what constitutes a serious safety hazard within
20 the meaning of subsection (c) with respect to any pupil shall
21 be deemed an "administrative decision" as defined in Section
22 3-101 of the Administrative Review Law; and the
23 Administrative Review Law and all amendments and
24 modifications thereof and rules adopted pursuant thereto
25 shall apply to and govern all proceedings instituted for the
26 judicial review of final administrative decisions of the
27 Department of Transportation under this subsection.
28 (d) Request for reimbursement. A custodian, including a
29 custodian for a pupil asserted to be a qualified pupil as an
30 individual referred to in subsection (c), who applies in
31 accordance with procedures established by the State Board of
32 Education shall be reimbursed in accordance with the dollar
33 limits set out in this Section. Such procedures shall require
34 application no later than June 30 of each year, documentation
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1 as to eligibility, and adequate evidence of expenditures;
2 except that for reimbursement sought pursuant to subsection
3 (c) for the 1985-1986 school year, such procedures shall
4 require application within 21 days after the determination of
5 the Department of Transportation with respect to that school
6 year is transmitted by the regional superintendent to the
7 affected custodian. In the absence of contemporaneous
8 records, an affidavit by the custodian may be accepted as
9 evidence of an expenditure. If the amount appropriated for
10 such reimbursement for any year is less than the amount due
11 each custodian, it shall be apportioned on the basis of the
12 requests approved. Regional Superintendents shall be
13 reimbursed for such costs of administering the program,
14 including costs incurred in administering the provisions of
15 subsection (c), as the State Board of Education determines
16 are reasonable and necessary.
17 (e) Dollar limit on amount of reimbursement.
18 Reimbursement to custodians for transportation expenses
19 incurred during the 1985-1986 school year, payable in fiscal
20 year 1987, shall be equal to the lesser of (1) the actual
21 qualified transportation expenses, or (2) $50 per pupil.
22 Reimbursement to custodians for transportation expenses
23 incurred during the 1986-1987 school year, payable in fiscal
24 year 1988, shall be equal to the lesser of (1) the actual
25 qualified transportation expenses, or (2) $100 per pupil. For
26 reimbursements of qualified transportation expenses incurred
27 in 1987-1988 and thereafter, the amount of reimbursement
28 shall not exceed the prior year's State reimbursement per
29 pupil for transporting pupils as required by Section 29-3 and
30 other provisions of this Article.
31 (f) Rules and regulations. The State Board of Education
32 shall adopt rules to implement this Section.
33 (g) The provisions of this amendatory Act of 1986 shall
34 apply according to their terms to the entire 1985-1986 school
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1 year, including any portion of that school year which elapses
2 prior to the effective date of this amendatory Act, and to
3 each subsequent school year.
4 (h) The chief administrative officer of each school
5 shall notify custodians of qualifying pupils that
6 reimbursements are available. Notification shall occur by
7 the first Monday in November of the school year for which
8 reimbursement is available.
9 (Source: P.A. 85-1209; revised 10-31-98.)
10 (105 ILCS 5/32-1) (from Ch. 122, par. 32-1)
11 Sec. 32-1. May vote to organize under general law.
12 (a) Any special charter district may, by vote of its
13 electors, cease to control its school under the Act under
14 which it was organized, and become part of the school
15 township or townships in which it is situated. Upon petition
16 of 50 voters of the district, presented to the board having
17 the control and management of the schools, the board shall
18 order submitted to the voters at an election to be held in
19 the district, in accordance with the general election law,
20 the question of "organizing under the general school law".
21 The secretary of the board shall make certification to the
22 proper election authority in accordance with the general
23 election law. If, however, a majority of the votes cast at
24 any such election in any school district subject to Sections
25 32-3 through 32-4.11 is against organizing the district under
26 the general school law, the question may not again be
27 submitted in the district for 22 months thereafter, and then
28 only upon petition signed by at least 2% of the voters of the
29 school district. Notice shall be given in accordance with
30 the general election law, which notice shall be in the
31 following form:
32 NOTICE OF REFERENDUM
33 Notice is hereby given that on (insert date), the ....
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1 day of ...., 19.., a referendum will be held at.... for the
2 purpose of deciding the question of organizing under the
3 general school law. The polls will be opened at .... o'clock
4 ..m and closed at .... o'clock ..m.
5 Signed .....
6 If a majority of the votes cast on the proposition is in
7 favor of organizing under the general school law, then the
8 board having the control and management of schools in the
9 district, shall declare the proposition carried.
10 When such a proposition is declared to have so carried,
11 the board of education shall continue to exercise its powers
12 and duties under the general school law. Each member of the
13 board of education selected under the provisions of the
14 special charter shall continue in office until his term has
15 expired. Before the term of each of these members expires,
16 the board shall give notice of an election to be held on the
17 date of the next regular school election, in accordance with
18 the general election law to fill the vacancy which is
19 created. Nomination papers filed under this Section are not
20 valid unless the candidate named therein files with the
21 secretary of the board of education a receipt from the county
22 clerk showing that the candidate has filed a statement of
23 economic interests as required by the Illinois Governmental
24 Ethics Act. Such receipt shall be so filed either previously
25 during the calendar year in which his nomination papers were
26 filed or within the period for the filing of nomination
27 papers in accordance with the general election law.
28 (b) Notwithstanding the foregoing, any special charter
29 district whose board is appointed by the mayor or other
30 corporate authority of that municipality may, by resolution
31 adopted by the corporate authorities of that municipality
32 cease to control its school under the Act under which it was
33 organized, become a part of the school township or townships
34 in which it is situated and become organized under the
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1 general school law. If such a resolution is adopted, the
2 board of education shall continue to exercise its powers and
3 duties under the general school law. Each member of the
4 board of education selected under the provisions of the
5 special charter shall continue in office until his term has
6 expired. Before the term of each of these members expires,
7 the board shall give notice of an election to be held on the
8 date of the next regular school election, in accordance with
9 the general election law to fill the vacancy which is
10 created.
11 (Source: P.A. 81-1490; revised 10-20-98.)
12 (105 ILCS 5/32-1.4) (from Ch. 122, par. 32-1.4)
13 Sec. 32-1.4. Petition - referendum - election of board.
14 Upon petition of 50 voters of any district as defined in
15 Section 32-1.3 presented to the board having the control and
16 management of schools, the board shall, at the next regularly
17 scheduled election held in such district cause to be
18 submitted to the voters thereof, in accordance with the
19 general election law, the proposition of "electing a board of
20 education having the powers conferred upon such boards in
21 districts organized under The School Code". The board shall
22 publish notice of such election, in the manner provided by
23 the general election law, which notice may be in the
24 following form:
25 Public notice is hereby given that on (insert date), the
26 .... day of .... 19.., a referendum will be held at ....,
27 between the hours of ... ..m., and ... ..m., of said day for
28 the purpose of deciding the question of "electing a board of
29 education having the powers conferred upon such boards in
30 districts organized under the School Code".
31 If a majority of the votes cast is in favor of the
32 proposition, then at the time of the next regular election
33 for boards of education, there shall be elected a board of
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1 education for the district.
2 (Source: P.A. 81-1490; revised 10-20-98.)
3 (105 ILCS 5/32-5.2) (from Ch. 122, par. 32-5.2)
4 Sec. 32-5.2. Moneys paid into treasury - Delivery of
5 bonds - Records. All moneys borrowed by virtue of Section
6 32-5, shall be paid into the treasury of the school district.
7 Upon receiving the moneys, the treasurer shall deliver the
8 bonds issued therefor to the persons entitled to receive
9 them, and shall credit the amount received to the district.
10 The treasurer shall record the amount received for each bond
11 issued, and when any bond is paid the treasurer shall cancel
12 it and enter in the register opposite the record of the bond
13 the words "paid and cancelled" this .... day of ...., 19.."
14 filling the blanks with the date, month and year
15 corresponding with the date of the payment.
16 (Source: Laws 1961, p. 31; revised 10-20-98.)
17 (105 ILCS 5/32-7) (from Ch. 122, par. 32-7)
18 Sec. 32-7. Form of bond. The form of bond to be given by
19 any treasurer who has the custody of funds belonging to any
20 special charter district shall be substantially in the
21 following form:
22 We, (AB), principal, and (CD and EF), sureties, all of
23 the County of .... and State of Illinois, are obligated to
24 the People of the State of Illinois, for the use of the ....
25 (name of school district) in the penal sum of $...., for the
26 payment of which to be made, we obligate ourselves, and each
27 of us, our heirs, executors, administrators, successors, and
28 assigns.
29 Dated (insert date). 19
30 The condition of the above bond is that if the above
31 obligated (AB) shall perform all the duties which are, or may
32 be required by law to be performed by him as treasurer of the
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1 school district in the time and manner prescribed, or to be
2 prescribed by law, and when he shall be succeeded in office
3 and surrender and deliver over to his successor in office all
4 books, papers, moneys, and other things belonging to the
5 school district and pertaining to his office, then the above
6 bond to be void; otherwise, to remain in full force.
7 It is expressly understood and intended that the
8 obligation of the above named sureties shall not extend to
9 any loss sustained by the insolvency, failure, or closing of
10 any bank or savings and loan association organized and
11 operating either under the laws of the State of Illinois or
12 the United States wherein such treasurer has placed the funds
13 in his custody or control, or any part thereof, provided,
14 such depository has been approved by the (board of education,
15 board of school inspectors or other governing body of the
16 particular district) of the .... (name of district).
17 A B ....
18 C D ....
19 E F ....
20 (Source: P.A. 84-550; revised 10-20-98.)
21 (105 ILCS 5/34-21.1) (from Ch. 122, par. 34-21.1)
22 Sec. 34-21.1. Additional powers. In addition to other
23 powers and authority now possessed by it, the board shall
24 have power:
25 (1) To lease from any public building commission created
26 pursuant to the provisions of the Public Building Commission
27 Act, approved July 5, 1955, as heretofore or hereafter
28 amended or from any individuals, partnerships or
29 corporations, any real or personal property for the purpose
30 of securing space for its school purposes or office or other
31 space for its administrative functions for a period of time
32 not exceeding 40 years.
33 (2) To pay for the use of this leased property in
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1 accordance with the terms of the lease and with the
2 provisions of the Public Building Commission Act, approved
3 July 5, 1955, as heretofore or hereafter amended.
4 (3) Such lease may be entered into without making a
5 previous appropriation for the expense thereby incurred;
6 provided, however, that if the board undertakes to pay all or
7 any part of the costs of operating and maintaining the
8 property of a public building commission as authorized in
9 subparagraph (4) of this Section, such expenses of operation
10 and maintenance shall be included in the annual budget of
11 such board annually during the term of such undertaking.
12 (4) In addition, the board may undertake, either in the
13 lease with a public building commission or by separate
14 agreement or contract with a public building commission, to
15 pay all or any part of the costs of maintaining and operating
16 the property of a public building commission for any period
17 of time not exceeding 40 years.
18 (5) To enter into agreements, including lease and lease
19 purchase agreements having a term not longer than 40 years
20 from the date on which such agreements are entered into, with
21 private sector individuals, partnerships, or corporations for
22 the construction of school buildings, school administrative
23 offices, site development, and school support facilities.
24 The board shall maintain exclusive possession of all schools,
25 school administrative offices, and school facilities which it
26 is occupying or acquiring pursuant to any such lease or lease
27 purchase agreement, and in addition shall have and exercise
28 complete control over the education program conducted at such
29 schools, offices and facilities. The board's contribution
30 under any such agreement shall be limited to the use of the
31 real estate and existing improvements on a rental basis which
32 shall be exempt from any form of leasehold tax or assessment,
33 but the interests of the board may be subordinated to the
34 interests of a mortgage holder or holders acquired as
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1 security for additional improvements made on the property.
2 (6) To make payments on a lease or lease purchase
3 agreement entered into pursuant to subparagraph (5) of this
4 Section with an individual, partnership, or a corporation for
5 school buildings, school administrative offices, and school
6 support facilities constructed by such individual,
7 partnership, or corporation.
8 (7) To purchase the interests of an individual,
9 partnership, or corporation pursuant to any lease or lease
10 purchase agreement entered into by the board pursuant to
11 subparagraph (5) of this Section, and to assume or retire any
12 outstanding debt or obligation relating to such lease or
13 lease purchase agreement for any school building, school
14 administrative office, or school support facility.
15 (8) Subject to the provisions of subparagraph (9) of
16 this Section, to enter into agreements, including lease and
17 lease purchase agreements, having a term not longer than 40
18 years from the date on which such agreements are entered into
19 for the provision of school buildings and related property
20 and facilities for an agricultural science school. The
21 enrollment in such school shall be limited to 600 students.
22 Under such agreements the board shall have exclusive
23 possession of all such school buildings and related property
24 and facilities which it is occupying or acquiring pursuant to
25 any such agreements, and in addition shall have and exercise
26 complete control over the educational program conducted at
27 such school. Under such agreements the board also may lease
28 to another party to such agreement real estate and existing
29 improvements which are appropriate and available for use as
30 part of the necessary school buildings and related property
31 and facilities for an agricultural science school. Any
32 interest created by such a lease shall be exempt from any
33 form of leasehold tax or assessment, and the interests of the
34 board as owner or lessor of property covered by such a lease
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1 may be subordinated to the interests of a mortgage holder or
2 holders acquired as security for additional improvements made
3 on the property. In addition, but subject to the provisions
4 of subparagraph (9) of this Section, the board is authorized:
5 (i) to pay for the use of school buildings and related
6 property and facilities for an agricultural science school as
7 provided for in an agreement entered into pursuant to this
8 subparagraph (8) and to enter into any such agreement without
9 making a previous appropriation for the expense thereby
10 incurred; and (ii) to enter into agreements to purchase any
11 ownership interests in any school buildings and related
12 property and facilities subject to any agreement entered into
13 by the board pursuant to this subparagraph (8) and to assume
14 or retire any outstanding debt or obligation relating to such
15 school buildings and related property and facilities.
16 (9) Notwithstanding the provisions of subparagraph (8)
17 of this Section or any other law, the board shall not at any
18 time on or after the effective date of this amendatory Act of
19 1991 enter into any new lease or lease purchase agreement, or
20 amend or modify any existing lease, lease purchase or other
21 agreement entered into pursuant to subparagraph subpargraph
22 (8), covering all or any part of the property or facilities,
23 consisting of 78.85 acres more or less, heretofore purchased
24 or otherwise acquired by the board for an agricultural
25 science school; nor shall the board enter into any agreement
26 on or after the effective date of this amendatory Act of 1991
27 to sell, lease, transfer or otherwise convey all or any part
28 of the property so purchased or acquired, nor any of the
29 school buildings or related facilities thereon, but the same
30 shall be held, used, occupied and maintained by the board
31 solely for the purpose of conducting and operating an
32 agricultural science school. The board shall not, on or
33 after the effective date of this amendatory Act of 1991,
34 enter into any contracts or agreements for the construction,
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1 alteration or modification of any new or existing school
2 buildings or related facilities or structural improvements on
3 any part of the 78.85 acres purchased or otherwise acquired
4 by the board for agricultural science school purposes,
5 excepting only those contracts or agreements that are entered
6 into by the board for the construction, alteration or
7 modification of such school buildings, related facilities or
8 structural improvements that on the effective date of this
9 amendatory Act of 1991 are either located upon, under
10 construction upon or scheduled under existing plans and
11 specifications to be constructed upon a parcel of land,
12 consisting of 17.45 acres more or less and measuring
13 approximately 880 feet along its northerly and southerly
14 boundaries and 864 feet along its easterly and westerly
15 boundaries, located in the northeast part of the 78.85 acres.
16 Nothing in this subparagraph (9) shall be deemed or construed
17 to alter, modify, impair or otherwise affect the terms and
18 provisions of, nor the rights and obligations of the parties
19 under any agreement or contract made and entered into by the
20 board prior to the effective date of this amendatory Act (i)
21 for the acquisition, lease or lease purchase of, or for the
22 construction, alteration or modification of any school
23 buildings, related facilities or structural improvements upon
24 all or any part of the 78.85 acres purchased or acquired by
25 the board for agricultural science school purposes, or (ii)
26 for the lease by the board of an irregularly shaped parcel,
27 consisting of 23.19 acres more or less, of that 78.85 acres
28 for park board purposes.
29 (Source: P.A. 87-722; revised 2-24-98.)
30 (105 ILCS 5/34-84a.1) (from Ch. 122, par. 34-84a.1)
31 Sec. 34-84a.1. Principals shall report incidents of
32 intimidation. The principal of each attendance center shall
33 promptly notify and report to the local law enforcement
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1 authorities for inclusion in the Department of State Police's
2 Law Enforcement's Illinois Uniform Crime Reporting Program
3 each incident of intimidation of which he or she has
4 knowledge and each alleged incident of intimidation which is
5 reported to him or her, either orally or in writing, by any
6 pupil or by any teacher or other certificated or
7 non-certificated personnel employed at the attendance center.
8 "Intimidation" shall have the meaning ascribed to it by
9 Section 12-6 of the Criminal Code of 1961.
10 (Source: P.A. 84-1020; revised 10-31-98.)
11 Section 102. The Illinois School Student Records Act is
12 amended by changing Section 6 as follows:
13 (105 ILCS 10/6) (from Ch. 122, par. 50-6)
14 (Text of Section before amendment by P.A. 90-590)
15 Sec. 6. (a) No school student records or information
16 contained therein may be released, transferred, disclosed or
17 otherwise disseminated, except as follows:
18 (1) To a parent or student or person specifically
19 designated as a representative by a parent, as provided
20 in paragraph (a) of Section 5;
21 (2) To an employee or official of the school or
22 school district or State Board with current demonstrable
23 educational or administrative interest in the student, in
24 furtherance of such interest;
25 (3) To the official records custodian of another
26 school within Illinois or an official with similar
27 responsibilities of a school outside Illinois, in which
28 the student has enrolled, or intends to enroll, upon the
29 request of such official or student;
30 (4) To any person for the purpose of research,
31 statistical reporting or planning, provided that no
32 student or parent can be identified from the information
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1 released and the person to whom the information is
2 released signs an affidavit agreeing to comply with all
3 applicable statutes and rules pertaining to school
4 student records;
5 (5) Pursuant to a court order, provided that the
6 parent shall be given prompt written notice upon receipt
7 of such order of the terms of the order, the nature and
8 substance of the information proposed to be released in
9 compliance with such order and an opportunity to inspect
10 and copy the school student records and to challenge
11 their contents pursuant to Section 7;
12 (6) To any person as specifically required by State
13 or federal law;
14 (7) Subject to regulations of the State Board, in
15 connection with an emergency, to appropriate persons if
16 the knowledge of such information is necessary to protect
17 the health or safety of the student or other persons;
18 (8) To any person, with the prior specific dated
19 written consent of the parent designating the person to
20 whom the records may be released, provided that at the
21 time any such consent is requested or obtained, the
22 parent shall be advised in writing that he has the right
23 to inspect and copy such records in accordance with
24 Section 5, to challenge their contents in accordance with
25 Section 7 and to limit any such consent to designated
26 records or designated portions of the information
27 contained therein; or
28 (9) To a governmental agency, or social service
29 agency contracted by a governmental agency, in
30 furtherance of an investigation of a student's school
31 attendance pursuant to the compulsory student attendance
32 laws of this State, provided that the records are
33 released to the employee or agent designated by the
34 agency.
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1 (b) No information may be released pursuant to
2 subparagraphs (3) or (6) of paragraph (a) of this Section 6
3 unless the parent receives prior written notice of the nature
4 and substance of the information proposed to be released, and
5 an opportunity to inspect and copy such records in accordance
6 with Section 5 and to challenge their contents in accordance
7 with Section 7. Provided, however, that such notice shall be
8 sufficient if published in a local newspaper of general
9 circulation or other publication directed generally to the
10 parents involved where the proposed release of information is
11 pursuant to subparagraph 6 of paragraph (a) in this Section 6
12 and relates to more than 25 students.
13 (c) A record of any release of information pursuant to
14 this Section must be made and kept as a part of the school
15 student record and subject to the access granted by Section
16 5. Such record of release shall be maintained for the life of
17 the school student records and shall be available only to the
18 parent and the official records custodian. Each record of
19 release shall also include:
20 (1) The nature and substance of the information
21 released;
22 (2) The name and signature of the official records
23 custodian releasing such information;
24 (3) The name of the person requesting such
25 information, the capacity in which such a request has
26 been made, and the purpose of such request;
27 (4) The date of the release; and
28 (5) A copy of any consent to such release.
29 (d) Except for the student and his parents, no person to
30 whom information is released pursuant to this Section and no
31 person specifically designated as a representative by a
32 parent may permit any other person to have access to such
33 information without a prior consent of the parent obtained in
34 accordance with the requirements of subparagraph (8) of
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1 paragraph (a) of this Section.
2 (e) Nothing contained in this Act shall prohibit the
3 publication of student directories which list student names,
4 addresses and other identifying information and similar
5 publications which comply with regulations issued by the
6 State Board.
7 (Source: P.A. 90-566, eff. 1-2-98.)
8 (Text of Section after amendment by P.A. 90-590)
9 Sec. 6. (a) No school student records or information
10 contained therein may be released, transferred, disclosed or
11 otherwise disseminated, except as follows:
12 (1) To a parent or student or person specifically
13 designated as a representative by a parent, as provided
14 in paragraph (a) of Section 5;
15 (2) To an employee or official of the school or
16 school district or State Board with current demonstrable
17 educational or administrative interest in the student, in
18 furtherance of such interest;
19 (3) To the official records custodian of another
20 school within Illinois or an official with similar
21 responsibilities of a school outside Illinois, in which
22 the student has enrolled, or intends to enroll, upon the
23 request of such official or student;
24 (4) To any person for the purpose of research,
25 statistical reporting or planning, provided that no
26 student or parent can be identified from the information
27 released and the person to whom the information is
28 released signs an affidavit agreeing to comply with all
29 applicable statutes and rules pertaining to school
30 student records;
31 (5) Pursuant to a court order, provided that the
32 parent shall be given prompt written notice upon receipt
33 of such order of the terms of the order, the nature and
34 substance of the information proposed to be released in
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1 compliance with such order and an opportunity to inspect
2 and copy the school student records and to challenge
3 their contents pursuant to Section 7;
4 (6) To any person as specifically required by State
5 or federal law;
6 (6.5) To juvenile authorities when necessary for
7 the discharge of their official duties who request
8 information prior to adjudication of the student and who
9 certify in writing that the information will not be
10 disclosed to any other party except as provided under law
11 or order of court. For purposes of this Section
12 "juvenile authorities" means: (i) a judge of the circuit
13 court and members of the staff of the court designated by
14 the judge; (ii) parties to the proceedings under the
15 Juvenile Court Act of 1987 and their attorneys; (iii)
16 probation officers and court appointed advocates for the
17 juvenile authorized by the judge hearing the case; (iv)
18 any individual, public or private agency having custody
19 of the child pursuant to court order; (v) any individual,
20 public or private agency providing education, medical or
21 mental health service to the child when the requested
22 information is needed to determine the appropriate
23 service or treatment for the minor; (vi) any potential
24 placement provider when such release is authorized by the
25 court for the limited purpose of determining the
26 appropriateness of the potential placement; (vii) law
27 enforcement officers and prosecutors; (viii) adult and
28 juvenile prisoner review boards; (ix) authorized military
29 personnel; (x) individuals authorized by court;
30 (7) Subject to regulations of the State Board, in
31 connection with an emergency, to appropriate persons if
32 the knowledge of such information is necessary to protect
33 the health or safety of the student or other persons;
34 (8) To any person, with the prior specific dated
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1 written consent of the parent designating the person to
2 whom the records may be released, provided that at the
3 time any such consent is requested or obtained, the
4 parent shall be advised in writing that he has the right
5 to inspect and copy such records in accordance with
6 Section 5, to challenge their contents in accordance with
7 Section 7 and to limit any such consent to designated
8 records or designated portions of the information
9 contained therein; or
10 (9) To a governmental agency, or social service
11 agency contracted by a governmental agency, in
12 furtherance of an investigation of a student's school
13 attendance pursuant to the compulsory student attendance
14 laws of this State, provided that the records are
15 released to the employee or agent designated by the
16 agency.
17 (b) No information may be released pursuant to
18 subparagraphs (3) or (6) of paragraph (a) of this Section 6
19 unless the parent receives prior written notice of the nature
20 and substance of the information proposed to be released, and
21 an opportunity to inspect and copy such records in accordance
22 with Section 5 and to challenge their contents in accordance
23 with Section 7. Provided, however, that such notice shall be
24 sufficient if published in a local newspaper of general
25 circulation or other publication directed generally to the
26 parents involved where the proposed release of information is
27 pursuant to subparagraph 6 of paragraph (a) in this Section 6
28 and relates to more than 25 students.
29 (c) A record of any release of information pursuant to
30 this Section must be made and kept as a part of the school
31 student record and subject to the access granted by Section
32 5. Such record of release shall be maintained for the life of
33 the school student records and shall be available only to the
34 parent and the official records custodian. Each record of
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1 release shall also include:
2 (1) The nature and substance of the information
3 released;
4 (2) The name and signature of the official records
5 custodian releasing such information;
6 (3) The name of the person requesting such
7 information, the capacity in which such a request has
8 been made, and the purpose of such request;
9 (4) The date of the release; and
10 (5) A copy of any consent to such release.
11 (d) Except for the student and his parents, no person to
12 whom information is released pursuant to this Section and no
13 person specifically designated as a representative by a
14 parent may permit any other person to have access to such
15 information without a prior consent of the parent obtained in
16 accordance with the requirements of subparagraph (8) of
17 paragraph (a) of this Section.
18 (e) Nothing contained in this Act shall prohibit the
19 publication of student directories which list student names,
20 addresses and other identifying information and similar
21 publications which comply with regulations issued by the
22 State Board.
23 (Source: P.A. 90-566, eff. 1-2-98; 90-590, eff. 1-1-00;
24 revised 9-16-98.)
25 Section 103. The Asbestos Abatement Act is amended by
26 changing Section 6 as follows:
27 (105 ILCS 105/6) (from Ch. 122, par. 1406)
28 Sec. 6. Powers and Duties of the Department.
29 (a) The Department is empowered to promulgate any rules
30 necessary to ensure proper implementation and administration
31 of this Act and of the federal Asbestos Hazard Emergency
32 Response Act of 1986, and the regulations promulgated
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1 thereunder.
2 (b) Rules promulgated by the Department shall include,
3 but not be limited to:
4 (1) all rules necessary to achieve compliance with
5 the federal Asbestos Hazard Emergency Response Act of
6 1986 and the regulations promulgated thereunder;.
7 (2) rules providing for the training and licensing
8 of persons and firms to perform asbestos inspection and
9 air sampling; to perform abatement work; and to serve as
10 asbestos abatement contractors, management, planners,
11 project designers, project supervisors, project managers
12 and asbestos workers for public and private secondary and
13 elementary schools; and any necessary rules relating to
14 the correct and safe performance of those tasks; and.
15 (3) rules for the development and submission of
16 asbestos management plans by local educational agencies,
17 and for review and approval of such plans by the
18 Department.
19 (c) In carrying out its responsibilities under this Act,
20 the Department shall:
21 (1) publish a list of persons and firms licensed
22 pursuant to this Act, except that the Department shall
23 not be required to publish a list of licensed asbestos
24 workers;
25 (2) require each local educational agency to
26 maintain records of asbestos-related activities, which
27 shall be made available to the Department upon request;
28 and
29 (3) require local educational agencies to submit to
30 the Department for review and approval all
31 asbestos-related response action contracts for which the
32 local educational agency seeks indemnification under the
33 Response Action Contractor Contractors Indemnification
34 Act, and with respect to such response action contracts,
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1 to collect from the local educational agency and deposit
2 in the Response Contractors Indemnification Fund 5% of
3 the amount of each response action contract, as required
4 under the Response Action Contractor Indemnification Act.
5 (d) Adopt rules for the collection of fees for training
6 course approval; and for licensing of inspectors, management
7 planners, project designers, contractors, supervisors, air
8 sampling professionals, project managers and workers.
9 (Source: P.A. 86-416; revised 10-31-98.)
10 Section 104. The Private Business and Vocational Schools
11 Act is amended by changing Section 7 as follows:
12 (105 ILCS 425/7) (from Ch. 144, par. 142)
13 Sec. 7. Application commitments. Each application for a
14 certificate of approval shall also contain the following
15 commitments:
16 1. To conduct the school in accordance with this Act and
17 the standards, rules and regulations from time to time
18 established and promulgated hereunder;
19 2. To conduct the school in accordance with the
20 standards of the school's regional or national accrediting
21 agency, if any;
22 2.5. To meet standards and requirements at least as
23 stringent as those required by Part H of the Federal Higher
24 Education Act of 1965;.
25 3. To maintain student transcript records for at least
26 50 years after the student has departed from the school;
27 4. To conduct instruction in each course of instruction
28 on its certificate of approval at least once during the
29 approval year for which the certificate is issued;
30 5. To permit the Superintendent or his or her designees
31 to inspect the school or classes thereof from time to time
32 with or without notice; and to make available to the
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1 Superintendent or his or her designees, at any time when
2 required to do so, information including financial
3 information pertaining to the activities of the school
4 required for the administration of this Act and the
5 standards, rules and regulations established and promulgated
6 hereunder;
7 6. To utilize only advertising and solicitation which is
8 free from misrepresentation, deception or fraud, or other
9 misleading or unfair trade practices;
10 7. To not promise or agree to any right or privilege in
11 respect to professional examinations or to the practice of
12 any profession in violation of the laws of this State;
13 8. To screen applicants for each course of instruction
14 prior to enrollment and maintain such records for 7 years.
15 If the course being offered is in a language other than
16 English, the screening must include that language; and.
17 9. To post in a conspicuous place a statement, as
18 developed by the Superintendent, of students' rights provided
19 under this Act.
20 (Source: P.A. 88-483; revised 10-31-98.)
21 Section 108. The Public University Energy Conservation
22 Act is amended by renumbering Section 5.5 as follows:
23 (110 ILCS 62/5-5)
24 Sec. 5-5. 5.5. Public university. "Public university"
25 means any of the the following institutions of higher
26 learning: the University of Illinois, Southern Illinois
27 University, Northern Illinois University, Eastern Illinois
28 University, Western Illinois University, Northeastern
29 Illinois University, Chicago State University, Governors
30 State University, or Illinois State University, acting in
31 each case through its board of trustees or through a designee
32 of that board.
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1 (Source: P.A. 90-486, eff. 8-17-97; revised 10-28-98.)
2 Section 16. The Board of Higher Education Act is amended
3 by setting forth and renumbering multiple versions of Section
4 9.27 as follows:
5 (110 ILCS 205/9.27)
6 Sec. 9.27. Technology Grants. To establish and
7 administer a program or programs of grants for the purpose of
8 improving and making available state-of-the-art technologies
9 for Illinois institutions of higher education. Such grants
10 may be awarded to public institutions of higher learning or
11 nonpublic institutions of higher learning or to both public
12 and nonpublic institutions of higher learning. Such grants
13 may be made for technology purposes that include, but are not
14 limited to, the purchase of equipment or services or both to
15 improve computing and computer networking and to enhance
16 connectivity to external networks.
17 The Board shall adopt such rules and regulations as may
18 be necessary to accomplish the purposes of this Section.
19 (Source: P.A. 90-730, eff. 8-10-98.)
20 (110 ILCS 205/9.28)
21 Sec. 9.28. 9.27. Graduation incentive grant program.
22 (a) The graduation incentive grant program is hereby
23 created. The program shall be implemented and administered
24 by the Board of Higher Education to provide grant incentives
25 to public universities that offer their undergraduate
26 students contracts under which the university commits itself
27 to provide the courses, programs, and support services
28 necessary to enable the contracting students to graduate
29 within 4 years. Grants shall be awarded from appropriations
30 made to the Board of Higher Education for purposes of this
31 Section.
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1 (b) To be eligible for grant consideration, a public
2 university shall annually file a report with the Board of
3 Higher Education detailing its 4-year graduation contract
4 program. The report shall include, at a minimum, the
5 following information: the number of undergraduate students
6 participating in the program, the requirements of the 4-year
7 graduation contracts offered by the university, the types of
8 additional support services provided by the university to the
9 contracting students, and the cost of the program.
10 (c) In awarding grants to public universities under this
11 Section, the Board of Higher Education may consider each
12 applicant's report data, the number of institutions wishing
13 to participate, and such other criteria as the Board of
14 Higher Education determines to be appropriate.
15 (d) The Board of Higher Education shall annually submit
16 to the Governor and the General Assembly a budgetary
17 recommendation for grants under this Section and shall notify
18 applicants for grant assistance that the award of grants
19 under this Section is contingent upon the availability of
20 appropriated funds.
21 (e) The Board of Higher Education may adopt such rules
22 as it deems necessary for administration of the grant program
23 created by this Section.
24 (Source: P.A. 90-750, eff. 8-14-98; revised 9-21-98.)
25 Section 107. The Public Community College Act is amended
26 by changing Sections 3-7.10, 3-19, and 3-2.5 as follows:
27 (110 ILCS 805/3-7.10) (from Ch. 122, par. 103-7.10)
28 Sec. 3-7.10. Nominations for members of the board shall
29 be made by a petition signed by at least 50 voters or 10% of
30 the voters, whichever is less, residing within the district
31 and shall be filed with the secretary of the board. In
32 addition to the requirements of the general election law, the
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1 form of such petitions shall be substantially as follows:
2 NOMINATING PETITIONS
3 To the Secretary of the Board of Trustees of Community
4 College District No. ....:
5 We the undersigned, being (.... or more) (or 10% or
6 more) of the voters residing within said district, hereby
7 petition that .... who resides at .... in the (city or
8 village) of .... in Township .... (or who resides outside any
9 city, village or incorporated town and in Township ....) in
10 said district shall be a candidate for the office of .... of
11 the Board of Trustees (full term) (vacancy) to be voted for
12 at the election to be held on (insert date). the.... day
13 of...., 19...
14 Name: Address:
15 Nomination papers filed under this Section are not valid
16 unless the candidate named therein files with the secretary
17 of the board a receipt from the county clerk showing that the
18 candidate has filed a statement of economic interests as
19 required by the Illinois Governmental Ethics Act. Such
20 receipt shall be so filed either previously during the
21 calendar year in which his nomination papers were filed or
22 within the period for the filing of nomination papers in
23 accordance with the general election law.
24 The secretary of the board shall notify each candidate,
25 or the appropriate committee, for whom a petition for
26 nomination has been filed of their obligations under the
27 Campaign Financing Act, as required by the general election
28 law. Such notice shall be given on a form prescribed by the
29 State Board of Elections and in accordance with the
30 requirements of the general election law.
31 All petitions for the nomination of members of a board of
32 trustees shall be filed with the secretary of the board
33 within the time provided for by the general election law.
34 Said secretary shall make certification to the proper
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1 election authority in accordance with the requirements of the
2 general election law. If the secretary is an incumbent board
3 member seeking reelection, a disinterested person must be a
4 witness to the filing of his petition. It is the duty of the
5 secretary to provide candidates with petition forms and
6 statements of candidacy.
7 The secretary shall within 7 days of filing or on the
8 last day for filing, whichever is earlier, acknowledge to the
9 petitioner in writing his acceptance of the petition.
10 In all newly organized districts the petition for the
11 nomination of candidates for members of the board at the
12 first election shall be addressed to and filed with the
13 regional superintendent in the manner specified for the
14 petitions for candidates of a community college board. For
15 such election the regional superintendent shall fulfill all
16 duties otherwise assigned to the secretary of the board.
17 (Source: P.A. 81-1490; revised 10-20-98.)
18 (110 ILCS 805/3-19) (from Ch. 122, par. 103-19)
19 Sec. 3-19. Before entering upon his duties, each
20 treasurer shall execute a bond with 2 or more persons having
21 an interest in real estate who are not members of the board
22 of the district, or with a surety company authorized to do
23 business in this State, as sureties, payable to the board of
24 the community college district for which he is treasurer and
25 conditioned upon the faithful discharge of his duties. The
26 penalty of the bond shall be at least twice the amount of all
27 bonds, notes, mortgages, moneys and effects of which he is to
28 have the custody, if individuals act as sureties, or in the
29 amount only of such bonds, notes, mortgages, moneys and
30 effects if the surety given is by a surety company authorized
31 to do business in this State, and shall be increased or
32 decreased from time to time, as the increase or decrease of
33 the amount of notes, bonds, mortgages, moneys and effects may
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1 require, and whenever in the judgment of the State board the
2 penalty of the bond should be increased or decreased. The
3 bond must be approved by at least a majority of the board of
4 the community college district and filed with the State
5 Board. A copy of the bond must also be filed with the county
6 clerk of each county in which any part of the community
7 college district is situated. The bond shall be in
8 substantially the following form:
9 STATE OF ILLINOIS)
10 ) SS.
11 .......... COUNTY)
12 We, .... and .... are obligated, jointly and severally,
13 to the Board of Community College District No. ...., County
14 (or Counties) of .... and State of Illinois in the penal sum
15 of $...., for the payment of which we obligate ourselves, our
16 heirs, executors and administrators.
17 Dated (insert date). ............ 19..
18 The condition of this obligation is such that if ....,
19 treasurer in the district above stated, faithfully discharges
20 the duties of his or her office, according to law, and
21 delivers to his or her successor in office, after that
22 successor has qualified by giving bond as provided by law,
23 all moneys, books, papers, securities and property, which
24 shall come into his or her possession or control, as such
25 treasurer, from the date of his or her bond to the time that
26 his or her successor has qualified as treasurer, by giving
27 such bond as is required by law, then this obligation to be
28 void; otherwise to remain in full force and effect.
29 Signed:.....................
30 ............................
31 ............................
32 ............................
33 Approved and accepted by Board of Community College
34 District No. .... County (or Counties) of .... and State of
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1 Illinois. By .... Chairman .... Secretary
2 No part of any State or other district funds may be paid
3 to any treasurer or other persons authorized to receive it
4 unless the treasurer has filed his or her bond as required
5 herein.
6 (Source: P.A. 84-1308; revised 10-20-98.)
7 (110 ILCS 805/3-20.5) (from Ch. 122, par. 103-20.5)
8 Sec. 3-20.5. (a) The board of each community college
9 district shall ascertain, as near as practicable, annually,
10 how much money must be raised by special tax for educational
11 purposes and for operations and maintenance of facilities
12 purposes for the next ensuing year. Such amounts shall be
13 certified and returned to the county clerk on or before the
14 last Tuesday in December, annually. The certificate shall be
15 signed by the chairman and secretary, and may be in the
16 following form:
17 CERTIFICATE OF TAX LEVY
18 We hereby certify that we require the sum of ....
19 dollars to be levied as a special tax for educational
20 purposes, and the sum of .... dollars to be levied as a
21 special tax for operations and maintenance of facilities
22 purposes, on the equalized assessed value of the taxable
23 property of our district, for the year (insert year). 19...
24 Signed on (insert date). this .... day of ...., 19...
25 A .... B ...., Chairman
26 C .... D ...., Secretary
27 Community College Dist. No. ...., .... County (or
28 Counties)
29 An amended certificate may be filed by the community
30 college board within 10 days of receipt of official
31 notification from the county clerk of the multiplier that
32 will be applied to assessed value of the taxable property of
33 the district, provided such multiplier will alter the amount
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1 of revenue received by the district from either local or
2 State sources.
3 A failure by the board to file the certificate with the
4 county clerk in the time required shall not vitiate the
5 assessment.
6 (Source: P.A. 85-1335; revised 10-20-98.)
7 Section 108. The Higher Education Student Assistance Act
8 is amended by changing Sections 35, 65.05, and 65.30 as
9 follows:
10 (110 ILCS 947/35)
11 Sec. 35. Monetary award program.
12 (a) The Commission shall, each year, receive and
13 consider applications for grant assistance under this
14 Section. Subject to a separate appropriation for such
15 purposes, an applicant is eligible for a grant under this
16 Section when the Commission finds that the applicant:
17 (1) is a resident of this State and a citizen or
18 permanent resident of the United States; and
19 (2) in the absence of grant assistance, will be
20 deterred by financial considerations from completing an
21 educational program at the qualified institution of his
22 or her choice.
23 (b) The Commission shall award renewals only upon the
24 student's application and upon the Commission's finding that
25 the applicant:
26 (1) has remained a student in good standing;
27 (2) remains a resident of this State; and
28 (3) is in a financial situation that continues to
29 warrant assistance.
30 (c) All grants shall be applicable only to tuition and
31 necessary fee costs for 2 semesters or 3 quarters in an
32 academic year. Requests for summer term assistance will be
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1 made separately and shall be considered on an individual
2 basis according to Commission policy. Subject to a separate
3 appropriation for this purpose beginning with fiscal year
4 2000, each student who is awarded a grant under this Section
5 and is enrolled in summer school classes shall be eligible
6 for a summer school grant. The summer school grant amount
7 shall not exceed the lesser of 50 percent of the maximum
8 annual grant amount authorized by this Section or the actual
9 cost of tuition and fees at the institution at which the
10 student is enrolled at least half-time. For the regular
11 academic year, the Commission shall determine the grant
12 amount for each full-time and part-time student, which shall
13 be the smallest of the following amounts:
14 (1) $4,320 for 2 semesters or 3 quarters of
15 full-time undergraduate enrollment or $2,160 for 2
16 semesters or 3 quarters of part-time undergraduate
17 enrollment, or such lesser amount as the Commission finds
18 to be available; or
19 (2) the amount which equals the 2 semesters or 3
20 quarters tuition and other necessary fees required
21 generally by the institution of all full-time
22 undergraduate students, or in the case of part-time
23 students an amount of tuition and fees for 2 semesters or
24 3 quarters which shall not exceed one-half the amount of
25 tuition and necessary fees generally charged to full-time
26 undergraduate students by the institution; or
27 (3) such amount as the Commission finds to be
28 appropriate in view of the applicant's financial
29 resources.
30 "Tuition and other necessary fees" as used in this Section
31 include the customary charge for instruction and use of
32 facilities in general, and the additional fixed fees charged
33 for specified purposes, which are required generally of
34 nongrant recipients for each academic period for which the
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1 grant applicant actually enrolls, but do not include fees
2 payable only once or breakage fees and other contingent
3 deposits which are refundable in whole or in part. The
4 Commission may prescribe, by rule not inconsistent with this
5 Section, detailed provisions concerning the computation of
6 tuition and other necessary fees.
7 (d) No applicant, including those presently receiving
8 scholarship assistance under this Act, is eligible for
9 monetary award program consideration under this Act after
10 receiving a baccalaureate degree or the equivalent of 10
11 semesters or 15 quarters of award payments. The Commission
12 shall determine when award payments for part-time enrollment
13 or interim or summer terms shall be counted as a partial
14 semester or quarter of payment.
15 (e) The Commission, in determining the number of grants
16 to be offered, shall take into consideration past experience
17 with the rate of grant funds unclaimed by recipients. The
18 Commission shall notify applicants that grant assistance is
19 contingent upon the availability of appropriated funds.
20 (f) The Commission may request appropriations for
21 deposit into the Monetary Award Program Reserve Fund. Monies
22 deposited into the Monetary Award Program Reserve Fund may be
23 expended exclusively for one purpose: to make Monetary Award
24 Program grants to eligible students. Amounts on deposit in
25 the Monetary Award Program Reserve Fund may not exceed 2% of
26 the current annual State appropriation for the Monetary Award
27 Program.
28 The purpose of the Monetary Award Program Reserve Fund is
29 to enable the Commission each year to assure as many students
30 as possible of their eligibility for a Monetary Award Program
31 grant and to do so before commencement of the academic year.
32 Moneys deposited in this Reserve Fund are intended to enhance
33 the Commission's management of the Monetary Award Program,
34 minimizing the necessity, magnitude, and frequency of
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1 adjusting award amounts and ensuring that the annual Monetary
2 Award Program appropriation can be fully utilized.
3 (g) The Commission shall determine the eligibility of
4 and make grants to applicants enrolled at qualified
5 for-profit institutions in accordance with the criteria set
6 forth in this Section. The eligibility of applicants
7 enrolled at such for-profit institutions shall be limited as
8 follows:
9 (1) Beginning with the academic year 1997, only to
10 eligible first-time freshmen and first-time transfer
11 students who have attained an associate degree.
12 (2) Beginning with the academic year 1998, only to
13 eligible freshmen students, transfer students who have
14 attained an associate degree, and students who receive a
15 grant under paragraph (1) for the academic year 1997 and
16 whose grants are being renewed for the academic year
17 1998.
18 (3) Beginning with the academic year 1999, to all
19 eligible students.
20 (Source: P.A. 89-163, eff. 7-19-95; 89-330, eff. 8-17-95;
21 89-512, eff. 7-11-96; 89-626, eff. 8-9-96; 90-122, eff.
22 7-17-97; 90-647, eff. 7-24-98; 90-769, eff. 8-14-98; revised
23 9-16-98.)
24 (110 ILCS 947/65.05)
25 Sec. 65.05. Traineeship and fellowship program; training
26 of professional personnel.
27 (a) The Commission, with the advice of the Advisory
28 Council on Education of Children with Disabilities created
29 under Section 14-3.01 of the School Code, may make
30 traineeship or fellowship grants to persons of good character
31 who are interested in working in programs for the education
32 of children with disabilities, for either part-time or
33 full-time study in programs designed to qualify them under
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1 Section 14-1.10 of the School Code. Persons to qualify for a
2 traineeship must have earned at least 60 semester hours of
3 college credit, and persons to qualify for a fellowship must
4 be graduates of a recognized college or university. Such
5 traineeships and fellowships may be in amounts of not more
6 than $1,500 per academic year for traineeships and not more
7 than $3,000 per academic year for fellowships, except an
8 additional sum up to $2,500 annually for each grantee may be
9 allowed to any approved institution of higher learning in
10 Illinois for the actual cost to the institution, as certified
11 by the institution. Part-time students and summer session
12 students may be awarded grants on a pro rata basis. The
13 Commission shall make traineeship or fellowship grants
14 available to bilingual individuals who are interested in
15 working in programs for the education of children from
16 non-English speaking backgrounds, for either part-time or
17 full-time study programs to qualify them under Section
18 14-1.10 of the School Code.
19 (b) All grants shall be made under rules and regulations
20 prescribed by the Commission and issued pursuant to this Act;
21 provided that no rule or regulation promulgated by the State
22 Board of Education prior to July 1, 1994 pursuant to the
23 exercise of any right, power, duty, responsibility or matter
24 of pending business transferred from the State Board of
25 Education to the Commission under this Section shall be
26 affected thereby, and all such rules and regulations shall
27 become the rules and regulations of the Commission until
28 modified or changed by the Commission in accordance with law.
29 (c) The Commission, with the advice of and in
30 consultation with the State Board of Education, may contract
31 with any approved institution of higher learning in Illinois
32 to offer courses required for the professional training of
33 special education personnel at such times and locations as
34 may best serve the needs of children with disabilities in
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1 Illinois and may reimburse the institution of higher learning
2 for any financial loss incurred due to low enrollments,
3 distance from campus, or other good and substantial reason
4 satisfactory to the Advisory Council on Education of Children
5 with Disabilities.
6 (d) The Commission shall administer the traineeship and
7 fellowship account and related record of each person who is
8 attending an institution of higher learning under a
9 traineeship or fellowship awarded pursuant to this Section
10 and at each proper time shall certify to the State
11 Comptroller the current payment to be made to the holder of
12 each fellowship, in accordance with an appropriate
13 certificate of the holder of such fellowship endorsed by the
14 institution of higher learning attended by the holder.
15 (e) Following the completion of such program of study
16 the recipient of such traineeship or fellowship is expected
17 to accept employment within one year in an approved program
18 of special education for children with disabilities in
19 Illinois on the basis of 1/2 year of service for each
20 academic year of training received through a grant under this
21 Section. Persons who fail to comply with this provision may,
22 at the discretion of the Commission with the advice of the
23 Advisory Council on Education of Children with Disabilities,
24 be required to refund all or part of the traineeship or
25 fellowship moneys received.
26 (f) This Section is substantially the same as Section
27 14-10.01 14A-10.01 of the School Code, which Section is
28 repealed by this amendatory Act of 1993, and shall be
29 construed as a continuation of the traineeship and fellowship
30 program established by that prior law, and not as a new or
31 different traineeship or fellowship program. The State Board
32 of Education shall transfer to the Commission, as the
33 successor to the State Board of Education for all purposes of
34 administering and implementing the provisions of this
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1 Section, all books, accounts, records, papers, documents,
2 contracts, agreements, and pending business in any way
3 relating to the traineeship and fellowship program continued
4 under this Section; and all traineeship and fellowship grants
5 at any time made under that program by, and all applications
6 for any such traineeship or fellowship grants at any time
7 made to, the State Board of Education shall be unaffected by
8 the transfer to the Commission of all responsibility for the
9 administration and implementation of the traineeship and
10 fellowship program continued under this Section. The State
11 Board of Education shall furnish to the Commission such other
12 information as the Commission may request to assist it in
13 administering this Section.
14 (Source: P.A. 88-228; 89-397, eff. 8-20-95; revised 2-24-98.)
15 (110 ILCS 947/65.30)
16 Sec. 65.30. Equal opportunity scholarships.
17 (a) The Commission may annually award a number of
18 scholarships to students who are interested in pursuing
19 studies in educational administration. Such scholarships
20 shall be issued to students who make application to the
21 Commission and who agree to take courses at qualified
22 institutions of higher learning that will allow them to
23 complete a degree in educational administration.
24 (b) Scholarships awarded under this Section shall be
25 issued pursuant to regulations promulgated by the Commission;
26 provided that no rule or regulation promulgated by the State
27 Board of Education prior to the effective date of this
28 amendatory Act of 1993 pursuant to the exercise of any right,
29 power, duty, responsibility or matter of pending business
30 transferred from the State Board of Education to the
31 Commission under this Section shall be affected thereby, and
32 all such rules and regulations shall become the rules and
33 regulations of the Commission until modified or changed by
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1 the Commission in accordance with law.
2 (c) Such scholarships shall be utilized for the payment
3 of tuition and non-revenue bond fees at any qualified
4 institution of higher learning. Such tuition and fees shall
5 only be available for courses that will enable the student to
6 complete training in educational administration. The
7 Commission shall determine which courses are eligible for
8 tuition payments under this Section.
9 (d) The Commission may make tuition payments directly to
10 the qualified institution of higher learning which the
11 student attends for the courses prescribed or may make
12 payments to the student. Any student who receives payments
13 and who fails to enroll in the courses prescribed shall
14 refund the payments to the Commission.
15 (e) The Commission, with the cooperation of the State
16 Board of Education, shall assist students who have
17 participated in the scholarship program established by this
18 Section in finding employment in positions relating to
19 educational administration.
20 (f) Appropriations for the scholarships outlined in this
21 Section shall be made to the Commission from funds
22 appropriated by the General Assembly.
23 (g) This Section is substantially the same as Section
24 30-4d of the School Code, which Section is repealed by this
25 amendatory Act of 1993, and shall be construed as a
26 continuation of the equal opportunity scholarship program
27 established under that prior law, and not as a new or
28 different equal opportunity scholarship program. The State
29 Board of Education shall transfer to the Commission, as the
30 successor to the State Board of Education for all purposes of
31 administering and implementing the provisions of this
32 Section, all books, accounts, records, papers, documents,
33 contracts, agreements, and pending business in any way
34 relating to the equal opportunity scholarship program
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1 continued under this Section; and all scholarships at any
2 time awarded under that program by, and all applications for
3 any such scholarship at any time made to, the State Board of
4 Education shall be unaffected by the transfer to the
5 Commission of all responsibility for the administration and
6 implementation of the equal opportunity scholarship program
7 continued under this Section. The State Board of Education
8 shall furnish to the Commission such other information as the
9 Commission may request to assist it in administering this
10 Section.
11 (h) For purposes of this Section:
12 (1) "Qualified institution of higher learning"
13 means the University of Illinois; Southern Illinois
14 University; Chicago State University; Eastern Illinois
15 University; Governors State University; Illinois State
16 University; Northeastern Illinois University; Northern
17 Illinois University; Western Illinois University; the
18 public community colleges of the State; any other public
19 universities, colleges and community colleges now or
20 hereafter established or authorized by the General
21 Assembly; and any Illinois privately operated, not for
22 profit institution located in this State which provides
23 at least an organized 2-year program of collegiate grade
24 in liberal arts or sciences, or both, directly applicable
25 toward the attainment of a baccalaureate or graduate
26 degree.
27 (2) "Racial minority" means a:
28 (i) Black (a person having origins in any of
29 the black racial groups in Africa);
30 (ii) Hispanic (a person of Spanish or
31 Portuguese culture with origins in Mexico, South or
32 Central America, or the Caribbean Islands,
33 regardless of race 1ace);
34 (iii) Asian American (a person having origins
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1 in any of the original peoples of the Far East,
2 Southeast Asia, the Indian Subcontinent or the
3 Pacific Islands); or
4 (iv) American Indian or Alaskan Native (a
5 person having origins in any of the original peoples
6 of North America).
7 (3) "Student" means a woman or racial minority.
8 (Source: P.A. 88-228; 89-4, eff. 1-1-96; revised 10-31-98.)
9 Section 109. The Illinois Banking Act is amended by
10 changing Sections 30 and 60 as follows:
11 (205 ILCS 5/30) (from Ch. 17, par. 337)
12 Sec. 30. Conversion; merger with trust company. Upon
13 approval by the Commissioner a trust company having power so
14 to do under the law under which it is organized may convert
15 into a state bank or may merge into a state bank as
16 prescribed by this Act; except that the action by a trust
17 company shall be taken in the manner prescribed by and shall
18 be subject to limitations and requirements imposed by the law
19 under which it is organized which law shall also govern the
20 rights of its dissenting stockholders. The rights of
21 dissenting stockholders of a state bank shall be governed by
22 Section 29 of this Act. The conversion or merger procedure
23 shall be:
24 (1) In the case of a merger, the board of directors of
25 both the merging trust company and the merging bank by a
26 majority of the entire board in each case shall approve a
27 merger agreement which shall contain:
28 (a) The name and location of the merging bank and
29 of the merging trust company and a list of the
30 stockholders of each as of the date of the merger
31 agreement;
32 (b) With respect to the resulting bank (i) its name
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1 and place of business; (ii) the amount of capital,
2 surplus and reserve for operating expenses; (iii) the
3 classes and the number of shares of stock and the par
4 value of each share; (iv) the charter which is to be the
5 charter of the resulting bank, together with the
6 amendments to the continuing charter and to the
7 continuing by-laws; and (v) a detailed financial
8 statement showing the assets and liabilities after the
9 proposed merger;
10 (c) Provisions governing the manner of converting
11 the shares of the merging bank and of the merging trust
12 company into shares of the resulting bank;
13 (d) A statement that the merger agreement is
14 subject to approval by the Commissioner and by the
15 stockholders of the merging bank and the merging trust
16 company, and that whether approved or disapproved, the
17 parties thereto will pay the Commissioner's expenses of
18 examination;
19 (e) Provisions governing the manner of disposing of
20 the shares of the resulting bank not taken by the
21 dissenting stockholders of the merging trust company; and
22 (f) Such other provisions as the Commissioner may
23 reasonably require to enable him to discharge his duties
24 with respect to the merger.
25 (2) After approval by the board of directors of the
26 merging bank and of the merging trust company, the merger
27 agreement shall be submitted to the Commissioner for approval
28 together with the certified copies of the authorizing
29 resolution of each board of directors showing approval by a
30 majority of each board.
31 (3) After receipt by the Commissioner of the papers
32 specified in subsection (2), he shall approve or disapprove
33 the merger agreement. The Commissioner shall not approve the
34 agreement unless he shall be of the opinion and finds:
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1 (a) That the resulting bank meets the requirements
2 of this Act for the formation of a new bank at the
3 proposed place of business of the resulting bank;
4 (b) That the same matters exist in respect of the
5 resulting bank which would have been required under
6 Section 10 of this Act for the organization of a new
7 bank; and
8 (c) That the merger agreement is fair to all
9 persons affected. If the Commissioner disapproves the
10 merger agreement, he shall state his objections in
11 writing and give an opportunity to the merging bank and
12 the merging trust company to obviate such objections.
13 (4) To be effective, if approved by the Commissioner, a
14 merger of a bank and a trust company where there is to be a
15 resulting bank must be approved by the affirmative vote of
16 the holders of at least two-thirds of the outstanding shares
17 of stock of the merging bank entitled to vote at a meeting
18 called to consider such action, unless holders of preferred
19 stock are entitled to vote as a class in respect thereof, in
20 which event the proposed merger shall be adopted upon
21 receiving the affirmative vote of the holders of at least
22 two-thirds of the outstanding shares of each class of shares
23 entitled to vote as a class in respect thereof and of the
24 total outstanding shares entitled to vote at such meeting and
25 must be approved by the stockholders of the merging trust
26 company as provided by the Act under which it is organized.
27 The prescribed vote by the merging bank and the merging trust
28 company shall constitute the adoption of the charter and
29 by-laws of the continuing bank, including the amendments in
30 the merger agreement, as the charter and by-laws of the
31 resulting bank. Written or printed notice of the meeting of
32 the stockholders of the merging bank shall be given to each
33 stockholder of record entitled to vote at such meeting at
34 least thirty days before such meeting and in the manner
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1 provided in this Act for the giving of notice of meetings of
2 stockholders. The notice shall state that dissenting
3 stockholders of the merging trust company will be entitled to
4 payment of the value of those shares which are voted against
5 approval of the merger, if a proper demand is made on the
6 resulting bank and the requirements of the Act under which
7 the merging trust company is organized are satisfied.;
8 (5) Unless a later date is specified in the merger
9 agreement, the merger shall become effective upon the filing
10 with the Commissioner of the executed merger agreement,
11 together with copies of the resolutions of the stockholders
12 of the merging bank and the merging trust company approving
13 it, certified by the president or a vice-president or, the
14 cashier and also by the secretary or other officer charged
15 with keeping the records. The charter of the merging trust
16 company shall thereupon automatically terminate. The
17 Commissioner shall thereupon issue to the continuing bank a
18 certificate of merger which shall specify the name of the
19 merging trust company, the name of the continuing bank and
20 the amendments to the charter of the continuing bank provided
21 for by the merger agreement. Such certificate shall be
22 conclusive evidence of the merger and of the correctness of
23 all proceedings therefor in all courts and places including
24 the office of the Secretary of State, and said certificate
25 shall be recorded.
26 (6) In the case of a conversion, a trust company shall
27 apply for a charter by filing with the Commissioner:
28 (a) A certificate signed by its president, or a
29 vice-president, and by a majority of the entire board of
30 directors setting forth the corporate action taken in
31 compliance with the provisions of the Act under which it
32 is organized governing the conversion of a trust company
33 to a bank or governing the merger of a trust company into
34 another corporation;
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1 (b) The plan of conversion and the proposed
2 charter approved by the stockholders for the operation of
3 the trust company as a bank. The plan of conversion shall
4 contain (i) the name and location proposed for the
5 converting trust company; (ii) a list of its stockholders
6 as of the date of the stockholders' approval of the plan
7 of conversion; (iii) the amount of its capital, surplus
8 and reserve for operating expenses; (iv) the classes and
9 the number of shares of stock and the par value of each
10 share; (v) the charter which is to be the charter of the
11 resulting bank; and (vi) a detailed financial statement
12 showing the assets and liabilities of the converting
13 trust company;
14 (c) A statement that the plan of conversion is
15 subject to approval by the Commissioner and that, whether
16 approved or disapproved, the converting trust company
17 will pay the Commissioner's expenses of examination; and
18 (d) Such other instruments as the Commissioner may
19 reasonably require to enable him to discharge his duties
20 with respect to the conversion.
21 (7) After receipt by the Commissioner of the papers
22 specified in subsection (6), he shall approve or disapprove
23 the plan of conversion. The Commissioner shall not approve
24 the plan of conversion unless he shall be of the opinion and
25 finds:
26 (a) That the resulting bank meets the requirements
27 of this Act for the formation of a new bank at the
28 proposed place of business of the resulting bank;
29 (b) That the same matters exist in respect of the
30 resulting bank which would have been required under
31 Section 10 of this Act for the organization of a new
32 bank; and
33 (c) That the plan of conversion is fair to all
34 persons affected.
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1 If the commissioner disapproves the plan of conversion,
2 he shall state his objections in writing and give an
3 opportunity to the converting trust company to obviate such
4 objections.
5 (8) Unless a later date is specified in the plan of
6 conversion, the conversion shall become effective upon the
7 Commissioner's approval, and the charter proposed in the plan
8 of conversion shall constitute the charter of the resulting
9 bank. The Commissioner shall issue a certificate of
10 conversion which shall specify the name of the converting
11 trust company, the name of the resulting bank and the charter
12 provided for by said plan of conversion. Such certificate
13 shall be conclusive evidence of the conversion and of the
14 correctness of all proceedings therefor in all courts and
15 places including the office of the Secretary of State, and
16 such certificate shall be recorded.
17 (9) In the case of either a merger or a conversion under
18 this Section 30, the resulting bank shall be considered the
19 same business and corporate entity as each merging bank and
20 merging trust company or as the converting trust company with
21 all the property, rights, powers, duties and obligations of
22 each as specified in Section 28 of this Act.
23 (Source: P.A. 89-541, eff. 7-19-96; revised 10-31-98.)
24 (205 ILCS 5/60) (from Ch. 17, par. 372)
25 Sec. 60. Receiver's powers; duties. Other than the
26 Federal Deposit Insurance Corporation, which shall derive its
27 powers and perform its duties pursuant to the Federal Deposit
28 Insurance Act and regulations promulgated thereunder, the
29 receiver for a state bank, under the direction of the
30 Commissioner, shall have the power and authority and is
31 charged with the duties and responsibilities as follows:
32 (1) He or she shall take possession of, and for the
33 purpose of the receivership, the title to the books, records
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1 and assets of every description of the bank.
2 (2) He or she shall proceed to collect all debts, dues
3 and claims belonging to the bank.
4 (3) He or she shall file with the Commissioner a copy of
5 each report which he makes to the court, together with such
6 other reports and records as the Commissioner may require.
7 (4) He or she shall have authority to sue and defend in
8 his or her own name with respect to the affairs, assets,
9 claims, debts, and choses chooses in action of the bank.
10 (5) He or she shall have authority, and it shall be his
11 or her duty, to surrender to the customers of such bank their
12 private papers and valuables left with the bank banks for
13 safekeeping, upon satisfactory proof of ownership.
14 (6) He or she shall have authority to redeem or take
15 down collateral hypothecated by the bank to secure its notes
16 or other evidence of indebtedness whenever the Commissioner
17 deems it to the best interest of the creditors of the bank so
18 to do.
19 (7) Whenever he or she shall find it necessary in his or
20 her opinion to use and employ money of the bank, in order to
21 protect fully and benefit the bank, by the purchase or
22 redemption of any property, real or personal, in which the
23 bank may have any rights by reason of any bond, mortgage,
24 assignment, or other claim thereto, he or she may certify the
25 facts together with his or her opinions as to the value of
26 the property involved, and the value of the equity the bank
27 may have in the property to the Commissioner, together with a
28 request for the right and authority to use and employ so much
29 of the money of the bank as may be necessary to purchase the
30 property, or to redeem the same from a sale if there was a
31 sale, and if such request is granted, the receiver may use so
32 much of the money of the bank as the Commissioner may have
33 authorized to purchase the property at such sale.
34 (8) He or she shall deposit daily all monies collected
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1 by him or her in any state or national bank selected by the
2 Commissioner, who may require (and the bank so selected may
3 furnish) of such depository satisfactory securities or
4 satisfactory surety bond for the safekeeping and prompt
5 payment of the money so deposited. The deposits shall be
6 made in the name of the Commissioner in trust for the bank
7 and be subject to withdrawal upon his or her order or upon
8 the order of such persons as the Commissioner may designate.
9 Such monies may be deposited without interest, unless
10 otherwise agreed. However, if any interest was paid by such
11 depository, it shall accrue to the benefit of the particular
12 trust to which the deposit belongs.
13 (9) He or she shall do such things and take such steps
14 from time to time under the direction and approval of the
15 Commissioner as may reasonably appear to be necessary to
16 conserve the bank's assets and secure the best interests of
17 the creditors of the bank.
18 (10) He or she shall record any judgment of dissolution
19 entered in a dissolution proceeding and thereupon deliver to
20 the Commissioner a certified copy thereof, together with all
21 books of accounts and ledgers of such bank for preservation.
22 (Source: P.A. 89-364, eff. 8-18-95; revised 2-24-98.)
23 Section 110. The Savings Bank Act is amended by changing
24 Section 1008 as follows:
25 (205 ILCS 205/1008) (from Ch. 17, par. 7301-8)
26 Sec. 1008. General corporate powers.
27 (a) A savings bank operating under this Act shall be a
28 body corporate and politic and shall have all of the specific
29 powers conferred by this Act and in addition thereto, the
30 following general powers:
31 (1) To sue and be sued, complain, and defend in its
32 corporate name and to have a common seal, which it may
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1 alter or renew at pleasure.
2 (2) To obtain and maintain insurance by a deposit
3 insurance corporation as defined in this Act.
4 (3) To act as a fiscal agent for the United States,
5 the State of Illinois or any department, branch, arm, or
6 agency of the State or any unit of local government or
7 school district in the State, when duly designated for
8 that purpose, and as agent to perform reasonable
9 functions as may be required of it.
10 (4) To become a member of or deal with any
11 corporation or agency of the United States or the State
12 of Illinois, to the extent that the agency assists in
13 furthering or facilitating its purposes or powers and to
14 that end to purchase stock or securities thereof or
15 deposit money therewith, and to comply with any other
16 conditions of membership or credit.
17 (5) To make donations in reasonable amounts for the
18 public welfare or for charitable, scientific, religious,
19 or educational purposes.
20 (6) To adopt and operate reasonable insurance,
21 bonus, profit sharing, and retirement plans for officers
22 and employees and for directors including, but not
23 limited to, advisory, honorary, and emeritus directors,
24 who are not officers or employees.
25 (7) To reject any application for membership; to
26 retire deposit accounts by enforced retirement as
27 provided in this Act and the bylaws; and to limit the
28 issuance of, or payments on, deposit accounts, subject,
29 however, to contractual obligations.
30 (8) To purchase stock in service corporations and
31 to invest in any form of indebtedness of any service
32 corporation as defined in this Act, subject to
33 regulations of the Commissioner.
34 (9) To purchase stock of a corporation whose
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1 principal purpose is to operate a safe deposit company or
2 escrow service company.
3 (10) To exercise all the powers necessary to
4 qualify as a trustee or custodian under federal or State
5 law, provided that the authority to accept and execute
6 trusts is subject to the provisions of the Corporate
7 Fiduciary Act and to the supervision of those activities
8 by the Commissioner of Banks and Real Estate.
9 (11) (Blank).
10 (12) To establish, maintain, and operate terminals
11 as authorized by the Electronic Fund Transfer Act. The
12 establishment, maintenance, operation, and location of
13 those terminals shall be subject to the approval of the
14 Commissioner.
15 (13) To pledge its assets:
16 (A) to enable it to act as agent for the sale
17 of obligations of the United States;
18 (B) to secure deposits;
19 (C) to secure deposits of money whenever
20 required by the National Bankruptcy Act;
21 (D) to qualify under Section 2-9 of the
22 Corporate Fiduciary Act; and
23 (E) to secure trust funds commingled with the
24 savings bank's funds, whether deposited by the
25 savings bank or an affiliate of the savings bank, as
26 required under Section 2-8 of the Corporate
27 Fiduciary Act.
28 (14) To accept for payment at a future date not to
29 exceed one year from the date of acceptance, drafts drawn
30 upon it by its customers; and to issue, advise, or
31 confirm letters of credit authorizing holders thereof to
32 draw drafts upon it or its correspondents.
33 (15) Subject to the regulations of the
34 Commissioner, to own and lease personal property acquired
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1 by the savings bank at the request of a prospective
2 lessee and, upon the agreement of that person, to lease
3 the personal property.
4 (16) To establish temporary service booths at any
5 International Fair in this State that is approved by the
6 United States Department of Commerce for the duration of
7 the international fair for the purpose of providing a
8 convenient place for foreign trade customers to exchange
9 their home countries' currency into United States
10 currency or the converse. To provide temporary periodic
11 service to persons residing in a bona fide nursing home,
12 senior citizens' retirement home, or long-term care
13 facility. These powers shall not be construed as
14 establishing a new place or change of location for the
15 savings bank providing the service booth.
16 (17) To indemnify its officers, directors,
17 employees, and agents, as authorized for corporations
18 under Section 8.75 of the Business Corporations Act of
19 1983.
20 (18) To provide data processing services to others
21 on a for-profit basis.
22 (19) To utilize any electronic technology to
23 provide customers with home banking services.
24 (20) Subject to the regulations of the
25 Commissioner, to enter into an agreement to act as a
26 surety.
27 (21) Subject to the regulations of the
28 Commissioner, to issue credit cards, extend credit
29 therewith, and otherwise engage in or participate in
30 credit card operations.
31 (22) To purchase for its own account shares of
32 stock of a bankers' bank, described in Section 13(b)(1)
33 of the Illinois Banking Act, on the same terms and
34 conditions as a bank may purchase such shares. In no
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1 event shall the total amount of such stock held by a
2 savings bank in such bankers' bank exceed 10% of its
3 capital and surplus (including undivided profits) and in
4 no event shall a savings bank acquire more than 5% of any
5 class of voting securities of such bankers' bank.
6 (23) With respect to affiliate facilities:
7 (A) to conduct at affiliate facilities any of
8 the following transactions for and on behalf of any
9 affiliated depository institution, if so authorized
10 by the affiliate or affiliates: receiving deposits;
11 renewing deposits; cashing and issuing checks,
12 drafts, money orders, travelers checks, or similar
13 instruments; changing money; receiving payments on
14 existing indebtedness; and conducting ministerial
15 functions with respect to loan applications,
16 servicing loans, and providing loan account
17 information; and
18 (B) to authorize an affiliated depository
19 institution to conduct for and on behalf of it, any
20 of the transactions listed in this subsection at one
21 or more affiliate facilities.
22 A savings bank intending to conduct or to authorize
23 an affiliated depository institution to conduct at an
24 affiliate facility any of the transactions specified in
25 this subsection shall give written notice to the
26 Commissioner at least 30 days before any such transaction
27 is conducted at an affiliate facility. All conduct under
28 this subsection shall be on terms consistent with safe
29 and sound banking practices and applicable law.
30 (24) Subject to Article XLIV of the Illinois
31 Insurance Code, to act as the agent for any fire, life,
32 or other insurance company authorized by the State of
33 Illinois, by soliciting and selling insurance and
34 collecting premiums on policies issued by such company;
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1 and may receive for services so rendered such fees or
2 commissions as may be agreed upon between the said
3 savings bank and the insurance company for which it may
4 act as agent; provided, however, that no such savings
5 bank shall in any case assume or guarantee the payment of
6 any premium on insurance policies issued through its
7 agency by its principal; and provided further, that the
8 savings bank shall not guarantee the truth of any
9 statement made by an assured in filing his application
10 for insurance.
11 (25) To become a member of the Federal Home Loan
12 Bank and to have the powers granted to a savings
13 association organized under the Illinois Savings and Loan
14 Act of 1985 or the laws of the United States, subject to
15 regulations of the Commissioner.
16 (26) To offer any product or service that is at the
17 time authorized or permitted to a bank by applicable law,
18 but subject always to the same limitations and
19 restrictions that are applicable to the bank for the
20 product or service by such applicable law and subject to
21 the applicable provisions of the Financial Institutions
22 Insurance Sales Law and rules of the Commissioner.
23 (b) If this Act or the regulations adopted under this
24 Act fail to provide specific guidance in matters of corporate
25 governance, the provisions of the Business Corporation Act of
26 1983 may be used.
27 (Source: P.A. 89-74, eff. 6-30-95; 89-310, eff. 1-1-96;
28 89-317, eff. 8-11-95; 89-355, eff. 8-17-95; 89-508, eff.
29 7-3-96; 89-603, eff. 8-2-96; 89-626, eff. 8-9-96; 90-14, eff.
30 7-1-97; 90-41, eff. 10-1-97; 90-270, eff. 7-30-97; 90-301,
31 eff. 8-1-97; 90-655, eff. 7-30-98; 90-665, eff. 7-30-98;
32 revised 10-31-98.)
33 Section 111. The Illinois Credit Union Act is amended by
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1 changing Section 8 as follows:
2 (205 ILCS 305/8) (from Ch. 17, par. 4409)
3 Sec. 8. Director's powers and duties. Credit unions are
4 regulated by the Department. The Director, in executing the
5 powers and discharging the duties vested by law in the
6 Department has the following powers and duties:
7 (1) To exercise the rights, powers and duties set forth
8 in this Act or any related Act.;
9 (2) To prescribe rules and regulations for the
10 administration of this Act. The provisions of "the Illinois
11 Administrative Procedure Act", as now or hereafter amended,
12 are hereby expressly adopted and incorporated herein as
13 though a part of this Act, and shall apply to all
14 administrative rules and procedures of the Department under
15 this Act.;
16 (3) To direct and supervise all the administrative and
17 technical activities of the Department including the
18 employment of a Credit Union Supervisor who shall have
19 knowledge in the theory and practice of, or experience in,
20 the operations or supervision of financial institutions,
21 preferably credit unions, and such other persons as are
22 necessary to carry out his functions.;
23 (4) To issue cease and desist orders when in the opinion
24 of the Director, a credit union is engaged or has engaged, or
25 the Director has reasonable cause to believe the credit union
26 is about to engage, in an unsafe or unsound practice, or is
27 violating or has violated or the Director has reasonable
28 cause to believe is about to violate a law, rule or
29 regulation or any condition imposed in writing by the
30 Department.;
31 (5) To suspend from office and to prohibit from further
32 participation in any manner in the conduct of the affairs of
33 his credit union any director, officer or committee member
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1 who has committed any violation of a law, rule, regulation or
2 of a cease and desist order or who has engaged or
3 participated in any unsafe or unsound practice in connection
4 with the credit union or who has committed or engaged in any
5 act, omission, or practice which constitutes a breach of his
6 fiduciary duty as such director, officer or committee member,
7 when the Director has determined that such action or actions
8 have resulted or will result in substantial financial loss or
9 other damage that seriously prejudices the interests of the
10 members.;
11 (6) Except for the fees established in this Act, to
12 prescribe, by rule and regulation, fees for filing reports
13 and other documents, furnishing transcripts, holding hearings
14 and investigating applications for permission to organize.;
15 (7) To destroy, in his discretion, any or all books and
16 records of any credit union in his possession or under his
17 control after the expiration of three years from the date of
18 cancellation of the charter of such credit unions.;
19 (8) To make investigations and to conduct research and
20 studies and to publish some of the problems of persons in
21 obtaining credit at reasonable rates of interest and of the
22 methods and benefits of cooperative saving and lending for
23 such persons.;
24 (9) To authorize, foster or establish experimental,
25 developmental, demonstration or pilot projects by public or
26 private organizations including credit unions which:
27 (a) promote more effective operation of credit
28 unions so as to provide members an opportunity to use and
29 control their own money to improve their economic and
30 social conditions; or
31 (b) are in the best interests of credit unions,
32 their members and the people of the State of Illinois.
33 (10) To cooperate in studies, training or other
34 administrative activities with, but not limited to, the NCUA,
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1 other state credit union regulatory agencies and industry
2 trade associations in order to promote more effective and
3 efficient supervision of Illinois chartered credit unions.
4 (Source: P.A. 88-570, eff. 8-5-94; revised 10-31-98.)
5 Section 112. The Alternative Health Care Delivery Act is
6 amended by changing Section 35 as follows:
7 (210 ILCS 3/35)
8 Sec. 35. Alternative health care models authorized.
9 Notwithstanding any other law to the contrary, alternative
10 health care models described in this Section may be
11 established on a demonstration basis.
12 (1) Alternative health care model; subacute care
13 hospital. A subacute care hospital is a designated site
14 which provides medical specialty care for patients who
15 need a greater intensity or complexity of care than
16 generally provided in a skilled nursing facility but who
17 no longer require acute hospital care. The average length
18 of stay for patients treated in subacute care hospitals
19 shall not be less than 20 days, and for individual
20 patients, the expected length of stay at the time of
21 admission shall not be less than 10 days. Variations
22 from minimum lengths of stay shall be reported to the
23 Department. There shall be no more than 13 subacute care
24 hospitals authorized to operate by the Department.
25 Subacute care includes physician supervision, registered
26 nursing, and physiological monitoring on a continual
27 basis. A subacute care hospital is either a freestanding
28 building or a distinct physical and operational entity
29 within a hospital or nursing home building. A subacute
30 care hospital shall only consist of beds currently
31 existing in licensed hospitals or skilled nursing
32 facilities, except, in the City of Chicago, on a
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1 designated site that was licensed as a hospital under the
2 Illinois Hospital Licensing Act within the 10 years
3 immediately before the application for an alternative
4 health care model license. During the period of operation
5 of the demonstration project, the existing licensed beds
6 shall remain licensed as hospital or skilled nursing
7 facility beds as well as being licensed under this Act.
8 In order to handle cases of complications, emergencies,
9 or exigent circumstances, a subacute care hospital shall
10 maintain a contractual relationship, including a transfer
11 agreement, with a general acute care hospital. If a
12 subacute care model is located in a general acute care
13 hospital, it shall utilize all or a portion of the bed
14 capacity of that existing hospital. In no event shall a
15 subacute care hospital use the word "hospital" in its
16 advertising or marketing activities or represent or hold
17 itself out to the public as a general acute care
18 hospital.
19 (2) Alternative health care delivery model;
20 postsurgical recovery care center. A postsurgical
21 recovery care center is a designated site which provides
22 postsurgical recovery care for generally healthy patients
23 undergoing surgical procedures that require overnight
24 nursing care, pain control, or observation that would
25 otherwise be provided in an inpatient setting. A
26 postsurgical recovery care center is either freestanding
27 or a defined unit of an ambulatory surgical treatment
28 center or hospital. No facility, or portion of a
29 facility, may participate in a demonstration program as a
30 postsurgical recovery care center unless the facility has
31 been licensed as an ambulatory surgical treatment center
32 or hospital for at least 2 years before August 20, 1993
33 (the effective date of Public Act 88-441). The maximum
34 length of stay for patients in a postsurgical recovery
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1 care center is not to exceed 48 hours unless the treating
2 physician requests an extension of time from the recovery
3 center's medical director on the basis of medical or
4 clinical documentation that an additional care period is
5 required for the recovery of a patient and the medical
6 director approves the extension of time. In no case,
7 however, shall a patient's length of stay in a
8 postsurgical recovery care center be longer than 72
9 hours. If a patient requires an additional care period
10 after the expiration of the 72-hour limit, the patient
11 shall be transferred to an appropriate facility. Reports
12 on variances from the 48-hour limit shall be sent to the
13 Department for its evaluation. The reports shall, before
14 submission to the Department, have removed from them all
15 patient and physician identifiers. In order to handle
16 cases of complications, emergencies, or exigent
17 circumstances, every postsurgical recovery care center as
18 defined in this paragraph shall maintain a contractual
19 relationship, including a transfer agreement, with a
20 general acute care hospital. A postsurgical recovery
21 care center shall be no larger than 20 beds. A
22 postsurgical recovery care center shall be located within
23 15 minutes travel time from the general acute care
24 hospital with which the center maintains a contractual
25 relationship, including a transfer agreement, as required
26 under this paragraph.
27 No postsurgical recovery care center shall
28 discriminate against any patient requiring treatment
29 because of the source of payment for services, including
30 Medicare and Medicaid recipients.
31 The Department shall adopt rules to implement the
32 provisions of Public Act 88-441 concerning postsurgical
33 recovery care centers within 9 months after August 20,
34 1993.
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1 (3) Alternative health care delivery model;
2 children's respite care center. A children's childrens'
3 respite care center model is a designated site that
4 provides respite for medically frail, technologically
5 dependent, clinically stable children, up to age 18, for
6 a period of one to 14 days. This care is to be provided
7 in a home-like environment that serves no more than 10
8 children at a time. Children's respite care center
9 services must be available through the model to all
10 families, including those whose care is paid for through
11 the Illinois Department of Public Aid or the Illinois
12 Department of Children and Family Services. Each respite
13 care model location shall be a facility physically
14 separate and apart from any other facility licensed by
15 the Department of Public Health under this or any other
16 Act and shall provide, at a minimum, the following
17 services: out-of-home respite care; hospital to home
18 training for families and caregivers; short term
19 transitional care to facilitate placement and training
20 for foster care parents; parent and family support
21 groups.
22 Coverage for the services provided by the Illinois
23 Department of Public Aid under this paragraph (3) is
24 contingent upon federal waiver approval and is provided only
25 to Medicaid eligible clients participating in the home and
26 community based services waiver designated in Section 1915(c)
27 of the Social Security Act for medically frail and
28 technologically dependent children.
29 (Source: P.A. 88-441; 88-490; 88-670, eff. 12-2-94; 89-393,
30 eff. 8-20-95; revised 10-31-98.)
31 Section 113. The Illinois Clinical Laboratory and Blood
32 Bank Act is amended by changing Section 7-101 as follows:
-706- LRB9101253EGfg
1 (210 ILCS 25/7-101) (from Ch. 111 1/2, par. 627-101)
2 Sec. 7-101. Examination of specimens. A clinical
3 laboratory shall examine specimens only at the request of (i)
4 a licensed physician, (ii) a licensed dentist, (iii) a
5 licensed podiatrist, (iv) a therapeutic optometrist for
6 diagnostic or therapeutic purposes related to the use of
7 diagnostic topical or therapeutic ocular pharmaceutical
8 agents, as defined in subsections (c) and (d) of Section 15.1
9 of the Illinois Optometric Practice Act of 1987, (v) a
10 licensed physician assistant in accordance with the written
11 guidelines required under subdivision (3) of Section 4 and
12 under Section 7.5 of the Physician Assistant Practice Act of
13 1987, (v-A) an advanced practice nurse in accordance with
14 the written collaborative agreement required under Section
15 15-15 of the Nursing and Advanced Practice Nursing Act, or
16 (vi) an authorized law enforcement agency or, in the case of
17 blood alcohol, at the request of the individual for whom the
18 test is to be performed in compliance with Sections 11-501
19 and 11-501.1 of the Illinois Vehicle Code. If the request
20 to a laboratory is oral, the physician or other authorized
21 person shall submit a written request to the laboratory
22 within 48 hours. If the laboratory does not receive the
23 written request within that period, it shall note that fact
24 in its records. For purposes of this Section, a request made
25 by electronic mail or fax constitutes a written request.
26 (Source: P.A. 90-116, eff. 7-14-97; 90-322, eff. 1-1-98;
27 90-655, eff. 7-30-98; 90-666, eff. 7-30-98; 90-742, eff.
28 8-13-98; revised 9-21-98.)
29 Section 114. The Nursing Home Care Act is amended by
30 changing Sections 3-113 and 3-401 as follows:
31 (210 ILCS 45/3-113) (from Ch. 111 1/2, par. 4153-113)
32 Sec. 3-113. The license granted to the transferee shall
-707- LRB9101253EGfg
1 be subject to the plan of correction submitted by the
2 previous owner and approved by the Department and any
3 conditions contained in a conditional license issued to the
4 previous owner. If there are outstanding violations and no
5 approved plan of correction has been implemented, the
6 Department may issue a conditional license and plan of
7 correction as provided in Sections Section 3-311 through
8 3-317.
9 (Source: P.A. 81-223; revised 2-24-98.)
10 (210 ILCS 45/3-401) (from Ch. 111 1/2, par. 4153-401)
11 Sec. 3-401. A facility may involuntarily transfer or
12 discharge a resident only for one or more of the following
13 reasons:
14 (a) for medical reasons;
15 (b) for the resident's physical safety;
16 (c) for the physical safety of other residents, the
17 facility staff or facility visitors; or
18 (d) for either late payment or nonpayment for the
19 resident's stay, except as prohibited by Titles Title
20 XVIII and XIX of the federal Social Security Act. For
21 purposes of this Section, "late payment" means
22 non-receipt of payment after submission of a bill. If
23 payment is not received within 45 days after submission
24 of a bill, a facility may send a notice to the resident
25 and responsible party requesting payment within 30 days.
26 If payment is not received within such 30 days, the
27 facility may thereupon institute transfer or discharge
28 proceedings by sending a notice of transfer or discharge
29 to the resident and responsible party by registered or
30 certified mail. The notice shall state, in addition to
31 the requirements of Section 3-403 of this Act, that the
32 responsible party has the right to pay the amount of the
33 bill in full up to the date the transfer or discharge is
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1 to be made and then the resident shall have the right to
2 remain in the facility. Such payment shall terminate the
3 transfer or discharge proceedings. This subsection does
4 not apply to those residents whose care is provided for
5 under the Illinois Public Aid Code. The Department shall
6 adopt rules setting forth the criteria and procedures to
7 be applied in cases of involuntary transfer or discharge
8 permitted under this Section.
9 (Source: P.A. 85-1378; revised 2-24-98.)
10 Section 115. The Emergency Medical Services (EMS)
11 Systems Act is amended by changing Sections 3.20 and 3.245 as
12 follows:
13 (210 ILCS 50/3.20)
14 Sec. 3.20. Emergency Medical Services (EMS) Systems.
15 (a) "Emergency Medical Services (EMS) System" means an
16 organization of hospitals, vehicle service providers and
17 personnel approved by the Department in a specific geographic
18 area, which coordinates and provides pre-hospital and
19 inter-hospital emergency care and non-emergency medical
20 transports at a BLS, ILS and/or ALS level pursuant to a
21 System program plan submitted to and approved by the
22 Department, and pursuant to the EMS Region Plan adopted for
23 the EMS Region in which the System is located.
24 (b) One hospital in each System program plan must be
25 designated as the Resource Hospital. All other hospitals
26 which are located within the geographic boundaries of a
27 System and which have standby, basic or comprehensive level
28 emergency departments must function in that EMS System as
29 either an Associate Hospital or Participating Hospital and
30 follow all System policies specified in the System Program
31 Plan, including but not limited to the replacement of drugs
32 and equipment used by providers who have delivered patients
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1 to their emergency departments. All hospitals and vehicle
2 service providers participating in an EMS System must specify
3 their level of participation in the System Program Plan.
4 (c) The Department shall have the authority and
5 responsibility to:
6 (1) Approve BLS, ILS and ALS level EMS Systems
7 which meet minimum standards and criteria established in
8 rules adopted by the Department pursuant to this Act,
9 including the submission of a Program Plan for Department
10 approval. Beginning September 1, 1997, the Department
11 shall approve the development of a new EMS System only
12 when a local or regional need for establishing such
13 System has been identified. This shall not be construed
14 as a needs assessment for health planning or other
15 purposes outside of this Act. Following Department
16 approval, EMS Systems must be fully operational within
17 one year from the date of approval.;
18 (2) Monitor EMS Systems, based on minimum standards
19 for continuing operation as prescribed in rules adopted
20 by the Department pursuant to this Act, which shall
21 include requirements for submitting Program Plan
22 amendments to the Department for approval.;
23 (3) Renew EMS System approvals every 4 years, after
24 an inspection, based on compliance with the standards for
25 continuing operation prescribed in rules adopted by the
26 Department pursuant to this Act.;
27 (4) Suspend, revoke, or refuse to renew approval of
28 any EMS System, after providing an opportunity for a
29 hearing, when findings show that it does not meet the
30 minimum standards for continuing operation as prescribed
31 by the Department, or is found to be in violation of its
32 previously approved Program Plan.;
33 (5) Require each EMS System to adopt written
34 protocols for the bypassing of or diversion to any
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1 hospital, trauma center or regional trauma center, which
2 provide that a person shall not be transported to a
3 facility other than the nearest hospital, regional trauma
4 center or trauma center unless the medical benefits to
5 the patient reasonably expected from the provision of
6 appropriate medical treatment at a more distant facility
7 outweigh the increased risks to the patient from
8 transport to the more distant facility, or the transport
9 is in accordance with the System's protocols for patient
10 choice or refusal.;
11 (6) Require that the EMS Medical Director of an ILS
12 or ALS level EMS System be a physician licensed to
13 practice medicine in all of its branches in Illinois, and
14 certified by the American Board of Emergency Medicine or
15 the American Board of Osteopathic Emergency Medicine, and
16 that the EMS Medical Director of a BLS level EMS System
17 be a physician licensed to practice medicine in all of
18 its branches in Illinois, with regular and frequent
19 involvement in pre-hospital emergency medical services.
20 In addition, all EMS Medical Directors shall:
21 (A) Have experience on an EMS vehicle at the
22 highest level available within the System, or make
23 provision to gain such experience within 12 months
24 prior to the date responsibility for the System is
25 assumed or within 90 days after assuming the
26 position;
27 (B) Be thoroughly knowledgeable of all skills
28 included in the scope of practices of all levels of
29 EMS personnel within the System;
30 (C) Have or make provision to gain experience
31 instructing students at a level similar to that of
32 the levels of EMS personnel within the System; and
33 (D) For ILS and ALS EMS Medical Directors,
34 successfully complete a Department-approved EMS
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1 Medical Director's Course.
2 (7) Prescribe statewide EMS data elements to be
3 collected and documented by providers in all EMS Systems
4 for all emergency and non-emergency medical services,
5 with a one-year phase-in for commencing collection of
6 such data elements.;
7 (8) Define, through rules adopted pursuant to this
8 Act, the terms "Resource Hospital", "Associate Hospital",
9 "Participating Hospital", "Basic Emergency Department",
10 "Standby Emergency Department", "Comprehensive Emergency
11 Department", "EMS Medical Director", "EMS Administrative
12 Director", and "EMS System Coordinator".
13 (A) Upon the effective date of this amendatory
14 Act of 1995, all existing Project Medical Directors
15 shall be considered EMS Medical Directors, and all
16 persons serving in such capacities on the effective
17 date of this amendatory Act of 1995 shall be exempt
18 from the requirements of paragraph (7) of this
19 subsection;
20 (B) Upon the effective date of this amendatory
21 Act of 1995, all existing EMS System Project
22 Directors shall be considered EMS Administrative
23 Directors.
24 (9) Investigate the circumstances that caused a
25 hospital in an EMS system to go on bypass status to
26 determine whether that hospital's decision to go on
27 bypass status was reasonable. The Department may impose
28 sanctions, as set forth in Section 3.140 of the Act, upon
29 a Department determination that the hospital unreasonably
30 went on bypass status in violation of the Act.
31 (Source: P.A. 89-177, eff. 7-19-95; 89-667, eff. 1-1-97;
32 revised 10-31-98.)
33 (210 ILCS 50/3.245)
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1 Sec. 3.245. Adoption of Rules by the Department. The
2 Department shall adopt rules to implement the provisions of
3 this Act, in accordance with the Illinois Administrative
4 Procedure Act.
5 With the exception of emergency rules adopted pursuant to
6 Section 5.02 of the Illinois Administrative Procedure Act or
7 Section 3.190 of this Act, the Department shall submit all
8 proposed rules to the State Emergency Medical Services
9 Council or State Trauma Advisory Council for a 90-day review
10 and comment period prior to adoption, as specified in this
11 Act.
12 (Source: P.A. 89-177, eff. 7-19-95; revised 10-31-98.)
13 Section 116. The Mobile Home Park Act is amended by
14 changing Section 9 as follows:
15 (210 ILCS 115/9) (from Ch. 111 1/2, par. 719)
16 Sec. 9. Each mobile home park licensed or to be
17 constructed under the provisions of this Act shall be
18 operated and maintained in accordance with the requirements
19 of Sections Section 9.1 to 9.15, inclusive, of this Act.
20 (Source: P.A. 77-1472; revised 10-31-98.)
21 Section 117. The Illinois Insurance Code is amended by
22 changing Sections 56, 123C-2, 126.30, 141.1, 143.21a, 143.31,
23 209, 223, 267, 333, 338, 343, 357.2, 357.18, 357.19, 357.20,
24 408, 415, 531.03, 803.1, 807.1, 810.1, 1202, and 1204 as
25 follows:
26 (215 ILCS 5/56) (from Ch. 73, par. 668)
27 Sec. 56. Accumulation of guaranty fund or guaranty
28 capital. Any company subject to the provisions of this
29 article, may provide for a surplus either by accumulating a
30 guaranty fund or a guaranty capital as follows:
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1 (a) Guaranty Fund. It may accumulate a guaranty fund by
2 borrowing money at an interest rate either (1) at a fixed
3 rate not exceeding the corporate base rate as reported by the
4 largest bank (measured by assets) with its head office
5 located in Chicago, Illinois, in effect on the first business
6 day of the month in which the loan document is executed, plus
7 3% per annum or (2) at a variable rate equal to the corporate
8 base rate determined on the first business day of each month
9 during the term of the loan plus 2% per annum. In no event
10 shall the variable interest rate for any month exceed the
11 initial rate for the loan or advance by more than 10% per
12 annum. The insurer shall elect at the time of execution of
13 the loan or advance agreement whether the interest rate is to
14 be fixed or floating for the term of the agreement. An
15 agreement issued after the insurer has received its
16 Certificate of Authority shall first be approved by
17 resolution of the Board of Directors and the Director. The
18 agreement shall provide that such loan and the interest
19 thereon shall be repaid only out of the surplus of such
20 company in excess of the greater of the original or minimum
21 surplus required of such company by Section 43. Such excess
22 of surplus shall be calculated upon the fair market value of
23 the assets of the company, and such guaranty loan fund shall
24 constitute and be enforceable enforcible as a liability of
25 the company only as against such excess of surplus. Any
26 unpaid balance of such guaranty fund loan shall be reported
27 in the annual statement to be filed with the Director.
28 Repayment of principal or payment of interest may be made
29 only with the approval of the Director when he or she is
30 satisfied that the financial condition of the company
31 warrants that action, but approval may not be withheld if the
32 company shall have and submit satisfactory evidence of
33 surplus of not less than the amount stipulated in the
34 repayment of principal or interest payment clause of the
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1 agreement.
2 (b) Guaranty Capital. It may in addition to any
3 advances provided for herein, establish and maintain a
4 guaranty capital divided into shares having a par value of
5 not more than $100 nor less than $5 each. The guaranty
6 capital shall be applied to the payment of losses only when
7 the company has exhausted its assets in excess of unearned
8 premium reserve and other liabilities; and when thus impaired
9 the directors may make good the whole or any part of it by
10 assessment on its policyholders as provided for in Section
11 60. Said guaranty capital may, by vote of the board of
12 directors of the company and the written consent of the
13 Director be reduced or retired by any amount, provided that
14 the net surplus of the company together with the remaining
15 guaranty capital shall equal or exceed the amount of surplus
16 required by Section 43, and due notice of such proposed
17 action on the part of the company shall be published in a
18 newspaper of general circulation, approved by the Director,
19 not less than once each week for at least 4 consecutive weeks
20 before such action is taken. No company with a guaranty
21 capital, which has ceased to do business, shall divide any
22 part of its assets or guaranty capital among its shareholders
23 unless it has paid or it has otherwise been released from its
24 policy obligations. The holders of the shares of such
25 guaranty capital shall be entitled to interest either (1) at
26 a fixed rate not exceeding the corporate base rate as
27 reported by the largest bank (measured by assets) with its
28 head office located in Chicago, Illinois, in effect on the
29 first business day of the month in which the loan document is
30 executed, plus 3% per annum or (2) at a variable rate equal
31 to the corporate base rate determined on the first business
32 day of each month during the term of the loan plus 2% per
33 annum. In no event shall the variable interest rate for any
34 month exceed the initial rate for the loan or advance by more
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1 than 10% per annum. The insurer shall elect at the time of
2 issuance of the shares whether the interest rate is to be
3 fixed or floating for the term of the agreement. Such
4 interest shall be payable from the surplus in excess of the
5 surplus required of the company by Section 43. In the event
6 of dissolution and liquidation of such a company after the
7 retirement of all outstanding obligations of the company, the
8 holders of such shares of guaranty capital shall be entitled
9 to a preferential right in the assets of such company equal
10 to the par value of their share of such guaranty capital
11 before any distribution to members.
12 (Source: P.A. 90-381, eff. 8-14-97; revised 2-24-98.)
13 (215 ILCS 5/123C-2) (from Ch. 73, par. 735C-2)
14 Sec. 123C-2. Authority of captives; restrictions.
15 A. Any captive insurance company, when permitted by its
16 articles of association or charter, may apply to the Director
17 for a certificate of authority to transact any and all
18 insurance in classes 2 and 3 of Section 4 of this Code,
19 except that:
20 (1) no pure captive insurance company may insure
21 any risks other than those of its parent and affiliated
22 companies;
23 (2) no association captive insurance company may
24 insure any risks other than those of the member
25 organizations of its association, and their affiliated
26 companies;
27 (3) no industrial insured captive insurance company
28 may insure any risks other than those of the members of
29 the industrial insured group, and their affiliated
30 companies; and
31 (4) no captive insurance company may provide:
32 (i) personal motor vehicle coverage or
33 homeowner's insurance coverage or any component
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1 thereof, or
2 (ii) personal coverage for personal risk
3 liability, or
4 (iii) coverage for an employer's liability to
5 its employees other than legal liability under the
6 federal Employers' Employee's Liability Act (45.
7 U.S.C. 51 et seq.), provided, however, this
8 exclusion does not preclude reinsurance of such
9 employer's liability, or
10 (iv) accident and health insurance as provided
11 in clause (a) of Class 2 of Section 4, provided,
12 however, this exclusion does not preclude stop-loss
13 insurance or reinsurance of a single employer
14 self-funded employee disability benefit plan or an
15 employee welfare plan as described in 29 U.S.C. 1001
16 et seq.
17 B. No captive insurance company shall do any insurance
18 business in this State unless:
19 (1) it first obtains from the Director a
20 certificate of authority authorizing it to do such
21 insurance business in this State; and
22 (2) it appoints a resident registered agent to
23 accept service of process and to otherwise act on its
24 behalf in this State.
25 C. No captive insurance company shall adopt a name that
26 is the same as, deceptively similar to, or likely to be
27 confused with or mistaken for, any other existing business
28 name registered in this State.
29 D. Each captive insurance company, or the organizations
30 providing the principal administrative or management services
31 to such captive insurance company, shall maintain a place of
32 business in this State.
33 (Source: P.A. 88-364; revised 10-28-98.)
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1 (215 ILCS 5/126.30)
2 Sec. 126.30. Foreign investments and foreign currency
3 exposure.
4 A. Subject to the limitations of Section 126.23, an
5 insurer may acquire directly or indirectly through an
6 investment subsidiary, foreign investments, or engage in
7 investment practices with persons of or in foreign
8 jurisdictions, of substantially the same types as those that
9 an insurer is permitted to acquire under this Article, other
10 than of the type permitted under Section 126.25, if, as a
11 result and after giving effect to the investment:
12 (1) the aggregate amount of foreign investments
13 then held by the insurer under this subsection does not
14 exceed 20% of its admitted assets; and
15 (2) the aggregate amount of foreign investments
16 then held by the insurer under this subsection in a
17 single foreign jurisdiction does not exceed 10% of its
18 admitted assets as to a foreign jurisdiction that has a
19 sovereign debt rating of SVO 1 or 5% of its admitted
20 assets as to any other foreign jurisdiction.
21 B. Subject to the limitations of Section 126.23, an
22 insurer may acquire investments, or engage in investment
23 practices denominated in foreign currencies, whether or not
24 they are foreign investments acquired under subsection A of
25 this Section, or additional foreign currency exposure as a
26 result of the termination or expiration of a hedging
27 transaction with respect to investments denominated in a
28 foreign currency, if, as a result of and after giving effect
29 to the transaction:
30 (1) the aggregate amount of investments then held
31 by the insurer under this subsection denominated in
32 foreign currencies does not exceed 15% of its admitted
33 assets; and
34 (2) the aggregate amount of investments then held
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1 by the insurer under this subsection denominated in the
2 foreign currency of a single foreign jurisdiction does
3 not exceed 10% of its admitted assets as to a foreign
4 jurisdiction that has a sovereign debt rating of SVO 1 or
5 5% of its admitted assets as to any other foreign
6 jurisdiction.
7 (3) However, an investment shall not be considered
8 denominated in a foreign currency if the acquiring insurer
9 enters into one or more contracts in transactions permitted
10 under Section 126.31 in which the business entity
11 counterparty agrees to exchange, or grants to the insurer the
12 option to exchange, all payments made on the foreign currency
13 denominated investment (or amounts equivalent to the payments
14 that are or will be due to the insurer in accordance with the
15 terms of such investment) for United States currency during
16 the period the contract or contracts are in effect to
17 insulate the insurer against loss caused by diminution of the
18 value of payments owed to the insurer due to future changes
19 in currency exchange rates.
20 C. In addition to investments permitted under
21 subsections A and B of this Section, an insurer that is
22 authorized to do business in a foreign jurisdiction, and that
23 has outstanding insurance, annuity or reinsurance contracts
24 on lives or risks resident or located in that foreign
25 jurisdiction and denominated in foreign currency of that
26 jurisdiction, may acquire foreign investments respecting that
27 foreign jurisdiction, and may acquire investments denominated
28 in the currency of that jurisdiction, subject to the
29 limitations of Section 126.23. However, investments made
30 under this subsection in obligations of foreign governments,
31 their political subdivisions and government sponsored
32 enterprises shall not be subject to the limitations of
33 Section 126.23 if those investments carry an SVO rating of 1
34 or 2. The aggregate amount of investments acquired by the
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1 insurer under this subsection shall not exceed the greater
2 of:
3 (1) the amount the insurer is required by law to
4 invest in the foreign jurisdiction; or
5 (2) 125% of the amount of its reserves, net of
6 reinsurance, and other obligations under the contracts.
7 D. In addition to investments permitted under
8 subsections A and B of this Section, an insurer that is not
9 authorized to do business in a foreign jurisdiction but which
10 has outstanding insurance, annuity or reinsurance contracts
11 on lives or risks resident or located in a foreign
12 jurisdiction and denominated in foreign currency of that
13 jurisdiction, may acquire foreign investments respecting that
14 foreign jurisdiction, and may acquire investments denominated
15 in the currency of that jurisdiction subject to the
16 limitations set forth of Section 126.24. However, investments
17 made under this subsection in obligations of foreign
18 governments, their political subdivisions and government
19 sponsored enterprises shall not be subject to the limitations
20 of Section 126.23 if those investments carry an SVO rating of
21 1 or 2. The aggregate amount of investments acquired by the
22 insurer under this subsection shall not exceed 105% of the
23 amount of its reserves, net of reinsurance, and other
24 obligations under the contracts on risks resident or located
25 in the foreign jurisdiction.
26 E. Investments acquired under this Section shall be
27 aggregated with investments of the same types made under all
28 other Sections of this Article, and in a similar manner, for
29 purposes of determining compliance with the limitations, if
30 any, contained in the other Sections. Investments in
31 obligations of foreign governments, their political
32 subdivisions and government sponsored enterprises of these
33 persons, except for those exempted under subsections C and D
34 of this Section, shall be subject to the limitations of
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1 Section 126.23.
2 (Source: P.A. 90-418, eff. 8-15-97; revised 10-31-98.)
3 (215 ILCS 5/141.1) (from Ch. 73, par. 753.1)
4 Sec. 141.1. Management contracts and service agreements.
5 All agreements or contracts under which any person,
6 organization or corporation is delegated management duties or
7 control of any domestic company, or which transfer a
8 substantial part of any major function of a domestic company
9 such as adjustment of losses, production of business,
10 investment of assets or general servicing of the company's
11 business must be filed with the Department on or before the
12 effective date of such contract or agreement. The Director
13 may upon notice review these arrangements entered by foreign
14 companies.
15 There shall be exempted from the filing requirement of
16 this Section contracts by groups of affiliated companies on a
17 "pooled" funds basis or service company management basis,
18 where costs to the individual member companies are charged on
19 an actually incurred or closely estimated basis. However,
20 these contracts must be reduced to written form.
21 Sections 141.1, 141.2, and 141.3 shall not apply to any
22 power of attorney or other authority authorized by Section 67
23 of this Code.
24 (Source: P.A. 88-364; revised 2-26-98.)
25 (215 ILCS 5/143.21a) (from Ch. 73, par. 755.21a)
26 Sec. 143.21a. Nonrenewal of Fire and Extended Coverage
27 Policy - Grounds. A policy of fire and extended coverage
28 insurance, as defined in subsection (b) of Section 143.13,
29 may not be nonrenewed for any of the following reasons
30 reasonings:
31 (a) age of property,
32 (b) location of property,
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1 (c) age, sex, race, color, ancestry, or marital
2 status, or occupation of occupants.
3 (Source: P.A. 82-625; revised 2-27-98.)
4 (215 ILCS 5/143.31)
5 Sec. 143.31. Uniform medical claim and billing forms.
6 (a) The Director shall prescribe by rule, after
7 consultation with providers of health care or treatment,
8 insurers, hospital, medical, and dental service corporations,
9 and other prepayment organizations, insurance claim and
10 billing forms that the Director determines will provide for
11 uniformity and simplicity in insurance claims handling. The
12 claim forms shall include, but need not be limited to,
13 information regarding the medical diagnosis, treatment, and
14 prognosis of the patient, together with the details of
15 charges incident to the providing of care, treatment, or
16 services, sufficient for the purpose of meeting the proof
17 requirements of an insurance policy or a hospital, medical,
18 or dental service contract.
19 (b) An insurer or a provider of health care treatment
20 may not refuse to accept a claim or bill submitted on duly
21 promulgated uniform claim and billing forms. An insurer,
22 however, may accept claims and bills submitted on any other
23 form.
24 (c) Accident and health insurer explanation of benefits
25 paid statements or claims summary statements sent to an
26 insured by the accident and health insurer shall be in a
27 format and written in a manner that promotes understanding by
28 the insured by setting forth all of the following:
29 (1) The total dollar amount submitted to the
30 insurer for payment.
31 (2) Any reduction in the amount paid due to the
32 application of any co-payment or deductible, along with
33 an explanation of the amount of the co-payment or
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1 deductible applied under the insured's policy.
2 (3) Any reduction in the amount paid due to the
3 application of any other policy limitation or exclusion
4 set forth in the insured's policy, along with an
5 explanation thereof.
6 (4) The total dollar amount paid.
7 (5) The total dollar amount remaining unpaid.
8 (d) The Director may issue an order directing an
9 accident and health insurer to comply with subsection (c).
10 (e) An accident and health insurer does not violate
11 subsection (c) by using a document that the accident and
12 health insurer is required to use by the federal government
13 or the State.
14 (f) The adoption of uniform claim forms and uniform
15 billing forms by the Director under this Section does not
16 preclude an insurer, hospital, medical, or dental service
17 corporation, or other prepayment organization from obtaining
18 any necessary additional information regarding a claim from
19 the claimant, provider of health care or treatment, or
20 certifier of coverage, as may be required.
21 (g) On and after January 1, 1996 when billing insurers
22 or otherwise filing insurance claims with insurers subject to
23 this Section, providers of health care or treatment, medical
24 services, dental services, pharmaceutical services, or
25 medical equipment must use the uniform claim and billing
26 forms adopted by the Director under this Section.
27 (Source: P.A. 88-84; 88-662, eff. 9-16-94; revised 10-31-98.)
28 (215 ILCS 5/209) (from Ch. 73, par. 821)
29 Sec. 209. Proof and allowance of claims.
30 (1) A proof of claim shall consist of a written
31 statement signed under oath setting forth the claim, the
32 consideration for it, whether the claim is secured and, if
33 so, how, what payments have been made on the claim, if any,
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1 and that the sum claimed is justly owing from the company.
2 Whenever a claim is based upon a document, the document,
3 unless lost or destroyed, shall be filed with the proof of
4 claim. If the document is lost or destroyed, a statement of
5 that fact and of the circumstances of the loss or destruction
6 shall be included in the proof of claim. A claim may be
7 allowed even if contingent or unliquidated as of the date
8 fixed by the court pursuant to subsection (a) of Section 194
9 if it is filed in accordance with this subsection. Except as
10 otherwise provided in subsection (7), a proof of claim
11 required under this Section must identify a particular claim.
12 (2) At any time, the Director may require the claimant
13 to present information or evidence supplementary to that
14 required under subsection (l) and may take testimony under
15 oath, require production of affidavits or depositions, or
16 otherwise obtain additional information or evidence.
17 (3) Upon the liquidation, rehabilitation, or
18 conservation of any company which has issued policies
19 insuring the lives of persons, the Director shall, within a
20 reasonable time, after the last day set for the filing of
21 claims, make a list of the persons who have not filed proofs
22 of claim with him and whose rights have not been reinsured,
23 to whom it appears from the books of the company, there are
24 owing amounts on such policies and he shall set opposite the
25 name of each person such amount so owing to such person. The
26 Director shall incur no personal liability by reason of any
27 mistake in such list. Each person whose name shall appear
28 upon said list shall be deemed to have duly filed prior to
29 the last day set for filing of claims a proof of claim for
30 the amount set opposite his name on said list.
31 (4)(a) When a Liquidation, Rehabilitation, or
32 Conservation Order has been entered in a proceeding against
33 an insurer under this Code, any insured under an insurance
34 policy shall have the right to file a contingent claim. The
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1 Court at the time of the entry of the Order of Liquidation,
2 Rehabilitation or Conservation shall fix the final date for
3 the liquidation of insureds' contingent claims, but in no
4 event shall said date be more than 3 years after the last day
5 fixed for the filing of claims, provided, such date may be
6 extended by the Court on petition of the Director should the
7 Director determine that such extension will not delay
8 distribution of assets under Section 210. Such a contingent
9 claim shall be allowed if such claim is liquidated and the
10 insured claimant presents evidence of payment of such claim
11 to the Director on or before the last day fixed by the Court.
12 (b) When an insured has been unable to liquidate its
13 claim under paragraph (a) of this subsection (4), the insured
14 may have its claim allowed by estimation if (i) it may be
15 reasonably inferred from the proof presented upon the claim
16 that a claim exists under the policy; (ii) the insured has
17 furnished suitable proof, unless the court for good cause
18 shown shall otherwise direct, that no further valid claims
19 against the insurer arising out of the cause of action other
20 than those already presented can be made, and (iii) the total
21 liability of the insurer to all claimants arising out of the
22 same act shall be no greater than its total liability would
23 be were it not in liquidation, rehabilitation, or
24 conservation.
25 (5) The obligation of the insurer, if any, to defend or
26 continue the defense of any claim or suit under a liability
27 insurance policy shall terminate on the entry of the Order of
28 Liquidation, Rehabilitation or Conservation, except during
29 the appeal of an Order of Liquidation as provided by Section
30 190.1 or, unless upon the petition of the Director, the court
31 directs otherwise. Insureds may include in contingent claims
32 reasonable attorneys fees for services rendered subsequent to
33 the date of Liquidation, Rehabilitation or Conservation in
34 defense of claims or suits covered by the insured's policy
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1 provided such attorneys fees have actually been paid by the
2 assured and evidence of payment presented in the manner
3 required for insured's contingent claims.
4 (6) When a liquidation, rehabilitation, or conservation
5 order has been entered in a proceeding against an insurer
6 under this Code, any person who has a cause of action against
7 an insured of the insurer under an insurance policy issued by
8 the insurer shall have the right to file a claim in the
9 proceeding, regardless of the fact that the claim may be
10 contingent, and the claim may be allowed (a) if it may be
11 reasonably, inferred from proof presented upon the claim that
12 the claimant would be able to obtain a judgment upon the
13 cause of action against the insured; and (b) if the person
14 has furnished suitable proof, unless the court for good cause
15 shown shall otherwise direct, that no further valid claims
16 against the insurer arising out of the cause of action other
17 than those already presented can be made, and (c) the total
18 liability of the insurer to all claimants arising out of the
19 same act shall be no greater than its total liability would
20 be were it not in liquidation, rehabilitation, or
21 conservation.
22 (7) Contingent or unliquidated general creditors' and
23 ceding insurers' claims that are not made absolute and
24 liquidated by the last day fixed by the court pursuant to
25 subsection (4) shall be determined and allowed by estimation.
26 Any such estimate shall be based upon an actuarial evaluation
27 made with reasonable actuarial certainty or upon another
28 accepted method of valuing claims with reasonable certainty
29 and, with respect to ceding insurers' claims, may include an
30 estimate of incurred but not reported losses.
31 (8) No judgment against such an insured or an insurer
32 taken after the date of the entry of the liquidation,
33 rehabilitation, or conservation order shall be considered in
34 the proceedings as evidence of liability, or of the amount of
-726- LRB9101253EGfg
1 damages, and no judgment against an insured or an insurer
2 taken by default, or by collusion prior to the entry of the
3 liquidation order shall be considered as conclusive evidence
4 in the proceeding either of the liability of such insured to
5 such person upon such cause of action or of the amount of
6 damages to which such person is therein entitled.
7 (9) The value of securities held by secured creditors
8 shall be determined by converting the same into money
9 according to the terms of the agreement pursuant to which
10 such securities were delivered to such creditors, or by such
11 creditors and the Director by agreement, or by the court, and
12 the amount of such value shall be credited upon the claims of
13 such secured creditors and their claims allowed only for the
14 balance.
15 (10) Claims of creditors or policyholders who have
16 received preferences voidable under Section 204 or to whom
17 conveyances or transfers, assignments or incumbrances have
18 been made or given which are void under Section 204, shall
19 not be allowed unless such creditors or policyholders shall
20 surrender such preferences, conveyances, transfers,
21 assignments or incumbrances.
22 (11)(a) When the Director denies a claim or allows a
23 claim for less than the amount requested by the claimant,
24 written notice of the determination and of the right to
25 object shall be given promptly to the claimant or the
26 claimant's representative by first class mail at the address
27 shown on the proof of claim. Within 60 days from the mailing
28 of the notice, the claimant may file his written objections
29 with the Director. If no such filing is made on a timely
30 basis, the claimant may not further object to the
31 determination.
32 (b) Whenever objections are filed with the Director and
33 he does not alter his determination as a result of the
34 objection and the claimant continues to object, the Director
-727- LRB9101253EGfg
1 shall petition the court for a hearing as soon as practicable
2 and give notice of the hearing by first class mail to the
3 claimant or his representative and to any other persons known
4 by the Director to be directly affected, not less than 10
5 days before the date of the hearing.
6 (12) The Director shall review all claims duly filed in
7 the liquidation, rehabilitation, or conservation proceeding,
8 unless otherwise directed by the court, and shall make such
9 further investigation as he considers necessary. The
10 Director may compound, compromise, or in any other manner
11 negotiate the amount for which claims will be recommended to
12 the court. Unresolved disputes shall be determined under
13 subsection (11).
14 (13)(a) The Director shall present to the court reports
15 of claims reviewed under subsection (12) with his
16 recommendations as to each claim.
17 (b) The court may approve or disapprove any
18 recommendations contained in the reports of claims filed by
19 the Director, except that the Director's agreements with
20 claimants shall be accepted as final by the court on claims
21 settled for $10,000 or less.
22 (14) The changes made in this Section by this amendatory
23 Act of 1993 apply to all liquidation, rehabilitation, or
24 conservation proceedings that are pending on the effective
25 date of this amendatory Act of 1993 and to all future
26 liquidation, rehabilitation, or conservation proceedings,
27 except that the changes made to the provisions of this
28 Section by this amendatory Act of 1993 shall not apply to any
29 company ordered into liquidation on or before January 1,
30 1982.
31 (Source: P.A. 88-297; 89-206, eff. 7-21-95; revised
32 10-31-98.)
33 (215 ILCS 5/223) (from Ch. 73, par. 835)
-728- LRB9101253EGfg
1 Sec. 223. Director to value policies - Legal standard of
2 valuation.
3 (1) The Director shall annually value, or cause to be
4 valued, the reserve liabilities (hereinafter called reserves)
5 for all outstanding life insurance policies and annuity and
6 pure endowment contracts of every life insurance company
7 doing business in this State, except that in the case of an
8 alien company, such valuation shall be limited to its United
9 States business, and may certify the amount of any such
10 reserves, specifying the mortality table or tables, rate or
11 rates of interest, and methods (net level premium method or
12 other) used in the calculation of such reserves. In
13 calculating such reserves, he may use group methods and
14 approximate averages for fractions of a year or otherwise. In
15 lieu of the valuation of the reserves herein required of any
16 foreign or alien company, he may accept any valuation made,
17 or caused to be made, by the insurance supervisory official
18 of any state or other jurisdiction when such valuation
19 complies with the minimum standard herein provided and if the
20 official of such state or jurisdiction accepts as sufficient
21 and valid for all legal purposes the certificate of valuation
22 of the Director when such certificate states the valuation to
23 have been made in a specified manner according to which the
24 aggregate reserves would be at least as large as if they had
25 been computed in the manner prescribed by the law of that
26 state or jurisdiction.
27 Any such company which at any time has adopted any
28 standard of valuation producing greater aggregate reserves
29 than those calculated according to the minimum standard
30 herein provided may, with the approval of the Director, adopt
31 any lower standard of valuation, but not lower than the
32 minimum herein provided, however, that, for the purposes of
33 this subsection, the holding of additional reserves
34 previously determined by a qualified actuary to be necessary
-729- LRB9101253EGfg
1 to render the opinion required by subsection (1a) shall not
2 be deemed to be the adoption of a higher standard of
3 valuation. In the valuation of policies the Director shall
4 give no consideration to, nor make any deduction because of,
5 the existence or the possession by the company of
6 (a) policy liens created by any agreement given or
7 assented to by any assured subsequent to July 1, 1937,
8 for which liens such assured has not received cash or
9 other consideration equal in value to the amount of such
10 liens, or
11 (b) policy liens created by any agreement entered
12 into in violation of section 232 unless the agreement
13 imposing or creating such liens has been approved by a
14 Court in a proceeding under Article XIII, or in the case
15 of a foreign or alien company has been approved by a
16 court in a rehabilitation or liquidation proceeding or by
17 the insurance official of its domiciliary state or
18 country, in accordance with the laws thereof.
19 (1a) This subsection shall become operative at the end
20 of the first full calendar year following the effective date
21 of this amendatory Act of 1991.
22 (A) General.
23 (1) Every life insurance company doing
24 business in this State shall annually submit the
25 opinion of a qualified actuary as to whether the
26 reserves and related actuarial items held in support
27 of the policies and contracts specified by the
28 Director by regulation are computed appropriately,
29 are based on assumptions that satisfy contractual
30 provisions, are consistent with prior reported
31 amounts and comply with applicable laws of this
32 State. The Director by regulation shall define the
33 specifics of this opinion and add any other items
34 deemed to be necessary to its scope.
-730- LRB9101253EGfg
1 (2) The opinion shall be submitted with the
2 annual statement reflecting the valuation of reserve
3 liabilities for each year ending on or after
4 December 31, 1992.
5 (3) The opinion shall apply to all business in
6 force including individual and group health
7 insurance plans, in form and substance acceptable to
8 the Director as specified by regulation.
9 (4) The opinion shall be based on standards
10 adopted from time to time by the Actuarial Standards
11 Board and on additional standards as the Director
12 may by regulation prescribe.
13 (5) In the case of an opinion required to be
14 submitted by a foreign or alien company, the
15 Director may accept the opinion filed by that
16 company with the insurance supervisory official of
17 another state if the Director determines that the
18 opinion reasonably meets the requirements applicable
19 to a company domiciled in this State.
20 (6) For the purpose of this Section,
21 "qualified actuary" means a member in good standing
22 of the American Academy of Actuaries who meets the
23 requirements set forth in its regulations.
24 (7) Except in cases of fraud or willful
25 misconduct, the qualified actuary shall not be
26 liable for damages to any person (other than the
27 insurance company and the Director) for any act,
28 error, omission, decision or conduct with respect to
29 the actuary's opinion.
30 (8) Disciplinary action by the Director
31 against the company or the qualified actuary shall
32 be defined in regulations by the Director.
33 (9) A memorandum, in form and substance
34 acceptable to the Director as specified by
-731- LRB9101253EGfg
1 regulation, shall be prepared to support each
2 actuarial opinion.
3 (10) If the insurance company fails to provide
4 a supporting memorandum at the request of the
5 Director within a period specified by regulation or
6 the Director determines that the supporting
7 memorandum provided by the insurance company fails
8 to meet the standards prescribed by the regulations
9 or is otherwise unacceptable to the Director, the
10 Director may engage a qualified actuary at the
11 expense of the company to review the opinion and the
12 basis for the opinion and prepare the supporting
13 memorandum as is required by the Director.
14 (11) Any memorandum in support of the opinion,
15 and any other material provided by the company to
16 the Director in connection therewith, shall be kept
17 confidential by the Director and shall not be made
18 public and shall not be subject to subpoena, other
19 than for the purpose of defending an action seeking
20 damages from any person by reason of any action
21 required by this Section or by regulations
22 promulgated hereunder; provided, however, that the
23 memorandum or other material may otherwise be
24 released by the Director (a) with the written
25 consent of the company or (b) to the American
26 Academy of Actuaries upon request stating that the
27 memorandum or other material is required for the
28 purpose of professional disciplinary proceedings and
29 setting forth procedures satisfactory to the
30 Director for preserving the confidentiality of the
31 memorandum or other material. Once any portion of
32 the confidential memorandum is cited by the company
33 in its marketing or is cited before any governmental
34 agency other than a state insurance department or is
-732- LRB9101253EGfg
1 released by the company to the news media, all
2 portions of the confidential memorandum shall be no
3 longer confidential.
4 (B) Actuarial analysis of reserves and assets
5 supporting those reserves.
6 (1) Every life insurance company, except as
7 exempted by or under regulation, shall also annually
8 include in the opinion required by paragraph (A)(1)
9 of this subsection (1a), an opinion of the same
10 qualified actuary as to whether the reserves and
11 related actuarial items held in support of the
12 policies and contracts specified by the Director by
13 regulation, when considered in light of the assets
14 held by the company with respect to the reserves and
15 related actuarial items including, but not limited
16 to, the investment earnings on the assets and the
17 considerations anticipated to be received and
18 retained under the policies and contracts, make
19 adequate provision for the company's obligations
20 under the policies and contracts including, but not
21 limited to, the benefits under and expenses
22 associated with the policies and contracts.
23 (2) The Director may provide by regulation for
24 a transition period for establishing any higher
25 reserves which the qualified actuary may deem
26 necessary in order to render the opinion required by
27 this Section.
28 (2) This subsection shall apply to only those policies
29 and contracts issued prior to the operative date of section
30 229.2 (the Standard Non-forfeiture Law).
31 (a) Except as otherwise in this Article provided,
32 the legal minimum standard for valuation of contracts
33 issued before January 1, 1908, shall be the Actuaries or
34 Combined Experience Table of Mortality with interest at
-733- LRB9101253EGfg
1 4% per annum and for valuation of contracts issued on or
2 after that date shall be the American Experience Table of
3 Mortality with either Craig's or Buttolph's Extension for
4 ages under 10 and with interest at 3 1/2% per annum. The
5 legal minimum standard for the valuation of group
6 insurance policies under which premium rates are not
7 guaranteed for a period in excess of 5 years shall be the
8 American Men Ultimate Table of Mortality with interest at
9 3 1/2% per annum. Any life company may, at its option,
10 value its insurance contracts issued on or after January
11 1, 1938, in accordance with their terms on the basis of
12 the American Men Ultimate Table of Mortality with
13 interest not higher than 3 1/2% per annum.
14 (b) Policies issued prior to January 1, 1908, may
15 continue to be valued according to a method producing
16 reserves not less than those produced by the full
17 preliminary term method. Policies issued on and after
18 January 1, 1908, may be valued according to a method
19 producing reserves not less than those produced by the
20 modified preliminary term method hereinafter described in
21 paragraph (c). Policies issued on and after January 1,
22 1938, may be valued either according to a method
23 producing reserves not less than those produced by such
24 modified preliminary term method or by the select and
25 ultimate method on the basis that the rate of mortality
26 during the first 5 years after the issuance of such
27 contracts respectively shall be calculated according to
28 the following percentages of rates shown by the American
29 Experience Table of Mortality:
30 (i) first insurance year 50% thereof;
31 (ii) second insurance year 65% thereof;
32 (iii) third insurance year 75% thereof;
33 (iv) fourth insurance year 85% thereof;
34 (v) fifth insurance year 95% thereof;
-734- LRB9101253EGfg
1 (c) If the premium charged for the first policy
2 year under a limited payment life preliminary term policy
3 providing for the payment of all premiums thereon in less
4 than 20 years from the date of the policy or under an
5 endowment preliminary term policy, exceeds that charged
6 for the first policy year under 20 payment life
7 preliminary term policies of the same company, the
8 reserve thereon at the end of any year, including the
9 first, shall not be less than the reserve on a 20 payment
10 life preliminary term policy issued in the same year at
11 the same age, together with an amount which shall be
12 equivalent to the accumulation of a net level premium
13 sufficient to provide for a pure endowment at the end of
14 the premium payment period, equal to the difference
15 between the value at the end of such period of such a 20
16 payment life preliminary term policy and the full net
17 level premium reserve at such time of such a limited
18 payment life or endowment policy. The premium payment
19 period is the period during which premiums are
20 concurrently payable under such 20 payment life
21 preliminary term policy and such limited payment life or
22 endowment policy.
23 (d) The legal minimum standard for the valuations
24 of annuities issued on and after January 1, 1938, shall
25 be the American Annuitant's Table with interest not
26 higher than 3 3/4% per annum, and all annuities issued
27 before that date shall be valued on a basis not lower
28 than that used for the annual statement of the year 1937;
29 but annuities deferred 10 or more years and written in
30 connection with life insurance shall be valued on the
31 same basis as that used in computing the consideration or
32 premiums therefor, or upon any higher standard at the
33 option of the company.
34 (e) The Director may vary the standards of interest
-735- LRB9101253EGfg
1 and mortality as to contracts issued in countries other
2 than the United States and may vary standards of
3 mortality in particular cases of invalid lives and other
4 extra hazards.
5 (f) The legal minimum standard for valuation of
6 waiver of premium disability benefits or waiver of
7 premium and income disability benefits issued on and
8 after January 1, 1938, shall be the Class (3) Disability
9 Table (1926) modified to conform to the contractual
10 waiting period, with interest at not more than 3 1/2% per
11 annum; but in no event shall the values be less than
12 those produced by the basis used in computing premiums
13 for such benefits. The legal minimum standard for the
14 valuation of such benefits issued prior to January 1,
15 1938, shall be such as to place an adequate value, as
16 determined by sound insurance practices, on the
17 liabilities thereunder and shall be such that the value
18 of the benefits under each and every policy shall in no
19 case be less than the value placed upon the future
20 premiums.
21 (g) The legal minimum standard for the valuation of
22 industrial policies issued on or after January 1, 1938,
23 shall be the American Experience Table of Mortality or
24 the Standard Industrial Mortality Table or the
25 Substandard Industrial Mortality Table with interest at 3
26 1/2% per annum by the net level premium method, or in
27 accordance with their terms by the modified preliminary
28 term method hereinabove described.
29 (h) Reserves for all such policies and contracts
30 may be calculated, at the option of the company,
31 according to any standards which produce greater
32 aggregate reserves for all such policies and contracts
33 than the minimum reserves required by this subsection.
34 (3) This subsection shall apply to only those policies
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1 and contracts issued on or after January 1, 1948 or such
2 earlier operative date of Section 229.2 (the Standard
3 Non-forfeiture Law) as shall have been elected by the
4 insurance company issuing such policies or contracts.
5 (a) Except as otherwise provided in subsections
6 (4), (6), and (7), the minimum standard for the valuation
7 of all such policies and contracts shall be the
8 Commissioners Reserve valuation method defined in
9 paragraphs (b) and (f) of this subsection and in
10 subsection 5, 3 1/2% interest for such policies issued
11 prior to September 8, 1977, 5 1/2% interest for single
12 premium life insurance policies and 4 1/2% interest for
13 all other such policies issued on or after September 8,
14 1977, and the following tables:
15 (i) The Commissioners 1941 Standard Ordinary
16 Mortality Table for all Ordinary policies of life
17 insurance issued on the standard basis, excluding
18 any disability and accidental death benefits in such
19 policies, for such policies issued prior to the
20 operative date of subsection (4a) of Section 229.2
21 (Standard Non-forfeiture Law); and the Commissioners
22 1958 Standard Ordinary Mortality Table for such
23 policies issued on or after such operative date but
24 prior to the operative date of subsection (4c) of
25 Section 229.2 provided that for any category of such
26 policies issued on female risks all modified net
27 premiums and present values referred to in this Act
28 may, prior to September 8, 1977, be calculated
29 according to an age not more than 3 years younger
30 than the actual age of the insured and, after
31 September 8, 1977, calculated according to an age
32 not more than 6 years younger than the actual age of
33 the insured; and for such policies issued on or
34 after the operative date of subsection (4c) of
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1 Section 229.2, (i) the Commissioners 1980 Standard
2 Ordinary Mortality Table, or (ii) at the election of
3 the company for any one or more specified plans of
4 life insurance, the Commissioners 1980 Standard
5 Ordinary Mortality Table with Ten-Year Select
6 Mortality Factors, or (iii) any ordinary mortality
7 table adopted after 1980 by the National Association
8 of Insurance Commissioners and approved by
9 regulations promulgated by the Director for use in
10 determining the minimum standard of valuation for
11 such policies.
12 (ii) For all Industrial Life Insurance
13 policies issued on the standard basis, excluding any
14 disability and accidental death benefits in such
15 policies--the 1941 Standard Industrial Mortality
16 Table for such policies issued prior to the
17 operative date of subsection 4 (b) of Section 229.2
18 (Standard Non-forfeiture Law); and for such policies
19 issued on or after such operative date the
20 Commissioners 1961 Standard Industrial Mortality
21 Table or any industrial mortality table adopted
22 after 1980 by the National Association of Insurance
23 Commissioners and approved by regulations
24 promulgated by the Director for use in determining
25 the minimum standard of valuation for such policies.
26 (iii) For Individual Annuity and Pure
27 Endowment contracts, excluding any disability and
28 accidental death benefits in such policies--the 1937
29 Standard Annuity Mortality Table--or, at the option
30 of the company, the Annuity Mortality Table for
31 1949, Ultimate, or any modification of either of
32 these tables approved by the Director.
33 (iv) For Group Annuity and Pure Endowment
34 contracts, excluding any disability and accidental
-738- LRB9101253EGfg
1 death benefits in such policies--the Group Annuity
2 Mortality Table for 1951, any modification of such
3 table approved by the Director, or, at the option of
4 the company, any of the tables or modifications of
5 tables specified for Individual Annuity and Pure
6 Endowment contracts.
7 (v) For Total and Permanent Disability
8 Benefits in or supplementary to Ordinary policies or
9 contracts for policies or contracts issued on or
10 after January 1, 1966, the tables of Period 2
11 disablement rates and the 1930 to 1950 termination
12 rates of the 1952 Disability Study of the Society of
13 Actuaries, with due regard to the type of benefit,
14 or any tables of disablement rates and termination
15 rates adopted after 1980 by the National Association
16 of Insurance Commissioners and approved by
17 regulations promulgated by the Director for use in
18 determining the minimum standard of valuation for
19 such policies; for policies or contracts issued on
20 or after January 1, 1961, and prior to January 1,
21 1966, either such tables or, at the option of the
22 company, the Class (3) Disability Table (1926); and
23 for policies issued prior to January 1, 1961, the
24 Class (3) Disability Table (1926). Any such table
25 shall, for active lives, be combined with a
26 mortality table permitted for calculating the
27 reserves for life insurance policies.
28 (vi) For Accidental Death benefits in or
29 supplementary to policies--for policies issued on or
30 after January 1, 1966, the 1959 Accidental Death
31 Benefits Table or any accidental death benefits
32 table adopted after 1980 by the National Association
33 of Insurance Commissioners and approved by
34 regulations promulgated by the Director for use in
-739- LRB9101253EGfg
1 determining the minimum standard of valuation for
2 such policies; for policies issued on or after
3 January 1, 1961, and prior to January 1, 1966, any
4 of such tables or, at the option of the company, the
5 Inter-Company Double Indemnity Mortality Table; and
6 for policies issued prior to January 1, 1961, the
7 Inter-Company Double Indemnity Mortality Table.
8 Either table shall be combined with a mortality
9 table permitted for calculating the reserves for
10 life insurance policies.
11 (vii) For Group Life Insurance, life insurance
12 issued on the substandard basis and other special
13 benefits--such tables as may be approved by the
14 Director.
15 (b) Except as otherwise provided in paragraph (f)
16 of subsection (3), subsection (5), and subsection (7)
17 reserves according to the Commissioners reserve valuation
18 method, for the life insurance and endowment benefits of
19 policies providing for a uniform amount of insurance and
20 requiring the payment of uniform premiums shall be the
21 excess, if any, of the present value, at the date of
22 valuation, of such future guaranteed benefits provided
23 for by such policies, over the then present value of any
24 future modified net premiums therefor. The modified net
25 premiums for any such policy shall be such uniform
26 percentage of the respective contract premiums for such
27 benefits that the present value, at the date of issue of
28 the policy, of all such modified net premiums shall be
29 equal to the sum of the then present value of such
30 benefits provided for by the policy and the excess of (A)
31 over (B), as follows:
32 (A) A net level annual premium equal to the
33 present value, at the date of issue, of such
34 benefits provided for after the first policy year,
-740- LRB9101253EGfg
1 divided by the present value, at the date of issue,
2 of an annuity of one per annum payable on the first
3 and each subsequent anniversary of such policy on
4 which a premium falls due; provided, however, that
5 such net level annual premium shall not exceed the
6 net level annual premium on the 19 year premium
7 whole life plan for insurance of the same amount at
8 an age one year higher than the age at issue of such
9 policy.
10 (B) A net one year term premium for such
11 benefits provided for in the first policy year.
12 For any life insurance policy issued on or after
13 January 1, 1987, for which the contract premium in the
14 first policy year exceeds that of the second year with no
15 comparable additional benefit being provided in that
16 first year, which policy provides an endowment benefit or
17 a cash surrender value or a combination thereof in an
18 amount greater than such excess premium, the reserve
19 according to the Commissioners reserve valuation method
20 as of any policy anniversary occurring on or before the
21 assumed ending date, defined herein as the first policy
22 anniversary on which the sum of any endowment benefit and
23 any cash surrender value then available is greater than
24 such excess premium, shall, except as otherwise provided
25 in paragraph (f) of subsection (3), be the greater of the
26 reserve as of such policy anniversary calculated as
27 described in the preceding part of this paragraph (b) and
28 the reserve as of such policy anniversary calculated as
29 described in the preceding part of this paragraph (b)
30 with (i) the value defined in subpart A of the preceding
31 part of this paragraph (b) being reduced by 15% of the
32 amount of such excess first year premium, (ii) all
33 present values of benefits and premiums being determined
34 without reference to premiums or benefits provided for by
-741- LRB9101253EGfg
1 the policy after the assumed ending date, (iii) the
2 policy being assumed to mature on such date as an
3 endowment, and (iv) the cash surrender value provided on
4 such date being considered as an endowment benefit. In
5 making the above comparison, the mortality and interest
6 bases stated in paragraph (a) of subsection (3) and in
7 subsection 6 shall be used.
8 Reserves according to the Commissioners reserve
9 valuation method for (i) life insurance policies
10 providing for a varying amount of insurance or requiring
11 the payment of varying premiums, (ii) group annuity and
12 pure endowment contracts purchased under a retirement
13 plan or plan of deferred compensation, established or
14 maintained by an employer (including a partnership or
15 sole proprietorship) or by an employee organization, or
16 by both, other than a plan providing individual
17 retirement accounts or individual retirement annuities
18 under Section 408 of the Internal Revenue Code, as now or
19 hereafter amended, (iii) disability and accidental death
20 benefits in all policies and contracts, and (iv) all
21 other benefits, except life insurance and endowment
22 benefits in life insurance policies and benefits provided
23 by all other annuity and pure endowment contracts, shall
24 be calculated by a method consistent with the principles
25 of this paragraph (b), except that any extra premiums
26 charged because of impairments or special hazards shall
27 be disregarded in the determination of modified net
28 premiums.
29 (c) In no event shall a company's aggregate
30 reserves for all life insurance policies, excluding
31 disability and accidental death benefits be less than the
32 aggregate reserves calculated in accordance with the
33 methods set forth in paragraphs (b), (f), and (g) of
34 subsection (3) and in subsection (5) and the mortality
-742- LRB9101253EGfg
1 table or tables and rate or rates of interest used in
2 calculating non-forfeiture benefits for such policies.
3 (d) In no event shall the aggregate reserves for
4 all policies, contracts, and benefits be less than the
5 aggregate reserves determined by the qualified actuary to
6 be necessary to render the opinion required by subsection
7 (1a).
8 (e) Reserves for any category of policies,
9 contracts or benefits as established by the Director, may
10 be calculated, at the option of the company, according to
11 any standards which produce greater aggregate reserves
12 for such category than those calculated according to the
13 minimum standard herein provided, but the rate or rates
14 of interest used for policies and contracts, other than
15 annuity and pure endowment contracts, shall not be higher
16 than the corresponding rate or rates of interest used in
17 calculating any nonforfeiture benefits provided for
18 therein.
19 (f) If in any contract year the gross premium
20 charged by any life insurance company on any policy or
21 contract is less than the valuation net premium for the
22 policy or contract calculated by the method used in
23 calculating the reserve thereon but using the minimum
24 valuation standards of mortality and rate of interest,
25 the minimum reserve required for such policy or contract
26 shall be the greater of either the reserve calculated
27 according to the mortality table, rate of interest, and
28 method actually used for such policy or contract, or the
29 reserve calculated by the method actually used for such
30 policy or contract but using the minimum standards of
31 mortality and rate of interest and replacing the
32 valuation net premium by the actual gross premium in each
33 contract year for which the valuation net premium exceeds
34 the actual gross premium. The minimum valuation
-743- LRB9101253EGfg
1 standards of mortality and rate of interest referred to
2 in this paragraph (f) are those standards stated in
3 subsection (6) and paragraph (a) of subsection (3).
4 For any life insurance policy issued on or after
5 January 1, 1987, for which the gross premium in the first
6 policy year exceeds that of the second year with no
7 comparable additional benefit provided in that first
8 year, which policy provides an endowment benefit or a
9 cash surrender value or a combination thereof in an
10 amount greater than such excess premium, the foregoing
11 provisions of this paragraph (f) shall be applied as if
12 the method actually used in calculating the reserve for
13 such policy were the method described in paragraph (b) of
14 subsection (3), ignoring the second paragraph of said
15 paragraph (b). The minimum reserve at each policy
16 anniversary of such a policy shall be the greater of the
17 minimum reserve calculated in accordance with paragraph
18 (b) of subsection (3), including the second paragraph of
19 said paragraph (b), and the minimum reserve calculated in
20 accordance with this paragraph (f).
21 (g) In the case of any plan of life insurance which
22 provides for future premium determination, the amounts of
23 which are to be determined by the insurance company based
24 on then estimates of future experience, or in the case of
25 any plan of life insurance or annuity which is of such a
26 nature that the minimum reserves cannot be determined by
27 the methods described in paragraphs (b) and (f) of
28 subsection (3) and subsection (5), the reserves which are
29 held under any such plan shall:
30 (i) be appropriate in relation to the benefits
31 and the pattern of premiums for that plan, and
32 (ii) be computed by a method which is
33 consistent with the principles of this Standard
34 Valuation Law, as determined by regulations
-744- LRB9101253EGfg
1 promulgated by the Director.
2 (4) Except as provided in subsection (6), the minimum
3 standard for the valuation of all individual annuity and pure
4 endowment contracts issued on or after the operative date of
5 this subsection, as defined herein, and for all annuities and
6 pure endowments purchased on or after such operative date
7 under group annuity and pure endowment contracts shall be the
8 Commissioners Reserve valuation methods defined in paragraph
9 (b) of subsection (3) and subsection (5) and the following
10 tables and interest rates:
11 (a) For individual single premium immediate annuity
12 contracts, excluding any disability and accidental death
13 benefits in such contracts, the 1971 Individual Annuity
14 Mortality Table, any individual annuity mortality table
15 adopted after 1980 by the National Association of
16 Insurance Commissioners and approved by regulations
17 promulgated by the Director for use in determining the
18 minimum standard of valuation for such contracts, or any
19 modification of those tables approved by the Director,
20 and 7 1/2% interest.
21 (b) For individual and pure endowment contracts
22 other than single premium annuity contracts, excluding
23 any disability and accidental death benefits in such
24 contracts, the 1971 Individual Annuity Mortality Table,
25 any individual annuity mortality table adopted after 1980
26 by the National Association of Insurance Commissioners
27 and approved by regulations promulgated by the Director
28 for use in determining the minimum standard of valuation
29 for such contracts, or any modification of those tables
30 approved by the Director, and 5 1/2% interest for single
31 premium deferred annuity and pure endowment contracts and
32 4 1/2% interest for all other such individual annuity and
33 pure endowment contracts.
34 (c) For all annuities and pure endowments purchased
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1 under group annuity and pure endowment contracts,
2 excluding any disability and accidental death benefits
3 purchased under such contracts, the 1971 Group Annuity
4 Mortality Table, any group annuity mortality table
5 adopted after 1980 by the National Association of
6 Insurance Commissioners and approved by regulations
7 promulgated by the Director for use in determining the
8 minimum standard of valuation for such annuities and pure
9 endowments, or any modification of those tables approved
10 by the Director, and 7 1/2% interest.
11 After September 8, 1977, any company may file with the
12 Director a written notice of its election to comply with the
13 provisions of this subsection after a specified date before
14 January 1, 1979, which shall be the operative date of this
15 subsection for such company; provided, a company may elect a
16 different operative date for individual annuity and pure
17 endowment contracts from that elected for group annuity and
18 pure endowment contracts. If a company makes no election,
19 the operative date of this subsection for such company shall
20 be January 1, 1979.
21 (5) This subsection shall apply to all annuity and pure
22 endowment contracts other than group annuity and pure
23 endowment contracts purchased under a retirement plan or plan
24 of deferred compensation, established or maintained by an
25 employer (including a partnership or sole proprietorship) or
26 by an employee organization, or by both, other than a plan
27 providing individual retirement accounts or individual
28 retirement annuities under Section 408 of the Internal
29 Revenue Code, as now or hereafter amended.
30 Reserves according to the Commissioners annuity reserve
31 method for benefits under annuity or pure endowment
32 contracts, excluding any disability and accidental death
33 benefits in such contracts, shall be the greatest of the
34 respective excesses of the present values, at the date of
-746- LRB9101253EGfg
1 valuation, of the future guaranteed benefits, including
2 guaranteed nonforfeiture benefits, provided for by such
3 contracts at the end of each respective contract year, over
4 the present value, at the date of valuation, of any future
5 valuation considerations derived from future gross
6 considerations, required by the terms of such contract, that
7 become payable prior to the end of such respective contract
8 year. The future guaranteed benefits shall be determined by
9 using the mortality table, if any, and the interest rate, or
10 rates, specified in such contracts for determining guaranteed
11 benefits. The valuation considerations are the portions of
12 the respective gross considerations applied under the terms
13 of such contracts to determine nonforfeiture values.
14 (6) (a) Applicability of this subsection. (i) The
15 interest rates used in determining the minimum standard
16 for the valuation of
17 (A) all life insurance policies issued in a
18 particular calendar year, on or after the operative
19 date of subsection (4c) of Section 229.2 292.2
20 (Standard Nonforfeiture Law),
21 (B) all individual annuity and pure endowment
22 contracts issued in a particular calendar year
23 ending on or after December 31, 1983,
24 (C) all annuities and pure endowments
25 purchased in a particular calendar year ending on or
26 after December 31, 1983, under group annuity and
27 pure endowment contracts, and
28 (D) the net increase in a particular calendar
29 year ending after December 31, 1983, in amounts held
30 under guaranteed interest contracts
31 shall be the calendar year statutory valuation interest
32 rates, as defined in this subsection.
33 (b) Calendar Year Statutory Valuation Interest
34 Rates.
-747- LRB9101253EGfg
1 (i) The calendar year statutory valuation
2 interest rates shall be determined according to the
3 following formulae, rounding "I" to the nearest
4 .25%.
5 (A) For life insurance,
6 I = .03 + W (R1 - .03) + W/2 (R2 - .09).
7 (B) For single premium immediate
8 annuities and annuity benefits involving life
9 contingencies arising from other annuities with
10 cash settlement options and from guaranteed
11 interest contracts with cash settlement
12 options,
13 I = .03 + W (R - .03) or with prior
14 approval of the Director I = .03 + W (Rq -
15 .03).
16 For the purposes of this subparagraph (i), "I"
17 equals the calendar year statutory valuation
18 interest rate, "R" is the reference interest rate
19 defined in this subsection, "R1" is the lesser of R
20 and .09, "R2" is the greater of R and .09, "Rq" is
21 the quarterly reference interest rate defined in
22 this subsection, and "W" is the weighting factor
23 defined in this subsection.
24 (C) For other annuities with cash
25 settlement options and guaranteed interest
26 contracts with cash settlement options, valued
27 on an issue year basis, except as stated in
28 (B), the formula for life insurance stated in
29 (A) applies to annuities and guaranteed
30 interest contracts with guarantee durations in
31 excess of 10 years, and the formula for single
32 premium immediate annuities stated in (B) above
33 applies to annuities and guaranteed interest
34 contracts with guarantee durations of 10 years
-748- LRB9101253EGfg
1 or less.
2 (D) For other annuities with no cash
3 settlement options and for guaranteed interest
4 contracts with no cash settlement options, the
5 formula for single premium immediate annuities
6 stated in (B) applies.
7 (E) For other annuities with cash
8 settlement options and guaranteed interest
9 contracts with cash settlement options, valued
10 on a change in fund basis, the formula for
11 single premium immediate annuities stated in
12 (B) applies.
13 (ii) If the calendar year statutory valuation
14 interest rate for any life insurance policy issued
15 in any calendar year determined without reference to
16 this subparagraph differs from the corresponding
17 actual rate for similar policies issued in the
18 immediately preceding calendar year by less than
19 .5%, the calendar year statutory valuation interest
20 rate for such life insurance policy shall be the
21 corresponding actual rate for the immediately
22 preceding calendar year. For purposes of applying
23 this subparagraph, the calendar year statutory
24 valuation interest rate for life insurance policies
25 issued in a calendar year shall be determined for
26 1980, using the reference interest rate defined for
27 1979, and shall be determined for each subsequent
28 calendar year regardless of when subsection (4c) of
29 Section 229.2 (Standard Nonforfeiture Law) becomes
30 operative.
31 (c) Weighting Factors.
32 (i) The weighting factors referred to in the
33 formulae stated in paragraph (b) are given in the
34 following tables.
-749- LRB9101253EGfg
1 (A) Weighting Factors for Life Insurance.
2 Guarantee Weighting
3 Duration Factors
4 (Years)
5 10 or less .50
6 More than 10, but not more than 20 .45
7 More than 20 .35
8 For life insurance, the guarantee duration
9 is the maximum number of years the life
10 insurance can remain in force on a basis
11 guaranteed in the policy or under options to
12 convert to plans of life insurance with premium
13 rates or nonforfeiture values or both which are
14 guaranteed in the original policy.
15 (B) The weighting factor for single
16 premium immediate annuities and for annuity
17 benefits involving life contingencies arising
18 from other annuities with cash settlement
19 options and guaranteed interest contracts with
20 cash settlement options is .80.
21 (C) The weighting factors for other
22 annuities and for guaranteed interest
23 contracts, except as stated in (B) of this
24 subparagraph (i), shall be as specified in
25 tables (1), (2), and (3) of this subpart (C),
26 according to the rules and definitions in (4),
27 (5) and (6) of this subpart (C).
28 (1) For annuities and guaranteed interest
29 contracts valued on an issue year basis.
30 Guarantee Weighting Factor
31 Duration for Plan Type
32 (Years) A B C
33 5 or less. .80 .60 .50
34 More than 5, but not
-750- LRB9101253EGfg
1 more than 10. .75 .60 .50
2 More than 10, but not
3 more than 20. .65 .50 .45
4 More than 20. .45 .35 .35
5 (2) For annuities and guaranteed interest
6 contracts valued on a change in fund basis, the
7 factors shown in (1) for Plan Types A, B and C
8 are increased by .15, .25 and .05,
9 respectively.
10 (3) For annuities and guaranteed interest
11 contracts valued on an issue year basis, other
12 than those with no cash settlement options,
13 which do not guarantee interest on
14 considerations received more than one year
15 after issue or purchase, and for annuities and
16 guaranteed interest contracts valued on a
17 change in fund basis which do not guarantee
18 interest rates on considerations received more
19 than 12 months beyond the valuation date, the
20 factors shown in (1), or derived in (2), for
21 Plan Types A, B and C are increased by .05.
22 (4) For other annuities with cash
23 settlement options and guaranteed interest
24 contracts with cash settlement options, the
25 guarantee duration is the number of years for
26 which the contract guarantees interest rates in
27 excess of the calendar year statutory valuation
28 interest rate for life insurance policies with
29 guarantee durations in excess of 20 years. For
30 other annuities with no cash settlement
31 options, and for guaranteed interest contracts
32 with no cash settlement options, the guarantee
33 duration is the number of years from the date
34 of issue or date of purchase to the date
-751- LRB9101253EGfg
1 annuity benefits are scheduled to commence.
2 (5) The plan types used in the above
3 tables are defined as follows.
4 Plan Type A is a plan under which the
5 policyholder may not withdraw funds, or may
6 withdraw funds at any time but only (a) with an
7 adjustment to reflect changes in interest rates
8 or asset values since receipt of the funds by
9 the insurance company, (b) without such an
10 adjustment but in installments over 5 years or
11 more, or (c) as an immediate life annuity.
12 Plan Type B is a plan under which the
13 policyholder may not withdraw funds before
14 expiration of the interest rate guarantee, or
15 may withdraw funds before such expiration but
16 only (a) with an adjustment to reflect changes
17 in interest rates or asset values since receipt
18 of the funds by the insurance company, or (b)
19 without such adjustment but in installments
20 over 5 years or more. At the end of the
21 interest rate guarantee, funds may be withdrawn
22 without such adjustment in a single sum or
23 installments over less than 5 years.
24 Plan Type C is a plan under which the
25 policyholder may withdraw funds before
26 expiration of the interest rate guarantee in a
27 single sum or installments over less than 5
28 years either (a) without adjustment to reflect
29 changes in interest rates or asset values since
30 receipt of the funds by the insurance company,
31 or (b) subject only to a fixed surrender charge
32 stipulated in the contract as a percentage of
33 the fund.
34 (6) A company may elect to value
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1 guaranteed interest contracts with cash
2 settlement options and annuities with cash
3 settlement options on either an issue year
4 basis or on a change in fund basis. Guaranteed
5 interest contracts with no cash settlement
6 options and other annuities with no cash
7 settlement options shall be valued on an issue
8 year basis. As used in this Section, "issue
9 year basis of valuation" refers to a valuation
10 basis under which the interest rate used to
11 determine the minimum valuation standard for
12 the entire duration of the annuity or
13 guaranteed interest contract is the calendar
14 year valuation interest rate for the year of
15 issue or year of purchase of the annuity or
16 guaranteed interest contract. "Change in fund
17 basis of valuation", as used in this Section,
18 refers to a valuation basis under which the
19 interest rate used to determine the minimum
20 valuation standard applicable to each change in
21 the fund held under the annuity or guaranteed
22 interest contract is the calendar year
23 valuation interest rate for the year of the
24 change in the fund.
25 (d) Reference Interest Rate. (i) The reference
26 interest rate referred to in paragraph (b) of this
27 subsection is defined as follows.
28 (A) For all life insurance, the reference
29 interest rate is the lesser of the average over a
30 period of 36 months, and the average over a period
31 of 12 months, with both periods ending on June 30,
32 or with prior approval of the Director ending on
33 December 31, of the calendar year next preceding the
34 year of issue, of Moody's Corporate Bond Yield
-753- LRB9101253EGfg
1 Average - Monthly Average Corporates, as published
2 by Moody's Investors Service, Inc.
3 (B) For single premium immediate annuities and
4 for annuity benefits involving life contingencies
5 arising from other annuities with cash settlement
6 options and guaranteed interest contracts with cash
7 settlement options, the reference interest rate is
8 the average over a period of 12 months, ending on
9 June 30, or with prior approval of the Director
10 ending on December 31, of the calendar year of issue
11 or year of purchase, of Moody's Corporate Bond Yield
12 Average - Monthly Average Corporates, as published
13 by Moody's Investors Service, Inc.
14 (C) For annuities with cash settlement options
15 and guaranteed interest contracts with cash
16 settlement options, valued on a year of issue basis,
17 except those described in (B), with guarantee
18 durations in excess of 10 years, the reference
19 interest rate is the lesser of the average over a
20 period of 36 months and the average over a period of
21 12 months, ending on June 30, or with prior approval
22 of the Director ending on December 31, of the
23 calendar year of issue or purchase, of Moody's
24 Corporate Bond Yield Average-Monthly Average
25 Corporates, as published by Moody's Investors
26 Service, Inc.
27 (D) For other annuities with cash settlement
28 options and guaranteed interest contracts with cash
29 settlement options, valued on a year of issue basis,
30 except those described in (B), with guarantee
31 durations of 10 years or less, the reference
32 interest rate is the average over a period of 12
33 months, ending on June 30, or with prior approval of
34 the Director ending on December 31, of the calendar
-754- LRB9101253EGfg
1 year of issue or purchase, of Moody's Corporate Bond
2 Yield Average-Monthly Average Corporates, as
3 published by Moody's Investors Service, Inc.
4 (E) For annuities with no cash settlement
5 options and for guaranteed interest contracts with
6 no cash settlement options, the reference interest
7 rate is the average over a period of 12 months,
8 ending on June 30, or with prior approval of the
9 Director ending on December 31, of the calendar year
10 of issue or purchase, of Moody's Corporate Bond
11 Yield Average-Monthly Average Corporates, as
12 published by Moody's Investors Service, Inc.
13 (F) For annuities with cash settlement options
14 and guaranteed interest contracts with cash
15 settlement options, valued on a change in fund
16 basis, except those described in (B), the reference
17 interest rate is the average over a period of 12
18 months, ending on June 30, or with prior approval of
19 the Director ending on December 31, of the calendar
20 year of the change in the fund, of Moody's Corporate
21 Bond Yield Average-Monthly Average Corporates, as
22 published by Moody's Investors Service, Inc.
23 (G) For annuities valued by a formula based on
24 Rq, the quarterly reference interest rate is, with
25 the prior approval of the Director, the average
26 within each of the 4 consecutive calendar year
27 quarters ending on March 31, June 30, September 30
28 and December 31 of the calendar year of issue or
29 year of purchase of Moody's Corporate Bond Yield
30 Average-Monthly Average Corporates, as published by
31 Moody's Investors Service, Inc.
32 (e) Alternative Method for Determining Reference
33 Interest Rates. In the event that the Moody's Corporate
34 Bond Yield Average-Monthly Average Corporates is no
-755- LRB9101253EGfg
1 longer published by Moody's Investors Services, Inc., or
2 in the event that the National Association of Insurance
3 Commissioners determines that Moody's Corporate Bond
4 Yield Average-Monthly Average Corporates as published by
5 Moody's Investors Service, Inc. is no longer appropriate
6 for the determination of the reference interest rate,
7 then an alternative method for determination of the
8 reference interest rate, which is adopted by the National
9 Association of Insurance Commissioners and approved by
10 regulations promulgated by the Director, may be
11 substituted.
12 (7) Minimum Standards for Health (Disability, Accident
13 and Sickness) Plans. The Director shall promulgate a
14 regulation containing the minimum standards applicable to the
15 valuation of health (disability, sickness and accident)
16 plans.
17 (Source: P.A. 87-108; revised 10-31-98.)
18 (215 ILCS 5/267) (from Ch. 73, par. 879)
19 Sec. 267. Subscription requirements - Surplus.
20 (1) No assessment legal reserve life company shall
21 receive a certificate of authority from the Director to
22 transact an insurance business unless it has 250 bona fide
23 applications from 250 persons for life insurance in the
24 aggregate of at least $125,000 and shall have a surplus of at
25 least $100,000.
26 (2) No such company shall be authorized to transact
27 business of the kind specified in clause (b) of Class 1 of
28 Section 4 until it:
29 (a) has qualified as prescribed in subsection (1)
30 of this Section;
31 (b) obtains bona fide applications from at least
32 500 persons for insurance of the kind specified in clause
33 (b) of Class 1 of Section 4, for not less than $500 500
-756- LRB9101253EGfg
1 nor more than $1,000 of maximum liability each;
2 (c) collects one full annual premium in cash on
3 each application; and
4 (d) has a surplus, in addition to the requirement
5 of subsection (1), of at least $100,000.
6 (3) Every company subject to the provisions of this
7 Article and organized on or after July 15, 1959, shall have
8 and at all times maintain a minimum surplus in an amount
9 equal to 2/3 of the original surplus required by subsections
10 (1) and (2), provided, however, that any such company
11 organized prior to July 15, 1959, shall have and at all times
12 maintain a minimum surplus in an amount equal to that which
13 would have been required immediately prior to July 15, 1959.
14 (4) All companies operating under this Article XVI and
15 authorized to transact any of the types of business
16 enumerated in clause (b) of Class 1 of Section 4, in addition
17 to the minimum surplus required by paragraph (3) of this
18 Section, shall have and at all times maintain an additional
19 minimum surplus of not less than $250,000.
20 (5) The Director shall take action under Section 401.1
21 against any company which fails to maintain the additional
22 minimum surplus required by this Section. "Minimum surplus"
23 means the "surplus as regards policyholders", as it appears
24 on the annual statement of an assessment company on the
25 annual statement form prescribed by the National Association
26 of Insurance Commissioners.
27 (Source: P.A. 85-1186; revised 2-24-98.)
28 (215 ILCS 5/333) (from Ch. 73, par. 945)
29 Sec. 333. Membership certificate.
30 (1) Every association shall issue a certificate of
31 membership to each member. The form of certificate shall be
32 submitted to the Director for his approval before same shall
33 be issued. Each certificate issued on and after January 1,
-757- LRB9101253EGfg
1 1950, shall contain the following provisions and no others
2 and shall be printed in clear readable type of uniform sixes,
3 except that the words in capital letters in the following
4 form may be in larger type, and in the case of an association
5 issuing certificates granting only death benefits, the
6 provisions with regard to disability may be omitted:
7 ..............................
8 (A Mutual Benefit Association)
9 ..................., Illinois.
10 IN CONSIDERATION OF the membership fee, the receipt of
11 which is hereby acknowledged and the facts set out in the
12 application executed by the member, and the further payment
13 of all assessments required to be paid under the conditions
14 of this certificate, on or before the time payable during the
15 continuance of the certificate, the .... agrees to pay to
16 ...., herein called the beneficiary, if living, or to a duly
17 substituted beneficiary, otherwise to the estate of the
18 member, upon receipt at its home office in the City of ....,
19 Illinois, of due proof of death of ...., herein called the
20 member, during continuance of this certificate in full force,
21 subject, however, to the conditions and provisions
22 hereinafter set forth, in accordance with the amounts
23 scheduled below based on the age of the member at the time he
24 or she became a member.
25 In no case shall the association be liable for an amount
26 in excess of $1 per member paying the assessment levied for a
27 single claim, except to the extent of the amount in the
28 benefit fund.
29 Upon receipt of satisfactory evidence at the Home Office
30 of the Association showing that the member has lost be
31 severance, BOTH HANDS or BOTH FEET, or ONE HAND AND ONE FOOT,
32 or has permanently lost the ENTIRE SIGHT OF BOTH EYES,
33 through accidental means, independently and exclusively of
34 all other causes, within 90 days from the date of the
-758- LRB9101253EGfg
1 accident, during the continuance of this Certificate, then
2 the sum set forth in the table of benefits herein provided to
3 be paid and upon the same terms as above provided for a death
4 benefit, will be paid to said member, subject to the
5 provisions and conditions hereinafter set forth in lieu of
6 all other benefits; and should the member lose by severance
7 ONE HAND or ONE FOOT or permanently the ENTIRE SIGHT OF ONE
8 EYE, through accidental means, independently and exclusively
9 of all other causes, within 90 days from the date of the
10 accident, during the continuance of this Certificate, then
11 1/2 of the sum set forth in the table of benefits herein
12 provided will be paid to the member, subject to the
13 provisions and conditions hereinafter set forth in lieu of
14 all other benefits. Severance shall mean, in case of a foot,
15 severance at or above the ankle; in case of a hand, severance
16 at or above the wrist.
17 TABLE SHOWING AMOUNT PAYABLE AT
18 DEATH OF MEMBER ACCORDING TO
19 AGE AT TIME OF BECOMING A
20 MEMBER.
21 Age at Maximum
22 Entry Benefit
23 Nearest Birthday
24 0 to 15 yrs..................................... $ 500.00
25 Members in this class
26 upon attaining the age
27 of 16 automatically become
28 members of the next
29 succeeding class.
30 16 to 40 yrs. $500.00 for first four
31 months increasing $25.00
32 per month to..................... 1,000.00
33 41 to 45 yrs. $400.00 for first four
34 months increasing $20.00
-759- LRB9101253EGfg
1 per month to..................... 800.00
2 46 to 50 yrs. $300.00 for first four
3 months increasing $10.00
4 per month to..................... 500.00
5 51 to 55 yrs. $100.00 for first four
6 months increasing $10.00
7 per month to..................... 300.00
8 56 to 60 yrs. $100.00 for first four
9 months increasing $5.00
10 per month to..................... 200.00
11 The member who holds his or her certificate is subject to
12 assessments for the payment of death claims of the
13 association and to assessments for the payment of expenses of
14 the association as provided for by paragraph 13 on a
15 following page of this certificate.
16 THE PROVISIONS under the heading "Additional Contract
17 Provisions" (upon the following pages hereof) are a part of
18 this contract as fully as if recited over the signature
19 hereto affixed.
20 IN WITNESS WHEREOF, the .... has caused this contract to
21 be executed at its home office in the City of ...., Illinois,
22 on (insert date). this .... day of ...., 19...
23 ............... (President)
24 ............... (Secretary)
25 ADDITIONAL CONTRACT PROVISIONS
26 1. Health and Age. The applicant for membership in this
27 association must be in good health, of sound mind and must be
28 between the ages of 0 and sixty years, nearest birthday.
29 2. Misrepresentations. This certificate and the
30 application therefor shall constitute the entire contract
31 with the member. All statements by the member shall, in the
32 absence of fraud, be deemed representations and not
33 warranties, and no such statement shall void this certificate
34 unless contained in the written application, and a copy of
-760- LRB9101253EGfg
1 such application attached to or copied on this certificate
2 when issued, or unless the fact misstated contributes to the
3 loss.
4 3. When Certificate Takes Effect. The association
5 assumes no liability until the certificate is issued and
6 actually delivered to the member during his or her lifetime
7 and while he or she is alive and in good health and of sound
8 mind.
9 4. Not More Than One Certificate to a Member. Only one
10 certificate of membership may be held by a member. Should any
11 member have more than one uncancelled certificate only the
12 earliest dated certificate shall be effective and all other
13 certificates shall be void. All assessments paid on such void
14 certificate shall be repaid to the member.
15 5. Agent Cannot Waive Contract Provisions. No agent
16 shall have authority to make any alterations or modifications
17 in the conditions or the provisions of this certificate of
18 membership, to extend the time of payment of assessments, to
19 waive any forfeiture provision or to bind the association by
20 any promises.
21 6. Assignment. No assignment of this certificate shall
22 be binding on the association, and the association assumes no
23 responsibility for the validity of any assignment.
24 7. Change of Beneficiary. The member may, by written
25 notification to the association, change the beneficiary
26 without the consent of such beneficiary.
27 8. Change of Address. The member, when changing his or
28 her address, shall at once notify the association of such
29 change, giving the new address, and such change shall be
30 noted upon the records of the association. Notice mailed to
31 the last known address of the member, as shown by the records
32 of the association, shall be considered in all respects as
33 due and sufficient notice.
34 9. Residence and Travel. This certificate is free from
-761- LRB9101253EGfg
1 restrictions or limitations as to residence and travel.
2 10. Incontestability. After this certificate shall have
3 been kept in continuous force, during the life of the member,
4 for 2 full years from date of issue, it shall be
5 incontestable if assessments have been duly paid, except as
6 to the limitations and exclusions set forth in paragraph
7 eleven hereof. If the age of the member has been misstated,
8 the amount payable under this certificate shall be such as
9 the member would have been entitled to at the true age. If
10 the age at entry is over sixty years the amount payable shall
11 be the full amount of assessments paid in by the member.
12 11. Limitations and Exclusions. If death results by the
13 intentional act of any beneficiary of this certificate, the
14 benefits hereunder shall be payable to the insured member's
15 estate. No benefits will be payable under this certificate if
16 death occurs as a result of any of the following: (1)
17 Military or naval service in time of war; (2)
18 Self-destruction while sane or insane, if within two years
19 from the date of this certificate; (3) Violation by member of
20 any criminal law.
21 12. Reinstatement. After default in payment of any
22 assessment this certificate may be reinstated at the
23 discretion of the board of directors upon the member
24 furnishing to the association satisfactory evidence of good
25 health and paying the delinquent assessment. In case the
26 certificate is lapsed for 30 days or more a one dollar
27 reinstatement fee shall be charged in addition to any
28 delinquent assessments. No certificate shall be reinstated
29 nor a new certificate issued to any member within one year
30 after this certificate is lapsed, except upon the payment by
31 such member of an amount equal to all intervening assessments
32 levied by the association.
33 13. Assessments. The association shall establish a
34 benefit fund to be used exclusively for the payment of claims
-762- LRB9101253EGfg
1 of members and the board of directors shall levy assessments
2 against all members of the association which, together with
3 any balance in the benefit fund, shall be sufficient in
4 amount to pay all claims in accordance with the schedule set
5 out in this certificate. The association shall also keep an
6 expense fund out of which all expenses of the association,
7 including salaries of officers, shall be paid, and for the
8 purpose of maintaining such fund each member may be assessed
9 not to exceed the maximum amount provided in Section 328.
10 14. Failure to Pay Assessment. Each assessment is due
11 and payable at the principal office of the association at
12 .... within 30 days from the date of the notice of the
13 assessment. If the member fails to pay the assessment within
14 the 30 days or fails to remit said assessment by depositing
15 the amount thereof in an envelope properly addressed to the
16 association in the United States mail by 12 o'clock noon on
17 the 30th day after the date of such notice, his certificate
18 may be cancelled by the association by the mailing to such
19 member of a cancellation notice as required by the Insurance
20 Code of the State of Illinois. If the member fails to pay the
21 assessment within 10 days from the date of such cancellation
22 notice or fails to remit said assessment by depositing the
23 amount thereof in an envelope properly addressed to the
24 association in the United States mail by 12 o'clock noon on
25 the 10th day after the date of such cancellation notice, the
26 member shall cease to have any further rights under the
27 certificate issued to such member on which the assessment is
28 levied, and said certificate shall then and there be regarded
29 and accepted by the association and the member as cancelled,
30 terminated and void, but such certificate shall be in full
31 force until the expiration of the 10 day period following the
32 cancellation notice.
33 15. Notice of Death or Disability. The association shall
34 be notified of the death or disability of a member within a
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1 reasonable time after such death or disability. The
2 association shall immediately furnish a form of proof of
3 death or disability to the beneficiary or other interested
4 party. The information required by the proof of death or
5 disability shall be given and it shall be returned to the
6 office of the association. The board of directors shall
7 approve or disapprove a claim within 60 days after the
8 receipt by the association of the proof of death or
9 disability. If the claim is approved the association shall
10 pay in full the amount due according to this certificate
11 within 60 days after approval of the claim. If the claim is
12 disapproved, the association shall forthwith notify the
13 beneficiary or person filing the proof of death or disability
14 of the reasons for such disapproval.
15 16. Annual Meeting. The annual meeting of the members of
16 this association shall be held in the Home Office of the
17 association in ...., Illinois, at .... o'clock ... m. N., on
18 the .... day of .... of each year, unless such day falls on
19 Sunday or a legal holiday, and in such event on the next
20 business day succeeding, for the purpose of electing
21 directors and the transaction of such other business as may
22 be brought before the meeting. Members may vote at any
23 annual meeting in person or by proxy. This certificate shall
24 be considered sufficient notice of such meeting to all
25 members.
26 17. Election of Benefits. The filing of a claim for
27 disability benefits and the payment thereof by the
28 association shall constitute an election by the insured to
29 accept such disability benefits in lieu and in full payment
30 of all other benefits in the certificate provided.
31 (2) Prior to January 1, 1950, every association may at
32 its option adopt and use the certificate of membership
33 hereinbefore set forth upon first submitting the form to the
34 Director of Insurance and securing his or her approval
-764- LRB9101253EGfg
1 thereof.
2 (Source: P.A. 84-551; revised 10-20-98.)
3 (215 ILCS 5/338) (from Ch. 73, par. 950)
4 Sec. 338. Scope of Article.
5 (1) This Article shall apply to:
6 (a) all societies organized or operating, prior to
7 the effective date of this Code, under an Act entitled
8 "An Act relating to burial insurance societies,",
9 approved June 10, 1911;
10 (b) any person, firm, corporation, society, or
11 association of individuals engaged in the business of
12 providing a burial benefit or award for the payment, in
13 whole or in part, of funeral, burial or other expenses
14 relating to deceased members, certificate holders or
15 subscribers, by the levying of assessments, or by the
16 charging of a fee or premium.
17 (2) Each person, firm, corporation, society or
18 association mentioned in subsection (1) is referred to in
19 this Article as a "burial society" and subscribers to and
20 certificate holders of such a society are referred to in this
21 Article as "members."
22 (Source: Laws 1937, p. 696; revised 10-31-98.)
23 (215 ILCS 5/343) (from Ch. 73, par. 955)
24 Sec. 343. Certificate form.
25 (1) Every burial society shall issue a certificate of
26 membership to each member, agreeing to pay upon death a
27 specified sum of money not to exceed $1,000, which specified
28 amount shall not be diminished during the existence of the
29 contract. The form of certificate shall be submitted to the
30 Director for his or her approval before the same shall be
31 issued. Each certificate issued after the effective date of
32 this Code, shall contain the following provisions, and shall
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1 be printed in clear readable type of uniform size except that
2 the words in capital letters in the following form may be in
3 larger type:
4 ............, Illinois.
5 Certificate Number
6 ..................
7 ..............................
8 (A Burial Insurance Society)
9 Incorporated under the Illinois Insurance Code.
10 HEREBY INSURES the life of ...., hereinafter called the
11 Member.
12 The society hereby agrees to pay to .... Beneficiary, the
13 sum of $...., upon receipt of due proof of the death of the
14 member, such payment to be paid only in lawful money of the
15 United States.
16 This certificate is issued in consideration of the
17 application and the payment in advance of a first ....
18 premium of .... which maintains this certificate in force for
19 a period ending .... following its date of issue, and the
20 payment of a like sum on the .... day of each .... thereafter
21 during the lifetime of the member.
22 CHANGE OF BENEFICIARY. The member may change the
23 beneficiary at any time by giving notice at the principal
24 office of the society.
25 INCONTESTABLE CLAUSE. This certificate shall be
26 incontestable after it has been in force during the life-time
27 of the member for 2 years except for non-payment of premiums
28 provided herein.
29 GRACE PERIOD. A grace period of 30 days shall be allowed
30 for the payment of any premium after the first, during which
31 time this certificate shall be continued in full force.
32 Should the member die during such grace period, the unpaid
33 premium may be deducted from the amount otherwise payable.
34 This certificate shall be regarded and accepted by the
-766- LRB9101253EGfg
1 society and the member as cancelled and terminated upon
2 failure to pay any premium before the expiration of the grace
3 period.
4 REINSTATEMENT. This certificate, after default in payment
5 of any premium, may be reinstated at the discretion of the
6 Board of Directors upon the member furnishing to the society
7 satisfactory evidence of good health and paying the
8 delinquent premiums.
9 CONTRACT. This certificate and the application therefor,
10 a copy of which is attached hereto, shall constitute the
11 entire contract with the member.
12 MISSTATEMENT OF AGE. If the age of the member has been
13 misstated, the amount payable under the certificate shall be
14 such as the member would have been entitled to at the true
15 age.
16 IN WITNESS WHEREOF, the society has caused this
17 certificate to be signed by its duly authorized officers, on
18 (insert date), this .... day of ...., 19.., which shall be
19 the effective date of this certificate.
20 .................
21 (Secretary)
22 .................
23 (President)
24 (2) If the society is operating on an assessment plan,
25 it may substitute in lieu of the word premium the word
26 assessment in each case and may substitute in lieu of the
27 consideration clause contained in the form the following:
28 This certificate is issued in consideration of the
29 application and the payment in advance of the first ....
30 assessment and the further payment of such assessments as may
31 be levied from time to time during the lifetime of the
32 member.
33 (Source: P.A. 84-551; revised 10-20-98.)
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1 (215 ILCS 5/357.2) (from Ch. 73, par. 969.2)
2 Sec. 357.2. "ENTIRE CONTRACT; CHANGES: This policy,
3 including the endorsements and the attached papers, if any,
4 constitutes the entire contract of insurance. No change in
5 this policy shall be valid until approved by an executive
6 officer of the company and unless such approval be endorsed
7 hereon or attached hereto. No agent has authority to change
8 this policy or to waive any of its provisions."
9 (1) Premium Notice Required. No policy of accident and
10 health insurance, as enumerated in class 1(b) or 2(a) of
11 Section 4, shall be declared forfeited or lapsed within 6
12 months after default in payment of any premium installment or
13 interest or any portion thereof, nor shall any such policy be
14 forfeited or lapsed by reason of nonpayment when due of any
15 premium, installment or interest, or any portion thereof,
16 required by the terms of the policy to be paid, within 6
17 months from the default in payment of such premium,
18 installment or interest, unless a written or printed notice
19 stating the amount of such premium, installment, interest or
20 portion thereof due on such policy, the place where it shall
21 be paid and the person to whom the same is payable, shall
22 have been duly addressed and mailed with the required postage
23 affixed, to the person insured or to the premium payor if
24 other than the insured at the last known post office address
25 of the insured or premium payor, at least 15 days and not
26 more than 45 days prior to the day when same is due and
27 payable before the beginning of the grace period.
28 Such notice shall also state that unless such premium or
29 other sum due shall be paid to the company or its agent the
30 policy and all payments thereon will become forfeited and
31 void, except as to any right to a surrender value or paid up
32 policy as provided for by the policy. The affidavit of any
33 officer, clerk or agent of the company or of anyone
34 authorized to mail such notice that the notice required by
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1 this Section bearing the required postage has been duly
2 addressed and mailed shall be presumptive evidence that such
3 notice has been duly given.
4 If the notice is given in a manner other than mailing,
5 then physical proof of the receipt of such notice by the
6 proper recipient shall be maintained by the insurer.
7 (2) Paragraph Sec. 357.2 (1) of this Section shall not
8 apply to cancellable policies which are renewable at the
9 option of the company nor shall it apply to group policies,
10 industrial policies, or to any policies upon which premiums
11 are payable monthly or at shorter intervals.
12 (Source: P.A. 80-513; revised 2-26-98.)
13 (215 ILCS 5/357.18) (from Ch. 73, par. 969.18)
14 Sec. 357.18. "INSURANCE WITH OTHER COMPANIES: If there be
15 other valid coverage, not with this company, providing
16 benefits for the same loss on a provision of service basis or
17 on an expense incurred basis and of which this company has
18 not been given written notice prior to the occurrence or
19 commencement of loss, the only liability under any expense
20 incurred coverage of this policy shall be for such proportion
21 of the loss as the amount which would otherwise have been
22 payable hereunder plus the total of the like amounts under
23 all such other valid coverages for the same loss of which
24 this company had notice bears to the total like amounts under
25 all valid coverages for such loss, and for the return of such
26 portion of the premiums paid as shall exceed the pro-rata
27 portion for the amount so determined. For the purpose of
28 applying this provision when other coverage is on a provision
29 of service basis, the "like amount" of such other coverage
30 shall be taken as the amount which the services rendered
31 would have cost in the absence of such coverage."
32 (If the foregoing policy provision is included in a
33 policy which also contains the next following policy
-769- LRB9101253EGfg
1 provision there shall be added to the caption of the
2 foregoing provision the phrase "--EXPENSE INCURRED BENEFITS".
3 The company may, at its option, include in this provision a
4 definition of "other valid coverage", approved as to form by
5 the Director, which definition shall be limited in subject
6 matter to coverage provided by organizations subject to
7 regulation by insurance law or by insurance authorities of
8 this or any other state of the United States or any province
9 of Canada, and by hospital or medical service organizations,
10 and to any other coverage the inclusion of which may be
11 approved by the Director. In the absence of such definition
12 such term does not include group insurance, automobile
13 medical payments insurance, or coverage provided by hospital
14 or medical service organizations or by union welfare plans or
15 employer or employee benefit organizations. For the purpose
16 of applying the foregoing policy provision with respect to
17 any insured, any amount of benefit provided for such insured
18 pursuant to any compulsory benefit statute (including any
19 workers' compensation or employer's liability statute)
20 whether provided by a governmental agency or otherwise is
21 "other valid coverage" of which the company has had notice.
22 In applying the foregoing policy provision no third party
23 liability coverage shall be included as "other valid
24 coverage".)
25 (Source: P.A. 81-992; revised 10-31-98.)
26 (215 ILCS 5/357.19) (from Ch. 73, par. 969.19)
27 Sec. 357.19. "INSURANCE WITH OTHER COMPANIES: If there be
28 other valid coverage, not with this company, providing
29 benefits for the same loss on other than an expense incurred
30 basis and of which this company has not been given written
31 notice prior to the occurrence or commencement of loss, the
32 only liability for such benefits under this policy shall be
33 for such proportion of the indemnities otherwise provided
-770- LRB9101253EGfg
1 hereunder for such loss as the like indemnities of which the
2 company had notice (including the indemnities under this
3 policy) bear to the total amount of all like indemnities for
4 such loss, and for the return of such portion of the premium
5 paid as shall exceed the pro-rata portion for the indemnities
6 thus determined."
7 (If the foregoing policy provision is included in a
8 policy which also contains the next preceding policy
9 provision there shall be added to the caption of the
10 foregoing provision the phrase "--OTHER BENEFITS". The
11 company may, at its option, include in this provision a
12 definition of "other valid coverage", approved as to form by
13 the Director, which definition shall be limited in subject
14 matter to coverage provided by organizations subject to
15 regulation by insurance law or by insurance authorities of
16 this or any other state of the United States or any province
17 of Canada, and to any other coverage the inclusion of which
18 may be approved by the Director. In the absence of such
19 definition such term does not include group insurance, or
20 benefits provided by union welfare plans or by employer or
21 employee benefit organizations. For the purpose of applying
22 the foregoing policy provision with respect to any insured,
23 any amount of benefit provided for such insured pursuant to
24 any compulsory benefit statute (including any workers'
25 compensation or employer's liability statute) whether
26 provided by a governmental agency or otherwise is "other
27 valid coverage" of which the company has had notice. In
28 applying the foregoing policy provision no third party
29 liability coverage shall be included as "other valid
30 coverage".)
31 (Source: P.A. 81-992; revised 10-31-98.)
32 (215 ILCS 5/357.20) (from Ch. 73, par. 969.20)
33 Sec. 357.20. "RELATION OF EARNINGS TO INSURANCE: If the
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1 total monthly amount of loss of time benefits promised for
2 the same loss under all valid loss of time coverage upon the
3 insured, whether payable on a weekly or monthly basis, shall
4 exceed the monthly earnings of the insured at the time
5 disability commenced or his average monthly earnings for the
6 period of 2 years immediately preceding a disability for
7 which claim is made, whichever is the greater, the company
8 will be liable only for such proportionate amount of such
9 benefits under this policy as the amount of such monthly
10 earnings or such average monthly earnings of the insured
11 bears to the total amount of monthly benefits for the same
12 loss under all such coverage upon the insured at the time
13 such disability commences and for the return of such part of
14 the premiums paid during such 2 years as shall exceed the
15 pro-rata amount of the premiums for the benefits actually
16 paid hereunder; but this shall not operate to reduce the
17 total monthly amount of benefits payable under all such
18 coverage upon the insured below the sum of $200.00 or the sum
19 of the monthly benefits specified in such coverages,
20 whichever is the lesser, nor shall it operate to reduce
21 benefits other than those payable for loss of time."
22 (The foregoing policy provision may be inserted only in a
23 policy which the insured has the right to continue in force
24 subject to its terms by the timely payment of premiums (1)
25 until at least age 50 or, (2) in the case of a policy issued
26 after age 44, for at least 5 years from its date of issue.
27 The company may, at its option, include in this provision a
28 definition of "valid loss of time coverage", approved as to
29 form by the Director, which definition shall be limited in
30 subject matter to coverage provided by governmental agencies
31 or by organizations subject to regulation by insurance law or
32 by insurance authorities of this or any other state of the
33 United States or any province of Canada, or to any other
34 coverage the inclusion of which may be approved by the
-772- LRB9101253EGfg
1 Director or any combination of such coverages. In the absence
2 of such definition such term does not include any coverage
3 provided for such insured pursuant to any compulsory benefit
4 statute (including any workers' compensation or employer's
5 liability statute), or benefits provided by union welfare
6 plans or by employer or employee benefit organizations.)
7 (Source: P.A. 81-992; revised 10-31-98.)
8 (215 ILCS 5/408) (from Ch. 73, par. 1020)
9 Sec. 408. Fees and charges.
10 (1) The Director shall charge, collect and give proper
11 acquittances for the payment of the following fees and
12 charges:
13 (a) For filing all documents submitted for the
14 incorporation or organization or certification of a
15 domestic company, except for a fraternal benefit society,
16 $1,000.
17 (b) For filing all documents submitted for the
18 incorporation or organization of a fraternal benefit
19 society, $250.
20 (c) For filing amendments to articles of
21 incorporation and amendments to declaration of
22 organization, except for a fraternal benefit society, a
23 mutual benefit association, a burial society or a farm
24 mutual, $100.
25 (d) For filing amendments to articles of
26 incorporation of a fraternal benefit society, a mutual
27 benefit association or a burial society, $50.
28 (e) For filing amendments to articles of
29 incorporation of a farm mutual, $25.
30 (f) For filing bylaws or amendments thereto, $25.
31 (g) For filing agreement of merger or
32 consolidation:
33 (i) for a domestic company, except for a
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1 fraternal benefit society, a mutual benefit
2 association, a burial society, or a farm mutual,
3 $1,000.
4 (ii) for a foreign or alien company, except
5 for a fraternal benefit society, $300.
6 (iii) for a fraternal benefit society, a
7 mutual benefit association, a burial society, or a
8 farm mutual, $100.
9 (h) For filing agreements of reinsurance by a
10 domestic company, $100.
11 (i) For filing all documents submitted by a foreign
12 or alien company to be admitted to transact business or
13 accredited as a reinsurer in this State, except for a
14 fraternal benefit society, $2,500.
15 (j) For filing all documents submitted by a foreign
16 or alien fraternal benefit society to be admitted to
17 transact business in this State, $250.
18 (k) For filing declaration of withdrawal of a
19 foreign or alien company, $25.
20 (l) For filing annual statement, except a fraternal
21 benefit society, a mutual benefit association, a burial
22 society, or a farm mutual, $100.
23 (m) For filing annual statement by a fraternal
24 benefit society, $50.
25 (n) For filing annual statement by a farm mutual, a
26 mutual benefit association, or a burial society, $25.
27 (o) For issuing a certificate of authority or
28 renewal thereof except to a fraternal benefit society,
29 $100.
30 (p) For issuing a certificate of authority or
31 renewal thereof to a fraternal benefit society, $50.
32 (q) For issuing an amended certificate of
33 authority, $25.
34 (r) For each certified copy of certificate of
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1 authority, $10.
2 (s) For each certificate of deposit, or valuation,
3 or compliance or surety certificate, $10.
4 (t) For copies of papers or records per page, $1.
5 (u) For each certification to copies of papers or
6 records, $10.
7 (v) For multiple copies of documents or
8 certificates listed in subparagraphs (r), (s), and (u) of
9 paragraph (1) of this Section, $10 for the first copy of
10 a certificate of any type and $5 for each additional copy
11 of the same certificate requested at the same time,
12 unless, pursuant to paragraph (2) of this Section, the
13 Director finds these additional fees excessive.
14 (w) For issuing a permit to sell shares or increase
15 paid-up capital:
16 (i) in connection with a public stock
17 offering, $150;
18 (ii) in any other case, $50.
19 (x) For issuing any other certificate required or
20 permissible under the law, $25.
21 (y) For filing a plan of exchange of the stock of a
22 domestic stock insurance company, a plan of
23 demutualization of a domestic mutual company, or a plan
24 of reorganization under Article XII, $1,000.
25 (z) For filing a statement of acquisition of a
26 domestic company as defined in Section 131.4 of this
27 Code, $1,000.
28 (aa) For filing an agreement to purchase the
29 business of an organization authorized under the Dental
30 Service Plan Act or the Voluntary Health Services Plans
31 Act or of a health maintenance organization or a limited
32 health service organization, $1,000.
33 (bb) For filing a statement of acquisition of a
34 foreign or alien insurance company as defined in Section
-775- LRB9101253EGfg
1 131.12a of this Code, $500.
2 (cc) For filing a registration statement as
3 required in Sections 131.13 and 131.14, the notification
4 as required by Sections 131.16, 131.20a, or 141.4, or an
5 agreement or transaction required by Sections 124.2(2),
6 141, 141a, or 141.1, $100.
7 (dd) For filing an application for licensing of:
8 (i) a religious or charitable risk pooling
9 trust or a workers' compensation pool, $500;
10 (ii) a workers' compensation service company,
11 $250;
12 (iii) a self-insured automobile fleet, $100;
13 or
14 (iv) a renewal of or amendment of any license
15 issued pursuant to (i), (ii), or (iii) above, $50.
16 (ee) For filing articles of incorporation for a
17 syndicate to engage in the business of insurance through
18 the Illinois Insurance Exchange, $1,000.
19 (ff) For filing amended articles of incorporation
20 for a syndicate engaged in the business of insurance
21 through the Illinois Insurance Exchange, $50.
22 (gg) For filing articles of incorporation for a
23 limited syndicate to join with other subscribers or
24 limited syndicates to do business through the Illinois
25 Insurance Exchange, $500.
26 (hh) For filing amended articles of incorporation
27 for a limited syndicate to do business through the
28 Illinois Insurance Exchange, $50.
29 (ii) For a permit to solicit subscriptions to a
30 syndicate or limited syndicate, $50.
31 (jj) For the filing of each form as required in
32 Section 143 of this Code, $25 per form. The fee for
33 advisory and rating organizations shall be $100 per form.
34 (i) For the purposes of the form filing fee,
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1 filings made on insert page basis will be considered
2 one form at the time of its original submission.
3 Changes made to a form subsequent to its approval
4 shall be considered a new filing.
5 (ii) Only one fee shall be charged for a form,
6 regardless of the number of other forms or policies
7 with which it will be used.
8 (iii) Fees charged for a policy filed as it
9 will be issued regardless of the number of forms
10 comprising that policy shall not exceed $500 or
11 $1000 for advisory or rating organizations.
12 (iv) The Director may by rule exempt forms
13 from such fees.
14 (kk) For filing an application for licensing of a
15 reinsurance intermediary, $250.
16 (ll) For filing an application for renewal of a
17 license of a reinsurance intermediary, $100.
18 (2) When printed copies or numerous copies of the same
19 paper or records are furnished or certified, the Director may
20 reduce such fees for copies if he finds them excessive. He
21 may, when he considers it in the public interest, furnish
22 without charge to state insurance departments and persons
23 other than companies, copies or certified copies of reports
24 of examinations and of other papers and records.
25 (3) The expenses incurred in any performance examination
26 authorized by law shall be paid by the company or person
27 being examined. The charge shall be reasonably related to the
28 cost of the examination including but not limited to
29 compensation of examiners, electronic data processing costs,
30 supervision and preparation of an examination report and
31 lodging and travel expenses. All lodging and travel expenses
32 shall be in accord with the applicable travel regulations as
33 published by the Department of Central Management Services
34 and approved by the Governor's Travel Control Board, except
-777- LRB9101253EGfg
1 that out-of-state lodging and travel expenses related to
2 examinations authorized under Section 132 shall be in
3 accordance with travel rates prescribed under paragraph
4 301-7.2 of the Federal Travel Regulations, 41 C.F.R. 301-7.2,
5 for reimbursement of subsistence expenses incurred during
6 official travel. All lodging and travel expenses may be
7 reimbursed directly upon authorization of the Director. With
8 the exception of the direct reimbursements authorized by the
9 Director, all performance examination charges collected by
10 the Department shall be paid to the Insurance Producers
11 Administration Fund, however, the electronic data processing
12 costs incurred by the Department in the performance of any
13 examination shall be billed directly to the company being
14 examined for payment to the Statistical Services Revolving
15 Fund.
16 (4) At the time of any service of process on the
17 Director as attorney for such service, the Director shall
18 charge and collect the sum of $10.00, which may be recovered
19 as taxable costs by the party to the suit or action causing
20 such service to be made if he prevails in such suit or
21 action.
22 (5) (a) The costs incurred by the Department of
23 Insurance in conducting any hearing authorized by law shall
24 be assessed against the parties to the hearing in such
25 proportion as the Director of Insurance may determine upon
26 consideration of all relevant circumstances including: (1)
27 the nature of the hearing; (2) whether the hearing was
28 instigated by, or for the benefit of a particular party or
29 parties; (3) whether there is a successful party on the
30 merits of the proceeding; and (4) the relative levels of
31 participation by the parties.
32 (b) For purposes of this subsection (5) costs incurred
33 shall mean the hearing officer fees, court reporter fees, and
34 travel expenses of Department of Insurance officers and
-778- LRB9101253EGfg
1 employees; provided however, that costs incurred shall not
2 include hearing officer fees or court reporter fees unless
3 the Department has retained the services of independent
4 contractors or outside experts to perform such functions.
5 (c) The Director shall make the assessment of costs
6 incurred as part of the final order or decision arising out
7 of the proceeding; provided, however, that such order or
8 decision shall include findings and conclusions in support of
9 the assessment of costs. This subsection (5) shall not be
10 construed as permitting the payment of travel expenses unless
11 calculated in accordance with the applicable travel
12 regulations of the Department of Central Management Services,
13 as approved by the Governor's Travel Control Board. The
14 Director as part of such order or decision shall require all
15 assessments for hearing officer fees and court reporter fees,
16 if any, to be paid directly to the hearing officer or court
17 reporter by the party(s) assessed for such costs. The
18 assessments for travel expenses of Department officers and
19 employees shall be reimbursable to the Director of Insurance
20 for deposit to the fund out of which those expenses had been
21 paid.
22 (d) The provisions of this subsection (5) shall apply in
23 the case of any hearing conducted by the Director of
24 Insurance not otherwise specifically provided for by law.
25 (6) The Director shall charge and collect an annual
26 financial regulation fee from every domestic company for
27 examination and analysis of its financial condition and to
28 fund the internal costs and expenses of the Interstate
29 Insurance Receivership Commission as may be allocated to the
30 State of Illinois and companies doing an insurance business
31 in this State pursuant to Article X of the Interstate
32 Insurance Receivership Compact. The fee shall be the greater
33 fixed amount based upon the combination of nationwide direct
34 premium income and nationwide reinsurance assumed premium
-779- LRB9101253EGfg
1 income or upon admitted assets calculated under this
2 subsection as follows:
3 (a) Combination of nationwide direct premium income
4 and nationwide reinsurance assumed premium.
5 (i) $100, if the premium is less than $500,000
6 and there is no reinsurance assumed premium;
7 (ii) $500, if the premium is $500,000 or more,
8 but less than $5,000,000 and there is no reinsurance
9 assumed premium; or if the premium is less than
10 $5,000,000 and the reinsurance assumed premium is
11 less than $10,000,000;
12 (iii) $2,500, if the premium is less than
13 $5,000,000 and the reinsurance assumed premium is
14 $10,000,000 or more;
15 (iv) $5,000, if the premium is $5,000,000 or
16 more, but less than $10,000,000;
17 (v) $12,000, if the premium is $10,000,000 or
18 more, but less than $25,000,000;
19 (vi) $15,000, if the premium is $25,000,000 or
20 more, but less than $50,000,000;
21 (vii) $20,000, if the premium is $50,000,000
22 or more, but less than $100,000,000;
23 (viii) $25,000, if the premium is $100,000,000
24 or more.
25 (b) Admitted assets.
26 (i) $100, if admitted assets are less than
27 $1,000,000;
28 (ii) $500, if admitted assets are $1,000,000
29 or more, but less than $5,000,000;
30 (iii) 2,500, if admitted assets are $5,000,000
31 or more, but less than $25,000,000;
32 (iv) $5,000, if admitted assets are
33 $25,000,000 or more, but less than $50,000,000;
34 (v) $12,000, if admitted assets are
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1 $50,000,000 or more, but less than $100,000,000;
2 (vi) $15,000, if admitted assets are
3 $100,000,000 or more, but less than $500,000,000;
4 (vii) $20,000, if admitted assets are
5 $500,000,000 or more, but less than $1,000,000,000;
6 (viii) $25,000, if admitted assets are
7 $1,000,000,000 or more.
8 (c) The sum of financial regulation fees charged to
9 the domestic companies of the same affiliated group shall
10 not exceed $100,000 in the aggregate in any single year
11 and shall be billed by the Director to the member company
12 designated by the group.
13 (7) The Director shall charge and collect an annual
14 financial regulation fee from every foreign or alien company,
15 except fraternal benefit societies, for the examination and
16 analysis of its financial condition and to fund the internal
17 costs and expenses of the Interstate Insurance Receivership
18 Commission as may be allocated to the State of Illinois and
19 companies doing an insurance business in this State pursuant
20 to Article X of the Interstate Insurance Receivership
21 Compact. The fee shall be a fixed amount based upon Illinois
22 direct premium income and nationwide reinsurance assumed
23 premium income in accordance with the following schedule:
24 (a) $100, if the premium is less than $500,000 and
25 there is no reinsurance assumed premium;
26 (b) $500, if the premium is $500,000 or more, but
27 less than $5,000,000 and there is no reinsurance assumed
28 premium; or if the premium is less than $5,000,000 and
29 the reinsurance assumed premium is less than $10,000,000;
30 (c) $2,500, if the premium is less than $5,000,000
31 and the reinsurance assumed premium is $10,000,000 or
32 more;
33 (d) $5,000, if the premium is $5,000,000 or more,
34 but less than $10,000,000;
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1 (e) $12,000, if the premium is $10,000,000 or more,
2 but less than $25,000,000;
3 (f) $15,000, if the premium is $25,000,000 or more,
4 but less than $50,000,000;
5 (g) $20,000, if the premium is $50,000,000 or more,
6 but less than $100,000,000;
7 (h) $25,000, if the premium is $100,000,000 or
8 more.
9 The sum of financial regulation fees under this
10 subsection (7) charged to the foreign or alien companies
11 within the same affiliated group shall not exceed $100,000 in
12 the aggregate in any single year and shall be billed by the
13 Director to the member company designated by the group.
14 (8) Beginning January 1, 1992, the financial regulation
15 fees imposed under subsections (6) and (7) of this Section
16 shall be paid by each company or domestic affiliated group
17 annually. After January 1, 1994, the fee shall be billed by
18 Department invoice based upon the company's premium income or
19 admitted assets as shown in its annual statement for the
20 preceding calendar year. The invoice is due upon receipt and
21 must be paid no later than June 30 of each calendar year.
22 All financial regulation fees collected by the Department
23 shall be paid to the Insurance Financial Regulation Fund.
24 The Department may not collect financial examiner per diem
25 charges from companies subject to subsections (6) and (7) of
26 this Section undergoing financial examination after June 30,
27 1992.
28 (9) In addition to the financial regulation fee required
29 by this Section, a company undergoing any financial
30 examination authorized by law shall pay the following costs
31 and expenses incurred by the Department: electronic data
32 processing costs, the expenses authorized under Section
33 131.21 and subsection (d) of Section 132.4 of this Code, and
34 lodging and travel expenses.
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1 Electronic data processing costs incurred by the
2 Department in the performance of any examination shall be
3 billed directly to the company undergoing examination for
4 payment to the Statistical Services Revolving Fund. Except
5 for direct reimbursements authorized by the Director or
6 direct payments made under Section 131.21 or subsection (d)
7 of Section 132.4 of this Code, all financial regulation fees
8 and all financial examination charges collected by the
9 Department shall be paid to the Insurance Financial
10 Regulation Fund.
11 All lodging and travel expenses shall be in accordance
12 with applicable travel regulations published by the
13 Department of Central Management Services and approved by the
14 Governor's Travel Control Board, except that out-of-state
15 lodging and travel expenses related to examinations
16 authorized under Sections 132.1 through 132.7 shall be in
17 accordance with travel rates prescribed under paragraph
18 301-7.2 of the Federal Travel Regulations, 41 C.F.R. 301-7.2,
19 for reimbursement of subsistence expenses incurred during
20 official travel. All lodging and travel expenses may be
21 reimbursed directly upon the authorization of the Director.
22 In the case of an organization or person not subject to
23 the financial regulation fee, the expenses incurred in any
24 financial examination authorized by law shall be paid by the
25 organization or person being examined. The charge shall be
26 reasonably related to the cost of the examination including,
27 but not limited to, compensation of examiners and other costs
28 described in this subsection.
29 (10) Any company, person, or entity failing to make any
30 payment of $100 or more as required under this Section shall
31 be subject to the penalty and interest provisions provided
32 for in subsections (4) and (7) of Section 412.
33 (11) Unless otherwise specified, all of the fees
34 collected under this Section shall be paid into the Insurance
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1 Financial Regulation Fund.
2 (12) For purposes of this Section:
3 (a) "Domestic company" means a company as defined
4 in Section 2 of this Code which is incorporated or
5 organized under the laws of this State, and in addition
6 includes a not-for-profit corporation authorized under
7 the Dental Service Plan Act, Pharmaceutical, or the
8 Voluntary Health Services Plans Act Service Plan Acts,
9 and a health maintenance organization, and a limited
10 health service organization.;
11 (b) "Foreign company" means a company as defined in
12 Section 2 of this Code which is incorporated or organized
13 under the laws of any state of the United States other
14 than this State and in addition includes a health
15 maintenance organization and a limited health service
16 organization which is incorporated or organized under the
17 laws of any state of the United States other than this
18 State.;
19 (c) "Alien company" means a company as defined in
20 Section 2 of this Code which is incorporated or organized
21 under the laws of any country other than the United
22 States.;
23 (d) "Fraternal benefit society" means a
24 corporation, society, order, lodge or voluntary
25 association as defined in Section 282.1 of this Code.;
26 (e) "Mutual benefit association" means a company,
27 association or corporation authorized by the Director to
28 do business in this State under the provisions of Article
29 XVIII of this Code.;
30 (f) "Burial society" means a person, firm,
31 corporation, society or association of individuals
32 authorized by the Director to do business in this State
33 under the provisions of Article XIX of this Code.; and
34 (g) "Farm mutual" means a district, county and
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1 township mutual insurance company authorized by the
2 Director to do business in this State under the
3 provisions of the Farm Mutual Insurance Company Act of
4 1986.
5 (Source: P.A. 89-97, eff. 7-7-95; 89-247, eff. 1-1-96;
6 89-626, eff. 8-9-96; 90-177, eff. 7-23-97; 90-583, eff.
7 5-29-98; revised 10-31-98.)
8 (215 ILCS 5/415) (from Ch. 73, par. 1027)
9 Sec. 415. No taxes to be imposed by political
10 subdivisions sub-divisions. The fees, charges and taxes
11 provided for by this Article shall be in lieu of all license
12 fees or privilege or occupation taxes or other fees levied or
13 assessed by any municipality, county or other political
14 subdivision of this State, and no municipality, county or
15 other political subdivision of this State shall impose any
16 license fee or privilege or occupation tax or fee upon any
17 domestic, foreign or alien company, or upon any of its
18 agents, for the privilege of doing an insurance business
19 therein, except the tax authorized by Division 10 of Article
20 11 of the Illinois Municipal Code, as heretofore and
21 hereafter amended. This Section shall not be construed to
22 prohibit the levy and collection of:
23 (a) State, county or municipal taxes upon the real
24 and personal property of such a company, including the
25 tax imposed by Section Sec. 414 of this Code, and
26 (b) taxes for the purpose of maintaining the Office
27 of the State Fire Marshal of this State and paying the
28 expenses incident thereto.
29 (Source: Laws 1967, p. 2716; revised 2-25-98.)
30 (215 ILCS 5/531.03) (from Ch. 73, par. 1065.80-3)
31 Sec. 531.03. Coverage and limitations.
32 (1) This Article shall provide coverage for the policies
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1 and contracts specified in paragraph (2) of this Section:
2 (a) to persons who, regardless of where they reside
3 (except for non-resident certificate holders under group
4 policies or contracts), are the beneficiaries, assignees
5 or payees of the persons covered under subparagraph
6 (1)(b), and
7 (b) to persons who are owners of or certificate
8 holders under such policies or contracts; or, in the case
9 of unallocated annuity contracts, to the persons who are
10 the contract holders, and who
11 (i) are residents of this State, or
12 (ii) are not residents, but only under all of
13 the following conditions:
14 (A) the insurers which issued such
15 policies or contracts are domiciled in this
16 State;
17 (B) such insurers never held a license or
18 certificate of authority in the states in which
19 such persons reside;
20 (C) such states have associations similar
21 to the association created by this Act; and
22 (D) such persons are not eligible for
23 coverage by such associations.
24 (2)(a) This Article shall provide coverage to the
25 persons specified in paragraph (l) of this Section for
26 direct, (i) nongroup life, health, annuity and supplemental
27 policies, or contracts, (ii) for certificates under direct
28 group policies or contracts, (iii) for unallocated annuity
29 contracts and (iv) for contracts to furnish health care
30 services and subscription certificates for medical or health
31 care services issued by persons licensed to transact
32 insurance business in this State under the Illinois Insurance
33 Code. Annuity contracts and certificates under group annuity
34 contracts include but are not limited to guaranteed
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1 investment contracts, deposit administration contracts,
2 unallocated funding agreements, allocated funding agreements,
3 structured settlement agreements, lottery contracts and any
4 immediate or deferred annuity contracts.
5 (b) This Article shall not provide coverage for:
6 (i) that portion or part of such policies or
7 contracts under which the risk is borne by the
8 policyholder; provided however, that nothing in this
9 subparagraph (i) shall make this Article inapplicable to
10 assessment life and accident and health insurance
11 policies or contracts; or
12 (ii) any such policy or contract or part thereof
13 assumed by the impaired or insolvent insurer under a
14 contract of reinsurance, other than reinsurance for which
15 assumption certificates have been issued; or
16 (iii) any portion of a policy or contract to the
17 extent such portion represents an accrued value that the
18 rate of interest on which it is accrued
19 (A) averaged over the period of four years
20 prior to the date on which the Association becomes
21 obligated with respect to such policy or contract,
22 exceeds a rate of interest determined by subtracting
23 two percentage points from Moody's Corporate Bond
24 Yield Average averaged for that same four year
25 period or for such lesser period if the policy or
26 contract was issued less than four years before the
27 Association became obligated; and
28 (B) on and after the date on which the
29 Association becomes obligated with respect to such
30 policy or contract, exceeds the rate of interest
31 determined by subtracting three percentage points
32 from Moody's Corporate Bond Yield Average as most
33 recently available; or
34 (iv) any unallocated annuity contract issued to an
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1 employee benefit plan protected under the federal Pension
2 Benefit Guaranty Corporation; or and
3 (v) any portion of any unallocated annuity contract
4 which is not issued to or in connection with a specific
5 employee, union or association of natural persons benefit
6 plan or a government lottery; or.
7 (vi) any burial society organized under Article XIX
8 of this Act, any fraternal benefit society organized
9 under Article XVII of this Act, any mutual benefit
10 association organized under Article XVIII of this Act,
11 and any foreign fraternal benefit society licensed under
12 Article VI of this Act; or
13 (vii) any health maintenance organization
14 established pursuant to the Health Maintenance
15 Organization Act including any health maintenance
16 organization business of a member insurer; or
17 (viii) any health services plan corporation
18 established pursuant to the Voluntary Health Services
19 Plans Act; or
20 (ix) (blank); or
21 (x) any dental service plan corporation established
22 pursuant to the Dental Service Plan Act; or
23 (xi) any stop-loss insurance, as defined in clause
24 (b) of Class 1 or clause (a) of Class 2 of Section 4, and
25 further defined in subsection (d) of Section 352; or
26 (xii) that portion or part of a variable life
27 insurance or variable annuity contract not guaranteed by
28 an insurer.
29 (3) The benefits for which the Association may become
30 liable shall in no event exceed the lesser of:
31 (a) the contractual obligations for which the
32 insurer is liable or would have been liable if it were
33 not an impaired or insolvent insurer, or
34 (b)(i) with respect to any one life, regardless of
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1 the number of policies or contracts:
2 (A) $300,000 in life insurance death benefits,
3 but not more than $100,000 in net cash surrender and
4 net cash withdrawal values for life insurance;
5 (B) $300,000 in health insurance benefits,
6 including any net cash surrender and net cash
7 withdrawal values;
8 (C) $100,000 in the present value of annuity
9 benefits, including net cash surrender and net cash
10 withdrawal values;
11 (ii) with respect to each individual participating
12 in a governmental retirement plan established under
13 Section 401, 403(b) or 457 of the U.S. Internal Revenue
14 Code covered by an unallocated annuity contract or the
15 beneficiaries of each such individual if deceased, in the
16 aggregate, $100,000 in present value annuity benefits,
17 including net cash surrender and net cash withdrawal
18 values; provided, however, that in no event shall the
19 Association be liable to expend more than $300,000 in the
20 aggregate with respect to any one individual under
21 subparagraph (1) and this subparagraph;:
22 (iii) with respect to any one contract holder
23 covered by any unallocated annuity contract not included
24 in subparagraph (3)(b)(ii) of this Section above,
25 $5,000,000 in benefits, irrespective of the number of
26 such contracts held by that contract holder.
27 (Source: P.A. 90-177, eff. 7-23-97; revised 10-31-98.)
28 (215 ILCS 5/803.1)
29 Sec. 803.1. Establishment of Fund.
30 (a) There is established a fund to be known as the
31 "Illinois Mine Subsidence Insurance Fund". The Fund shall
32 operate pursuant to this Article. The Fund is authorized to
33 transact business, provide services, enter into contracts and
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1 sue or be sued in its own name.
2 (b) The Fund shall provide reinsurance for mine
3 subsidence losses to all insurers writing mine subsidence
4 insurance pursuant to this Article.
5 (c) The monies in the Fund shall be derived from
6 premiums for mine subsidence insurance collected on behalf of
7 the Fund pursuant to this Article, from investment income and
8 from receipt of Federal or State funds. No insurer shall
9 have any liability to the Fund or to any creditor of the
10 Fund, except as may be set forth in this Article, in the
11 Articles of Governance which may be adopted by the Fund, in a
12 reinsurance agreement executed pursuant to Section paragraph
13 810.1, in the Plan of Operation established by the Fund, or
14 in the rules and procedures adopted by the Fund as authorized
15 by the reinsurance agreement.
16 (d) The Fund shall establish the rates, rating
17 schedules, deductibles and retentions, minimum premiums, and
18 classifications for mine subsidence insurance which the Fund
19 shall file with the Director. The Director shall have 30
20 days from the date of receipt to approve or disapprove a rate
21 filing. If no action is taken by the Director within 30
22 days, the rate is deemed to be approved. The Director may,
23 in writing, extend the period for an additional 30 days if
24 the Director determines that additional time is needed.
25 (e) The Fund shall establish its rates, rating
26 schedules, deductibles and retentions, minimum premiums, and
27 classification in such a manner as to satisfy all reasonably
28 foreseeable claims and expenses the Fund is likely to incur.
29 The Fund shall give due consideration to loss experience and
30 relevant trends, premium and other income and reasonable
31 reserves established for contingencies in establishing the
32 mine subsidence rates.
33 (f) The Fund shall compile and publish an annual
34 operating report.
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1 (g) The Fund shall develop at least 2 consumer
2 information publications to aid the public in understanding
3 mine subsidence and mine subsidence insurance and shall
4 establish a schedule for the distribution of the publications
5 pursuant to the reinsurance agreement. Topics that shall be
6 addressed shall include but are not limited to:
7 (1) Descriptive information about mine subsidence,
8 and what benefits mine subsidence insurance provides to
9 the property owner.
10 (2) Information that will be useful to a
11 policyholder who has filed a mine subsidence claim, such
12 as information that explains the claim investigation
13 process and claim handling procedures.
14 (h) The Fund shall be empowered to conduct research
15 programs in an effort to improve the administration of the
16 mine subsidence insurance program and help reduce and
17 mitigate mine subsidence losses consistent with the public
18 interest.
19 (i) The Fund may enter into reinsurance agreements with
20 any intergovernmental cooperative that provides joint
21 self-insurance for mine subsidence losses of its members.
22 These reinsurance agreements shall be substantially similar
23 to reinsurance agreements described in Section 810.1.
24 (Source: P.A. 89-206, eff. 7-21-95; 90-499, eff. 8-19-97;
25 revised 10-31-98.)
26 (215 ILCS 5/807.1)
27 Sec. 807.1. Exemption of Certain Counties by the
28 Director. The Director shall exempt every policy insuring
29 residences, living units or commercial buildings located in
30 any county of 1,000,000 or more inhabitants or any county
31 contiguous to any such county, and, upon request of the Fund,
32 may exempt every policy insuring residences, living units or
33 commercial buildings located in any other specified county of
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1 this State, from the provisions of Section paragraph 805.1 of
2 this Article.
3 (Source: P.A. 88-379; revised 10-31-98.)
4 (215 ILCS 5/810.1)
5 Sec. 810.1. Reinsurance Agreements. All insurers shall
6 enter into a reinsurance agreement with the Fund. The
7 reinsurance agreement shall be filed with and approved by the
8 Director. The agreement shall provide that each insurer
9 shall cede 100% of any subsidence insurance written up to the
10 limits contained in Section paragraph 805.1(c) to the Fund
11 and, in consideration of the ceding commission retained by
12 the insurer, agrees to distribute informational publications
13 provided by the Fund on a schedule set by the Fund, undertake
14 adjustment of losses, payment of taxes, and all other
15 expenses of the insurer necessary for sale of policies and
16 administration of the mine subsidence insurance coverage.
17 The Fund shall agree to reimburse the insurer for all amounts
18 reasonably and properly paid policyholders from claims
19 resulting from mine subsidence and for expenses specified in
20 the reinsurance agreement. In addition, the reinsurance
21 agreement may contain, and may authorize the Fund to
22 establish and promulgate deductibles. The reinsurance
23 agreement may also contain reasonable rules and procedures
24 covering insurer documentation of losses; insurer reporting
25 of claims, reports of litigation, premiums and loss payments;
26 loss payment review by the Fund; remitting of premiums to the
27 Fund; underwriting; and cause and origin investigations; and
28 procedures for resolving disputes between the insurers and
29 the Fund.
30 (Source: P.A. 90-655, eff. 7-30-98; revised 10-31-98.)
31 (215 ILCS 5/1202) (from Ch. 73, par. 1065.902)
32 Sec. 1202. Duties. The Director shall:
-792- LRB9101253EGfg
1 (a) determine the relationship of insurance premiums and
2 related income as compared to insurance costs and expenses
3 and provide such information to the General Assembly and the
4 general public;
5 (b) study the insurance system in the State of Illinois,
6 and recommend to the General Assembly what it deems to be the
7 most appropriate and comprehensive cost containment system
8 for the State;
9 (c) respond to the requests by agencies of government
10 and the General Assembly for special studies and analysis of
11 data collected pursuant to this Article. Such reports shall
12 be made available in a form prescribed by the Director. The
13 Director may also determine a fee to be charged to the
14 requesting agency to cover the direct and indirect costs for
15 producing such a report, and shall permit affected insurers
16 the right to review the accuracy accurancy of the report
17 before it is released. The fees shall be deposited into the
18 Statistical Services Revolving Fund and credited to the
19 account of the Department of Insurance;
20 (d) make an interim report to the General Assembly no
21 later than August 15, 1987, and a annual report to the
22 General Assembly no later than April 15 every year thereafter
23 which shall include the Director's findings and
24 recommendations regarding its duties as provided under
25 subsections (a), (b), and (c) of this Section.
26 (Source: P.A. 84-1431; revised 10-31-98.)
27 (215 ILCS 5/1204) (from Ch. 73, par. 1065.904)
28 Sec. 1204. (A) The Director shall promulgate rules and
29 regulations which shall require each insurer licensed to
30 write property or casualty insurance in the State and each
31 syndicate doing business on the Illinois Insurance Exchange
32 to record and report its loss and expense experience and
33 other data as may be necessary to assess the relationship of
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1 insurance premiums and related income as compared to
2 insurance costs and expenses. The Director may designate one
3 or more rate service organizations or advisory organizations
4 to gather and compile such experience and data. The Director
5 shall require each insurer licensed to write property or
6 casualty insurance in this State and each syndicate doing
7 business on the Illinois Insurance Exchange to submit a
8 report, on a form furnished by the Director, showing its
9 direct writings in this State and companywide.
10 (B) Such report required by subsection (A) of this
11 Section may include, but not be limited to, the following
12 specific types of insurance written by such insurer:
13 (1) Political subdivision liability insurance
14 reported separately in the following categories:
15 (a) municipalities;
16 (b) school districts;
17 (c) other political subdivisions;.
18 (2) Public official liability insurance;
19 (3) Dram shop liability insurance;
20 (4) Day care center liability insurance;
21 (5) Labor, fraternal or religious organizations
22 liability insurance;
23 (6) Errors and omissions liability insurance;
24 (7) Officers and directors liability insurance
25 reported separately as follows:
26 (a) non-profit entities;
27 (b) for-profit entities;
28 (8) Products liability insurance;
29 (9) Medical malpractice insurance;
30 (10) Attorney malpractice insurance;
31 (11) Architects and engineers malpractice
32 insurance; and
33 (12) Motor vehicle insurance reported separately
34 for commercial and private passenger vehicles as follows:
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1 (a) motor vehicle physical damage insurance;
2 (b) motor vehicle liability insurance.;
3 (C) Such report may include, but need not be limited to
4 the following data, both specific to this State and
5 companywide, in the aggregate or by type of insurance for the
6 previous year on a calendar year basis:
7 (1) Direct premiums written;
8 (2) Direct premiums earned;
9 (3) Number of policies;
10 (4) Net investment income, using appropriate
11 estimates where necessary;
12 (5) Losses paid;
13 (6) Losses incurred;
14 (7) Loss reserves:
15 (a) Losses unpaid on reported claims;
16 (b) Losses unpaid on incurred but not reported
17 claims;
18 (8) Number of claims:
19 (a) Paid claims;
20 (b) Arising claims;
21 (9) Loss adjustment expenses:
22 (a) Allocated loss adjustment expenses;
23 (b) Unallocated loss adjustment expenses;
24 (10) Net underwriting gain or loss;
25 (11) Net operation gain or loss, including net
26 investment income;
27 (12) Any other information requested by the
28 Director.
29 (D) In addition to the information which may be
30 requested under subsection (C), the Director may also request
31 on a companywide, aggregate basis, Federal Income Tax
32 recoverable, net realized capital gain or loss, net
33 unrealized capital gain or loss, and all other expenses not
34 requested in subsection (C) above.
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1 (E) Violations - Suspensions - Revocations.
2 (1) Any company or person subject to this Article,
3 who willfully or repeatedly fails to observe or who
4 otherwise violates any of the provisions of this Article
5 or any rule or regulation promulgated by the Director
6 under authority of this Article or any final order of the
7 Director entered under the authority of this Article
8 shall by civil penalty forfeit to the State of Illinois a
9 sum not to exceed $1,000. Each day during which a
10 violation occurs constitutes a separate offense.
11 (2) No forfeiture liability under paragraph (1) of
12 this subsection may attach unless a written notice of
13 apparent liability has been issued by the Director and
14 received by the respondent, or the Director sends written
15 notice of apparent liability by registered or certified
16 mail, return receipt requested, to the last known address
17 of the respondent. Any respondent so notified must be
18 granted an opportunity to request a hearing within 10
19 days from receipt of notice, or to show in writing, why
20 he should not be held liable. A notice issued under this
21 Section must set forth the date, facts and nature of the
22 act or omission with which the respondent is charged and
23 must specifically identify the particular provision of
24 this Article, rule, regulation or order of which a
25 violation is charged.
26 (3) No forfeiture liability under paragraph (1) of
27 this subsection may attach for any violation occurring
28 more than 2 years prior to the date of issuance of the
29 notice of apparent liability and in no event may the
30 total civil penalty forfeiture imposed for the acts or
31 omissions set forth in any one notice of apparent
32 liability exceed $50,000.
33 (4) All administrative hearings conducted pursuant
34 to this Article are subject to 50 Ill. Adm. Code 2402 and
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1 all administrative hearings are subject to the
2 Administrative Review Law.
3 (5) The civil penalty forfeitures provided for in
4 this Section are payable to the General Revenue Fund of
5 the State of Illinois, and may be recovered in a civil
6 suit in the name of the State of Illinois brought in the
7 Circuit Court in Sangamon County or in the Circuit Court
8 of the county where the respondent is domiciled or has
9 its principal operating office.
10 (6) In any case where the Director issues a notice
11 of apparent liability looking toward the imposition of a
12 civil penalty forfeiture under this Section that fact may
13 not be used in any other proceeding before the Director
14 to the prejudice of the respondent to whom the notice was
15 issued, unless (a) the civil penalty forfeiture has been
16 paid, or (b) a court has ordered payment of the civil
17 penalty forfeiture and that order has become final.
18 (7) When any person or company has a license or
19 certificate of authority under this Code and knowingly
20 fails or refuses to comply with a lawful order of the
21 Director requiring compliance with this Article, entered
22 after notice and hearing, within the period of time
23 specified in the order, the Director may, in addition to
24 any other penalty or authority provided, revoke or refuse
25 to renew the license or certificate of authority of such
26 person or company, or may suspend the license or
27 certificate of authority of such person or company until
28 compliance with such order has been obtained.
29 (8) When any person or company has a license or
30 certificate of authority under this Code and knowingly
31 fails or refuses to comply with any provisions of this
32 Article, the Director may, after notice and hearing, in
33 addition to any other penalty provided, revoke or refuse
34 to renew the license or certificate of authority of such
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1 person or company, or may suspend the license or
2 certificate of authority of such person or company, until
3 compliance with such provision of this Article has been
4 obtained.
5 (9) No suspension or revocation under this Section
6 may become effective until 5 days from the date that the
7 notice of suspension or revocation has been personally
8 delivered or delivered by registered or certified mail to
9 the company or person. A suspension or revocation under
10 this Section is stayed upon the filing, by the company or
11 person, of a petition for judicial review under the
12 Administrative Review Law.
13 (Source: P.A. 88-313; revised 10-31-98.)
14 Section 118. The Illinois Health Insurance Portability
15 and Accountability Act is amended by changing Section 35 as
16 follows:
17 (215 ILCS 97/35)
18 Sec. 35. Disclosure of Information.
19 (A) Disclosure of information by health plan issuers.
20 In connection with the offering of any health insurance
21 coverage to a small employer, a health insurance issuer:
22 (1) shall make a reasonable disclosure to such
23 employer, as part of its solicitation and sales
24 materials, of the availability of information described
25 in subsection (B), and
26 (2) shall, upon request of such a small employer,
27 provide such information.
28 (B) Information described.
29 (1) In general. Subject to paragraph (3), with
30 respect to a health insurance issuer offering health
31 insurance coverage to a small employer, information
32 described in this subsection is information concerning:
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1 (a) the provisions of such coverage concerning
2 issuer's right to change premium rates and the
3 factors that may affect changes in premium rates;
4 (b) the provisions of such coverage relating
5 to renewability of coverage;
6 (c) the provisions of such coverage relating
7 to any pre-existing condition exclusion; and
8 (d) the benefits and premiums available under
9 all health insurance coverage for which the employer
10 is qualified.
11 (2) Form of information. Information under this
12 subsection shall be provided to small employers in a
13 manner determined to be understandable by the average
14 small employer, and shall be sufficient to reasonably
15 inform small employers of their rights and obligations
16 under the health insurance coverage.
17 (3) Exception. An issuer is not required under
18 this Section to disclose any information that is
19 proprietary and trade secret information under applicable
20 law.
21 (Source: P.A. 90-30, eff. 7-1-97; revised 10-31-98.)
22 Section 119. The Comprehensive Health Insurance Plan Act
23 is amended by changing Sections 2, 4, and 5 as follows:
24 (215 ILCS 105/2) (from Ch. 73, par. 1302)
25 Sec. 2. Definitions. As used in this Act, unless the
26 context otherwise requires:
27 "Plan administrator" means the insurer or third party
28 administrator designated under Section 5 of this Act.
29 "Benefits plan" means the coverage to be offered by the
30 Plan to eligible persons and federally eligible individuals
31 pursuant to this Act.
32 "Board" means the Illinois Comprehensive Health Insurance
-799- LRB9101253EGfg
1 Board.
2 "Church plan" has the same meaning given that term in the
3 federal Health Insurance Portability and Accountability Act
4 of 1996.
5 "Continuation coverage" means continuation of coverage
6 under a group health plan or other health insurance coverage
7 for former employees or dependents of former employees that
8 would otherwise have terminated under the terms of that
9 coverage pursuant to any continuation provisions under
10 federal or State law, including the Consolidated Omnibus
11 Budget Reconciliation Act of 1985 (COBRA), as amended,
12 Sections 367.2 and 367e of the Illinois Insurance Code, or
13 any other similar requirement in another State.
14 "Covered person" means a person who is and continues to
15 remain eligible for Plan coverage and is covered under one of
16 the benefit plans offered by the Plan.
17 "Creditable coverage" means, with respect to a federally
18 eligible individual, coverage of the individual under any of
19 the following:
20 (A) A group health plan.
21 (B) Health insurance coverage (including group
22 health insurance coverage).
23 (C) Medicare.
24 (D) Medical assistance.
25 (E) Chapter 55 of title 10, United States Code.
26 (F) A medical care program of the Indian Health
27 Service or of a tribal organization.
28 (G) A state health benefits risk pool.
29 (H) A health plan offered under Chapter 89 of title
30 5, United States Code.
31 (I) A public health plan (as defined in regulations
32 consistent with Section 104 of the Health Care
33 Portability and Accountability Act of 1996 that may be
34 promulgated by the Secretary of the U.S. Department of
-800- LRB9101253EGfg
1 Health and Human Services).
2 (J) A health benefit plan under Section 5(e) of the
3 Peace Corps Act (22 U.S.C. 2504(e)).
4 (K) Any other qualifying coverage required by the
5 federal Health Insurance Portability and Accountability
6 Act of 1996, as it may be amended, or regulations under
7 that Act.
8 "Creditable coverage" does not include coverage
9 consisting solely of coverage of excepted benefits (as
10 defined in Section 2791(c) of title XXVII of the Public
11 Health Service Act (42 U.S.C. 300 gg-91) nor does it include
12 any period of coverage under any of items (A) through (K)
13 that occurred before a break of more than 63 days during all
14 of which the individual was not covered under any of items
15 (A) through (K) above. Any period that an individual is in a
16 waiting period for any coverage under a group health plan (or
17 for group health insurance coverage) or is in an affiliation
18 period under the terms of health insurance coverage offered
19 by a health maintenance organization shall not be taken into
20 account in determining if there has been a break of more than
21 63 days in any credible coverage.
22 "Department" means the Illinois Department of Insurance.
23 "Dependent" means an Illinois resident: who is a spouse;
24 or who is claimed as a dependent by the principal insured for
25 purposes of filing a federal income tax return and resides in
26 the principal insured's household, and is a resident
27 unmarried child under the age of 19 years; or who is an
28 unmarried child who also is a full-time student under the age
29 of 23 years and who is financially dependent upon the
30 principal insured; or who is a child of any age and who is
31 disabled and financially dependent upon the principal
32 insured.
33 "Direct Illinois premiums" means, for Illinois business,
34 an insurer's direct premium income for the kinds of business
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1 described in clause (b) of Class 1 or clause (a) of Class 2
2 of Section 4 of the Illinois Insurance Code, and direct
3 premium income of a health maintenance organization or a
4 voluntary health services plan, except it shall not include
5 credit health insurance as defined in Article IX 1/2 of the
6 Illinois Insurance Code.
7 "Director" means the Director of the Illinois Department
8 of Insurance.
9 "Eligible person" means a resident of this State who
10 qualifies for Plan coverage under Section 7 of this Act.
11 "Employee" means a resident of this State who is employed
12 by an employer or has entered into the employment of or works
13 under contract or service of an employer including the
14 officers, managers and employees of subsidiary or affiliated
15 corporations and the individual proprietors, partners and
16 employees of affiliated individuals and firms when the
17 business of the subsidiary or affiliated corporations, firms
18 or individuals is controlled by a common employer through
19 stock ownership, contract, or otherwise.
20 "Employer" means any individual, partnership,
21 association, corporation, business trust, or any person or
22 group of persons acting directly or indirectly in the
23 interest of an employer in relation to an employee, for which
24 one or more persons is gainfully employed.
25 "Family" coverage means the coverage provided by the Plan
26 for the covered person and his or her eligible dependents who
27 also are covered persons.
28 "Federally eligible individual" means an individual
29 resident of this State:
30 (1)(A) for whom, as of the date on which the
31 individual seeks Plan coverage under Section 15 of this
32 Act, the aggregate of the periods of creditable coverage
33 is 18 or more months, and (B) whose most recent prior
34 creditable coverage was under group health insurance
-802- LRB9101253EGfg
1 coverage offered by a health insurance issuer, a group
2 health plan, a governmental plan, or a church plan (or
3 health insurance coverage offered in connection with any
4 such plans) or any other type of creditable coverage that
5 may be required by the federal Health Insurance
6 Portability and Accountability Act of 1996, as it may be
7 amended, or the regulations under that Act;
8 (2) who is not eligible for coverage under (A) a
9 group health plan, (B) part A or part B of Medicare, or
10 (C) medical assistance, and does not have other health
11 insurance coverage;
12 (3) with respect to whom the most recent coverage
13 within the coverage period described in paragraph (1)(A)
14 of this definition was not terminated based upon a factor
15 relating to nonpayment of premiums or fraud;
16 (4) if the individual had been offered the option
17 of continuation coverage under a COBRA continuation
18 provision or under a similar State program, who elected
19 such coverage; and
20 (5) who, if the individual elected such
21 continuation coverage, has exhausted such continuation
22 coverage under such provision or program.
23 "Group health plan" has the same meaning given that term
24 in the federal Health Insurance Portability and
25 Accountability Act of 1996.
26 "Governmental plan" has the same meaning given that term
27 in the federal Health Insurance Portability and
28 Accountability Act of 1996.
29 "Health insurance" means any hospital and medical
30 expense-incurred policy, certificate, or contract provided by
31 an insurer, non-profit health care service plan contract,
32 health maintenance organization or other subscriber contract,
33 or any other health care plan or arrangement that pays for or
34 furnishes medical or health care services whether by
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1 insurance or otherwise. Health insurance shall not include
2 short term, accident only, disability income, hospital
3 confinement or fixed indemnity, dental only, vision only,
4 limited benefit, or credit insurance, coverage issued as a
5 supplement to liability insurance, insurance arising out of a
6 workers' compensation or similar law, automobile
7 medical-payment insurance, or insurance under which benefits
8 are payable with or without regard to fault and which is
9 statutorily required to be contained in any liability
10 insurance policy or equivalent self-insurance.
11 "Health insurance coverage" means benefits consisting of
12 medical care (provided directly, through insurance or
13 reimbursement, or otherwise and including items and services
14 paid for as medical care) under any hospital or medical
15 service policy or certificate, hospital or medical service
16 plan contract, or health maintenance organization contract
17 offered by a health insurance issuer.
18 "Health insurance issuer" means an insurance company,
19 insurance service, or insurance organization (including a
20 health maintenance organization and a voluntary health
21 services plan) that is authorized to transact health
22 insurance business in this State. Such term does not include
23 a group health plan.
24 "Health Maintenance Organization" means an organization
25 as defined in the Health Maintenance Organization Act.
26 "Hospice" means a program as defined in and licensed
27 under the Hospice Program Licensing Act.
28 "Hospital" means a duly licensed institution as defined
29 in the Hospital Licensing Act, an institution that meets all
30 comparable conditions and requirements in effect in the state
31 in which it is located, or the University of Illinois
32 Hospital as defined in the University of Illinois Hospital
33 Act.
34 "Individual health insurance coverage" means health
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1 insurance coverage offered to individuals in the individual
2 market, but does not include short-term, limited-duration
3 insurance.
4 "Insured" means any individual resident of this State who
5 is eligible to receive benefits from any insurer (including
6 health insurance coverage offered in connection with a group
7 health plan) or health insurance issuer as defined in this
8 Section.
9 "Insurer" means any insurance company authorized to
10 transact health insurance business in this State and any
11 corporation that provides medical services and is organized
12 under the Voluntary Health Services Plans Act or the Health
13 Maintenance Organization Act.
14 "Medical assistance" means the State medical assistance
15 or medical assistance no grant (MANG) programs provided under
16 Title XIX of the Social Security Act and Articles V (Medical
17 Assistance) and VI (General Assistance) of the Illinois
18 Public Aid Code (or any successor program) or under any
19 similar program of health care benefits in a state other than
20 Illinois.
21 "Medically necessary" means that a service, drug, or
22 supply is necessary and appropriate for the diagnosis or
23 treatment of an illness or injury in accord with generally
24 accepted standards of medical practice at the time the
25 service, drug, or supply is provided. When specifically
26 applied to a confinement it further means that the diagnosis
27 or treatment of the covered person's medical symptoms or
28 condition cannot be safely provided to that person as an
29 outpatient. A service, drug, or supply shall not be medically
30 necessary if it: (i) is investigational, experimental, or for
31 research purposes; or (ii) is provided solely for the
32 convenience of the patient, the patient's family, physician,
33 hospital, or any other provider; or (iii) exceeds in scope,
34 duration, or intensity that level of care that is needed to
-805- LRB9101253EGfg
1 provide safe, adequate, and appropriate diagnosis or
2 treatment; or (iv) could have been omitted without adversely
3 affecting the covered person's condition or the quality of
4 medical care; or (v) involves the use of a medical device,
5 drug, or substance not formally approved by the United States
6 Food and Drug Administration.
7 "Medical care" means the ordinary and usual professional
8 services rendered by a physician or other specified provider
9 during a professional visit for treatment of an illness or
10 injury.
11 "Medicare" means coverage under both Part A and Part B of
12 Title XVIII of the Social Security Act, 42 U.S.C. Sec. 1395,
13 et seq..
14 "Minimum premium plan" means an arrangement whereby a
15 specified amount of health care claims is self-funded, but
16 the insurance company assumes the risk that claims will
17 exceed that amount.
18 "Participating transplant center" means a hospital
19 designated by the Board as a preferred or exclusive provider
20 of services for one or more specified human organ or tissue
21 transplants for which the hospital has signed an agreement
22 with the Board to accept a transplant payment allowance for
23 all expenses related to the transplant during a transplant
24 benefit period.
25 "Physician" means a person licensed to practice medicine
26 pursuant to the Medical Practice Act of 1987.
27 "Plan" means the Comprehensive Health Insurance Plan
28 established by this Act.
29 "Plan of operation" means the plan of operation of the
30 Plan, including articles, bylaws and operating rules, adopted
31 by the board pursuant to this Act.
32 "Provider" means any hospital, skilled nursing facility,
33 hospice, home health agency, physician, registered pharmacist
34 acting within the scope of that registration, or any other
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1 person or entity licensed in Illinois to furnish medical
2 care.
3 "Qualified high risk pool" has the same meaning given
4 that term in the federal Health Insurance Portability and
5 Accountability Act of 1996.
6 "Resident eligible person" means a person who has been
7 legally domiciled in this State for a period of at least 180
8 days and continues to be domiciled in this State.
9 "Skilled nursing facility" means a facility or that
10 portion of a facility that is licensed by the Illinois
11 Department of Public Health under the Nursing Home Care Act
12 or a comparable licensing authority in another state to
13 provide skilled nursing care.
14 "Stop-loss coverage" means an arrangement whereby an
15 insurer insures against the risk that any one claim will
16 exceed a specific dollar amount or that the entire loss of a
17 self-insurance plan will exceed a specific amount.
18 "Third party administrator" means an administrator as
19 defined in Section 511.101 of the Illinois Insurance Code who
20 is licensed under Article XXXI 1/4 of that Code.
21 (Source: P.A. 90-30, eff. 7-1-97; revised 10-31-98.)
22 (215 ILCS 105/4) (from Ch. 73, par. 1304)
23 Sec. 4. Powers and authority of the board. The board
24 shall have the general powers and authority granted under the
25 laws of this State to insurance companies licensed to
26 transact health and accident insurance and in addition
27 thereto, the specific authority to:
28 a. Enter into contracts as are necessary or proper to
29 carry out the provisions and purposes of this Act, including
30 the authority, with the approval of the Director, to enter
31 into contracts with similar plans of other states for the
32 joint performance of common administrative functions, or with
33 persons or other organizations for the performance of
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1 administrative functions including, without limitation,
2 utilization review and quality assurance programs, or with
3 health maintenance organizations or preferred provider
4 organizations for the provision of health care services.
5 b. Sue or be sued, including taking any legal actions
6 necessary or proper.
7 c. Take such legal action as necessary to:
8 (1) avoid the payment of improper claims against
9 the plan or the coverage provided by or through the plan;
10 (2) to recover any amounts erroneously or
11 improperly paid by the plan; or
12 (3) to recover any amounts paid by the plan as a
13 result of a mistake of fact or law; or
14 (4) to recover or collect any other amounts,
15 including assessments, that are due or owed the Plan or
16 have been billed on its or the Plan's behalf.
17 d. Establish appropriate rates, rate schedules, rate
18 adjustments, expense allowances, agents' referral fees, claim
19 reserves, and formulas and any other actuarial function
20 appropriate to the operation of the plan. Rates and rate
21 schedules may be adjusted for appropriate risk factors such
22 as age and area variation in claim costs and shall take into
23 consideration appropriate risk factors in accordance with
24 established actuarial and underwriting practices.
25 e. Issue policies of insurance in accordance with the
26 requirements of this Act.
27 f. Appoint appropriate legal, actuarial and other
28 committees as necessary to provide technical assistance in
29 the operation of the plan, policy and other contract design,
30 and any other function within the authority of the plan.
31 g. Borrow money to effect the purposes of the Illinois
32 Comprehensive Health Insurance Plan. Any notes or other
33 evidence of indebtedness of the plan not in default shall be
34 legal investments for insurers and may be carried as admitted
-808- LRB9101253EGfg
1 assets.
2 h. Establish rules, conditions and procedures for
3 reinsuring risks under this Act.
4 i. Employ and fix the compensation of employees. Such
5 employees may be paid on a warrant issued by the State
6 Treasurer pursuant to a payroll voucher certified by the
7 Board and drawn by the Comptroller against appropriations or
8 trust funds held by the State Treasurer.
9 j. Enter into intergovernmental cooperation agreements
10 with other agencies or entities of State government for the
11 purpose of sharing the cost of providing health care services
12 that are otherwise authorized by this Act for children who
13 are both plan participants and eligible for financial
14 assistance from the Division of Specialized Care for Children
15 of the University of Illinois.
16 k. Establish conditions and procedures under which the
17 plan may, if funds permit, discount or subsidize premium
18 rates that are paid directly by senior citizens, as defined
19 by the Board, and other plan participants, who are retired or
20 unemployed and meet other qualifications.
21 l. Establish and maintain the Plan Fund authorized in
22 Section 3 of this Act, which shall be divided into separate
23 accounts, as follows:
24 (1) accounts to fund the administrative, claim, and
25 other expenses of the Plan associated with eligible
26 persons who qualify for Plan coverage under Section 7 of
27 this Act, which shall consist of:
28 (A) premiums paid on behalf of covered
29 persons;
30 (B) appropriated funds and other revenues
31 collected or received by the Board;
32 (C) reserves for future losses maintained by
33 the Board; and
34 (D) interest earnings from investment of the
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1 funds in the Plan Fund or any of its accounts other
2 than the funds in the account established under item
3 2 of this subsection;.
4 (2) an account, to be denominated the federally
5 eligible individuals account, to fund the administrative,
6 claim, and other expenses of the Plan associated with
7 federally eligible individuals who qualify for Plan
8 coverage under Section 15 of this Act, which shall
9 consist of:
10 (A) premiums paid on behalf of covered
11 persons;
12 (B) assessments and other revenues collected
13 or received by the Board;
14 (C) reserves for future losses maintained by
15 the Board; and
16 (D) interest earnings from investment of the
17 federally eligible individuals account funds; and
18 (3) such other accounts as may be appropriate.
19 m. Charge and collect assessments paid by insurers
20 pursuant to Section 12 of this Act and recover any
21 assessments for, on behalf of, or against those insurers.
22 (Source: P.A. 89-628, eff. 8-9-96; 90-30, eff. 7-1-97;
23 revised 10-31-98.)
24 (215 ILCS 105/5) (from Ch. 73, par. 1305)
25 Sec. 5. Plan administrator.
26 a. The board shall select a plan administrator through a
27 competitive bidding process to administer the plan. The
28 board shall evaluate bids submitted under this Section based
29 on criteria established by the board which shall include:
30 (1) The plan administrator's proven ability to
31 handle other large group accident and health benefit
32 plans.
33 (2) The efficiency and timeliness of the plan
-810- LRB9101253EGfg
1 administrator's claim processing procedures.
2 (3) An estimate of total net cost for administering
3 the plan, including any discounts or income the Plan
4 could expect to receive or benefit from.
5 (4) The plan administrator's ability to apply
6 effective cost containment programs and procedures and to
7 administer the plan in a cost-efficient manner.
8 (5) The financial condition and stability of the
9 plan administrator.
10 b. The plan administrator shall serve for a period of 5
11 years subject to removal for cause and subject to the terms,
12 conditions and limitations of the contract between the board
13 and the plan administrator. At least one year prior to the
14 expiration of each 5 year period of service by the current
15 plan administrator, the board shall begin to advertise for
16 bids to serve as the plan administrator for the succeeding 5
17 year period. Selection of the plan administrator for the
18 succeeding period shall be made at least 6 months prior to
19 the end of the current 5 year period.
20 c. The plan administrator shall perform such functions
21 relating to the plan as may be assigned to it including:
22 (1) establishment of a premium billing procedure
23 for collection of premiums from plan participants.
24 Billings shall be made on a periodic basis as determined
25 by the board;
26 (2) payment and processing of claims and various
27 cost containment functions; and
28 (3) other functions to assure timely payment of
29 benefits to participants under the plan, including:
30 (a) making available information relating to
31 the proper manner of submitting a claim for benefits
32 under the plan and distributing forms upon which
33 submissions shall be made, and.
34 (b) evaluating the eligibility of each claim
-811- LRB9101253EGfg
1 for payment under the plan.
2 (c) The plan administrator shall be governed by the
3 requirements of Part 919 of Title 50 of the Illinois
4 Administrative Code, promulgated by the Department of
5 Insurance, regarding the handling of claims under this Act.
6 d. The plan administrator shall submit regular reports
7 to the board regarding the operation of the plan. The
8 frequency, content and form of the report shall be as
9 determined by the board.
10 e. The plan administrator shall pay or be reimbursed for
11 claims expenses from the premium payments received from or on
12 behalf of plan participants. If the plan administrator's
13 payments or reimbursements for claims expenses exceed the
14 portion of premiums allocated by the board for payment of
15 claims expenses, the board shall provide additional funds to
16 the plan administrator for payment or reimbursement of such
17 claims expenses.
18 f. The plan administrator shall be paid as provided in
19 the contract between the Board and the plan administrator.
20 (Source: P.A. 90-30, eff. 7-1-97; 90-567, eff. 1-23-98;
21 revised 2-16-98.)
22 Section 120. The Health Maintenance Organization Act is
23 amended by changing Sections 1-3, 2-7, 4-4, and 5-3 as
24 follows:
25 (215 ILCS 125/1-3) (from Ch. 111 1/2, par. 1402.1)
26 Sec. 1-3. Definitions of admitted assets. "Admitted
27 Assets" includes the investments authorized or permitted by
28 Section 3-1 of this Act and, in addition thereto, only the
29 following:
30 (a) Petty cash and other cash funds in the
31 organization's principal or any official branch office and
32 under the control of the organization.
-812- LRB9101253EGfg
1 (b) Immediately withdrawable funds on deposit in demand
2 accounts, in a bank or trust company as defined in paragraph
3 (3) of subsection (g) of Section 3-1 or like funds actually
4 in the principal or any official branch office at statement
5 date, and, in transit to such bank or trust company with
6 authentic deposit credit given prior to the close of business
7 on the fifth bank working day following the statement date.
8 (c) The amount fairly estimated as recoverable on cash
9 deposited in a closed bank or trust company, if qualifying
10 under the provisions of this Section Sec. prior to the
11 suspension of such bank or trust company.
12 (d) Bills and accounts receivable collateralized by
13 securities of the kind in which the organization is
14 authorized to invest.
15 (e) Premiums receivable from groups or individuals which
16 are not more than 60 days past due. Premiums receivable from
17 the United States, any state thereof or any political
18 subdivision of either which is not more than 90 days past
19 due.
20 (f) Amounts due under insurance policies or reinsurance
21 arrangements from insurance companies authorized to do
22 business in this State.
23 (g) Tax refunds due from the United States, any state or
24 any political subdivision thereof.
25 (h) The interest accrued on mortgage loans conforming to
26 Section 3-1 of this Act, not exceeding in aggregate amount on
27 an individual loan of one year's total due and accrued
28 interest.
29 (i) The rents accrued and owing to the organization on
30 real and personal property, directly or beneficially owned,
31 not exceeding on each individual property the amount of one
32 year's total due and accrued rent.
33 (j) Interest or rents accrued on conditional sales
34 agreements, security interests, chattel mortgages and real or
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1 personal property under lease to other corporations, all
2 conforming to Section 3-1 of this Act, and not exceeding on
3 any individual investment, the amount of one year's total due
4 and accrued interest or rent.
5 (k) The fixed and required interest due and accrued on
6 bonds and other like evidences of indebtedness, conforming to
7 Section 3-1 of this Act, and not in default.
8 (l) Dividends receivable on shares of stock conforming
9 to Section 3-1 of this Act; provided that the market price
10 taken for valuation purposes does not include the value of
11 the dividend.
12 (m) The interest or dividends due and payable, but not
13 credited, on deposits in banks and trust companies or on
14 accounts with savings and loan associations.
15 (n) Interest accrued on secured loans conforming to this
16 Act, not exceeding the amount of one year's interest on any
17 loan.
18 (o) Interest accrued on tax anticipation warrants.
19 (p) The amortized value of electronic computer or data
20 processing machines or systems purchased for use in
21 connection with the business of the organization, including
22 software purchased and developed specifically for the
23 organization's use and purposes.
24 (q) The cost of furniture, equipment and medical
25 equipment, less accumulated depreciation thereon, and
26 medical and pharmaceutical supplies that are used in the
27 delivery of health care and under the control of the
28 organization, provided such assets do not exceed 30% of
29 admitted assets.
30 (r) Amounts due from affiliates pursuant to management
31 contracts or service agreements which meet the requirements
32 of Section 141.1 of the Illinois Insurance Code to the extent
33 that the affiliate has liquid assets with which to pay the
34 balance and maintain its accounts on a current basis;
-814- LRB9101253EGfg
1 provided that the aggregate amount due from affiliates may
2 not exceed the lesser of 10% of the organization's admitted
3 assets or 25% of the organization's net worth as defined in
4 Section 3-1. Any amount outstanding more than 3 months shall
5 be deemed not current. For purpose of this subsection
6 "affiliates" are as defined in Article VIII 1/2 of the
7 Illinois Insurance Code.
8 (s) Intangible assets, including, but not limited to,
9 organization goodwill and purchased goodwill, to the extent
10 reported in the most recent annual or quarterly financial
11 statement filed with the Director preceding the effective
12 date of this Amendatory Act of 1987. However, such assets
13 shall be amortized, by the straight-line method, to a value
14 of zero no later than December 31, 1990; provided, however,
15 that no organization shall be required pursuant to the
16 foregoing provision to amortize such assets in an amount
17 greater than $300,000 in any one year, and in cases where
18 amortization of such assets by December 31, 1990 would
19 otherwise require amortization of an annual amount in excess
20 of $300,000, the organization shall be required only to
21 amortize such assets at a rate of $300,000 per year until all
22 such assets have been amortized to a value of zero, unless
23 the continuation of the current amortization schedule would
24 result in an earlier zero value, in which case the current
25 amortization schedule shall be applied.
26 (t) Amounts due from patients or enrollees for health
27 care services rendered which are not more than 60 days past
28 due.
29 (u) Amounts advanced to providers under contract to the
30 organization for services to be rendered to enrollees
31 pursuant to the contract. Amounts advanced must be for
32 period of not more than 3 months and must be based on
33 historical or estimated utilization patterns with the
34 provider and must be reconciled against actual incurred
-815- LRB9101253EGfg
1 claims at least semi-annually. Amounts due in the aggregate
2 may not exceed 50% of the organization's net worth as defined
3 in Section 3-1. Amounts due from a single provider may not
4 exceed the lesser of 5% of the organization's admitted assets
5 or 10% of the organization's net worth.
6 (v) Cost reimbursement due from the Health Care
7 Financing Administration for furnishing covered medicare
8 services to medicare enrollees which are not more than twelve
9 months past due.
10 (w) Prepaid rent or lease payments no greater than 3
11 months in advance, on real property used for the
12 administration of the organizations business or for the
13 delivery of medical care.
14 (Source: P.A. 88-364; revised 10-31-98.)
15 (215 ILCS 125/2-7) (from Ch. 111 1/2, par. 1407)
16 Sec. 2-7. Annual statement; audited financial reports;
17 enrollment projections and budget; filings.
18 (a) Every Health Maintenance Organization shall
19 annually, on or before the first day of March, file 2
20 original copies of its annual statement with the Director
21 verified by at least two principal officers, covering the two
22 preceding calendar years. Such annual statement shall be on
23 forms prescribed by the Director and shall include: (1)
24 financial statements of the organization; (2) the number of
25 persons enrolled during the year, the number of enrollees at
26 the end of the year and the number of enrollments terminated
27 during the year; and (3) such other information relating to
28 the performance of the Health Maintenance Organization as is
29 necessary to enable the Director to carry out his duties
30 under this Act.
31 Any organization failing, without just cause, to file its
32 annual statement as required in this Act shall be required,
33 after notice and hearing, to pay a penalty of $100 for each
-816- LRB9101253EGfg
1 day's delay, to be recovered by the Director of Insurance of
2 the State of Illinois and the penalty so recovered shall be
3 paid into the General Revenue Fund of the State of Illinois.
4 The Director may reduce the penalty if the company
5 demonstrates to the Director that the imposition of the
6 penalty would constitute a financial hardship to the
7 organization.
8 An annual statement which is not materially complete when
9 filed shall not be considered to have been properly filed
10 until those deficiencies which make the filing incomplete
11 have been corrected and filed file.
12 (b) Audited financial reports shall be filed on or
13 before June 1 of each year for the two calendar years
14 immediately preceding and shall provide an opinion expressed
15 by an independent certified public accountant on the
16 accompanying financial statement of the Health Maintenance
17 Organization and a detailed reconciliation for any
18 differences between the accompanying financial statements and
19 each of the related financial statements filed in accordance
20 with subsection (a) of this Section. Any organization
21 failing, without just cause, to file the annual audited
22 financial statement as required in this Act shall be
23 required, after the notice and hearing, to pay a penalty of
24 $100 for each day's delay, to be recovered by the Director of
25 Insurance of the State of Illinois and the penalty so
26 recovered shall be paid into the General Revenue Fund of the
27 State of Illinois. The Director may reduce the penalty if
28 the organization demonstrates to the Director that the
29 imposition of the penalty would constitute a financial
30 hardship to the organization.
31 (c) The Director may require that additional summary
32 financial information be filed no more often than 3 times per
33 year on reporting forms provided by him. However, he may
34 request certain key information on a more frequent basis if
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1 necessary for a determination of the financial viability of
2 the organization.
3 (d) The Director shall have the authority to extend the
4 time for filing any statement by any organization for reasons
5 which the Director considers good and sufficient.
6 (Source: P.A. 85-20; revised 10-31-98.)
7 (215 ILCS 125/4-4) (from Ch. 111 1/2, par. 1408.4)
8 Sec. 4-4. Sexual assault or abuse victims; coverage of
9 expenses; recovery of State funds; reimbursement of
10 Department of Public Health.
11 (1) Contracts or evidences of coverage issued by a
12 health maintenance organization, which provide benefits for
13 health care services, shall to the full extent of coverage
14 provided for any other emergency or accident care, provide
15 for the payment of actual expenses incurred, without offset
16 or reduction for benefit deductibles or co-insurance amounts,
17 in the examination and testing of a victim of an offense
18 defined in Sections 12-13 through 12-16 of the Criminal Code
19 of 1961, as now or hereafter amended, or an attempt to commit
20 such offense, to establish that sexual contact did occur or
21 did not occur, and to establish the presence or absence of
22 sexually transmitted disease or infection, and examination
23 and treatment of injuries and trauma sustained by a victim of
24 such offense.
25 (2) For purposes of enabling the recovery of State
26 funds, any health maintenance organization subject to this
27 Section shall upon reasonable demand by the Department of
28 Public Health disclose the names and identities of its
29 enrollees entitled to benefits under this provision to the
30 Department of Public Health whenever the Department of Public
31 Health has determined that it has paid, or is about to pay
32 for, health care services for which a health maintenance
33 organization is liable under this Section. All information
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1 received by the Department of Public Health under this
2 provision shall be held on a confidential basis and shall not
3 be subject to subpoena and shall not be made public by the
4 Department of Public Health or used for any purpose other
5 than that authorized by this Section.
6 (3) Whenever the Department of Public Health finds that
7 it has paid for all or part of any health care services for
8 which a health maintenance organization is obligated to pay
9 under this Section, the Department of Public Health shall be
10 entitled to receive reimbursement for its payments from such
11 organization provided that the Department of Public Health
12 has notified the organization of its claims before the
13 organization has paid such benefits to its enrollees or in
14 behalf of its enrollees.
15 (Source: P.A. 89-187, eff. 7-19-95; revised 2-25-98.)
16 (215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2)
17 Sec. 5-3. Insurance Code provisions.
18 (a) Health Maintenance Organizations shall be subject to
19 the provisions of Sections 133, 134, 137, 140, 141.1, 141.2,
20 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154, 154.5,
21 154.6, 154.7, 154.8, 155.04, 355.2, 356m, 356v, 356w, 356x,
22 367i, 401, 401.1, 402, 403, 403A, 408, 408.2, 409, 412, 444,
23 and 444.1, paragraph (c) of subsection (2) of Section 367,
24 and Articles VIII 1/2, XII, XII 1/2, XIII, XIII 1/2, XXV, and
25 XXVI of the Illinois Insurance Code.
26 (b) For purposes of the Illinois Insurance Code, except
27 for Sections 444 and 444.1 and Articles XIII and XIII 1/2,
28 Health Maintenance Organizations in the following categories
29 are deemed to be "domestic companies":
30 (1) a corporation authorized under the Dental
31 Service Plan Act or the Voluntary Health Services Plans
32 Act;
33 (2) a corporation organized under the laws of this
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1 State; or
2 (3) a corporation organized under the laws of
3 another state, 30% or more of the enrollees of which are
4 residents of this State, except a corporation subject to
5 substantially the same requirements in its state of
6 organization as is a "domestic company" under Article
7 VIII 1/2 of the Illinois Insurance Code.
8 (c) In considering the merger, consolidation, or other
9 acquisition of control of a Health Maintenance Organization
10 pursuant to Article VIII 1/2 of the Illinois Insurance Code,
11 (1) the Director shall give primary consideration
12 to the continuation of benefits to enrollees and the
13 financial conditions of the acquired Health Maintenance
14 Organization after the merger, consolidation, or other
15 acquisition of control takes effect;
16 (2)(i) the criteria specified in subsection (1)(b)
17 of Section 131.8 of the Illinois Insurance Code shall not
18 apply and (ii) the Director, in making his determination
19 with respect to the merger, consolidation, or other
20 acquisition of control, need not take into account the
21 effect on competition of the merger, consolidation, or
22 other acquisition of control;
23 (3) the Director shall have the power to require
24 the following information:
25 (A) certification by an independent actuary of
26 the adequacy of the reserves of the Health
27 Maintenance Organization sought to be acquired;
28 (B) pro forma financial statements reflecting
29 the combined balance sheets of the acquiring company
30 and the Health Maintenance Organization sought to be
31 acquired as of the end of the preceding year and as
32 of a date 90 days prior to the acquisition, as well
33 as pro forma financial statements reflecting
34 projected combined operation for a period of 2
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1 years;
2 (C) a pro forma business plan detailing an
3 acquiring party's plans with respect to the
4 operation of the Health Maintenance Organization
5 sought to be acquired for a period of not less than
6 3 years; and
7 (D) such other information as the Director
8 shall require.
9 (d) The provisions of Article VIII 1/2 of the Illinois
10 Insurance Code and this Section 5-3 shall apply to the sale
11 by any health maintenance organization of greater than 10% of
12 its enrollee population (including without limitation the
13 health maintenance organization's right, title, and interest
14 in and to its health care certificates).
15 (e) In considering any management contract or service
16 agreement subject to Section 141.1 of the Illinois Insurance
17 Code, the Director (i) shall, in addition to the criteria
18 specified in Section 141.2 of the Illinois Insurance Code,
19 take into account the effect of the management contract or
20 service agreement on the continuation of benefits to
21 enrollees and the financial condition of the health
22 maintenance organization to be managed or serviced, and (ii)
23 need not take into account the effect of the management
24 contract or service agreement on competition.
25 (f) Except for small employer groups as defined in the
26 Small Employer Rating, Renewability and Portability Health
27 Insurance Act and except for medicare supplement policies as
28 defined in Section 363 of the Illinois Insurance Code, a
29 Health Maintenance Organization may by contract agree with a
30 group or other enrollment unit to effect refunds or charge
31 additional premiums under the following terms and conditions:
32 (i) the amount of, and other terms and conditions
33 with respect to, the refund or additional premium are set
34 forth in the group or enrollment unit contract agreed in
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1 advance of the period for which a refund is to be paid or
2 additional premium is to be charged (which period shall
3 not be less than one year); and
4 (ii) the amount of the refund or additional premium
5 shall not exceed 20% of the Health Maintenance
6 Organization's profitable or unprofitable experience with
7 respect to the group or other enrollment unit for the
8 period (and, for purposes of a refund or additional
9 premium, the profitable or unprofitable experience shall
10 be calculated taking into account a pro rata share of the
11 Health Maintenance Organization's administrative and
12 marketing expenses, but shall not include any refund to
13 be made or additional premium to be paid pursuant to this
14 subsection (f)). The Health Maintenance Organization and
15 the group or enrollment unit may agree that the
16 profitable or unprofitable experience may be calculated
17 taking into account the refund period and the immediately
18 preceding 2 plan years.
19 The Health Maintenance Organization shall include a
20 statement in the evidence of coverage issued to each enrollee
21 describing the possibility of a refund or additional premium,
22 and upon request of any group or enrollment unit, provide to
23 the group or enrollment unit a description of the method used
24 to calculate (1) the Health Maintenance Organization's
25 profitable experience with respect to the group or enrollment
26 unit and the resulting refund to the group or enrollment unit
27 or (2) the Health Maintenance Organization's unprofitable
28 experience with respect to the group or enrollment unit and
29 the resulting additional premium to be paid by the group or
30 enrollment unit.
31 In no event shall the Illinois Health Maintenance
32 Organization Guaranty Association be liable to pay any
33 contractual obligation of an insolvent organization to pay
34 any refund authorized under this Section.
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1 (Source: P.A. 89-90, eff. 6-30-95; 90-25, eff. 1-1-98;
2 90-177, eff. 7-23-97; 90-372, eff. 7-1-98; 90-583, eff.
3 5-29-98; 90-655, eff. 7-30-98; 90-741, eff. 1-1-99; revised
4 9-8-98.)
5 Section 121. The Public Utilities Act is amended by
6 changing Sections 4-304, 4-501, 4-502, 7-102, 7-106, 9-241,
7 and 13-403 as follows:
8 (220 ILCS 5/4-304) (from Ch. 111 2/3, par. 4-304)
9 Sec. 4-304. Beginning in 1986, the Commission shall
10 prepare an annual report which shall be filed by January 31
11 of each year with the Joint Committee on Legislative Support
12 Services of the General Assembly, the Public Counsel and the
13 Governor and which shall be publicly available. Such report
14 shall include:
15 (1) A general review of agency activities and changes,
16 including:
17 (a) a review of significant decisions and other
18 regulatory actions for the preceding year, and pending
19 cases, and an analysis of the impact of such decisions
20 and actions, and potential impact of any significant
21 pending cases;
22 (b) for each significant decision, regulatory
23 action and pending case, a description of the positions
24 advocated by major parties, including Commission staff,
25 and for each such decision rendered or action taken, the
26 position adopted by the Commission and reason therefor
27 therefore;
28 (c) a description of the Commission's budget,
29 caseload, and staff levels, including specifically:
30 (i) a breakdown by type of case of the cases
31 resolved and filed during the year and of pending
32 cases;
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1 (ii) a description of the allocation of the
2 Commission's budget, identifying amounts budgeted
3 for each significant regulatory function or activity
4 and for each department, bureau, section, division
5 or office of the Commission and its employees;
6 (iii) a description of current employee
7 levels, identifying any change occurring during the
8 year in the number of employees, personnel policies
9 and practices or compensation levels; and
10 identifying the number and type of employees
11 assigned to each Commission regulatory function and
12 to each department, bureau, section, division or
13 office of the Commission;
14 (d) a description of any significant changes in
15 Commission policies, programs or practices with respect
16 to agency organization and administration, hearings and
17 procedures or substantive regulatory activity.;
18 (2) A discussion and analysis of the state of each
19 utility industry regulated by the Commission and significant
20 changes, trends and developments therein, including the
21 number and types of firms offering each utility service,
22 existing, new and prospective technologies, variations in the
23 quality, availability and price for utility services in
24 different geographic areas of the State, and any other
25 industry factors or circumstances which may affect the public
26 interest or the regulation of such industries.
27 (3) A specific discussion of the energy planning
28 responsibilities and activities of the Commission and energy
29 utilities, including:
30 (a) the extent to which conservation, cogeneration,
31 renewable energy technologies and improvements in energy
32 efficiency are being utilized by energy consumers, the
33 extent to which additional potential exists for the
34 economical utilization of such supplies, and a
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1 description of existing and proposed programs and
2 policies designed to promote and encourage such
3 utilization;
4 (b) a description of each energy plan filed with
5 the Commission pursuant to the provisions of this Act,
6 and a copy, or detailed summary of the most recent energy
7 plans adopted by the Commission; and
8 (c) a discussion of the powers by which the
9 Commission is implementing the planning responsibilities
10 of Article VIII, including a description of the staff and
11 budget assigned to such function, the procedures by which
12 Commission staff reviews and analyzes energy plans
13 submitted by the utilities, the Department of Natural
14 Resources, and any other person or party.
15 (4) A discussion of the extent to which utility services
16 are available to all Illinois citizens including:
17 (a) the percentage and number of persons or
18 households requiring each such service who are not
19 receiving such service, and the reasons therefore,
20 including specifically the number of such persons or
21 households who are unable to afford such service;
22 (b) a critical analysis of existing programs
23 designed to promote and preserve the availability and
24 affordability of utility services; and
25 (c) an analysis of the financial impact on
26 utilities and other ratepayers of the inability of some
27 customers or potential customers to afford utility
28 service, including the number of service disconnections
29 and reconnections, and cost thereof and the dollar amount
30 of uncollectible accounts recovered through rates.
31 (5) A detailed description of the means by which the
32 Commission is implementing its new statutory responsibilities
33 under this Act, and the status of such implementation,
34 including specifically:
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1 (a) Commission reorganization resulting from the
2 addition of an Executive Director and hearing examiner
3 qualifications and review;.
4 (b) Commission responsibilities for construction
5 and rate supervision, including construction cost audits,
6 management audits, excess capacity adjustments, phase-ins
7 of new plant and the means and capability for monitoring
8 and reevaluating existing or future construction projects
9 ;.
10 (c) promulgation and application of rules
11 concerning ex parte communications, circulation of
12 recommended orders and transcription of closed meetings.
13 (6) A description of all appeals taken from Commission
14 orders, findings or decisions and the status and outcome of
15 such appeals.
16 (7) A description of the status of all studies and
17 investigations required by this Act, including those ordered
18 pursuant to Sections 8-304, 9-242, 9-244 and 13-301 and all
19 such subsequently ordered studies or investigations.
20 (8) A discussion of new or potential developments in
21 federal legislation, and federal agency and judicial
22 decisions relevant to State regulation of utility services.
23 (9) All recommendations for appropriate legislative
24 action by the General Assembly.
25 The Commission may include such other information as it
26 deems to be necessary or beneficial in describing or
27 explaining its activities or regulatory responsibilities. The
28 report required by this Section shall be adopted by a vote of
29 the full Commission prior to filing.
30 (Source: P.A. 89-445, eff. 2-7-96; revised 10-31-98.)
31 (220 ILCS 5/4-501)
32 Sec. 4-501. Small public utilities and
33 telecommunications carriers; circuit court appointment of
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1 receiver; bond.
2 (a) If a public utility or telecommunications carrier
3 that has fewer than 7,500 customers:
4 (1) is unable or unwilling to provide safe,
5 adequate, or reliable service;
6 (2) no longer possesses sufficient technical,
7 financial, or managerial resources and abilities to
8 provide safe, adequate, or reliable service;
9 (3) has been actually or effectively abandoned by
10 its owners or operators;
11 (4) has defaulted on a bond, note, or loan issued
12 or guaranteed by a department, office, commission, board,
13 authority, or other unit of State government;
14 (5) has failed to comply, within a reasonable
15 period of time, with an order of the Commission
16 concerning the safety, adequacy, efficiency, or
17 reasonableness of service; or
18 (6) has allowed property owned or controlled by it
19 to be used in violation of a final order of the
20 Commission;
21 the Commission may file a petition for receivership and a
22 verifying affidavit executed by the executive director of the
23 Commission or a person designated by the executive director
24 asking the circuit court for an order attaching the assets of
25 the public utility or telecommunications carrier and placing
26 the public utility or telecommunications carrier under the
27 control and responsibility of a receiver.
28 (b) The court shall hold a hearing within 5 days of the
29 filing of the petition. The petition and notice of the
30 hearing shall be served upon the owner or designated agent of
31 the public utility or telecommunications carrier as provided
32 under the Civil Practice Law, or the petition and notice of
33 hearing shall be posted in a conspicuous area at a location
34 where the public utility or telecommunications carrier
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1 normally conducts its business affairs, not later than 3 days
2 before the time specified for the hearing unless a different
3 period is fixed by order of court.
4 If a petition for receivership and verifying affidavit
5 executed by the executive director of the Commission or the
6 person designated by the executive director allege an
7 immediate and serious danger to residents constituting an
8 emergency, the court shall set the matter for hearing within
9 3 days and may appoint a temporary receiver ex parte upon the
10 strength of the petition and affidavit pending a full
11 evidentiary hearing. The court shall hold a full evidentiary
12 hearing on the petition within 5 days of the appointment of
13 the temporary receiver. The public utility or
14 telecommunications carrier shall be served with the petition,
15 affidavit, and notice of hearing in the manner provided in
16 this subsection not later than 3 days before the time
17 specified for the full evidentiary hearing, unless a
18 different period is fixed by order of court.
19 (c) After a hearing, the court shall determine whether
20 to grant the petition. A receiver appointed under this
21 Section shall be a responsible person, partnership, or
22 corporation knowledgeable in the operation of the type of
23 public utility or telecommunications carrier that is the
24 subject of the petition for receivership.
25 (d) A receiver appointed by the court shall file a bond.
26 The receiver shall operate the public utility or
27 telecommunications carrier to preserve its assets and to
28 serve the best interests of its customers. The receiver
29 appointed shall directly or by its agents and attorneys enter
30 upon and take possession of the public utility's or
31 telecommunications carrier's facilities and operations and
32 may exclude from the public utility's or telecommunications
33 carrier's facilities any or all of the public utility's or
34 telecommunications carrier's officers, agents, or employees
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1 and all persons claiming under them. The receiver shall have
2 possession and control the facilities and shall exercise all
3 rights and powers with respect to the facilities that could
4 be exercised by the public utility or telecommunications
5 carrier. The receiver shall maintain, restore, insure, and
6 make all proper repairs to the public utility or
7 telecommunications facilities. The receiver shall have the
8 powers and duties necessary for the continued operation of
9 the public utility or telecommunications carrier and the
10 provision of continuous and adequate services to customers.
11 (e) The receiver shall, in the performance of the powers
12 conferred, act under the supervision of the court making the
13 appointment. The receiver is at all times subject to the
14 orders of the court and may be removed by the court. The
15 court may enter other orders that it considers appropriate
16 for the exercise by the receiver of functions specifically
17 set forth in this Section. The receiver shall be compensated
18 from the assets of the public utility or telecommunications
19 carrier in an amount to be determined by the court. In
20 addition, in a suit, action, or proceeding by or against the
21 receiver of a public utility or telecommunications carrier,
22 the fees, counsel fees, and expenses of the receiver, if any,
23 that are incurred to prosecute or defend the suit, action, or
24 proceeding shall be paid out of the assets of the public
25 utility or telecommunications carrier.
26 (f) If the receiver determines that the public utility's
27 or telecommunications carrier's actions that caused it to be
28 placed under the control and responsibility of the receiver
29 were due to misappropriation or wrongful diversion of the
30 assets or income of the company or to other misconduct by a
31 director, officer, or manager of the company, the receiver
32 shall file a petition with the circuit court that issued the
33 order of receivership for an order that the director,
34 officer, or manager be ordered to pay compensatory damages to
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1 the company because of the misappropriation, diversion, or
2 misconduct.
3 (g) Control of and responsibility for the public utility
4 or telecommunications carrier shall remain in the receiver
5 until, upon a showing of good cause by the public utility or
6 telecommunications carrier, the court determines that it is
7 in the best interests of its customers that the public
8 utility or telecommunications carrier be returned to the
9 owners or the court determines that the receiver is no longer
10 required. The court may also direct the receiver to liquidate
11 the assets of the public utility or telecommunications
12 carrier in the manner provided by law.
13 (h) The appointment of a receiver shall be in addition
14 to any other remedies provided by law.
15 (Source: P.A. 88-604, eff. 9-1-94; revised 10-31-98.)
16 (220 ILCS 5/4-502)
17 Sec. 4-502. Small public utility or telecommunications
18 carrier; acquisition by capable utility; Commission
19 determination; procedure.
20 (a) The Commission may provide for the acquisition of a
21 small public utility or telecommunications carrier by a
22 capable public utility or telecommunications carrier, if the
23 Commission, after notice and an opportunity to be heard,
24 determines one or more of the following:
25 (1) the small public utility or telecommunications
26 carrier is failing to provide safe, adequate, or reliable
27 service;
28 (2) the small public utility or telecommunications
29 carrier no longer possesses sufficient technical,
30 financial, or managerial resources and abilities to
31 provide the service or services for which its certificate
32 was originally granted;
33 (3) the small public utility or telecommunications
-830- LRB9101253EGfg
1 carrier has been actually or effectively abandoned by its
2 owners or operators;
3 (4) the small public utility or telecommunications
4 carrier has defaulted on a bond, note, or loan issued or
5 guaranteed by a department, office, commission, board,
6 authority, or other unit of State government;
7 (5) the small public utility or telecommunications
8 carrier has wilfully failed to comply with any provision
9 of this Act, any other provision of State or federal law,
10 or any rule, regulation, order, or decision of the
11 Commission; or
12 (6) the small public utility or telecommunications
13 carrier has wilfully allowed property owned or controlled
14 by it to be used in violation of this Act, any other
15 provision of State or federal law, or any rule,
16 regulation, order, or decision of the Commission.
17 (b) As used in this Section, "small public utility or
18 telecommunications carrier" means a public utility or
19 telecommunications carrier that regularly provides service to
20 fewer than 7,500 customers.
21 (c) In making a determination under subsection (a), the
22 Commission shall consider all of the following:
23 (1) The financial, managerial, and technical
24 ability of the small public utility or telecommunications
25 carrier.
26 (2) The financial, managerial, and technical
27 ability of all proximate public utilities or
28 telecommunications carriers providing the same type of
29 service.
30 (3) The expenditures that may be necessary to make
31 improvements to the small public utility or
32 telecommunications carrier to assure compliance with
33 applicable statutory and regulatory standards concerning
34 the adequacy, efficiency, safety, or reasonableness of
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1 utility service.
2 (4) The expansion of the service territory of the
3 acquiring capable public utility or telecommunications
4 carrier to include the service area of the small public
5 utility or telecommunications carrier to be acquired.
6 (5) Whether the rates charged by the acquiring
7 capable public utility or telecommunications carrier to
8 its acquisition customers will increase unreasonably
9 because of the acquisition.
10 (6) Any other matter that may be relevant.
11 (d) For the purposes of this Section, a "capable public
12 utility or telecommunications carrier" means a public
13 utility, as defined under Section 3-105 of this Act,
14 including those entities listed in subsections 1 through 5 of
15 Section 3-105, or a telecommunications carrier, as defined
16 under Section 13-202 of this Act, including those entities
17 listed in subsections (a) and (b) of Section 13-202, that:
18 (1) regularly provides the same type of service as
19 the small public utility or telecommunications carrier,
20 to 7,500 or more customers, and provides safe, adequate,
21 and reliable service to those customers; however, public
22 utility or telecommunications carrier that would
23 otherwise be a capable public utility except for the fact
24 that it has fewer than 7,500 customers may elect to be a
25 capable public utility or telecommunications carrier for
26 the purposes of this Section regardless of the number of
27 its customers and regardless of whether or not it is
28 proximate to the small public utility or
29 telecommunications carrier to be acquired;
30 (2) is not an affiliated interest of the small
31 public utility or telecommunications carrier;
32 (3) agrees to acquire the small public utility or
33 telecommunications carrier that is the subject of the
34 proceeding, under the terms and conditions contained in
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1 the Commission order approving the acquisition; and
2 (4) is financially, managerially, and technically
3 capable of acquiring and operating the small public
4 utility or telecommunications carrier in compliance with
5 applicable statutory and regulatory standards.
6 (e) The Commission may, on its own motion or upon
7 petition, initiate a proceeding in order to determine whether
8 an order of acquisition should be entered. Upon the
9 establishment of a prima facie case that the acquisition of
10 the small public utility or telecommunications carrier would
11 be in the public interest and in compliance with the
12 provisions of this Section all of the following apply:
13 (1) The small public utility or telecommunications
14 carrier that is the subject of the acquisition
15 proceedings has the burden of proving its ability to
16 render safe, adequate, and reliable service at just and
17 reasonable rates.
18 (2) The small public utility or telecommunications
19 carrier that is the subject of the acquisition
20 proceedings may present evidence to demonstrate the
21 practicality and feasibility of the following
22 alternatives to acquisition:
23 (A) the reorganization of the small public
24 utility or telecommunications carrier under new
25 management;
26 (B) the entering of a contract with another
27 public utility, telecommunications carrier, or a
28 management or service company to operate the small
29 public utility or telecommunications carrier;
30 (C) the appointment of a receiver to operate
31 the small public utility or telecommunications
32 carrier, in accordance with the provisions of
33 Section 4-501 of this the Act; or
34 (D) the merger of the small public utility or
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1 telecommunications carrier with one or more other
2 public utilities or telecommunications carriers.
3 (3) A public utility or telecommunications carrier
4 that desires to acquire the small public utility or
5 telecommunications carrier has the burden of proving that
6 it is a capable public utility or telecommunications
7 carrier.
8 (f) Subject to the determinations and considerations
9 required by subsections (a), (b), (c), (d) and (e) of this
10 Section, the Commission shall issue an order concerning the
11 acquisition of the small public utility or telecommunications
12 carrier by a capable public utility or telecommunications
13 carrier. If the Commission finds that the small public
14 utility or telecommunications carrier should be acquired by
15 the capable public utility or telecommunications carrier, the
16 order shall also provide for the extension of the service
17 area of the acquiring capable public utility or
18 telecommunications carrier.
19 (g) The price for the acquisition of the small public
20 utility or telecommunications carrier shall be determined by
21 agreement between the small public utility or
22 telecommunications carrier and the acquiring capable public
23 utility or telecommunications carrier subject to a
24 determination by the Commission that the price is reasonable.
25 If the small public utility or telecommunications carrier and
26 the acquiring capable public utility or telecommunications
27 carrier are unable to agree on the acquisition price or the
28 Commission disapproves the acquisition price upon which they
29 have agreed, the Commission shall issue an order directing
30 the acquiring capable public utility or telecommunications
31 carrier to acquire the small public utility or
32 telecommunications carrier by following the procedure
33 prescribed for the exercise of the powers of eminent domain
34 under Section 8-509 of this the Act.
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1 (h) The Commission may, in its discretion and for a
2 reasonable period of time after the date of acquisition,
3 allow the acquiring capable public utility or
4 telecommunications carrier to charge and collect rates from
5 the customers of the acquired small public utility or
6 telecommunications carrier under a separate tariff.
7 (i) A capable public utility or telecommunications
8 carrier ordered by the Commission to acquire a small public
9 utility or telecommunications carrier shall submit to the
10 Commission for approval before the acquisition a plan,
11 including a timetable, for bringing the small public utility
12 or telecommunications carrier into compliance with applicable
13 statutory and regulatory standards.
14 (Source: P.A. 88-604, eff. 9-1-94; revised 10-31-98.)
15 (220 ILCS 5/7-102) (from Ch. 111 2/3, par. 7-102)
16 Sec. 7-102. Transactions requiring Commission approval.
17 (A) Unless the consent and approval of the Commission is
18 first obtained or unless such approval is waived by the
19 Commission or is exempted in accordance with the provisions
20 of this Section or of any other Section of this Act:
21 (a) No 2 or more public utilities may enter into
22 contracts with each other that will enable such public
23 utilities to operate their lines or plants in connection
24 with each other.;
25 (b) No public utility may purchase, lease, or in
26 any other manner acquire control, direct or indirect,
27 over the franchises, licenses, permits, plants,
28 equipment, business or other property of any other public
29 utility.;
30 (c) No public utility may assign, transfer, lease,
31 mortgage, sell (by option or otherwise), or otherwise
32 dispose of or encumber the whole or any part of its
33 franchises, licenses, permits, plant, equipment,
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1 business, or other property, but the consent and approval
2 of the Commission shall not be required for the sale,
3 lease, assignment or transfer (1) by any public utility
4 of any tangible personal property which is not necessary
5 or useful in the performance of its duties to the public,
6 or (2) by any railroad of any real or tangible personal
7 property.;
8 (d) No public utility may by any means, direct or
9 indirect, merge or consolidate its franchises, licenses,
10 permits, plants, equipment, business or other property
11 with that of any other public utility.;
12 (e) No public utility may purchase, acquire, take
13 or receive any stock, stock certificates, bonds, notes or
14 other evidences of indebtedness of any other public
15 utility.;
16 (f) No public utility may in any manner, directly
17 or indirectly, guarantee the performance of any contract
18 or other obligation of any other person, firm or
19 corporation whatsoever.;
20 (g) No public utility may use, appropriate, or
21 divert any of its moneys, property or other resources in
22 or to any business or enterprise which is not, prior to
23 such use, appropriation or diversion essentially and
24 directly connected with or a proper and necessary
25 department or division of the business of such public
26 utility; provided that this subsection shall not be
27 construed as modifying subsections (a) through (e) of
28 this Section.;
29 (h) No public utility may, directly or indirectly,
30 invest, loan or advance, or permit to be invested, loaned
31 or advanced any of its moneys, property or other
32 resources in, for, in behalf of or to any other person,
33 firm, trust, group, association, company or corporation
34 whatsoever, except that no consent or approval by the
-836- LRB9101253EGfg
1 Commission is necessary for the purchase of stock in
2 development credit corporations organized under the
3 Illinois Development Credit Corporation Act, providing
4 that no such purchase may be made hereunder if, as a
5 result of such purchase, the cumulative purchase price of
6 all such shares owned by the utility would exceed
7 one-fiftieth of one per cent of the utility's gross
8 operating revenue for the preceding calendar year.
9 (B) (i) Any public utility may present to the Commission
10 for approval options or contracts to sell or lease real
11 property, notwithstanding that the value of the property
12 under option may have changed between the date of the option
13 and the subsequent date of sale or lease. If the options or
14 contracts are approved by the Commission, subsequent sales or
15 leases in conformance with those options or contracts may be
16 made by the public utility without any further action by the
17 Commission. If approval of the options or contracts is denied
18 by the Commission, the options or contracts are void and any
19 consideration theretofore paid to the public utility must be
20 refunded within 30 days following disapproval of the
21 application.
22 (C) The proceedings for obtaining the approval of the
23 Commission provided for it in this Section shall be as
24 follows: There shall be filed with the Commission a petition,
25 joint or otherwise, as the case may be, signed and verified
26 by the president, any vice president, secretary, treasurer,
27 comptroller, general manager, or chief engineer of the
28 respective companies, or by the person or company, as the
29 case may be, clearly setting forth the object and purposes
30 desired, and setting forth the full and complete terms of the
31 proposed assignment, transfer, lease, mortgage, purchase,
32 sale, merger, consolidation, contract or other transaction,
33 as the case may be. Upon the filing of such petition, the
34 Commission shall, if it deems necessary, fix a time and place
-837- LRB9101253EGfg
1 for the hearing thereon. After such hearing, or in case no
2 hearing is required, if the Commission is satisfied that such
3 petition should reasonably be granted, and that the public
4 will be convenienced thereby, the Commission shall make such
5 order in the premises as it may deem proper and as the
6 circumstances may require, attaching such conditions as it
7 may deem proper, and thereupon it shall be lawful to do the
8 things provided for in such order. The Commission shall
9 impose such conditions as will protect the interest of
10 minority and preferred stockholders.
11 (D) The Commission shall have power by general rules
12 applicable alike to all public utilities, other than electric
13 and gas public utilities, affected thereby to waive the
14 filing and necessity for approval of the following: (a) sales
15 of property involving a consideration of not more than
16 $300,000 for utilities with gross revenues in excess of
17 $50,000,000 annually and a consideration of not more than
18 $100,000 for all other utilities; (b) leases, easements and
19 licenses involving a consideration or rental of not more than
20 $30,000 per year for utilities with gross revenues in excess
21 of $50,000,000 annually and a consideration or rental of not
22 more than $10,000 per year for all other utilities; (c)
23 leases of office building space not required by the public
24 utility in rendering service to the public; (d) the temporary
25 leasing, lending or interchanging of equipment in the
26 ordinary course of business or in case of an emergency; and
27 (e) purchase-money mortgages given by a public utility in
28 connection with the purchase of tangible personal property
29 where the total obligation to be secured shall be payable
30 within a period not exceeding one year. However, if the
31 Commission, after a hearing, finds that any public utility to
32 which such rule is applicable is abusing or has abused such
33 general rule and thereby is evading compliance with the
34 standard established herein, the Commission shall have power
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1 to require such public utility to thereafter file and receive
2 the Commission's approval upon all such transactions as
3 described in this Section, but such general rule shall remain
4 in full force and effect as to all other public utilities to
5 which such rule is applicable.
6 (E) The filing of, and the consent and approval of the
7 Commission for, any assignment, transfer, lease, mortgage,
8 purchase, sale, merger, consolidation, contract or other
9 transaction by an electric or gas public utility with gross
10 revenues in all jurisdictions of $250,000,000 or more
11 annually involving a sale price or annual consideration in an
12 amount of $5,000,000 or less shall not be required. The
13 Commission shall also have the authority, on petition by an
14 electric or gas public utility with gross revenues in all
15 jurisdictions of $250,000,000 or more annually, to establish
16 by order higher thresholds than the foregoing for the
17 requirement of approval of transactions by the Commission
18 pursuant to this Section for the electric or gas public
19 utility, but no greater than 1% of the electric or gas public
20 utility's average total gross utility plant in service in the
21 case of sale, assignment or acquisition of property, or 2.5%
22 of the electric or gas public utility's total revenue in the
23 case of other sales price or annual consideration, in each
24 case based on the preceding calendar year, and subject to the
25 power of the Commission, after notice and hearing, to further
26 revise those thresholds at a later date. In addition to the
27 foregoing, the Commission shall have power by general rules
28 applicable alike to all electric and gas public utilities
29 affected thereby to waive the filing and necessity for
30 approval of the following: (a) sales of property involving a
31 consideration of $100,000 or less for electric and gas
32 utilities with gross revenues in all jurisdictions of less
33 than $250,000,000 annually; (b) leases, easements and
34 licenses involving a consideration or rental of not more than
-839- LRB9101253EGfg
1 $10,000 per year for electric and gas utilities with gross
2 revenues in all jurisdictions of less than $250,000,000
3 annually; (c) leases of office building space not required by
4 the electric or gas public utility in rendering service to
5 the public; (d) the temporary leasing, lending or
6 interchanging of equipment in the ordinary course of business
7 or in the case of an emergency; and (e) purchase-money
8 mortgages given by an electric or gas public utility in
9 connection with the purchase of tangible personal property
10 where the total obligation to be secured shall be payable
11 within a period of one year or less. However, if the
12 Commission, after a hearing, finds that any electric or gas
13 public utility is abusing or has abused such general rule and
14 thereby is evading compliance with the standard established
15 herein, the Commission shall have power to require such
16 electric or gas public utility to thereafter file and receive
17 the Commission's approval upon all such transactions as
18 described in this Section and not exempted pursuant to the
19 first sentence of this paragraph or to subsection (g) of
20 Section 16-111 of this Act, but such general rule shall
21 remain in full force and effect as to all other electric and
22 gas public utilities.
23 Every assignment, transfer, lease, mortgage, sale or
24 other disposition or encumbrance of the whole or any part of
25 the franchises, licenses, permits, plant, equipment, business
26 or other property of any public utility, or any merger or
27 consolidation thereof, and every contract, purchase of stock,
28 or other transaction referred to in this Section and not
29 exempted in accordance with the provisions of the immediately
30 preceding paragraph of this Section, made otherwise than in
31 accordance with an order of the Commission authorizing the
32 same, except as provided in this Section, shall be void. The
33 provisions of this Section shall not apply to any
34 transactions by or with a political subdivision or municipal
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1 corporation of this State.
2 (F) The provisions of this Section do not apply to the
3 purchase or sale of emission allowances created under and
4 defined in Title IV of the federal Clean Air Act Amendments
5 of 1990 (P.L. 101-549), as amended.
6 (Source: P.A. 89-99, eff. 7-7-95; 90-561, eff. 12-16-97;
7 revised 10-31-98.)
8 (220 ILCS 5/7-106)
9 Sec. 7-106. (a) Subject to the limitations contained in
10 this Section 7-106, and notwithstanding anything to the
11 contrary in Section 6-103 and items subsections (f), (g), and
12 (h) of subsection (A) of Section 7-102 of this Act or any
13 rule or regulation promulgated by the Commission under this
14 Act, a public utility that has filed, pursuant to Section
15 7-105(d) of this Act, the information described in Section
16 7-204A(a) of this Act, may, without the approval or consent
17 of, or other prior filing with, the Commission, form, invest
18 moneys denominated in United States dollars in, and guarantee
19 contractual obligations of a subsidiary which engages in any
20 business that provides to persons, corporations, municipal
21 corporations, or other entities that are customers or
22 potential customers of the public utility (i) heating,
23 cooling, or lighting services; (ii) energy management
24 services; or (iii) design, development, construction,
25 engineering, financial, maintenance, management, or
26 consulting services for owners, lessees, managers, or
27 operators of facilities for the generation, transmission, or
28 distribution of electricity; each such subsidiary is referred
29 to in this Act as a "Section 7-106 subsidiary".
30 (b) Prior to investing in or guaranteeing any
31 contractual obligations of a Section 7-106 subsidiary, the
32 utility shall file with the Commission a statement
33 identifying all public utility assets or information in
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1 existence, such as customer lists, which the utility plans to
2 transfer to or permit the Section 7-106 subsidiary or any
3 associate or affiliate of the subsidiary to use, which
4 statement shall include a description of the proposed terms
5 and conditions under which the assets or information will be
6 transferred or used.
7 (c) In any proceeding pending before the Commission to
8 determine the rates to be charged for electric service by a
9 public utility which has a Section 7-106 subsidiary, or which
10 is a subsidiary of a holding company formed under Section
11 7-105 of this Act, the Commission shall reduce the public
12 utility's rates to reflect the additional amount of revenue
13 it would have earned during the test year if the Section
14 7-106 subsidiary, such holding company, or any other
15 subsidiary company of such holding company had not provided
16 the customer with the services described in items (i), (ii),
17 and (iii) of subsection (a) of this Section. The Commission
18 shall not reduce the revenues of the public utility unless it
19 finds that there was no reasonable probability that the
20 customer would have obtained the services described in items
21 (i), (ii), and (iii) of subsection (a) of this Section from
22 another source (including the customer), if such subsidiary,
23 holding company, or other subsidiary company had not entered
24 into a contract or arrangement with the customer. A written
25 statement by an employee or authorized agent of the customer
26 that such services are available from other sources
27 (including the customer) and that such agent or employee
28 believes that there was a reasonable probability that the
29 customer would have so obtained such services from another
30 source (including the customer) shall constitute prima facie
31 evidence of such reasonable probability. The provisions of
32 this subsection shall not be construed as limiting the
33 authority of the Commission with respect to rates under any
34 other Section of this Act.
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1 (d) The aggregate amount of a public utility's
2 investments in, and guarantees of, the contractual
3 obligations of Section 7-106 subsidiaries without the
4 approval or consent of, or prior filing with, the Commission,
5 outstanding at the time of and after giving effect to any
6 such investment or guarantee, shall not exceed as of the date
7 of such investment or guarantee an amount equal to the lesser
8 of $170,000,000 or 20% of the retained earnings of the public
9 utility as reported on its most recent annual report to the
10 Commission. The amount of each such guarantee shall be
11 limited to a maximum dollar amount which shall be specified
12 in such guarantee. The terms of each such guarantee shall
13 provide that it shall terminate, and it shall terminate, at
14 the time that the public utility liquidates or transfers to
15 any entity or person, the interest and investment of such
16 public utility in the Section 7-106 subsidiary whose
17 obligations are subject to such guarantee. The authority of
18 a public utility to invest in and guarantee the contractual
19 obligations of a Section 7-106 subsidiary without the
20 approval or consent of, or prior filing with, the Commission,
21 as permitted by this Section 7-106, shall expire on the date
22 such public utility liquidates or transfers its interest and
23 investment in such Section 7-106 subsidiary.
24 (e) The Commission shall not consider the investment of
25 a public utility in or its obligation to make an investment
26 in a Section 7-106 subsidiary, or the guarantee by a public
27 utility of contractual obligations of its Section 7-106
28 subsidiaries, in considering the amount or terms of any
29 reparations or refunds to be made by such public utility to
30 its customers.
31 (f) On the date that a public utility becomes a
32 subsidiary company of a holding company pursuant to Section
33 7-105 of this Act, such public utility shall either:
34 (i) liquidate or transfer its interest and
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1 investment in its Section 7-106 subsidiaries to such
2 holding company or to any other entity or person in a
3 transaction which does not require the prior approval or
4 consent of the Commission under Section 7-101 or Section
5 7-102 of this Act, or
6 (ii) file with the Commission for its approval
7 under Section 7-101 or Section 7-102 of this Act, a plan
8 for such public utility to liquidate or transfer its
9 interest and investment in its Section 7-106
10 subsidiaries.
11 (g) If on the 550th day after the effective date of this
12 amendatory Act of 1993 such public utility is not a
13 subsidiary company of a holding company, such public utility
14 shall on such 550th day either:
15 (i) liquidate or transfer its interest and
16 investment in its Section 7-106 subsidiaries to any
17 entity or person in a transaction which does not require
18 the prior approval or consent of the Commission under
19 Section 7-101 or Section 7-102 of this Act, or
20 (ii) file with the Commission for its approval
21 under Section 7-101 or Section 7-102 of this Act, a plan
22 for such public utility to liquidate or transfer its
23 interest and investment in its Section 7-106
24 subsidiaries, or
25 (iii) file with the Commission a petition for an
26 extension of time within which: (A) to become a
27 subsidiary company of a holding company and to take
28 action pursuant to subsection (f) of this Section 7-106;
29 or (B) to take action pursuant to either subparagraph (i)
30 or subparagraph (ii) of subsection (g) of this Section
31 7-106. The Commission shall grant such extension to an
32 appropriate date unless it finds that the public utility
33 has not taken action in a timely and appropriate manner
34 to seek all regulatory, shareholder, and other authority
-844- LRB9101253EGfg
1 for or, after obtaining all such authority, has not taken
2 action in a timely and appropriate manner to effect a
3 transaction in which such public utility would become a
4 subsidiary company of a holding company. If the
5 Commission finds that the public utility has not taken
6 action in a timely and appropriate manner to seek all
7 regulatory, shareholder, and other authority for or,
8 after obtaining all such authority, has not taken action
9 in a timely and appropriate manner to effect a
10 transaction in which such public utility would become a
11 subsidiary company of a holding company, the Commission
12 shall deny the public utility's petition and shall
13 approve a plan for such public utility to liquidate or
14 transfer its interests and investments in its Section
15 7-106 subsidiaries. During the pendency of the
16 proceeding before the Commission initiated by the
17 petition filed by the public utility, the utility may
18 continue to engage in activities described in Sections
19 7-105 and 7-106, as provided therein.
20 (h) Contracts or arrangements between a public utility
21 and its Section 7-106 subsidiaries, including contracts or
22 arrangements for any services described in Section 7-106
23 (a)(i), (ii), and (iii), but excluding investments and
24 guarantees permitted by this Section 7-106, shall be subject
25 to the jurisdiction of the Commission under Sections 7-101,
26 7-102, 7-204A(b), and other applicable provisions, if any, of
27 this Act, except that such public utility may, pursuant to
28 contracts or arrangements filed with the Commission, provide
29 its Section 7-106 subsidiaries with office facilities or
30 administrative and management services which are reasonably
31 necessary for the management of the business of its Section
32 7-106 subsidiaries, which contracts or arrangements shall
33 become effective upon such public utility filing with the
34 Commission a petition seeking Commission approval thereof,
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1 and such contracts and arrangements shall remain in effect
2 unless modified by the Commission after a hearing on such
3 petition in which such public utility shall have the burden
4 of proving the reasonable necessity of the provision of such
5 facilities and services. Such contracts or arrangements
6 shall require each Section 7-106 subsidiary to pay to the
7 public utility the fair market value for the use of such
8 facilities and services. The public utility shall keep its
9 books of account and other records in a manner that will
10 enable the Commission to determine the propriety of any
11 allocation of costs between the public utility and its
12 Section 7-106 subsidiaries. The burden of proving the
13 propriety of any such allocation shall be on the public
14 utility. The public utility shall also have the burden of
15 proving that it has received or will receive fair market
16 value for all facilities or services provided to its Section
17 7-106 subsidiaries under this Section 7-106.
18 (i) The costs of any public utility investment in or
19 guarantee of the contractual obligations of its Section 7-106
20 subsidiaries shall not be included in rate base or treated as
21 allowable expenses for purposes of determining the rates to
22 be charged by the public utility.
23 (j) No public utility shall have any liability to any of
24 its Section 7-106 subsidiaries, except any obligation it may
25 have to make investments in such Section 7-106 subsidiaries
26 in accordance with this Section 7-106. No public utility
27 shall have any liability for any obligation or liability of
28 any of its Section 7-106 subsidiaries, except under any
29 guarantee of contractual obligations of such Section 7-106
30 subsidiaries made in accordance with this Section 7-106.
31 (k) No Section 7-106 subsidiary shall engage in the
32 repair or servicing of home or other consumer appliances
33 except in emergencies posing a threat to life or property.
34 (Source: P.A. 88-83; revised 1-21-99.)
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1 (220 ILCS 5/9-241) (from Ch. 111 2/3, par. 9-241)
2 Sec. 9-241. No public utility shall, as to rates or
3 other charges, services, facilities or in other respect, make
4 or grant any preference or advantage to any corporation or
5 person or subject any corporation or person to any prejudice
6 or disadvantage. No public utility shall establish or
7 maintain any unreasonable difference as to rates or other
8 charges, services, facilities, or in any other respect,
9 either as between localities or as between classes of
10 service.
11 However, nothing in this Section shall be construed as
12 limiting the authority of the Commission to permit the
13 establishment of economic development rates as incentives to
14 economic development either in enterprise zones as designated
15 by the State of Illinois or in other areas of a utility's
16 service area. Such rates should be available to existing
17 businesses which demonstrate an increase to existing load as
18 well as new businesses which create new load for a utility so
19 as to create a more balanced utilization of generating
20 capacity. The Commission shall ensure that such rates are
21 established at a level which provides a net benefit to
22 customers within a public utility's service area.
23 Prior to October 1, 1989, no public utility providing
24 electrical or gas service shall consider the use of solar or
25 other nonconventional renewable sources of energy by a
26 customer as a basis for establishing higher rates or charges
27 for any service or commodity sold to such customer; nor shall
28 a public utility subject any customer utilizing such energy
29 source or sources to any other prejudice or disadvantage on
30 account of such use. No public utility shall without the
31 consent of the Commission, charge or receive any greater
32 compensation in the aggregate for a lesser commodity,
33 product, or service than for a greater commodity, product or
34 service of like character.
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1 The Commission, in order to expedite the determination of
2 rate questions, or to avoid unnecessary and unreasonable
3 expense, or to avoid unjust or unreasonable discrimination
4 between classes of customers, or, whenever in the judgment of
5 the Commission public interest so requires, may,; for rate
6 making and accounting purposes, or either of them, consider
7 one or more municipalities either with or without the
8 adjacent or intervening rural territory as a regional unit
9 where the same public utility serves such region under
10 substantially similar conditions, and may within such region
11 prescribe uniform rates for consumers or patrons of the same
12 class.
13 Any public utility, with the consent and approval of the
14 Commission, may as a basis for the determination of the
15 charges made by it classify its service according to the
16 amount used, the time when used, the purpose for which used,
17 and other relevant factors.
18 (Source: P.A. 84-1308; revised 10-31-98.)
19 (220 ILCS 5/13-403) (from Ch. 111 2/3, par. 13-403)
20 (Section scheduled to be repealed on July 1, 2001)
21 Sec. 13-403. Interexchange service authority; approval.
22 The Commission shall approve an application for a Certificate
23 of Interexchange Service Authority only upon a showing by the
24 applicant, and a finding by the Commission, after notice and
25 hearing, that the applicant possesses sufficient technical,
26 financial and managerial resources and abilities to provide
27 interexchange telecommunications service. The removal from
28 this Section of the dialing restrictions by this amendatory
29 Act of 1992 does not create any legislative presumption for
30 or against intra-Market Service Area presubscription or
31 changes in intra-Market Service Area dialing arrangements
32 related to the implementation of that presubscription, but
33 simply vests jurisdiction in the Illinois Commerce Commission
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1 to consider after notice and hearing the issue of
2 presubscription in accordance with the policy goals outlined
3 in Section 13-103.
4 The Commission shall have authority to alter the
5 boundaries of Market Service Areas when such alteration is
6 consistent with the public interest and the purposes and
7 policies of this Article. A determination by the Commission
8 with respect to Market Service Area boundaries shall not
9 modify or affect the rights or obligations of any
10 telecommunications carrier with respect to any consent decree
11 or agreement with the United States Department of Justice,
12 including, but not limited to, the Modification of Final
13 Judgment in United States v. Western Electric Co., 552 F.
14 Supp. 131 (D.D.C. D.C.C. 1982), as modified from time to
15 time.
16 (Source: P.A. 87-856; revised 10-31-98.)
17 Section 122. The Citizens Utility Board Act is amended
18 by changing Section 3 as follows:
19 (220 ILCS 10/3) (from Ch. 111 2/3, par. 903)
20 Sec. 3. Definitions. As used in this Act: (1) "Board"
21 means the board of directors of the corporation.
22 (2) "Campaign contribution" means a gift, subscription,
23 loan, advance or deposit of money or anything of value, made
24 for the purpose of electing a candidate to the board; or a
25 contract, a promise or agreement, express or implied, whether
26 or not legally enforceable, to make any campaign
27 contribution; but does not include the value of services
28 provided without compensation by individuals who volunteer a
29 portion or all of their time on behalf of a candidate or
30 political committee, or the use of real or personal property
31 and the cost of invitations, food and beverages, voluntarily
32 provided by an individual to a candidate in rendering
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1 voluntary personal services on the individual's residential
2 premises for candidate-related activities if the cumulative
3 value of the activities to the individual on behalf of any
4 candidate does not exceed $100 for any election elections.
5 (3) "Campaign expenditures" means a purchase, payment
6 distribution, loan, advance, deposit or gift of money or
7 anything of value, made for the purpose of electing a
8 candidate to the board; or a contract, promise, or agreement,
9 express or implied, whether or not legally enforceable, to
10 make any campaign expenditure; but does not include the use
11 of real or personal property and the cost of invitations,
12 food and beverages, voluntarily provided by an individual to
13 a candidate in rendering voluntary personal services on the
14 individual's residential premises for candidate-related
15 activities if the cumulative value of the activities by the
16 individual on behalf of any candidate does not exceed $100
17 for any election.
18 (4) "Class A utility" means any gas, electric or water
19 public utility with annual total gross operating revenues of
20 $2.5 million or more or any telephone public utility with
21 annual total gross operating revenues of $1,600,000 or more
22 on the effective date of this Act.
23 (5) "Corporation" means the citizens utility board.
24 (6) "Director" means any member of the board.
25 (7) "District" means a corporation district, the
26 boundaries of which are congruent with the boundaries of the
27 Congressional districts in the State.
28 (8) "Immediate family" of a person means the person's
29 spouse and legal dependents.
30 (9) "Member" means any person who satisfies the
31 requirements for membership under Section 4.
32 (10) "Periodic customer billing" means a demand for
33 payment for utility services by a public utility to a
34 residential utility consumer on a monthly or other regular
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1 basis.
2 (11) "Political committee" means any committee, club,
3 association or other group of persons which make campaign
4 expenditures or receive campaign contributions during the
5 year before an election of the board.
6 (12) "Public utility" means any person who owns,
7 operates, manages or controls any plant or equipment or any
8 part of a plant or equipment, within the State, for the
9 conveyance of telephone messages or for the production,
10 transmission, delivery or furnishing of heat, light, water or
11 power either directly or indirectly to or for the public.
12 "Public utility" includes any person engaged in the
13 transmission or delivery of natural gas for compensation
14 within this State by means of pipes or mains. "Public
15 utility" does not include a cooperative association organized
16 for the purpose of furnishing telephone service to its
17 members only. "Public utility" does not include electric
18 cooperatives as defined in Section 3-119 of the Public
19 Utilities Act "An Act concerning public utilities", approved
20 June 29, 1921, as amended. However, "public utility" does not
21 include either public utilities that are owned and operated
22 by a political subdivision, public institution of higher
23 education or municipal corporation of this State or public
24 utilities that are owned by such political subdivision,
25 public institution of higher education, or municipal
26 corporation and operated by any of its lessees or operating
27 agents.
28 (13) "Utility consumer" means any individual or entity,
29 which is not governmental or a public utility, which is
30 located in this State and which is furnished with a utility
31 service by a public utility.
32 (14) "Utility service" means electricity, natural gas,
33 water and telephone service supplied by a public utility.
34 (Source: P.A. 84-1308; revised 10-31-98.)
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1 Section 123. The Illinois Athletic Trainers Practice Act
2 is amended by changing Sections 3 and 16 as follows:
3 (225 ILCS 5/3) (from Ch. 111, par. 7603)
4 Sec. 3. Definitions. As used in this Act:
5 (1) "Department" means the Department of Professional
6 Regulation.
7 (2) "Director" means the Director of Professional
8 Regulation.
9 (3) "Board" means the Illinois Board of Athletic
10 Trainers appointed by the Director.
11 (4) "Licensed athletic trainer" means a person licensed
12 to practice athletic training as defined in this Act and with
13 the specific qualifications set forth in Section 9 (9) of
14 this Act, who, upon the direction of his or her team
15 physician or and/or consulting physician, carries out the
16 practice of prevention/emergency care or and/or physical
17 reconditioning of injuries incurred by athletes participating
18 in an athletic program conducted by an educational
19 institution, professional athletic organization, or
20 sanctioned amateur athletic organization employing the
21 athletic trainer; or a person who, under the direction of a
22 physician, carries out comparable functions for a health
23 organization-based extramural program of athletic training
24 services for athletes. Specific duties of the athletic
25 trainer include but are not limited to:
26 A. Supervision of the selection, fitting, and
27 maintenance of protective equipment;
28 B. Provision of assistance to the coaching staff in
29 the development and implementation of conditioning
30 programs;
31 C. Counseling of athletes on nutrition and hygiene;
32 D. Supervision of athletic training facility and
33 inspection of playing facilities;
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1 E. Selection and maintenance of athletic training
2 equipment and supplies;
3 F. Instruction and supervision of student trainer
4 staff;
5 G. Coordination with a team physician to provide:
6 (i) pre-competition physical exam and health
7 history updates,
8 (ii) game coverage or phone access to a
9 physician or paramedic,
10 (iii) follow-up injury care,
11 (iv) reconditioning programs, and
12 (v) assistance on all matters pertaining to
13 the health and well-being of athletes.
14 H. Provision of on-site injury care and evaluation
15 as well as appropriate transportation, follow-up
16 treatment and rehabilitation as necessary for all
17 injuries sustained by athletes in the program;
18 I. With a physician, determination of when an
19 athlete may safely return to full participation
20 post-injury; and
21 J. Maintenance of complete and accurate records of
22 all athletic injuries and treatments rendered.
23 (5) "Referral" means the guidance or direction to the
24 athletic trainer given by the physician, who shall maintain
25 supervision of the athlete.
26 To carry out these functions the athletic trainer is
27 authorized to utilize modalities such as heat, light, sound,
28 cold, electricity, exercise, or mechanical devices related to
29 care and reconditioning.
30 (5) "Referral" means the guidance or direction to the
31 athletic trainer given by the physician, who shall maintain
32 supervision of the athlete.
33 (Source: P.A. 89-216, eff. 1-1-96; revised 10-31-98.)
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1 (225 ILCS 5/16) (from Ch. 111, par. 7616)
2 Sec. 16. Refusal to issue, suspension, or revocation of
3 license. The Department may refuse to issue or renew, or may
4 revoke, suspend, place on probation, reprimand, or take other
5 disciplinary action as the Department may deem proper,
6 including fines not to exceed $1,000 for each violation, with
7 regard to any licensee for any one or combination of the
8 following:
9 (A) Material misstatement in furnishing information to
10 the Department;
11 (B) Negligent or intentional disregard of this Act, or
12 of the rules or regulations promulgated hereunder;
13 (C) Conviction of any crime under the laws of the United
14 States or any state or territory thereof that is a felony or
15 a misdemeanor, and an essential element of which is
16 dishonesty, or of any crime that is directly related to the
17 practice of the profession;
18 (D) Making any misrepresentation for the purpose of
19 obtaining registration, or violating any provision of this
20 Act;
21 (E) Professional incompetence;
22 (F) Malpractice;
23 (G) Aiding or assisting another person in violating any
24 provision of this Act or rules;
25 (H) Failing, within 60 days, to provide information in
26 response to a written request made by the Department;
27 (I) Engaging in dishonorable, unethical, or
28 unprofessional conduct of a character likely to deceive,
29 defraud or harm the public;
30 (J) Habitual intoxication or addiction to the use of
31 drugs;
32 (K) Discipline by another state, District of Columbia,
33 territory, or foreign nation, if at least one of the grounds
34 for the discipline is the same or substantially equivalent to
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1 those set forth herein;
2 (L) Directly or indirectly giving to or receiving from
3 any person, firm, corporation, partnership, or association
4 any fee, commission, rebate, or other form of compensation
5 for any professional services not actually or personally
6 rendered;
7 (M) A finding that the licensee after having his or her
8 license placed on probationary status has violated the terms
9 of probation;
10 (N) Abandonment of an athlete;
11 (O) Willfully making or filing false records or reports
12 in his or her practice, including but not limited to false
13 records filed with State agencies or departments;
14 (P) Willfully failing to report an instance of suspected
15 child abuse or neglect as required by the Abused and
16 Neglected Child Reporting Act;
17 (Q) Physical illness, including but not limited to,
18 deterioration through the aging process, or loss of motor
19 skill that results in the inability to practice the
20 profession with reasonable judgment, skill, or safety;
21 (R) Solicitation of professional services other than by
22 permitted institutional policy;
23 (S) The use of any words, abbreviations, figures or
24 letters with the intention of indicating practice as an
25 athletic trainer without a valid license as an athletic
26 trainer under this Act;
27 (T) The treatment of injuries of athletes by a licensed
28 athletic trainer except by the referral of a physician,
29 podiatrist, or dentist;
30 (U) Willfully violating or knowingly assisting in the
31 violation of any law of this State relating to the use of
32 habit-forming drugs;
33 (V) Willfully violating or knowingly assisting in the
34 violation of any law of this State relating to the practice
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1 of abortion;
2 (W) Continued practice by a person knowingly having an
3 infectious communicable or contagious disease;
4 (X) Being named as a perpetrator in an indicated report
5 by the Department of Children and Family Services pursuant to
6 the Abused and Neglected Child Reporting Act and upon proof
7 by clear and convincing evidence that the licensee has caused
8 a child to be an abused child or neglected child as defined
9 in the Abused and Neglected Child Reporting Act;
10 (Y) Failure to file a return, or to pay the tax,
11 penalty, or interest shown in a filed return, or to pay any
12 final assessment of tax, penalty, or interest, as required by
13 any tax Act administered by the Illinois Department of
14 Revenue, until such time as the requirements of any such tax
15 Act are satisfied; or
16 (Z) Failure to fulfill continuing education requirements
17 as prescribed in Section 10 of this Act.
18 The determination by a circuit court that a licensee is
19 subject to involuntary admission or judicial admission as
20 provided in the Mental Health and Developmental Disabilities
21 Code operates as an automatic suspension. Such suspension
22 will end only upon a finding by a court that the athletic
23 trainer is no longer subject to involuntary admission or
24 judicial admission and issues an order so finding and
25 discharging the athlete; and upon the recommendation of the
26 Board to the Director that the licensee be allowed to resume
27 his or her practice.
28 (Source: P.A. 89-216, eff. 1-1-96; revised 10-31-98.)
29 Section 124. The Child Care Act of 1969 is amended by
30 changing Sections 4.2 and 8 as follows:
31 (225 ILCS 10/4.2) (from Ch. 23, par. 2214.2)
32 Sec. 4.2. (a) No applicant may receive a license from
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1 the Department and no person may be employed by a licensed
2 child care facility who refuses to authorize an investigation
3 as required by Section 4.1.
4 (b) No applicant may receive a license from the
5 Department and no person may be employed by a child care
6 facility licensed by the Department who has been declared a
7 sexually dangerous person under "An Act in relation to
8 sexually dangerous persons, and providing for their
9 commitment, detention and supervision", approved July 6,
10 1938, as amended, or convicted of committing or attempting to
11 commit any of the following offenses stipulated under the
12 Criminal Code of 1961:
13 (1) murder;
14 (1.1) solicitation of murder;
15 (1.2) solicitation of murder for hire;
16 (1.3) intentional homicide of an unborn child;
17 (1.4) voluntary manslaughter of an unborn child;
18 (1.5) involuntary manslaughter;
19 (1.6) reckless homicide;
20 (1.7) concealment of a homicidal death;
21 (1.8) involuntary manslaughter of an unborn child;
22 (1.9) reckless homicide of an unborn child;
23 (1.10) drug-induced drug induced homicide;
24 (2) a sex offense under Article 11, except offenses
25 described in Sections 11-7, 11-8, 11-12, and 11-13;
26 (3) kidnapping;
27 (3.1) aggravated unlawful restraint;
28 (3.2) forcible detention;
29 (3.3) harboring a runaway;
30 (3.4) aiding and abetting child abduction;
31 (4) aggravated kidnapping;
32 (5) child abduction;
33 (6) aggravated battery of a child;
34 (7) criminal sexual assault;
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1 (8) aggravated criminal sexual assault;
2 (8.1) predatory criminal sexual assault of a child;
3 (9) criminal sexual abuse;
4 (10) aggravated sexual abuse;
5 (11) heinous battery;
6 (12) aggravated battery with a firearm;
7 (13) tampering with food, drugs, or cosmetics;
8 (14) drug induced infliction of great bodily harm;
9 (15) hate crime;
10 (16) stalking;
11 (17) aggravated stalking;
12 (18) threatening public officials;
13 (19) home invasion;
14 (20) vehicular invasion;
15 (21) criminal transmission of HIV;
16 (22) criminal neglect of an elderly or disabled
17 person;
18 (23) child abandonment;
19 (24) endangering the life or health of a child;
20 (25) ritual mutilation;
21 (26) ritualized abuse of a child;
22 (27) an offense in any other state the elements of
23 which are similar and bear a substantial relationship to
24 any of the foregoing offenses.
25 (c) In addition to the provisions set forth in
26 subsection (b), no applicant may receive a license from the
27 Department to operate a foster family home, and no adult
28 person may reside in a foster family home licensed by the
29 Department, who has been convicted of committing or
30 attempting to commit any of the following offenses stipulated
31 under the Criminal Code of 1961, the Cannabis Control Act,
32 and the Illinois Controlled Substances Act:
33 (I) OFFENSES DIRECTED AGAINST THE PERSON
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1 (A) KIDNAPPING AND RELATED OFFENSES
2 (1) Unlawful restraint.
3 (B) BODILY HARM
4 (2) Felony aggravated assault.
5 (3) Vehicular endangerment.
6 (4) Felony domestic battery.
7 (5) Aggravated battery.
8 (6) Heinous battery.
9 (7) Aggravated battery with a firearm.
10 (8) Aggravated battery of an unborn child.
11 (9) Aggravated battery of a senior citizen.
12 (10) Intimidation.
13 (11) Compelling organization membership of persons.
14 (12) Abuse and gross neglect of a long term care
15 facility resident.
16 (13) Felony violation of an order of protection.
17 (II) OFFENSES DIRECTED AGAINST PROPERTY
18 (14) Felony theft.
19 (15) Robbery.
20 (16) Armed robbery.
21 (17) Aggravated robbery.
22 (18) Vehicular hijacking.
23 (19) Aggravated vehicular hijacking.
24 (20) Burglary.
25 (21) Possession of burglary tools.
26 (22) Residential burglary.
27 (23) Criminal fortification of a residence or
28 building.
29 (24) Arson.
30 (25) Aggravated arson.
31 (26) Possession of explosive or explosive
32 incendiary devices.
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1 (III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
2 (27) Felony unlawful use of weapons.
3 (28) Aggravated discharge of a firearm.
4 (29) Reckless discharge of a firearm.
5 (30) Unlawful use of metal piercing bullets.
6 (31) Unlawful sale or delivery of firearms on the
7 premises of any school.
8 (32) Disarming a police officer.
9 (33) Obstructing justice.
10 (34) Concealing or aiding a fugitive.
11 (35) Armed violence.
12 (36) Felony contributing to the criminal
13 delinquency of a juvenile.
14 (IV) DRUG OFFENSES
15 (37) Possession of more than 30 grams of cannabis.
16 (38) Manufacture of more than 10 grams of cannabis.
17 (39) Cannabis trafficking.
18 (40) Delivery of cannabis on school grounds.
19 (41) Unauthorized production of more than 5
20 cannabis sativa plants.
21 (42) Calculated criminal cannabis conspiracy.
22 (43) Unauthorized manufacture or delivery of
23 controlled substances.
24 (44) Controlled substance trafficking.
25 (45) Manufacture, distribution, or advertisement of
26 look-alike substances.
27 (46) Calculated criminal drug conspiracy.
28 (46.5) Streetgang criminal drug conspiracy.
29 (47) Permitting unlawful use of a building.
30 (48) Delivery of controlled, counterfeit, or
31 look-alike substances to persons under age 18, or at
32 truck stops, rest stops, or safety rest areas, or on
33 school property.
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1 (49) Using, engaging, or employing persons under 18
2 to deliver controlled, counterfeit, or look-alike
3 substances.
4 (50) Delivery of controlled substances.
5 (51) Sale or delivery of drug paraphernalia.
6 (52) Felony possession, sale, or exchange of
7 instruments adapted for use of a controlled substance or
8 cannabis by subcutaneous injection.
9 (d) Notwithstanding subsection (c), the Department may
10 issue a new foster family home license or may renew an
11 existing foster family home license of an applicant who was
12 convicted of an offense described in subsection (c), provided
13 all of the following requirements are met:
14 (1) The relevant criminal offense or offenses
15 occurred more than 10 years prior to the date of
16 application or renewal.
17 (2) The applicant had previously disclosed the
18 conviction or convictions to the Department for purposes
19 of a background check.
20 (3) After the disclosure, the Department either
21 placed a child in the home or the foster family home
22 license was issued.
23 (4) During the background check, the Department had
24 assessed and waived the conviction in compliance with the
25 existing statutes and rules in effect at the time of the
26 waiver.
27 (5) The applicant meets all other requirements and
28 qualifications to be licensed as a foster family home
29 under this Act and the Department's administrative rules.
30 (6) The applicant has a history of providing a
31 safe, stable home environment and appears able to
32 continue to provide a safe, stable home environment.
33 (Source: P.A. 89-21, eff. 7-1-95; 89-263, eff. 8-10-95;
34 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-498, eff.
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1 6-27-96; 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; revised
2 10-31-98.)
3 (225 ILCS 10/8) (from Ch. 23, par. 2218)
4 Sec. 8. The Department may revoke or refuse to renew the
5 license of any child care facility or refuse to issue full
6 license to the holder of a permit should the licensee or
7 holder of a permit:
8 (1) fail to maintain standards prescribed and published
9 by the Department;
10 (2) violate any of the provisions of the license issued;
11 (3) furnish or make any misleading or any false
12 statement or report to the Department;
13 (4) refuse to submit to the Department any reports or
14 refuse to make available to the Department any records
15 required by the Department in making investigation of the
16 facility for licensing purposes;
17 (5) fail or refuse to submit to an investigation by the
18 Department;
19 (6) fail or refuse to admit authorized representatives
20 of the Department at any reasonable time for the purpose of
21 investigation;
22 (7) fail to provide, maintain, equip and keep in safe
23 and sanitary condition premises established or used for child
24 care as required under standards prescribed by the
25 Department, or as otherwise required by any law, regulation
26 or ordinance applicable to the location of such facility;
27 (8) refuse to display its license or permit;
28 (9) be the subject of an indicated report under Section
29 3 of the "Abused and Neglected Child Reporting Act" or fail
30 to discharge or sever affiliation with the child care
31 facility of an employee or volunteer at the facility with
32 direct contact with children who is the subject of an
33 indicated report under Section 3 of that Act;
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1 (10) fail to comply with the provisions of Section 7.1;
2 (11) fail to exercise reasonable care in the hiring,
3 training and supervision of facility personnel;
4 (12) fail to report suspected abuse or neglect of
5 children within the facility, as required by the Abused and
6 Neglected Child Reporting Act;
7 (13) fail to comply with Section 5.1. of this Act; or
8 (14) be identified in an investigation by the Department
9 as an addict or alcoholic, as defined in the Alcoholism and
10 Other Drug Abuse and Dependency Act, or be a person whom the
11 Department knows has abused alcohol or drugs, and has not
12 successfully participated in treatment, self-help groups or
13 other suitable activities, and the Department determines that
14 because of such abuse the licensee, holder of the permit, or
15 any other person directly responsible for the care and
16 welfare of the children served, does not comply with
17 standards relating to character, suitability or other
18 qualifications established under Section 7 of this Act.
19 (Source: P.A. 88-670, eff. 12-2-94; revised 10-28-98.)
20 Section 125. The Clinical Psychologist Licensing Act is
21 amended by changing Section 10 as follows:
22 (225 ILCS 15/10) (from Ch. 111, par. 5360)
23 Sec. 10. Qualifications of applicants; examination. The
24 Department, except as provided in Section 11 of this Act,
25 shall issue a license as a clinical psychologist to any
26 person who pays an application fee and who:
27 (1) is at least 21 years of age; and has not
28 engaged in conduct or activities which would constitute
29 grounds for discipline under this Act;
30 (2) (blank);
31 (3) is a graduate of a doctoral program from a
32 college, university or school accredited by the regional
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1 accrediting body which is recognized by the Council on
2 Postsecondary Accreditation and is in the jurisdiction in
3 which it is located for purposes of granting the doctoral
4 degree and either:
5 (a) is a graduate of a doctoral program in
6 clinical, school or counseling psychology either
7 accredited by the American Psychological Association
8 or approved by the Council for the National Register
9 of Health Service Providers in Psychology or other
10 national board recognized by the Board, and has
11 completed 2 years of satisfactory supervised
12 experience in clinical, school or counseling
13 psychology at least one of which is an internship
14 and one of which is postdoctoral; or
15 (b) holds a doctoral degree from a recognized
16 college, university or school which the Department,
17 through its rules, establishes as being equivalent
18 to a clinical, school or counseling psychology
19 program and has completed at least one course in
20 each of the following 7 content areas, in actual
21 attendance at a recognized university, college or
22 school whose graduates would be eligible for
23 licensure under this Act: scientific and
24 professional ethics, biological basis of behavior,
25 cognitive-affective basis of behavior, social basis
26 of behavior, individual differences, assessment, and
27 treatment modalities; and has completed 2 years of
28 satisfactory supervised experience in clinical,
29 school or counseling psychology, at least one of
30 which is an internship and one of which is
31 postdoctoral; or
32 (4) has passed an examination authorized by the
33 Department to determine his or her fitness to receive a
34 license; and
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1 (c) (5) if an individual holds a doctorate in
2 psychology or in a program whose content is
3 psychological in nature from an accredited college,
4 university or school not meeting the standards of
5 paragraph (a) or (b) of this subsection (3) and
6 provides of Section 10 of this Act, he or she shall
7 provide evidence of the completion of at least one
8 course in each of the 7 content areas specified in
9 paragraph (b) of subsection 3 of Section 10, of this
10 Act in actual attendance, at a recognized
11 university, school or college whose graduate would
12 be eligible for licensure under this Act; and that
13 he or she has completed an appropriate practicum, an
14 internship or equivalent supervised clinical
15 experience in an organized mental health care
16 setting and 2 years of satisfactory supervised
17 experience in clinical or counseling psychology, at
18 least one of which is postdoctoral; and shall pass
19 the examination specified in subsection 4 of Section
20 10 of this Act.
21 (4) has passed an examination authorized by the
22 Department to determine his or her fitness to receive a
23 license.
24 Applicants for licensure under Section 10, subsection (3)(a)
25 and (3)(b) of this Section Act shall complete 2 years of
26 satisfactory supervised experience, at least one of which
27 shall be an internship and one of which shall be
28 postdoctoral. A year of supervised experience is defined as
29 not less than 1,750 hours obtained in not less than 50 weeks
30 based on 35 hours per week for full-time work experience.
31 Full-time supervised experience will be counted only if it is
32 obtained in a single setting for a minimum of 6 months.
33 Part-time and internship experience will be counted only if
34 it is 18 hours or more a week for a minimum of 9 months and
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1 is in a single setting. The internship experience required
2 under Section 10, subsection (3)(a) and (3)(b) of this
3 Section Act shall be a minimum of 1,750 hours completed
4 within 24 months.
5 Programs leading to a doctoral degree require minimally
6 the equivalent of 3 full-time academic years of graduate
7 study, at least 2 years of which are at the institution from
8 which the degree is granted, and of which at least one year
9 or its equivalent is in residence at the institution from
10 which the degree is granted. Course work for which credit is
11 given for life experience will not be accepted by the
12 Department as fulfilling the educational requirements for
13 licensure. Residence requires interaction with psychology
14 faculty and other matriculated psychology students; one
15 year's residence or its equivalent is defined as follows:
16 (a) 30 semester hours taken on a full-time or
17 part-time basis at the institution accumulated within 24
18 months, or
19 (b) a minimum of 350 hours of student-faculty
20 contact involving face-to-face individual or group
21 courses or seminars accumulated within 18 months. Such
22 educational meetings must include both faculty-student
23 and student-student interaction, be conducted by the
24 psychology faculty of the institution at least 90% of the
25 time, be fully documented by the institution, and relate
26 substantially to the program and course content. The
27 institution must clearly document how the applicant's
28 performance is assessed and evaluated.
29 To meet the requirement for satisfactory supervised
30 experience, under this Act the supervision must be performed
31 pursuant to the order, control and full professional
32 responsibility of a licensed clinical psychologist. The
33 clients shall be the clients of the agency or supervisor
34 rather than the supervisee. Supervised experience in which
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1 the supervisor receives monetary payment or other
2 consideration from the supervisee or in which the supervisor
3 is hired by or otherwise employed by the supervisee shall not
4 be accepted by the Department as fulfilling the practicum,
5 internship or 2 years of satisfactory supervised experience
6 requirements for licensure.
7 Examinations for applicants under this Act shall be held
8 at the direction of the Department from time to time but not
9 less than once each year. The scope and form of the
10 examination shall be determined by the Department.
11 Each applicant for a license who possesses the necessary
12 qualifications therefor shall be examined by the Department,
13 and shall pay to the Department, or its designated testing
14 service, the required examination fee, which fee shall not be
15 refunded by the Department.
16 Applicants have 3 years from the date of application to
17 complete the application process. If the process has not
18 been completed in 3 years, the application shall be denied,
19 the fee shall be forfeited, and the applicant must reapply
20 and meet the requirements in effect at the time of
21 reapplication.
22 An applicant has one year from the date of notification
23 of successful completion of the examination to apply to the
24 Department for a license. If an applicant fails to apply
25 within one year, the applicant shall be required to take and
26 pass the examination again unless licensed in another
27 jurisdiction of the United States within one year of passing
28 the examination.
29 (Source: P.A. 89-387, eff. 8-20-95; 89-702, eff. 7-1-97;
30 revised 1-30-99.)
31 Section 126. The Clinical Social Work and Social Work
32 Practice Act is amended by changing Section 9A as follows:
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1 (225 ILCS 20/9A) (from Ch. 111, par. 6359A)
2 Sec. 9A. Qualifications for license as licensed social
3 worker. A person shall be qualified to be licensed as a
4 licensed social worker and the Department shall issue a
5 license authorizing the practice of social work to an
6 applicant who:
7 (1) has applied in writing on the prescribed form;
8 (2) is of good moral character, as defined in subsection
9 (2) of Section 9;
10 (3) (a) has a degree from a graduate program of social
11 work approved by the Department; or
12 (b) has a degree in social work from an
13 undergraduate program approved by the Department and has
14 successfully completed at least 3 years of supervised
15 professional experience subsequent to obtaining the
16 degree as established by rule. If no supervision by a
17 licensed social worker or a licensed clinical social
18 worker is available, then supervised professional
19 experience may include supervision by other appropriate
20 disciplines as defined by rule;.
21 (4) has passed the examination for the practice of
22 social work as a licensed social worker as authorized by the
23 Department; and
24 (5) has paid the required fees.
25 (Source: P.A. 90-150, eff. 12-30-97; revised 10-31-98.)
26 Section 127. The Illinois Dental Practice Act is amended
27 by changing Sections 23 and 48 as follows:
28 (225 ILCS 25/23) (from Ch. 111, par. 2323)
29 Sec. 23. Refusal, revocation or suspension of dental
30 licenses. The Department may refuse to issue or renew, or
31 may revoke, suspend, place on probation, reprimand or take
32 other disciplinary action as the Department may deem proper,
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1 including fines not to exceed $10,000 per violation, with
2 regard to any license for any one or any combination of the
3 following causes:
4 1. Fraud in procuring the license.
5 2. Habitual intoxication or addiction to the use of
6 drugs.
7 3. Wilful or repeated violations of the rules of the
8 Department of Public Health or Department of Nuclear Safety.
9 4. Acceptance of a fee for service as a witness, without
10 the knowledge of the court, in addition to the fee allowed by
11 the court.
12 5. Division of fees or agreeing to split or divide the
13 fees received for dental services with any person for
14 bringing or referring a patient, except in regard to referral
15 services as provided for under Section 45, or assisting in
16 the care or treatment of a patient, without the knowledge of
17 the patient or his legal representative.
18 6. Employing, procuring, inducing, aiding or abetting a
19 person not licensed or registered as a dentist to engage in
20 the practice of dentistry. The person practiced upon is not
21 an accomplice, employer, procurer, inducer, aider, or abetter
22 within the meaning of this Act.
23 7. Making any misrepresentations or false promises,
24 directly or indirectly, to influence, persuade or induce
25 dental patronage.
26 8. Professional connection or association with or
27 lending his name to another for the illegal practice of
28 dentistry by another, or professional connection or
29 association with any person, firm or corporation holding
30 himself, herself, themselves, or itself out in any manner
31 contrary to this Act.
32 9. Obtaining or seeking to obtain practice, money, or
33 any other things of value by false or fraudulent
34 representations, but not limited to, engaging in such
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1 fraudulent practice to defraud the medical assistance program
2 of the Department of Public Aid.
3 10. Practicing under a name other than his or her own.
4 11. Engaging in dishonorable, unethical, or
5 unprofessional conduct of a character likely to deceive,
6 defraud, or harm the public.
7 12. Conviction in this or another State of any crime
8 which is a felony under the laws of this State or conviction
9 of a felony in a federal court, conviction of a misdemeanor,
10 an essential element of which is dishonesty, or conviction of
11 any crime which is directly related to the practice of
12 dentistry or dental hygiene.
13 13. Permitting a dental hygienist, dental assistant or
14 other person under his or her supervision to perform any
15 operation not authorized by this Act.
16 14. Permitting more than 4 dental hygienists to be
17 employed under his supervision at any one time.
18 15. A violation of any provision of this Act or any
19 rules promulgated under this Act.
20 16. Taking impressions for or using the services of any
21 person, firm or corporation violating this Act.
22 17. Violating any provision of Section 45 relating to
23 advertising.
24 18. Discipline by another U.S. jurisdiction or foreign
25 nation, if at least one of the grounds for the discipline is
26 the same or substantially equivalent to those set forth
27 within this Act.
28 19. Willfully failing to report an instance of suspected
29 child abuse or neglect as required by the "Abused and
30 Neglected Child Reporting Act.
31 20. Gross or repeated malpractice resulting in injury or
32 death of a patient.
33 21. The use or prescription for use of narcotics or
34 controlled substances or designated products as listed in the
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1 Illinois Controlled Substances Act, in any way other than for
2 therapeutic purposes.
3 22. Willfully making or filing false records or reports
4 in his practice as a dentist, including, but not limited to,
5 false records to support claims against the dental assistance
6 program of the Illinois Department of Public Aid.
7 23. Professional incompetence as manifested by poor
8 standards of care or mental incompetency as declared by a
9 court of competent jurisdiction.
10 24. Physical illness, including, but not limited to,
11 deterioration through the aging process, or loss of motor
12 skills which results in a dentist's inability to practice
13 dentistry with reasonable judgment, skill or safety.
14 25. Repeated irregularities in billing a third party for
15 services rendered to a patient. For purposes of this
16 paragraph 25, "irregularities in billing" shall include:
17 (a) Reporting excessive charges for the purpose of
18 obtaining a total payment in excess of that usually
19 received by the dentist for the services rendered.
20 (b) Reporting charges for services not rendered.
21 (c) Incorrectly reporting services rendered for the
22 purpose of obtaining payment not earned.
23 26. Continuing the active practice of dentistry while
24 knowingly having any infectious, communicable, or contagious
25 disease proscribed by rule or regulation of the Department.
26 27. Being named as a perpetrator in an indicated report
27 by the Department of Children and Family Services pursuant to
28 the Abused and Neglected Child Reporting Act, and upon proof
29 by clear and convincing evidence that the licensee has caused
30 a child to be an abused child or neglected child as defined
31 in the Abused and Neglected Child Reporting Act.
32 28. Violating the Health Care Worker Self-Referral Act.
33 29. Abandonment of a patient.
34 All proceedings to suspend, revoke, place on probationary
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1 status, or take any other disciplinary action as the
2 Department may deem proper, with regard to a license on any
3 of the foregoing grounds, must be commenced within 3 years
4 after receipt by the Department of a complaint alleging the
5 commission of or notice of the conviction order for any of
6 the acts described herein. Except for fraud in procuring a
7 license, no action shall be commenced more than 5 years after
8 the date of the incident or act alleged to have violated this
9 Section. The time during which the holder of the license was
10 outside the State of Illinois shall not be included within
11 any period of time limiting the commencement of disciplinary
12 action by the Department.
13 The Department may refuse to issue or may suspend the
14 license of any person who fails to file a return, or to pay
15 the tax, penalty or interest shown in a filed return, or to
16 pay any final assessment of tax, penalty or interest, as
17 required by any tax Act administered by the Illinois
18 Department of Revenue, until such time as the requirements of
19 any such tax Act are satisfied.
20 (Source: P.A. 88-65; 88-153; 88-635, eff. 1-1-95; 88-670,
21 eff. 12-2-94; 89-116, eff. 7-7-95; revised 10-31-98.)
22 (225 ILCS 25/48) (from Ch. 111, par. 2348)
23 Sec. 48. Manufacture of dentures, bridges or
24 replacements for dentists;. prescriptions;. order;.
25 penalties.
26 (a) Any dentist who employs or engages the services of
27 any dental laboratory to construct or repair, extraorally,
28 prosthetic dentures, bridges, or other replacements for a
29 part of a tooth, a tooth, or teeth, or who directs a dental
30 laboratory to participate in shade selection for a prosthetic
31 appliance, shall furnish such dental laboratory with a
32 written prescription on forms prescribed by the Department
33 which shall contain:
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1 (1) The name and address of the dental laboratory
2 to which the prescription is directed.
3 (2) The patient's name or identification number. If
4 a number is used, the patient's name shall be written
5 upon the duplicate copy of the prescription retained by
6 the dentist.
7 (3) The date on which the prescription was written.
8 (4) A description of the work to be done, including
9 diagrams if necessary.
10 (5) A specification of the type and quality of
11 materials to be used.
12 (6) The signature of the dentist and the number of
13 his or her license to practice dentistry.
14 (b) The dental laboratory receiving a prescription from
15 a dentist shall retain the original prescription and the
16 dentist shall retain a duplicate copy thereof for inspection
17 at any reasonable time by the Department or its duly
18 authorized agents, for a period of 3 years in both cases.
19 (c) If the dental laboratory receiving a written
20 prescription from a dentist engages another dental laboratory
21 (hereinafter referred to as "subcontractor") to perform some
22 of the services relative to such prescription, it shall
23 furnish a written order with respect thereto on forms
24 prescribed by the Department which shall contain:
25 (1) The name and address of the subcontractor.
26 (2) A number identifying the order with the
27 original prescription, which number shall be endorsed on
28 the prescription received from the dentist.
29 (3) The date on which the order was written.
30 (4) A description of the work to be done by the
31 subcontractor, including diagrams if necessary.
32 (5) A specification of the type and quality of
33 materials to be used.
34 (6) The signature of an agent of the dental
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1 laboratory issuing the order. The subcontractor shall
2 retain the order and the issuer thereof shall retain a
3 duplicate copy, attached to the prescription received
4 from the dentist, for inspection by the Department or its
5 duly authorized agents, for a period of 3 years in both
6 cases.
7 (7) A copy of the order to the subcontractor shall
8 be furnished to the dentist.
9 (d) Any dentist who:
10 (1) employs or engages the services of any dental
11 laboratory to construct or repair, extraorally,
12 prosthetic dentures, bridges, or other dental appliances
13 without first providing such dental laboratory with a
14 written prescription;
15 (2) fails to retain a duplicate copy of the
16 prescription for 3 years; or
17 (3) refuses to allow the Department or its duly
18 authorized agents, to inspect his or her files of
19 prescriptions;,
20 is guilty of a Class A misdemeanor and the Department may
21 revoke or suspend his or her license therefor.
22 (e) Any dental laboratory which:
23 (1) furnishes such services to any dentist without
24 first obtaining a written prescription therefor from such
25 dentist;
26 (2) acting as a subcontractor as described in (c)
27 above, furnishes such services to any dental laboratory
28 without first obtaining a written order from such dental
29 laboratory;
30 (3) fails to retain the original prescription or
31 order, as the case may be, for 3 years; or
32 (4) refuses to allow the Department or its duly
33 authorized agents, to inspect its files of prescriptions
34 or orders;,
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1 is guilty of a Class A misdemeanor.
2 (Source: P.A. 86-1283; revised 10-31-98.)
3 Section 128. The Medical Practice Act of 1987 is amended
4 by changing Sections 18 and 21 as follows:
5 (225 ILCS 60/18) (from Ch. 111, par. 4400-18)
6 Sec. 18. Visiting professor, physician, or resident
7 permits.
8 (A) Visiting professor permit.
9 (1) A visiting professor permit shall entitle a
10 person to practice medicine in all of its branches or to
11 practice the treatment of human ailments without the use
12 of drugs and without operative surgery provided:
13 (a) the person maintains an equivalent
14 authorization to practice medicine in all of its
15 branches or to practice the treatment of human
16 ailments without the use of drugs and without
17 operative surgery in good standing in their native
18 licensing jurisdiction during the period of the
19 visiting professor permit; and
20 (b) the person has received a faculty
21 appointment to teach in a medical, osteopathic or
22 chiropractic school in Illinois.
23 (2) Application for visiting professor permits
24 shall be made to the Department, in writing, on forms
25 prescribed by the Department and shall be accompanied by
26 the required fee established by rule, which shall not be
27 refundable. Any application shall require the
28 information as, in the judgment of the Department, will
29 enable the Department to pass on the qualifications of
30 the applicant.
31 (3) A visiting professor permit shall be valid for
32 one year from the date of issuance or until the time the
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1 faculty appointment is terminated, whichever occurs
2 first, and may be renewed only once.
3 (4) The applicant may be required to appear before
4 the Medical Licensing Board for an interview prior to,
5 and as a requirement for, the issuance of the original
6 permit and the renewal.
7 (5) Persons holding a permit under this Section
8 shall only practice medicine in all of its branches or
9 practice the treatment of human ailments without the use
10 of drugs and without operative surgery in the State of
11 Illinois in their official capacity under their contract.
12 (B) Visiting physician permit.
13 (1) The Department may, in its discretion, issue a
14 temporary visiting physician permit, without examination,
15 provided:
16 (a) (blank);
17 (b) that the person maintains an equivalent
18 authorization to practice medicine in all of its
19 branches or to practice the treatment of human
20 ailments without the use of drugs and without
21 operative surgery in good standing in his or her
22 native licensing jurisdiction during the period of
23 the temporary visiting physician permit;
24 (c) that the person has received an invitation
25 or appointment to study, demonstrate, or perform a
26 specific medical, osteopathic, chiropractic or
27 clinical subject or technique in a medical,
28 osteopathic, or chiropractic school, a hospital
29 licensed under the Hospital Licensing Act, a
30 hospital organized under the University of Illinois
31 Hospital Act, or a facility operated pursuant to the
32 Ambulatory Surgical Treatment Center Act; and
33 (d) that the temporary visiting physician
34 permit shall only permit the holder to practice
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1 medicine in all of its branches or practice the
2 treatment of human ailments without the use of drugs
3 and without operative surgery within the scope of
4 the medical, osteopathic, chiropractic, or clinical
5 studies for which the holder was invited or
6 appointed.
7 (2) The application for the temporary visiting
8 physician permit shall be made to the Department, in
9 writing, on forms prescribed by the Department, and shall
10 be accompanied by the required fee established by rule,
11 which shall not be refundable. The application shall
12 require information that, in the judgment of the
13 Department, will enable the Department to pass on the
14 qualification of the applicant, and the necessity for the
15 granting of a temporary visiting physician permit.
16 (3) A temporary visiting physician permit shall be
17 valid for 180 days from the date of issuance or until the
18 time the medical, osteopathic, chiropractic, or clinical
19 studies are completed, whichever occurs first.
20 (4) The applicant for a temporary visiting
21 physician permit may be required to appear before the
22 Medical Licensing Board for an interview prior to, and as
23 a requirement for, the issuance of a temporary visiting
24 physician permit.
25 (5) A limited temporary visiting physician permit
26 shall be issued to a physician licensed in another state
27 who has been requested to perform emergency procedures in
28 Illinois if he or she meets the requirements as
29 established by rule.
30 (C) Visiting resident permit.
31 (1) The Department may, in its discretion, issue a
32 temporary visiting resident permit, without examination,
33 provided:
34 (a) (blank);
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1 (b) that the person maintains an equivalent
2 authorization to practice medicine in all of its
3 branches or to practice the treatment of human
4 ailments without the use of drugs and without
5 operative surgery in good standing in his or her
6 native licensing jurisdiction during the period of
7 the temporary visiting resident permit;
8 (c) that the applicant is enrolled in a
9 postgraduate clinical training program outside the
10 State of Illinois that is approved by the
11 Department;
12 (d) that the individual has been invited or
13 appointed for a specific period of time to perform a
14 portion of that post graduate clinical training
15 program under the supervision of an Illinois
16 licensed physician in an Illinois patient care
17 clinic or facility that is affiliated with the
18 out-of-State post graduate training program; and
19 (e) that the temporary visiting resident
20 permit shall only permit the holder to practice
21 medicine in all of its branches or practice the
22 treatment of human ailments without the use of drugs
23 and without operative surgery within the scope of
24 the medical, osteopathic, chiropractic or clinical
25 studies for which the holder was invited or
26 appointed.
27 (2) The application for the temporary visiting
28 resident permit shall be made to the Department, in
29 writing, on forms prescribed by the Department, and shall
30 be accompanied by the required fee established by rule.
31 The application shall require information that, in the
32 judgment of the Department, will enable the Department to
33 pass on the qualifications of the applicant.
34 (3) A temporary visiting resident permit shall be
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1 valid for 180 days from the date of issuance or until the
2 time the medical, osteopathic, chiropractic, or clinical
3 studies are completed, whichever occurs first.
4 (4) The applicant for a temporary visiting resident
5 permit may be required to appear before the Medical
6 Licensing Board for an interview prior to, and as a
7 requirement for, the issuance of a temporary visiting
8 resident permit.
9 (Source: P.A. 88-564, eff. 1-1-95; 89-702, eff. 7-1-97;
10 revised 10-31-98.)
11 (225 ILCS 60/21) (from Ch. 111, par. 4400-21)
12 Sec. 21. License renewal; restoration; inactive status;
13 disposition and collection of fees.
14 (A) Renewal. The expiration date and renewal period for
15 each license issued under this Act shall be set by rule. The
16 holder of a license may renew the such license by paying the
17 required fee. The holder of a license may also renew the
18 license within 90 days after its expiration by complying with
19 the requirements for renewal and payment of an additional
20 fee. A license renewal within 90 days after expiration shall
21 be effective retroactively to the expiration date.
22 The Department shall mail to each licensee under this
23 Act, at his or her to their last known place of address, at
24 least 60 days in advance of the expiration date of his or her
25 their license, a notice of that fact and an application for
26 renewal form. No such license shall be deemed to have lapsed
27 until 90 days after the expiration date and after such notice
28 and application have been mailed by the Department as herein
29 provided.
30 (B) Restoration. Any licensee who has permitted his or
31 her their license to lapse or who has had his or her their
32 license on inactive status may have his or her their license
33 restored by making application to the Department and filing
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1 proof acceptable to the Department of his or her their
2 fitness to have the their license restored, including
3 evidence certifying to active practice in another
4 jurisdiction satisfactory to the Department, proof of meeting
5 the continuing education requirements for one renewal period,
6 and by paying the required restoration fee.
7 If the licensee has not maintained an active practice in
8 another jurisdiction satisfactory to the Department, the
9 Licensing Board shall determine, by an evaluation program
10 established by rule, the applicant's their fitness to resume
11 active status and may require the licensee to complete a
12 period of evaluated clinical experience and may require
13 successful completion of the practical examination.
14 However, any registrant whose license has expired while
15 he or she has they have been engaged (a) in Federal Service
16 on active duty with the Army of the United States, the United
17 States Navy, the Marine Corps, the Air Force, the Coast
18 Guard, the Public Health Service or the State Militia called
19 into the service or training of the United States of America,
20 or (b) in training or education under the supervision of the
21 United States preliminary to induction into the military
22 service, may have his or her their license reinstated or
23 restored without paying any lapsed renewal fees, if within 2
24 years after honorable termination of such service, training,
25 or education, he or she furnishes to they furnish the
26 Department with satisfactory evidence to the effect that he
27 or she has they have been so engaged and that his or her
28 their service, training, or education has been so terminated.
29 (C) Inactive licenses. Any licensee who notifies the
30 Department, in writing on forms prescribed by the Department,
31 may elect to place his or her their license on an inactive
32 status and shall, subject to rules of the Department, be
33 excused from payment of renewal fees until he or she notifies
34 they notify the Department in writing of his or her their
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1 desire to resume active status.
2 Any licensee requesting restoration from inactive status
3 shall be required to pay the current renewal fee, provide
4 proof of meeting the continuing education requirements for
5 the period of time the license is inactive not to exceed one
6 renewal period, and shall be required to restore his or her
7 their license, as provided in subsection (B).
8 Any licensee whose license is in an inactive status shall
9 not practice in the State of Illinois.
10 (D) Disposition of monies collected. All monies
11 collected under this Act by the Department shall be deposited
12 in the Illinois State Medical Disciplinary Fund in the State
13 Treasury, and used only for the following purposes: (a) by
14 the Medical Disciplinary Board in the exercise of its powers
15 and performance of its duties, as such use is made by the
16 Department with full consideration of all recommendations of
17 the Medical Disciplinary Board, (b) for costs directly
18 related to persons licensed under this Act, and (c) for
19 direct and allocable indirect costs related to the public
20 purposes of the Department of Professional Regulation.
21 Moneys in the Fund may be transferred to the Professions
22 Indirect Cost Fund as authorized under Section 61e of the
23 Civil Administrative Code of Illinois.
24 All earnings received from investment of monies in the
25 Illinois State Medical Disciplinary Fund shall be deposited
26 in the Illinois State Medical Disciplinary Fund and shall be
27 used for the same purposes as fees deposited in such Fund.
28 (E) Fees. The following fees are nonrefundable.
29 (1) Applicants for any examination shall be
30 required to pay, either to the Department or to the
31 designated testing service, a fee covering the cost of
32 determining the applicant's eligibility and providing the
33 examination. Failure to appear for the examination on the
34 scheduled date, at the time and place specified, after
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1 the applicant's application for examination has been
2 received and acknowledged by the Department or the
3 designated testing service, shall result in the
4 forfeiture of the examination fee.
5 (2) The fee for a license under Section 9 of this
6 Act is $300.
7 (3) The fee for a license under Section 19 of this
8 Act is $300.
9 (4) The fee for the renewal of a license for a
10 resident of Illinois shall be calculated at the rate of
11 $100 per year, except for licensees who were issued a
12 license within 12 months of the expiration date of the
13 license, the fee for the renewal shall be $100. The fee
14 for the renewal of a license for a nonresident shall be
15 calculated at the rate of $200 per year, except for
16 licensees who were issued a license within 12 months of
17 the expiration date of the license, the fee for the
18 renewal shall be $200.
19 (5) The fee for the restoration of a license other
20 than from inactive status, is $100. In addition, payment
21 of all lapsed renewal fees not to exceed $600 is
22 required.
23 (6) The fee for a 3-year temporary license under
24 Section 17 is $100.
25 (7) The fee for the issuance of a duplicate
26 license, for the issuance of a replacement license for a
27 license which has been lost or destroyed, or for the
28 issuance of a license with a change of name or address
29 other than during the renewal period is $20. No fee is
30 required for name and address changes on Department
31 records when no duplicate license is issued.
32 (8) The fee to be paid for a license record for any
33 purpose is $20.
34 (9) The fee to be paid to have the scoring of an
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1 examination, administered by the Department, reviewed and
2 verified, is $20 plus any fees charged by the applicable
3 testing service.
4 (10) The fee to be paid by a licensee for a wall
5 certificate showing his or her their license shall be the
6 actual cost of producing the such certificate.
7 (11) The fee for a roster of persons licensed as
8 physicians in this State shall be the actual cost of
9 producing such a roster.
10 (F) Any person who delivers a check or other payment to
11 the Department that is returned to the Department unpaid by
12 the financial institution upon which it is drawn shall pay to
13 the Department, in addition to the amount already owed to the
14 Department, a fine of $50. If the check or other payment was
15 for a renewal or issuance fee and that person practices
16 without paying the renewal fee or issuance fee and the fine
17 due, an additional fine of $100 shall be imposed. The fines
18 imposed by this Section are in addition to any other
19 discipline provided under this Act for unlicensed practice or
20 practice on a nonrenewed license. The Department shall notify
21 the person that payment of fees and fines shall be paid to
22 the Department by certified check or money order within 30
23 calendar days of the notification. If, after the expiration
24 of 30 days from the date of the notification, the person has
25 failed to submit the necessary remittance, the Department
26 shall automatically terminate the license or certificate or
27 deny the application, without hearing. If, after termination
28 or denial, the person seeks a license or certificate, he or
29 she shall apply to the Department for restoration or issuance
30 of the license or certificate and pay all fees and fines due
31 to the Department. The Department may establish a fee for the
32 processing of an application for restoration of a license or
33 certificate to pay all expenses of processing this
34 application. The Director may waive the fines due under this
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1 Section in individual cases where the Director finds that the
2 fines would be unreasonable or unnecessarily burdensome.
3 (Source: P.A. 88-246; 89-204, eff. 1-1-96; 89-702, eff.
4 7-1-97; revised 10-31-98.)
5 Section 129. The Nursing and Advanced Practice Nursing
6 Act is amended by changing Section 20-120 as follows:
7 (225 ILCS 65/20-120)
8 Sec. 20-120. Order of Director. An order regarding any
9 disciplinary action, or a certified copy thereof, over the
10 seal of the Department and purporting to be signed by the
11 Director, shall be prima facie evidence that:
12 (a) the such signature is the genuine signature of
13 the Director;
14 (b) the that such Director is duly appointed and
15 qualified; and
16 (c) that the Board and the Board members are
17 qualified to act.
18 (Source: P.A. 90-61, eff. 12-30-97; 90-742, eff. 8-13-98;
19 revised 9-21-98.)
20 Section 130. The Illinois Occupational Therapy Practice
21 Act is amended by changing Sections 8, 9, 19, and 19.10 as
22 follows:
23 (225 ILCS 75/8) (from Ch. 111, par. 3708)
24 Sec. 8. A person shall be qualified for licensure as an
25 occupational therapist if that person:
26 (1) A. That person has applied in writing in form
27 and substance to the Department; and
28 (2) (1) is a citizen of the United States or a
29 lawfully admitted alien, in status, registered with the
30 United States Department of Justice, Division of
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1 Immigration and Naturalization;
2 (3) (2) has completed an occupational therapy
3 program of at least 4 years in length, leading to a
4 baccalaureate degree, or its equivalent, approved by the
5 Department; and.
6 (4) B. That person has successfully completed the
7 examination authorized by the Department within the past
8 5 years.
9 (Source: P.A. 86-596; 87-1237; revised 10-31-98.)
10 (225 ILCS 75/9) (from Ch. 111, par. 3709)
11 Sec. 9. A person shall be qualified for licensure as an
12 occupational therapy assistant if that person:
13 (1) A. That person has applied in writing in form
14 and substance to the Department; and
15 (2) (1) is a citizen of the United States or a
16 lawfully admitted alien, in status, registered with the
17 United States Department of Justice, Division of
18 Immigration and Naturalization;
19 (3) (2) has completed an occupational therapy
20 program of at least 2 years in length leading to an
21 associate degree, or its equivalent, approved by the
22 Department; and
23 (4) B. That person has successfully completed the
24 examination authorized by the Department within the past
25 5 years.
26 (Source: P.A. 86-596; 87-1237; revised 10-31-98.)
27 (225 ILCS 75/19) (from Ch. 111, par. 3719)
28 Sec. 19. (a) The Department may refuse to issue or
29 renew, or may revoke, suspend, place on probation, reprimand
30 or take other disciplinary action as the Department may deem
31 proper, including fines not to exceed $2,500 for each
32 violation, with regard to any license for any one or
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1 combination of the following:
2 (1) Material misstatement in furnishing information
3 to the Department;
4 (2) Wilfully violating this Act, or of the rules
5 promulgated thereunder;
6 (3) Conviction of any crime under the laws of the
7 United States or any state or territory thereof which is
8 a felony or which is a misdemeanor, an essential element
9 of which is dishonesty, or of any crime which is directly
10 related to the practice of occupational therapy;
11 (4) Making any misrepresentation for the purpose of
12 obtaining certification, or violating any provision of
13 this Act or the rules promulgated thereunder pertaining
14 to advertising;
15 (5) Having demonstrated unworthiness, or
16 incompetency to act as an occupational therapist or
17 occupational therapy assistant in such manner as to
18 safeguard the interest of the public;
19 (6) Wilfully aiding or assisting another person,
20 firm, partnership or corporation in violating any
21 provision of this Act or rules;
22 (7) Failing, within 60 days, to provide information
23 in response to a written request made by the Department;
24 (8) Engaging in dishonorable, unethical or
25 unprofessional conduct of a character likely to deceive,
26 defraud or harm the public;
27 (9) Habitual intoxication or addiction to the use
28 of drugs;
29 (10) Discipline by another state, the District of
30 Columbia, a territory, or foreign nation, if at least one
31 of the grounds for the discipline is the same or
32 substantially equivalent to those set forth herein;
33 (11) Directly or indirectly giving to or receiving
34 from any person, firm, corporation, partnership or
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1 association any fee, commission, rebate or other form of
2 compensation for professional services not actually or
3 personally rendered;
4 (12) A finding by the Department that the license
5 holder, after having his license disciplined, has
6 violated the terms of the discipline;
7 (13) Wilfully making or filing false records or
8 reports in the practice of occupational therapy,
9 including but not limited to false records filed with the
10 State agencies or departments;
11 (14) Physical illness, including but not limited
12 to, deterioration through the aging process, or loss of
13 motor skill which results in the inability to practice
14 the profession with reasonable judgment, skill or safety;
15 (15) Solicitation of professional services other
16 than by permitted advertising;
17 (16) Wilfully exceeding the scope of practice
18 customarily undertaken by persons licensed under this
19 Act, which conduct results in, or may result in, harm to
20 the public;
21 (17) Holding one's self out to practice
22 occupational therapy under any name other than his own or
23 impersonation of any other occupational therapy licensee
24 license;
25 (18) Gross negligence;
26 (19) Malpractice;
27 (20) Obtaining a fee in money or gift in kind of
28 any other items of value or in the form of financial
29 profit or benefit as personal compensation, or as
30 compensation, or charge, profit or gain for an employer
31 or for any other person or persons, on the fraudulent
32 misrepresentation that a manifestly incurable condition
33 of sickness, disease or injury to any person can be
34 cured;
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1 (21) Accepting commissions or rebates or other
2 forms of remuneration for referring persons to other
3 professionals;
4 (22) Failure to file a return, or to pay the tax,
5 penalty or interest shown in a filed return, or to pay
6 any final assessment of tax, penalty or interest, as
7 required by any tax Act administered by the Illinois
8 Department of Revenue, until such time as the
9 requirements of any such tax Act are satisfied;
10 (23) Violating the Health Care Worker Self-Referral
11 Act; and
12 (24) Having treated patients other than by the
13 practice of occupational therapy as defined in this Act,
14 or having treated patients as a licensed occupational
15 therapist independent of a referral from a physician, or
16 having failed to notify the physician who established a
17 diagnosis that the patient is receiving occupational
18 therapy pursuant to that diagnosis.
19 (b) The determination by a circuit court that a license
20 holder is subject to involuntary admission or judicial
21 admission as provided in the Mental Health and Developmental
22 Disabilities Code, as now or hereafter amended, operates as
23 an automatic suspension. Such suspension will end only upon
24 a finding by a court that the patient is no longer subject to
25 involuntary admission or judicial admission, an order by the
26 court so finding and discharging the patient, and the
27 recommendation of the Board to the Director that the license
28 holder be allowed to resume his practice.
29 (Source: P.A. 87-1207; 88-424; revised 10-31-98.)
30 (225 ILCS 75/19.10) (from Ch. 111, par. 3729)
31 Sec. 19.10. Order or certified copy; prima facie proof.
32 An order or a certified copy thereof, over the seal of the
33 Department and purporting to be signed by the Director, shall
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1 be prima facie proof that: thereof and
2 (1) That the signature is the genuine signature of
3 the Director;
4 (2) That the Director is duly appointed and
5 qualified; and
6 (3) That the Board and the members thereof are
7 qualified to act.
8 (Source: P.A. 83-696; revised 4-20-98.)
9 Section 131. The Illinois Optometric Practice Act of
10 1987 is amended by changing Section 26.10 as follows:
11 (225 ILCS 80/26.10) (from Ch. 111, par. 3926.10)
12 Sec. 26.10. Order or certified copy as prima facie
13 proof. An order or a certified copy thereof, over the seal
14 of the Department and purporting to be signed by the
15 Director, shall be prima facie proof that thereof:
16 (a) the That such signature is the genuine
17 signature of the Director;
18 (b) the That such Director is duly appointed and
19 qualified; and
20 (c) That the Board and the members member thereof
21 are qualified to act.
22 (Source: P.A. 89-702, eff. 7-1-97; revised 4-10-98.)
23 Section 132. The Pharmacy Practice Act of 1987 is
24 amended by changing Section 35.13 as follows:
25 (225 ILCS 85/35.13) (from Ch. 111, par. 4155.13)
26 Sec. 35.13. Order or certified copy; prima facie proof.
27 An order or a certified copy thereof, over the seal of the
28 Department and purporting to be signed by the Director, shall
29 be prima facie proof that: thereof;
30 (a) the that such signature is the genuine
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1 signature of the Director;
2 (b) the that such Director is duly appointed and
3 qualified; and
4 (c) that the Board and the members thereof are
5 qualified to act.
6 (Source: P.A. 85-796; revised 4-10-98.)
7 Section 133. The Illinois Physical Therapy Act is
8 amended by changing Sections 3, 8, and 26 as follows:
9 (225 ILCS 90/3) (from Ch. 111, par. 4253)
10 Sec. 3. Powers and duties of the Department. Subject to
11 the provisions of this Act, the Department shall:
12 1. Prescribe rules defining what constitutes a
13 curriculum for physical therapy that is reputable and in good
14 standing.
15 2. Adopt rules providing for the establishment of a
16 uniform and reasonable standard of instruction and
17 maintenance to be observed by all curricula for physical
18 therapy which are approved by the Department; and determine
19 the reputability and good standing of such curricula for
20 physical therapy by reference to compliance with such rules,
21 provided that no school of physical therapy that refuses
22 admittance to applicants solely on account of race, color,
23 creed, sex or national origin shall be considered reputable
24 and in good standing.
25 3. Prescribe and publish rules for a method of
26 examination of candidates for licensed physical therapists
27 and licensed physical therapist assistants and for issuance
28 of licenses authorizing candidates upon passing examination
29 to practice as licensed physical therapists and licensed
30 physical therapist assistants.
31 4. Review application to ascertain the qualifications of
32 applicants for licenses.
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1 5. Authorize examinations to ascertain the
2 qualifications of those applicants who require such
3 examinations as a component of a license.
4 6. Conduct hearings on proceedings to refuse to issue
5 licenses and to discipline persons who are licensed under
6 this Act and refuse to issue such licenses, and to discipline
7 such licensees, or to refuse to issue a license to any person
8 who has practiced physical therapy in violation of this Act,
9 prior to applying for a license.
10 7. Formulate rules required for the administration of
11 this Act.
12 8. The Department shall Maintain a list of licensed
13 physical therapists and licensed physical therapist
14 assistants authorized to practice in the State. This list
15 shall show the name of every licensee, his last known place
16 of residence and the date and number of his or her license.
17 Any interested person in the State may obtain a copy of that
18 list on application to the Department and payment of the
19 required fee.
20 9. The Department shall Exercise the powers and duties
21 prescribed by the Civil Administrative Code of Illinois for
22 the administration of licensing Acts.
23 (Source: P.A. 89-387, eff. 1-1-96; revised 10-31-98.)
24 (225 ILCS 90/8) (from Ch. 111, par. 4258)
25 Sec. 8. Qualifications for licensure as a Physical
26 Therapist.
27 (a) A person is qualified to receive a license as a
28 physical therapist if that person has applied in writing, on
29 forms prescribed by the Department, has paid the required
30 fees, and meets all of the following requirements:
31 (1) He or she is at least 18 years of age and of
32 good moral character. In determining moral character, the
33 Department may take into consideration any felony
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1 conviction of the applicant, but such a conviction shall
2 not operate automatically as a complete bar to a license.
3 ;
4 (2) He or she has graduated from a curriculum in
5 physical therapy approved by the Department. In
6 approving a curriculum in physical therapy, the
7 Department shall consider, but not be bound by,
8 accreditation by the Commission on Accreditation in
9 Physical Therapy Education. A person who graduated from a
10 physical therapy program outside the United States or its
11 territories shall have his or her degree validated as
12 equivalent to a physical therapy degree conferred by a
13 regionally accredited college or university in the United
14 States. The Department may establish by rule a method
15 for the completion of course deficiencies.; and
16 (3) He or she has passed an examination approved by
17 the Department to determine his fitness for practice as a
18 physical therapist, or is entitled to be licensed without
19 examination as provided in Sections 10 and 11 of this
20 Act. A person who graduated from a physical therapy
21 program outside the United States or its territories and
22 whose first language is not English shall submit
23 certification of passage of the Test of English as a
24 Foreign Language (TOEFL) and the Test of Spoken English
25 (TSE) as defined by rule prior to taking the licensure
26 examination.
27 (b) (4) The Department reserves the right and may
28 request a personal interview of an applicant before the
29 Committee to further evaluate his or her qualifications for a
30 license.
31 (Source: P.A. 89-387, eff. 1-1-96; revised 10-31-98.)
32 (225 ILCS 90/26) (from Ch. 111, par. 4276)
33 Sec. 26. Order or certified copy; Thereof - prima facie
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1 proof. An order or a certified copy thereof, over the seal
2 of the Department and purporting to be signed by the
3 Director, shall be prima facie proof that: thereof;
4 (a) the That such signature is the genuine
5 signature of the Director;
6 (b) the That such Director is duly appointed and
7 qualified; and
8 (c) that the Committee and the members thereof are
9 qualified to act.
10 (Source: P.A. 84-595; revised 4-10-98.)
11 Section 134. The Physician Assistant Practice Act of
12 1987 is amended by changing Section 22.10 as follows:
13 (225 ILCS 95/22.10) (from Ch. 111, par. 4622.10)
14 Sec. 22.10. Order or certified copy; prima facie proof.
15 An order or a certified copy thereof, over the seal of the
16 Department and purporting to be signed by the Director, shall
17 be prima facie proof that: thereof;
18 (a) the That such signature is the genuine
19 signature of the Director;
20 (b) the That such Director is duly appointed and
21 qualified; and
22 (c) That the Disciplinary Board and the members
23 thereof are qualified to act.
24 (Source: P.A. 85-981; revised 4-10-98.)
25 Section 135. The Podiatric Medical Practice Act of 1987
26 is amended by changing Sections 35 and 36 as follows:
27 (225 ILCS 100/35) (from Ch. 111, par. 4835)
28 Sec. 35. Order or certified copy; thereof - prima facie
29 proof. An order or a certified copy thereof, over the seal
30 of the Department and purporting to be signed by the
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1 Director, shall be prima facie proof that: thereof and
2 (a) the that such a signature is the genuine
3 signature of the Director;
4 (b) the that such Director is duly appointed and
5 qualified; and
6 (c) that the Board and the members thereof are
7 qualified to act.
8 (Source: P.A. 85-918; revised 4-10-98.)
9 (225 ILCS 100/36) (from Ch. 111, par. 4836)
10 Sec. 36. Restoration of suspended or revoked license
11 licensed. At any time after the suspension or revocation of
12 any license, the Department may restore it to the accused
13 person, upon the written recommendation of the Board, unless
14 after an investigation and a hearing, the Board determines
15 that restoration is not in the public interest.
16 (Source: P.A. 85-918; revised 10-31-98.)
17 Section 136. The Professional Boxing and Wrestling Act
18 is amended by changing Section 23 as follows:
19 (225 ILCS 105/23) (from Ch. 111, par. 5023)
20 Sec. 23. Fees. The following fees are not refundable:
21 1. The fee for a permit to hold an athletic event shall
22 be $25.
23 2. The fee for a license as a boxing promoter shall be
24 $300 and the fee for renewal shall be calculated at the rate
25 of $150 per year.
26 3. (Blank). The fee for a license as a boxing promoter
27 shall be $300 and the fee for renewal shall be calculated at
28 the rate of $150 per year.
29 4. The fee for a license as boxing contestant shall be
30 $20 and the fee for renewal shall be calculated at the rate
31 of $10 per year.
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1 5. The fee for a license as a referee shall be $100 and
2 the fee for renewal shall be calculated at the rate of $50
3 per year.
4 6. The fee for a license as a judge shall be $10 and the
5 fee for renewal shall be calculated at the rate of $5 per
6 year.
7 7. The fee for a license as a manager shall be $50 and
8 the fee for renewal shall be calculated at the rate of $25
9 per year.
10 8. The fee for a license as a trainer (second) shall be
11 $10, and the fee for renewal shall be calculated at the rate
12 of $5 per year.
13 9. The fee for a license as a timekeeper shall be $50
14 and the fee for renewal shall be calculated at the rate of
15 $25 per year.
16 10. The fee for a registration of a wrestling promoter
17 shall be $300 and the fee for renewal shall be calculated at
18 the rate of $150 per year.
19 (Source: P.A. 82-522; revised 10-28-98.)
20 Section 137. The Respiratory Care Practice Act is
21 amended by changing Section 60 as follows:
22 (225 ILCS 106/60)
23 Sec. 60. Professional identification. (a) A person who
24 is licensed with the Department of Professional Regulation in
25 this State may use the title, "respiratory care practitioner"
26 and the abbreviation "RCP".
27 (Source: P.A. 89-33, eff. 1-1-96; revised 10-31-98.)
28 Section 138. The Veterinary Medicine and Surgery
29 Practice Act of 1994 is amended by changing Sections 25.10
30 and 28 as follows:
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1 (225 ILCS 115/25.10) (from Ch. 111, par. 7025.10)
2 Sec. 25.10. Order or certified copy; prima facie proof.
3 An order or a certified copy thereof, over the seal of the
4 Department and purporting to be signed by the Director, shall
5 be prima facie proof that thereof:
6 (a) the That such signature is the genuine
7 signature of the Director;
8 (b) the That such Director is duly appointed and
9 qualified; and
10 (c) That the Board and the members thereof are
11 qualified to act.
12 (Source: P.A. 83-1016; revised 10-14-98.)
13 (225 ILCS 115/28) (from Ch. 111, par. 7028)
14 Sec. 28. Previous laws. Rights and obligations incurred
15 and any actions commenced under the Veterinary Medicine and
16 Surgery Practice Act, as that Act or the Veterinary Medicine
17 and Surgery Practice Act of 1983 as those Acts existed prior
18 to the effective date of this Act, shall not be impaired by
19 the enactment of this Act. Rights and obligations incurred
20 and any actions commenced under this Act as it existed prior
21 to the effective date of Public Act 88-424 shall not be
22 impaired by the enactment of that amendatory Act. Rules
23 adopted under the former Act Acts, unless clearly
24 inconsistent with the provisions of this Act, shall remain in
25 effect until amended or rescinded.
26 All licenses legally issued in this State permitting the
27 holder thereof to practice veterinary medicine and surgery
28 and valid and in effect on the taking effect of this Act
29 shall have the same force, and be subject to the same
30 authority of the Department to revoke or suspend them, as
31 licenses issued under this Act.
32 (Source: P.A. 88-424; revised 8-10-98.)
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1 Section 139. The Wholesale Drug Distribution Licensing
2 Act is amended by changing Sections 75 and 140 as follows:
3 (225 ILCS 120/75) (from Ch. 111, par. 8301-75)
4 Sec. 75. Automatic suspension. The determination by a
5 circuit court that a licensee is subject to involuntary
6 admission or judicial admission as provided in the Mental
7 Health and Developmental Disabilities Code operates as an
8 automatic suspension. The suspension shall end only upon (i)
9 a finding by a court that the patient is no not longer
10 subject to involuntary admission or judicial admission and
11 the issuance of an order so finding and discharging the
12 patient and (ii) the recommendation of the Board to the
13 Director that the licensee be allowed to resume his or her
14 practice.
15 (Source: P.A. 87-594; revised 10-31-98.)
16 (225 ILCS 120/140) (from Ch. 111, par. 8301-140)
17 Sec. 140. Orders; prima facie proof. An order or a
18 certified copy thereof, over the seal of the Department and
19 purporting to be signed by the Director, shall be prima facie
20 proof that:;
21 (a) that the signature is the genuine signature of
22 the Director;
23 (b) that the Director is duly appointed and
24 qualified; and
25 (c) that the Board and its members are qualified to
26 act.
27 (Source: P.A. 87-594; revised 10-14-98.)
28 Section 140. The Illinois Explosives Act is amended by
29 changing Section 2005 as follows:
30 (225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)
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1 Sec. 2005. Qualifications for licensure. A person is
2 qualified to receive a license under this Act if the person
3 meets the following minimum requirements:
4 (1) is at least 21 years of age;
5 (2) has not willfully violated any provisions of
6 this Act;
7 (3) has not made any material misstatement or
8 knowingly withheld information in connection with any
9 original or renewal application;
10 (4) has not been declared incompetent by any
11 competent court by reasons of mental or physical defect
12 or disease unless a court has since declared him
13 competent;
14 (5) does not abuse alcohol or prescription drugs or
15 use illegal drugs;
16 (6) has not been convicted in any jurisdiction of
17 any felony within the prior 5 years;
18 (7) is not a fugitive from justice; and
19 (8) is of good moral character. Convictions of
20 crimes not listed in subsection (6) of this Section may
21 be taken into account in determining moral character but
22 shall not operate as an absolute bar to licensure; and
23 (9) has passed the oral and written examinations
24 required under Section 2004 of this Act.
25 A licensee shall continue to meet these requirements in
26 order to maintain his license.
27 (Source: P.A. 87-835; 88-599, eff. 9-1-94; revised 10-31-98.)
28 (225 ILCS 220/0.01 rep.)
29 Section 141. The Hazardous Waste Equipment Operators and
30 Laborers Licensing Act (Public Act 85-1195) is amended by
31 repealing Section 0.01.
32 Section 142. The Illinois Architecture Practice Act of
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1 1989 is amended by changing Section 30 as follows:
2 (225 ILCS 305/30) (from Ch. 111, par. 1330)
3 Sec. 30. Order to be prima facie proof. An order of
4 revocation or suspension or a certified copy thereof, over
5 the seal of the Department and purporting to be signed by the
6 Director, shall be prima facie proof that:
7 (a) the Such signature is the genuine signature of
8 the Director;.
9 (b) the That such Director is duly appointed and
10 qualified; and.
11 (c) That the Board and the members thereof are
12 qualified to act.
13 Such proof may be rebutted.
14 (Source: P.A. 86-702; revised 4-10-98.)
15 Section 143. The Interior Design Profession Title Act is
16 amended by changing Sections 4, 13, and 29 as follows:
17 (225 ILCS 310/4) (from Ch. 111, par. 8204)
18 Sec. 4. (a) No individual shall, without a valid
19 registration as an interior designer issued by the
20 Department, in any manner hold himself out to the public as
21 an interior designer or attach the title "interior designer"
22 or any other name or designation which would in any way imply
23 that he is able to use the title "interior designer" as
24 defined in this Act. No individual shall, without a valid
25 registration as a residential interior designer issued by the
26 Department, in any manner hold himself out to the public as a
27 residential interior designer, or use the title "residential
28 interior designer" or any name or designation that would in
29 any way imply that he is able to use the title "residential
30 interior designer" as defined in this Act.
31 (a-5) Nothing in this Act shall be construed as
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1 preventing or restricting the services offered or advertised
2 by an interior designer who is registered under this Act.
3 (b) Nothing in this Act shall prevent the employment, by
4 an interior designer or residential interior designer,
5 association, partnership, or a corporation furnishing
6 interior design or residential interior design services for
7 remuneration, of persons not registered as interior designers
8 or residential interior designers to perform services in
9 various capacities as needed, provided that the persons do
10 not represent themselves as, or use the title of, "interior
11 designer", "registered interior designer", "residential
12 interior designer" or "registered residential interior
13 designer".
14 (c) Nothing in this Act shall be construed to limit the
15 activities and use of the title "interior designer" or
16 "residential interior designer" on the part of a person not
17 registered under this Act who is a graduate of an interior
18 design program and a full-time employee of a duly chartered
19 institution of higher education insofar as such person
20 engages in public speaking, with or without remuneration,
21 provided that such person does not represent himself to be an
22 interior designer or use the title "registered interior
23 designer" or "registered residential interior designer".
24 (d) Nothing contained in this Act shall restrict any
25 person not registered under this Act from carrying out any of
26 the activities listed in the definition of "the profession of
27 interior design" in under paragraph (f) of Section 3 (3) if
28 such person does not represent himself or his services in any
29 manner prohibited by this Act.
30 (e) Nothing in this Act shall be construed as preventing
31 or restricting the practice, services, or activities of any
32 person licensed in this State under any other law from
33 engaging in the profession or occupation for which he is
34 licensed.
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1 (f) Nothing in this Act shall be construed as preventing
2 or restricting the practice, services, or activities of
3 engineers licensed under the Professional Engineering
4 Practice Act of 1989 or the Structural Engineering Licensing
5 Act of 1989; architects licensed pursuant to the Illinois
6 Architectural Practice Act of 1989; any interior decorator or
7 individual offering interior decorating services including,
8 but not limited to, the selection of surface materials,
9 window treatments, wall coverings, furniture, accessories,
10 paint, floor coverings, and lighting fixtures; or builders,
11 home furnishings salespersons, and similar purveyors of goods
12 and services relating to homemaking.
13 (g) Nothing in this Act or any other Act shall prevent a
14 licensed architect from practicing interior design services
15 or from using the title "interior designer" or "residential
16 interior designer". Nothing in this Act shall be construed
17 as requiring the services of an interior designer or
18 residential interior designer for the interior designing of a
19 single family residence.
20 (h) Nothing in this Act shall authorize interior
21 designers or residential interior designers to perform
22 services, including life safety services that they are
23 prohibited from performing, or any practice (i) that is
24 restricted in the Illinois Architecture Practice Act of 1989,
25 the Professional Engineering Practice Act of 1989, or the
26 Structural Engineering Licensing Act of 1989, or (ii) that
27 they are not authorized to perform under the Environmental
28 Barriers Act.
29 (Source: P.A. 88-650, eff. 9-16-94; revised 10-31-98.)
30 (225 ILCS 310/13) (from Ch. 111, par. 8213)
31 Sec. 13. Refusal, revocation or suspension of
32 registration. The Department may refuse to issue, renew, or
33 restore or may revoke, suspend, place on probation, reprimand
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1 or take other disciplinary action as the Department may deem
2 proper, including fines not to exceed $5,000 for each
3 violation, with regard to any registration for any one or
4 combination of the following causes:
5 (a) Fraud in procuring the certificate of
6 registration.
7 (b) Habitual intoxication or addiction to the use
8 of drugs.
9 (c) Making any misrepresentations or false
10 promises, directly or indirectly, to influence, persuade,
11 or induce patronage.
12 (d) Professional connection or association with, or
13 lending his name, to another for illegal use of the title
14 "interior designer" or "residential interior designer",
15 or professional connection or association with any
16 person, firm, or corporation holding itself out in any
17 manner contrary to this Act.
18 (e) Obtaining or seeking to obtain checks, money,
19 or any other items of value by false or fraudulent
20 representations.
21 (f) Use of the title under a name other than his
22 own.
23 (g) Improper, unprofessional, or dishonorable
24 conduct of a character likely to deceive, defraud, or
25 harm the public.
26 (h) Conviction in this or another state, or federal
27 court, of any crime which is a felony, if the Department
28 determines, after investigation, that such person has not
29 been sufficiently rehabilitated to warrant the public
30 trust.
31 (i) A violation of any provision of this Act or its
32 rules.
33 (j) Revocation by another state, the District of
34 Columbia, territory, or foreign nation of an interior
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1 design or residential interior design registration if at
2 least one of the grounds for that revocation is the same
3 as or the equivalent of one of the grounds for revocation
4 set forth in this Act.
5 (k) Mental incompetence as declared by a court of
6 competent jurisdiction.
7 (l) Being named as a perpetrator in an indicated
8 report by the Department of Children and Family Services
9 pursuant to the Abused and Neglected Child Reporting Act,
10 and upon proof by clear and convincing evidence that the
11 registrant has caused a child to be an abused child or
12 neglected child as defined in the Abused and Neglected
13 Child Reporting Act.
14 The Department shall deny a registration or renewal
15 authorized by this Act to any person who has defaulted on an
16 educational loan guaranteed by the Illinois Student
17 Assistance Commission; however, the Department may issue a
18 certificate of registration or renewal if such person has
19 established a satisfactory repayment record as determined by
20 the Illinois Student Assistance Commission.
21 The Department may refuse to issue or may suspend the
22 registration of any person who fails to file a return, or to
23 pay the tax, penalty, or interest showing in a filed return,
24 or to pay any final assessment of tax, penalty, or interest,
25 as required by any tax Act administered by the Illinois
26 Department of Revenue, until such time as the requirements of
27 any such tax Act are satisfied.
28 The entry of a decree by any circuit court establishing
29 that any person holding a certificate of registration under
30 this Act is a person subject to involuntary admission under
31 the Mental Health and Developmental Disabilities Code shall
32 operate as a suspension of that registration. That person
33 may resume using the title "interior designer" or
34 "residential interior designer" only upon a finding by the
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1 Board that he has been determined to be no longer subject to
2 involuntary admission by the court and upon the Board's
3 recommendation to the Director that he be permitted to resume
4 using the title "interior designer" or "residential interior
5 designer".
6 (Source: P.A. 88-650, eff. 9-16-94; revised 10-31-98.)
7 (225 ILCS 310/29) (from Ch. 111, par. 8229)
8 Sec. 29. Illinois Administrative Procedure Act. The
9 Illinois Administrative Procedure Act is hereby expressly
10 adopted and incorporated herein as if all of the provisions
11 of that Act were included in this Act, except that the
12 provision of subsection (d) of Section 10-65 of the Illinois
13 Administrative Administration Procedure Act that provides
14 that at hearings the registrant has the right to show
15 compliance with all lawful requirements for retention,
16 continuation, or renewal of the registration is specifically
17 excluded. For the purposes of this Act, the notice required
18 under Section 10-25 of the Illinois Administrative Procedure
19 Act is deemed sufficient when mailed to the last known
20 address of a party.
21 (Source: P.A. 88-45; 88-650, eff. 9-16-94; revised 10-31-98.)
22 Section 144. The Illinois Landscape Architecture Act of
23 1989 is amended by changing Section 25 as follows:
24 (225 ILCS 315/25) (from Ch. 111, par. 8125)
25 Sec. 25. Order or certified copy; prima facie proof. An
26 order or a certified copy thereof, over the seal of the
27 Department and purporting to be signed by the Director, shall
28 be prima facie proof that:
29 (a) the Such signature is the genuine signature of
30 the Director;.
31 (b) the That such Director is duly appointed and
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1 qualified; and.
2 (c) That the Board and the members thereof are
3 qualified to act.
4 (Source: P.A. 88-363; revised 4-10-98.)
5 Section 145. The Illinois Plumbing License Law is
6 amended by changing Section 25 as follows:
7 (225 ILCS 320/25) (from Ch. 111, par. 1124)
8 Sec. 25. Order or certified copy; prima facie proof. An
9 order of suspension, revocation, or reinstatement of a
10 license, or of dismissal of a complaint or petition, or a
11 certified copy of such an order, over the seal of the
12 Department and purporting to be signed by the Director, shall
13 be prima facie proof that:
14 (a) the Such signature is the genuine signature of
15 the Director; and.
16 (b) the That such Director is duly appointed and
17 qualified.
18 (Source: P.A. 83-878; revised 4-10-98.)
19 Section 146. The Illinois Professional Land Surveyor Act
20 of 1989 is amended by changing Section 37 as follows:
21 (225 ILCS 330/37) (from Ch. 111, par. 3287)
22 Sec. 37. Order or certified copy; prima facie proof. An
23 order or certified copy thereof, over the seal of the
24 Department and purporting to be signed by the Director, shall
25 be prima facie proof that:
26 (a) the Such signature is the genuine signature of
27 the Director;.
28 (b) That the Director is duly appointed and
29 qualified; and.
30 (c) That the Board and the members thereof are
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1 qualified to act.
2 (Source: P.A. 86-987; revised 5-6-98.)
3 Section 147. The Structural Engineering Licensing Act of
4 1989 is amended by changing Section 28 as follows:
5 (225 ILCS 340/28) (from Ch. 111, par. 6628)
6 Sec. 28. Order or certified copy; prima facie proof. An
7 order or a certified copy thereof, over the seal of the
8 Department and purporting to be signed by the Director, shall
9 be prima facie proof that:
10 1. the Such signature is the genuine signature of
11 the Director;.
12 2. the That such Director is duly appointed and
13 qualified; and.
14 3. That the Board and the members thereof are
15 qualified to act.
16 Such proof may be rebutted.
17 (Source: P.A. 86-711; revised 5-6-98.)
18 Section 148. The Barber, Cosmetology, Esthetics, and
19 Nail Technology Act of 1985 is amended by changing Sections
20 1-11, 3-4, 3A-5, 3C-5, and 4-16 as follows:
21 (225 ILCS 410/1-11) (from Ch. 111, par. 1701-11)
22 Sec. 1-11. Exceptions to Act.
23 (a) Nothing in this Act shall be construed to apply to
24 the educational activities conducted in connection with any
25 monthly, annual or other special educational program of any
26 bona fide association of licensed cosmetologists,
27 estheticians, nail technicians, or barbers, or licensed
28 cosmetology, esthetics, nail technology, or barber schools
29 from which the general public is excluded.
30 (b) Nothing in this Act shall be construed to apply to
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1 the activities and services of registered nurses or licensed
2 practical nurses, as defined in the Nursing and Advanced
3 Practice Nursing Act, or to personal care or health care
4 services provided by individuals in the performance of their
5 duties as employed or authorized by facilities or programs
6 licensed or certified by State agencies. As used in this
7 subsection (b), "personal care" means assistance with meals,
8 dressing, movement, bathing, or other personal needs or
9 maintenance or general supervision and oversight of the
10 physical and mental well-being of an individual who is
11 incapable of maintaining a private, independent residence or
12 who is incapable of managing his or her person whether or not
13 a guardian has been appointed for that individual. The
14 definition of "personal care" as used in this subsection (b)
15 shall not otherwise be construed to negate the requirements
16 of this Act or its rules.
17 (c) Nothing in this Act shall be deemed to require
18 licensure of individuals employed by the motion picture,
19 film, television, stage play or related industry for the
20 purpose of providing cosmetology or esthetics services to
21 actors of that industry while engaged in the practice of
22 cosmetology or esthetics as a part of that person's
23 employment.
24 (Source: P.A. 89-387, eff. 1-1-96; 90-580, eff. 5-21-98;
25 90-742, eff. 8-13-98; revised 9-21-98.)
26 (225 ILCS 410/3-4) (from Ch. 111, par. 1703-4)
27 Sec. 3-4. Licensure as cosmetology teacher or cosmetology
28 clinic teacher; qualifications.
29 (a) A person is qualified to receive license as a
30 cosmetology teacher if that person has applied in writing on
31 forms provided by the Department, has paid the required fees,
32 and:
33 (1) is at least 18 years of age;
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1 (2) has graduated from high school or its
2 equivalent;
3 (3) has a current license as a cosmetologist;
4 (4) has either: (i) completed 500 hours of teacher
5 training in a licensed school of cosmetology and had 2
6 years of practical experience as a licensed cosmetologist
7 within 5 years preceding the examination; or (ii)
8 completed 1,000 1000 hours of teacher training in a
9 licensed school of cosmetology; and
10 (5) has passed an examination authorized by the
11 Department to determine fitness to receive a license as a
12 cosmetology teacher; and
13 (6) has met any other requirements of this Act.
14 A cosmetology teacher who teaches esthetics, in order to
15 be licensed, shall demonstrate, to the satisfaction of the
16 Department, current skills in the use of machines used in the
17 practice of esthetics.
18 An individual who receives a license as a cosmetology
19 teacher shall not be required to maintain an active
20 cosmetology license in order to practice cosmetology as
21 defined in this Act.
22 (b) A person is qualified to receive a license as a
23 cosmetology clinic teacher if he or she has applied in
24 writing on forms provided by the Department, has paid the
25 required fees, and:
26 (1) is at least 18 years of age;
27 (2) has graduated from high school or its
28 equivalent;
29 (3) has a current license as a cosmetologist;
30 (4) has completed 250 hours of clinic teacher
31 training in a licensed school of cosmetology and has 2
32 years of practical experience as a licensed cosmetologist
33 within 5 years preceding the examination;
34 (5) has passed an examination authorized by the
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1 Department to determine fitness to receive a license as a
2 cosmetology teacher; and
3 (6) has met any other requirements of this Act.
4 (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97;
5 revised 10-31-98.)
6 (225 ILCS 410/3A-5) (from Ch. 111, par. 1703A-5)
7 Sec. 3A-5. Examination.
8 (a) The Department shall authorize examinations of
9 applicants for a license licenses as an esthetician or
10 teacher estheticians, teachers of esthetics at such times and
11 places as it may determine. The Department shall authorize
12 no fewer not less than 4 examinations for a license as an
13 esthetician or a teacher of estheticians, esthetics teachers
14 in a calendar year.
15 If an applicant neglects, fails without an approved
16 excuse, or refuses to take the next available examination
17 offered for licensure under this Act, the fee paid by the
18 applicant shall be forfeited to the Department and the
19 application denied. If an applicant fails to pass an
20 examination for licensure under this Act within 3 years after
21 filing his or her application, the application shall be
22 denied. However, such applicant may thereafter make a new
23 application for examination, accompanied by the required fee,
24 if he or she meets the requirements in effect at the time of
25 reapplication. If an applicant for licensure as an
26 esthetician is unsuccessful at 3 examinations conducted by
27 the Department, the applicant shall, before taking a
28 subsequent examination, furnish evidence of not less than 125
29 hours of additional study of esthetics in an approved school
30 of cosmetology or esthetics since the applicant last took the
31 examination. If an applicant for licensure as an esthetics
32 teacher or esthetics clinic teacher is unsuccessful at 3
33 examinations conducted by the Department, the applicant
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1 shall, before taking a subsequent examination, furnish
2 evidence of not less than 80 hours of additional study in
3 teaching methodology and educational psychology in a licensed
4 school of cosmetology or esthetics since the applicant last
5 took the examination. An applicant who fails to pass a
6 fourth examination shall not again be admitted to an
7 examination unless (i) in the case of an applicant for
8 licensure as an esthetician, the applicant shall again take
9 and complete a total of 750 hours in the study of esthetics
10 in a licensed school of cosmetology approved to teach
11 esthetics or a school of esthetics, extending over a period
12 that commences after the applicant fails to pass the fourth
13 examination and that is not less than 18 weeks nor more than
14 4 consecutive years in duration; (ii) in the case of an
15 applicant for a license as an esthetics teacher, the
16 applicant shall again take and complete a total of 750 hours
17 of teacher training in a school of cosmetology approved to
18 teach esthetics or a school of esthetics, except that if the
19 applicant had 2 years of practical experience as a licensed
20 cosmetologist or esthetician within 5 years preceding the
21 initial examination taken by the applicant, the applicant
22 must again take and complete 500 hours of teacher training in
23 licensed cosmetology or a licensed esthetics school; or (iii)
24 in the case of an applicant for a license as an esthetics
25 clinic teacher, the applicant shall again take and complete a
26 total of 250 hours of clinic teacher training in a licensed
27 school of cosmetology or a licensed school of esthetics.
28 (b) Each applicant shall be given a written examination
29 testing both theoretical and practical knowledge which shall
30 include, but not be limited to, questions that determine the
31 applicant's knowledge of:
32 (1) product chemistry;
33 (2) sanitary rules and regulations;
34 (3) sanitary procedures;
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1 (4) chemical service procedures;
2 (5) knowledge of the anatomy of the skin, as it
3 relates to applicable services under this Act;
4 (6) the provisions and requirements of this Act;
5 and
6 (7) labor and compensation laws.
7 (c) The examination of applicants for licensure as an
8 esthetics teacher may include all of the above and may also
9 include:
10 (1) teaching methodology;
11 (2) classroom management; and
12 (3) record keeping and any other subjects that the
13 Department may deem necessary to insure competent
14 performance.
15 (d) This Act does not prohibit the practice of esthetics
16 by one who has applied in writing to the Department, in form
17 and substance satisfactory to the Department, for a license
18 as an esthetician, an esthetics teacher, or an esthetics
19 clinic teacher and has complied with all the provisions of
20 this Act in order to qualify for a license, except the
21 passing of an examination to be eligible to receive such
22 license certificate, until: (i) the expiration of 6 months
23 after the filing of such written application, or (ii) the
24 decision of the Department that the applicant has failed to
25 pass an examination within 6 months or failed without an
26 approved excuse to take an examination conducted within 6
27 months by the Department, or (iii) the withdrawal of the
28 application.
29 (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97;
30 revised 2-24-98.)
31 (225 ILCS 410/3C-5) (from Ch. 111, par. 1703C-5)
32 Sec. 3C-5. Pre-existing practitioners; certificate of
33 registration requirements for nail technology teachers.
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1 (a) For a period of 2 years after January 1, 1992, an
2 applicant who was acting as a nail technology teacher prior
3 to January 1, 1992, shall be issued a certificate of
4 registration as a nail technology teacher if the applicant
5 meets all of the following requirements:
6 (1) Completes and submits to the Department the
7 necessary forms furnished by the Department along with an
8 application fee of $20.
9 (2) Is at least 18 years of age.
10 (3) Has graduated from high school or its
11 equivalent.
12 (4) Has 2 years of practical experience as a nail
13 technology teacher as verified in a written affidavit
14 executed by an employer or coworker.
15 (5) Submits proof satisfactory to the Department of
16 proficiency in the use of nail technology products and
17 machinery.
18 (6) Has passed an examination authorized by the
19 Department to determine the applicant's fitness to
20 receive a certificate of registration as a nail
21 technology teacher.
22 (Source: P.A. 87-786; 87-1237; 88-362; revised 10-31-98.)
23 (225 ILCS 410/4-16) (from Ch. 111, par. 1704-16)
24 Sec. 4-16. Order or certified copy; prima facie proof
25 evidence. An order of revocation or suspension or a
26 certified copy thereof, over the seal of the Department and
27 purporting to be signed by the Director, shall be prima facie
28 proof that:
29 1. the Such signature is the genuine signature of
30 the Director;.
31 2. the That such Director is duly appointed and
32 qualified; and.
33 3. That the Committee and the members thereof are
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1 qualified to act.
2 Such proof may be rebutted.
3 (Source: P.A. 84-657; revised 10-14-98.)
4 Section 149. The Illinois Certified Shorthand Reporters
5 Act of 1984 is amended by changing Section 23.10 as follows:
6 (225 ILCS 415/23.10) (from Ch. 111, par. 6233)
7 Sec. 23.10. Order or certified copy; prima facie proof.
8 An order or a certified copy thereof, over the seal of the
9 Department and purporting to be signed by the Director, shall
10 be prima facie proof that: thereof and
11 (1) That the signature is the genuine signature of
12 the Director;
13 (2) That the Director is duly appointed and
14 qualified; and
15 (3) That the Board and the members thereof are
16 qualified to act.
17 (Source: P.A. 83-73; revised 5-6-98.)
18 Section 150. The Detection of Deception Examiners Act is
19 amended by changing Section 25 as follows:
20 (225 ILCS 430/25) (from Ch. 111, par. 2426)
21 Sec. 25. Order or certified copy; prima facie proof. An
22 order or a certified copy thereof, over the seal of the
23 Department and purporting to be signed by the Director, shall
24 be prima facie proof that: thereof;
25 (a) the That such signature is the genuine
26 signature of the Director;
27 (b) the That such Director is duly appointed and
28 qualified; and
29 (c) That the Committee and the members thereof are
30 qualified to act.
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1 (Source: Laws 1963, p. 3300; revised 10-14-98.)
2 Section 151. The Ferries Act is amended by changing
3 Section 1 as follows:
4 (225 ILCS 435/1) (from Ch. 121, par. 701)
5 Sec. 1. That No person shall establish, keep or use any
6 ferry for the conveyance or passage of persons or property,
7 for profit or hire, unless he shall be licensed as directed
8 by this Act, under the penalty of $5 for each day the same is
9 maintained, and $3 for each person and each article of
10 property so conveyed, to be forfeited to the county in which
11 the ferry is situated. This Section shall not apply to
12 ferries heretofore established by law.
13 (Source: R.S. 1874, p. 530; revised 10-31-98.)
14 Section 152. The Private Detective, Private Alarm,
15 Private Security, and Locksmith Act of 1993 is amended by
16 changing Sections 75 and 80 as follows:
17 (225 ILCS 446/75)
18 Sec. 75. Qualifications for licensure and agency
19 certification.
20 (a) Private Detective. A person is qualified to receive
21 a license as a private detective if he or she meets all of
22 the following requirements:
23 (1) Is at least 21 years of age.
24 (2) Has not been convicted in any jurisdiction of
25 any felony or at least 10 years have expired from the
26 time of discharge from any sentence imposed for a felony.
27 (3) Is of good moral character. Good character is
28 a continuing requirement of licensure. Conviction of
29 crimes not listed in paragraph (2) of subsection (a) of
30 this Section may be used in determining moral character,
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1 but does not operate as an absolute bar to licensure.
2 (4) Has not been declared by any court of competent
3 jurisdiction to be incompetent by reason of mental or
4 physical defect or disease unless a court has since
5 declared him or her to be competent.
6 (5) Is not suffering from habitual drunkenness or
7 from narcotic addiction or dependence.
8 (6) Has a minimum of 3 years experience out of the
9 5 years immediately preceding his or her application
10 working full-time for a licensed private detective agency
11 as a registered private detective employee or with 3
12 years experience out of the 5 years immediately preceding
13 his or her application employed as a full-time
14 investigator in a law enforcement agency of a federal or
15 State political subdivision, approved by the Board and
16 the Department; or an applicant who has obtained a
17 baccalaureate degree in police science or a related field
18 or a business degree from an accredited college or
19 university shall be given credit for 2 of the 3 years
20 experience required under this Section. An applicant who
21 has obtained an associate degree in police science or a
22 related field or in business from an accredited college
23 or university shall be given credit for one of the 3
24 years experience required under this Section.
25 (7) Has not been dishonorably discharged from the
26 armed services of the United States.
27 (8) Has successfully passed an examination
28 authorized by the Department. The examination shall
29 include subjects reasonably related to the activities
30 licensed so as to provide for the protection of the
31 health and safety of the public.
32 (9) Has not violated Section 15, 20, or 25 of this
33 Act, but this requirement does not operate as an absolute
34 bar to licensure.
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1 It is the responsibility of the applicant to obtain
2 liability insurance in an amount and coverage type
3 appropriate as determined by rule for the applicant's
4 individual business circumstances. The applicant shall
5 provide evidence of insurance to the Department before being
6 issued a license. This insurance requirement is a continuing
7 requirement for licensure. Failure to maintain insurance
8 shall result in cancellation of the license by the
9 Department.
10 (b) Private security contractor. A person is qualified
11 to receive a license as a private security contractor if he
12 or she meets all of the following requirements:
13 (1) Is at least 21 years of age.
14 (2) Has not been convicted in any jurisdiction of
15 any felony or at least 10 years have expired from the
16 time of discharge from any sentence imposed for a felony.
17 (3) Is of good moral character. Good moral
18 character is a continuing requirement of licensure.
19 Convictions of crimes not listed in paragraph (2) of
20 subsection (b) of this Section may be used in determining
21 moral character, but do not operate as an absolute bar to
22 licensure.
23 (4) Has not been declared by any court of competent
24 jurisdiction to be incompetent by reason of mental or
25 physical defect or disease unless a court has since
26 declared him or her to be competent.
27 (5) Is not suffering from habitual drunkenness or
28 from narcotic addiction or dependence.
29 (6) Has a minimum of 3 years experience out of the
30 5 years immediately preceding his or her application as a
31 full-time manager or administrator for a licensed private
32 security contractor agency or a manager or administrator
33 of a proprietary security force of 30 or more persons
34 registered with the Department, or with 3 years
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1 experience out of the 5 years immediately preceding his
2 or her application as a full-time supervisor in a law
3 enforcement agency of a federal or State political
4 subdivision, approved by the Board and the Department; or
5 an applicant who has obtained a baccalaureate degree in
6 police science or a related field or a business degree
7 from an accredited college or university shall be given
8 credit for 2 of the 3 years experience required under
9 this Section. An applicant who has obtained an associate
10 degree in police science or a related field or in
11 business from an accredited college or university shall
12 be given credit for one of the 3 years experience
13 required under this Section.
14 (7) Has not been dishonorably discharged from the
15 armed services of the United States.
16 (8) Has successfully passed an examination
17 authorized by the Department. The examination shall
18 include subjects reasonably related to the activities
19 licensed so as to provide for the protection of the
20 health and safety of the public.
21 (9) Has not violated Section 15, 20, or 25 of this
22 Act, but this requirement does not operate as an absolute
23 bar to licensure.
24 (10) It is the responsibility of the applicant to obtain
25 liability insurance in amount and coverage type appropriate
26 as determined by rule for the applicant's individual business
27 circumstances. The applicant shall provide evidence of
28 insurance to the Department before being issued a license.
29 This insurance requirement is a continuing requirement for
30 licensure. Failure to maintain insurance shall result in
31 cancellation of the license by the Department.
32 (c) Private alarm contractor. A person is qualified to
33 receive a license as a private alarm contractor if he or she
34 meets all of the following requirements:
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1 (1) Is at least 21 years of age.
2 (2) Has not been convicted in any jurisdiction of
3 any felony or at least 10 years have expired from the
4 time of discharge from any sentence imposed for a felony.
5 (3) Is of good moral character. Good moral
6 character is a continuing requirement of licensure.
7 Convictions of crimes not listed in paragraph (2) of
8 subsection (c) of this Section may be used in determining
9 moral character, but do not operate as an absolute bar to
10 licensure.
11 (4) Has not been declared by any court of competent
12 jurisdiction to be incompetent by reason of mental or
13 physical defect or disease unless a court has since
14 declared him or her to be competent.
15 (5) Is not suffering from habitual drunkenness or
16 from narcotic addiction or dependence.
17 (6) Has not been dishonorably discharged from the
18 armed services of the United States.
19 (7) Has a minimum of 3 years experience out of the
20 5 years immediately preceding application as a full time
21 manager or administrator for an agency licensed as a
22 private alarm contractor agency, or for an entity that
23 designs, sells, installs, services, or monitors alarm
24 systems which in the judgment of the Board satisfies
25 standards of alarm industry competence. An individual who
26 has received a 4 year degree in electrical engineering or
27 a related field from a program approved by the Board
28 shall be given credit for 2 years of experience under
29 this item (7). An individual who has successfully
30 completed a national certification program approved by
31 the Board shall be given credit for one year of
32 experience under this item (7).
33 (8) Has successfully passed an examination
34 authorized by the Department. The examination shall
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1 include subjects reasonably related to the activities
2 licensed so as to provide for the protection of the
3 health and safety of the public.
4 (9) Has not violated Section 15, 20, or 25 of this
5 Act, but this requirement does not operate as an absolute
6 bar to licensure.
7 (10) It is the responsibility of the applicant to obtain
8 liability insurance in an amount and coverage type
9 appropriate as determined by rule for the applicant's
10 individual business circumstances. The applicant shall
11 provide evidence of insurance to the Department before being
12 issued a license. This insurance requirement is a continuing
13 requirement for licensure. Failure to maintain insurance
14 shall result in cancellation of the license by the
15 Department.
16 Alternatively, a person is qualified to receive a license
17 as a private alarm contractor without meeting the
18 requirements of items (7), (8), and (9) of this subsection,
19 if he or she:
20 (i) applies for a license between September 1, 1998
21 and September 15, 1998, in writing, on forms supplied by
22 the Department;
23 (ii) provides proof to the Department that he or
24 she was engaged in the alarm contracting business on or
25 before January 1, 1984;
26 (iii) submits the photographs, fingerprints, proof
27 of insurance, and current license fee required by the
28 Department; and
29 (iv) has not violated Section 25 of this Act.
30 (d) Locksmith. A person is qualified to receive a
31 license as a locksmith if he or she meets all of the
32 following requirements:
33 (1) Is at least 18 years of age.
34 (2) Has not violated any provisions of Section 120
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1 of this Act.
2 (3) Has not been convicted in any jurisdiction of
3 any felony or at least 10 years have expired from the
4 time of discharge from any sentence imposed for a felony.
5 (4) Is of good moral character. Good moral
6 character is a continuing requirement of licensure.
7 Convictions of crimes not listed in paragraph (3) of
8 subsection (d) of this Section may be used in determining
9 moral character, but do not operate as an absolute bar to
10 licensure.
11 (5) Has not been declared by any court of competent
12 jurisdiction to be incompetent by reason of mental or
13 physical defect or disease unless a court has since
14 declared him or her to be competent.
15 (6) Is not suffering from habitual drunkenness or
16 from narcotic addiction or dependence.
17 (7) Has not been dishonorably discharged from the
18 armed services of the United States.
19 (8) Has passed an examination authorized by the
20 Department in the theory and practice of the profession.
21 (9) Has submitted to the Department proof of
22 insurance sufficient for the individual's business
23 circumstances. The Department, with input from the
24 Board, shall promulgate rules specifying minimum
25 insurance requirements. This insurance requirement is a
26 continuing requirement for licensure. Failure to
27 maintain insurance shall result in the cancellation of
28 the license by the Department. A locksmith employed by a
29 licensed locksmith agency or employed by a private
30 concern may provide proof that his or her actions as a
31 locksmith are covered by the insurance of his or her
32 employer.
33 (e) Private detective agency. Upon payment of the
34 required fee and proof that the applicant has a full-time
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1 Illinois licensed private detective in charge, which is a
2 continuing requirement for agency certification, the
3 Department shall issue, without examination, a certificate as
4 a private detective agency to any of the following:
5 (1) An individual who submits an application in
6 writing and who is a licensed private detective under
7 this Act.
8 (2) A firm or association that submits an
9 application in writing and all of the members of the firm
10 or association are licensed private detectives under this
11 Act.
12 (3) A duly incorporated or registered corporation
13 allowed to do business in Illinois that is authorized by
14 its articles of incorporation to engage in the business
15 of conducting a detective agency, provided at least one
16 officer or executive employee is licensed as a private
17 detective under this Act and all unlicensed officers and
18 directors of the corporation are determined by the
19 Department to be persons of good moral character.
20 No private detective may be the private detective in
21 charge for more than one agency except for an individual who,
22 on the effective date of this Act, is currently and actively
23 a licensee for more than one agency. Upon written request by
24 a representative of an agency within 10 days after the loss
25 of a licensee in charge of an agency because of the death of
26 that individual or because of an unanticipated termination of
27 the employment of that individual, the Department shall issue
28 a temporary permit allowing the continuing operation of a
29 previously licensed agency. No temporary permit shall be
30 valid for more than 90 days. An extension of an additional
31 90 days may be granted by the Department for good cause shown
32 upon written request by the representative of the agency. No
33 more than 2 extensions may be granted to any agency. No
34 temporary permit shall be issued for the loss of the
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1 detective in charge because of disciplinary action by the
2 Department.
3 (f) Private alarm contractor agency. Upon receipt of
4 the required fee and proof that the applicant has a full-time
5 Illinois licensed private alarm contractor in charge, which
6 is a continuing requirement for agency certification, the
7 Department shall issue, without examination, a certificate as
8 a private alarm contractor agency to any of the following:
9 (1) An individual who submits an application in
10 writing and who is a licensed private alarm contractor
11 under this Act.
12 (2) A firm or association that submits an
13 application in writing that all of the members of the
14 firm or association are licensed private alarm
15 contractors under this Act.
16 (3) A duly incorporated or registered corporation
17 allowed to do business in Illinois that is authorized by
18 its articles of incorporation to engage in the business
19 of conducting a private alarm contractor agency, provided
20 at least one officer or executive employee is licensed as
21 a private alarm contractor under this Act and all
22 unlicensed officers and directors of the corporation are
23 determined by the Department to be persons of good moral
24 character.
25 No private alarm contractor may be the private alarm
26 contractor in charge for more than one agency except for any
27 individual who, on the effective date of this Act, is
28 currently and actively a licensee for more than one agency.
29 Upon written request by a representative of an agency within
30 10 days after the loss of a licensed private alarm contractor
31 in charge of an agency because of the death of that
32 individual or because of the unanticipated termination of the
33 employment of that individual, the Department shall issue a
34 temporary permit allowing the continuing operation of a
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1 previously licensed agency. No temporary permit shall be
2 valid for more than 90 days. An extension of an additional
3 90 days may be granted by the Department for good cause shown
4 and upon written request by the representative of the agency.
5 No more than 2 extensions may be granted to any agency. No
6 temporary permit shall be issued for the loss of the licensee
7 in charge because of disciplinary action by the Department.
8 (g) Private security contractor agency. Upon receipt of
9 the required fee and proof that the applicant has a full-time
10 Illinois licensed private security contractor in charge,
11 which is continuing requirement for agency certification, the
12 Department shall issue, without examination, a certificate as
13 a private security contractor agency to any of the following:
14 (1) An individual who submits an application in
15 writing and who is a licensed private security contractor
16 under this Act.
17 (2) A firm or association that submits an
18 application in writing that all of the members are
19 licensed private security contractors under this Act.
20 (3) A duly incorporated or registered corporation
21 allowed to do business in Illinois that is authorized by
22 its articles of incorporation to engage in the business
23 of conducting a private security contractor agency,
24 provided at least one officer or executive employee is
25 licensed as a private security contractor under this Act
26 and all unlicensed officers and directors of the
27 corporation are determined by the Department to be
28 persons of good moral character.
29 No private security contractor may be the private
30 security contractor in charge for more than one agency except
31 for any individual who, on the effective date of this Act, is
32 currently and actively a licensee for more than one agency.
33 Upon written request by a representative of the agency within
34 10 days after the loss of a licensee in charge of an agency
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1 because of the death of that individual or because of the
2 unanticipated termination of the employment of that
3 individual, the Department shall issue a temporary permit
4 allowing the continuing operation of a previously licensed
5 agency. No temporary permit shall be valid for more than 90
6 days. An extension of an additional 90 days may be granted
7 upon written request by the representative of the agency. No
8 more than 2 extensions may be granted to any agency. No
9 temporary permit shall be issued for the loss of the licensee
10 in charge because of disciplinary action by the Department.
11 (h) Licensed locksmith agency. Upon receipt of the
12 required fee and proof that the applicant is an Illinois
13 licensed locksmith who shall assume full responsibility for
14 the operation of the agency and the directed actions of the
15 agency's employees, which is a continuing requirement for
16 agency licensure, the Department shall issue, without
17 examination, a certificate as a Locksmith Agency to any of
18 the following:
19 (1) An individual who submits an application in
20 writing and who is a licensed locksmith under this Act.
21 (2) A firm or association that submits an
22 application in writing and certifies that all of the
23 members of the firm or association are licensed
24 locksmiths under this Act.
25 (3) A duly incorporated or registered corporation
26 or limited liability company allowed to do business in
27 Illinois that is authorized by its articles of
28 incorporation or organization to engage in the business
29 of conducting a locksmith agency, provided that at least
30 one officer or executive employee of a corporation or one
31 member of a limited liability company is licensed as a
32 locksmith under this Act, and provided that person agrees
33 in writing on a form acceptable to the Department to
34 assume full responsibility for the operation of the
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1 agency and the directed actions of the agency's
2 employees, and further provided that all unlicensed
3 officers and directors of the corporation or members of
4 the limited liability company are determined by the
5 Department to be persons of good moral character.
6 An individual licensed locksmith operating under a
7 business name other than the licensed locksmith's own name
8 shall not be required to obtain a locksmith agency license if
9 that licensed locksmith does not employ any persons to engage
10 in the practice of locksmithing.
11 An applicant for licensure as a locksmith agency shall
12 submit to the Department proof of insurance sufficient for
13 the agency's business circumstances. The Department shall
14 promulgate rules specifying minimum insurance requirements.
15 This insurance requirement is a continuing requirement for
16 licensure.
17 No licensed locksmith may be the licensed locksmith
18 responsible for the operation of more than one agency except
19 for any individual who submits proof to the Department that,
20 on the effective date of this amendatory Act of 1995, he or
21 she is actively responsible for the operations of more than
22 one agency. A licensed private alarm contractor who is
23 responsible for the operation of a licensed private alarm
24 contractor agency and who is a licensed locksmith may also be
25 the licensed locksmith responsible for the operation of a
26 locksmith agency.
27 Upon written request by a representative of an agency
28 within 10 days after the loss of a responsible licensed
29 locksmith of an agency, because of the death of that
30 individual or because of the unanticipated termination of the
31 employment of that individual, the Department shall issue a
32 temporary permit allowing the continuing operation of a
33 previously licensed locksmith agency. No temporary permit
34 shall be valid for more than 90 days. An extension for an
-925- LRB9101253EGfg
1 additional 90 days may be granted by the Department for good
2 cause shown and upon written request by a representative of
3 the agency. No more than 2 extensions may be granted to any
4 agency. No temporary permit shall be issued to any agency
5 due to the loss of the responsible locksmith because of
6 disciplinary action by the Department.
7 (i) Proprietary Security Force. All commercial or
8 industrial operations that employ 5 or more persons as armed
9 security guards and all financial institutions that employ
10 armed security guards shall register their security forces
11 with the Department on forms provided by the Department.
12 All armed security guard employees of the registered
13 proprietary security force shall be required to complete a
14 20-hour basic training course and 20-hour firearm training
15 course in accordance with administrative rules.
16 Each proprietary security force shall be required to
17 apply to the Department, on forms supplied by the Department,
18 for the issuance of a firearm authorization card, in
19 accordance with administrative rules, for each armed employee
20 of the security force.
21 The Department shall prescribe rules for the
22 administration of this Section.
23 (j) Any licensed agency that operates a branch office as
24 defined in this Act shall apply for a branch office license.
25 (Source: P.A. 89-85, eff. 1-1-96; 89-366, eff. 1-1-96;
26 89-626, eff. 8-9-96; 90-436, eff. 1-1-98; 90-580, eff.
27 5-21-98; 90-602, eff. 6-26-98; revised 9-16-98.)
28 (225 ILCS 446/80)
29 Sec. 80. Employee requirements. All employees of a
30 licensed agency, other than those exempted, shall apply for a
31 Permanent Employee Registration Card. The holder of an
32 agency certificate issued under this Act, known in this Act
33 as "employer", may employ in the conduct of his or her
-926- LRB9101253EGfg
1 business employees under the following provisions:
2 (a) No person shall be issued a permanent employee
3 registration card who:
4 (1) Is under 18 years of age.
5 (2) Is under 21 years of age if the services will
6 include being armed.
7 (3) Has been determined by the Department to be
8 unfit by reason of conviction of an offense in this or
9 another state, other than a minor traffic offense. The
10 Department shall promulgate rules for procedures by which
11 those circumstances shall be determined and that afford
12 the applicant due process of law.
13 (4) Has had a license or permanent employee
14 registration card refused, denied, suspended, or revoked
15 under this Act.
16 (5) Has been declared incompetent by any court of
17 competent jurisdiction by reason of mental disease or
18 defect and has not been restored.
19 (6) Has been dishonorably discharged from the armed
20 services of the United States.
21 (b) No person may be employed by a private detective
22 agency, private security contractor agency, or private alarm
23 contractor agency, or locksmith agency under this Section
24 until he or she has executed and furnished to the employer,
25 on forms furnished by the Department, a verified statement to
26 be known as "Employee's Statement" setting forth:
27 (1) The person's full name, age, and residence
28 address.
29 (2) The business or occupation engaged in for the 5
30 years immediately before the date of the execution of the
31 statement, the place where the business or occupation was
32 engaged in, and the names of employers, if any.
33 (3) That the person has not had a license or
34 employee registration refused, revoked, or suspended
-927- LRB9101253EGfg
1 under this Act.
2 (4) Any conviction of a felony or misdemeanor.
3 (5) Any declaration of incompetency by a court of
4 competent jurisdiction that has not been restored.
5 (6) Any dishonorable discharge from the armed
6 services of the United States.
7 (7) Any other information as may be required by any
8 rule of the Department to show the good character,
9 competency, and integrity of the person executing the
10 statement.
11 (c) Each applicant for a permanent employee registration
12 card shall submit to the Department with the applicable fees,
13 on fingerprint cards furnished by the Department, 2 complete
14 sets of fingerprints that are verified to be those of the
15 applicant. If an applicant's fingerprint cards are returned
16 to the Department as unclassifiable by the screening agency,
17 the applicant has 90 days after notification is sent by the
18 Department to submit additional fingerprint cards taken by a
19 different technician to replace the unclassifiable
20 fingerprint cards.
21 The Department shall notify the submitting licensed
22 agency within 10 days if the applicant's fingerprint cards
23 are returned to the Department as unclassifiable. However,
24 instead of submitting fingerprint cards, an individual may
25 submit proof that is satisfactory to the Department that an
26 equivalent security clearance has been conducted. Also, a
27 full-time peace officer or an individual who has retired as a
28 peace officer within 12 months of application may submit
29 verification, on forms provided by the Department and signed
30 by one's employer, of his or her full-time employment as a
31 peace officer. "Peace officer" means any person who by
32 virtue of his or her office or public employment is vested by
33 law with a duty to maintain public order or to make arrests
34 for offenses, whether that duty extends to all offenses or is
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1 limited to specific offenses; officers, agents, or employees
2 of the federal government commissioned by federal statute to
3 make arrests for violations of federal criminal laws are
4 considered peace officers.
5 (d) Upon receipt of the verified fingerprint cards, the
6 Department shall cause the fingerprints to be compared with
7 fingerprints of criminals now or hereafter filed with the
8 Illinois Department of State Police. The Department may also
9 cause the fingerprints to be checked against the fingerprints
10 of criminals now or hereafter filed in the records of other
11 official fingerprint files within or without this State. The
12 Department shall issue a permanent employee registration
13 card, in a form the Department prescribes, to all qualified
14 applicants. The Department shall notify the submitting
15 licensed agency within 10 days upon the issuance of or intent
16 to deny the permanent employee registration card. The holder
17 of a permanent employee registration card shall carry the
18 card at all times while actually engaged in the performance
19 of the duties of his or her employment. Expiration and
20 requirements for renewal of permanent employee registration
21 cards shall be established by rule of the Department.
22 Possession of a permanent employee registration card does not
23 in any way imply that the holder of the card is employed by
24 an agency unless the permanent employee registration card is
25 accompanied by the employee identification card required by
26 subsection (g) of this Section.
27 (e) Within 5 days of the receipt of the application
28 materials, the Department shall institute an investigation
29 for a criminal record by checking the applicant's name with
30 immediately available criminal history information systems.
31 (f) Each employer shall maintain a record of each
32 employee that is accessible to the duly authorized
33 representatives of the Department. The record shall contain
34 the following information:
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1 (1) A photograph taken within 10 days of the date
2 that the employee begins employment with the employer.
3 The photograph shall be replaced with a current
4 photograph every 3 calendar years.
5 (2) The employee's statement specified in
6 subsection (b) of this Section.
7 (3) All correspondence or documents relating to the
8 character and integrity of the employee received by the
9 employer from any official source or law enforcement
10 agency.
11 (4) In the case of former employees, the employee
12 identification card of that person issued under
13 subsection (g) of this Section.
14 (5) Each employee record shall duly note if the employee
15 is employed in an armed capacity. Armed employee files shall
16 contain a copy of an active Firearm Owners Identification
17 Card and a copy of an active Firearm Authorization Card.
18 (6) Each employer shall maintain a record for each armed
19 employee of each instance in which the employee's weapon was
20 discharged during the course of his or her professional
21 duties or activities. The record shall be maintained on
22 forms provided by the Department, a copy of which must be
23 filed with the Department within 15 days of an instance. The
24 record shall include the date and time of the occurrence, the
25 circumstances involved in the occurrence, and any other
26 information as the Department may require. Failure to
27 provide this information to the Department or failure to
28 maintain the record as a part of each armed employee's
29 permanent file is grounds for disciplinary action. The
30 Department, upon receipt of a report, shall have the
31 authority to make any investigation it considers appropriate
32 into any occurrence in which an employee's weapon was
33 discharged and to take disciplinary action as may be
34 appropriate.
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1 (7) The Department may, by rule, prescribe further
2 record requirements.
3 (g) Every employer shall furnish an employee
4 identification card to each of his or her employees. This
5 employee identification card shall contain a recent
6 photograph of the employee, the employee's name, the name and
7 agency certification number of the employer, the employee's
8 personal description, the signature of the employer, the
9 signature of that employee, the date of issuance, and an
10 employee identification card number.
11 (h) No employer may issue an employee identification
12 card to any person who is not employed by the employer in
13 accordance with this Section or falsely state or represent
14 that a person is or has been in his or her employ. It is
15 unlawful for an applicant for registered employment to file
16 with the Department the fingerprints of a person other than
17 himself or herself, or to fail to exercise due diligence in
18 resubmitting replacement fingerprints for those employees who
19 have had original fingerprint submissions returned as
20 unclassifiable.
21 (i) Every employer shall obtain the identification card
22 of every employee who terminates employment with him or her.
23 (j) Every employer shall maintain a separate roster of
24 the names of all employees currently working in an armed
25 capacity and submit the roster to the Department on request.
26 (k) No agency may employ any person under this Act
27 unless:
28 (1) The person possesses a valid permanent employee
29 registration card; or
30 (2) The agency:
31 (i) on behalf of each person completes in its
32 entirety and submits to the Department an
33 application for a permanent employee registration
34 card, including the required fingerprint card and
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1 fees;
2 (ii) exercises due diligence to ensure that
3 the person is qualified under the requirements of
4 the Act to be issued a permanent employee
5 registration card; and
6 (iii) maintains a separate roster of the names
7 of all employees whose applications are currently
8 pending with the Department and submits the roster
9 to the Department on a monthly basis. Rosters are
10 to be maintained by the agency for a period of at
11 least 24 months.
12 (l) Failure by an agency to submit the application,
13 fees, and fingerprints specified in this Section before
14 scheduling the person for work shall result in a fine, in an
15 amount up to $1,000, or other disciplinary action being
16 imposed against the agency. Failure to maintain and submit
17 the specified rosters is grounds for discipline under this
18 Act.
19 (m) No person may be employed under this Section in any
20 capacity if:
21 (i) The person while so employed is being paid by
22 the United States or any political subdivision for the
23 time so employed in addition to any payments he or she
24 may receive from the employer.
25 (ii) The person wears any portion of his or her
26 official uniform, emblem of authority, or equipment while
27 so employed except as provided in Section 30.
28 (n) If information is discovered affecting the
29 registration of a person whose fingerprints were submitted
30 under this Section, the Department shall so notify the agency
31 that submitted the fingerprints on behalf of that person.
32 (Source: P.A. 88-363; 89-366, eff. 1-1-96; revised 10-31-98.)
33 Section 153. The Illinois Public Accounting Act is
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1 amended by changing Section 21 as follows:
2 (225 ILCS 450/21) (from Ch. 111, par. 5527)
3 Sec. 21. Judicial review; cost of record; order as prima
4 facie proof.
5 (a) All final administrative decisions of the Department
6 hereunder shall be subject to judicial review pursuant to the
7 provisions of the Administrative Review Law, and all
8 amendments and modifications thereof, and the rules adopted
9 pursuant thereto. The term "administrative decision" is
10 defined as in Section 3-101 of the Code of Civil Procedure.
11 Such Proceedings for judicial review shall be commenced
12 in the Circuit Court of the county in which the party
13 applying for review resides; provided, that if such party is
14 not a resident of this State, the venue shall be in Sangamon
15 County.
16 (b) The Department shall not be required to certify any
17 record to the court or file any answer in court or otherwise
18 appear in any court in a judicial review proceeding, unless
19 there is filed in the court with the complaint a receipt from
20 the Department acknowledging payment of the costs of
21 furnishing and certifying the record, which costs shall be
22 established by the Department. Exhibits Exhibit shall be
23 certified without cost. Failure on the part of the plaintiff
24 to file such receipt in court shall be grounds for dismissal
25 of the action.
26 (c) An order of disciplinary action or a certified copy
27 thereof, over the seal of the Department and purporting to be
28 signed by the Director, thereof shall be prima facie proof,
29 subject to being rebutted, that:
30 (1) the (a) Such signature is the genuine signature
31 of the Director;
32 (2) the (b) That such Director is duly appointed
33 and qualified; and
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1 (3) (c) That the Committee and the members thereof
2 are qualified to act.
3 (Source: P.A. 83-291; revised 5-6-98.)
4 Section 154. The Real Estate License Act of 1983 is
5 amended by changing Section 18 as follows:
6 (225 ILCS 455/18) (from Ch. 111, par. 5818)
7 Sec. 18. The Office of Banks and Real Estate may refuse
8 to issue or renew a license, may place on probation, suspend
9 or revoke any license, or may reprimand or impose a civil
10 penalty not to exceed $10,000 upon any licensee hereunder for
11 any one or any combination of the following causes:
12 (a) Where the applicant or licensee has, by false or
13 fraudulent representation, obtained or sought to obtain a
14 license.
15 (b) Where the applicant or licensee has been convicted
16 of any crime, an essential element of which is dishonesty or
17 fraud or larceny, embezzlement, obtaining money, property or
18 credit by false pretenses or by means of a confidence game,
19 has been convicted in this or another state of a crime which
20 is a felony under the laws of this State or has been
21 convicted of a felony in a federal court.
22 (c) Where the applicant or licensee has been adjudged to
23 be a person under legal disability or subject to involuntary
24 admission or to meet the standard for judicial admission as
25 provided in the Mental Health and Developmental Disabilities
26 Code, as now or hereafter amended.
27 (d) Where the licensee performs or attempts to perform
28 any act as a broker or salesperson in a retail sales
29 establishment, from an office, desk or space that is not
30 separated from the main retail business by a separate and
31 distinct area within such establishment.
32 (e) Discipline by another state, the District of
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1 Columbia, territory, or foreign nation of a licensee if at
2 least one of the grounds for that discipline is the same as
3 or the equivalent of one of the grounds for discipline set
4 forth in this Act.
5 (f) Where the applicant or licensee has engaged in real
6 estate activity without a license, or after the licensee's
7 license was expired, or while the license was inoperative.
8 (g) Where the applicant or licensee attempts to subvert
9 or cheat on the Real Estate License Exam, or aids and abets
10 an applicant to subvert or cheat on the Real Estate License
11 Exam administered pursuant to this Act.
12 (h) Where the licensee in performing or attempting to
13 perform or pretending to perform any act as a broker or
14 salesperson, or where such licensee, in handling his own
15 property, whether held by deed, option, or otherwise, is
16 found guilty of:
17 1. Making any substantial misrepresentation, or
18 untruthful advertising.;
19 2. Making any false promises of a character likely
20 to influence, persuade, or induce.;
21 3. Pursuing a continued and flagrant course of
22 misrepresentation or the making of false promises through
23 agents, salespersons or advertising or otherwise.;
24 4. Any misleading or untruthful advertising, or
25 using any trade name or insignia of membership in any
26 real estate organization of which the licensee is not a
27 member.;
28 5. Acting for more than one party in a transaction
29 without providing written notice to all parties for whom
30 the licensee acts.;
31 6. Representing or attempting to represent a broker
32 other than the employer.;
33 7. Failure to account for or to remit any moneys or
34 documents coming into their possession which belong to
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1 others.;
2 8. Failure to maintain and deposit in a special
3 account, separate and apart from personal and other
4 business accounts, all escrow monies belonging to others
5 entrusted to a licensee while acting as a real estate
6 broker, escrow agent, or temporary custodian of the funds
7 of others, or failure to maintain all escrow monies on
8 deposit in such account until the transactions are
9 consummated or terminated, except to the extent that such
10 monies, or any part thereof, shall be disbursed prior to
11 the consummation or termination in accordance with (i)
12 the written direction of the principals to the
13 transaction or their duly authorized agents, or (ii)
14 directions providing for the release, payment, or
15 distribution of escrow monies contained in any written
16 contract signed by the principals to the transaction or
17 their duly authorized agents. Such account shall be
18 noninterest bearing, unless the character of the deposit
19 is such that payment of interest thereon is otherwise
20 required by law or unless the principals to the
21 transaction specifically require, in writing, that the
22 deposit be placed in an interest bearing account.;
23 9. Failure to make available to the real estate
24 enforcement personnel of the Office of Banks and Real
25 Estate during normal business hours all escrow records
26 and related documents maintained in connection with the
27 practice of real estate.;
28 10. Failing to furnish copies upon request of all
29 documents relating to a real estate transaction to all
30 parties executing them.;
31 11. Paying a commission or valuable consideration
32 to any person for acts or services performed in violation
33 of this Act.;
34 12. Having demonstrated unworthiness or
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1 incompetency to act as a broker or salesperson in such
2 manner as to endanger the interest of the public.;
3 13. Commingling the money or property of others
4 with his own.;
5 14. Employing any person on a purely temporary or
6 single deal basis as a means of evading the law regarding
7 payment of commission to nonlicensees on some
8 contemplated transactions.;
9 15. Permitting the use of his license as a broker
10 to enable a salesperson or unlicensed person to operate a
11 real estate business without actual participation therein
12 and control thereof by the broker.;
13 16. Any other conduct, whether of the same or a
14 different character from that specified in this Section
15 which constitutes dishonest dealing.;
16 17. Displaying a "for rent" or "for sale" sign on
17 any property without the written consent of an owner or
18 his duly authorized agent, or advertising by any means
19 that any property is for sale or for rent without the
20 written consent of the owner or his authorized agent.;
21 18. Failing to provide information requested by the
22 Office of Banks and Real Estate, within 30 days of the
23 request, either as the result of a formal or informal
24 complaint to the Office of Banks and Real Estate or as a
25 result of a random audit conducted by the Office of Banks
26 and Real Estate, which would indicate a violation of this
27 Act.;
28 19. Disregarding or violating any provision of this
29 Act, or the published rules or regulations promulgated by
30 the Office of Banks and Real Estate to enforce this Act,
31 or aiding or abetting any individual, partnership,
32 limited liability company, or corporation in disregarding
33 any provision of this Act, or the published rules or
34 regulations promulgated by the Office of Banks and Real
-937- LRB9101253EGfg
1 Estate to enforce this Act.;
2 20. Advertising any property for sale or
3 advertising any transaction of any kind or character
4 relating to the sale of property by whatsoever means,
5 without clearly disclosing in or on such advertising one
6 of the following: the name of the firm with which the
7 licensee is associated, if a sole broker, evidence of the
8 broker's occupation, or a name with respect to which the
9 broker has complied with the requirements of the Assumed
10 Business Name Act "An Act in relation to the use of an
11 assumed name in the conduct or transaction of business in
12 this State", approved July 17, 1941, as amended, whether
13 such advertising is done by the broker or by any
14 salesperson or broker employed by the broker.;
15 21. "Offering "guaranteed sales plans" as defined
16 in subparagraph (A), except to the extent hereinafter set
17 forth:
18 (A) A "guaranteed sales plan" is any real
19 estate purchase or sales plan whereby a broker
20 enters into a conditional or unconditional written
21 contract with a seller by the terms of which a
22 broker agrees to purchase a property of the seller
23 within a specified period of time at a specific
24 price in the event the property is not sold in
25 accordance with the terms of a listing contract
26 between the broker and the seller or on other terms
27 acceptable to the seller.;
28 (B) A broker offering a "guaranteed sales
29 plan" shall provide the details and conditions of
30 such plan in writing to the party to whom the plan
31 is offered.;
32 (C) A broker offering a "guaranteed sales
33 plan" shall provide to the party to whom the plan is
34 offered, evidence of sufficient financial resources
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1 to satisfy the commitment to purchase undertaken by
2 the broker in the plan.;
3 (D) Any broker offering a "guaranteed sales
4 plan" shall undertake to market the property of the
5 seller subject to the plan in the same manner in
6 which the broker would market any other property,
7 unless such agreement with the seller provides
8 otherwise.;
9 (E) Any broker who fails to perform on a
10 "guaranteed sales plan" in strict accordance with
11 its terms shall be subject to all the penalties
12 provided in this Act for violations thereof, and, in
13 addition, shall be subject to a civil penalty
14 payable to the party injured by the default in an
15 amount of up to $10,000.
16 22. Influencing or attempting to influence, by any
17 words or acts a prospective seller, purchaser, occupant,
18 landlord or tenant of real estate, in connection with
19 viewing, buying or leasing of real estate, so as to
20 promote, or tend to promote, the continuance or
21 maintenance of racially and religiously segregated
22 housing, or so as to retard, obstruct or discourage
23 racially integrated housing on or in any street, block,
24 neighborhood or community.;
25 23. Engaging in any act which constitutes a
26 violation of Section 3-102, 3-103, 3-104 or 3-105 of the
27 Illinois Human Rights Act, whether or not a complaint has
28 been filed with or adjudicated by the Human Rights
29 Commission.;
30 24. Inducing any party to a contract of sale or
31 listing agreement to break such a contract of sale or
32 listing agreement for the purpose of substituting, in
33 lieu thereof, a new contract for sale or listing
34 agreement with a third party.
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1 25. Negotiating a sale, exchange or lease of real
2 property directly with an owner or lessor without
3 authority from the listing broker if the licensee knows
4 that the owner or lessor has a written exclusive listing
5 agreement covering the property with another broker.
6 26. Where a licensee is also an attorney, acting as
7 the attorney for either the buyer or the seller in the
8 same transaction in which such licensee is acting or has
9 acted as a broker or salesperson.
10 27. Advertising or offering merchandise or services
11 as free if any conditions or obligations necessary for
12 receiving such merchandise or services are not disclosed
13 in the same advertisement or offer. Such conditions or
14 obligations include, but are not limited to, the
15 requirement that the recipient attend a promotional
16 activity or visit a real estate site. As used in this
17 paragraph 27, "free" includes terms such as "award",
18 "prize", "no charge," "free of charge," "without charge"
19 and similar words or phrases which reasonably lead a
20 person to believe that he may receive, or has been
21 selected to receive, something of value, without any
22 conditions or obligations on the part of the recipient.
23 28. Disregarding or violating any provision of the
24 Illinois Real Estate Time-Share Act, enacted by the 84th
25 General Assembly, or the published rules or regulations
26 promulgated by the Office of Banks and Real Estate to
27 enforce that Act.
28 29. A finding that the licensee has violated the
29 terms of the disciplinary order issued by the Office of
30 Banks and Real Estate.
31 30. Paying fees or commissions directly to a
32 licensee employed by another broker.
33 31. Requiring a party to a transaction who is not a
34 client of the licensee, as defined in Article 4, to allow
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1 the licensee to retain a portion of the escrow monies for
2 payment of the licensee's commission or expenses as a
3 condition for release of the escrow monies to that party.
4 (Source: P.A. 89-508, eff. 7-3-96; 90-352, eff. 8-8-97;
5 revised 10-31-98.)
6 Section 155. The Solicitation for Charity Act is amended
7 by changing Section 17 as follows:
8 (225 ILCS 460/17) (from Ch. 23, par. 5117)
9 Sec. 17. In any solicitation to the public for a
10 charitable organization by a professional fund raiser or
11 professional solicitor:
12 (a) The public member shall be promptly informed by
13 statement in verbal communications and by clear and
14 unambiguous disclosure in written materials that the
15 solicitation is being made by a paid professional fund
16 raiser. The fund raiser, solicitor, and materials used shall
17 also provide the professional fund raiser's name and a
18 statement that contracts and reports regarding the charity
19 are on file with the Illinois Attorney General and
20 additionally, in verbal communications, the solicitor's true
21 name must be provided.
22 (b) If the professional fund raiser employs or uses a
23 contract which provides that it will be paid or retain a
24 certain percentage of the gross amount of each contribution
25 or shall be paid an hourly rate for solicitation, or the
26 contract provides the charity will receive a fixed amount or
27 a fixed percentage of each contribution, the professional
28 fund raiser and person soliciting shall disclose to persons
29 being solicited the percentage amount retained or hourly rate
30 paid to the professional fund raiser and solicitor pursuant
31 to the contract, and the amount or the percentage to be
32 received by the charitable organization from each
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1 contribution, if such disclosure is requested by the person
2 solicited.
3 (c) Any person, or professional fund raiser, or
4 professional solicitor soliciting charitable contributions
5 from the public on behalf of a public safety personnel
6 organization shall not misrepresent that he or she is they
7 are in fact a law enforcement person, firefighter, or member
8 of the organization for whom the contributions are being
9 raised, and, if requested by the person solicited, he or she
10 they shall promptly provide his or her their actual name, the
11 exact legal name of the organization with which he or she is
12 they are employed and its correct address, as well as, the
13 exact name of the charitable organization.
14 (Source: P.A. 90-469, eff. 8-17-97; revised 10-31-98.)
15 Section 156. The Weights and Measures Act is amended by
16 changing Section 9 as follows:
17 (225 ILCS 470/9) (from Ch. 147, par. 109)
18 Sec. 9. Calibration of field standards procured by
19 cities. At least once every year, the Director, shall test
20 the standards of weights and measures procured by any city
21 for which appointment of a sealer of weights and measures is
22 provided by this Act.
23 (Source: P.A. 88-600, eff. 9-1-94; revised 10-31-98.)
24 Section 157. The Private Employment Agency Act is
25 amended by changing Section 3 as follows:
26 (225 ILCS 515/3) (from Ch. 111, par. 903)
27 Sec. 3. Records. It shall be the duty of every such
28 licensed person to keep a complete record in the English
29 language, of all orders for employees which are received from
30 prospective employers. Upon request of the Department, a
-942- LRB9101253EGfg
1 licensee shall verify the date when the order was received,
2 the name of the person recording the job order, the name and
3 address of the employer seeking the services of an employee,
4 the name of the person placing the order, the kind of
5 employee requested, the qualifications required in the
6 employee, the salary or wages to be paid if known, and the
7 possible duration of the job. Prior to the placement of any
8 job advertisement, an employment agency must have a current,
9 bona fide job order, and must maintain a copy of both the
10 advertisement and the job order in a register established
11 specially for that purpose. The term "current, bona fide
12 bonafide job order" shall be defined as a job order obtained
13 by the employment agency within 30 days prior to the
14 placement of the advertisement. A job order must be renewed
15 after 45 days and must be annotated with the name of the
16 representative of the prospective employer who authorized the
17 renewal and the date on which the renewal was authorized.
18 Such employment agency shall also keep a complete record
19 in the English language of each applicant to whom employment
20 is offered or promised and who is sent out by the agency to
21 secure a job or interview. This record, which shall be called
22 the Applicant's Record, shall contain the date when the
23 applicant was sent out for the job or interview, the name of
24 the applicant, the name and address of the person or firm to
25 whom sent, the type of job offered and the wages or salary
26 proposed to be paid if known.
27 The agency shall also keep a record of all payments to it
28 of any and all placement fees received and refunded. This
29 record shall be called a Fee Transaction record. It shall
30 contain the date of each transaction, the name of the person
31 making the remittance, the amount paid, a designation
32 indicating whether the amount paid is in full or on account,
33 the receipt number and the date and the amount of any refund.
34 Notwithstanding the provisions of this Act concerning the
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1 records required to be kept by employment agencies, the
2 Director of Labor may by regulation permit teachers'
3 agencies, medical agencies, nurses' registries, theatrical
4 agencies, contract labor agencies, baby sitter agencies and
5 such other agencies of a like nature who serve the needs of a
6 specialized class of workers, to keep such records concerning
7 job orders, listing of placed applicants, listing of
8 available applicants and payments of fees by either the
9 employer or the employee as the Department by regulation may
10 approve.
11 The aforesaid records shall be kept in the agency for one
12 year and shall be open during office hours to inspection by
13 the Department and its duly qualified agents. No such
14 licensee, or his employee, shall knowingly make any false
15 entry in such records.
16 (Source: P.A. 84-1308; revised 10-31-98.)
17 Section 158. The Animal Welfare Act is amended by
18 changing Section 12 as follows:
19 (225 ILCS 605/12) (from Ch. 8, par. 312)
20 Sec. 12. Record of hearing. In accordance with Section
21 10-35 11 of the Illinois Administrative Procedure Act, the
22 Department shall preserve a record of all proceedings at the
23 hearing of any case involving refusal to issue or renew a
24 license, or the suspension or revocation of a license, or the
25 referral of a case for criminal prosecution. The record of
26 any such proceeding consists of the notice of hearing,
27 complaint, and all other documents in the nature of pleadings
28 and written motions filed in the proceedings, the transcript
29 of testimony and the report and orders of the Department.
30 Copies of the transcript of the record may be obtained from
31 the Department in accordance with the Illinois Administrative
32 Procedure Act.
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1 (Source: P.A. 88-457; revised 10-31-98.)
2 Section 159. The Fluorspar and Underground Limestone
3 Mines Act is amended by changing Section 9.02 as follows:
4 (225 ILCS 710/9.02) (from Ch. 96 1/2, par. 4216)
5 Sec. 9.02. For the purpose of ascertaining facts in
6 connection with any inspection, inquiry, or examination, the
7 said inspector, shall have full power to compel the
8 attendance of witnesses by subpoena, to take depositions on
9 the service of proper or usual notice to the mine owner or
10 operator as required in the taking of depositions, to
11 administer oaths, and to examine, cross-examine, and take
12 such testimony as may be deemed necessary for the information
13 of the inspector.
14 The refusal by any person to obey a subpoena issued by
15 the inspector, or the wilful hindrance hinderance or
16 obstruction by any person, of the inspector, in the
17 performance of any of his duties under this Act, shall
18 constitute a Class A misdemeanor and shall be punished as
19 hereinafter provided.
20 Any witness appearing before the inspector in response to
21 a subpoena so issued, who shall knowingly and wilfully
22 testify falsely to any material matter, shall be deemed
23 guilty of perjury and upon conviction as by law provided,
24 shall be punished for perjury.
25 (Source: P.A. 77-2830; revised 2-25-98.)
26 Section 160. The Surface-Mined Land Conservation and
27 Reclamation Act is amended by changing Sections 4.1 and 5 as
28 follows:
29 (225 ILCS 715/4.1) (from Ch. 96 1/2, par. 4505)
30 Sec. 4.1. Surface Mining Advisory Council.
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1 (a) There is created the Surface Mining Advisory Council
2 to consist of 10 members, plus the Director of Natural
3 Resources. Members of the Advisory Council shall be
4 appointed by the Governor, with the advice and consent of the
5 Senate. The members appointed to the Council shall represent
6 the following interests: conservation, agriculture, surface
7 coal mining industry, aggregate mining industry, local
8 government, environmental protection, the colleges and
9 universities, underground mining industry, labor, and the
10 general public. The members shall be knowledgeable
11 concerning the nature of problems of surface mining and
12 surface mining reclamation. The Council shall select from
13 its members a chairperson and such other officers as it deems
14 necessary. The term of membership on the Advisory Council
15 shall be 3 years, except that the Governor may make initial
16 appointment or fill vacancies for lesser terms so that at
17 least 3 memberships expire annually. Members may be
18 reappointed. Vacancies occurring on the Advisory Council
19 shall be filled, as nearly as possible, with a person
20 representing the interest of his or her predecessor on the
21 Advisory Council. Members of the Council shall be reimbursed
22 for ordinary and necessary expenses incurred in the
23 performance of the council's duties. Members of the Council
24 shall, in addition, receive $50 a day for each day spent in
25 the performance of their duties as Advisory Council members.
26 (b) The Advisory Council shall meet at least 3 times in
27 each calendar year on a date specified at least one week in
28 advance of the meeting. A meeting may be called by the
29 Director of the Department of Natural Resources or upon the
30 request of a majority of Advisory Council members.
31 (c) The Council shall act solely as an advisory body to
32 the Director of Natural Resources and to the Land Reclamation
33 Division of the Department of Natural Resources. The
34 recommendations of the Council shall have no binding effect
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1 on the Director of Natural Resources or on the Division of
2 Land Reclamation. The advice, findings and recommendations
3 of the Advisory Council shall be made public in a semi-annual
4 report published by the Department of Natural Resources.
5 (d) The Department shall present proposed changes in
6 rules or regulations related to this Act to the Advisory
7 Council for its comments before putting such proposed changes
8 in rules or regulations into effect, except for circumstances
9 of emergency or other circumstances enumerated in Sections
10 5-45 and 5-50 and subsection (c) of Section 5-35 subsections
11 5(b), (d) and (e) of the Illinois Administrative Procedure
12 Act.
13 (e) The Council shall review the federal Surface Mining
14 Control and Reclamation Act of 1977 (P.L. 95-87) and the
15 question of development and implementation of an approved
16 permanent State program thereunder. The Council shall make
17 its review and written recommendations to the Director of
18 Natural Resources. The Council may seek comment from
19 affected persons and the public prior to making its
20 recommendations.
21 (Source: P.A. 89-445, eff. 2-7-96; revised 10-31-98.)
22 (225 ILCS 715/5) (from Ch. 96 1/2, par. 4506)
23 Sec. 5. Application for permit; bond; fee; permit.
24 (a) Application for a permit shall be made upon a form
25 furnished by the Department, which form shall contain a
26 description of the tract or tracts of land and the estimated
27 number of acres thereof to be affected by surface mining by
28 the applicant to the third succeeding June 30, which
29 description shall include the section, township, range, and
30 county in which the land is located and shall otherwise
31 describe the land with sufficient certainty so that it may be
32 located and distinguished from other lands, and a statement
33 that the applicant has the right and power by legal estate
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1 owned to mine by surface mining and to reclaim the land so
2 described. Such application shall be accompanied by: (i) (a)
3 (b) a fee of $100 for every acre and
5 fraction of an acre of land to be permitted.
6 (b) An operator desiring to have his permit amended to
7 cover additional land may file an amended application with
8 the Department with such additional fee and bond or security
9 as may be required under the provisions of this Act. Such
10 amendment shall comply with all requirements of this Act.
11 (c) An operator may withdraw any land covered by a
12 permit, excepting affected land, by notifying the Department
13 thereof, in which case the penalty of the bond or security
14 filed by such operator pursuant to the provisions of this Act
15 shall be reduced proportionately.
16 (d) Where acreage for which a permit has been in effect
17 is not mined, or where mining operations have not been
18 completed thereon, during the permit period, the permit as to
19 such acreage shall be extended by the Department for another
20 permit period without payment of any additional fee, if not
21 more than 25% of the original permit acreage is involved. A
22 new permit will be required at the regular prescribed fees as
23 stated in this Section for all acreage in excess of 25%.
24 (e) Every application, and every amendment to an
25 application, submitted under this Act shall contain the
26 following, except that the Director may waive the
27 requirements of this subsection (e) for amendments if the
28 affected acreage is similar in nature to the acreage stated
29 in the permit to be amended:
30 1. a statement of the ownership of the land and of
31 the minerals to be mined;
32 2. the minerals to be mined;
33 3. the character and composition of the vegetation
34 and wildlife on lands to be affected;
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1 4. the current and past uses to which the lands to
2 be affected have been put;
3 5. the current assessed valuation of the lands to
4 be affected and the assessed valuation shown by the two
5 quadrennial assessments next preceding the currently
6 effective assessment;
7 6. the nature, depth and proposed disposition of
8 the overburden;
9 7. the estimated depth to which the mineral deposit
10 will be mined;
11 8. the location of existing roads, and anticipated
12 access and haulage roads planned to be used or
13 constructed in conducting surface mining;
14 9. the technique to be used in surface mining;
15 10. the location and names of all streams, creeks,
16 bodies of water and underground water resources within
17 lands to be affected;
18 11. drainage on and away from the lands to be
19 affected including directional flow of water, natural and
20 artificial drainways and waterways, and streams or
21 tributaries receiving the discharge;
22 12. the location of buildings and utility lines
23 within lands to be affected;
24 13. the results of core drillings of consolidated
25 materials in the overburden when required by the
26 Department, provided that the Department may not require
27 core drillings at the applicant's expense in excess of
28 one core drill for every 25 acres of land to be affected;
29 14. a conservation and reclamation plan and map
30 acceptable to the Department. The operator shall
31 designate which parts of the lands to be affected he or
32 she proposes to reclaim for forest, pasture, crop,
33 horticultural, homesite, recreational, industrial or
34 other uses including food, shelter and ground cover for
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1 wildlife and shall show the same by appropriate
2 designation on a reclamation map. The plan shall:
3 (i) provide for timely compliance with all
4 operator duties set forth in Section 6 of this Act
5 by feasible and available means; and:
6 (ii) provide for storage of all overburden and
7 refuse.
8 15. Information respecting the minerals to be mined
9 required by subparagraph (e)2 (2) of this Section, respecting
10 the estimated depth to which the mineral deposit will be
11 mined required by subparagraph (e)7 (7) of this Section, and
12 respecting the results of core drillings required by
13 subparagraph (e)13 (13) of this Section shall be held
14 confidential by the Department upon written request of the
15 applicant.
16 (f) All information required in subsection paragraph (e)
17 of this Section, with the exception of that information which
18 is to be held in confidentiality by the Department shall be
19 made available by the operator for public inspection at the
20 county seat of each county containing land to be affected.
21 The county board of each county containing lands to be
22 affected may propose the use for which such lands within its
23 county are to be reclaimed and such proposal shall be
24 considered by the Department, provided that any such proposal
25 must be consistent with all requirements of this Act.
26 Such plan shall be deposited with the county board no
27 less than 60 days prior to any action on the plan by the
28 Department. All actions by the county board pursuant to this
29 Section must be taken within 45 days of receiving the plan.
30 If requested by a county board of a county to be affected
31 under a proposed permit, a public hearing to be conducted by
32 the Department shall be held in such county on the permit
33 applicant's proposed reclamation plan. By rules and
34 regulations the Department shall establish hearing dates
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1 which provide county boards reasonable time in which to have
2 reviewed the proposed plans and the procedural rules for the
3 calling and conducting of the public hearing. Such
4 procedural rules shall include provisions for reasonable
5 notice to all parties, including the applicant, and
6 reasonable opportunity for all parties to respond by oral or
7 written testimony, or both, to statements and objections made
8 at the public hearing. County boards and the public shall
9 present their recommendations at these hearings. A complete
10 record of the hearings and all testimony shall be made by the
11 Department and recorded stenographically.
12 (g) The Department shall approve a conservation and
13 reclamation plan if, and only if, the plan complies with this
14 Act and completion of the plan will in fact achieve every
15 duty of the operator required by this Act. The Department's
16 approval of a plan shall be based upon the advice of
17 technically trained foresters, agronomists, economists,
18 engineers, planners and other relevant experts having
19 experience in reclaiming surface-mined lands, and having
20 scientific or technical knowledge based upon research into
21 reclaiming and utilizing surface-mined lands. The Department
22 shall consider all testimony presented at the public hearings
23 as provided in subsection subparagraph (f) of this Section.
24 In cases where no public hearing is held on a proposed plan,
25 the Department shall consider written testimony from county
26 boards when submitted no later than 45 days following filing
27 of the proposed plan with the county board. The Department
28 shall immediately serve copies of such written testimony on
29 the applicant and give the applicant a reasonable opportunity
30 to respond by written testimony. The Department shall
31 consider the short and long term impact of the proposed
32 mining on vegetation, wildlife, fish, land use, land values,
33 local tax base, the economy of the region and the State,
34 employment opportunities, air pollution, water pollution,
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1 soil contamination, noise pollution and drainage. The
2 Department shall consider feasible alternative uses for which
3 reclamation might prepare the land to be affected and shall
4 analyze the relative costs and effects of such alternatives.
5 Whenever the Department does not approve the operator's plan,
6 and whenever the plan approved by the Department does not
7 conform to the views of the county board expressed in
8 accordance with subsection subparagraph (f) of this Section,
9 the Department shall issue a statement of its reasons for its
10 determination and shall make such statement public. The
11 approved plan shall be filed by the applicant with the clerk
12 of each county containing lands to be affected and such plan
13 shall be available for public inspection at the office of the
14 clerk until reclamation is completed and the bond is released
15 in accordance with the provisions of the Act.
16 (h) Upon receipt of a bond or security, all fees due
17 from the operator, and approval of the conservation and
18 reclamation plan by the Department, the Department shall
19 issue a permit to the applicant which shall entitle him to
20 engage thereafter in surface mining on the land therein
21 described until the third succeeding June 30, the period for
22 which such permits are issued being hereafter referred to as
23 the "permit period".
24 (Source: P.A. 89-26, eff. 6-23-95; revised 10-31-98.)
25 Section 161. The Surface Coal Mining Land Conservation
26 and Reclamation Act is amended by changing Section 1.03 as
27 follows:
28 (225 ILCS 720/1.03) (from Ch. 96 1/2, par. 7901.03)
29 Sec. 1.03. Definitions.
30 (a) Whenever used or referred to in this Act, unless a
31 different meaning clearly appears from the context:;
32 (1) "Affected land" means:
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1 (A) in the context of surface mining
2 operations, the areas described in Section
3 1.03(a)(24)(B), and
4 (B) in the context of underground mining
5 operations, surface areas on which such operations
6 occur or where such activities disturb the natural
7 land surface.
8 (2) "Approximate original contour" means that
9 surface configuration achieved by backfilling and grading
10 of the mined area so that the reclaimed area, including
11 any terracing or access roads, closely resembles the
12 general surface configuration of the land prior to mining
13 and blends into and compliments the drainage pattern of
14 the surrounding terrain, with all highwalls and spoil
15 piles eliminated.
16 (3) "Article" means an Article of this Act.
17 (4) "Department" means the Department of Natural
18 Resources, or such department, bureau, or commission as
19 may lawfully succeed to the powers and duties of such
20 Department.
21 (5) "Director" means the Director of the Department
22 or such officer, bureau or commission as may lawfully
23 succeed to the powers and duties of such Director.
24 (6) "Federal Act" means the Federal Surface Mining
25 Control and Reclamation Act of 1977 (Public Law 95-87).
26 (7) "Imminent danger to the health and safety of
27 the public" means the existence of any condition or
28 practice, or any violation of a permit or other
29 requirement of this Act in a mining and reclamation
30 operation, which condition, practice, or violation could
31 reasonably be expected to cause substantial physical harm
32 to persons outside the permit area before such condition,
33 practice, or violation can be abated. A reasonable
34 expectation of death or serious injury before abatement
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1 exists if a rational person, subjected to the same
2 conditions or practices giving rise to the peril, would
3 not expose himself to the danger during the time
4 necessary for abatement.
5 (8) (Blank).
6 (9) "Interagency Committee" means the Interagency
7 Committee on Surface Mining Control and Reclamation
8 created by Section 1.05.
9 (9-a) "Lands eligible for remining" means those
10 lands that would otherwise be eligible for expenditures
11 under the Abandoned Mined Lands and Water Reclamation
12 Act.
13 (10) "Mining and reclamation operations" means
14 mining operations and all activities necessary and
15 incident to the reclamation of such operations.
16 (11) "Mining operations" means both surface mining
17 operations and underground mining operations.
18 (12) "Operator" means any person engaged in coal
19 mining, and includes political subdivisions, units of
20 local government and instrumentalities of the State of
21 Illinois, and public utilities.
22 (13) "Permit" means a permit or a revised permit to
23 conduct mining operations and reclamation issued by the
24 Department under this Act.
25 (14) "Permit applicant" or "applicant" means a
26 person applying for a permit.
27 (15) "Permit application" or "application" means an
28 application for a permit under this Act.
29 (16) "Permit area" means the land described in the
30 permit.
31 (17) "Permittee" means a person holding a permit.
32 (18) "Permit term" means the period during which
33 the permittee may engage in mining operations under a
34 permit.
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1 (19) "Person" means an individual, partnership,
2 copartnership, firm, joint venture, company, corporation,
3 association, joint stock company, trust, estate,
4 political subdivision, or any other public or private
5 legal entity, or their legal representative, agent or
6 assigns.
7 (20) "Reclamation" means conditioning areas
8 affected by mining operations to achieve the purposes of
9 this Act.
10 (21) "Reclamation plan" means a plan described in
11 Section 2.03.
12 (22) "Regulations" means regulations promulgated
13 under the Federal Act.
14 (23) "Section" means a section of this Act.
15 (24) "Surface mining operations" means (A)
16 activities conducted on the surface of lands in
17 connection with a surface coal mine or surface
18 operations. Such activities include excavation for the
19 purpose of obtaining coal including such common methods
20 as contour, strip, auger, mountaintop removal, box cut,
21 open pit, and area mining, coal recovery from coal waste
22 disposal areas, the uses of explosives and blasting, and
23 in situ distillation or retorting, leaching or other
24 chemical or physical processing, and the cleaning,
25 concentrating, or other processing or preparation,
26 loading of coal at or near the mine site; and (B) the
27 areas on which such activities occur or where such
28 activities disturb the natural land surface. Such areas
29 include any adjacent land the use of which is incidental
30 to any such activities, all lands affected by the
31 construction of new roads or the improvement or use of
32 existing roads to gain access to the site of such
33 activities and for haulage, and excavations, workings,
34 impoundments, dams, refuse banks, dumps, stockpiles,
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1 overburden piles, spoil banks, culm banks, tailings,
2 holes or depressions, repair areas, storage areas,
3 processing areas, shipping areas and other areas upon
4 which are sited structures, facilities, or other property
5 or materials on the surface, resulting from or incident
6 to such activities.
7 (25) "Toxic conditions" and "toxic materials" mean
8 any conditions and materials that will not support higher
9 forms of plant or animal life in any place in connection
10 with or as a result of the completion of mining
11 operations.
12 (26) "Underground mining operations" means the
13 underground excavation of coal and (A) surface operations
14 incident to the underground extraction of coal, such as
15 construction, use, maintenance, and reclamation of roads,
16 above-ground repair areas, storage areas, processing
17 areas, shipping areas, areas on which are sited support
18 facilities including hoist and ventilation ducts, areas
19 used for the storage and disposal of waste, and areas on
20 which materials incident to underground mining operations
21 are placed, and (B) underground operations incident to
22 underground excavation of coal, such as underground
23 construction, operation, and reclamation of shafts,
24 adits, underground support facilities, in situ
25 processing, and underground mining, hauling, storage, or
26 blasting.
27 (27) "Unwarranted failure to comply" means the
28 failure of a permittee to prevent the occurrence of or to
29 abate any violation of his permit or any requirement of
30 this Act due to indifference, lack of diligence, or lack
31 of reasonable care.
32 (b) The Department shall by rule define other terms used
33 in this Act if necessary or desirable to achieve the purposes
34 of this Act.
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1 (Source: P.A. 89-445, eff. 2-7-96; 90-490, eff. 8-17-97;
2 revised 10-31-98.)
3 Section 162. The Illinois Horse Racing Act of 1975 is
4 amended by changing Section 5 as follows:
5 (230 ILCS 5/5) (from Ch. 8, par. 37-5)
6 Sec. 5. As soon as practicable following the effective
7 date of this amendatory Act of 1995, the Governor shall
8 appoint, with the advice and consent of the Senate, members
9 to the Board as follows: 3 members for terms expiring July 1,
10 1996; 3 members for terms expiring July 1, 1998; and 3
11 members for terms expiring July 1, 2000. Thereafter, the
12 terms of office of the Board members shall be 6 years.
13 Incumbent members on the effective date of this amendatory
14 Act of 1995 shall continue to serve only until their
15 successors are appointed and have qualified.
16 Each member of the Board shall receive $300 per day for
17 each day the Board meets and for each day the member conducts
18 a hearing pursuant to Section 16 of this Act, provided that
19 no Board member shall receive more than $5,000 in such fees
20 during any calendar year, or an amount set by the
21 Compensation Review Board, whichever is greater. Members The
22 member of the Board shall also be reimbursed for all actual
23 and necessary expenses and disbursements incurred in the
24 execution of their official duties.
25 (Source: P.A. 88-495; 89-16, eff. 5-30-95; revised 10-31-98.)
26 Section 163. The Raffles Act is amended by changing
27 Section 5 as follows:
28 (230 ILCS 15/5) (from Ch. 85, par. 2305)
29 Sec. 5. Raffles - manager - bond.) (a) All operation of
30 and the conduct of raffles shall be under the supervision of
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1 a single raffles manager designated by the organization. The
2 manager shall give a fidelity bond in the sum of an amount
3 determined by the licensing authority in favor of the
4 organization conditioned upon his honesty in the performance
5 of his duties. Terms of the bond shall provide that notice
6 shall be given in writing to the licensing authority not less
7 than 30 days prior to its cancellation. The governing body
8 of a local unit of government may waive this bond requirement
9 by including a waiver provision in the license issued to an
10 organization under this Act, provided that a license
11 containing such waiver provision shall be granted only by
12 unanimous vote of the members of the licensed organization.
13 (Source: P.A. 81-1365; revised 10-31-98.)
14 Section 164. The Bingo License and Tax Act is amended by
15 changing Section 5.1 as follows:
16 (230 ILCS 25/5.1) (from Ch. 120, par. 1105.1)
17 Sec. 5.1. The Illinois Administrative Procedure Act is
18 hereby expressly adopted and shall apply to all
19 administrative rules and procedures of the Department of
20 Revenue under this Act, except that (1) paragraph (b) of
21 Section 5-10 of the Illinois Administrative Procedure Act
22 does not apply to final orders, decisions and opinions of the
23 Department, (2) subparagraph (a)(ii) (a)2 of Section 5-10 of
24 the Illinois Administrative Procedure Act does not apply to
25 forms established by the Department for use under this Act,
26 and (3) the provisions of Section 10-45 of the Illinois
27 Administrative Procedure Act regarding proposals for decision
28 are excluded and not applicable to the Department under this
29 Act.
30 (Source: P.A. 88-45; revised 10-31-98.)
31 Section 165. The Charitable Games Act is amended by
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1 changing Section 13 as follows:
2 (230 ILCS 30/13) (from Ch. 120, par. 1133)
3 Sec. 13. The Illinois Administrative Procedure Act shall
4 apply to all administrative rules and procedures of the
5 Department of Revenue under this Act, except that (1)
6 paragraph (b) of Section 5-10 of the Illinois Administrative
7 Procedure Act does not apply to final orders, decisions and
8 opinions of the Department, (2) subparagraph (a)(ii) (a)2 of
9 Section 5-10 of the Illinois Administrative Procedure Act
10 does not apply to forms established by the Department for use
11 under this Act, (3) the provisions of Section 10-45 of the
12 Illinois Administrative Procedure Act regarding proposals for
13 decision are excluded and not applicable to the Department
14 under this Act, and (4) the provisions of subsection (d) of
15 Section 10-65 of the Illinois Administrative Procedure Act do
16 not apply so as to prevent summary suspension of any license
17 pending revocation or other action, which suspension shall
18 remain in effect unless modified by the Department or unless
19 the Department's decision is reversed on the merits in
20 proceedings conducted pursuant to the Administrative Review
21 Law.
22 (Source: P.A. 88-45; 89-626, eff. 8-9-96; revised 10-31-98.)
23 Section 166. The Liquor Control Act of 1934 is amended
24 by changing Sections 1-3, 4-4, 5-1, 5-3, 6-1, 6-11, 7-1,
25 9-12, and 10-8 as follows:
26 (235 ILCS 5/1-3) (from Ch. 43, par. 95)
27 Sec. 1-3. Unless the context otherwise requires, words
28 and phrases are used in this Act in the sense given them in
29 the Sections following this Section and preceding Section 2-1
30 1-3.01 through 1-3.35.
31 (Source: P.A. 88-91; revised 10-31-98.)
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1 (235 ILCS 5/4-4) (from Ch. 43, par. 112)
2 Sec. 4-4. Each local liquor control commissioner shall
3 also have the following powers, functions and duties with
4 respect to licenses, other than licenses to manufacturers,
5 importing distributors, distributors, foreign importers,
6 non-resident dealers, non-beverage users, brokers, railroads,
7 airplanes and boats.
8 1. To grant and or suspend for not more than thirty
9 days or revoke for cause all local licenses issued to
10 persons for premises within his jurisdiction;
11 2. To enter or to authorize any law enforcing
12 officer to enter at any time upon any premises licensed
13 hereunder to determine whether any of the provisions of
14 this Act or any rules or regulations adopted by him or by
15 the State Commission have been or are being violated, and
16 at such time to examine said premises of said licensee in
17 connection therewith;
18 3. To notify the Secretary of State where a club
19 incorporated under the General Not for Profit Corporation
20 Act of 1986 or a foreign corporation functioning as a
21 club in this State under a certificate of authority
22 issued under that Act has violated this Act by selling or
23 offering for sale at retail alcoholic liquors without a
24 retailer's license;
25 4. To receive complaint from any citizen within his
26 jurisdiction that any of the provisions of this Act, or
27 any rules or regulations adopted pursuant hereto, have
28 been or are being violated and to act upon such
29 complaints in the manner hereinafter provided;
30 5. To receive local license fees and pay the same
31 forthwith to the city, village, town or county treasurer
32 as the case may be.
33 In counties and municipalities, the local liquor control
34 commissioners shall also have the power to levy fines in
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1 accordance with Section 7-5 of this Act.
2 (Source: P.A. 84-767; 84-816; revised 10-31-98.)
3 (235 ILCS 5/5-1) (from Ch. 43, par. 115)
4 Sec. 5-1. Licenses issued by the Illinois Liquor Control
5 Commission shall be of the following classes:
6 (a) Manufacturer's license - Class 1. Distiller, Class
7 2. Rectifier, Class 3. Brewer, Class 4. First Class Wine
8 Manufacturer, Class 5. Second Class Wine Manufacturer,
9 Class 6. First Class Winemaker, Class 7. Second Class
10 Winemaker, Class 8. Limited Wine Manufacturer,
11 (b) Distributor's license,
12 (c) Importing Distributor's license,
13 (d) Retailer's license,
14 (e) Special Event Retailer's license (not-for-profit),
15 (f) Railroad license,
16 (g) Boat license,
17 (h) Non-Beverage User's license,
18 (i) Wine-maker's retail license,
19 (j) Airplane license,
20 (k) Foreign importer's license,
21 (l) Broker's license,
22 (m) Non-resident dealer's license,
23 (n) Brew Pub license,
24 (o) Auction liquor license,
25 (p) Caterer retailer license,
26 (q) Special use permit license.
27 Nothing in this provision, nor in any subsequent
28 provision of this Act shall be interpreted as forbidding an
29 individual or firm from concurrently obtaining and holding a
30 Winemaker's and a Wine manufacturer's license.
31 (a) A manufacturer's license shall allow the
32 manufacture, importation in bulk, storage, distribution and
33 sale of alcoholic liquor to persons without the State, as may
-961- LRB9101253EGfg
1 be permitted by law and to licensees in this State as
2 follows:
3 Class 1. A Distiller may make sales and deliveries of
4 alcoholic liquor to distillers, rectifiers, importing
5 distributors, distributors and non-beverage users and to no
6 other licensees.
7 Class 2. A Rectifier, who is not a distiller, as defined
8 herein, may make sales and deliveries of alcoholic liquor to
9 rectifiers, importing distributors, distributors, retailers
10 and non-beverage users and to no other licensees.
11 Class 3. A Brewer may make sales and deliveries of beer
12 to importing distributors, distributors, and to
13 non-licensees, and to retailers provided the brewer obtains
14 an importing distributor's license or distributor's license
15 in accordance with the provisions of this Act.
16 Class 4. A first class wine-manufacturer may make sales
17 and deliveries of between 40,000 and 50,000 gallons of wine
18 to manufacturers, importing distributors and distributors,
19 and to no other licensees.
20 Class 5. A second class Wine manufacturer may make sales
21 and deliveries of more than 50,000 gallons of wine to
22 manufacturers, importing distributors and distributors and to
23 no other licensees.
24 Class 6. A first-class wine-maker's license shall allow
25 the manufacture of less than 20,000 gallons of wine per year,
26 and the storage and sale of such wine to distributors and
27 retailers in the State and to persons without the State, as
28 may be permitted by law.
29 Class 7. A second-class wine-maker's license shall allow
30 the manufacture of up to 50,000 gallons of wine per year, and
31 the storage and sale of such wine to distributors in this
32 State and to persons without the State, as may be permitted
33 by law. A second-class wine-maker's license shall allow the
34 sale of no more than 10,000 gallons of the licensee's wine
-962- LRB9101253EGfg
1 directly to retailers.
2 Class 8. A limited wine-manufacturer may make sales and
3 deliveries not to exceed 40,000 gallons of wine per year to
4 distributors, and to non-licensees in accordance with the
5 provisions of this Act.
6 (a-1) A manufacturer which is licensed in this State to
7 make sales or deliveries of alcoholic liquor and which
8 enlists agents, representatives, or individuals acting on its
9 behalf who contact licensed retailers on a regular and
10 continual basis in this State must register those agents,
11 representatives, or persons acting on its behalf with the
12 State Commission.
13 Registration of agents, representatives, or persons
14 acting on behalf of a manufacturer is fulfilled by submitting
15 a form to the Commission. The form shall be developed by the
16 Commission and shall include the name and address of the
17 applicant, the name and address of the manufacturer he or she
18 represents, the territory or areas assigned to sell to or
19 discuss pricing terms of alcoholic liquor, and any other
20 questions deemed appropriate and necessary. All statements
21 in the forms required to be made by law or by rule shall be
22 deemed material, and any person who knowingly misstates any
23 material fact under oath in an application is guilty of a
24 Class B misdemeanor. Fraud, misrepresentation, false
25 statements, misleading statements, evasions, or suppression
26 of material facts in the securing of a registration are
27 grounds for suspension or revocation of the registration.
28 (b) A distributor's license shall allow the wholesale
29 purchase and storage of alcoholic liquors and sale of
30 alcoholic liquors to licensees in this State and to persons
31 without the State, as may be permitted by law.
32 (c) An importing distributor's license may be issued to
33 and held by those only who are duly licensed distributors,
34 upon the filing of an application by a duly licensed
-963- LRB9101253EGfg
1 distributor, with the Commission and the Commission shall,
2 without the payment of any fee, immediately issue such
3 importing distributor's license to the applicant, which shall
4 allow the importation of alcoholic liquor by the licensee
5 into this State from any point in the United States outside
6 this State, and the purchase of alcoholic liquor in barrels,
7 casks or other bulk containers and the bottling of such
8 alcoholic liquors before resale thereof, but all bottles or
9 containers so filled shall be sealed, labeled, stamped and
10 otherwise made to comply with all provisions, rules and
11 regulations governing manufacturers in the preparation and
12 bottling of alcoholic liquors. The importing distributor's
13 license shall permit such licensee to purchase alcoholic
14 liquor from Illinois licensed non-resident dealers and
15 foreign importers only.
16 (d) A retailer's license shall allow the licensee to
17 sell and offer for sale at retail, only in the premises
18 specified in such license, alcoholic liquor for use or
19 consumption, but not for resale in any form: Provided that
20 any retail license issued to a manufacturer shall only permit
21 such manufacturer to sell beer at retail on the premises
22 actually occupied by such manufacturer.
23 After January 1, 1995 there shall be 2 classes of
24 licenses issued under a retailers license.
25 (1) A "retailers on premise consumption license"
26 shall allow the licensee to sell and offer for sale at
27 retail, only on the premises specified in the license,
28 alcoholic liquor for use or consumption on the premises
29 or on and off the premises, but not for resale in any
30 form.
31 (2) An "off premise sale license" shall allow the
32 licensee to sell, or offer for sale at retail, alcoholic
33 liquor intended only for off premise consumption and not
34 for resale in any form.
-964- LRB9101253EGfg
1 Notwithstanding any other provision of this subsection
2 (d), a retail licensee may sell alcoholic liquors to a
3 special event retailer licensee for resale to the extent
4 permitted under subsection (e).
5 (e) A special event retailer's license (not-for-profit)
6 shall permit the licensee to purchase alcoholic liquors from
7 an Illinois licensed distributor (unless the licensee
8 purchases less than $500 of alcoholic liquors for the special
9 event, in which case the licensee may purchase the alcoholic
10 liquors from a licensed retailer) and shall allow the
11 licensee to sell and offer for sale, at retail, alcoholic
12 liquors for use or consumption, but not for resale in any
13 form and only at the location and on the specific dates
14 designated for the special event in the license. An
15 applicant for a special event retailer license must (i)
16 furnish with the application: (A) a resale number issued
17 under Section 2c of the Retailers' Occupation Tax Act or
18 evidence that the applicant is registered under Section 2a of
19 the Retailers' Occupation Tax Act, (B) a current, valid
20 exemption identification number issued under Section 1g of
21 the Retailers' Occupation Tax Act, and a certification to the
22 Commission that the purchase of alcoholic liquors will be a
23 tax-exempt purchase, or (C) a statement that the applicant is
24 not registered under Section 2a of the Retailers' Occupation
25 Tax Act, does not hold a resale number under Section 2c of
26 the Retailers' Occupation Tax Act, and does not hold an
27 exemption number under Section 1g of the Retailers'
28 Occupation Tax Act, in which event the Commission shall set
29 forth on the special event retailer's license a statement to
30 that effect; (ii) submit with the application proof
31 satisfactory to the State Commission that the applicant will
32 provide dram shop liability insurance in the maximum limits;
33 and (iii) show proof satisfactory to the State Commission
34 that the applicant has obtained local authority approval.
-965- LRB9101253EGfg
1 (f) A railroad license shall permit the licensee to
2 import alcoholic liquors into this State from any point in
3 the United States outside this State and to store such
4 alcoholic liquors in this State; to make wholesale purchases
5 of alcoholic liquors directly from manufacturers, foreign
6 importers, distributors and importing distributors from
7 within or outside this State; and to store such alcoholic
8 liquors in this State; provided that the above powers may be
9 exercised only in connection with the importation, purchase
10 or storage of alcoholic liquors to be sold or dispensed on a
11 club, buffet, lounge or dining car operated on an electric,
12 gas or steam railway in this State; and provided further,
13 that railroad licensees exercising the above powers shall be
14 subject to all provisions of Article VIII of this Act as
15 applied to importing distributors. A railroad license shall
16 also permit the licensee to sell or dispense alcoholic
17 liquors on any club, buffet, lounge or dining car operated on
18 an electric, gas or steam railway regularly operated by a
19 common carrier in this State, but shall not permit the sale
20 for resale of any alcoholic liquors to any licensee within
21 this State. A license shall be obtained for each car in
22 which such sales are made.
23 (g) A boat license shall allow the sale of alcoholic
24 liquor in individual drinks, on any passenger boat regularly
25 operated as a common carrier on navigable waters in this
26 State, which boat maintains a public dining room or
27 restaurant thereon.
28 (h) A non-beverage user's license shall allow the
29 licensee to purchase alcoholic liquor from a licensed
30 manufacturer or importing distributor, without the imposition
31 of any tax upon the business of such licensed manufacturer or
32 importing distributor as to such alcoholic liquor to be used
33 by such licensee solely for the non-beverage purposes set
34 forth in subsection (a) of Section 8-1 of this Act, and such
-966- LRB9101253EGfg
1 licenses shall be divided and classified and shall permit the
2 purchase, possession and use of limited and stated quantities
3 of alcoholic liquor as follows:
4 Class 1, not to exceed ....................... 500 gallons
5 Class 2, not to exceed ....................... 1,000 gallons
6 Class 3, not to exceed ....................... 5,000 gallons
7 Class 4, not to exceed ....................... 10,000 gallons
8 Class 5, not to exceed ....................... 50,000 gallons
9 (i) A wine-maker's retail license shall allow the
10 licensee to sell and offer for sale at retail in the premises
11 specified in such license not more than 50,000 gallons of
12 wine per year for use or consumption, but not for resale in
13 any form; this license shall be issued only to a person
14 licensed as a first-class or second-class wine-maker. A
15 wine-maker's retail licensee, upon receiving permission from
16 the Commission, may conduct business at a second location
17 that is separate from the location specified in its
18 wine-maker's retail license. One wine-maker's retail
19 license-second location may be issued to a wine-maker's
20 retail licensee allowing the licensee to sell and offer for
21 sale at retail in the premises specified in the wine-maker's
22 retail license-second location up to 50,000 gallons of wine
23 that was produced at the licensee's first location per year
24 for use and consumption and not for resale.
25 (j) An airplane license shall permit the licensee to
26 import alcoholic liquors into this State from any point in
27 the United States outside this State and to store such
28 alcoholic liquors in this State; to make wholesale purchases
29 of alcoholic liquors directly from manufacturers, foreign
30 importers, distributors and importing distributors from
31 within or outside this State; and to store such alcoholic
32 liquors in this State; provided that the above powers may be
33 exercised only in connection with the importation, purchase
34 or storage of alcoholic liquors to be sold or dispensed on an
-967- LRB9101253EGfg
1 airplane; and provided further, that airplane licensees
2 exercising the above powers shall be subject to all
3 provisions of Article VIII of this Act as applied to
4 importing distributors. An airplane licensee shall also
5 permit the sale or dispensing of alcoholic liquors on any
6 passenger airplane regularly operated by a common carrier in
7 this State, but shall not permit the sale for resale of any
8 alcoholic liquors to any licensee within this State. A
9 single airplane license shall be required of an airline
10 company if liquor service is provided on board aircraft in
11 this State. The annual fee for such license shall be as
12 determined in Section 5-3.
13 (k) A foreign importer's license shall permit such
14 licensee to purchase alcoholic liquor from Illinois licensed
15 non-resident dealers only, and to import alcoholic liquor
16 other than in bulk from any point outside the United States
17 and to sell such alcoholic liquor to Illinois licensed
18 importing distributors and to no one else in Illinois.
19 (l) (i) A broker's license shall be required of all
20 persons who solicit orders for, offer to sell or offer to
21 supply alcoholic liquor to retailers in the State of
22 Illinois, or who offer to retailers to ship or cause to be
23 shipped or to make contact with distillers, rectifiers,
24 brewers or manufacturers or any other party within or without
25 the State of Illinois in order that alcoholic liquors be
26 shipped to a distributor, importing distributor or foreign
27 importer, whether such solicitation or offer is consummated
28 within or without the State of Illinois.
29 No holder of a retailer's license issued by the Illinois
30 Liquor Control Commission shall purchase or receive any
31 alcoholic liquor, the order for which was solicited or
32 offered for sale to such retailer by a broker unless the
33 broker is the holder of a valid broker's license.
34 The broker shall, upon the acceptance by a retailer of
-968- LRB9101253EGfg
1 the broker's solicitation of an order or offer to sell or
2 supply or deliver or have delivered alcoholic liquors,
3 promptly forward to the Illinois Liquor Control Commission a
4 notification of said transaction in such form as the
5 Commission may by regulations prescribe.
6 (ii) A broker's license shall be required of a person
7 within this State, other than a retail licensee, who, for a
8 fee or commission, promotes, solicits, or accepts orders for
9 alcoholic liquor, for use or consumption and not for resale,
10 to be shipped from this State and delivered to residents
11 outside of this State by an express company, common carrier,
12 or contract carrier. This Section does not apply to any
13 person who promotes, solicits, or accepts orders for wine as
14 specifically authorized in Section 6-29 of this Act.
15 A broker's license under this subsection (1) shall not
16 entitle the holder to buy or sell any alcoholic liquors for
17 his own account or to take or deliver title to such alcoholic
18 liquors.
19 This subsection (1) shall not apply to distributors,
20 employees of distributors, or employees of a manufacturer who
21 has registered the trademark, brand or name of the alcoholic
22 liquor pursuant to Section 6-9 of this Act, and who regularly
23 sells such alcoholic liquor in the State of Illinois only to
24 its registrants thereunder.
25 Any agent, representative, or person subject to
26 registration pursuant to subsection (a-1) of this Section
27 shall not be eligible to receive a broker's license.
28 (m) A non-resident dealer's license shall permit such
29 licensee to ship into and warehouse alcoholic liquor into
30 this State from any point outside of this State, and to sell
31 such alcoholic liquor to Illinois licensed foreign importers
32 and importing distributors and to no one else in this State;
33 provided that said non-resident dealer shall register with
34 the Illinois Liquor Control Commission each and every brand
-969- LRB9101253EGfg
1 of alcoholic liquor which it proposes to sell to Illinois
2 licensees during the license period; and further provided
3 that it shall comply with all of the provisions of Section
4 6-9 hereof with respect to registration of such Illinois
5 licensees as may be granted the right to sell such brands at
6 wholesale.
7 (n) A brew pub license shall allow the licensee to
8 manufacture beer only on the premises specified in the
9 license, to make sales of the beer manufactured on the
10 premises to importing distributors, distributors, and to
11 non-licensees for use and consumption, to store the beer upon
12 the premises, and to sell and offer for sale at retail from
13 the licensed premises, provided that a brew pub licensee
14 shall not sell for off-premises consumption more than 50,000
15 gallons per year.
16 (o) A caterer retailer license shall allow the holder to
17 serve alcoholic liquors as an incidental part of a food
18 service that serves prepared meals which excludes the serving
19 of snacks as the primary meal, either on or off-site whether
20 licensed or unlicensed.
21 (p) An auction liquor license shall allow the licensee
22 to sell and offer for sale at auction wine and spirits for
23 use or consumption, or for resale by an Illinois liquor
24 licensee in accordance with provisions of this Act. An
25 auction liquor license will be issued to a person and it will
26 permit the auction liquor licensee to hold the auction
27 anywhere in the State. An auction liquor license must be
28 obtained for each auction at least 14 days in advance of the
29 auction date.
30 (q) A special use permit license shall allow an Illinois
31 licensed retailer to transfer a portion of its alcoholic
32 liquor inventory from its retail licensed premises to the
33 premises specified in the license hereby created, and to sell
34 or offer for sale at retail, only in the premises specified
-970- LRB9101253EGfg
1 in the license hereby created, the transferred alcoholic
2 liquor for use or consumption, but not for resale in any
3 form. A special use permit license may be granted for the
4 following time periods: one day or less; 2 or more days to a
5 maximum of 15 days per location in any 12 month period. An
6 applicant for the special use permit license must also submit
7 with the application proof satisfactory to the State
8 Commission that the applicant will provide dram shop
9 liability insurance to the maximum limits and have local
10 authority approval.
11 (Source: P.A. 89-45, eff. 6-23-95; 89-218, eff. 1-1-96;
12 89-626, eff. 8-9-96; 90-77, eff. 7-8-97; 90-432, eff. 1-1-98;
13 90-596, eff. 6-24-98; 90-655, eff. 7-30-98; 90-739, eff.
14 8-13-98; revised 9-16-98.)
15 (235 ILCS 5/5-3) (from Ch. 43, par. 118)
16 Sec. 5-3. License fees. Except as otherwise provided
17 herein, at the time application is made to the State
18 Commission for a license of any class, the applicant shall
19 pay to the State Commission the fee hereinafter provided for
20 the kind of license applied for.
21 The fee for licenses issued by the State Commission shall
22 be as follows:
23 For a manufacturer's license:
24 Class 1. Distiller ........................... $3,600
25 Class 2. Rectifier ........................... 3,600
26 Class 3. Brewer .............................. 900
27 Class 4. First-class Wine Manufacturer ....... 600
28 Class 5. Second-class Second
29 Class Wine Manufacturer ................. 1,200
30 Class 6. First-class wine-maker .............. 240
31 Class 7. Second-class wine-maker ............. 480
32 Class 8. Limited Wine Manufacturer........... 120
33 For a Brew Pub License ....................... 1,050
-971- LRB9101253EGfg
1 For a caterer retailer's license.............. 200
2 For a foreign importer's license ............. 25
3 For an importing distributor's license ....... 25
4 For a distributor's license .................. 270
5 For a non-resident dealer's license
6 (500,000 gallons or over) ............... 270
7 For a non-resident dealer's license
8 (under 500,000 gallons) ................. 90
9 For a wine-maker's retail license ............ 100
10 For a wine-maker's retail license,
11 second location ......................... 350
12 For a retailer's license ..................... 175
13 For a special event retailer's license,
14 (not-for-profit) ........................ 25
15 For a special use permit license,
16 one day only ............................ 50
17 2 days or more .......................... 100
18 For a railroad license ....................... 60
19 For a boat license ........................... 180
20 For an airplane license, 60 times the
21 licensee's maximum number of aircraft
22 in flight, serving liquor over the
23 State at any given time, which either
24 originate, terminate, or make
25 originates, terminates or makes
26 an intermediate stop in the State ....... 60
27 For a non-beverage user's license:
28 Class 1 ................................. 24
29 Class 2 ................................. 60
30 Class 3 ................................. 120
31 Class 4 ................................. 240
32 Class 5 ................................. 600
33 For a broker's license ....................... 600
34 For an auction liquor license ................ 50
-972- LRB9101253EGfg
1 Fees collected under this Section shall be paid into the
2 Dram Shop Fund. Beginning June 30, 1990 and on June 30 of
3 each subsequent year, any balance over $5,000,000 remaining
4 in the Dram Shop Fund shall be credited to State liquor
5 licensees and applied against their fees for State liquor
6 licenses for the following year. The amount credited to each
7 licensee shall be a proportion of the balance in the Dram
8 Fund that is the same as the proportion of the license fee
9 paid by the licensee under this Section for the period in
10 which the balance was accumulated to the aggregate fees paid
11 by all licensees during that period.
12 No fee shall be paid for licenses issued by the State
13 Commission to the following non-beverage users:
14 (a) Hospitals, sanitariums, or clinics when their
15 use of alcoholic liquor is exclusively medicinal,
16 mechanical or scientific.
17 (b) Universities, colleges of learning or schools
18 when their use of alcoholic liquor is exclusively
19 medicinal, mechanical or scientific.
20 (c) Laboratories when their use is exclusively for
21 the purpose of scientific research.
22 The funds received from the $50 increase in the
23 retailer's license fee imposed by P.A. 86-983 shall be
24 deposited in the Youth Alcoholism and Substance Abuse
25 Prevention Fund.
26 (Source: P.A. 89-250, eff. 1-1-96; 90-77, eff. 7-8-97;
27 revised 10-31-98.)
28 (235 ILCS 5/6-1) (from Ch. 43, par. 119)
29 Sec. 6-1. Privilege granted by license; nature as to
30 property; transferability transfer ability; tax
31 delinquencies. A license shall be purely a personal
32 privilege, good for not to exceed one year after issuance,
33 except a non-beverage user's license, unless sooner revoked
-973- LRB9101253EGfg
1 as in this Act provided, and shall not constitute property,
2 nor shall it be subject to attachment, garnishment or
3 execution, nor shall it be alienable or transferable,
4 voluntarily or involuntarily, or subject to being encumbered
5 or hypothecated. Such license shall not descend by the laws
6 of testate or intestate devolution, but it shall cease upon
7 the death of the licensee, provided that executors or
8 administrators of the estate of any deceased licensee, and
9 the trustee of any insolvent or bankrupt licensee, when such
10 estate consists in part of alcoholic liquor, may continue the
11 business of the sale or manufacture of alcoholic liquor under
12 order of the appropriate court, and may exercise the
13 privileges of the deceased or insolvent or bankrupt licensee
14 after the death of such decedent, or such insolvency or
15 bankruptcy until the expiration of such license but not
16 longer than six months after the death, bankruptcy or
17 insolvency of such licensee. Except in the case of a
18 non-beverage user's license, a refund shall be made of that
19 portion of the license fees paid for any period in which the
20 licensee shall be prevented from operating under such license
21 in accordance with the provisions of this paragraph.
22 Any licensee may renew his license at the expiration
23 thereof, provided he is then qualified to receive a license
24 and the premises for which such renewal license is sought are
25 suitable for such purpose; and provided further that the
26 renewal privilege herein provided for shall not be construed
27 as a vested right which shall in any case prevent the city
28 council or village president and board of trustees or county
29 board, as the case may be, from decreasing the number of
30 licenses to be issued within its jurisdiction. No retailer's
31 license shall be renewed if the Department of Revenue has
32 reported to the Illinois Liquor Control Commission that such
33 retailer is delinquent in filing any required tax returns or
34 paying any amounts owed to the State of Illinois until the
-974- LRB9101253EGfg
1 applicant is issued a certificate by the Department of
2 Revenue stating that all delinquent returns or amounts owed
3 have been paid by guaranteed remittance or the payment
4 agreement to pay all amounts owed has been accepted by the
5 Department. No retailer's license issued by a local liquor
6 control commissioner shall be renewed unless the applicant
7 provides documentation that any tax owed to (i) the
8 municipality in which the applicant is located (in the case
9 of a license issued by the mayor or president of the board of
10 trustees of a city, village or incorporated town acting as
11 local liquor control commissioner) or (ii) the county in
12 which the applicant is located (in the case of a license
13 issued by the president or chairman of a county board acting
14 as local liquor control commissioner) by the applicant has
15 been satisfied by payment in the form of a cashier's check,
16 certified check, money order, or cash.
17 A negotiable instrument received as payment for a license
18 fee, transfer fee, late fee, offer in compromise,
19 pre-disciplinary conference settlement, or fine imposed by
20 order that is dishonored on presentation shall not be
21 considered payment and shall be cause for disciplinary
22 action.
23 (Source: P.A. 89-250, eff. 1-1-96; revised 10-31-98.)
24 (235 ILCS 5/6-11) (from Ch. 43, par. 127)
25 Sec. 6-11. No license shall be issued for the sale at
26 retail of any alcoholic liquor within 100 feet of any church,
27 school other than an institution of higher learning,
28 hospital, home for aged or indigent persons or for veterans,
29 their spouses or children or any military or naval station,
30 provided, that this prohibition shall not apply to hotels
31 offering restaurant service, regularly organized clubs, or to
32 restaurants, food shops or other places where sale of
33 alcoholic liquors is not the principal business carried on if
-975- LRB9101253EGfg
1 the place of business so exempted is not located in a
2 municipality of more than 500,000 persons, unless required by
3 local ordinance; nor to the renewal of a license for the sale
4 at retail of alcoholic liquor on premises within 100 feet of
5 any church or school where the church or school has been
6 established within such 100 feet since the issuance of the
7 original license. In the case of a church, the distance of
8 100 feet shall be measured to the nearest part of any
9 building used for worship services or educational programs
10 and not to property boundaries.
11 Nothing in this Section shall prohibit the issuance of a
12 retail license authorizing the sale of alcoholic liquor to a
13 restaurant, the primary business of which is the sale of
14 goods baked on the premises if (i) the restaurant is newly
15 constructed and located on a lot of not less than 10,000
16 square feet, (ii) the restaurant costs at least $1,000,000 to
17 construct, (iii) the licensee is the titleholder to the
18 premises and resides on the premises, and (iv) the
19 construction of the restaurant is completed within 18 months
20 of the effective date of this amendatory Act of 1998.
21 In the interest of further developing Illinois' economy
22 in the area of tourism, convention, and banquet business,
23 nothing in this Section shall prohibit issuance of a retail
24 license authorizing the sale of alcoholic beverages to a
25 restaurant, banquet facility, or hotel having not fewer than
26 150 guest room accommodations located in a municipality of
27 more than 500,000 persons, notwithstanding the proximity of
28 such hotel, restaurant, or banquet facility to any church or
29 school, if the licensed premises described on the license are
30 located within an enclosed mall or building of a height of at
31 least 6 stories, or 60 feet in the case of a building that
32 has been registered as a national landmark, and in either
33 case if the sale of alcoholic liquors is not the principal
34 business carried on by the licensee license.
-976- LRB9101253EGfg
1 For purposes of this Section, a "banquet facility" is any
2 part of a building that caters to private parties and where
3 the sale of alcoholic liquors is not the principal business.
4 Nothing in this Section shall prohibit the issuance of a
5 license to a church or private school to sell at retail
6 alcoholic liquor if any such sales are limited to periods
7 when groups are assembled on the premises solely for the
8 promotion of some common object other than the sale or
9 consumption of alcoholic liquors.
10 Nothing in this Section shall prohibit a church or church
11 affiliated school located in a municipality with 75,000 or
12 more inhabitants from locating within 100 feet of a property
13 for which there is a preexisting license to sell alcoholic
14 liquor at retail. In these instances, the local zoning
15 authority may, by ordinance adopted simultaneously with the
16 granting of an initial special use zoning permit for the
17 church or church affiliated school, provide that the 100-foot
18 restriction in this Section shall not apply to that church or
19 church affiliated school and future retail liquor licenses.
20 (Source: P.A. 89-308, eff. 1-1-96; 89-709, eff. 2-14-97;
21 90-617, eff. 7-10-98; 90-655, eff. 7-30-98; revised
22 10-31-98.)
23 (235 ILCS 5/7-1) (from Ch. 43, par. 145)
24 Sec. 7-1. An applicant for a retail license from the
25 State Commission shall submit to the State Commission an
26 application in writing under oath stating:
27 (1) The applicant's name and mailing address;
28 (2) The name and address of the applicant's
29 business;
30 (3) If applicable, the date of the filing of the
31 "assumed name" of the business with the County Clerk;
32 (4) In case of a copartnership, the date of the
33 formation of the partnership; in the case of an Illinois
-977- LRB9101253EGfg
1 corporation, the date of its incorporation; or in the
2 case of a foreign corporation, the State where it was
3 incorporated and the date of its becoming qualified under
4 the Business Corporation Act of 1983 to transact business
5 in the State of Illinois;
6 (5) The number, the date of issuance and the date
7 of expiration of the applicant's current local retail
8 liquor license;
9 (6) The name of the city, village, or county that
10 issued the local retail liquor license;
11 (7) The name and address of the landlord if the
12 premises are leased;
13 (8) The date of the applicant's first request for a
14 State liquor license and whether it was granted, denied
15 or withdrawn;
16 (9) The address of the applicant when the first
17 application for a State liquor license was made;
18 (10) The applicant's current State liquor license
19 number;
20 (11) The date the applicant began liquor sales at
21 his place of business;
22 (12) The address of the applicant's warehouse if he
23 warehouses liquor;
24 (13) The applicant's Retailer's Occupation Tax
25 (ROT) Registration Number;
26 (14) The applicant's document locater number on his
27 Federal Special Tax Stamp;
28 (15) Whether the applicant is delinquent in the
29 payment of the Retailer's Occupational Tax (Sales Tax),
30 and if so, the reasons therefor;
31 (16) Whether the applicant is delinquent under the
32 cash beer law, and if so, the reasons therefor;
33 (17) In the case of a retailer, whether he is
34 delinquent under the 30 day credit law, and if so, the
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1 reasons therefor;
2 (18) In the case of a distributor, whether he is
3 delinquent under the 15 day credit law, and if so, the
4 reasons therefor;
5 (19) Whether the applicant has made an application
6 for a liquor license which has been denied, and if so,
7 the reasons therefor;
8 (20) Whether the applicant has ever had any
9 previous liquor license suspended or revoked, and if so,
10 the reasons therefor;
11 (21) Whether the applicant has ever been convicted
12 of a gambling offense or felony, and if so, the
13 particulars thereof;
14 (22) Whether the applicant possesses a current
15 Federal Wagering Stamp, and if so, the reasons therefor;
16 (23) Whether the applicant, or any other person,
17 directly in his place of business is a public official,
18 and if so, the particulars thereof;
19 (24) The applicant's name, sex, date of birth,
20 social security number, position and percentage of
21 ownership in the business; and the name, sex, date of
22 birth, social security number, position and percentage of
23 ownership in the business of every sole owner, partner,
24 corporate officer, director, manager and any person who
25 owns 5% or more of the shares of the applicant business
26 entity or parent corporations of the applicant business
27 entity; and.
28 (25) That he has not received or borrowed money or
29 anything else of value, and that he will not receive or
30 borrow money or anything else of value (other than
31 merchandising credit in the ordinary course of business
32 for a period not to exceed 90 days as herein expressly
33 permitted under Section 6-5 hereof), directly or
34 indirectly, from any manufacturer, importing distributor
-979- LRB9101253EGfg
1 or distributor or from any representative of any such
2 manufacturer, importing distributor or distributor, nor
3 be a party in any way, directly or indirectly, to any
4 violation by a manufacturer, distributor or importing
5 distributor of Section 6-6 of this Act.
6 In addition to any other requirement of this Section, an
7 applicant for a special use permit license and a special
8 event retailer's license shall also submit (A) proof
9 satisfactory to the Commission that the applicant has a
10 resale number issued under Section 2c of the Retailer's
11 Occupation Tax Act or that the applicant is registered under
12 Section 2a of the Retailer's Occupation Tax Act, (B) proof
13 satisfactory to the Commission that the applicant has a
14 current, valid exemption identification number issued under
15 Section 1g of the Retailers' Occupation Tax Act and a
16 certification to the Commission that the purchase of
17 alcoholic liquors will be a tax-exempt purchase, or (C) a
18 statement that the applicant is not registered under Section
19 2a of the Retailers' Occupation Tax Act, does not hold a
20 resale number under Section 2c of the Retailers' Occupation
21 Tax Act, and does not hold an exemption number under Section
22 1g of the Retailers' Occupation Tax Act. The applicant shall
23 also submit proof of adequate dram shop insurance for the
24 special event prior to being issued a license.
25 In addition to the foregoing information, such
26 application shall contain such other and further information
27 as the State Commission and the local commission may, by rule
28 or regulation not inconsistent with law, prescribe.
29 If the applicant reports a felony conviction as required
30 under paragraph (21) of this Section, such conviction may be
31 considered by the Commission in determining qualifications
32 for licensing, but shall not operate as a bar to licensing.
33 If said application is made in behalf of a partnership,
34 firm, association, club or corporation, then the same shall
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1 be signed by one member of such partnership or the president
2 or secretary of such corporation or an authorized agent of
3 said partnership or corporation.
4 All other applications shall be on forms prescribed by
5 the State Commission, and which may exclude any of the above
6 requirements which the State Commission rules to be
7 inapplicable.
8 (Source: P.A. 89-250, eff. 1-1-96; 90-596, eff. 6-24-98;
9 revised 10-31-98.)
10 (235 ILCS 5/9-12) (from Ch. 43, par. 175.1)
11 Sec. 9-12. Within 10 days after the filing of any
12 petition under this Article, the official with whom the
13 petition is filed shall prepare, in quintuplicate, the report
14 hereinafter prescribed. One copy shall be kept on file in
15 the official's office, and he shall, by registered mail, send
16 two copies to the Secretary of State, one copy to the county
17 clerk and one copy to the person who filed the petition.
18 The official shall make such report substantially in the
19 following form:
20 Report of filing of petition for local option election to
21 be held on .... in .... (name of precinct, etc.).
22 Date of filing ....
23 By whom filed ....
24 Number of signers ....
25 Proposal(s) to be voted upon ....
26 .... (Official)
27 Immediately upon completion of the canvass of any local
28 option election, the official shall prepare, in
29 quadruplicate, a report of the election result as hereinafter
30 prescribed and shall keep one copy on file in his office and,
31 within 10 days after the canvass, shall, by registered mail,
32 send two copies to the Secretary of State and one copy to the
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1 county clerk. The report shall be substantially as follows:
2 Report of local option election held on .... in ....
3 (name of precinct, etc.) upon the following proposal(s) ....
4 Number voting "YES" ....
5 Number voting "NO" ....
6 .... (Official)
7 The official shall sign each copy of every report
8 required by this Section.,
9 The Secretary of State and the county clerk shall keep on
10 file in their offices, available for inspection, any report
11 received by him pursuant to this Section.
12 (Source: P.A. 82-783; revised 10-31-98.)
13 (235 ILCS 5/10-8) (from Ch. 43, par. 190)
14 Sec. 10-8. Whenever complaint is made in writing,
15 verified by affidavit, to any judge of the circuit court,
16 that complainant has just and reasonable grounds to believe
17 and does believe that alcoholic liquor is manufactured,
18 possessed, kept for sale, used or transported, in violation
19 of this Act, or any mash, still or other property designed
20 for the manufacture of alcoholic liquor is possessed in any
21 premises which are not licensed hereunder, (particularly
22 describing and designating such property in the complaint),
23 the judge may issue a search warrant as hereinafter provided;
24 provided, however, no search warrant shall be necessary for
25 the inspection or search of any premises licensed under this
26 Act, and provided, further, that no search warrant shall be
27 issued for the search of premises in use for residence
28 purposes. The property seized on any such warrant shall not
29 be taken from the officer seizing the same on any order of
30 replevin or other like process.
31 Each complaint shall be substantially in the following
32 form:
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1 State of Illinois,)
2 ) ss.
3 County of Cook. )
4 Complaint for Search Warrant.
5 The complaint and affidavit of .... (name of
6 complainant), of .... (his residence), made before .... (name
7 of officer) one of the .... (official title of officer), in
8 and for the .... (county, city or village, as the case may
9 be), on (insert date), this .... day of .... 19.., being
10 first duly sworn, upon his oath says: That he has just and
11 reasonable grounds to believe, and does believe that
12 alcoholic liquor is now unlawfully (manufactured, possessed,
13 used, disposed of or kept for sale, or any mash, still or
14 other property designed for the illegal manufacture of
15 alcoholic liquor is possessed therein, as the case may be),
16 to-wit: At and within a certain .... (here describe the
17 house, building, premises, boat, vehicle, receptacle or other
18 place to be searched, with particulars as to the location
19 sufficiently to identify it, stating the name of the person
20 occupying the same, if known), in the .... (city, village or
21 town of) ...., in the county and state set out above; that
22 the following are the reasons for his or her belief, to-wit
23 .... (here insert the facts upon which such belief is based).
24 Wherefore complainant prays that a search warrant may issue
25 according to law.
26 ...........................
27 (Signature of complainant.)
28 Subscribed and Sworn to before me on (insert date). this
29 .... day of .... 19...
30 ............................
31 (Name of officer.)
32 ............................
33 (Official title of officer.)
34 (Source: P.A. 83-346; revised 10-20-98.)
-983- LRB9101253EGfg
1 Section 167. The Safety Deposit License Act is amended
2 by changing Sections 1 and 4 as follows:
3 (240 ILCS 5/1) (from Ch. 17, par. 1451)
4 Sec. 1. For the purposes of this Act:;
5 "Person" means any individual, firm, corporation,
6 association, trust or other association of individuals.
7 "Director" means the Director of the Department of
8 Financial Institutions of the State of Illinois.
9 (Source: Laws 1967, p. 1668; revised 10-31-98.)
10 (240 ILCS 5/4) (from Ch. 17, par. 1454)
11 Sec. 4. Application for a license shall be made to the
12 Director upon a form furnished by him.
13 The application shall contain the following information
14 and the information required by Sections 5 to 10, inclusive,
15 which shall be sworn to and notarized:;
16 1. The name under which applicant will conduct his
17 business.
18 2. Identity of applicant, whether corporation, general
19 partnership, limited or special partnership, common law or
20 business trust, or a sole proprietorship.
21 3. Date of organization of business.
22 4. Address at which the business will be conducted if
23 licensed.
24 5. Full name and address of owners and holders of title
25 to premises in which business is to be conducted.
26 6. If applicant is a successor to the business for which
27 license is being applied for, the names and addresses of
28 predecessors and the date the business was acquired by the
29 applicant.
30 7. Whether the applicant or any persons interested in or
31 associated with the applicant are interested either directly
32 or indirectly in the same or a similar business as that of
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1 the applicant at any place or location other than the one
2 located at the address stated for which a license is
3 requested. If such relationship exists, the names and
4 addresses of the other persons.
5 8. Information as to any other license, either local,
6 county, state or federal, that applicant now holds in
7 connection with the operation or conduct of the business for
8 which application is now being made for license.
9 9. Detailed description of kind, number and character of
10 boxes, safes or other facilities to be offered or used for
11 safekeeping purposes.
12 10. Full name and address of manager of applicant's
13 business.
14 11. Whether the applicant under the present business
15 name or any former name has ever been denied a license, or
16 has had suspended, cancelled or revoked any license for the
17 conduct or operation of the business of keeping and letting
18 of safety deposit boxes, safes, vaults or other facilities
19 under any statute of the State of Illinois or law of any
20 local or governmental agency providing for the regulation and
21 licensing of any such business.
22 12. The application shall, if made by a sole proprietor,
23 be signed by the proprietor, if made by a partnership by each
24 of the partners, and if made by a corporation, business trust
25 or other legal entity by two officers or trustees thereof.
26 (Source: Laws 1967, p. 1668; revised 10-31-98.)
27 Section 168. The Illinois Public Aid Code is amended by
28 changing Sections 3-10.1, 4-8, 5-5.3, 5-5.4a, 5-11.1, 10-10,
29 10-16.2, 11-16, 11-20, and 11-22 as follows:
30 (305 ILCS 5/3-10.1) (from Ch. 23, par. 3-10.1)
31 Sec. 3-10.1. Execution of notice of lien. The County
32 Department of the county in which the recipient resides shall
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1 execute a notice of lien which shall contain the name and
2 address of the recipient, a legal description of the
3 property, the fact that a lien is being claimed for aid paid
4 under this Article, and such other information as the
5 Illinois Department may by rule prescribe.
6 The notice shall designate the County Superintendent of
7 Public Aid in his official capacity, and his successors in
8 office, as the holder of the lien and shall be executed by
9 the County Superintendent, in his official capacity, and
10 shall be acknowledged substantially in the following form:
11 "State of Illinois, County of (name of county): I (give
12 name of the officer and his official title) certify that
13 (name and official title of superintendent of public aid)
14 personally known to me to be the same person whose name is
15 subscribed to the foregoing instrument, appeared before me
16 this day in person and acknowledged that he signed the
17 instrument as required of him by law, for the uses therein
18 set forth."
19 "Dated (insert date). 19
20 ...............................
21 Signature of officer (Seal)."
22 (Source: P.A. 84-550; revised 10-20-98.)
23 (305 ILCS 5/4-8) (from Ch. 23, par. 4-8)
24 Sec. 4-8. Mismanagement of assistance grant.
25 (a) If the County Department has reason to believe that
26 the money payment for basic maintenance is not being used, or
27 may not be used, in the best interests of the child and the
28 family and that there is present or potential damage to the
29 standards of health and well-being that the grant is intended
30 to assure, the County Department shall provide the parent or
31 other relative with the counseling and guidance services with
32 respect to the use of the grant and the management of other
33 funds available to the family as may be required to assure
-986- LRB9101253EGfg
1 use of the grant in the best interests of the child and
2 family. The Illinois Department shall by rule prescribe
3 criteria which shall constitute evidence of grant
4 mismanagement. The criteria shall include but not be limited
5 to the following:
6 (1) A determination that a child in the assistance
7 unit is not receiving proper and necessary support or
8 other care for which assistance is being provided under
9 this Code.
10 (2) A record establishing that the parent or
11 relative has been found guilty of public assistance fraud
12 under Article VIIIA.
13 (3) A determination by an appropriate person,
14 entity, or agency that the parent or other relative
15 requires treatment for alcohol or substance abuse, mental
16 health services, or other special care or treatment.
17 The Department shall at least consider non-payment of
18 rent for two consecutive months as evidence of grant
19 mismanagement by a parent or relative of a recipient who is
20 responsible for making rental payments for the housing or
21 shelter of the child or family, unless the Department
22 determines that the non-payment is necessary for the
23 protection of the health and well-being of the recipient. The
24 County Department shall advise the parent or other relative
25 grantee that continued mismanagement will result in the
26 application of one of the sanctions specified in this
27 Section.
28 The Illinois Department shall consider irregular school
29 attendance by children of school age grades 1 through 8, as
30 evidence of lack of proper and necessary support or care.
31 The Department may extend this consideration to children in
32 grades higher than 8.
33 The Illinois Department shall develop preventive programs
34 in collaboration with school and social service networks to
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1 encourage school attendance of children receiving assistance
2 under Article IV. To the extent that Illinois Department and
3 community resources are available, the programs shall serve
4 families whose children in grades 1 through 8 are not
5 attending school regularly, as defined by the school. The
6 Department may extend these programs to families whose
7 children are in grades higher than 8. The programs shall
8 include referrals from the school to a social service
9 network, assessment and development of a service plan by one
10 or more network representatives, and the Illinois
11 Department's encouragement of the family to follow through
12 with the service plan. Families that fail to follow the
13 service plan as determined by the service provider, shall be
14 subject to the protective payment provisions of this Section
15 and Section 4-9 of this Code.
16 Families for whom a protective payment plan has been in
17 effect for at least 3 months and whose school children
18 continue to regularly miss school shall be subject to
19 sanction under Section 4-21. The sanction shall continue
20 until the children demonstrate satisfactory attendance, as
21 defined by the school. To the extent necessary to implement
22 this Section, the Illinois Department shall seek appropriate
23 waivers of federal requirements from the U.S. Department of
24 Health and Human Services.
25 The Illinois Department may implement the amendatory
26 changes to this Section made by this amendatory Act of 1995
27 through the use of emergency rules in accordance with the
28 provisions of Section 5-45 of the Illinois Administrative
29 Procedure Act. For purposes of the Illinois Administrative
30 Procedure Act, the adoption of rules to implement the
31 amendatory changes to this Section made by this amendatory
32 Act of 1995 shall be deemed an emergency and necessary for
33 the public interest, safety, and welfare.
34 (b) In areas of the State where clinically appropriate
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1 substance abuse treatment capacity is available, if the local
2 office has reason to believe that a caretaker relative is
3 experiencing substance abuse, the local office shall refer
4 the caretaker relative to a licensed treatment provider for
5 assessment. If the assessment indicates that the caretaker
6 relative is experiencing substance abuse, the local office
7 shall require the caretaker relative to comply with all
8 treatment recommended by the assessment. If the caretaker
9 relative refuses without good cause, as determined by rules
10 of the Illinois Department, to submit to the assessment or
11 treatment, the caretaker relative shall be ineligible for
12 assistance, and the local office shall take one or more of
13 the following actions:
14 (i) If there is another family member or friend who
15 is ensuring that the family's needs are being met, that
16 person, if willing, shall be assigned as protective
17 payee.
18 (ii) If there is no family member or close friend
19 to serve as protective payee, the local office shall
20 provide for a protective payment to a substitute payee as
21 provided in Section 4-9. The Department also shall
22 determine whether if a referral to the Department of
23 Children and Family Services is warranted and, if
24 appropriate, shall make the referral.
25 (iii) The Department shall contact the individual
26 who is thought to be experiencing substance abuse and
27 explain why the protective payee has been assigned and
28 refer the individual to treatment.
29 (c) This subsection (c) applies to cases other than
30 those described in subsection (b). If the efforts to correct
31 the mismanagement of the grant have failed, the County
32 Department, in accordance with the rules and regulations of
33 the Illinois Department, shall initiate one or more of the
34 following actions:
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1 1. Provide for a protective payment to a substitute
2 payee, as provided in Section 4-9. This action may be
3 initiated for any assistance unit containing a child
4 determined to be neglected by the Department of Children
5 and Family Services under the Abused and Neglected Child
6 Reporting Act, and in any case involving a record of
7 public assistance fraud.
8 2. Provide for issuance of all or part of the grant
9 in the form of disbursing orders. This action may be
10 initiated in any case involving a record of public
11 assistance fraud, or upon the request of a substitute
12 payee designated under Section 4-9.
13 3. File a petition under the Juvenile Court Act of
14 1987 for an Order of Protection under Section Sections
15 2-25, 2-26, 3-26, and 3-27, 4-23, 4-24, 5-730, or 5-735
16 of that Act.
17 4. Institute a proceeding under the Juvenile Court
18 Act of 1987 for the appointment of a guardian or legal
19 representative for the purpose of receiving and managing
20 the public aid grant.
21 5. If the mismanagement of the grant, together with
22 other factors, has have rendered the home unsuitable for
23 the best welfare of the child, file a neglect petition
24 under the Juvenile Court Act of 1987, requesting the
25 removal of the child or children.
26 (Source: P.A. 89-6, eff. 3-6-95; 90-17, eff. 7-1-97; 90-249,
27 eff. 1-1-98; 90-590, eff. 1-1-99; 90-655, eff. 7-30-98;
28 revised 10-31-98.)
29 (305 ILCS 5/5-5.3) (from Ch. 23, par. 5-5.3)
30 Sec. 5-5.3. Conditions of Payment - Prospective Rates -
31 Accounting Principles. This amendatory Act establishes
32 certain conditions for the Department of Public Aid in
33 instituting rates for the care of recipients of medical
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1 assistance in skilled nursing facilities and intermediate
2 care facilities. Such conditions shall assure a method under
3 which the payment for skilled nursing and intermediate care
4 services, provided to recipients under the Medical Assistance
5 Program shall be on a reasonable cost related basis, which is
6 prospectively determined annually by the Department of Public
7 Aid. The annually established payment rate shall take effect
8 on July 1 in 1984 and subsequent years. There shall be no
9 rate increase during calendar year 1983 and the first six
10 months of calendar year 1984.
11 The determination of the payment shall be made on the
12 basis of generally accepted accounting principles that shall
13 take into account the actual costs to the facility of
14 providing skilled nursing and intermediate care services to
15 recipients under the medical assistance program.
16 The resultant total rate for a specified type of service
17 shall be an amount which shall have been determined to be
18 adequate to reimburse allowable costs of a facility that is
19 economically and efficiently operated. The Department shall
20 establish an effective date for each facility or group groups
21 they are a resident for purposes
4 of physician authorized in-patient admission to a hospital,
5 the Department's rules shall, at a minimum, provide provided
6 (1) bed reserve payments at a daily rate which is 100% of the
7 client's current per diem rate, for a period not exceeding 10
8 ten consecutive days; (2) bed reserve payments at a daily
9 rate which is 75% of a client's current per diem rate, for a
10 period which exceeds 10 ten consecutive days but does not
11 exceed 30 thirty consecutive days; and (3) bed reserve
12 payments at a daily rate which is 50% of a client's current
13 per diem rate for a period which exceeds thirty consecutive
14 days but does not exceed 45 forty-five consecutive days.
15 (b) When a resident of an Intermediate Care Facility for
16 the Developmentally Disabled (ICF/DD) is absent from the
17 ICF/DD in which he or she is they are a resident for purposes
18 of a home visit with a family member the Department's rules
19 shall, at a minimum, provide (1) bed reserve payments at a
20 rate which is 100% of a client's current per diem rate, for a
21 period not exceeding 10 ten days per State fiscal year; and
22 (2) bed reserve payments at a rate which is 75% of a client's
23 current per diem rate, for a period which exceeds 10 ten days
24 per State fiscal year but does not exceed 30 thirty days per
25 State fiscal year.
26 (c) No Department rule regarding bed reserve payments
27 shall require an ICF/DD to have a specified percentage of
28 total facility occupancy as a requirement for receiving bed
29 reserve payments.
30 This Section 5-5.4a shall not apply to any State operated
31 facilities.
32 (Source: P.A. 88-247; revised 10-31-98.)
33 (305 ILCS 5/5-11.1)
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1 Sec. 5-11.1. Cooperative arrangements; contracts with
2 other State agencies, health care and rehabilitation
3 organizations, and fiscal intermediaries. The Illinois
4 Department may enter into cooperative arrangements with State
5 agencies responsible for administering or supervising the
6 administration of health services and vocational
7 rehabilitation services to maximize utilization of these
8 services in the provision of medical assistance.
9 The Illinois Department shall, not later than June 30,
10 1994, enter into one or more cooperative arrangements with
11 the Department of Mental Health and Developmental
12 Disabilities providing that the Department of Mental Health
13 and Developmental Disabilities will be responsible for
14 administering or supervising all programs for services to
15 persons in community care facilities for persons with mental
16 illness, including but not limited to intermediate care
17 facilities, that are supported by State funds or by funding
18 under Title XIX of the federal Social Security Act. The
19 responsibilities of the Department of Mental Health and
20 Developmental Disabilities under these agreements are
21 transferred to the Department of Human Services as provided
22 in the Department of Human Services Act.
23 The Department may also contract with State health and
24 rehabilitation agencies and other public or private health
25 care and rehabilitation organizations to act for it in
26 supplying designated medical services to persons eligible
27 under this Section. Any contracts with health services or
28 health maintenance organizations shall be restricted to
29 organizations which have been certified as being in
30 compliance with standards promulgated under the laws of this
31 State governing the establishment and operation of health
32 services or health maintenance organizations. The Department
33 may also contract with insurance companies or other corporate
34 entities serving as fiscal intermediaries in this State for
-993- LRB9101253EGfg
1 the federal government in respect to Medicare payments under
2 Title XVIII of the federal Social Security Act to act for the
3 Department in paying medical care suppliers. Nothing in this
4 Section shall be construed to abrogate any existing
5 doctor/patient relationships with Illinois Department of
6 Public Aid recipients or the free choice of clients or their
7 guardians to select a physician to provide medical care. The
8 provisions of Section 9 of the State Finance Act
9 notwithstanding, such contracts with State agencies, other
10 health care and rehabilitation organizations, or fiscal
11 intermediaries may provide for advance payments.
12 (Source: P.A. 88-388; 89-507, eff. 7-1-97; revised 10-31-98.)
13 (305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
14 Sec. 10-10. Court enforcement; applicability also to
15 persons who are not applicants or recipients. Except where
16 the Illinois Department, by agreement, acts for the local
17 governmental unit, as provided in Section 10-3.1, local
18 governmental units shall refer to the State's Attorney or to
19 the proper legal representative of the governmental unit, for
20 judicial enforcement as herein provided, instances of
21 non-support or insufficient support when the dependents are
22 applicants or recipients under Article VI. The Child and
23 Spouse Support Unit established by Section 10-3.1 may
24 institute in behalf of the Illinois Department any actions
25 under this Section for judicial enforcement of the support
26 liability when the dependents are (a) applicants or
27 recipients under Articles III, IV, V or VII (b) applicants or
28 recipients in a local governmental unit when the Illinois
29 Department, by agreement, acts for the unit; or (c)
30 non-applicants or non-recipients who are receiving support
31 enforcement services under this Article X, as provided in
32 Section 10-1. Where the Child and Spouse Support Unit has
33 exercised its option and discretion not to apply the
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1 provisions of Sections 10-3 through 10-8, the failure by the
2 Unit to apply such provisions shall not be a bar to bringing
3 an action under this Section.
4 Action shall be brought in the circuit court to obtain
5 support, or for the recovery of aid granted during the period
6 such support was not provided, or both for the obtainment of
7 support and the recovery of the aid provided. Actions for
8 the recovery of aid may be taken separately or they may be
9 consolidated with actions to obtain support. Such actions
10 may be brought in the name of the person or persons requiring
11 support, or may be brought in the name of the Illinois
12 Department or the local governmental unit, as the case
13 requires, in behalf of such persons.
14 The court may enter such orders for the payment of moneys
15 for the support of the person as may be just and equitable
16 and may direct payment thereof for such period or periods of
17 time as the circumstances require, including support for a
18 period before the date the order for support is entered. The
19 order may be entered against any or all of the defendant
20 responsible relatives and may be based upon the proportionate
21 ability of each to contribute to the person's support.
22 The Court shall determine the amount of child support
23 (including child support for a period before the date the
24 order for child support is entered) by using the guidelines
25 and standards set forth in subsection (a) of Section 505 and
26 in Section 505.2 of the Illinois Marriage and Dissolution of
27 Marriage Act. For purposes of determining the amount of child
28 support to be paid for a period before the date the order for
29 child support is entered, there is a rebuttable presumption
30 that the responsible relative's net income for that period
31 was the same as his or her net income at the time the order
32 is entered.
33 An order entered under this Section shall include a
34 provision requiring the obligor to report to the obligee and
-995- LRB9101253EGfg
1 to the clerk of court within 10 days each time the obligor
2 obtains new employment, and each time the obligor's
3 employment is terminated for any reason. The report shall be
4 in writing and shall, in the case of new employment, include
5 the name and address of the new employer. Failure to report
6 new employment or the termination of current employment, if
7 coupled with nonpayment of support for a period in excess of
8 60 days, is indirect criminal contempt. For any obligor
9 arrested for failure to report new employment bond shall be
10 set in the amount of the child support that should have been
11 paid during the period of unreported employment. An order
12 entered under this Section shall also include a provision
13 requiring the obligor and obligee parents to advise each
14 other of a change in residence within 5 days of the change
15 except when the court finds that the physical, mental, or
16 emotional health of a party or that of a minor child, or
17 both, would be seriously endangered by disclosure of the
18 party's address.
19 The Court shall determine the amount of maintenance using
20 the standards set forth in Section 504 of the Illinois
21 Marriage and Dissolution of Marriage Act.
22 Any new or existing support order entered by the court
23 under this Section shall be deemed to be a series of
24 judgments against the person obligated to pay support
25 thereunder, each such judgment to be in the amount of each
26 payment or installment of support and each such judgment to
27 be deemed entered as of the date the corresponding payment or
28 installment becomes due under the terms of the support order.
29 Each such judgment shall have the full force, effect and
30 attributes of any other judgment of this State, including the
31 ability to be enforced. Any such judgment is subject to
32 modification or termination only in accordance with Section
33 510 of the Illinois Marriage and Dissolution of Marriage Act.
34 A lien arises by operation of law against the real and
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1 personal property of the noncustodial parent for each
2 installment of overdue support owed by the noncustodial
3 parent.
4 When an order is entered for the support of a minor, the
5 court may provide therein for reasonable visitation of the
6 minor by the person or persons who provided support pursuant
7 to the order. Whoever willfully refuses to comply with such
8 visitation order or willfully interferes with its enforcement
9 may be declared in contempt of court and punished therefor.
10 Except where the local governmental unit has entered into
11 an agreement with the Illinois Department for the Child and
12 Spouse Support Unit to act for it, as provided in Section
13 10-3.1, support orders entered by the court in cases
14 involving applicants or recipients under Article VI shall
15 provide that payments thereunder be made directly to the
16 local governmental unit. Orders for the support of all other
17 applicants or recipients shall provide that payments
18 thereunder be made directly to the Illinois Department. In
19 accordance with federal law and regulations, the Illinois
20 Department may continue to collect current maintenance
21 payments or child support payments, or both, after those
22 persons cease to receive public assistance and until
23 termination of services under Article X. The Illinois
24 Department shall pay the net amount collected to those
25 persons after deducting any costs incurred in making the
26 collection or any collection fee from the amount of any
27 recovery made. In both cases the order shall permit the
28 local governmental unit or the Illinois Department, as the
29 case may be, to direct the responsible relative or relatives
30 to make support payments directly to the needy person, or to
31 some person or agency in his behalf, upon removal of the
32 person from the public aid rolls or upon termination of
33 services under Article X.
34 If the notice of support due issued pursuant to Section
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1 10-7 directs that support payments be made directly to the
2 needy person, or to some person or agency in his behalf, and
3 the recipient is removed from the public aid rolls, court
4 action may be taken against the responsible relative
5 hereunder if he fails to furnish support in accordance with
6 the terms of such notice.
7 Actions may also be brought under this Section in behalf
8 of any person who is in need of support from responsible
9 relatives, as defined in Section 2-11 of Article II who is
10 not an applicant for or recipient of financial aid under this
11 Code. In such instances, the State's Attorney of the county
12 in which such person resides shall bring action against the
13 responsible relatives hereunder. If the Illinois Department,
14 as authorized by Section 10-1, extends the support services
15 provided by this Article to spouses and dependent children
16 who are not applicants or recipients under this Code, the
17 Child and Spouse Support Unit established by Section 10-3.1
18 shall bring action against the responsible relatives
19 hereunder and any support orders entered by the court in such
20 cases shall provide that payments thereunder be made directly
21 to the Illinois Department.
22 Whenever it is determined in a proceeding to establish or
23 enforce a child support or maintenance obligation that the
24 person owing a duty of support is unemployed, the court may
25 order the person to seek employment and report periodically
26 to the court with a diary, listing or other memorandum of his
27 or her efforts in accordance with such order. Additionally,
28 the court may order the unemployed person to report to the
29 Department of Employment Security for job search services or
30 to make application with the local Jobs Training Partnership
31 Act provider for participation in job search, training or
32 work programs and where the duty of support is owed to a
33 child receiving support services under this Article X, the
34 court may order the unemployed person to report to the
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1 Illinois Department for participation in job search, training
2 or work programs established under Section 9-6 and Article
3 IXA of this Code.
4 Whenever it is determined that a person owes past-due
5 support for a child receiving assistance under this Code, the
6 court shall order at the request of the Illinois Department:
7 (1) that the person pay the past-due support in
8 accordance with a plan approved by the court; or
9 (2) if the person owing past-due support is
10 unemployed, is subject to such a plan, and is not
11 incapacitated, that the person participate in such job
12 search, training, or work programs established under
13 Section 9-6 and Article IXA of this Code as the court
14 deems appropriate.
15 A determination under this Section shall not be
16 administratively reviewable by the procedures specified in
17 Sections 10-12, and 10-13 to 10-13.10. Any determination
18 under these Sections, if made the basis of court action under
19 this Section, shall not affect the de novo judicial
20 determination required under this Section.
21 A one-time charge of 20% is imposable upon the amount of
22 past-due child support owed on July 1, 1988 which has accrued
23 under a support order entered by the court. The charge shall
24 be imposed in accordance with the provisions of Section 10-21
25 of this Code and shall be enforced by the court upon
26 petition.
27 All orders for support, when entered or modified, shall
28 include a provision requiring the non-custodial parent to
29 notify the court and, in cases in which a party is receiving
30 child and spouse support services under this Article X, the
31 Illinois Department, within 7 days, (i) of the name, address,
32 and telephone number of any new employer of the non-custodial
33 parent, (ii) whether the non-custodial parent has access to
34 health insurance coverage through the employer or other group
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1 coverage and, if so, the policy name and number and the names
2 of persons covered under the policy, and (iii) of any new
3 residential or mailing address or telephone number of the
4 non-custodial parent. In any subsequent action to enforce a
5 support order, upon a sufficient showing that a diligent
6 effort has been made to ascertain the location of the
7 non-custodial parent, service of process or provision of
8 notice necessary in the case may be made at the last known
9 address of the non-custodial parent in any manner expressly
10 provided by the Code of Civil Procedure or this Code, which
11 service shall be sufficient for purposes of due process.
12 in accordance with the Income Withholding for Support Act
13 An order for support shall include a date on which the
14 current support obligation terminates. The termination date
15 shall be no earlier than the date on which the child covered
16 by the order will attain the age of majority or is otherwise
17 emancipated. The order for support shall state that the
18 termination date does not apply to any arrearage that may
19 remain unpaid on that date. Nothing in this paragraph shall
20 be construed to prevent the court from modifying the order.
21 Upon notification in writing or by electronic
22 transmission from the Illinois Department to the clerk of the
23 court that a person who is receiving support payments under
24 this Section is receiving services under the Child Support
25 Enforcement Program established by Title IV-D of the Social
26 Security Act, any support payments subsequently received by
27 the clerk of the court shall be transmitted in accordance
28 with the instructions of the Illinois Department until the
29 Illinois Department gives notice to the clerk of the court to
30 cease the transmittal. After providing the notification
31 authorized under this paragraph, the Illinois Department
32 shall be entitled as a party to notice of any further
33 proceedings in the case. The clerk of the court shall file a
34 copy of the Illinois Department's notification in the court
-1000- LRB9101253EGfg
1 file. The clerk's failure to file a copy of the
2 notification in the court file shall not, however, affect the
3 Illinois Department's right to receive notice of further
4 proceedings.
5 Payments under this Section to the Illinois Department
6 pursuant to the Child Support Enforcement Program established
7 by Title IV-D of the Social Security Act shall be paid into
8 the Child Support Enforcement Trust Fund. All other payments
9 under this Section to the Illinois Department shall be
10 deposited in the Public Assistance Recoveries Trust Fund.
11 Disbursements from these funds shall be as provided in
12 Sections 12-9 and 12-10.2 of this Code. Payments received by
13 a local governmental unit shall be deposited in that unit's
14 General Assistance Fund.
15 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
16 90-655, eff. 7-30-98; 90-673, eff. 1-1-99; 90-790, eff.
17 8-14-98; revised 9-14-98.)
18 (305 ILCS 5/10-16.2) (from Ch. 23, par. 10-16.2)
19 Sec. 10-16.2. Withholding of Income to Secure Payment of
20 Support. Orders for support entered under this Code are
21 subject to the Income Withholding for Support Act.
22 (2.5) "Business day" means a day on which State offices
23 are open for regular business.
24 (a-5) State the date of entry of the order for
25 support upon which the income withholding notice is
26 based; and ; and
27 (k) Contain the signature of the obligee or the
28 printed name and telephone number of the authorized
29 representative of the public office, except that the
30 failure to contain the signature of the obligee or the
31 printed name and telephone number of the authorized
32 representative of the public office shall not affect the
33 validity of the income withholding notice. A copy of the
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1 income withholding notice together with A copy of the
2 income withholding notice together with a proof of
3 service on the other payor shall be filed with the Clerk
4 of the Circuit Court.
5 (9) income notice income notice income notice
6 (Source: P.A. 89-507, eff. 7-1-97; 90-18, eff. 7-1-97;
7 90-425, eff. 8-15-97; 90-655, eff. 7-30-98; 90-673, eff.
8 1-1-99; 90-790, eff. 8-14-98; revised 9-14-98.)
9 (305 ILCS 5/11-16) (from Ch. 23, par. 11-16)
10 Sec. 11-16. Changes in grants; cancellations,
11 revocations, suspensions.
12 (a) All grants of financial aid under this Code shall be
13 considered as frequently as may be required by the rules of
14 the Illinois Department. After such investigation as may be
15 necessary, the amount and manner of giving aid may be changed
16 or the aid may be entirely withdrawn if the County
17 Department, local governmental unit, or Illinois Department
18 finds that the recipient's circumstances have altered
19 sufficiently to warrant such action. Financial aid may at any
20 time be canceled or revoked for cause or suspended for such
21 period as may be proper.
22 (b) Whenever any such grant of financial aid is
23 cancelled, revoked, reduced, or terminated because of the
24 failure of the recipient to cooperate with the Department,
25 including but not limited to the failure to keep an
26 appointment, attend a meeting, or produce proof or
27 verification of eligibility or need, the grant shall be
28 reinstated in full, retroactive to the date of the change in
29 or termination of the grant, provided that within 10 working
30 days after the first day the financial aid would have been
31 available, the recipient cooperates with the Department and
32 is not otherwise ineligible for benefits for the period in
33 question. This subsection (b) does not apply to sanctions
-1002- LRB9101253EGfg
1 imposed for the failure of any recipient to participate as
2 required in the child support enforcement program or in any
3 educational, training, or employment program under this Code
4 or any other sanction under Section 4-21, nor does this
5 subsection (b) apply to any cancellation, revocation,
6 reduction, termination, or sanction imposed for the failure
7 of any recipient to cooperate in the monthly reporting
8 process or the quarterly reporting process.
9 (Source: P.A. 90-17, eff. 7-1-97; revised 10-31-98.)
10 (305 ILCS 5/11-20) (from Ch. 23, par. 11-20)
11 Sec. 11-20. Employment registration; Persons "Able to
12 Engage in Employment" duty to accept employment Conditions
13 Under Which Employment May Be Refused - Exemptions. This
14 Section applies to employment and training programs other
15 than those for recipients of assistance under Article IV.
16 (1) Each applicant or recipient and dependent member of
17 the family age 16 or over who is able to engage in employment
18 and who is unemployed, or employed for less than the full
19 working time for the occupation in which he or she is
20 engaged, shall maintain a current registration for employment
21 or additional employment with the system of free public
22 employment offices maintained in this State by the State
23 Department of Employment Security under the Public Employment
24 Office Act "An Act relating to employment offices and
25 agencies", approved May 11, 1903, as amended, and shall
26 utilize the job placement services and other facilities of
27 such offices unless the Illinois Department otherwise
28 provides by rule for programs administered by the Illinois
29 Department.
30 (2) Every person age 16 or over shall be deemed "able to
31 engage in employment", as that term is used herein, unless
32 (a) the person has an illness certified by the attending
33 practitioner as precluding his or her engagement in
-1003- LRB9101253EGfg
1 employment of any type for a time period stated in the
2 practitioner's certification; or (b) the person has a
3 medically determinable physical or mental impairment, disease
4 or loss of indefinite duration and of such severity that he
5 or she cannot perform labor or services in any type of
6 gainful work which exists in the national economy, including
7 work adjusted for persons with physical or mental handicap;
8 or (c) the person is among the classes of persons exempted by
9 paragraph 5 of this Section. A person described in clauses
10 (a), (b) or (c) of the preceding sentence shall be classified
11 as "temporarily unemployable". The Illinois Department shall
12 provide by rule for periodic review of the circumstances of
13 persons classified as "temporarily unemployable".
14 (3) The Illinois Department shall provide through rules
15 and regulations for sanctions against applicants and
16 recipients of aid under this Code who fail or refuse to
17 cooperate, without good cause, as defined by rule of the
18 Illinois Department, to accept a bona fide offer of
19 employment in which he or she is able to engage either in the
20 community of the person's residence or within reasonable
21 commuting distance therefrom.
22 The Illinois Department may provide by rule for the grant
23 or continuation of aid for a temporary period, if federal law
24 or regulation so permits or requires, to a person who refuses
25 employment without good cause if he or she accepts counseling
26 or other services designed to increase motivation and
27 incentives for accepting employment.
28 (4) Without limiting other criteria which the Illinois
29 Department may establish, it shall be good cause of refusal
30 if
31 (a) the wage does not meet applicable minimum wage
32 requirements, or
33 (b) there being no applicable minimum wage as
34 determined in (a), the wage is certified by the Illinois
-1004- LRB9101253EGfg
1 Department of Labor as being less than that which is
2 appropriate for the work to be performed, or.
3 (c) acceptance of the offer involves a substantial
4 threat to the health or safety of the person or any of
5 his or her dependents.
6 (5) The requirements of registration and acceptance of
7 employment shall not apply (a) to a parent or other person
8 needed at home to provide personal care and supervision to a
9 child or children unless, in accordance with the rules and
10 regulations of the Illinois Department, suitable arrangements
11 have been or can be made for such care and supervision during
12 the hours of the day the parent or other person is out of the
13 home because of employment; (b) to a person age 16 or over in
14 regular attendance in school, as defined in Section 4-1.1; or
15 (c) to a person whose presence in the home on a substantially
16 continuous basis is required because of the illness or
17 incapacity of another member of the household.
18 The Illinois Department may implement a demonstration
19 project limited to one county of less than 3 million
20 population that would require registration for and acceptance
21 of employment by parents or another person needed at home to
22 provide personal care and supervision to a child or children
23 age 3 and over, as allowed by federal law and subject to
24 rules and regulations of the Illinois Department, provided
25 suitable arrangements have been or can be made for such care
26 and supervision during the hours of the day the parents or
27 other person are out of the home because of employment. Such
28 suitable arrangements must meet standards and requirements
29 established under the Child Care Act of 1969, as now or
30 hereafter amended. Such requirements shall not apply to
31 parents or another caretaker with a child or children at home
32 under the age of 3.
33 (Source: P.A. 90-17, eff. 7-1-97; revised 10-31-98.)
-1005- LRB9101253EGfg
1 (305 ILCS 5/11-22) (from Ch. 23, par. 11-22)
2 Sec. 11-22. Charge upon claims and causes of action for
3 injuries. The Illinois Department shall have a charge upon
4 all claims, demands and causes of action for injuries to an
5 applicant for or recipient of financial aid under Articles
6 III, IV, V and VII for the total amount of medical assistance
7 provided the recipient from the time of injury to the date of
8 recovery upon such claim, demand or cause of action. In
9 addition, if the applicant or recipient was employable, as
10 defined by the Department, at the time of the injury, the
11 Department shall also have a charge upon any such claims,
12 demands and causes of action for the total amount of aid
13 provided to the recipient and his dependents, including all
14 cash assistance and medical assistance only to the extent
15 includable in the claimant's action, from the time of injury
16 to the date of recovery upon such claim, demand or cause of
17 action. Any definition of "employable" adopted by the
18 Department shall apply only to persons above the age of
19 compulsory school attendance. Local governmental units shall
20 have like charges for injuries to an applicant or recipient
21 under Article VII.
22 If the injured person was employable at the time of the
23 injury and is provided aid under Articles III, IV, V or VII
24 and any dependent or member of his family is provided aid
25 under Article VI, or vice versa, both the Illinois Department
26 and the local governmental unit shall have a charge upon such
27 claims, demands and causes of action for the aid provided to
28 the injured person and any dependent member of his family,
29 including all cash assistance, medical assistance and food
30 stamps, from the time of the injury to the date of recovery.
31 "Recipient", as used herein, means the grantee of record
32 and any persons whose needs are included in the financial aid
33 provided to the grantee of record or otherwise met by grants
34 under the appropriate Article of this Code for which such
-1006- LRB9101253EGfg
1 person is eligible.
2 In each case, the notice shall be served by certified
3 mail or registered mail, upon the party or parties against
4 whom the applicant or recipient has a claim, demand or cause
5 of action. The notice shall claim the charge and describe
6 the interest the Illinois Department, the local governmental
7 unit, or the county, has in the claim, demand, or cause of
8 action. The charge shall attach to any verdict or judgment
9 entered and to any money or property which may be recovered
10 on account of such claim, demand, cause of action or suit
11 from and after the time of the service of the notice.
12 On petition filed by the Illinois Department, or by the
13 local governmental unit or county if either is claiming a
14 charge, or by the recipient, or by the defendant, the court,
15 on written notice to all interested parties, may adjudicate
16 the rights of the parties and enforce the charge. The court
17 may approve the settlement of any claim, demand or cause of
18 action either before or after a verdict, and nothing in this
19 Section shall be construed as requiring the actual trial or
20 final adjudication of any claim, demand or cause of action
21 upon which the Illinois Department, the local governmental
22 unit or county has charge. The court may determine what
23 portion of the recovery shall be paid to the injured person
24 and what portion shall be paid to the Illinois Department,
25 the local governmental unit or county having a charge against
26 the recovery. In making this determination, the court shall
27 conduct an evidentiary hearing and shall consider competent
28 evidence pertaining to the following matters:
29 (1) the amount of the charge sought to be enforced
30 against the recovery when expressed as a percentage of
31 the gross amount of the recovery; the amount of the
32 charge sought to be enforced against the recovery when
33 expressed as a percentage of the amount obtained by
34 subtracting from the gross amount of the recovery the
-1007- LRB9101253EGfg
1 total attorney's fees and other costs incurred by the
2 recipient incident to the recovery; and whether the
3 Department, unit of local government or county seeking to
4 enforce the charge against the recovery should as a
5 matter of fairness and equity bear its proportionate
6 share of the fees and costs incurred to generate the
7 recovery from which the charge is sought to be satisfied;
8 (2) the amount, if any, of the attorney's fees and
9 other costs incurred by the recipient incident to the
10 recovery and paid by the recipient up to the time of
11 recovery, and the amount of such fees and costs remaining
12 unpaid at the time of recovery;
13 (3) the total hospital, doctor and other medical
14 expenses incurred for care and treatment of the injury to
15 the date of recovery therefor, the portion of such
16 expenses theretofore paid by the recipient, by insurance
17 provided by the recipient, and by the Department, unit of
18 local government and county seeking to enforce a charge
19 against the recovery, and the amount of such previously
20 incurred expenses which remain unpaid at the time of
21 recovery and by whom such incurred, unpaid expenses are
22 to be paid;
23 (4) whether the recovery represents less than
24 substantially full recompense for the injury and the
25 hospital, doctor and other medical expenses incurred to
26 the date of recovery for the care and treatment of the
27 injury, so that reduction of the charge sought to be
28 enforced against the recovery would not likely result in
29 a double recovery or unjust enrichment to the recipient;
30 (5) the age of the recipient and of persons
31 dependent for support upon the recipient, the nature and
32 permanency of the recipient's injuries as they affect not
33 only the future employability and education of the
34 recipient but also the reasonably necessary and
-1008- LRB9101253EGfg
1 foreseeable future material, maintenance, medical,
2 rehabilitative and training needs of the recipient, the
3 cost of such reasonably necessary and foreseeable future
4 needs, and the resources available to meet such needs and
5 pay such costs;
6 (6) the realistic ability of the recipient to repay
7 in whole or in part the charge sought to be enforced
8 against the recovery when judged in light of the factors
9 enumerated above.
10 The burden of producing evidence sufficient to support
11 the exercise by the court of its discretion to reduce the
12 amount of a proven charge sought to be enforced against the
13 recovery shall rest with the party seeking such reduction.
14 The court may reduce and apportion the Illinois
15 Department's lien proportionate to the recovery of the
16 claimant. The court may consider the nature and extent of
17 the injury, economic and noneconomic loss, settlement offers,
18 comparative negligence as it applies to the case at hand,
19 hospital costs, physician costs, and all other appropriate
20 costs. The Illinois Department shall pay its pro rata share
21 of the attorney fees based on the Illinois Department's lien
22 as it compares to the total settlement agreed upon. This
23 Section shall not affect the priority of an attorney's lien
24 under the Attorneys Lien Act "An Act concerning attorney's
25 lien and for enforcement of same", filed June 16, 1909, as
26 amended. The charges of the Illinois Department described in
27 this Section, however, shall take priority over all other
28 liens and charges existing under the laws of the State of
29 Illinois with the exception of the attorney's lien under said
30 statute.
31 Whenever the Department or any unit of local government
32 has a statutory charge under this Section against a recovery
33 for damages incurred by a recipient because of its
34 advancement of any assistance, such charge shall not be
-1009- LRB9101253EGfg
1 satisfied out of any recovery until the attorney's claim for
2 fees is satisfied, irrespective of whether or not an action
3 based on recipient's claim has been filed in court.
4 This Section shall be inapplicable to any claim, demand
5 or cause of action arising under (a) the "Workers'
6 Compensation Act", approved July 9, 1951, as amended, or the
7 predecessor "Workers' Compensation Act" of June 28, 1913, (b)
8 the "Workers' Occupational Diseases Act", approved July 9,
9 1951, as amended, or the predecessor Workers' Occupational
10 Diseases Act" of March 16, 1936; and (c) the Wrongful Death
11 Act "An Act requiring compensation for causing death by
12 wrongful act, neglect or default", approved February 12,
13 1853, as amended.
14 (Source: P.A. 89-507, eff. 7-1-97; revised 10-31-98.)
15 Section 169. The Nursing Home Grant Assistance Act is
16 amended by changing Section 20 as follows:
17 (305 ILCS 40/20) (from Ch. 23, par. 7100-20)
18 Sec. 20. Nursing Home Grant Assistance Fund.
19 (a) There is created in the State Treasury the Nursing
20 Home Grant Assistance Fund. Interest earned on the Fund
21 shall be credited to the Fund.
22 (b) The Fund is created for the purpose of receiving
23 moneys in accordance with Section 15, Section 30 and Section
24 35 of this Act, and disbursing monies for payment of:
25 (1) grants to eligible individuals under this Act;
26 (2) administrative expenses incurred by the
27 Department in performing the activities authorized by
28 this Act;
29 (3) refunds to distribution agents as provided for
30 under this Act; and,
31 (4) transfers to the General Revenue Fund of any
32 amounts of Nursing Home Grant Assistance payments
-1010- LRB9101253EGfg
1 returned to the Department by distribution agents.
2 The Department shall deposit all moneys received under
3 this Act in the Nursing Home Grant Assistance Fund.
4 The Department, subject to appropriation, may use up to
5 2.5% of the moneys received under this Act for the costs of
6 administering and enforcing the program.
7 (c) Within 30 days after the end of the quarterly period
8 in which the distribution agent is required to file the
9 certification and make the payment required by this Act, and
10 after verification with the Illinois Department of Public Aid
11 of the licensing status of the distribution agent, the
12 Director shall order the payment to be made from
13 appropriations made for the purposes of this Act.
14 (d) Disbursements from this Fund shall be by warrants
15 drawn by the State Comptroller upon receipt of vouchers duly
16 executed and certified by the Department. The Department
17 shall prepare and certify to the State Comptroller the
18 disbursement of the grants to qualified distributing agents
19 for payment to the eligible individuals certified to the
20 Department by the qualified distributing agents.
21 The amount to be paid per calendar quarter to a qualified
22 distribution agent shall not exceed, for each eligible
23 individual, $500 multiplied by a fraction equal to the number
24 of days that the eligible individual's nursing home care was
25 not paid for, in whole or in part, by a federal, State, or
26 combined federal-State medical care program, divided by the
27 number of calendar days in the quarter. Any amount the
28 qualified distribution agent owes to the Department under
29 Section 30 shall be deducted from the amount of the payment
30 to the qualified distribution agent.
31 If the amount appropriated or available in the Fund is
32 insufficient to meet all or part of any quarterly payment
33 certification, the payment certified to each qualified
34 distributing agent shall be uniformly reduced by an amount
-1011- LRB9101253EGfg
1 which will permit a payment to be made to each qualified
2 distributing agent. Within 10 days after receipt by the
3 State Comptroller of the disbursement certification to the
4 qualified distributing agents, the State Comptroller shall
5 cause the warrants to be drawn for the respective amounts in
6 accordance with the directions contained in that
7 certification.
8 (e) Notwithstanding any other provision of this Act, as
9 soon as is practicable after the effective date of this
10 amendatory Act of 1994, the Department shall order that
11 payments be made, subject to appropriation, to the
12 appropriate distribution agents for grants to persons who
13 were eligible individuals during the fourth quarter of fiscal
14 year 1993 to the extent that those individuals did not
15 receive a grant for that quarter or the fourth quarter of
16 fiscal year 1992. An eligible individual, or a person acting
17 on behalf of an eligible individual, must apply on or before
18 December 31, 1994 for a grant under this subsection (e). The
19 amount to be paid to each distribution agent under this
20 subsection shall be calculated as provided in subsection (d).
21 Distribution agents shall distribute the grants to eligible
22 individuals as required in Section 30. For the purpose of
23 determining grants under this subsection (e), a nursing home
24 that is a distribution agent under this Act shall file with
25 the Department, on or before September 30, 1994, a
26 certification disclosing the information required under
27 Section 15 with respect to the fourth quarter of fiscal year
28 1993.
29 (Source: P.A. 87-863; 88-676, eff. 12-14-94; revised
30 10-31-98.)
31 Section 170. The Work Opportunity and Earnfare Act is
32 amended by changing Section 30 as follows:
-1012- LRB9101253EGfg
1 (305 ILCS 45/30) (from Ch. 23, par. 7105-30)
2 Sec. 30. Emergency Employment Fund. The Emergency
3 Employment Fund is created as a special fund in the State
4 Treasury. Subject to appropriation, the Department of
5 Commerce and Community Affairs shall use money in the Fund
6 solely for operating and making grants under this Act or the
7 Illinois Emergency Employment Development Act. The
8 Department of Commerce and Community Affairs may solicit
9 funds from the private sector or federal sources to
10 accomplish the objectives of this Act.
11 (Source: P.A. 87-893; revised 10-31-98.)
12 Section 171. The State Housing Act is amended by
13 changing Sections 7 and 25 as follows:
14 (310 ILCS 5/7) (from Ch. 67 1/2, par. 157)
15 Sec. 7. No housing corporation shall:
16 (1) Acquire any real property or interest therein unless
17 it shall first have obtained a certificate from the Illinois
18 Housing Development Authority that such acquisition is
19 necessary or convenient for the public purpose defined by
20 this Act.
21 (2) Sell, transfer, or assign any real property except
22 upon the written consent of the Illinois Housing Development
23 Authority, except as provided in Section 26, of this Act.
24 Except as otherwise provided in Section 26, no real property
25 acquired for housing purposes under this Act shall be sold,
26 transferred or assigned within a period of 10 ten years after
27 its acquisition, except to another housing corporation, a
28 not-for-profit corporation or a federal, State or local
29 governmental agency.
30 (3) In the case of corporations formed on a
31 limited-dividend basis, pay dividends upon its stock, at a
32 higher rate than 6% six per cent per annum.
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1 (4) Issue its stock, securities or obligations in an
2 amount greater in the aggregate than the total actual final
3 cost, as determined by the Illinois Housing Development
4 Authority, of the lands and improvements acquired or
5 constructed by it, plus an allowance for working capital
6 approved by the Illinois Housing Development Authority.
7 (5) Mortgage any real property without first having
8 obtained the approval of the Illinois Housing Development
9 Authority.
10 (6) Issue any securities or evidences of indebtedness
11 without first having obtained the approval of the Illinois
12 Housing Development Authority.
13 (7) Use any building erected or acquired by it for any
14 purpose other than housing accommodation, except for stores,
15 offices or community facilities appurtenant and incidental to
16 housing accommodations, to the extent approved by the
17 Illinois Housing Development Authority.
18 (8) Charge or accept any rental for housing
19 accommodations in any building constructed, acquired,
20 operated or managed by it in excess of the rates prescribed
21 by the Illinois Housing Development Authority.
22 (9) Enter into contracts for the construction of
23 buildings or for the payment of salaries to officers or
24 employees, or for the purchase of materials, equipment or
25 supplies, except subject to the inspection and revision of
26 the Illinois Housing Development Authority, and under such
27 regulations as the Illinois Housing Development Authority may
28 from time to time prescribe.
29 No housing corporation or contractor employed thereby
30 shall deny employment to any person on account of race,
31 creed, color, sex or national origin.
32 (10) Make any guaranty without the approval of the
33 Illinois Housing Development Authority.
34 (11) Voluntarily dissolve without first having obtained
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1 the consent of the Illinois Housing Development Authority.
2 (Source: P.A. 78-847; revised 10-31-98.)
3 (310 ILCS 5/25) (from Ch. 67 1/2, par. 175)
4 Sec. 25. Consolidation; 2 or more projects. The
5 Illinois Housing Development Authority may permit the
6 consolidation of 2 two or more approved projects or the
7 extension or of amendment of any approved project or the
8 consolidation of any approved project with a proposed
9 project. In any of these events, the consolidated project
10 shall be treated as an original project and an application
11 shall be submitted as in the case of an original project and
12 rents may be averaged throughout the consolidated or extended
13 project. The Illinois Housing Development Authority may
14 likewise permit any housing corporation to organize and
15 operate more than one project or to take over any project
16 heretofore approved by the Illinois Housing Development
17 Authority and to operate it independently of other projects
18 of the corporation. The Illinois Housing Development
19 Authority may decline to permit more than one project to be
20 operated by the same housing corporation.
21 (Source: P.A. 76-1176; revised 10-31-98.)
22 Section 172. The Housing Cooperation Law is amended by
23 changing Section 4 as follows:
24 (310 ILCS 15/4) (from Ch. 67 1/2, par. 31)
25 Sec. 4. Powers. For the purpose of aiding and
26 cooperating in the planning, undertaking, construction,
27 reconstruction, improvement, alteration, repair or operation
28 of housing projects located in whole or in part within the
29 area in which it is authorized to act, any State Public Body
30 may upon such terms, with or without consideration, as it may
31 determine:
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1 (a) Dedicate, sell, convey or lease any of its
2 interest in any property or grant easements, licenses or
3 other rights or privileges therein to a housing authority
4 or the Federal Government;:
5 (b) Cause parks, playgrounds, recreational,
6 community, educational, water, sewer or drainage
7 facilities, or any other works which it is otherwise
8 empowered to undertake, to be furnished adjacent to or in
9 connection with housing projects;
10 (c) Furnish, dedicate, close, pave, install, grade,
11 regrade, plan or replan streets, roads, roadways, alleys,
12 sidewalks, or other places which it is otherwise
13 empowered to undertake;:
14 (d) Assign or loan any of its employees to a
15 housing authority to aid in the performance of the work
16 of such housing authority; and provide for a housing
17 authority any necessary office space, equipment or other
18 facilities;
19 (e) Make exceptions from building regulations and
20 ordinances; plan or replan, or zone or rezone, any part
21 of such State Public Body pursuant to existing laws;
22 (f) Enter into agreements, (which may extend over
23 any period, notwithstanding any provision or rule of law
24 to the contrary) with a housing authority or the Federal
25 Government respecting action to be taken by such State
26 Public Body pursuant to any of the powers granted by this
27 Act;
28 (g) By agreement with any housing authority
29 operating within its boundaries or jurisdiction, to
30 designate and use such housing authority as an
31 instrumentality to make investigations on behalf of such
32 State Public Body and to perform such other functions as
33 may be specified by such agreement; and to make
34 appropriations to such authority;
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1 (h) Lend money to a housing authority from time to
2 time, which, when it has funds available for such
3 purpose, shall make reimbursements for all loans made to
4 it together with interest thereon;
5 (i) Do any and all things, necessary or convenient
6 to aid and cooperate in the planning, undertaking,
7 construction, reconstruction, improvement, alteration,
8 repair or operation of such housing projects;
9 (j) Cause services of the character which such
10 State Public Body is otherwise empowered to furnish to be
11 furnished to a housing authority;
12 (k) Enter into agreements with respect to the
13 exercise by such State Public Body of its powers relating
14 to the repair, elimination or closing of unsafe,
15 insanitary or unfit dwellings;
16 (l) Employ (notwithstanding the provisions of any
17 other law) any funds belonging to, or within the control
18 of, such State Public Body, including funds derived from
19 the sale or furnishing of property or facilities to a
20 housing authority, in the purchase of the bonds of a
21 housing authority;
22 (m) Cooperate with a housing authority in the
23 enforcement of regulations adopted by such authority in
24 the exercise of the jurisdiction of the authority with
25 respect to the maintenance in a safe and sanitary
26 condition of the dwellings and appurtenant areas located
27 within the boundaries of any such project operated by the
28 housing authority; and
29 (n) Vest any or all of the powers it may possess
30 relating to the repair, maintenance of standards,
31 elimination or closing of unsafe, insanitary or unfit
32 dwellings, in a housing authority (which shall exercise
33 such powers as an agency of such State Public Body)
34 located in whole or in part within the area in which such
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1 State Public Body is authorized to act.
2 (Source: Laws 1938, First Sp.Sess., p. 31; revised 10-31-98.)
3 Section 173. The Abandoned Housing Rehabilitation Act is
4 amended by changing Sections 2 and 3 as follows:
5 (310 ILCS 50/2) (from Ch. 67 1/2, par. 852)
6 Sec. 2. Definitions. As used in this Act:
7 (a) "Property" means any residential real estate for
8 which taxes are delinquent for the preceding 2 years and
9 which has been continuously unoccupied by persons legally in
10 possession for the preceding 1 year.
11 (b) "Nuisance" means any property which because of its
12 physical condition or use is a public nuisance, or any
13 property which constitutes a blight on the surrounding area,
14 or any property which is not fit for human habitation under
15 the applicable fire, building and housing codes. "Nuisance"
16 also means any property on which any illegal activity
17 involving controlled substances (as defined in the Illinois
18 Controlled Substances Act) or cannabis (as defined in the
19 Cannabis Control Act) takes place or any property on which
20 any streetgang-related activity (as defined in the Illinois
21 Streetgang Terrorism Omnibus Prevention Act) takes place.
22 (c) "Organization" means any Illinois corporation,
23 agency, partnership, association, firm or other entity
24 consisting of 2 or more persons organized and conducted on a
25 not-for-profit basis with no personal profit inuring to
26 anyone as a result of its operation which has among its
27 purposes the improvement of housing.
28 (d) "Parties in interest" means any owner or owners of
29 record, judgment creditor, tax purchaser or other party
30 having any legal or equitable title or interest in the
31 property.
32 (e) "Last known address" includes the address where the
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1 property is located, or the address as listed in the tax
2 records or as listed pursuant to any owner's registration
3 ordinance duly adopted by a home rule unit of government.
4 (f) "Low or moderate income housing" means housing for
5 persons and families with low or moderate incomes, provided
6 that the income limits for such persons and families shall be
7 the same as those established by rule by the Illinois Housing
8 Development Authority in accordance with subsection (g) of
9 Section 2 of the Illinois Housing Development Act, as
10 amended.
11 (g) "Rehabilitation" means the process of improving the
12 property, including but not limited to bringing property into
13 compliance with applicable fire, housing and building codes.
14 (Source: P.A. 89-553, eff. 1-1-97; revised 10-31-98.)
15 (310 ILCS 50/3) (from Ch. 67 1/2, par. 853)
16 Sec. 3. Petition for temporary possession. An
17 organization may petition for temporary possession of
18 property if:
19 (a) the property has been tax delinquent for the
20 preceding proceeding 2 years and has been continuously
21 unoccupied by persons legally in possession for the
22 preceding year;
23 (b) the property is a nuisance;
24 (c) the organization intends to rehabilitate the
25 property and use the property as housing for low and
26 moderate income persons and families; and
27 (d) the organization has sent notice to the parties
28 in interest of the property, by certified or registered
29 mail, mailed to their last known address and posted on
30 the property at least 30 days but not more than 60 days
31 before the date the petition is filed, of the
32 organization's intent to file a petition for possession
33 under this Act.
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1 (Source: P.A. 85-862; revised 1-21-99.)
2 Section 174. The Illinois Affordable Housing Act is
3 amended by changing Sections 3, 5, and 7 as follows:
4 (310 ILCS 65/3) (from Ch. 67 1/2, par. 1253)
5 Sec. 3. Definitions. As used in this Act:
6 (a) "Program" means the Illinois Affordable Housing
7 Program.
8 (b) "Trust Fund" means the Illinois Affordable Housing
9 Trust Fund.
10 (c) "Low-income household" means a single person, family
11 or unrelated persons living together whose adjusted income is
12 more than 50%, but less than 80%, of the median income of the
13 area of residence, adjusted for family size, as such adjusted
14 income and median income for the area are determined from
15 time to time by the United States Department of Housing and
16 Urban Development for purposes of Section 8 of the United
17 States Housing Act of 1937.
18 (d) "Very low-income household" means a single person,
19 family or unrelated persons living together whose adjusted
20 income is not more than 50% of the median income of the area
21 of residence, adjusted for family size, as such adjusted
22 income and median income for the area are determined from
23 time to time by the United States Department of Housing and
24 Urban Development for purposes of Section 8 of the United
25 States Housing Act of 1937.
26 (e) "Affordable housing" means residential housing that,
27 so long as the same is occupied by low-income households or
28 very low-income households, requires payment of monthly
29 housing costs, including utilities other than telephone, of
30 no more than 30% of the maximum allowable income as stated
31 for such households as defined in this Section.
32 (f) "Multi-family housing" means a building or buildings
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1 providing housing to 5 or more households.
2 (g) "Single-family housing" means a building containing
3 one to 4 dwelling units, including a mobile home as defined
4 in subsection (b) of Section 3 203 of the Mobile Home
5 Landlord and Tenant Rights Act, as amended.
6 (h) "Community-based organization" means a
7 not-for-profit entity whose governing body includes a
8 majority of members who reside in the community served by the
9 organization.
10 (i) "Advocacy organization" means a not-for-profit
11 organization which conducts, in part or in whole, activities
12 to influence public policy on behalf of low-income or very
13 low-income households.
14 (j) "Program Administrator" means the Illinois Housing
15 Development Authority.
16 (k) "Funding Agent" means the Illinois Department of
17 Revenue.
18 (l) "Commission" means the Affordable Housing Advisory
19 Commission.
20 (m) "Congregate housing" means a building or structure
21 in which 2 or more households, inclusive, share common living
22 areas and may share child care, cleaning, cooking and other
23 household responsibilities.
24 (n) "Eligible applicant" means a proprietorship,
25 partnership, for-profit corporation, not-for-profit
26 corporation or unit of local government which seeks to use
27 fund assets as provided in this Article.
28 (o) "Moderate income household" means a single person,
29 family or unrelated persons living together whose adjusted
30 income is more than 80% but less than 120% of the median
31 income of the area of residence, adjusted for family size, as
32 such adjusted income and median income for the area are
33 determined from time to time by the United States Department
34 of Housing and Urban Development for purposes of Section 8 of
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1 the United States Housing Act of 1937.
2 (p) "Affordable Housing Program Trust Fund Bonds or
3 Notes" means the bonds or notes issued by the Program
4 Administrator under the Illinois Housing Development Act to
5 further the purposes of this Act.
6 (q) "Trust Fund Moneys" means all moneys, deposits,
7 revenues, income, interest, dividends, receipts, taxes,
8 proceeds and other amounts or funds deposited or to be
9 deposited in the Trust Fund pursuant to Section 5(b) of this
10 Act and any proceeds, investments or increase thereof.
11 (r) "Program Escrow" means accounts, except those
12 accounts relating to any Affordable Housing Program Trust
13 Fund Bonds or Notes, designated by the Program Administrator,
14 into which Trust Fund Moneys are deposited.
15 (Source: P.A. 88-93; 89-286, eff. 8-10-95; revised 10-31-98.)
16 (310 ILCS 65/5) (from Ch. 67 1/2, par. 1255)
17 Sec. 5. Illinois Affordable Housing Trust Fund.
18 (a) There is hereby created the Illinois Affordable
19 Housing Trust Fund, hereafter referred to in this Act as the
20 "Trust Fund" to be held as a separate fund within the State
21 Treasury and to be administered by the Program Administrator.
22 The purpose of the Trust Fund is to finance projects of the
23 Illinois Affordable Housing Program as authorized and
24 approved by the Program Administrator. The Funding Agent
25 shall establish, within the Trust Fund, a General Account, a
26 Bond Account, a Commitment Account and a Development Credits
27 Account. The Funding Agent shall authorize distribution of
28 Trust Fund moneys to the Program Administrator or a payee
29 designated by the Program Administrator for purposes
30 authorized by this Act. After receipt of the Trust Fund
31 moneys by the Program Administrator or designated payee, the
32 Program Administrator shall ensure that all those moneys are
33 expended for a public purpose and only as authorized by this
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1 Act.
2 (b) Except as otherwise provided in Section 8(c) of this
3 Act, there shall be deposited in the Trust Fund such amounts
4 as may become available under the provisions of this Act,
5 including, but not limited to:
6 (1) all receipts, including dividends, principal
7 and interest repayments attributable to any loans or
8 agreements funded from the Trust Fund;
9 (2) all proceeds of assets of whatever nature
10 received by the Program Administrator, and attributable
11 to default with respect to loans or agreements funded
12 from the Trust Fund;
13 (3) any appropriations, grants or gifts of funds or
14 property, or financial or other aid from any federal or
15 State agency or body, local government or any other
16 public organization or private individual made to the
17 Trust Fund;
18 (4) any income received as a result of the
19 investment of moneys in the Trust Fund;
20 (5) all fees or charges collected by the Program
21 Administrator or Funding Agent pursuant to this Act;
22 (6) an amount equal to one half of all proceeds
23 collected by the Funding Agent pursuant to Section 3 of
24 the Real Estate Transfer Tax Act, as amended; and
25 (7) other funds as appropriated by the General
26 Assembly; and
27 (8) any income, less costs and fees associated with
28 the Program Escrow, received by the Program Administrator
29 that is derived from Trust Fund Moneys held in the
30 Program Escrow prior to expenditure of such Trust Fund
31 Moneys.
32 (Source: P.A. 88-93; 89-286, eff. 8-10-95; revised 10-31-98.)
33 (310 ILCS 65/7) (from Ch. 67 1/2, par. 1257)
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1 Sec. 7. Powers of the Program Administrator. The
2 Program Administrator, in addition to the powers set forth in
3 the Illinois Housing Development Act and the powers
4 identified in Sections 8 and 9 of this Act, has the power to:
5 (a) identify, select and make financing available
6 to eligible applicants from monies in the Trust Fund or
7 from monies secured by the Trust Fund for affordable
8 housing for low and very low-income families;.
9 (b) purchase first and second mortgages, to make
10 secured, unsecured or deferred repayment loans, to make
11 no interest or low interest loans or to issue grants,
12 payments or subsidies for the predevelopment expenses,
13 acquisition, construction, rehabilitation development,
14 operation, insurance, or retention of projects in support
15 of affordable single family and multi-family housing for
16 low and very low-income households;
17 (c) expend monies for mortgage participation
18 certificates representing an undivided interest in
19 specified, first-lien conventional residential Illinois
20 mortgages which are underwritten, insured, guaranteed or
21 purchased by the Federal Home Loan Mortgage Corporation;
22 (d) fix, determine, charge and collect any fees,
23 costs and expenses, including without limitation, any
24 application fees, commitment or servicing fees, program
25 fees, financing charges, or publication fees in
26 connection with activities under this Act;
27 (e) establish applications, notification
28 procedures, and other forms, and to prepare and issue
29 rules deemed necessary and appropriate to implement this
30 Act with consultation from the Commission; and to issue
31 emergency rules, as necessary, for program implementation
32 needed prior to publication of the first annual plan
33 required by Section 12 of this Act;
34 (f) make and enter into and enforce all loans, loan
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1 commitments, contracts and agreements necessary,
2 convenient or desirable to the performance of its duties
3 and the execution of its powers under this Act;
4 (g) consent, subject to the provisions of any
5 contract or agreement with another person, whenever it
6 deems it is necessary or desirable in the fulfillment of
7 the purposes of this Act, to the modification or
8 restructuring of any loan commitment, loan, contract or
9 agreement to which the Program Administrator is a party;
10 (h) acquire by purchase, gift, or foreclosure, but
11 not by condemnation, any real or personal property, or
12 any interest therein, to procure insurance against loss,
13 to enter into any lease of property and to hold, sell,
14 assign, lease, mortgage or otherwise dispose of any real
15 or personal property, or any interest therein, or
16 relinquish any right, title, claim, lien, interest,
17 easement or demand however acquired, and to do any of the
18 foregoing by public or private sale;
19 (i) subject to the provisions of any contract or
20 agreement with another party to collect, enforce the
21 collection of, and foreclose on any property or
22 collateral securing its loan or loans, mortgage or
23 mortgages, and acquire or take possession of such
24 property or collateral and release or relinquish any
25 right, title, claim, lien, interest, easement, or demand
26 in property foreclosed by it or to sell the same at
27 public or private sale, with or without bidding, and
28 otherwise deal with such collateral as may be necessary
29 to protect the interest of the Program Administrator;
30 (j) sell any eligible loan made by the Program
31 Administrator or mortgage interest owned by it, at public
32 or private sale, with or without bidding, either singly
33 or in groups, or in shares of loans or shares of groups
34 of loans, and to deposit and invest the funds derived
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1 from such sales in any manner authorized by this Act;
2 (k) provide, contract or arrange, or participate
3 with or enter into agreements with any department, agency
4 or authority of the United States or of this State, or
5 any local unit of government, or any banking institution,
6 insurance company, trust or fiduciary or any foundation
7 or not-for-profit agency for the review, application,
8 servicing, processing or administration of any proposed
9 loan, grant, application, servicing, processing or
10 administration of any proposed loan, grant, agreement, or
11 contract of the Department when such arrangement is in
12 furtherance of this Act;
13 (l) receive and accept any gifts, grants, donations
14 or contributions from any source, of money, property,
15 labor or other things of value, to be held, used and
16 applied to carry out the purposes of this Act subject to
17 including, but not limited to, gifts or grants from any
18 Department or agency of the United States or the State or
19 from any local unit of government, not-for-profit
20 organization or private firm or individual for any
21 purpose consistent with this Act; and
22 (m) exercise such other powers as are necessary or
23 incidental to the administration of this Act or
24 performance of duties under this Act.
25 (Source: P.A. 88-93; revised 10-31-98.)
26 Section 175. The Blighted Areas Redevelopment Act of
27 1947 is amended by changing Section 3 as follows:
28 (315 ILCS 5/3) (from Ch. 67 1/2, par. 65)
29 Sec. 3. Definitions. The following terms, wherever used
30 or referred to in this Act shall have the following
31 respective meanings, unless in any case a different meaning
32 clearly appears from the context:
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1 (a) "Commission" means a Land Clearance Commission
2 created pursuant to this Act or heretofore created pursuant
3 to "An Act to promote the improvement of housing," approved
4 July 26, 1945.
5 (b) "Commissioner" or "Commissioners" shall mean a
6 Commissioner or Commissioners of a Land Clearance Commission.
7 (c) "Department" means the Department of Commerce and
8 Community Affairs".
9 (d) "Authority" or "housing authority" shall mean a
10 housing authority organized in accordance with the provisions
11 of the Housing Authorities Act "An Act in relation to housing
12 authorities", approved March 19, 1934, as amended.
13 (e) "Municipality" shall mean a city, village or
14 incorporated town.
15 (f) "Presiding officer" shall mean the presiding officer
16 of the board of a county, or the mayor or president of a
17 city, village or incorporated town, as the case may be, for
18 which a Land Clearance Commission is created.
19 (g) The term "governing body" shall mean the council or
20 the president and board of trustees of any city, village or
21 incorporated town, as the case may be, and the county board
22 of any county.
23 (h) "Area of operation" shall mean (1) in the case of a
24 Land Clearance Commission created for a municipality, the
25 area within the territorial boundaries of said municipality;
26 and (2) in the case of a county shall include the areas
27 within the territorial boundaries of all municipalities
28 within such county, except the area of any municipality
29 located therein in which there has been created a Land
30 Clearance Commission or a Department of Urban Renewal
31 pursuant to the provisions of the "Urban Renewal
32 Consolidation Act of 1961", enacted by the Seventy-Second
33 General Assembly. When a Land Clearance Commission or such a
34 Department of Urban Renewal is created for a municipality
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1 subsequent to the creation of a County land clearance
2 commission whose area of operation of the County land
3 clearance commission shall not thereafter include the
4 territory of such municipality, but the County land clearance
5 commission may continue any redevelopment project previously
6 commenced in such municipality.
7 (i) "Real property" shall include lands, lands under
8 water, structures, and any and all easements, franchises and
9 incorporeal hereditaments and estates, and rights, legal and
10 equitable, including terms for years and liens by way of
11 judgment, mortgage or otherwise.
12 (j) "Slum and Blighted Area" means any area of not less
13 in the aggregate than 2 two (2) acres located within the
14 territorial limits of a municipality where buildings or
15 improvements, by reason of dilapidation, obsolescence,
16 overcrowding, faulty arrangement or design, lack of
17 ventilation, light and sanitary facilities, excessive land
18 coverage, deleterious land use or layout or any combination
19 of these factors, are detrimental to the public safety,
20 health, morals or welfare.
21 (k) "Slum and Blighted Area Redevelopment Project" means
22 a project involving a slum and blighted area as defined in
23 subsection (j) of this Section including undertakings and
24 activities of the Commission in a Slum and Blighted Area
25 Redevelopment Project for the elimination and for the
26 prevention of the development or spread of slums and blight
27 and may involve slum clearance and redevelopment in a Slum
28 and Blighted Area Redevelopment Project, or any combination
29 or part thereof in accordance with an Urban Renewal Program.
30 Such undertakings and activities may include:
31 1. acquisition of a slum area or a blighted area or
32 portion thereof;
33 2. demolition and removal of buildings and
34 improvements;
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1 3. installation, construction or reconstruction of
2 streets, utilities, parks, playgrounds, and other
3 improvements necessary for the carrying out in the Slum
4 and Blighted Area Redevelopment Project the objectives of
5 this Act;
6 4. disposition of any property acquired in the Slum
7 and Blighted Area Redevelopment Project;
8 5. carrying out plans for a program of voluntary
9 repair and rehabilitation of buildings or other
10 improvements in accordance with a redevelopment plan.
11 (l) "Blighted Vacant Area Redevelopment Project" means a
12 project involving (1) predominantly open platted urban or
13 suburban land which because of obsolete platting, diversity
14 of ownership, deterioration of structures or of site
15 improvements, or taxes or special assessment delinquencies
16 exceeding the fair value of the land, substantially impairs
17 or arrests the sound growth of the community and which is to
18 be developed for residential or other use, provided that such
19 a project shall not be developed for other than residential
20 use unless the area, at the time the Commission adopts the
21 resolution approving the plan for the development of the
22 area, is zoned for other than residential use and unless the
23 Commission determines that residential development thereof is
24 not feasible, and such determination is approved by the
25 presiding officer and the governing body of the municipality
26 in which the area is situated and by the Department, or (2)
27 open unplatted urban or suburban land to be developed for
28 predominantly residential uses, or (3) a combination of
29 projects defined in (1) and (2) of this subsection (l).
30 (m) "Redevelopment Project" means a "Slum and Blighted
31 Area Redevelopment Project" or a "Blighted Vacant Area
32 Redevelopment Project", as the case may be, as designated in
33 the determination of the Commission pursuant to Section 13 of
34 this Act, and may include such additional area of not more in
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1 the aggregate than 160 acres (exclusive of the site of any
2 abutting Slum and Blighted Area Redevelopment Project or
3 Blighted Vacant Area Redevelopment Project) located within
4 the territorial limits of the municipality, abutting and
5 adjoining in whole or in part a Slum and Blighted Area
6 Redevelopment Project or Blighted Vacant Area Redevelopment
7 Project, which the land clearance commission deems necessary
8 for the protection and completion of such redevelopment
9 project or projects and of the site improvements to be made
10 therein and which has been approved by the Department and the
11 governing body of the municipality in which the area is
12 situated, but the land clearance commission as to such
13 additional area shall have power only to make studies,
14 surveys and plans concerning services to be performed by the
15 municipality or others, including the extension of project
16 streets and utilities, the provision of parks, playgrounds or
17 schools, and the zoning of such peripheral areas.
18 (n) "Match" and any other form of said word when used
19 with reference to the matching of moneys means match on a
20 dollar for dollar basis.
21 (Source: P.A. 81-1509; revised 10-31-98.)
22 Section 176. The Blighted Vacant Areas Development Act
23 of 1949 is amended by changing Section 6 as follows:
24 (315 ILCS 10/6) (from Ch. 67 1/2, par. 91.6)
25 Sec. 6. Sale of land.) After title to the site is
26 vested in the State of Illinois, the State of Illinois,
27 acting through the Governor and the Secretary of State, shall
28 sign, seal, and deliver a deed conveying the site to the
29 developer or his heirs, legatees, successors or assigns, in
30 consideration of the offer of the developer, provided that:
31 (a) The plans of development have been approved by the
32 corporate authorities of the municipality in which the site
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1 is located, or by the corporate authorities of the county
2 where the site is located in an unincorporated area.
3 (b) The developer has satisfied the Department that the
4 completion of development will be accomplished within a
5 reasonable time after title to the site has been acquired
6 from the State of Illinois by depositing bond with surety to
7 be approved by the Department, or making a cash deposit, in
8 either case in such amount as shall be deemed adequate by the
9 Department. Such bonds shall designate the People of the
10 State of Illinois as obligee thereunder and the developer as
11 obligor thereon, and shall be conditioned upon completion of
12 development by the developer in accordance with the plans of
13 development, or such revisions therein as may be approved by
14 the Department, within a period to be specified by the
15 Department or any subsequent extension of this period by the
16 Department.
17 Such bond shall be in substantially the following form:
18 "We, A.B., C.D., and E.F., of the County of .... and State
19 of Illinois, as principals, and .... as surety, are
20 obligated to the People of the State of Illinois in the penal
21 sum of $...., lawful money of the United States, for the
22 payment of which we and each of us obligate ourselves and our
23 heirs, executors, administrators and assigns jointly.
24 The condition of this bond is such that if the above
25 stated A.B., C.D., and E.F., shall complete development of a
26 site located at .... in accordance with plans of development
27 submitted to the Department on (insert date), ...., 19.., or
28 in accordance with such revisions of such plans of
29 development as may hereafter be approved by the Department,
30 such completion of development to be within a period of ....
31 years, or any subsequent extension of this period by the
32 Department, then this obligation is void; otherwise it
33 remains in full force and effect.
34 Dated (insert date). ............... 19
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1 Signature of A.B. ___________
2 Signature of C.D. ___________
3 Signature of E.F. ___________"
4 The bond shall be signed by the principals and sureties
5 and after approval by the Department shall be filed and
6 recorded by the Department.
7 (Source: P.A. 84-1308; revised 10-20-98.)
8 Section 177. The Neighborhood Redevelopment Corporation
9 Law is amended by changing Section 37 as follows:
10 (315 ILCS 20/37) (from Ch. 67 1/2, par. 287)
11 Sec. 37. Determination of development cost.
12 (1) The Redevelopment Commission shall upon the issuance
13 of a certificate of convenience and necessity pursuant to
14 Section 18 of this Act (unless the order by virtue of which
15 the certificate was issued has been suspended pursuant to
16 subsection paragraph (2) of Section 33 of this Act) proceed
17 to a prospective determination of the Development Cost of the
18 Development. In connection with such determination the
19 Redevelopment Commission shall hold a hearing and may make
20 such inquiry or investigation, and examine such witnesses,
21 books, papers, accounts, documents and contracts and require
22 the filing of such data, as it may deem of assistance. The
23 Redevelopment Commission shall require the Neighborhood
24 Redevelopment Corporation to disclose every interest of its
25 directors in any transaction under investigation. The
26 Redevelopment Commission shall have power to investigate all
27 such transactions and inquire into the good faith thereof, to
28 examine books, papers, accounts, documents and contracts of
29 Neighborhood Redevelopment Corporations, construction
30 companies or other companies or of firms and individuals with
31 whom the Neighborhood Redevelopment Corporation shall have or
32 shall have had financial transactions, for the purpose of
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1 enabling it to verify any statements furnished, and to
2 examine into the cost of Real Property acquired or proposed
3 to be acquired by such Neighborhood Redevelopment
4 Corporation. Upon the conclusion of the hearing, the
5 Redevelopment Commission shall determine of its own judgment
6 the prospective Development Cost and shall issue to the
7 Neighborhood Redevelopment Corporation a certificate stating
8 the amount thereof as so determined. The amount as so
9 determined shall thereafter be conclusive upon the
10 Redevelopment Commission.
11 (2) A Neighborhood Redevelopment Corporation may, at any
12 time, whether prior or subsequent to the completion of its
13 Development, whenever it appears that the actual Development
14 Cost will be greater in amount than the prospective
15 determination thereof made pursuant to subsection paragraph (
16 1) of this Section, apply to the Redevelopment Commission for
17 a determination of additional Development Cost. The
18 Redevelopment Commission shall, upon such application,
19 proceed to the determination thereof, in the same manner and
20 with the same authority as provided by subsection paragraph (
21 1) of this Section. Upon the conclusion of its hearing and
22 the determination of the application, the Redevelopment
23 Commission shall issue to the Neighborhood Redevelopment
24 Corporation a certificate stating the amount of the
25 additional Development Cost, if any. The additional amount as
26 so determined shall thereafter be conclusive upon the
27 Redevelopment Commission.
28 (Source: Laws 1941, vol. 1, p. 431; revised 10-31-98.)
29 Section 178. The Urban Community Conservation Act is
30 amended by changing Section 8 as follows:
31 (315 ILCS 25/8) (from Ch. 67 1/2, par. 91.15)
32 Sec. 8. Inconsistent provisions. Insofar as the
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1 provisions of this Act article are inconsistent with the
2 provisions of any other law, the provisions of this Act
3 article shall be controlling.
4 (Source: Laws 1953, p. 1240; revised 10-31-98.)
5 Section 179. The Respite Program Act is amended by
6 changing Section 2 as follows:
7 (320 ILCS 10/2) (from Ch. 23, par. 6202)
8 Sec. 2. Definitions. As used in this Act:
9 (1) "Respite care" means the provision of intermittent
10 and temporary substitute care or supervision of frail or
11 abused or functionally disabled or cognitively impaired older
12 adults on behalf of and in the absence of the primary
13 care-giver, for the purpose of providing relief from the
14 stress or responsibilities concomitant with providing
15 constant care, so as to enable the care-giver to continue the
16 provision of care in the home. Respite care should be
17 available to sustain the primary care-giver throughout the
18 period of care-giving, which can vary from several months to
19 a number of years. Respite care can be provided in the home,
20 in a community based day care setting during the day,
21 overnight, or for more extended periods of time on a
22 temporary basis.
23 (2) "Care-giver" shall mean the family member or other
24 natural person who normally provides the daily care or
25 supervision of a frail, abused or disabled elderly adult.
26 Such care-giver may, but need not, reside in the same
27 household as the frail or disabled adult.
28 (3) "Provider" shall mean any entity enumerated in
29 paragraph (1) of this Section which is the supplier of
30 services providing respite.
31 (4) "Sponsor" shall mean the provider, public agency or
32 community group approved by the Director which establishes a
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1 contractual relationship with the Department for the purposes
2 of providing services to persons under this Act, and which is
3 responsible for the recruitment of providers, the
4 coordination and arrangement of provider services in a manner
5 which meets client needs, the general supervision of the
6 local program, and the submission of such information or
7 reports as may be required by the Director.
8 (5) "Director" shall mean the Director on Aging.
9 (6) "Department" shall mean the Department on Aging.
10 (7) "Abused" shall have the same meaning ascribed to it
11 in Section 103 of the Illinois Domestic Violence Act of 1986,
12 Illinois Nursing and
28 Advanced Practice Nursing Act of 1987, the Nursing Home
29 Administrators Licensing and Disciplinary Act, the
30 Illinois Occupational Therapy Practice Act, the Illinois
31 Optometric Practice Act of 1987, the Pharmacy Practice
32 Act of 1987, the Illinois Physical Therapy Act, the
33 Physician Assistant Practice Act of 1987, the Podiatric
34 Medical Practice Act of 1987, the Professional Counselor
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1 and Clinical Professional Counselor Licensing Act, the
2 Illinois Speech-Language Pathology and Audiology Practice
3 Act, the Veterinary Medicine and Surgery Practice Act of
4 1994, and the Illinois Public Accounting Act;
5 (2) an employee of a vocational rehabilitation
6 facility prescribed or supervised by the Department of
7 Human Services;
8 (3) an administrator, employee, or person providing
9 services in or through an unlicensed community based
10 facility;
11 (4) a Christian Science Practitioner;
12 (5) field personnel of the Department of Public
13 Aid, Department of Public Health, and Department of Human
14 Services, and any county or municipal health department;
15 (6) personnel of the Department of Human Services,
16 the Guardianship and Advocacy Commission, the State Fire
17 Marshal, local fire departments, the Department on Aging
18 and its subsidiary Area Agencies on Aging and provider
19 agencies, and the Office of State Long Term Care
20 Ombudsman;
21 (7) any employee of the State of Illinois not
22 otherwise specified herein who is involved in providing
23 services to eligible adults, including professionals
24 providing medical or rehabilitation services and all
25 other persons having direct contact with eligible adults;
26 or
27 (9) a person who performs the duties of a coroner
28 or medical examiner.
29 (g) "Neglect" means another individual's failure to
30 provide an eligible adult with or willful withholding from an
31 eligible adult the necessities of life including, but not
32 limited to, food, clothing, shelter or medical care. This
33 subsection does not create any new affirmative duty to
34 provide support to eligible adults. Nothing in this Act
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1 shall be construed to mean that an eligible adult is a victim
2 of neglect because of health care services provided or not
3 provided by licensed health care professionals.
4 (h) "Provider agency" means any public or nonprofit
5 agency in a planning and service area appointed by the
6 regional administrative agency with prior approval by the
7 Department on Aging to receive and assess reports of alleged
8 or suspected abuse, neglect, or financial exploitation.
9 (i) "Regional administrative agency" means any public or
10 nonprofit agency in a planning and service area so designated
11 by the Department, provided that the designated Area Agency
12 on Aging shall be designated the regional administrative
13 agency if it so requests. The Department shall assume the
14 functions of the regional administrative agency for any
15 planning and service area where another agency is not so
16 designated.
17 (j) "Substantiated case" means a reported case of
18 alleged or suspected abuse, neglect, or financial
19 exploitation in which a provider agency, after assessment,
20 determines that there is reason to believe abuse, neglect, or
21 financial exploitation has occurred.
22 (Source: P.A. 90-628, eff. 1-1-99; revised 9-24-98.)
23 Section 181. The Senior Citizens and Disabled Persons
24 Property Tax Relief and Pharmaceutical Assistance Act is
25 amended by changing Sections 3.09, 4, and 6 as follows:
26 (320 ILCS 25/3.09) (from Ch. 67 1/2, par. 403.09)
27 Sec. 3.09. "Property taxes accrued" means the ad valorem
28 property taxes extended against a residence, but does not
29 include special assessments, interest or charges for service.
30 In the case of real estate improved with a multidwelling or
31 multipurpose building, "property taxes accrued" extended
32 against a residence within such a building is an amount equal
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1 to the same percentage of the total property taxes extended
2 against that real estate as improved as the value of the
3 residence is to the total value of the building. If the
4 multidwelling building is owned and operated as a
5 cooperative, the value of an individual residence is the
6 value of the interest in the cooperative held by the owner of
7 record of the legal or equitable interest, other than a
8 leasehold interest, in the cooperative which confers the
9 right to occupy that residence. In determining the amount of
10 grant under Section 4 for 1976 and thereafter, the applicable
11 "property taxes accrued", as determined under this Section,
12 are those payable or paid in the last preceding taxable year.
13 In addition, if the residence is a mobile home as defined
14 in and subject to the tax imposed by the Mobile Home Local
15 Services Tax Act "An Act to provide for a privilege tax on
16 mobile homes", approved August 28, 1973, "property taxes
17 accrued" includes the amount of privilege tax paid during the
18 calendar year for which benefits are claimed under that Act
19 on that mobile home.
20 (Source: P.A. 79-1049; revised 10-31-98.)
21 (320 ILCS 25/4) (from Ch. 67 1/2, par. 404)
22 Sec. 4. Amount of Grant.
23 (a) In general. Any individual 65 years or older or any
24 individual who will become 65 years old during the calendar
25 year in which a claim is filed, and any surviving spouse of
26 such a claimant, who at the time of death received or was
27 entitled to receive a grant pursuant to this Section, which
28 surviving spouse will become 65 years of age within the 24
29 months immediately following the death of such claimant and
30 which surviving spouse but for his or her age is otherwise
31 qualified to receive a grant pursuant to this Section, and
32 any disabled person whose annual household income is less
33 than $14,000 for grant years before the 1998 grant year and
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1 less than $16,000 for the 1998 grant year and thereafter and
2 whose household is liable for payment of property taxes
3 accrued or has paid rent constituting property taxes accrued
4 and is domiciled in this State at the time he files his claim
5 is entitled to claim a grant under this Act. With respect to
6 claims filed by individuals who will become 65 years old
7 during the calendar year in which a claim is filed, the
8 amount of any grant to which that household is entitled shall
9 be an amount equal to 1/12 of the amount to which the
10 claimant would otherwise be entitled as provided in this
11 Section, multiplied by the number of months in which the
12 claimant was 65 in the calendar year in which the claim is
13 filed.
14 (b) Limitation. Except as otherwise provided in
15 subsections (a) and (f) of this Section, the maximum amount
16 of grant which a claimant is entitled to claim is the amount
17 by which the property taxes accrued which were paid or
18 payable during the last preceding tax year or rent
19 constituting property taxes accrued upon the claimant's
20 residence for the last preceding taxable year exceeds 3 1/2%
21 of the claimant's household income for that year but in no
22 event is the grant to exceed (i) $700 less 4.5% of household
23 income for that year for those with a household income of
24 $14,000 or less or (ii) $70 if household income for that year
25 is more than $14,000 but less than $16,000.
26 (c) Public aid recipients. If household income in one
27 or more months during a year includes cash assistance in
28 excess of $55 per month from the Department of Public Aid or
29 the Department of Human Services (acting as successor to the
30 Department of Public Aid under the Department of Human
31 Services Act) which was determined under regulations of that
32 Department on a measure of need that included an allowance
33 for actual rent or property taxes paid by the recipient of
34 that assistance, the amount of grant to which that household
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1 is entitled, except as otherwise provided in subsection (a),
2 shall be the product of (1) the maximum amount computed as
3 specified in subsection (b) of this Section and (2) the ratio
4 of the number of months in which household income did not
5 include such cash assistance over $55 to the number twelve.
6 If household income did not include such cash assistance over
7 $55 for any months during the year, the amount of the grant
8 to which the household is entitled shall be the maximum
9 amount computed as specified in subsection (b) of this
10 Section. For purposes of this paragraph (c), "cash
11 assistance" does not include any amount received under the
12 federal Supplemental Security Income (SSI) program.
13 (d) Joint ownership. If title to the residence is held
14 jointly by the claimant with a person who is not a member of
15 his household, the amount of property taxes accrued used in
16 computing the amount of grant to which he is entitled shall
17 be the same percentage of property taxes accrued as is the
18 percentage of ownership held by the claimant in the
19 residence.
20 (e) More than one residence. If a claimant has occupied
21 more than one residence in the taxable year, he may claim
22 only one residence for any part of a month. In the case of
23 property taxes accrued, he shall pro rate 1/12 of the total
24 property taxes accrued on his residence to each month that he
25 owned and occupied that residence; and, in the case of rent
26 constituting property taxes accrued, shall pro rate each
27 month's rent payments to the residence actually occupied
28 during that month.
29 (f) There is hereby established a program of
30 pharmaceutical assistance to the aged and disabled which
31 shall be administered by the Department in accordance with
32 this Act, to consist of payments to authorized pharmacies, on
33 behalf of beneficiaries of the program, for the reasonable
34 costs of covered prescription drugs. Each beneficiary who
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1 pays $40 for an identification card shall pay the first $15
2 of prescription costs each month. Each beneficiary who pays
3 $80 for an identification card shall pay the first $25 of
4 prescription costs each month. In addition, after a
5 beneficiary receives $800 in benefits during a State fiscal
6 year, that beneficiary shall also be charged 20% of the cost
7 of each prescription for which payments are made by the
8 program during the remainder of the fiscal year. To become a
9 beneficiary under this program a person must be: (1) (i) 65
10 years or older, or (ii) the surviving spouse of such a
11 claimant, who at the time of death received or was entitled
12 to receive benefits pursuant to this subsection, which
13 surviving spouse will become 65 years of age within the 24
14 months immediately following the death of such claimant and
15 which surviving spouse but for his or her age is otherwise
16 qualified to receive benefits pursuant to this subsection, or
17 (iii) disabled, and (2) is domiciled in this State at the
18 time he files his or her claim, and (3) has a maximum
19 household income of less than $14,000 for grant years before
20 the 1998 grant year and less than $16,000 for the 1998 grant
21 year and thereafter. In addition, each eligible person must
22 (1) obtain an identification card from the Department, (2) at
23 the time the card is obtained, sign a statement assigning to
24 the State of Illinois benefits which may be otherwise claimed
25 under any private insurance plans, (3) present the
26 identification card to the dispensing pharmacist.
27 Any person otherwise eligible for pharmaceutical
28 assistance under this Act whose covered drugs are covered by
29 any public program for assistance in purchasing any covered
30 prescription drugs shall be ineligible for assistance under
31 this Act to the extent such costs are covered by such other
32 plan.
33 The fee to be charged by the Department for the
34 identification card shall be equal to $40 for persons below
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1 the official poverty line as defined by the United States
2 Department of Health and Human Services and $80 for all other
3 persons.
4 In the event that 2 or more persons are eligible for any
5 benefit under this Act, and are members of the same
6 household, (1) each such person shall be entitled to
7 participate in the pharmaceutical assistance program,
8 provided that he or she meets all other requirements imposed
9 by this subsection and (2) each participating household
10 member contributes the fee required for that person by the
11 preceding paragraph for the purpose of obtaining an
12 identification card. Persons eligible for any benefit under
13 this Act due to become 65 in calendar year 1984 or any
14 subsequent calendar year in which a claim is filed are
15 excluded from the benefit prescribed in this subsection (f)
16 (g) for the calendar year in which they become 65.
17 (Source: P.A. 89-507, eff. 7-1-97; 90-650, eff. 7-27-98;
18 revised 11-18-98.)
19 (320 ILCS 25/6) (from Ch. 67 1/2, par. 406)
20 Sec. 6. Administration.
21 (a) In general. Upon receipt of a timely filed claim,
22 the Department shall determine whether the claimant is a
23 person entitled to a grant under this Act and the amount of
24 grant to which he is entitled under this Act. The Department
25 may require the claimant to furnish reasonable proof of the
26 statements of domicile, household income, rent paid, property
27 taxes accrued and other matters on which entitlement is
28 based, and may withhold payment of a grant until such
29 additional proof is furnished.
30 (b) Rental determination. If the Department finds that
31 the gross rent used in the computation by a claimant of rent
32 constituting property taxes accrued exceeds the fair rental
33 value for the right to occupy that residence, the Department
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1 may determine the fair rental value for that residence and
2 recompute rent constituting property taxes accrued
3 accordingly.
4 (c) Fraudulent claims. The Department shall deny claims
5 which have been fraudulently prepared or when it finds that
6 the claimant has acquired title to his residence or has paid
7 rent for his residence primarily for the purpose of receiving
8 a grant under this Act.
9 (d) Pharmaceutical Assistance. The Department shall
10 allow all pharmacies licensed under the Pharmacy Practice Act
11 to participate as authorized pharmacies unless they have been
12 removed from that status for cause pursuant to the terms of
13 this Section. The Director of the Department may enter into
14 a written contract with any State agency, instrumentality or
15 political subdivision, or a fiscal intermediary for the
16 purpose of making payments to authorized pharmacies for
17 covered prescription drugs and coordinating the program of
18 pharmaceutical assistance established by this Act with other
19 programs that provide payment for covered prescription drugs.
20 Such agreement shall establish procedures for properly
21 contracting for pharmacy services, validating reimbursement
22 claims, validating compliance of dispensing pharmacists with
23 the contracts for participation required under this Section,
24 validating the reasonable costs of covered prescription
25 drugs, and otherwise providing for the effective
26 administration of this Act.
27 The Department shall promulgate rules and regulations to
28 implement and administer the program of pharmaceutical
29 assistance required by this Act, which shall include the
30 following:
31 (1) Execution of contracts with pharmacies to
32 dispense covered prescription drugs. Such contracts shall
33 stipulate terms and conditions for authorized pharmacies
34 participation and the rights of the State to terminate
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1 such participation for breach of such contract or for
2 violation of this Act or related rules and regulations of
3 the Department;
4 (2) Establishment of maximum limits on the size of
5 prescriptions, new or refilled, which shall be in amounts
6 sufficient for 34 days, except as otherwise specified by
7 rule for medical or utilization control reasons;
8 (3) Establishment of liens upon any and all causes
9 of action which accrue to a beneficiary as a result of
10 injuries for which covered prescription drugs are
11 directly or indirectly required and for which the
12 Director made payment or became liable for under this
13 Act;
14 (4) Charge or collection of payments from third
15 parties or private plans of assistance, or from other
16 programs of public assistance for any claim that is
17 properly chargeable under the assignment of benefits
18 executed by beneficiaries as a requirement of eligibility
19 for the pharmaceutical assistance identification card
20 under this Act;
21 (5) Inspection of appropriate records and audit of
22 participating authorized pharmacies to ensure contract
23 compliance, and to determine any fraudulent transactions
24 or practices under this Act;
25 (6) Annual determination of the reasonable costs of
26 covered prescription drugs for which payments are made
27 under this Act, as provided in Section 3.16;
28 (7) Payment to pharmacies under this Act in
29 accordance with the State Prompt Payment Act "An Act to
30 require prompt payments by the State of Illinois for
31 goods and services", approved December 19, 1975.
32 The Department shall annually report to the Governor and
33 the General Assembly by March 1st of each year on the
34 administration of pharmaceutical assistance under this Act.
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1 By the effective date of this Act the Department shall
2 determine the reasonable costs of covered prescription drugs
3 in accordance with Section 3.16 3-16 of this Act.
4 (Source: P.A. 85-797; revised 10-31-98.)
5 Section 182. The Senior Citizens Real Estate Tax
6 Deferral Act is amended by changing Section 3 as follows:
7 (320 ILCS 30/3) (from Ch. 67 1/2, par. 453)
8 Sec. 3. A taxpayer may, on or before March 1 of each
9 year, apply to the county collector of the county where his
10 qualifying property is located, or to the official designated
11 by a unit of local government to collect special assessments
12 on the qualifying property, as the case may be, for a
13 deferral of all or a part of real estate taxes payable during
14 that year for the preceding year in the case of real estate
15 taxes other than special assessments, or for a deferral of
16 any installments payable during that year in the case of
17 special assessments, on all or part of his qualifying
18 property. The application shall be on a form prescribed by
19 the Department and furnished by the collector, (a) showing
20 that (a) the applicant will be 65 years of age or older by
21 June 1 of the year for which a tax deferral is claimed, (b)
22 describing the property and verifying that the property is
23 qualifying property as defined in Section 2, (c) certifying
24 that the taxpayer has owned and occupied as his residence
25 such property or other qualifying property in the State for
26 at least the last 3 years except for any periods during which
27 the taxpayer may have temporarily resided in a nursing or
28 sheltered care home, and (d) specifying whether the deferral
29 is for all or a part of the taxes, and, if for a part, the
30 amount of deferral applied for. As to qualifying property not
31 having a separate assessed valuation, the taxpayer shall also
32 file with the county collector a written appraisal of the
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1 property prepared by a qualified real estate appraiser
2 together with a certificate signed by the appraiser stating
3 that he has personally examined the property and setting
4 forth the value of the land and the value of the buildings
5 thereon occupied by the taxpayer as his residence.
6 The collector shall grant the tax deferral provided such
7 deferral does not exceed funds available in the Senior
8 Citizens Real Estate Deferred Tax Revolving Fund and provided
9 that the owner or owners of such real property have entered
10 into a tax deferral and recovery agreement with the collector
11 on behalf of the county or other unit of local government,
12 which agreement expressly states:
13 (1) That the total amount of taxes deferred under this
14 Act, plus interest, for the year for which a tax deferral is
15 claimed as well as for those previous years for which taxes
16 are not delinquent and for which such deferral has been
17 claimed may not exceed 80% of the taxpayer's equity interest
18 in the property for which taxes are to be deferred and that,
19 if the total deferred taxes plus interest equals 80% of the
20 taxpayer's equity interest in the property, the taxpayer
21 shall thereafter pay the annual interest due on such deferred
22 taxes plus interest so that total deferred taxes plus
23 interest will not exceed such 80% of the taxpayer's equity
24 interest in the property.;
25 (2) That any real estate taxes deferred under this Act
26 and any interest accrued thereon at the rate of 6% per year
27 are a lien on the real estate and improvements thereon until
28 paid. No sale or transfer of such real property may be
29 legally closed and recorded until the taxes which would
30 otherwise have been due on the property, plus accrued
31 interest, have been paid unless the collector certifies in
32 writing that an arrangement for prompt payment of the amount
33 due has been made with his office. The same shall apply if
34 the property is to be made the subject of a contract of sale.
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1 (3) That upon the death of the taxpayer claiming the
2 deferral the heirs-at-law, assignees or legatees shall have
3 first priority to the real property upon which taxes have
4 been deferred by paying in full the total taxes which would
5 otherwise have been due, plus interest. However, if such
6 heir-at-law, assignee, or legatee is a surviving spouse, the
7 tax deferred status of the property shall be continued during
8 the life of that surviving spouse if the spouse is 55 years
9 of age or older within 6 months of the date of death of the
10 taxpayer and enters into a tax deferral and recovery
11 agreement before the time when deferred taxes become due
12 under this Section. Any additional taxes deferred, plus
13 interest, on the real property under a tax deferral and
14 recovery agreement signed by a surviving spouse shall be
15 added to the taxes and interest which would otherwise have
16 been due, and the payment of which has been postponed during
17 the life of such surviving spouse, in determining the 80%
18 equity requirement provided by this Section.
19 (4) That if the taxes due, plus interest, are not paid
20 by the heir-at-law, assignee or legatee or if payment is not
21 postponed during the life of a surviving spouse, the deferred
22 taxes and interest shall be recovered from the estate of the
23 taxpayer within one year of the date of his death. In
24 addition, deferred real estate taxes and any interest accrued
25 thereon are due within 90 days after any tax deferred
26 property ceases to be qualifying property as defined in
27 Section 2.
28 If payment is not made when required by this Section,
29 foreclosure proceedings may be instituted under the Property
30 Tax Code.
31 (5) That any joint owner has given written prior
32 approval for such agreement, which written approval shall be
33 made a part of such agreement.
34 (6) That a guardian for a person under legal disability
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1 appointed for a taxpayer who otherwise qualifies under this
2 Act may act for the taxpayer in complying with this Act.
3 (7) That a taxpayer or his agent has provided to the
4 satisfaction of the collector, sufficient evidence that the
5 qualifying property on which the taxes are to be deferred is
6 insured against fire or casualty loss for at least the total
7 amount of taxes which have been deferred.
8 If the taxes to be deferred are special assessments, the
9 unit of local government making the assessments shall forward
10 a copy of the agreement entered into pursuant to this Section
11 and the bills for such assessments to the county collector of
12 the county in which the qualifying property is located.
13 (Source: P.A. 90-170, eff. 7-23-97; revised 10-31-98.)
14 Section 183. The Abused and Neglected Child Reporting
15 Act is amended by changing Section 11.1 as follows:
16 (325 ILCS 5/11.1) (from Ch. 23, par. 2061.1)
17 Sec. 11.1. Access to records.
18 (a) A person shall have access to the records described
19 in Section 11 only in furtherance of purposes directly
20 connected with the administration of this Act or the
21 Intergovernmental Missing Child Recovery Act of 1984. Those
22 persons and purposes for access include:
23 (1) Department staff in the furtherance of their
24 responsibilities under this Act, or for the purpose of
25 completing background investigations on persons or
26 agencies licensed by the Department or with whom the
27 Department contracts for the provision of child welfare
28 services.
29 (2) A law enforcement agency investigating known or
30 suspected child abuse or neglect, known or suspected
31 involvement with child pornography, known or suspected
32 criminal sexual assault, known or suspected criminal
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1 sexual abuse, or any other sexual offense when a child is
2 alleged to be involved.
3 (3) The Department of State Police when
4 administering the provisions of the Intergovernmental
5 Missing Child Recovery Act of 1984.
6 (4) A physician who has before him a child whom he
7 reasonably suspects may be abused or neglected.
8 (5) A person authorized under Section 5 of this Act
9 to place a child in temporary protective custody when
10 such person requires the information in the report or
11 record to determine whether to place the child in
12 temporary protective custody.
13 (6) A person having the legal responsibility or
14 authorization to care for, treat, or supervise a child or
15 a parent, guardian, or other person responsible for the
16 child's welfare who is the subject of a report.
17 (7) Except in regard to harmful or detrimental
18 information as provided in Section 7.19, any subject of
19 the report, and if the subject of the report is a minor,
20 his guardian or guardian ad litem.
21 (8) A court, upon its finding that access to such
22 records may be necessary for the determination of an
23 issue before such court; however, such access shall be
24 limited to in camera inspection, unless the court
25 determines that public disclosure of the information
26 contained therein is necessary for the resolution of an
27 issue then pending before it.
28 (8.1) A probation officer or other authorized
29 representative of a probation or court services
30 department conducting an investigation ordered by a court
31 under the Juvenile Court Act of l987.
32 (9) A grand jury, upon its determination that
33 access to such records is necessary in the conduct of its
34 official business.
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1 (10) Any person authorized by the Director, in
2 writing, for audit or bona fide research purposes.
3 (11) Law enforcement agencies, coroners or medical
4 examiners, physicians, courts, school superintendents and
5 child welfare agencies in other states who are
6 responsible for child abuse or neglect investigations or
7 background investigations.
8 (12) The Department of Professional Regulation, the
9 State Board of Education and school superintendents in
10 Illinois, who may use or disclose information from the
11 records as they deem necessary to conduct investigations
12 or take disciplinary action, as provided by law.
13 (13) A coroner or medical examiner who has reason
14 to believe that a child has died as the result of abuse
15 or neglect.
16 (14) The Director of a State-operated facility when
17 an employee of that facility is the perpetrator in an
18 indicated report.
19 (15) The operator of a licensed child care facility
20 or a facility licensed by the Department of Human
21 Services (as successor to the Department of Alcoholism
22 and Substance Abuse) in which children reside when a
23 current or prospective employee of that facility is the
24 perpetrator in an indicated child abuse or neglect
25 report, pursuant to Section 4.3 of the Child Care Act of
26 1969.
27 (16) Members of a multidisciplinary team in the
28 furtherance of its responsibilities under subsection (b)
29 of Section 7.1. All reports concerning child abuse and
30 neglect made available to members of such
31 multidisciplinary teams and all records generated as a
32 result of such reports shall be confidential and shall
33 not be disclosed, except as specifically authorized by
34 this Act or other applicable law. It is a Class A
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1 misdemeanor to permit, assist or encourage the
2 unauthorized release of any information contained in such
3 reports or records. Nothing contained in this Section
4 prevents the sharing of reports or records relating or
5 pertaining to the death of a minor under the care of or
6 receiving services from the Department of Children and
7 Family Services and under the jurisdiction of the
8 juvenile court with the juvenile court, the State's
9 Attorney, and the minor's attorney.
10 (17) The Department of Human Services, as provided
11 in Section 17 of the Disabled Persons Rehabilitation Act.
12 (18) Any other agency or investigative body,
13 including the Department of Public Health and a local
14 board of health, authorized by State law to conduct an
15 investigation into the quality of care provided to
16 children in hospitals and other State regulated care
17 facilities. The access to and release of information
18 from such records shall be subject to the approval of the
19 Director of the Department or his designee.
20 (19) The person appointed, under Section 2-17 of
21 the Juvenile Court Act of 1987, as the guardian ad litem
22 of a minor who is the subject of a report or records
23 under this Act.
24 (b) (20) Nothing contained in this Act prevents the
25 sharing or disclosure of information or records relating or
26 pertaining to juveniles subject to the provisions of the
27 Serious Habitual Offender Comprehensive Action Program when
28 that information is used to assist in the early
29 identification and treatment of habitual juvenile offenders.
30 (c) (21) To the extent that persons or agencies are
31 given access to information pursuant to this Section, those
32 persons or agencies may give this information to and receive
33 this information from each other in order to facilitate an
34 investigation conducted by those persons or agencies.
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1 (Source: P.A. 89-507, eff. 7-1-97; 90-15, eff. 6-13-97;
2 revised 10-31-98.)
3 Section 184. The Early Intervention Services System Act
4 is amended by changing Section 4 as follows:
5 (325 ILCS 20/4) (from Ch. 23, par. 4154)
6 Sec. 4. Illinois Interagency Council on Early
7 Intervention.
8 (a) There is established the Illinois Interagency
9 Council on Early Intervention. The Council shall be composed
10 of at least 15 but not more than 25 members. The members of
11 the Council and the designated chairperson of the Council
12 shall be appointed by the Governor. The Council member
13 representing the lead agency may not serve as chairperson of
14 the Council. The Council shall be composed of the following
15 members:
16 (1) The Secretary of Human Services (or his or her
17 designee) and 2 additional representatives of the
18 Department of Human Services designated by the Secretary,
19 plus the Directors (or their designees) of the following
20 State agencies involved in the provision of or payment
21 for early intervention services to eligible infants and
22 toddlers and their families:
23 (A) Illinois State Board of Education;
24 (B) (Blank);
25 (C) (Blank);
26 (D) Illinois Department of Children and Family
27 Services;
28 (E) University of Illinois Division of
29 Specialized Care for Children;
30 (F) Illinois Department of Public Aid;
31 (G) Illinois Department of Public Health;
32 (H) (Blank);
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1 (I) Illinois Planning Council on Developmental
2 Disabilities; and
3 (J) Illinois Department of Insurance.
4 (2) Other members as follows:
5 (A) At least 20% of the members of the Council
6 shall be parents, including minority parents, of
7 infants or toddlers with disabilities or children
8 with disabilities aged 12 or younger, with knowledge
9 of, or experience with, programs for infants and
10 toddlers with disabilities. At least one such
11 member shall be a parent of an infant or toddler
12 with a disability or a child with a disability aged
13 6 or younger;
14 (B) At least 20% of the members of the Council
15 shall be public or private providers of early
16 intervention services;
17 (C) One member shall be a representative of
18 the General Assembly; and
19 (D) One member shall be involved in the
20 preparation of professional personnel to serve
21 infants and toddlers similar to those eligible for
22 services under this Act.
23 The Council shall meet at least quarterly and in such
24 places as it deems necessary. Terms of the initial members
25 appointed under paragraph (2) shall be determined by lot at
26 the first Council meeting as follows: of the persons
27 appointed under subparagraphs (A) and (B), one-third shall
28 serve one year terms, one-third shall serve 2 year terms, and
29 one-third shall serve 3 year terms; and of the persons
30 appointed under subparagraphs (C) and (D), one shall serve a
31 2 year term and one shall serve a 3 year term. Thereafter,
32 successors appointed under paragraph (2) shall serve 3 year
33 terms. Once appointed, members shall continue to serve until
34 their successors are appointed. No member shall be appointed
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1 to serve more than 2 consecutive terms.
2 Council members shall serve without compensation but
3 shall be reimbursed for reasonable costs incurred in the
4 performance of their duties, including costs related to child
5 care, and parents may be paid a stipend in accordance with
6 applicable requirements.
7 The Council shall prepare and approve a budget using
8 funds appropriated for the purpose to hire staff, and obtain
9 the services of such professional, technical, and clerical
10 personnel as may be necessary to carry out its functions
11 under this Act. This funding support and staff shall be
12 directed by the lead agency.
13 (b) The Council shall:
14 (1) advise and assist the lead agency in the
15 performance of its responsibilities including but not
16 limited to the identification of sources of fiscal and
17 other support services for early intervention programs,
18 and the promotion of interagency agreements which assign
19 financial responsibility to the appropriate agencies;
20 (2) advise and assist the lead agency in the
21 preparation of applications and amendments to
22 applications;
23 (3) review and advise on relevant regulations and
24 standards proposed by the related State agencies;
25 (4) advise and assist the lead agency in the
26 development, implementation and evaluation of the
27 comprehensive early intervention services system; and
28 (5) prepare and submit an annual report to the
29 Governor and to the General Assembly on the status of
30 early intervention programs for eligible infants and
31 toddlers and their families in Illinois. The annual
32 report shall include (i) the estimated number of eligible
33 infants and toddlers in this State, (ii) the number of
34 eligible infants and toddlers who have received services
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1 under this Act and the cost of providing those services,
2 and (iii) the estimated cost of providing services under
3 this Act to all eligible infants and toddlers in this
4 State.
5 No member of the Council shall cast a vote on or
6 participate substantially in any matter which would provide a
7 direct financial benefit to that member or otherwise give the
8 appearance of a conflict of interest under State law. All
9 provisions and reporting requirements of the Illinois
10 Governmental Ethics Act shall apply to Council members.
11 (Source: P.A. 89-294, eff. 1-1-96; 89-507, eff. 7-1-97;
12 89-626, eff. 8-9-96; revised 10-31-98.)
13 Section 185. The Survivors Compensation Act is amended
14 by changing Section 2 as follows:
15 (330 ILCS 100/2) (from Ch. 126 1/2, par. 57.82)
16 Sec. 2. Persons entitled to compensation. The widow or
17 widower, child or children, mother, father, persons standing
18 in loco parentis, brothers and sisters, in the order named,
19 of any deceased person if (a) that person was a resident of
20 Illinois for at least 12 months immediately preceding entry
21 into military service and (b) that person's death was service
22 connected as a result of hostile action with unfriendly
23 forces during a period which has not been recognized by award
24 of a U.S. campaign or service medal, shall be paid $1,000.
25 Where a preceding beneficiary fails to file a claim of
26 compensation after the official notice of death, the
27 Department of Veterans' Affairs may accept applications from
28 succeeding beneficiaries and such beneficiaries may then
29 proceed to qualify upon submission of satisfactory proof of
30 eligibility.
31 (Source: P.A. 85-170; revised 10-31-98.)
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1 Section 186. The Veterans Burial Places Act is amended
2 by changing Section 1 as follows:
3 (330 ILCS 110/1) (from Ch. 21, par. 59a)
4 Sec. 1. For the purpose of locating the burial places of
5 United States War Veterans and reporting to the United States
6 Government under the provisions of the Federal Law respecting
7 the erection of headstones at the graves of United States War
8 Veterans and the erection of memorial markers where the
9 remains of such veterans were not recovered or were buried at
10 sea, the Department of Veterans' Affairs shall maintain a
11 card file Roll of Honor, alphabetically arranged, of all
12 veterans buried in the State or, if no remains were recovered
13 or if such remains were buried at sea, of all the memorial
14 markers for such veterans placed in the State and an
15 additional record by counties showing the burials or memorial
16 markers in each cemetery in each county. The records, so far
17 as obtainable, shall contain the name of the veteran, war
18 served in, his rank, organizations, dates of enlistment and
19 discharge, date of death, description of grave or memorial
20 marker, and name and location of cemetery. It shall also be
21 his duty to prepare requisitions on the Federal Government
22 for headstones or memorial markers when same are desired and
23 to supervise their transportation from the railroad station
24 to and erection at the grave of the veteran or at the site
25 for the erection of a memorial marker if no remains were
26 recovered or if such remains were buried at sea, certifying
27 bills for same for payment.
28 The Department of Veterans' Affairs, shall appoint such
29 additional employees as may be required to maintain the
30 records of War Veterans Graves and Memorial Markers
31 Registration. The appointment of such employees shall not be
32 subject to the provisions of any law relating to civil
33 service or job classification on a merit basis.
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1 "United States War Veterans", for purposes of this Act,
2 means:
3 (1) Soldiers of the Union and Confederate Armies of the
4 Civil War.
5 (2) Members of the Armed Forces of the United States
6 dying in the service and former members whose last service
7 terminated honorably.
8 (3) Persons buried in post and national cemeteries.
9 (4) Members of a reserve component of the Armed Forces
10 of the United States, and members of the Army National Guard
11 or the Air National Guard, whose death occurred under
12 honorable conditions while they were:
13 (a) on active duty for training, or performing
14 full-time service under Section 316, 503, 504, or 505 of
15 Title 32, United States Code;
16 (b) performing authorized travel to or from that
17 duty or service;
18 (c) on authorized inactive duty training, including
19 training performed as members of the Army National Guard
20 or the Air National Guard; or
21 (d) hospitalized or undergoing treatment, at the
22 expense of the United States, for injury or disease
23 contracted or incurred under honorable conditions while
24 they were:
25 (i) on that duty or service;
26 (ii) performing that travel or inactive duty
27 training; or
28 (iii) undergoing that hospitalization or
29 treatment at the expenses of the United States.
30 (5) Members of the Reserve Officers Training Corps of
31 the Army, Navy, or Air Force whose death occurred under
32 honorable conditions while they were:
33 (a) attending an authorized training camp or on an
34 authorized practice cruise;
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1 (b) performing authorized travel to or from that
2 camp or cruise; or
3 (c) hospitalized or undergoing treatment, at the
4 expense of the United States, for injury or disease
5 contracted or incurred under honorable conditions while
6 they were:
7 (i) attending that camp or on that cruise;
8 (ii) performing that travel; or
9 (iii) undergoing that hospitalization or
10 treatment at the expense of the United States.
11 (Source: P.A. 81-167; revised 10-31-98.)
12 Section 187. The Mental Health and Developmental
13 Disabilities Code is amended by changing Sections 2-114,
14 3-202, 4-209, and 4-210 as follows:
15 (405 ILCS 5/2-114) (from Ch. 91 1/2, par. 2-114)
16 Sec. 2-114. (a) Whenever an attorney or other advocate
17 from the Guardianship and Advocacy Commission or the agency
18 designated by the Governor under Section 1 of the Protection
19 and Advocacy for Developmentally Disabled Persons Act "An Act
20 in relation to the protection and advocacy of the rights of
21 persons with developmental disabilities, and amending Acts
22 therein named", approved September 20, 1985, or any other
23 attorney advises a facility in which a recipient is receiving
24 inpatient mental health services that he is presently
25 representing the recipient, or has been appointed by any
26 court or administrative agency to do so or has been requested
27 to represent the recipient by a member of the recipient's
28 family, the facility shall, subject to the provisions of
29 Section 2-113 of this Code, disclose to the attorney or
30 advocate whether the recipient is presently residing in the
31 facility and, if so, how the attorney or advocate may
32 communicate with the recipient.
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1 (b) The facility may take reasonable precautions to
2 identify the attorney or advocate. No further information
3 shall be disclosed to the attorney or advocate except in
4 conformity with the authorization procedures contained in the
5 Mental Health and Developmental Disabilities Confidentiality
6 this Act.
7 (c) Whenever the location of the recipient has been
8 disclosed to an attorney or advocate, the facility director
9 shall inform the recipient of that fact and shall note this
10 disclosure in the recipient's records.
11 (d) An attorney or advocate who receives any information
12 under this Section may not disclose this information to
13 anyone else without the written consent of the recipient
14 obtained pursuant to Section 5 of the Mental Health and
15 Developmental Disabilities Confidentiality Act this Code.
16 (Source: P.A. 86-1417; revised 12-23-98.)
17 (405 ILCS 5/3-202) (from Ch. 91 1/2, par. 3-202)
18 Sec. 3-202. (a) Every mental health facility shall
19 maintain adequate records which shall include the Section of
20 this Chapter under which the recipient was admitted, any
21 subsequent change in the recipient's status, and requisite
22 documentation for such admission and status.
23 (b) Nothing contained in this Chapter shall be construed
24 to limit or otherwise affect the power of any mental health
25 facility to determine the qualifications of persons who may
26 be permitted to admit recipients to such facility. This
27 subsection shall not affect or limit the powers of any court
28 to order hospitalization or of admission to a program of
29 alternative treatment as set forth in this Chapter.
30 (Source: P.A. 88-380; revised 10-31-98.)
31 (405 ILCS 5/4-209) (from Ch. 91 1/2, par. 4-209)
32 Sec. 4-209. (a) Hearings under Sections 4-201.1, 4-312,
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1 4-704 and 4-709 of this Chapter shall be conducted by a
2 utilization review committee. The Secretary shall appoint a
3 utilization review committee at each Department facility.
4 Each such committee shall consist of multi-disciplinary
5 professional staff members who are trained and equipped to
6 deal with the habilitation needs of clients. At least one
7 member of the committee shall be a qualified mental
8 retardation professional. The client and the objector may be
9 represented by persons of their choice.
10 (b) The utilization review committee shall not be bound
11 by rules of evidence or procedure but shall conduct the
12 proceedings in a manner intended to ensure a fair hearing.
13 The committee may make such investigation as it deems
14 necessary. It may administer oaths and compel by subpoena
15 testimony and the production of records. A stenographic or
16 audio recording of the proceedings shall be made and shall be
17 kept in the client's record. Within 3 days of conclusion of
18 the hearing, the committee shall submit to the facility
19 director its written recommendations which include its
20 factual findings and conclusions. A copy of the
21 recommendations shall be given to the client and the
22 objector.
23 (c) Within 7 days of receipt of the recommendations, the
24 facility director shall give written notice to the client and
25 objector of his acceptance or rejection of the
26 recommendations and his reason therefor. If the facility
27 director rejects the recommendations or if the client or
28 objector requests review of the facility director's decision,
29 the facility director shall promptly forward a copy of his
30 decision, the recommendations, and the record of the hearing
31 to the Secretary of the Department for final review. The
32 review of the facility director's decision shall be decided
33 by the Secretary or his or her designee within 30 days of the
34 receipt of a request for final review. The decision of the
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1 facility director, or the decision of the Secretary (or his
2 or her designee) if review was requested, shall be considered
3 a final administrative decision, and shall be subject to
4 review under and in accordance with Article III of the Code
5 of Civil Procedure. The decision of the facility director,
6 or the decision of the Secretary (or his or her designee) if
7 review was requested, shall be considered a final
8 administrative decision.
9 (Source: P.A. 89-507, eff. 7-1-97; revised 10-31-98.)
10 (405 ILCS 5/4-210) (from Ch. 91 1/2, par. 4-210)
11 Sec. 4-210. Whenever a petition has been executed
12 pursuant to Sections 4-401 or 4-501, and prior to the
13 examination for the purpose of certification, the person
14 conducting this examination shall inform the person being
15 examined in a simple comprehensible manner: that he is
16 entitled to consult with a relative, friend, or attorney
17 before the examination and that an attorney will be appointed
18 for him if he desires; that he will be evaluated to
19 determine if he meets the standard for judicial or emergency
20 admission; that he does not have to talk to the examiner;:
21 and that any statement made by him may be disclosed at a
22 court hearing on the issue of whether he meets the standard
23 for judicial admission. If the respondent is not so
24 informed, the examiner shall not be permitted to testify at
25 any subsequent court hearing concerning the respondent's
26 admission.
27 (Source: P.A. 80-1414; revised 10-31-98.)
28 Section 188. The Uniform Act for the Extradition of
29 Persons of Unsound Mind is amended by changing Section 3 as
30 follows:
31 (405 ILCS 10/3) (from Ch. 91 1/2, par. 123)
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1 Sec. 3. A person alleged to be of unsound mind found in
2 this State, who has fled from another state, in which, at the
3 time of his flight:
4 (a) he was under detention by law in a hospital,
5 asylum or other institution for the insane as a person of
6 unsound mind,; or
7 (b) he had been theretofore determined by legal
8 proceedings to be of unsound mind, the finding being
9 unreversed and in full force and effect, and the control
10 of his person having been acquired by a court of
11 competent jurisdiction of the state from which he fled,;
12 or
13 (c) he was subject to detention in such state,
14 being then his legal domicile (personal service of
15 process having been made) based on legal proceedings
16 there pending to have him declared of unsound mind,:
17 shall, on demand of the executive authority of the state from
18 which he fled, be delivered up to be removed thereto.
19 (Source: Laws 1917, p. 345; revised 1-30-99.)
20 Section 189. The Community Mental Health Act is amended
21 by changing Section 8 as follows:
22 (405 ILCS 20/8) (from Ch. 91 1/2, par. 308)
23 Sec. 8. The Secretary of Human Services may make
24 grants-in-aid to such county, city, village, incorporated
25 town, township, public health district, county health
26 department, multiple-county health department, school
27 district or any combination thereof in accordance with the
28 provisions of Section 34 of the Mental Health and
29 Developmental Disabilities Administrative Act. However, no
30 such grants shall be made without first considering the
31 review and comments made by the board as set forth in Section
32 3e 3 (e) and responding thereto. The Department shall make
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1 all rules necessary for carrying out the provisions of this
2 Section, including the setting of standards of eligibility
3 for state assistance.
4 (Source: P.A. 89-507, eff. 7-1-97; revised 10-31-98.)
5 Section 190. The Crematory Regulation Act is amended by
6 changing Section 80 as follows:
7 (410 ILCS 18/80)
8 Sec. 80. Home Rule. The regulation of crematories and
9 crematory authorities as set forth in this Act is an
10 exclusive power and function of the State. A home rule unit
11 may not regulate crematories or crematory authorities. This
12 Section is a denial and limitation of home rule powers and
13 functions under subsection (h) of Section 6 of or Article VII
14 of the Illinois Constitution.
15 (Source: P.A. 87-1187; revised 10-28-98.)
16 Section 191. The Environmental Barriers Act is amended
17 by changing Section 6 as follows:
18 (410 ILCS 25/6) (from Ch. 111 1/2, par. 3716)
19 Sec. 6. Civil Enforcement. (a) The Attorney General
20 shall have authority to enforce the standards. The Attorney
21 General shall investigate any complaint or reported violation
22 of this Act and, where necessary to ensure compliance, may
23 bring an action for any or all of the following:
24 (1) mandamus;
25 (2) injunction to halt construction or alteration of any
26 public facility or to require compliance with the standards
27 by any public facility which has been or is being constructed
28 or altered in violation of this Act;
29 (3) injunction to halt construction of any multi-story
30 housing unit or to require compliance with the standards by
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1 any multi-story housing unit which has been or is being
2 constructed in violation of this Act; or
3 (4) other appropriate relief.
4 (Source: P.A. 84-948; revised 10-31-98.)
5 Section 192. The Illinois Rural/Downstate Health Act is
6 amended by changing Sections 2 and 4 as follows:
7 (410 ILCS 65/2) (from Ch. 111 1/2, par. 8052)
8 Sec. 2. The General Assembly finds that citizens in the
9 rural, downstate and designated shortage areas of this State
10 are increasingly faced with problems in accessing necessary
11 health care. The closure of small rural hospitals, the
12 inability of these areas to attract new physicians, the
13 elimination of existing physician services because of
14 increasing practice costs, including the cost of providing
15 malpractice insurance, and the lack of systems of emergency
16 medical care contribute to the access problems experienced
17 experience by these residents. While Illinois is not unique
18 in experiencing these problems, the need to maintain or
19 enhance the economies of these areas of the State requires
20 that new and innovative strategies be identified and
21 implemented to respond to the health care needs of residents
22 of these areas. It is therefore the intent of this General
23 Assembly to create a program to respond to this problem.
24 For purposes of this Act, "designated shortage areas"
25 means medically underserved areas or health manpower shortage
26 area as defined by the United States Department of Health and
27 Human Services or as otherwise designated by the Illinois
28 Department of Public Health.
29 (Source: P.A. 86-965; 86-1187; revised 10-31-98.)
30 (410 ILCS 65/4) (from Ch. 111 1/2, par. 8054)
31 Sec. 4. The Center shall have the authority:
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1 (a) To assist rural communities and communities in
2 designated shortage areas by providing technical assistance
3 to community leaders in defining their specific health care
4 needs and identifying strategies to address those needs.
5 (b) To link rural communities and communities in
6 designated shortage areas with other units in the Department
7 or other State agencies which can assist in the solution of a
8 health care access problem.
9 (c) To maintain and disseminate information on
10 innovative health care strategies, either directly or
11 indirectly.
12 (d) To administer State or federal grant programs
13 relating to rural health or medically underserved areas
14 established by State or federal law for which funding has
15 been made available.
16 (e) To promote the development of primary care services
17 in rural areas and designated shortage areas. Subject to
18 available appropriations, the Department may annually award
19 grants of up to $300,000 each to enable the health services
20 in those areas to offer multi-service comprehensive
21 ambulatory care, thereby improving access to primary care
22 services. Grants may cover operational and facility
23 construction and renovation expenses, including but not
24 limited to the cost of personnel, medical supplies and
25 equipment, patient transportation, and health provider
26 recruitment. The Department shall prescribe by rule standards
27 and procedures for the provision of local matching funds in
28 relation to each grant application. Grants provided under
29 this paragraph (e) shall be in addition to support and
30 assistance provided under Section 55.53(a) of the Civil
31 Administrative Code of Illinois. Eligible applicants shall
32 include, but not be limited to, community-based
33 organizations, hospitals, local health departments, and
34 community health centers as defined in Section 4.1 of this
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1 the Illinois Rural Health Act.
2 (f) To annually provide grants from available
3 appropriations to hospitals located in medically underserved
4 areas or health manpower shortage areas as defined by the
5 United States Department of Health and Human Services, whose
6 governing boards include significant representation of
7 consumers of hospital services residing in the area served by
8 the hospital, and which agree not to discriminate in any way
9 against any consumer of hospital services based upon the
10 consumer's source of payment for those services. Grants that
11 may be awarded under this paragraph (f) shall be limited to
12 $500,000 and shall not exceed 50% of the total project need
13 indicated in each application. Expenses covered by the grants
14 may include but are not limited to facility renovation,
15 equipment acquisition and maintenance, recruitment of health
16 personnel, diversification of services, and joint venture
17 arrangements.
18 (g) To establish a recruitment center which shall
19 actively recruit physicians and other health care
20 practitioners to participate in the program, maintain
21 contacts with participating practitioners, actively promote
22 health care professional practice in designated shortage
23 areas, assist in matching the skills of participating medical
24 students with the needs of community health centers in
25 designated shortage areas, and assist participating medical
26 students in locating in designated shortage areas.
27 (h) To assist communities in designated shortage areas
28 find alternative services or temporary health care providers
29 when existing health care providers are called into active
30 duty with the armed forces of the United States.
31 (i) To develop, in cooperation with the Illinois
32 Development Finance Authority, financing programs whose goals
33 and purposes shall be to provide moneys to carry out the
34 purpose of this Act, including, but not limited to, revenue
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1 bond programs, revolving loan programs, equipment leasing
2 programs, and working cash programs. The Department may
3 transfer to the Illinois Development Finance Authority, into
4 an account outside of the State treasury, moneys in special
5 funds of the Department for the purposes of establishing
6 those programs. The disposition of any moneys so transferred
7 shall be determined by an interagency agreement.
8 (Source: P.A. 87-633; 88-535; revised 10-31-98.)
9 Section 194. The Pertussis Vaccine Act is amended by
10 changing Section 3 as follows:
11 (410 ILCS 235/3) (from Ch. 111 1/2, par. 7503)
12 Sec. 3. Public pamphlet. The Director shall prepare and
13 make available upon request to all health care providers,
14 parents and guardians in the State, a pamphlet which explains
15 the benefits and possible adverse reactions to immunizations
16 for pertussis. This pamphlet may contain any information
17 which the Director deems necessary and may be revised by the
18 Department whenever new information concerning these
19 immunizations becomes available. The pamphlet shall include
20 the following information:
21 (a) a list of the immunizations required for
22 admission to a public or private school in the State;
23 (b) specific information regarding the pertussis
24 vaccine which includes:
25 (1) the circumstances under which pertussis
26 vaccine should not be administered or should be
27 delayed, including the categories of persons who are
28 significantly more vulnerable to major adverse
29 reactions than are members of the general
30 population;
31 (2) the frequency, severity and potential
32 long-term effects of pertussis;
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1 (3) possible adverse reactions to pertussis
2 vaccine and the early warning signs or symptoms that
3 may be precursors to a major adverse reaction which,
4 upon occurrence, should be brought to the immediate
5 attention of the health care provider who
6 administered the vaccine;
7 (4) a form that the parent or guardian may use
8 to monitor symptoms of a possible adverse reaction
9 and which includes places where the parent or
10 guardian can record information about the symptoms
11 that will assist the health care provider; and
12 (5) measures that a parent or guardian should
13 take to reduce the risk of, or to respond to, a
14 major adverse reaction including identification of
15 who should be notified of the reaction and when the
16 notification should be made.
17 The Director shall prepare the pamphlet in consultation
18 with the Illinois State Medical Society, the Illinois
19 Hospital Association, and interested consumer groups and
20 shall adopt by regulation the information contained in the
21 pamphlet, pursuant to the Illinois Administrative Procedure
22 Act.
23 (Source: P.A. 85-898; revised 10-31-98.)
24 Section 195. The Prenatal Syphilis Act is amended by
25 changing Section 1 as follows:
26 (410 ILCS 320/1) (from Ch. 111 1/2, par. 4801)
27 Sec. 1. Every physician, or other person, attending in a
28 professional capacity a pregnant woman in Illinois, shall
29 take or cause to be taken a sample of blood of such woman at
30 the time of the first examination, and a second sample of
31 blood shall be taken or caused to be taken during the third
32 trimester of pregnancy. These blood specimens shall be
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1 submitted to a laboratory approved by the Department of
2 Public Health for a serological test for syphilis approved by
3 the State Department of Public Health. In the event that any
4 such blood test shall show a positive or doubtful result an
5 additional test or tests shall be made. Such serological test
6 or tests shall, upon request of any physician, be made free
7 of charge by the State Department of Public Health or the
8 Health Departments of cities, villages and incorporated towns
9 maintaining laboratories for the testing of blood specimens
10 of any woman women who resides in that city, village or
11 incorporated town.
12 The provisions of this Section shall not apply to any
13 woman who objects to such serological tests on the grounds
14 that such tests are contrary to her religious beliefs and
15 practices.
16 (Source: P.A. 81-934; revised 10-31-98.)
17 Section 196. The Alzheimer's Disease Assistance Act is
18 amended by changing Section 4 as follows:
19 (410 ILCS 405/4) (from Ch. 111 1/2, par. 6954)
20 Sec. 4. Development of standards for a service network
21 and designation of regional centers and primary providers.
22 By January 1, 1987, the Department, in consultation with the
23 Advisory Committee, shall develop standards for the conduct
24 of research and for the identification, evaluation,
25 diagnosis, referral and treatment of victims of Alzheimer's
26 disease and related disorders and their families through the
27 ADA network of designated regional centers and other
28 providers of service under this Act. Such standards shall
29 include all of the following:
30 (a) A description of the specific populations and
31 geographic areas to be served through ADA networks that
32 may be established under this Act.;
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1 (b) Standards, criteria and procedures for
2 designation of Regional ADA Centers, which ensure the
3 provision of quality care to a broad segment of the
4 population through on-site facilities and services and
5 through a network of primary Alzheimer's providers and
6 other providers of service that may be available within
7 the service area defined by the Department. At least 2
8 Regional ADA Centers shall be conveniently located to
9 serve the Chicago metropolitan area and at least one
10 Regional ADA Center shall be conveniently located to
11 serve the balance of the State. The Regional ADA Centers
12 shall provide at least the following:
13 (1) comprehensive diagnosis and treatment
14 facilities and services which have (i) professional
15 medical staff specially-trained in geriatric
16 medicine, neurology, psychiatry and pharmacology,
17 and the detection, diagnosis and treatment of
18 Alzheimer's disease and related disorders, (ii)
19 sufficient support staff who are trained as
20 caregivers to victims of Alzheimer's disease and
21 related disorders, (iii) appropriate and adequate
22 equipment necessary for diagnosis and treatment,
23 (iv) transportation services necessary for outreach
24 to the service area defined by the Department and
25 for assuring access of patients to available
26 services, (v) and (v) such other support services,
27 staff and equipment as may be required;
28 (2) consultation and referral services for
29 victims and their families to ensure informed
30 consent to treatment and to assist them in obtaining
31 necessary assistance and support services through
32 primary Alzheimer's providers and various private
33 and public agencies that may otherwise be available
34 to provide services under this Act;
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1 (3) research programs and facilities to assist
2 faculty and students in discovering the cause of and
3 the diagnosis, cure and treatment for Alzheimer's
4 disease and related disorders;
5 (4) training, consultation and continuing
6 education for caregivers, including families of
7 those who are affected by Alzheimer's disease and
8 related disorders;
9 (5) centralized data collection, processing
10 and storage that will serve as a clearinghouse of
11 information to assist victims, families and ADA
12 Resources, and to facilitate research; and
13 (6) programs of scientific and medical
14 research in relation to Alzheimer's disease and
15 related disorders that are designed and conducted in
16 a manner that may enable such center to qualify for
17 Federal financial participation in the cost of such
18 programs.
19 (c) Procedures for recording and reporting research
20 and treatment results by primary Alzheimer's providers
21 and other affiliated providers of service that are within
22 the ADA network to the Regional ADA Center and to the
23 Department.;
24 (d) Policies, procedures and minimum standards and
25 criteria to be included in affiliation agreements between
26 primary Alzheimer's providers and the Regional ADA Center
27 in the conduct of any research and in the diagnosis,
28 referral and treatment of victims of Alzheimer's disease
29 and related disorders and their families.; and
30 (e) Policies, procedures, standards and criteria,
31 including medical and financial eligibility factors,
32 governing admission to and utilization of the programs,
33 facilities and services available through the ADA network
34 by persons who may be or who have been diagnosed as
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1 victims of Alzheimer's disease and related disorders,
2 including forms and procedures for obtaining necessary
3 patient consents to participation in research, and in the
4 reporting and processing of appropriate information in a
5 patient's medical records in relation to consultations,
6 referrals and treatments by the various providers of
7 service within the ADA network.
8 (Source: P.A. 90-404, eff. 8-15-97; revised 10-31-98.)
9 Section 197. The Vital Records Act is amended by
10 changing Section 15 as follows:
11 (410 ILCS 535/15) (from Ch. 111 1/2, par. 73-15)
12 Sec. 15. Procedure upon refusal to accept delayed record
13 of birth.
14 (1) If a delayed record of birth is not accepted under
15 the provisions of Section 14, a petition may be filed with
16 the circuit court of the petitioner's county of birth, or, if
17 a resident of Illinois, with the circuit court of the county
18 of his residence, or, if he resides in another state, with
19 any court of competent jurisdiction of that state, for an
20 order establishing a record of the date and place of the
21 petitioner's birth and his parentage.
22 (2) If the petition is filed in Illinois, it shall be
23 made on a form prescribed and furnished by the State
24 Registrar of Vital Records and shall allege:
25 (a) that the person for whom a delayed record of
26 birth is sought was born in this State;
27 (b) that no record of birth of such person can be
28 found in the office of the State Registrar of Vital
29 Records, local registrar, or county clerk of county of
30 birth;
31 (c) that diligent efforts by the petitioner have
32 failed to obtain the evidence required by Section 14;
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1 (d) that the State Registrar of Vital Records has
2 refused to accept a delayed record of birth; and
3 (e) such other allegations as may be required.
4 (3) If the petition is filed in another state, it shall
5 contain essentially the same allegations as set forth in
6 subsection (2) 2 above.
7 (4) The petition shall be accompanied by a statement of
8 the State Registrar of Vital Records who refused to accept a
9 delayed record of birth, and all documentary evidence which
10 was submitted to that registration official in support of
11 such registration. The petition shall be sworn to by the
12 petitioner.
13 (5) The court shall fix a time and place for hearing the
14 petition, and the State Registrar of Vital Records who
15 refused to accept the petitioner's delayed record of birth
16 shall be given 10 days' notice of the hearing. Such official,
17 or his authorized representative, may appear and testify in
18 the proceeding.
19 (6) If the court, from the evidence required herein and
20 such other evidence as is presented, finds that the person
21 for whom a delayed record of birth is sought was born in the
22 State of Illinois, it shall make findings as to the place and
23 date of birth, parentage, and such other findings as the
24 petition may require and shall issue an order on a form
25 prescribed and furnished by the State Registrar of Vital
26 Records to establish a record of birth. This order shall
27 include the birth data to be registered, a description of the
28 evidence presented in the manner prescribed by Section 14 of
29 this Act, the date of the court's action, and shall be marked
30 as a court order.
31 (7) If the order is issued by a circuit court in this
32 State, the clerk of the court shall forward each such order
33 to the State Registrar of Vital Records. Such order shall be
34 registered by the State Registrar of Vital Records and shall
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1 constitute the record of birth, from which copies may be
2 issued in accordance with Section 25 of this Act.
3 (8) If the order is issued by a court of competent
4 jurisdiction in another state, the petitioner may forward a
5 certified copy of the order to the State Registrar of Vital
6 Records. Such order shall be registered by the State
7 Registrar of Vital Records and shall constitute the record of
8 birth, from which copies may be issued in accordance with
9 Section 25 of this Act.
10 (Source: P.A. 76-678; revised 10-31-98.)
11 Section 198. The Illinois Egg and Egg Products Act is
12 amended by changing Section 16 as follows:
13 (410 ILCS 615/16) (from Ch. 56 1/2, par. 55-16)
14 Sec. 16. Effective November 1, 1975, no person shall
15 engage in the business of removing eggs from their shells, in
16 the manufacture of or preparation of frozen, liquid,
17 desiccated or any other forms of whole eggs, yolks, whites or
18 any mixture of yolks and whites for food purposes, with or
19 without the addition of any other wholesome ingredients,
20 without first obtaining an Egg Breaker's License from the
21 Department. The Department shall inspect the establishment
22 and the equipment to be used in the egg breaking
23 establishment, and shall also ascertain if the establishment
24 complies in method, equipment and the rules and regulations
25 in regard to sanitation, which shall from time to time be
26 established by the Department to govern these establishments.
27 If, after such inspection, it appears that such establishment
28 complies with the provisions of the rules and regulations in
29 regard to sanitation governing egg breaking establishments,
30 the Department shall issue an Egg Breaker's License to the
31 establishment, upon payment of the required fee. The license
32 year shall begin on November 1, of each year and all licenses
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1 shall expire on October 31, of each year. The license fee
2 shall be $200 for a year or fraction thereof.
3 All liquid, frozen or dried egg products sold or offered
4 for sale shall be processed under continuous supervision of
5 an inspector of the Department or the United States
6 Department of Agriculture in an Official Plant as specified
7 in the Egg Products Product Inspection Act.
8 (Source: P.A. 79-678; revised 10-31-98.)
9 Section 199. The Environmental Protection Act is amended
10 by changing Sections 9.4, 14.5, 21.6, 22.21, 27, 40.2, 45,
11 55.5, 57, 57.8, and 57.14 as follows:
12 (415 ILCS 5/9.4) (from Ch. 111 1/2, par. 1009.4)
13 Sec. 9.4. (a) The General Assembly finds:
14 (1) That air pollution from municipal waste
15 incineration may constitute a threat to public health,
16 welfare and the environment. The amounts and kinds of
17 pollutants depend on the nature of the waste stream,
18 operating conditions of the incinerator, and the
19 effectiveness of emission controls. Under normal
20 operating conditions, municipal waste incinerators
21 produce pollutants such as organic compounds, metallic
22 compounds and acid gases which may be a threat to public
23 health, welfare and the environment.
24 (2) That a combustion and flue-gas control system,
25 which is properly designed, operated and maintained, can
26 substantially reduce the emissions of organic materials,
27 metallic compounds and acid gases from municipal waste
28 incineration.
29 (b) It is the purpose of this Section to insure that
30 emissions from new municipal waste incineration facilities
31 which burn a total of 25 tons or more of municipal waste per
32 day are adequately controlled.
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1 Such facilities shall be subject to emissions limits and
2 operating standards based upon the application of Best
3 Available Control Technology, as determined by the Agency,
4 for emissions of the following categories of pollutants:
5 (1) particulate matter, sulfur dioxide and nitrogen
6 oxides;
7 (2) acid gases;
8 (3) heavy metals; and
9 (4) organic materials.
10 (c) The Agency shall issue permits, pursuant to Section
11 39, to new municipal waste incineration facilities only if
12 the Agency finds that such facilities are designed,
13 constructed and operated so as to comply with the
14 requirements prescribed by this Section.
15 Prior to adoption of Board regulations under subsection
16 (d) of this Section the Agency may issue permits for the
17 construction of new municipal waste incineration facilities.
18 The Agency determination of Best Available Control Technology
19 shall be based upon consideration of the specific pollutants
20 named in subsection (d), and emissions of particulate matter,
21 sulfur dioxide and nitrogen oxides.
22 Nothing in this Section shall limit the applicability of
23 any other Sections of this Act, or of other standards or
24 regulations adopted by the Board, to municipal waste
25 incineration facilities. In issuing such permits, the Agency
26 may prescribe those conditions necessary to assure continuing
27 compliance with the emission limits and operating standards
28 determined pursuant to subsection (b); such conditions may
29 include the monitoring and reporting of emissions.
30 (d) Within one year after the effective date of this
31 amendatory Act of 1985, the Board shall adopt regulations
32 pursuant to Title VII 7 of this Act, which define the terms
33 in items (2), (3) and (4) of subsection (b) of this Section
34 which are to be used by the Agency in making its
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1 determination pursuant to this Section. The provisions of
2 Section 27(b) 27b of this Act shall not apply to this
3 rulemaking.
4 Such regulations shall be written so that the categories
5 of pollutants include, but need not be limited to, the
6 following specific pollutants:
7 (1) hydrogen chloride in the definition of acid
8 gases;
9 (2) arsenic, cadmium, mercury, chromium, nickel and
10 lead in the definition of heavy metals; and
11 (3) polychlorinated dibenzo-p-dioxins,
12 polychlorinated dibenzofurans and polynuclear aromatic
13 hydrocarbons in the definition of organic materials.
14 (e) For the purposes of this Section, the term "Best
15 Available Control Technology" means an emission limitation
16 (including a visible emission standard) based on the maximum
17 degree of pollutant reduction which the Agency, on a
18 case-by-case basis, taking into account energy, environmental
19 and economic impacts, determines is achievable through the
20 application of production processes or available methods,
21 systems and techniques, including fuel cleaning or treatment
22 or innovative fuel combustion techniques. If the Agency
23 determines that technological or economic limitations on the
24 application of measurement methodology to a particular class
25 of sources would make the imposition of an emission standard
26 not feasible, it may instead prescribe a design, equipment,
27 work practice or operational standard, or combination
28 thereof, to require the application of best available control
29 technology. Such standard shall, to the degree possible, set
30 forth the emission reduction achievable by implementation of
31 such design, equipment, work practice or operation and shall
32 provide for compliance by means which achieve equivalent
33 results.
34 (f) "Municipal waste incineration" means the burning of
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1 municipal waste or fuel derived therefrom in a combustion
2 apparatus designed to burn municipal waste that may produce
3 electricity or steam as a by-product. A "new municipal waste
4 incinerator" is an incinerator initially permitted for
5 development or construction after January 1, 1986.
6 (g) The provisions of this Section shall not apply to
7 industrial incineration facilities that burn waste generated
8 at the same site.
9 (Source: P.A. 84-957; revised 10-31-98.)
10 (415 ILCS 5/14.5) (from Ch. 111 1/2, par. 1014.5)
11 Sec. 14.5. (a) The Agency shall administer a
12 certification system for sites which represent a minimal
13 hazard with respect to contamination of groundwaters by
14 potential primary or potential secondary sources. No later
15 than January 1, 1988, the Agency shall develop and make
16 available a minimal hazard certification form and guidelines
17 for the use and management of containers and above ground
18 tanks, and for the piling of waste.
19 (b) After January 1, 1988, the owner of any site which
20 would otherwise be subject to the provisions of subsection
21 (d) of Section 14.2 or Section 14.4 and regulations adopted
22 thereunder may provide a certification of minimal hazard to
23 the Agency if the following conditions are met:
24 (1) no on-site landfilling, land treating, or
25 surface impounding of waste, other than landscape waste
26 or construction and demolition debris, has taken place
27 and such circumstance will continue;
28 (2) no on-site piles of special or hazardous waste
29 are present and such circumstance will continue, and any
30 piling of other wastes which could cause contamination of
31 groundwater will be consistent with guidelines developed
32 by the Agency;
33 (3) no underground storage tanks are present on the
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1 site and such circumstances will continue;
2 (4) use and management of containers and above
3 ground tanks will be consistent with guidelines developed
4 by the Agency;
5 (5) no on-site release of any hazardous substance
6 or petroleum has taken place which was of sufficient
7 magnitude to contaminate groundwaters;
8 (6) no more than 100 gallons of either pesticides
9 or organic solvents, or 10,000 gallons of any hazardous
10 substances, or 30,000 gallons of petroleum, will be
11 present at any time; and
12 (7) notice has been given to the owner of each
13 community water supply well within 1,000 feet of the
14 site.
15 (c) Upon receipt of a certification pursuant to
16 subsection (b) of this Section the Agency shall, within 90
17 days, take one of the following actions:
18 (1) notify the owner of the site in writing that
19 the certification is complete and adequate;
20 (2) notify the owner of the site in writing that
21 the certification is not adequate, including a statement
22 of the reasons therefor;
23 (3) notify the owner of the site in writing that a
24 site inspection will be held within 120 days, and that
25 following such inspection but still within the 120 day
26 period further action will be taken pursuant to item (1)
27 or (2) of this subsection; or
28 (4) notify in writing the owner of the site that
29 pursuant to Section 17.1 a county or municipality is
30 conducting a groundwater protection needs assessment or
31 the Agency is conducting a well site survey which
32 encompasses the site for which certification is being
33 processed, and specify a time period, not to exceed a
34 total of 180 days from the date of the notice, for
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1 consideration of the findings from such assessment or
2 survey and by which further action will be taken pursuant
3 to item (1) or (2) of this subsection.
4 A certification is not adequate if it fails to address
5 each of the conditions required to be met by subsection (b)
6 of this Section, or if the Agency possesses information which
7 reasonably suggests that any statement made in the
8 certification is inaccurate or incomplete. Action under item
9 (1) or (2) of this subsection shall constitute a final
10 determination of the Agency.
11 (d) When a certification has been provided with respect
12 to which the Agency has made a finding of adequacy or has
13 failed to act in a timely manner pursuant to subsection (c)
14 of this Section, the site shall not be subject to the
15 provisions of subsection (d) of Section 14.2 or Section 14.4
16 and regulations adopted thereunder for the following time
17 periods:
18 (1) one year, if the Agency has failed to act in a
19 timely manner pursuant to subsection (c) of this Section,
20 during which time the owner must recertify to continue
21 such status;
22 (2) three years, if the site is located within a
23 minimum or maximum setback zone, during which time the
24 owner must recertify to continue such status;
25 (3) five years, if the site is located within a
26 regulated recharge area, during which time the owner must
27 recertify to continue such status; or
28 (4) 90 days past the time when a change of
29 ownership takes place, during which time the new owner
30 must recertify to continue such status.
31 (e) During the effective period of a certification, the
32 owner of the site shall maintain compliance with the
33 conditions specified in subsection (b) of this Section. Any
34 failure by the owner to maintain such compliance shall be
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1 just cause for decertification by the Agency. Such action
2 may only be taken after the Agency has provided the owner
3 with a written notice which identifies the noncompliance and
4 specifies a 30 day period during which a written response may
5 be provided by the owner. Such response may describe any
6 actions taken by the owner which relate to the conditions of
7 certification. If such response is deficient or untimely,
8 the Agency shall serve notice upon the owner that the site
9 has been decertified and is subject to the applicable
10 provisions of subsection (d) of Section 14.2 or Section 14.4
11 and regulations adopted thereunder. Such notification shall
12 constitute a final determination of the Agency.
13 (f) The Agency shall maintain a master listing, indexed
14 by county, of those sites for which certifications are in
15 effect. Upon the establishment of a regional planning
16 committee pursuant to Section 17.2, the Agency shall provide
17 a copy of the pertinent portions of such listing to such
18 committee on a quarterly basis. The Agency shall also make
19 copies of such listing available to units of local government
20 and the public upon request.
21 (g) The Agency may enter into a written delegation
22 agreement with any county or municipality, which has adopted
23 an ordinance consistent with Section 14.2 or 14.3, to
24 administer the provisions of this Section. Such delegation
25 agreements shall require that the work to be performed
26 thereunder shall be in accordance with criteria established
27 by the Agency, be subject to periodic review by the Agency,
28 and shall include such financial and program auditing by the
29 Agency as may be necessary.
30 (Source: P.A. 85-863; revised 10-31-98.)
31 (415 ILCS 5/21.6) (from Ch. 111 1/2, par. 1021.6)
32 Sec. 21.6. Materials disposal ban.
33 (a) Beginning July 1, 1996, no person may knowingly mix
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1 liquid used oil with any municipal waste that is intended for
2 collection and disposal at a landfill.
3 (b) Beginning July 1, 1996, no owner or operator of a
4 sanitary landfill shall accept for final disposal liquid used
5 oil for final disposal that is discernible discernable in the
6 course of prudent business operation.
7 (c) For purposes of this Section, "liquid used oil" does
8 shall not include used oil filters, rags, absorbent material
9 used to collect spilled oil or other materials incidentally
10 contaminated with used oil, or empty containers which
11 previously contained virgin oil, re-refined oil, or used oil.
12 (d) The Agency and the Department of Commerce and
13 Community Affairs shall investigate the manner in which
14 liquid used oil is currently being utilized and potential
15 prospects for future use.
16 (Source: P.A. 89-445, eff. 2-7-96; revised 3-10-98.)
17 (415 ILCS 5/22.21) (from Ch. 111 1/2, par. 1022.21)
18 Sec. 22.21. During operation of a pollution pollutional
19 control facility, the operator shall comply with the safety
20 standards relating to construction established pursuant to
21 the federal Occupational Safety and Health Act of 1970, Title
22 29, United States Code, Sections 651 through 678, Public Law
23 91-596, as amended.
24 (Source: P.A. 88-681, eff. 12-22-94; revised 10-31-98.)
25 (415 ILCS 5/27) (from Ch. 111 1/2, par. 1027)
26 Sec. 27. Rulemaking.
27 (a) The Board may adopt substantive regulations as
28 described in this Act. Any such regulations may make
29 different provisions as required by circumstances for
30 different contaminant sources and for different geographical
31 areas; may apply to sources outside this State causing,
32 contributing to, or threatening environmental damage in
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1 Illinois; may make special provision for alert and abatement
2 standards and procedures respecting occurrences or
3 emergencies of pollution or on other short-term conditions
4 constituting an acute danger to health or to the environment;
5 and may include regulations specific to individual persons or
6 sites. In promulgating regulations under this Act, the Board
7 shall take into account the existing physical conditions, the
8 character of the area involved, including the character of
9 surrounding land uses, zoning classifications, the nature of
10 the existing air quality, or receiving body of water, as the
11 case may be, and the technical feasibility and economic
12 reasonableness of measuring or reducing the particular type
13 of pollution. The generality of this grant of authority
14 shall only be limited by the specifications of particular
15 classes of regulations elsewhere in this Act.
16 No charge shall be established or assessed by the Board
17 or Agency against any person for emission of air contaminants
18 from any source, for discharge of water contaminants from any
19 source, or for the sale, offer or use of any article.
20 Any person filing with the Board a written proposal for
21 the adoption, amendment, or repeal of regulations shall
22 provide information supporting the requested change and shall
23 at the same time file a copy of such proposal with the Agency
24 and the Department of Natural Resources. To aid the Board
25 and to assist the public in determining which facilities will
26 be affected, the person filing a proposal shall describe, to
27 the extent reasonably practicable, the universe of affected
28 sources and facilities and the economic impact of the
29 proposed rule.
30 (b) Except as provided below and in Section 28.2, before
31 the adoption of any proposed rules not relating to
32 administrative procedures within the Agency or the Board, or
33 amendment to existing rules not relating to administrative
34 procedures within the Agency or the Board, the Board shall:
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1 (1) request that the Department of Commerce and
2 Community Affairs conduct a study of the economic impact
3 of the proposed rules. The Department may within 30 to
4 45 days of such request produce a study of the economic
5 impact of the proposed rules. At a minimum, the economic
6 impact study shall address (A) economic, environmental,
7 and public health benefits that may be achieved through
8 compliance with the proposed rules, (B) the effects of
9 the proposed rules on employment levels, commercial
10 productivity, the economic growth of small businesses
11 with 100 or less employees, and the State's overall
12 economy, and (C) the cost per unit of pollution reduced
13 and the variability in cost based on the size of the
14 facility and the percentage of company revenues expected
15 to be used to implement the proposed rules; and
16 (2) conduct at least one public hearing on the
17 economic impact of those new rules. At least 20 days
18 before the hearing, the Board shall notify the public of
19 the hearing and make the economic impact study, or the
20 Department of Commerce and Community Affairs' Affair's
21 explanation for not producing an economic impact study,
22 available to the public. Such public hearing may be held
23 simultaneously or as a part of any Board hearing
24 considering such new rules.
25 In adopting any such new rule, the Board shall, in its
26 written opinion, make a determination, based upon the
27 evidence in the public hearing record, including but not
28 limited to the economic impact study, as to whether the
29 proposed rule has any adverse economic impact on the people
30 of the State of Illinois.
31 (c) On proclamation by the Governor, pursuant to Section
32 8 of the Illinois Emergency Services and Disaster Act of
33 1975, that a disaster emergency exists, or when the Board
34 finds that a severe public health emergency exists, the Board
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1 may, in relation to any proposed regulation, order that such
2 regulation shall take effect without delay and the Board
3 shall proceed with the hearings and studies required by this
4 Section while the regulation continues in effect.
5 When the Board finds that a situation exists which
6 reasonably constitutes a threat to the public interest,
7 safety or welfare, the Board may adopt regulations pursuant
8 to and in accordance with Section 5-45 of the Illinois
9 Administrative Procedure Act.
10 (d) To the extent consistent with any deadline for
11 adoption of any regulations mandated by State or federal law,
12 prior to initiating any hearing on a regulatory proposal, the
13 Board may assign a qualified hearing officer who may schedule
14 a prehearing conference between the proponents and any or all
15 of the potentially affected persons. The notice requirements
16 of Section 28 shall not apply to such prehearing conferences.
17 The purposes of such conference shall be to maximize
18 understanding of the intent and application of the proposal,
19 to reach agreement on aspects of the proposal, if possible,
20 and to attempt to identify and limit the issues of
21 disagreement among the participants to promote efficient use
22 of time at hearing. No record need be kept of the prehearing
23 conference, nor shall any participant or the Board be bound
24 by any discussions conducted at the prehearing conference.
25 However, with the consent of all participants in the
26 prehearing conference, a prehearing order delineating issues
27 to be heard, agreed facts, and other matters may be entered
28 by the hearing officer. Such an order will not be binding on
29 nonparticipants in the prehearing conference.
30 (Source: P.A. 89-445, eff. 2-7-96; 90-489, eff. 1-1-98;
31 revised 10-31-98.)
32 (415 ILCS 5/40.2) (from Ch. 111 1/2, par. 1040.2)
33 Sec. 40.2. Application of review process.
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1 (a) Subsection (a) of Section 40 does not apply to any
2 permit which is subject to Section 39.5. If the Agency
3 refuses to grant or grants with conditions a CAAPP permit,
4 makes a determination of incompleteness regarding a submitted
5 CAAPP application, or fails to act on an application for a
6 CAAPP permit, permit renewal, or permit revision within the
7 time specified in paragraph 5(j) of Section 39.5 of this Act,
8 the applicant, any person who participated in the public
9 comment process pursuant to subsection 8 of Section 39.5 of
10 this Act, or any other person who could obtain a hearing
11 before the Board pursuant to Section 41(a) of this Act, may
12 within 35 days after final permit action, petition for a
13 hearing before the Board to contest the decision of the
14 Agency. However, the 35-day period for petitioning for a
15 hearing may be extended by the applicant for a period of time
16 not to exceed 90 days by written notice provided to the Board
17 from the applicant and the Agency within the initial appeal
18 period. If another person with standing to appeal wishes to
19 obtain an extension, there must be a written notice provided
20 to the Board by that person, the Agency, and the applicant,
21 within the initial appeal period. Notwithstanding the
22 preceding requirements, petitions for a hearing before the
23 Board under this subsection may be filed after the 35-day
24 period, only if such petitions are based solely on grounds
25 arising after the 35-day period expires. Such petitions
26 shall be filed within 35 days after the new grounds for
27 review arise. If the final permit action being challenged is
28 the Agency's failure to take final action, a petition for a
29 hearing before the Board shall be filed before the Agency
30 denies or issues the final permit.
31 The Agency shall appear as respondent in such hearing.
32 At such hearing the rules prescribed in Sections 32 and 33(a)
33 of this Act shall apply, and the burden of proof shall be on
34 the petitioner.
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1 (b) b. The Agency's failure to take final action within
2 90 days of receipt of an application requesting minor permit
3 modification procedures (or 180 days for modifications
4 subject to group processing requirements), pursuant to
5 subsection 14 of Section 39.5, will be subject to this
6 Section and Section 41 of this Act.
7 (c) c. If there is no final action by the Board within
8 120 days, the permit shall not be deemed issued; rather, the
9 petitioner shall be entitled to an Appellate Court order
10 pursuant to Section 41(d) of this Act.
11 (d) d. Any person who files a petition to contest the
12 final permit action by the Agency under this Section shall
13 pay a filing fee.
14 (e) The Agency shall notify USEPA, in writing, of any
15 petition for hearing brought under this Section involving a
16 provision or denial of a Phase II acid rain permit within 30
17 days of the filing of the petition. USEPA may intervene as a
18 matter of right in any such hearing. The Agency shall notify
19 USEPA, in writing, of any determination or order in a hearing
20 brought under this Section that interprets, voids, or
21 otherwise relates to any portion of a Phase II acid rain
22 permit.
23 (Source: P.A. 87-1213; 88-464; 88-690, eff. 1-24-95; revised
24 10-31-98.)
25 (415 ILCS 5/45) (from Ch. 111 1/2, par. 1045)
26 Sec. 45. (a) No existing civil or criminal remedy for
27 any wrongful action shall be excluded or impaired by this
28 Act. Nothing in this Act shall be construed to limit or
29 supersede the provisions of the Illinois Oil and Gas Act, and
30 the powers therein granted to prevent the intrusion of water
31 into oil, gas or coal strata and to prevent the pollution of
32 fresh water supplies by oil, gas or salt water or oil field
33 wastes, except that water quality standards as set forth by
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1 the Pollution Control Board apply to and are effective within
2 the areas covered by and affected by permits issued by the
3 Department of Natural Resources. However, if the Department
4 of Natural Resources fails to act upon any complaint within a
5 period of 10 working days following the receipt of a
6 complaint by the Department, the Environmental Protection
7 Agency may proceed under the provisions of this Act.
8 (b) Any person adversely affected in fact by a violation
9 of this Act or of regulations adopted thereunder may sue for
10 injunctive relief against such violation. However, except as
11 provided in subsection (d), no action shall be brought under
12 this Section until 30 days after the plaintiff has been
13 denied relief by the Board in a proceeding brought under
14 subsection (b) of Section 31 of this Act. The prevailing
15 party shall be awarded costs and reasonable attorneys' fees.
16 (c) Nothing in Section 39.4 of this Act shall limit the
17 authority of the Agency to proceed with enforcement under the
18 provisions of this Act for violations of terms and conditions
19 of an endorsed agrichemical facility permit, an endorsed
20 lawncare containment permit, or this Act or regulations
21 hereunder caused or threatened by an agrichemical facility or
22 a lawncare wash water containment area, provided that prior
23 notice is given to the Department of Agriculture which
24 provides that Department an opportunity to respond as
25 appropriate.
26 (d) If the State brings an action under this Act against
27 a person with an interest in real property upon which the
28 person is alleged to have allowed open dumping or open
29 burning by a third party in violation of this Act, which
30 action seeks to compel the defendant to remove the waste or
31 otherwise clean up the site, the defendant may, in the manner
32 provided by law for third-party complaints, bring in as a
33 third-party defendant a person who with actual knowledge
34 caused or contributed to the illegal open dumping or open
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1 burning, or who is or may be liable for all or part of the
2 removal and cleanup costs. The court may include any of the
3 parties which it determines to have, with actual knowledge,
4 allowed, caused or contributed to the illegal open dumping or
5 open burning in any order that it may issue to compel removal
6 of the waste and cleanup of the site, and may apportion the
7 removal and cleanup costs among such parties, as it deems
8 appropriate. However, a person may not seek to recover any
9 fines or civil penalties imposed upon him under this Act from
10 a third-party defendant in an action brought under this
11 subsection.
12 (Source: P.A. 88-474; 89-445, eff. 2-7-96; revised 10-31-98.)
13 (415 ILCS 5/55.5) (from Ch. 111 1/2, par. 1055.5)
14 Sec. 55.5. (a) The Agency shall investigate alleged
15 violations of this the Title XIV, or of any regulation
16 promulgated hereunder, or of any approval granted by the
17 Agency, and may cause such other investigations to be made as
18 it may deem advisable.
19 (b) If an investigation discloses that a violation may
20 exist, the Agency shall take action pursuant to Title VIII of
21 this Act in a timely manner.
22 (c) Notwithstanding the provisions of subsection (b) of
23 this Section, prior to taking action pursuant to Title VIII
24 for violation of subsection (a), (b) or (c) of Section 55 of
25 this Act, the Agency or unit of local government shall issue
26 and serve upon the person complained against a written
27 warning notice informing such person that the Agency or unit
28 of local government intends to take such action. Such
29 written warning notice shall specify the alleged violation,
30 describe the corrective action which should be taken, and
31 provide a period of 30 days in which one of the following
32 response actions may be taken by such person:
33 (1) initiation and completion of the corrective
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1 action, and notification of the Agency or unit of local
2 government in writing that such action has been taken; or
3 (2) notification of the Agency or unit of local
4 government in writing that corrective action will be
5 taken and completed within a period of 45 days from the
6 date of issuance of the warning notice.
7 In the event that the person fails to take a response
8 action, initiates but does not adequately complete a response
9 action, or takes other action in contravention of the
10 described corrective action, the Agency or unit of local
11 government may proceed pursuant to subsection (b) of this
12 Section. If the same person has been issued 2 written
13 warning notices for similar violations in any calendar year,
14 thereafter the Agency or unit of local government may proceed
15 pursuant to subsection (b) without first following the
16 provisions of this subsection for the remainder of such
17 calendar year with respect to such person.
18 (Source: P.A. 86-452; revised 10-31-98.)
19 (415 ILCS 5/57)
20 Sec. 57. Intent and purpose. This Title shall be known
21 and may be cited as the Leaking Underground Storage Tank
22 Program (LUST). The purpose of this Title which is to, in
23 accordance with the requirements of the Hazardous and Solid
24 Waste Amendments of 1984 of the Resource Conservation and
25 Recovery Act of 1976, and in accordance with the State's
26 interest in the protection of Illinois' land and water
27 resources:; (1) to adopt procedures for the remediation of
28 underground storage tank sites due to the release of
29 petroleum and other substances regulated under this Title
30 from certain underground storage tanks or related tank
31 systems; (2) to establish and provide procedures for a
32 Leaking Underground Storage Tank Program which will oversee
33 and review any remediation required for leaking underground
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1 storage tanks, and administer the Underground Storage Tank
2 Fund; (3) to establish an Underground Storage Tank Fund
3 intended to be a State fund by which persons who qualify for
4 access to the Underground Storage Tank Fund may satisfy the
5 financial responsibility requirements under applicable State
6 law and regulations; (4) to establish requirements for
7 eligible owners and operators of underground storage tanks to
8 seek payment for any costs associated with physical soil
9 classification, groundwater investigation, site
10 classification and corrective action from the Underground
11 Storage Tank Fund; and (5) to audit and approve corrective
12 action efforts performed by Licensed Professional Engineers.
13 (Source: P.A. 88-496; 89-428, eff. 1-1-96; 89-457, eff.
14 5-22-96; revised 10-31-98.)
15 (415 ILCS 5/57.8)
16 Sec. 57.8. Underground Storage Tank Fund; payment;
17 options for State payment; deferred correction election to
18 commence corrective action upon availability of funds. If an
19 owner or operator is eligible to access the Underground
20 Storage Tank Fund pursuant to an Office of State Fire Marshal
21 eligibility/deductible final determination letter issued in
22 accordance with Section 57.9, the owner or operator may
23 submit a complete application for final or partial payment to
24 the Agency for activities taken in response to a confirmed
25 release. An owner or operator may submit a request for
26 partial or final payment regarding a site no more frequently
27 than once every 90 days.
28 (a) Payment after completion of corrective action
29 measures. The owner or operator may submit an application for
30 payment for activities performed at a site after completion
31 of the requirements of Sections 57.6 and 57.7, or after
32 completion of any other required activities at the
33 underground storage tank site.
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1 (1) In the case of any approved plan and budget for
2 which payment is being sought, the Agency shall make a
3 payment determination within 120 days of receipt of the
4 application. Such determination shall be considered a
5 final decision. The Agency's review shall be limited to
6 generally accepted auditing and accounting practices. In
7 no case shall the Agency conduct additional review of any
8 plan which was completed within the budget, beyond
9 auditing for adherence to the corrective action measures
10 in the proposal. If the Agency fails to approve the
11 payment application within 120 days, such application
12 shall be deemed approved by operation of law and the
13 Agency shall proceed to reimburse the owner or operator
14 the amount requested in the payment application.
15 However, in no event shall the Agency reimburse the owner
16 or operator an amount greater than the amount approved in
17 the plan.
18 (2) If sufficient funds are available in the
19 Underground Storage Tank Fund, the Agency shall, within
20 60 days, forward to the Office of the State Comptroller a
21 voucher in the amount approved under the payment
22 application.
23 (3) In the case of insufficient funds, the Agency
24 shall form a priority list for payment and shall notify
25 persons in such priority list monthly of the availability
26 of funds and when payment shall be made. Payment shall
27 be made to the owner or operator at such time as
28 sufficient funds become available for the costs
29 associated with corrective action and costs expended for
30 activities performed where no proposal is required, if
31 applicable. Such priority list shall be available to any
32 owner or operator upon request. Priority for payment
33 shall be determined by the date the Agency receives a
34 complete request for partial or final payment. Upon
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1 receipt of notification from the Agency that the
2 requirements of this Title have been met, the Comptroller
3 shall make payment to the owner or operator of the amount
4 approved by the Agency, if sufficient money exists in the
5 Fund. If there is insufficient money in the Fund, then
6 payment shall not be made. If the owner or operator
7 appeals a final Agency payment determination and it is
8 determined that the owner or operator is eligible for
9 payment or additional payment, the priority date for the
10 payment or additional payment shall be the same as the
11 priority date assigned to the original request for
12 partial or final payment.
13 (4) Any deductible, as determined pursuant to the
14 Office of the State Fire Marshal's eligibility and
15 deductibility final determination in accordance with
16 Section 57.9, shall be subtracted from any payment
17 invoice paid to an eligible owner or operator. Only one
18 deductible shall apply per underground storage tank site.
19 (5) In the event that costs are or will be incurred
20 in addition to those approved by the Agency, or after
21 payment, the owner or operator may submit successive
22 plans containing amended budgets. The requirements of
23 Section 57.7 shall apply to any amended plans.
24 (6) For purposes of this Section, a complete
25 application shall consist of:
26 (A) A certification from a Licensed
27 Professional Engineer as required under this Title
28 and acknowledged by the owner or operator.
29 (B) A statement of the amount approved in the
30 plan and the amount actually sought for payment
31 along with a certified statement that the amount so
32 sought shall be expended in conformance with the
33 approved budget.
34 (C) A copy of the Office of the State Fire
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1 Marshal's eligibility and deductibility
2 determination.
3 (D) Proof that approval of the payment
4 requested will not result in the limitations set
5 forth in subsection (g) of this Section being
6 exceeded.
7 (E) A federal taxpayer identification number
8 and legal status disclosure certification on a form
9 prescribed and provided by the Agency.
10 (b) Commencement of corrective action upon availability
11 of funds. The Board shall adopt regulations setting forth
12 procedures based on risk to human health or the environment
13 under which the owner or operator who has received approval
14 for any budget plan submitted pursuant to Section 57.7, and
15 who is eligible for payment from the Underground Storage Tank
16 Fund pursuant to an Office of the State Fire Marshal
17 eligibility and deductibility determination, may elect to
18 defer site classification, low priority groundwater
19 monitoring, or remediation activities until funds are
20 available in an amount equal to the amount approved in the
21 budget plan. The regulations shall establish criteria based
22 on risk to human health or the environment to be used for
23 determining on a site-by-site basis whether deferral is
24 appropriate. The regulations also shall establish the
25 minimum investigatory requirements for determining whether
26 the risk based criteria are present at a site considering
27 deferral and procedures for the notification of owners or
28 operators of insufficient funds, Agency review of request for
29 deferral, notification of Agency final decisions, returning
30 deferred sites to active status, and earmarking of funds for
31 payment.
32 (c) When the owner or operator requests indemnification
33 for payment of costs incurred as a result of a release of
34 petroleum from an underground storage tank, if the owner or
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1 operator has satisfied the requirements of subsection (a) of
2 this Section, the Agency shall forward a copy of the request
3 to the Attorney General. The Attorney General shall review
4 and approve the request for indemnification if:
5 (1) there is a legally enforceable judgment entered
6 against the owner or operator and such judgment was
7 entered due to harm caused by a release of petroleum from
8 an underground storage tank and such judgment was not
9 entered as a result of fraud; or
10 (2) a settlement with a third party due to a
11 release of petroleum from an underground storage tank is
12 reasonable.
13 (d) Notwithstanding any other provision of this Title,
14 the Agency shall not approve payment to an owner or operator
15 from the Fund for costs of corrective action or
16 indemnification incurred during a calendar year in excess of
17 the following aggregate amounts based on the number of
18 petroleum underground storage tanks owned or operated by such
19 owner or operator in Illinois.
20 Amount Number of Tanks
21 $1,000,000............................fewer than 101
22 $2,000,000...............................101 or more
23 (1) Costs incurred in excess of the aggregate
24 amounts set forth in paragraph (1) of this subsection
25 shall not be eligible for payment in subsequent years.
26 (2) For purposes of this subsection, requests
27 submitted by any of the agencies, departments, boards,
28 committees or commissions of the State of Illinois shall
29 be acted upon as claims from a single owner or operator.
30 (3) For purposes of this subsection, owner or
31 operator includes (i) any subsidiary, parent, or joint
32 stock company of the owner or operator and (ii) any
33 company owned by any parent, subsidiary, or joint stock
34 company of the owner or operator.
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1 (e) Costs of corrective action or indemnification
2 incurred by an owner or operator which have been paid to an
3 owner or operator under a policy of insurance, another
4 written agreement, or a court order are not eligible for
5 payment under this Section. An owner or operator who
6 receives payment under a policy of insurance, another written
7 agreement, or a court order shall reimburse the State to the
8 extent such payment covers costs for which payment was
9 received from the Fund. Any monies received by the State
10 under this subsection (e) shall be deposited into the Fund.
11 (f) Until the Board adopts regulations pursuant to
12 Section 57.14, handling charges are eligible for payment only
13 if they are equal to or less than the amount determined by
14 the following table:
15 Subcontract or field Eligible Handling Charges
16 Purchase Cost as a Percentage of Cost
17 $0 - $5,000...........................................12%
18 $5,001 - $15,000.............$600+10% of amt. over $5,000
19 $15,001 - $50,000...........$1600+8% of amt. over $15,000
20 $50,001 - $100,000..........$4400+5% of amt. over $50,000
21 $100,001 - $1,000,000......$6900+2% of amt. over $100,000
22 (g) The Agency shall not approve any payment from the
23 Fund to pay an owner or operator:
24 (1) for costs of corrective action incurred by such
25 owner or operator in an amount in excess of $1,000,000
26 per occurrence; and
27 (2) for costs of indemnification of such owner or
28 operator in an amount in excess of $1,000,000 per
29 occurrence.
30 (h) Payment of any amount from the Fund for corrective
31 action or indemnification shall be subject to the State
32 acquiring by subrogation the rights of any owner, operator,
33 or other person to recover the costs of corrective action or
34 indemnification for which the Fund has compensated such
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1 owner, operator, or person from the person responsible or
2 liable for the release.
3 (i) If the Agency refuses to pay or authorizes only a
4 partial payment, the affected owner or operator may petition
5 the Board for a hearing in the manner provided for the review
6 of permit decisions in Section 40 of this Act.
7 (j) Costs of corrective action or indemnification
8 incurred by an owner or operator prior to July 28, 1989,
9 shall not be eligible for payment or reimbursement under this
10 Section.
11 (k) The Agency shall not pay costs of corrective action
12 or indemnification incurred before providing notification of
13 the release of petroleum in accordance with the provisions of
14 this Title.
15 (l) Corrective action does not include legal defense
16 costs. Legal defense costs include legal costs for seeking
17 payment under this Title unless the owner or operator
18 prevails before the Board in which case the Board may
19 authorize payment of legal fees.
20 (m) The Agency may apportion payment of costs for plans
21 submitted under Section 57.7(c)(4)(E)(iii) if:
22 (1) the owner or operator was deemed eligible to
23 access the Fund for payment of corrective action costs
24 for some, but not all, of the underground storage tanks
25 at the site; and
26 (2) the owner or operator failed to justify all
27 costs attributable to each underground storage tank at
28 the site.
29 (Source: P.A. 88-496; 88-668, eff. 9-16-94; 89-428, eff.
30 1-1-96; 89-457, eff. 5-22-96; revised 10-31-98.)
31 (415 ILCS 5/57.14)
32 Sec. 57.14. Advisory Committee; regulations.
33 (a) There is hereby established an Underground Storage
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1 Tank Advisory Committee which shall consist of one member
2 from the Illinois State Chamber of Commerce, one member from
3 the Illinois Manufacturers Association, one member from the
4 Illinois Petroleum Council, 2 members from the Illinois
5 Petroleum Marketers Association, and one member from the
6 Consulting Engineers Council of Illinois.
7 (b) Within 6 months after the effective date of this
8 amendatory Act of 1993, the Agency, after consultation with
9 the Underground Storage Tank Advisory Committee, shall
10 propose regulations prescribing procedures and standards for
11 its administration of this Title. Within 6 months after
12 receipt of the Agency's proposed regulations, the Board shall
13 adopt, pursuant to Sections 27 and 28 of this Act,
14 regulations which are consistent with this Title. The
15 regulations, at a minimum, shall specify all of the
16 following:
17 (1) Criteria for determining indicator contaminants
18 based on the type of petroleum stored in an underground
19 storage tank. If no groundwater standard exists for an
20 indicator contaminant, the regulations shall specify
21 procedures to define and quantify appropriate groundwater
22 objectives.
23 (2) Types of corrective action activities which are
24 eligible for payment.
25 (3) Costs which are not corrective action costs.
26 (4) Procedures for requesting payment for
27 corrective action costs and information necessary to
28 complete such requests.
29 (5) Procedures for requesting and submitting
30 corrective action plans and budgets under this Title and
31 the information necessary to complete such plans and
32 budgets.
33 (6) Procedures for determining and collecting
34 excess payments.
-1101- LRB9101253EGfg
1 (7) In the case of plans or reports submitted to
2 the Agency under this Title, the proposed and final
3 regulations shall specify procedures for the review of
4 plans or reports. A payment application that certifies
5 that a corrective action program was completed in
6 accordance with an approved proposal or report and at or
7 below the approved budget amount shall be deemed approved
8 unless the Agency has reason to believe that the
9 certification is fraudulent.
10 (c) Until such time as the regulations required under
11 this Section take effect, the Agency shall administer its
12 activities under this Title in accordance with the provisions
13 therein.
14 (d) Members of the advisory committee may organize
15 themselves as they deem necessary. Members shall serve
16 without compensation but shall be reimbursed for their
17 expenses from Underground Storage Tank Fund.
18 (e) By September 15, 1996, the Agency shall propose
19 regulations in accordance with item (2) (B) of subsection
20 (b) of Section 57.7, subsection (b) of Section 57.8, and
21 subsection (f) of Section 57.10. Within 6 months after
22 receipt of the Agency's proposed regulations, the Board shall
23 adopt, under Sections 27 and 28 of this Act, rules that are
24 consistent with item (2) (B) of subsection (b) of Section
25 57.7, subsection (b) of Section 57.8, and subsection (f) of
26 Section 57.10.
27 (Source: P.A. 89-428, eff. 1-1-96; 89-457, eff. 5-22-96;
28 90-14, eff. 7-1-97; revised 10-28-98.)
29 Section 200. The Local Solid Waste Disposal Act is
30 amended by changing Section 3.1 as follows:
31 (415 ILCS 10/3.1) (from Ch. 85, par. 5903.1)
32 Sec. 3.1. If a solid waste management plan prepared and
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1 implemented under Section 3 of this Act, Section 4 of the
2 Solid Waste Planning and Recycling Act, Section 2 of the
3 Illinois Solid Waste Management Act, Section 22.15 of the
4 Environmental Protection Act, or Section 4 of the Solid Waste
5 Planning and Recycling Act, or the Energy Facility Plan,
6 specifies that incineration shall be a means used by a
7 facility to meet waste disposal needs within a jurisdiction,
8 that facility shall be deemed a qualified solid waste energy
9 facility if it meets the following requirements:
10 (1) The operator annually certifies to the Illinois
11 Commerce Commission that solid waste is the primary fuel and
12 comprises no less than 95% of the annual fuel loading.
13 (2) The operator guarantees that the solid waste
14 throughput volume shall be equal to at least 66% of the
15 design capacity of the facility.
16 (3) (A) A solid waste management plan has been developed
17 by the unit or units of local government included in the
18 area that is intended to be served by the facility and
19 has been filed with and approved by the Illinois
20 Environmental Protection Agency pursuant to subsection
21 (g) of Section 22.15 of the Illinois Environmental
22 Protection Act or pursuant to Section 5 of the Solid
23 Waste Planning and Recycling Act. Any such plan shall
24 establish a recycling goal of a minimum of 25% by weight
25 of the solid waste stream generated within the planning
26 area; or
27 (B) For any facility that receives local site
28 approval before May 1, 1989, a Solid Waste Energy
29 Facility Plan has been developed with respect to the
30 facility by the owner or operator of the facility and has
31 been filed with and approved by the Illinois
32 Environmental Protection Agency. Any such Solid Waste
33 Energy Facility Plan shall establish a recycling goal of
34 at least 25% of the solid waste stream received by the
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1 Solid Waste Energy Facility, and shall include a
2 description of the processes and systems to be utilized
3 by the facility for materials and energy recovery.
4 (4) A good faith effort has been made by the unit or
5 units of local government served by the facility or the owner
6 or operator of the facility to achieve the 25% recycling goal
7 at the time the facility commences commercial operation and
8 thereafter.
9 (Source: P.A. 86-145; 86-1028; 87-650; revised 10-31-98.)
10 Section 201. The Illinois Solid Waste Management Act is
11 amended by changing Sections 7.3 and 8 as follows:
12 (415 ILCS 20/7.3)
13 Sec. 7.3. Waste collection pilot project. On or before
14 March 1, 1994, the Department shall issue a Request for
15 Proposals Proposal to establish a pilot wet/dry collection
16 pilot project, serving at least 600 households, to evaluate
17 the feasibility of wet/dry collection systems that divert
18 source separated recyclables and compostable nontoxic organic
19 materials from the residential and commercial waste streams.
20 The study shall evaluate both two-stream and three-stream
21 systems using, at a minimum, the following criteria:
22 convenience and effectiveness of different sorting systems,
23 waste diversion potential, compost quality, marketability of
24 end-products, contamination levels, efficiency and cost of
25 various collection systems, and participation levels.
26 The pilot project shall include, but need not be limited
27 to, the following materials: newspapers, mixed paper, glass
28 containers, plastic containers, food waste, paper towels,
29 facial tissue, cardboard, and metals. The pilot program
30 shall include promotional materials to discourage residents
31 from collecting their grass clippings.
32 (Source: P.A. 88-182; revised 10-31-98.)
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1 (415 ILCS 20/8)
2 Sec. 8. Recycling Economic Development Program. On or
3 before March 1, 1994, the Department shall issue a Request
4 for Proposals Proposal that invites individuals,
5 not-for-profit corporations, and small businesses to submit
6 proposals to develop enterprises that use secondary materials
7 that are collected in municipal and business recycling
8 programs for the manufacture of recycled-content products.
9 Grants to qualified applicants shall not exceed $50,000 for
10 any one proposal. The Department shall provide grants in an
11 amount not to exceed $150,000 during any one fiscal year.
12 The terms of the grants shall be determined by the
13 Department. This program shall operate for a period not to
14 exceed 2 years.
15 The Department shall give priority to proposals that will
16 create small scale businesses in economically depressed
17 areas. In determining the most viable proposals, the
18 Department may consider, in addition to its regular market
19 development program guidelines, the nature of the business,
20 its capital needs, benefits to the community, program budget
21 constraints, local financing opportunities, and the type of
22 secondary material that will be used as feedstock in the
23 reuse or remanufacturing process.
24 The Department shall hold at least 2 informational
25 meetings in the State to publicize the existence of this
26 recycling economic redevelopment Request for Proposals
27 Proposal and shall provide technical assistance to any
28 potential respondent desiring such assistance. Grant
29 recipients shall prepare and submit to the Department a one
30 year progress report which the Department shall summarize and
31 submit to the General Assembly along with recommendations on
32 measures that the State can undertake to stimulate
33 small-scale market development ventures, particularly in
34 economically-depressed areas.
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1 None of the provisions of this Section shall limit or
2 affect other programs administered by the Department pursuant
3 to this Act.
4 (Source: P.A. 88-445; revised 10-31-98.)
5 Section 202. The Public Water Supply Operations Act is
6 amended by changing Section 1 as follows:
7 (415 ILCS 45/1) (from Ch. 111 1/2, par. 501)
8 Sec. 1. (1) In order to safeguard the health and well
9 being of the populace, every public water supply in Illinois
10 shall have on its operational staff at least one natural
11 person certified as competent as a water supply operator
12 under the provisions of this Act.
13 Except for exempt public water supplies, all portions of
14 a community public water supply system shall be under the
15 supervision of a properly certified water supply operator.
16 (2) The following class requirements apply:
17 (a) Each community public water supply which
18 includes coagulation, lime softening, or sedimentation as
19 a part of its primary treatment shall have in its employ
20 at least one natural person certified as competent as a
21 Class A water supply operator.
22 (b) Each non-exempt community public water supply
23 which includes filtration, aeration and filtration, or
24 ion exchange equipment as a part of its primary treatment
25 shall have in its employ at least one natural person
26 certified as competent as a Class B or Class A water
27 supply operator.
28 (c) Each non-exempt community public water supply
29 which utilizes chemical feeding only shall have in its
30 employ at least one natural person certified as competent
31 as a Class C, Class B, or Class A water supply operator.
32 (d) Those non-exempt community public water
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1 supplies in which the facilities are limited to pumpage,
2 storage, or distribution shall have in their employ at
3 least one natural person certified as competent as a
4 Class D, Class C, Class B, or Class A water supply
5 operator.
6 (3) A public water supply may satisfy the requirements
7 of this Section 1 of this Act by contracting the services of
8 a properly qualified certified operator of the required class
9 or higher, as specified in subsection (2) Section 1 of this
10 Act. A written contract to this effect must be on file with
11 the Agency certifying that such an agreement exists, and
12 delegating responsibility and authority to the contracted
13 party. This written agreement shall be signed by both the
14 certified operator to be contracted and the responsible water
15 supply owners and operators, shall be duly notarized, and
16 must be approved in writing by the Agency.
17 (Source: P.A. 82-393; revised 10-31-98.)
18 Section 203. The Wastewater Land Treatment Site
19 Regulation Act is amended by changing Section 3.01 as
20 follows:
21 (415 ILCS 50/3.01) (from Ch. 111 1/2, par. 583.01)
22 Sec. 3.01. No person may establish, operate, manage or
23 maintain any wastewater land treatment site or digested
24 sludge utilization site within any county unless a program
25 for that purpose is first submitted to a steering committee
26 of 15 members appointed as follows:
27 (1) 5 members appointed by the County Board of the
28 County within which the proposed site is located;
29 (2) 3 members appointed by the applicant;
30 (3) 2 members appointed by the President of the
31 University of Illinois, at least one of whom shall be a
32 representative of the local Agricultural Extension Service;
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1 and.
2 (4) 5 members, including one appointed, 1 by the
3 Director or Secretary of each of the following Departments:
4 (a) the Environmental Protection Agency;
5 (b) the Department of Natural Resources;
6 (c) the Department of Transportation;
7 (d) the Department of Public Health; and
8 (e) the Department of Agriculture.
9 (Source: P.A. 89-445, eff. 2-7-96; revised 10-31-98.)
10 Section 204. The Illinois Pesticide Act is amended by
11 changing Sections 7 and 8 as follows:
12 (415 ILCS 60/7) (from Ch. 5, par. 807)
13 Sec. 7. Refusal to Register, Cancellation, Suspension.
14 1. The Director may refuse to register a pesticide or
15 cancel or suspend a pesticide registration if:
16 A. It does not appear that the composition of the
17 pesticide is such as to warrant the proposed claims, if
18 the pesticide does not comply with provisions of this Act
19 or regulations promulgated thereunder, or if the labeling
20 and other materials required for registration do not
21 comply with provisions of this Act or regulations
22 promulgated thereunder. The Director shall notify the
23 applicant of the manner in which the pesticide labeling
24 or other material fails to comply so as to afford the
25 applicant an opportunity to make necessary corrections.
26 The Director may refuse to register the pesticide if the
27 required changes are not made. The applicant may request
28 a hearing as provided under the Illinois Administrative
29 Procedure Procedures Act.
30 B. It is determined that a pesticide or its
31 labeling does not comply with provisions of this Act or
32 regulations promulgated thereunder or unreasonable
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1 adverse effects on the environment would result from
2 continued registration, the Director may cancel the
3 registration or change the use classification of the
4 pesticide. Prior to cancellation or a change in
5 classification, the Director shall conduct a hearing in
6 accordance with provisions of the Illinois Administrative
7 Procedure Act.
8 C. It is determined that there is an imminent
9 hazard. The Director may, of his own accord, suspend the
10 registration of a pesticide and with utmost expedition
11 conduct a hearing in accordance with the Illinois
12 Administrative Procedure Procedures Act for the purposes
13 of determining whether to cancel the registration or
14 reclassify the pesticide's use.
15 2. Any person adversely affected by any order as
16 provided for in this Section may obtain judicial review by
17 filing in the Circuit Court, within 60 days after entry of
18 such order, a petition praying the order in whole or in part
19 be set aside. The petition shall be forthwith transmitted by
20 the Clerk of the Court to the Director. The Director shall
21 file with the court a record of the proceedings on which the
22 order is based. The Court shall have jurisdiction to affirm
23 or set aside in whole or in part such order. The findings of
24 the Director with respect to questions of fact shall be
25 sustained if supported by substantial evidence. Upon
26 application, the Court may remand the matter to the Director
27 to take further testimony if there are reasonable grounds for
28 failure to adduce such evidence in the prior hearing. The
29 Director may modify his order by reason of additional
30 evidence and shall file the additional record and
31 modification with the Clerk of the Court.
32 3. If the Director determines that a pesticide does not
33 comply with registration provisions of FIFRA or the
34 regulations adopted thereunder, he shall advise USEPA of the
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1 manner in which said pesticide fails to comply and suggest
2 necessary correction.
3 (Source: P.A. 81-197; revised 10-31-98.)
4 (415 ILCS 60/8) (from Ch. 5, par. 808)
5 Sec. 8. Authority, Determinations, Rules and
6 Regulations, Uniformity.
7 1. The Director is authorized, after due notice and
8 opportunity for hearing, to declare and establish as a pest,
9 for purposes of pesticide use and application, any form of
10 plant or animal life, other than man himself, bacteria,
11 viruses, and the microorganisms on or in living man or other
12 living animals, which is injurious to health or the
13 environment, provided that the classification of plants as
14 pest does not violate provisions of the "Illinois Noxious
15 Weed Law".
16 2. The Director is authorized, after due notice and
17 public hearing as provided in the Illinois Administrative
18 Procedure Procedures Act, to make appropriate regulations for
19 enforcement and administration of the Act including, but not
20 limited to, regulations providing for:
21 A. The collection, examination, and analysis of
22 samples of pesticides or devices.
23 B. The storage, display, distribution and disposal
24 of pesticides or devices and their containers.
25 C. The methods of pesticide application which may
26 relate to time, place, manner, methods, material amounts,
27 or combinations and concentrations, in connection with
28 the application of the pesticide.
29 D. Packaging, and material coloration necessary to
30 protect public health and the environment from pesticides
31 with experimental use or special local need registration.
32 Such regulations must be consistent with the FIFRA rules
33 and regulations promulgated thereunder.
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1 E. The storage, handling, and containment of
2 pesticides at agrichemical facilities and the protection
3 of groundwater consistent with the provisions of Section
4 14.6 of the Environmental Protection Act.
5 F. The development and implementation of an
6 Agrichemical Facility Response Action Program as provided
7 in Section 19.3.
8 3. For purposes of uniformity and in order to enter into
9 cooperative agreements, the Director may adopt use
10 classifications and other pertinent pesticide registration
11 provisions which are established by the Administrator, EPA.
12 4. Regulations adopted under this Act shall not permit
13 any pesticide use prohibited by the FIFRA or any regulations
14 or orders issued thereunder.
15 5. The Director is authorized to cooperate with such
16 state or federal agencies as may be reasonable and proper to
17 carry out the provisions of this Act.
18 (Source: P.A. 89-94, eff. 7-6-95; revised 10-31-98.)
19 Section 205. The Environmental Toxicology Act is amended
20 by changing Section 6 as follows:
21 (415 ILCS 75/6) (from Ch. 111 1/2, par. 986)
22 Sec. 6. At the request of a unit of local government to
23 which a siting approval application for a new pollution
24 control facility for the storage, treatment or disposal of
25 hazardous waste has been made, pursuant to Section 39.2 of
26 the Environmental Environment Protection Act, the Department
27 shall evaluate the public health implications of such
28 proposed facility.
29 Such request shall be made to the Department within 14
30 days of the filing of the application. The Department shall
31 transmit its evaluation to the unit of local government
32 within 75 days of the request. Such evaluation shall be made
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1 available for public inspection and shall be made part of the
2 hearing record. If the Department fails to transmit the
3 evaluation prior to the last required public hearing the unit
4 of local government may consider that evaluation in making
5 its determination only upon its finding that the delay has
6 not resulted in material prejudice to the applicant or the
7 public.
8 (Source: P.A. 88-681, eff. 12-22-94; revised 10-31-98.)
9 Section 206. The Recycled Newsprint Use Act is amended
10 by changing Section 2002 as follows:
11 (415 ILCS 110/2002) (from Ch. 96 1/2, par. 9752)
12 Sec. 2002. Definitions. As used in this Act, the terms
13 defined in the Sections that follow this Section and precede
14 Section 2003 3 shall have the meaning therein given.
15 (Source: P.A. 86-1443; revised 10-31-98.)
16 Section 207. The Alternate Fuels Act is amended by
17 changing Sections 10 and 25 as follows:
18 (415 ILCS 120/10)
19 Sec. 10. Definitions. As used in this Act:
20 "Agency" means the Environmental Protection Agency.
21 "Alternate fuel" means liquid petroleum gas, natural gas,
22 E85 blend fuel, fuel composed of a minimum 80% ethanol,
23 bio-based methanol, fuels derived from biomass, or
24 electricity.
25 "Alternate fuel vehicle" means any vehicle that is
26 operated in Illinois and is capable of using an alternate
27 fuel.
28 "Conventional", when used to modify the word "vehicle",
29 "engine", or "fuel", means gasoline or diesel or any
30 reformulations of those fuels.
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1 "Covered Area" means the counties of Cook, DuPage, Kane,
2 Lake, McHenry, and Will and those portions of Grundy County
3 and Kendall County that are included in the following ZIP
4 code areas, as designated by the U.S. Postal Service on the
5 effective date of this amendatory Act of 1998: 60416, 60444,
6 60447, 60450, 60481, 60538, and 60543.
7 "Director" means the Director of the Environmental
8 Protection Agency.
9 "Domestic renewable fuel" means a fuel, produced in the
10 United States, composed of a minimum 80% ethanol, bio-based
11 methanol, and fuels derived from bio-mass.
12 "E85 blend fuel" means fuel that contains 85% ethanol and
13 15% gasoline.
14 "GVWR" means Gross Vehicle Weight Rating.
15 "Location" means (i) a parcel of real property or (ii)
16 multiple, contiguous parcels of real property that are
17 separated by private roadways, public roadways, or private or
18 public rights-of-way and are owned, operated, leased, or
19 under common control of one party.
20 "Original equipment manufacturer" or "OEM" means a
21 manufacturer of alternate fuel vehicles or a manufacturer or
22 remanufacturer of alternate fuel engines used in vehicles
23 greater than 8500 pounds GVWR.
24 "Rental vehicle" means any motor vehicle that is owned or
25 controlled primarily for the purpose of short-term leasing or
26 rental pursuant to a contract.
27 (Source: P.A. 89-410; 90-726, eff. 8-7-98; 90-797, eff.
28 12-15-98; revised 12-24-98.)
29 (415 ILCS 120/25)
30 Sec. 25. Ethanol fuel research program. The Department
31 of Commerce and Community Affairs shall administer a research
32 program to reduce the costs of producing ethanol fuels and
33 increase the viability of ethanol fuels, new ethanol engine
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1 technologies, and ethanol refueling infrastructure. This
2 research shall be funded from the Alternate Fuels Fund. The
3 research program shall remain in effect until December 31,
4 2002, or until funds are no longer available.
5 (Source: P.A. 89-410; 90-726, eff. 8-7-98; 90-797, eff.
6 12-15-98; revised 12-24-98.)
7 Section 208. The Radiation Installation Act is amended
8 by changing Section 3 as follows:
9 (420 ILCS 30/3) (from Ch. 111 1/2, par. 196)
10 Sec. 3. Exceptions to registration. The registration
11 requirements of this Act shall not apply to the following
12 materials, machines or conditions:
13 (a) Natural radioactive materials of an equivalent
14 specific radioactivity not exceeding that of natural
15 potassium, except when such materials are produced, stored,
16 used, handled or disposed in such quantity or fashion that
17 any person might receive within a week a radiation dose
18 exceeding one-tenth the maximum permissible total weekly dose
19 for any critical organ exposed, as determined by the
20 standards established by the National Committee on Radiation
21 Protection.
22 (b) Radioactive material in such quantity that if the
23 entire amount were taken internally, continuously, or at one
24 time by a person, no harmful effect would be likely to
25 result. Listings of the upper limits of quantities of
26 radioactive materials which are exempt from registration are
27 given in the following table. These limits apply only for
28 radioactive material not contained in sealed sources:
29 Upper Upper Upper
30 Radio- Limit Radio- Limit Radio- Limit
31 active Micro- active Micro- active Micro-
32 Material curie Material curie Material curie
33 210 48 200
34 Pb 1 V 100 Tl 100
35 210 59 204
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1 Po 1 Fe 100 Tl 100
2 211 65 203
3 At 1 Zn An 100 Pb 100
4 226 72 234
5 Ra 1 Ga 100 Th 100
6 227 76 3
7 Ac 1 As 100 H 1000
8 233 86 7
9 U 1 Rb 100 Be 1000
10 239 89 14
11 Pu 1 Sr 100 C 1000
12 241 91 24
13 Am 1 Y 100 Na 1000
14 242 95 35
15 Cm 1 Nb 100 S 1000
16 46 96 42
17 Sc 10 Tc 100 K 1000
18 60 105 51
19 Co 10 Rh 100 Cr 1000
20 90 109 55
21 Sr 10 Cd 100 Fe 1000
22 105 111 56
23 Ag 10 Ag 100 Mn 1000
24 106 113 59
25 Ru 10 Sn 100 Ni 1000
26 129 127 64
27 Te 10 Te 100 Cu 1000
28 131 140 71
29 I 10 Ba 100 Ge 1000
30 137 140 99
31 Cs 10 La 100 Mo 1000
32 144 143 103
33 Ce 10 Pr 100 Pd 1000
34 154 151 147
35 Eu 10 Sm 100 Pm 1000
36 181 166 190
37 W 10 Ho 100 Ir 1000
38 183 170 196
39 Re 10 Ta 100 Au 1000
40 192 177 201
41 Ir 10 Lu 100 Tl 1000
42 32 182 202
43 P 100 Tm 100 Tl 1000
44 36 191
45 Cl 100 Pt 100 Natural U 1000
46 45 193
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1 Ca 100 Pt 100 Natural Th 1000
2 47 198
3 Sc 100 Au 100
4 48 199
5 Sc 100 Au 100
6 (c) Radioactive materials in sealed sources in total
7 quantities not exceeding one millicurie for a given
8 installation.
9 (d) Timepieces, instruments, novelties or devices
10 containing self-luminous elements, except during the
11 manufacture of the self-luminous elements and the production
12 of said timepieces, instruments, novelties; and except when
13 the timepieces, instruments, novelties or devices are stored,
14 used, repaired, handled or disposed in such quantity or
15 fashion that any person might receive within a week a
16 radiation dose exceeding one-tenth the maximum permissible
17 total weekly dose for any critical organ exposed, as
18 determined by the standards established by the National
19 Committee on Radiation Protection.
20 (e) Electrical equipment that is primarily not intended
21 to produce radiation and which operates in such a manner that
22 no person may receive within a week a radiation dose
23 exceeding one-tenth the maximum permissible total weekly dose
24 for any critical organ exposed, as determined by the
25 standards established by the National Committee on Radiation
26 Protection. Provided, the production testing or production
27 servicing of all such electrical equipment shall not be
28 exempt from registration.
29 (f) Any radioactive material or radiation machine being
30 transported on vessels, aircraft, railroad cars or motor
31 vehicles in conformity with regulations adopted by any agency
32 having jurisdiction over safety during transportation.
33 (g) Radiation machines, radioactive materials and
34 radiation installations which the Department finds to be
35 without radiation hazard, as determined by the standards
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1 established by the National Committee on Radiation
2 Protection.
3 (Source: P.A. 90-14, eff. 7-1-97; 90-391, eff. 8-15-97;
4 revised 10-28-98.)
5 Section 209. The Fireworks Use Act is amended by
6 changing Section 4 as follows:
7 (425 ILCS 35/4) (from Ch. 127 1/2, par. 130)
8 Sec. 4. Whenever any officer or employee of the Office
9 of the State Fire Marshal or the Department of State Police,
10 a Sheriff, a Deputy Sheriff, or a member of any city council
11 or board of trustees of any village or incorporated town or
12 county board has reason to believe that any violation of this
13 Act has occurred within the jurisdiction within which such
14 official is authorized to act and that the person so
15 violating the Act has in his possession fireworks or
16 combustibles, such official may file a complaint in writing,
17 verified by affidavit, with any circuit court within whose
18 jurisdiction the premises to be searched are situated,
19 stating the facts upon which such belief is founded, the
20 premises to be searched, and the property to be seized, and
21 procure a search warrant and execute the same. Upon the
22 execution of such search warrant, the person executing the
23 same shall make due return thereof to the court issuing the
24 same, together with an inventory of the property taken
25 thereunder. The court shall thereupon issue process against
26 the owner of such property if he be known, otherwise against
27 the party in whose possession the property so taken was
28 found, if known. In case of inability to serve such process
29 upon the owner or the person in possession of the property at
30 the time of its seizure, as hereinbefore provided, notice of
31 the proceedings before the court shall be given as required
32 by the statutes of the State governing cases of attachment.
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1 Upon the return of the process duly served or upon the
2 posting or publishing of notice made, as hereinabove
3 provided, the court or jury, if a jury shall be demanded,
4 shall proceed to determine whether or not such property so
5 seized was held or possessed in violation of this Act. In
6 case of a finding that the fireworks or combustibles seized
7 were possessed in violation of this Act, judgment shall be
8 entered confiscating and forfeiting the property and ordering
9 its destruction.
10 (Source: P.A. 84-25; revised 10-31-98.)
11 Section 210. The Hotel Floor Plan Posting Act is amended
12 by changing Section 1 as follows:
13 (425 ILCS 50/1) (from Ch. 127 1/2, par. 81)
14 Sec. 1. The term "hotel" means any building or buildings
15 maintained, advertised, and held out to the public to be a
16 place where lodging is offered for consideration to travelers
17 and guests. The term includes terms include inns, motels,
18 tourist homes or courts and lodging houses.
19 (Source: P.A. 82-186; revised 10-31-98.)
20 Section 211. The Firearm Owners Identification Card Act
21 is amended by changing Section 1.1 as follows:
22 (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
23 Sec. 1.1. For purposes of this Act:
24 "Firearm" means any device, by whatever name known, which
25 is designed to expel a projectile or projectiles by the
26 action of an explosion, expansion of gas or escape of gas;
27 excluding, however:
28 (1) any pneumatic gun, spring gun, paint ball gun
29 or B-B gun which either expels a single globular
30 projectile not exceeding .18 inch in diameter and which
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1 has a maximum muzzle velocity of less than 700 feet per
2 second or breakable paint balls containing washable
3 marking colors;
4 (2) any device used exclusively for signalling or
5 safety and required or recommended by the United States
6 Coast Guard or the Interstate Commerce Commission; or
7 (3) any device used exclusively for the firing of
8 stud cartridges, explosive rivets or similar industrial
9 ammunition; and
10 (4) an antique firearm (other than a machine-gun)
11 which, although designed as a weapon, the Department of
12 State Police finds by reason of the date of its
13 manufacture, value, design, and other characteristics is
14 primarily a collector's item and is not likely to be used
15 as a weapon.
16 "Firearm ammunition" means any self-contained cartridge
17 or shotgun shell, by whatever name known, which is designed
18 to be used or adaptable to use in a firearm; excluding,
19 however:
20 (1) any ammunition exclusively designed for use
21 with a device used exclusively for signalling or safety
22 and required or recommended by the United States Coast
23 Guard or the Interstate Commerce Commission; and or
24 (2) any ammunition designed exclusively for use
25 with a stud or rivet driver or other similar industrial
26 ammunition.
27 (Source: P.A. 86-349; 86-1265; revised 10-31-98.)
28 Section 212. The Release of Genetically Engineered
29 Organisms Act is amended by changing Section 3 as follows:
30 (430 ILCS 95/3) (from Ch. 111 1/2, par. 7603)
31 Sec. 3. Notification.
32 (a) Except as provided under Section 8, no person may
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1 commence a regulated release unless the person provides to
2 the reviewing Department for that regulated release all of
3 the following information within 7 days after the person
4 submits or should have submitted the information specified in
5 paragraph (1) of this subsection (a) to a federal regulator,
6 whichever is sooner:
7 (1) A copy of all information which the person is
8 required to submit to the federal regulator and which is
9 not confidential information.
10 (2) A summary of any confidential information which
11 the person submits or is required to submit to a federal
12 regulator. The summary shall be sufficient to enable the
13 reviewing Department to prepare the comment authorized
14 under Section 5 and to provide information to the public
15 and shall have minimal extraneous and irrelevant
16 information.
17 (b) Notwithstanding subsection (a) of Section 7 (7), if
18 either Department receives information under this subsection,
19 it shall provide a copy of such information to the other
20 Department.
21 (Source: P.A. 86-306; revised 10-31-98.)
22 Section 213. The Agricultural Areas Conservation and
23 Protection Act is amended by changing Section 7 as follows:
24 (505 ILCS 5/7) (from Ch. 5, par. 1007)
25 Sec. 7. Public hearing required. The Agricultural Areas
26 Committee of the county board shall hold a public hearing on
27 any proposal for the creation of an agricultural area. Such
28 hearing shall be held at a place within the proposed area or
29 a place readily accessible to the proposed area. Notice of
30 the hearing shall contain a statement of the time, date and
31 place of the public hearing and a description of the proposed
32 area and any proposed additions. Such notice shall in
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1 addition contain a statement that the public hearing will be
2 he held concerning the original proposal, any written
3 amendments proposed during the 30 day review period and any
4 recommendations proposed by the county committee or the
5 planning commissions. The notice shall be published in a
6 newspaper having a general circulation within the proposed
7 area or if no newspaper has general circulation within the
8 proposed area, then in a newspaper having general circulation
9 within the county, and shall be given in writing to the
10 persons owning land within such a proposed area.
11 (Source: P.A. 81-1173; revised 12-23-98.)
12 Section 214. The Beef Market Development Act is amended
13 by changing Section 13 as follows:
14 (505 ILCS 25/13) (from Ch. 5, par. 1413)
15 Sec. 13. With the delivery by certified mail to the
16 Illinois Beef Council office of, petitions from each of the 7
17 districts containing signatures of at least 100 beef
18 producers from each district, stating "Shall the Beef Market
19 Development Act continue", the Illinois Beef Council shall,
20 within 90 days, conduct a referendum to determine if a
21 majority of the beef producers voting in such referendum
22 support the continuation of the Illinois "Beef Market
23 Development Act". Referendums under this Section shall be
24 held not more than one time each 5 years.
25 (Source: P.A. 83-84; revised 10-31-98.)
26 Section 215. The Illinois Sheep and Wool Production
27 Development and Marketing Act is amended by changing Sections
28 15 and 23 as follows:
29 (505 ILCS 115/15) (from Ch. 5, par. 1065)
30 Sec. 15. Any properly qualified sheep and/or wool
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1 production development or marketing program shall provide for
2 assessments against producers of the affected commodity to
3 defray the costs of the activities provided for in the sheep
4 and wool production development and marketing program.
5 Assessments authorized in a sheep and/or wool production
6 development and marketing program shall be based on the
7 quantity of commodity marketed and shall be equitably
8 assessed against all affected producers in one of two ways as
9 follows:;
10 (a) If assessments are levied against only wool, then
11 the total assessment levied on the commodity of any affected
12 producer shall be 2 cents per pound of wool produced and sold
13 by that producer during the first 5 years a program is in
14 operation.
15 If deemed necessary after the first 5 years a program is
16 in operation the rate can be increased, not to exceed 1/2
17 cent per pound per every 2 years by a vote of a 5/7 majority
18 of the entire sheep and wool production development and
19 marketing board, however the assessment rate cannot exceed 5
20 cents per pound. In subsequent years, the sheep and wool
21 production development and marketing board can request the
22 Director to hold a producer referendum to increase above and
23 beyond the maximum assessment rate of 5 cents per pound of
24 wool allowed under the provisions of this Act. Providing
25 that a majority of those producers voting, vote in favor, the
26 sheep and wool production development and marketing board can
27 then increase the rate.
28 (b) If assessments are levied against both sheep and
29 wool, then the total assessment levied on both commodities of
30 any affected producer shall be one cent per pound of wool
31 produced and sold by that producer and 10 cents per head of
32 sheep produced and sold by that producer during the first 5
33 years a program is in operation.
34 If deemed necessary after the first 5 years a program is
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1 in operation, the rate can be increased, not to exceed 1/4
2 cent per pound of wool per every 2 years and not to exceed
3 2 1/2 cents per head of sheep per every 2 years, by a vote of
4 5/7 majority of the entire sheep and wool production
5 development and marketing board, however the assessment rate
6 cannot exceed 2 1/2 cents per pound of wool and cannot exceed
7 25 cents per head of sheep. In subsequent years, the sheep
8 and wool production development and marketing board can
9 request the Director to hold a producer referendum to
10 increase above and beyond the maximum assessment rates of
11 2 1/2 cents per pound of wool and 25 cents per head of sheep
12 allowed under the provisions of the Act. Providing that a
13 majority of those producers voting, vote in favor, the sheep
14 and wool production development and marketing board can then
15 increase the rate.
16 Upon approval of a sheep and wool production development
17 and marketing program by a majority of those voting in a
18 referendum and pursuant to the provisions of this Act and of
19 the approved program, the first purchasers of sheep and/or
20 wool shall withhold and remit such assessments to the sheep
21 and wool production development and marketing board. From
22 the time withheld, such assessments shall be the property of
23 said board and shall be held in trust by the first purchaser
24 until the assessment is remitted to the Board. Such
25 assessments shall not be subject to levy or execution by any
26 creditor of the first purchaser. The sheep and wool
27 production development and marketing board shall have the
28 power to cause any duly authorized agent or representative to
29 enter upon the premises of any purchaser of sheep and wool
30 and examine or cause to be examined by such agent only books,
31 papers and records which deal in any way with respect to the
32 payment of the assessment or enforcement of this Act.
33 (Source: P.A. 82-100; revised 10-31-98.)
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1 (505 ILCS 115/23) (from Ch. 5, par. 1073)
2 Sec. 23. This Act shall not be subject to Section 5-35
3 of the Illinois Administrative Procedure Act.
4 (Source: P.A. 88-45; revised 10-31-98.)
5 Section 216. The Soybean Marketing Act is amended by
6 changing Section 15 as follows:
7 (505 ILCS 130/15) (from Ch. 5, par. 565)
8 Sec. 15. (1) For any marketing program approved by
9 referendum under this Act the Director shall:
10 (a) take steps to insure that adequate and proper
11 records are kept and that an annual audit summary is
12 available to all program participants;
13 (b) take steps to insure that adequate bonds are
14 maintained;
15 (c) coordinate administrative activities between
16 the program operating board and the Department; and
17 (d) confer and cooperate with the legally
18 constituted authorities of other states and the United
19 States.
20 (2) (e) Following approval of any marketing program or
21 amendment, the Director shall file the program or amendment
22 with the Secretary of State as provided in Section 5-65 of
23 the Illinois Administrative Procedure Act. Such program or
24 amendment shall be included in the rules of the Department
25 required by Section 5-15 of the Illinois Administrative
26 Procedure Act.
27 (Source: P.A. 88-45; revised 10-31-98.)
28 Section 217. The Bees and Apiaries Act is amended by
29 changing Section 2c as follows:
30 (510 ILCS 20/2c) (from Ch. 8, par. 124c)
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1 Sec. 2c. Upon a finding that there exist exists in this
2 State, or in any other state, territory, district, province
3 or country bee diseases, bee parasites, or exotic strains of
4 bees, the Director may impose and enforce a quarantine
5 restricting the transportation of bees, colonies, or items of
6 used bee equipment capable of carrying bee diseases, bee
7 parasites or exotic strains of bees into, within or
8 throughout the State. In carrying out the provisions of
9 this Section or any quarantine, the Director may, at the
10 expense of the owner, when an infestation, infection or
11 nuisance is located, seize or abate bees, colonies, or items
12 of used bee equipment.
13 When the Director finds that there exist exists in any
14 other state, territory, district, province or country bee
15 diseases, bee parasites or exotic strains of bees, with
16 respect to which the United States Secretary of Agriculture
17 has not established a quarantine, and that the bee diseases,
18 bee parasites or exotic strains of bees coming therefrom into
19 this State are likely to convey such diseases, infestations
20 or nuisances, the Director shall report such fact to the
21 Governor. The Governor may thereupon, by proclamation,
22 prohibit the transportation into this State of such bees,
23 colonies, or items of used bee equipment except under such
24 regulations as may be prescribed by the Department.
25 (Source: P.A. 88-138; revised 10-31-98.)
26 Section 218. The Humane Care for Animals Act is amended
27 by changing Sections 4.04 and 16 as follows:
28 (510 ILCS 70/4.04) (from Ch. 8, par. 704.04)
29 Sec. 4.04. Injuring Injury or killing police animals
30 prohibited. It shall be unlawful for any person to willfully
31 or maliciously torture, mutilate, injure, disable, poison, or
32 kill any animal used by a law enforcement department or
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1 agency in the performance of the functions or duties of the
2 such department or agency or when placed in confinement off
3 duty. However, a police officer or veterinarian may perform
4 euthanasia in emergency situations when delay would cause the
5 animal undue suffering and pain.
6 (Source: P.A. 90-80, eff. 7-10-97; revised 10-31-98.)
7 (510 ILCS 70/16) (from Ch. 8, par. 716)
8 Sec. 16. Violations; punishment; injunctions.
9 (a) Any person convicted of violating Sections 5, 5.01,
10 or 6 of this Act or any rule, regulation, or order of the
11 Department pursuant thereto, is guilty of a Class C
12 misdemeanor.
13 (b)(1) This subsection (b) does not apply where the
14 only animals involved in the violation are dogs.
15 (2) Any person convicted of violating subsection
16 (a), (b), (c) or (h) of Section 4.01 of this Act or any
17 rule, regulation, or order of the Department pursuant
18 thereto, is guilty of a Class A misdemeanor.
19 (3) A second or subsequent offense involving the
20 violation of subsection (a), (b) or (c) of Section 4.01
21 of this Act or any rule, regulation, or order of the
22 Department pursuant thereto is a Class 4 felony.
23 (4) Any person convicted of violating subsection
24 (d), (e) or (f) of Section 4.01 of this Act or any rule,
25 regulation, or order of the Department pursuant thereto,
26 is guilty of a Class B misdemeanor.
27 (5) Any person convicted of violating subsection
28 (g) of Section 4.01 of this Act or any rule, regulation,
29 or order of the Department pursuant thereto is guilty of
30 a Class C misdemeanor.
31 (c)(1) This subsection (c) applies exclusively
32 where the only animals involved in the violation are
33 dogs.
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1 (2) Any person convicted of violating subsection
2 (a), (b) or (c) of Section 4.01 of this Act or any rule,
3 regulation or order of the Department pursuant thereto is
4 guilty of a Class 4 felony and may be fined an amount not
5 to exceed $50,000.
6 (3) Any person convicted of violating subsection
7 (d), (e) or (f) of Section 4.01 of this Act or any rule,
8 regulation or order of the Department pursuant thereto is
9 guilty of Class A misdemeanor, if such person knew or
10 should have known that the device or equipment under
11 subsection (d) or (e) of that Section or the site,
12 structure or facility under subsection (f) of that
13 Section was to be used to carry out a violation where the
14 only animals involved were dogs. Where such person did
15 not know or should not reasonably have been expected to
16 know that the only animals involved in the violation were
17 dogs, the penalty shall be same as that provided for in
18 paragraph (4) of subsection (b).
19 (4) Any person convicted of violating subsection
20 (g) of Section 4.01 of this Act or any rule, regulation
21 or order of the Department pursuant thereto is guilty of
22 a Class C misdemeanor.
23 (5) A second or subsequent violation of subsection
24 (a), (b) or (c) of Section 4.01 of this Act or any rule,
25 regulation or order of the Department pursuant thereto is
26 a Class 3 felony. A second or subsequent violation of
27 subsection (d), (e) or (f) of Section 4.01 of this Act or
28 any rule, regulation or order of the Department adopted
29 pursuant thereto is a Class 3 felony, if in each
30 violation the person knew or should have known that the
31 device or equipment under subsection (d) or (e) of that
32 Section or the site, structure or facility under
33 subsection (f) of that Section was to be used to carry
34 out a violation where the only animals involved were
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1 dogs. Where such person did not know or should not
2 reasonably have been expected to know that the only
3 animals involved in the violation were dogs, a second or
4 subsequent violation of subsection (d), (e) or (f) of
5 Section 4.01 of this Act or any rule, regulation or order
6 of the Department adopted pursuant thereto is a Class A
7 misdemeanor. A second or subsequent violation of
8 subsection (g) is a Class B misdemeanor.
9 (6) Any person convicted of violating Section 3.01
10 of this Act is guilty of a Class C misdemeanor. A second
11 conviction for a violation of Section 3.01 is a Class B
12 misdemeanor. A third or subsequent conviction for a
13 violation of Section 3.01 is a Class A misdemeanor.
14 (7) Any person convicted of violating Section 4.03
15 is guilty of a Class B misdemeanor.
16 (8) Any person convicted of violating Section 4.04
17 is guilty of a Class A misdemeanor where the animal is
18 not killed or totally disabled, but if the animal is
19 killed or totally disabled such person shall be guilty of
20 a Class 4 felony.
21 (8.5) A person convicted of violating subsection
22 (a) of Section 7.15 is guilty of a Class B misdemeanor.
23 A person convicted of violating subsection (b) or (c) of
24 Section 7.15 is (i) guilty of a Class A misdemeanor if
25 the dog is not killed or totally disabled and (ii) if the
26 dog is killed or totally disabled, guilty of a Class 4
27 felony and may be ordered by the court to make
28 restitution to the disabled person having custody or
29 ownership of the dog for veterinary bills and replacement
30 costs of the dog.
31 (9) Any person convicted of violating any other
32 provision of this Act, or any rule, regulation, or order
33 of the Department pursuant thereto, is guilty of a Class
34 C misdemeanor with every day that a violation continues
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1 constituting a separate offense.
2 (d) Any person convicted of violating Section 7.1 is
3 guilty of a petty offense. A second or subsequent conviction
4 for a violation of Section 7.1 is a Class C misdemeanor.
5 (e) Any person convicted of violating Section 3.02 is
6 guilty of a Class A misdemeanor.
7 (f) The Department may enjoin a person from a continuing
8 violation of this Act.
9 (Source: P.A. 89-455, eff. 5-20-96; 89-689, eff. 12-31-96;
10 90-14, eff. 7-1-97; 90-80, eff. 7-10-97; revised 10-31-98.)
11 Section 219. The Fish and Aquatic Life Code is amended
12 by changing Section 10-15 as follows:
13 (515 ILCS 5/10-15) (from Ch. 56, par. 10-15)
14 Sec. 10-15. Method of taking certain fish. Muskellunge,
15 northern pike, pickerels, walleye, sauger, largemouth bass,
16 smallmouth bass, spotted bass, warmouth, rock bass, white
17 bass, yellow bass, striped bass (ocean rockfish), sunfish,
18 bluegill, crappie, trout, salmon, and their hybrids shall be
19 taken only by properly licensed individuals and only with
20 sport fishing devices as provided in Section 10-95 10.95.
21 (Source: P.A. 89-66, eff. 1-1-96; revised 10-31-98.)
22 Section 220. The Wildlife Code is amended by changing
23 Sections 1.4, 2.18-1, and 2.24 as follows:
24 (520 ILCS 5/1.4) (from Ch. 61, par. 1.4)
25 Sec. 1.4. The Department is authorized to make rules and
26 regulations for carrying out, administering and enforcing the
27 provisions of this Act. These rules and regulations shall be
28 called and hereinafter referred to as administrative rules.
29 Each rule shall be promulgated in accordance with the
30 Illinois Administrative Procedure Procedures Act as amended.
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1 A copy of any such rule, under the seal of the Department
2 and certified by the Director thereof shall be received in
3 evidence in all courts of this State with the same effect as
4 the original.
5 Such rules, after becoming effective, shall be enforced
6 in the same manner as are any other provisions of this Act
7 and violators thereof are subject to the penalties set out in
8 Section 3.5 of this Act.
9 (Source: P.A. 85-152; revised 10-31-98.)
10 (520 ILCS 5/2.18-1) (from Ch. 61, par. 2.18-1)
11 Sec. 2.18-1. (a) It shall be lawful for any person who
12 holds the licenses, permits and stamps required by this Act
13 for the taking of migratory waterfowl to use, in addition to
14 or in lieu of any other authorized ammunition, either lead or
15 steel shotgun pellets in taking such waterfowl at any
16 location in the State where the hunting of migratory
17 waterfowl is authorized, except as provided under subsection
18 (b) of this Section and at specific sites where there are
19 documented cases of lead poisoning of waterfowl and all
20 alternative methods of alleviating lead poisoning (such as
21 dewatering, flooding and/or tillage) have been determined to
22 be unsuccessful in preventing lead poisoning losses of
23 waterfowl. At such specific sites, shot shell ammunition
24 containing non-toxic pellets, such as steel, shall be used.
25 These specific sites may be designated by the Department
26 after statewide public hearings have been conducted and the
27 results of such hearings have been reviewed.
28 (b) The Department shall be authorized to designate, by
29 rule, pursuant to the Illinois Administrative Procedure Act,
30 areas that shall be limited to the use of non-toxic pellets;
31 provided, however, that such authorization shall only exist
32 for those areas which the federal government has mandated
33 shall be closed to all waterfowl hunting unless the State
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1 agrees to the prohibition of the use of toxic shotgun
2 pellets.
3 No State agency shall issue or make any rule, regulation,
4 order or agreement which is in conflict with this Section.
5 (Source: P.A. 85-127; revised 10-31-98.)
6 (520 ILCS 5/2.24) (from Ch. 61, par. 2.24)
7 Sec. 2.24. It shall be unlawful to take or possess deer
8 in this State, except in compliance with the provisions of
9 Sections Section 2.25, 2.26, and 3.23 and the administrative
10 rules issued under the provisions of those such Sections. It
11 is unlawful for any person to knowingly take any all-white
12 all white whitetail deer (Odocoileus virginianus) in this
13 State at any time.
14 (Source: P.A. 85-152; revised 10-31-98.)
15 Section 221. The Illinois Endangered Species Protection
16 Act is amended by changing Section 3 as follows:
17 (520 ILCS 10/3) (from Ch. 8, par. 333)
18 Sec. 3. It is unlawful for any person:
19 (1) to possess, take, transport, sell, offer for
20 sale, give or otherwise dispose of any animal or the
21 product thereof of any animal species which occurs on the
22 Illinois List;, or
23 (2) to deliver, receive, carry, transport or ship
24 in interstate or foreign commerce plants listed as
25 endangered by the federal government without a permit
26 therefor issued by the Department as provided in Section
27 4 of this Act; and
28 (3) to take plants on the Illinois List without the
29 express expressed written permission of the landowner; or
30 (4) to sell or offer for sale plants or plant
31 products of endangered species on the Illinois List.
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1 (Source: P.A. 84-1065; revised 10-31-98.)
2 Section 222. The Cave Protection Act is amended by
3 changing Section 6 as follows:
4 (525 ILCS 5/6) (from Ch. 96 1/2, par. 9506)
5 Sec. 6. It shall be unlawful for any person, without the
6 express expressed written permission of the land owner, to:
7 (a) Willfully or knowingly break, break off, crack,
8 carve upon, write, burn, mark upon, remove, or in any manner
9 destroy, disturb, deface, mar, or harm the surfaces of any
10 cave or any natural material which may be found therein,
11 whether attached or broken, including speleothems, speleogens
12 and sedimentary deposits.
13 (b) Break, force, tamper with, or otherwise disturb a
14 lock, gate, door or other obstruction designed to control or
15 prevent access to any cave, even though entrance thereto may
16 not be gained.
17 (c) Remove, deface or tamper with a sign stating that a
18 cave is posted or citing provisions of this Act.
19 (d) Store, dump, litter, dispose of or otherwise place
20 any refuse, garbage, dead animal, sewage, or toxic substance
21 harmful to cave life or humans in any cave or sinkhole.
22 (e) Burn within any cave or sinkhole any material which
23 produces any smoke or gas which is harmful to any organism in
24 any cave. This Section shall specifically exempt acetylene
25 gas emissions created by carbide lamps used as a source of
26 light by persons using the cave.
27 (f) Kill, injure, disturb or otherwise interfere with
28 any cave life, including any cave roosting bat, or interfere
29 with or obstruct the free movement of any cave resource into
30 or out of any cave, or enter any cave with the intention of
31 killing, injuring, disturbing or interfering with life forms
32 therein.
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1 (g) Remove any natural or cultural resources found
2 within any cave.
3 (Source: P.A. 84-140; revised 10-31-98.)
4 Section 223. The State Forest Act is amended by changing
5 Section 6 as follows:
6 (525 ILCS 40/6) (from Ch. 96 1/2, par. 5907)
7 Sec. 6. The Department shall have the authority to take
8 all measures necessary to secure plants and plant materials
9 from private sources and to establish and operate nurseries
10 to produce and distribute plants and plant materials. The
11 Department shall develop and implement a program of securing
12 plants and plant materials from private sources. The
13 Department shall utilize the most modern methods and
14 techniques to operate its nursery facilities.
15 The plants and plant materials secured or produced shall
16 be used exclusively for conservation purposes, such as for
17 wildlife habitat, erosion control, energy conservation,
18 natural community restoration, general reforestation,
19 research, commemorative plantings, and educational programs
20 such as Arbor Day. Plants and plant materials distributed by
21 the State shall not be used for ornamental, landscaping or
22 shade tree purposes. Plants and plant materials secured or
23 produced and distributed by the State nurseries are to be
24 protected against abuses, such as may occur in the event of
25 livestock grazing or wildfire.
26 The Department may cooperate with any person or group
27 desirous of establishing plants or plant materials for
28 conservation plantings by (a) furnishing trees, shrubs, seeds
29 or other materials where deemed necessary or desirable, or
30 (b) providing labor, equipment and technical supervision to
31 plan and implement the conservation plantings, or both.
32 Plants and plant materials may be provided, upon approval
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1 of a written management plan, without charge to individual
2 landowners, State agencies and institutions, local
3 governments, civic groups and others for conservation
4 plantings.
5 Plants and plant materials may be provided without charge
6 to government agencies and institutions, organized groups or
7 individuals for special conservation plantings, research
8 plantings, educational purposes and commemorative plantings.
9 Plants and plant materials may be made available to the
10 general public, mining companies, other industries and
11 agencies of the federal government but shall be sold at a
12 price approximately equal to the cost of acquisition or
13 production and distribution.
14 Products such as Christmas trees, roundwood and other
15 materials derived from State distributed plants or plant
16 materials may be utilized, sold or removed, except that no
17 such plants shall be resold, bartered or given away and
18 removed alive with the roots attached.
19 The Department may effect exchanges, purchases or sales
20 involving plants and plant materials with other states or
21 with agencies of the federal government.
22 The Department shall have the authority to make such
23 rules and regulations pursuant to the Illinois Administrative
24 Procedure Procedures Act as it deems necessary for carrying
25 out, administering and enforcing the provisions of this Act.
26 (Source: P.A. 85-150; revised 10-31-98.)
27 Section 224. The Water Use Act of 1983 is amended by
28 changing Section 5.1 as follows:
29 (525 ILCS 45/5.1) (from Ch. 5, par. 1605.1)
30 Sec. 5.1. Groundwater Emergency Restrictions.
31 (a) Each District within any county in Illinois through
32 which the Iroquois River flows, and each District within any
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1 county in Illinois with a population in excess of 100,000
2 through which the Mackinaw River flows, is authorized to
3 recommend to the Department of Agriculture restrictions on
4 groundwater withdrawal as provided by this Section.
5 A land occupier or person who possesses land which
6 contains a point of withdrawal that is capable of producing
7 more than 100,000 gallons of water on any day shall register
8 that point of withdrawal with the District and shall furnish
9 such reasonable data in such form as may be required by the
10 District.
11 (b) The District, with the assistance and approval of
12 the Department of Agriculture, shall issue recommended
13 guidelines for the construction of points of withdrawal and
14 the type and setting of pumps for use in those points of
15 withdrawal. Copies of the guidelines shall be made available
16 from the District upon request.
17 (c) Within 2 working days after receiving a written
18 complaint from a land occupier or a person whose point of
19 withdrawal has failed to furnish its normal supply of water,
20 the District shall schedule an on-site investigation. If the
21 investigation discloses (1) that the point of withdrawal
22 fails to furnish its normal supply of water, (2) that the
23 failure is caused by a substantial lowering of the level of
24 groundwater in the area, and (3) that the point of withdrawal
25 and its equipment conform to the recommended guidelines of
26 the District issued under subsection (b), the District may
27 recommend to the Department of Agriculture that the
28 Department restrict the quantity of water that a person may
29 extract from any point of withdrawal within the District's
30 boundaries which is capable of producing more than 100,000
31 gallons on any day. The restriction shall be expressed in
32 gallons of water, may apply to one or more points of
33 withdrawal within the District, and may be broadened or
34 narrowed as appropriate. The restrictions shall be lifted as
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1 soon as justified by changed conditions.
2 (d) When a District determines that restriction of the
3 withdrawal of water at a particular point within the District
4 is necessary to preserve an adequate water supply for all
5 residents in the District, the District may recommend to the
6 Department of Agriculture that the Department restrict the
7 quantity of water that may be extracted from any point of
8 withdrawal within the District which is capable of producing
9 more than 100,000 gallons of water on any day. The
10 Department shall review the District's recommendation and if
11 it agrees with such recommendation shall restrict the
12 withdrawal of water within the District in accordance with
13 subsection (c) and shall notify each land occupier or person
14 who possesses land which contains a registered point of
15 withdrawal affected by the restriction.
16 If the Department disagrees with the District's
17 recommendation, it shall notify the District, the land
18 occupier or the person who possesses land which contains a
19 registered point of withdrawal affected by the recommendation
20 and the complainant, giving the reason for the failure to
21 affirm the recommendation. The Department may propose an
22 alternate recommendation.
23 If the District, the respondent or the complainant
24 disagrees with the decision of the Department, such person
25 may request an administrative hearing to be conducted by the
26 Department in accordance with the Illinois Administrative
27 Procedure Act to show cause concerning its decision.
28 Final decisions of the Department pursuant to this
29 Section may be appealed in accordance with the Administrative
30 Review Law.
31 (e) The Department is authorized to promulgate rules and
32 regulations, including emergency rules, for the
33 implementation of this amendatory Act of 1987. The Department
34 may set the general policy for the Districts to follow in the
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1 administration of this Act.
2 (Source: P.A. 85-1330; revised 10-31-98.)
3 Section 225. The Illinois Highway Code is amended by
4 changing Sections 4-508, 4-510, 6-315a, and 6-513 as follows:
5 (605 ILCS 5/4-508) (from Ch. 121, par. 4-508)
6 Sec. 4-508. (a) Except as provided in paragraphs (c) and
7 (d) of this Section, and subject to the written approval of
8 the Governor, the Department may dispose of, by public sale,
9 at auction or by sealed bids, any land, rights or other
10 properties, real or personal, acquired for but no longer
11 needed for highway purposes or remanents acquired under the
12 provisions of Section 4-501, provided that no such sale may
13 be made for less than the fair appraised value of such land,
14 rights, or property.
15 (b) Except as provided in paragraphs (c) and (d) of this
16 Section, and subject to the written approval of the Governor,
17 the Department may exchange any land, rights or property no
18 longer needed for highway purposes, or remanents, acquired
19 under the provisions of Section 4-501 of this Code for
20 equivalent interests in land, rights or property needed for
21 highway purposes. Where such interests are not of equivalent
22 value cash may be paid or received for the difference in
23 value.
24 (c) If at the time any property previously determined by
25 the Department to be needed for highway purposes is declared
26 no longer needed for such purposes, and the person from whom
27 such property was acquired still owns and has continuously
28 owned land abutting such property since the acquisition by
29 the Department, the Department before making any disposition
30 of that property shall first offer in writing that property
31 to the person from whom such property was acquired at the
32 current appraised value of the property. If the offer is
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1 accepted in writing within 60 days of the date of the written
2 offer, the Department, subject to the written approval of the
3 Governor, is authorized to dispose of such property to the
4 person from whom such property was acquired upon payment of
5 the appraised value. If the offer is not accepted in writing
6 within 60 days of the date of the written offer, all rights
7 under this paragraph shall terminate.
8 (d) If the Department enters into or currently has a
9 written contract with another highway authority for the
10 transfer of jurisdiction of any highway or portion thereof,
11 the Department is authorized to convey, without compensation,
12 any land, dedications, easements, access rights, or any
13 interest in the real estate that it holds to that specific
14 highway or portion thereof to the highway authority that is
15 accepting or has accepted jurisdiction. However, no part of
16 the transferred property can be vacated or disposed of
17 without the approval of the Department, which may require
18 compensation for non-public use.
19 (e) (d) Except as provided in paragraph (c) of this
20 Section, if the Department obtains or obtained fee simple
21 title to, or any lesser interest, in any land, right, or
22 other property and must comply with subdivision (f)(3) of
23 Section 6 of Title I of the Land and Water Conservation Fund
24 Act of 1965 (16 U.S.C. 460 l-8(f)(3)), the Historic Bridge
25 Program established under Title 23, United States Code,
26 Section 144, subsection (o) (23 U.S.C. 144(o)), the National
27 Historic Preservation Act (16 U.S.C. Sec. 470), the
28 Interagency Wetland Policy Act of 1989, or the Illinois State
29 Agency Historic Resources Preservation Act, the Department,
30 subject to the written approval of the Governor and
31 concurrence of the grantee, is authorized to convey the title
32 or interest in the land, right, or other property to another
33 governmental agency, or a not-for-profit organization that
34 will use the property for purposes consistent with the
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1 appropriate law.
2 The Department may retain rights to protect the public
3 interest.
4 (Source: P.A. 90-573, eff. 2-6-98; 90-755, eff. 1-1-99;
5 revised 8-31-98.)
6 (605 ILCS 5/4-510) (from Ch. 121, par. 4-510)
7 Sec. 4-510. The Department may establish presently the
8 approximate locations and widths of rights of way for future
9 additions to the State highway system to inform the public
10 and prevent costly and conflicting development of the land
11 involved.
12 The Department shall hold a public hearing whenever
13 approximate locations and widths of rights of way for future
14 highway additions are to be established. The hearing shall be
15 held in or near the county or counties where the land to be
16 used is located and notice of the hearing shall be published
17 in a newspaper or newspapers of general circulation in the
18 county or counties involved. Any interested person or his
19 representative may be heard. The Department shall evaluate
20 the testimony given at the hearing.
21 The Department shall make a survey and prepare a map
22 showing the location and approximate widths of the rights of
23 way needed need for future additions to the highway system.
24 The map shall show existing highways in the area involved and
25 the property lines and owners of record of all land that will
26 be needed for the future additions and all other pertinent
27 information. Approval of the map with any changes resulting
28 from the hearing shall be indicated in the record of the
29 hearing and a notice of the approval and a copy of the map
30 shall be filed in the office of the recorder for all counties
31 in which the land needed for future additions is located.
32 Public notice of the approval and filing shall be given
33 in newspapers of general circulation in all counties where
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1 the land is located and shall be served by registered mail
2 within 60 days thereafter on all owners of record of the land
3 needed for future additions.
4 The Department may approve changes in the map from time
5 to time. The changes shall be filed and notice given in the
6 manner provided for an original map.
7 After the map is filed and notice thereof given to the
8 owners of record of the land needed for future additions, no
9 one shall incur development costs or place improvements in,
10 upon or under the land involved nor rebuild, alter or add to
11 any existing structure without first giving 60 days notice by
12 registered mail to the Department. This prohibition shall not
13 apply to any normal or emergency repairs to existing
14 structures. The Department shall have 45 days after receipt
15 of that notice to inform the owner of the Department's
16 intention to acquire the land involved; after which, it shall
17 have the additional time of 120 days to acquire such land by
18 purchase or to initiate action to acquire said land through
19 the exercise of the right of eminent domain. When the right
20 of way is acquired by the State no damages shall be allowed
21 for any construction, alteration or addition in violation of
22 this Section unless the Department has failed to acquire the
23 land by purchase or has abandoned an eminent domain
24 proceeding initiated pursuant to the provisions of this
25 paragraph.
26 Any right of way needed for additions to the highway
27 system may be acquired at any time by the State or by the
28 county or municipality in which it is located. The time of
29 determination of the value of the property to be taken under
30 this Section for additions to the highway system shall be the
31 date of the actual taking, if the property is acquired by
32 purchase, or the date of the filing of a complaint for
33 condemnation, if the property is acquired through the
34 exercise of the right of eminent domain, rather than the date
-1140- LRB9101253EGfg
1 when the map of the proposed right-of-way was filed of
2 record. The rate of compensation to be paid for farm land
3 acquired hereunder by the exercise of the right of eminent
4 domain shall be in accordance with Section 4-501 of this
5 Code.
6 (Source: P.A. 83-358; revised 10-31-98.)
7 (605 ILCS 5/6-315a) (from Ch. 121, par. 6-315a)
8 Sec. 6-315a. Any 3 persons who, at a hearing conducted
9 by the county superintendent of highways pursuant to Section
10 6-306, 6-311 or 6-312 of this Act, have been permitted to
11 appear, in person or by counsel, and to introduce evidence
12 and cross examine witnesses, may (if they are qualified
13 petitioners, or have raised objections at a hearing pursuant
14 to Section 6-311 or 6-312 of this Act and will be directly
15 and adversely affected by such proposed alteration or
16 vacation) obtain judicial review of such final administrative
17 decision of the superintendent (meaning his final order
18 denying the petition after a hearing pursuant to Section
19 6-306, or granting or denying the petition after a hearing
20 pursuant to Section 6-311 or 6-312, to be filed in the office
21 of the district clerk after the hearing) pursuant to the
22 Administrative Review Law, and all amendments and
23 modifications thereof, and any rules adopted pursuant
24 thereto. The term "administrative decision" is defined as in
25 Section 3-101 of the Code of Civil Procedure. Such judicial
26 review proceeding shall be given precedence over all other
27 civil cases, except cases arising under the "Workers'
28 Compensation Act" and "the Unemployment Insurance
29 Compensation Act".
30 (Source: P.A. 82-783; revised 10-31-98.)
31 (605 ILCS 5/6-513) (from Ch. 121, par. 6-513)
32 Sec. 6-513. The county board, in any county having the
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1 commission form of government in which a county unit road
2 district is established, may issue bonds of the county in an
3 amount not exceeding 2.875% of the value, as equalized and
4 assessed by the Department of Revenue, of the property in
5 such county or, until January 1, 1983, if greater, the sum
6 that is produced by multiplying the county's 1978 equalized
7 assessed valuation by the debt limitation percentage in
8 effect on January 1, 1979, for the purpose of constructing
9 county unit district roads. However, the question of issuing
10 such county bonds shall first be submitted to the legal
11 voters of such county at an election. The county board shall
12 adopt a resolution to submit the question of issuing such
13 bonds to a vote, specifying therein the particular roads or
14 bridges to be constructed, the type of construction to be
15 made on each section of such roads or on such bridges, the
16 proposed widths of the roadway, together with an estimate of
17 the cost of such construction. The county board shall
18 certify the resolution to the proper election officials, who
19 shall submit at an election such proposition in accordance
20 with the general election law. Notice of the referendum shall
21 be given and the referendum shall be held in accordance with
22 the general election law of the State. The proposition shall
23 be in substantially the following form:
24 -------------------------------------------------------------
25 Shall county bonds for county YES
26 unit district roads be issued to the ------------------------
27 amount of $....? NO
28 -------------------------------------------------------------
29 If a majority of the voters voting on such question vote
30 in favor of the proposition, the county board may at once
31 issue the bonds and take the necessary steps to construct the
32 roads provided for. Such bonds shall be issued to mature
33 within 20 years from the date of issue, shall be upon such
34 terms and conditions and shall bear such rate of interest not
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1 in excess of the amount permitted pursuant to "An Act to
2 authorize public corporations to issue bonds, other evidences
3 of indebtedness and tax anticipation warrants subject to
4 interest rate limitations set forth therein", approved May
5 26, 1970, as amended, as shall be fixed by the county board.
6 Such bonds shall be sold upon competitive bids; and the
7 county board may, if it is of the opinion that the bids are
8 unsatisfactory, reject the same and re-advertise and solicit
9 other bids. At the time or before issuing any such bonds, the
10 county board shall adopt a resolution fixing the details of
11 such bonds and providing for the levy of a direct annual tax
12 to pay the principal and interest on such bonds as the same
13 become due. A register of all bonds so issued shall be kept
14 in the office of the county clerk, and it shall be the duty
15 of the county clerk to annually extend a tax upon all the
16 taxable property of the county sufficient to pay the interest
17 and principal on such bonds, as the same shall become due.
18 Such tax shall not be subject to any limitation as to rate or
19 amount. However, if it has been certified to the county clerk
20 that funds from other sources have been allocated and set
21 aside for the purpose of paying the principal or interest, or
22 both, of such bonds, the county clerk shall, in extending the
23 tax and fixing the rate of tax under this Section make proper
24 allowance and reduction in such extension of tax and tax rate
25 to the extent of the funds so certified to be available for
26 the payment of such principal or interest, or both.
27 (Source: P.A. 84-1325; revised 10-31-98.)
28 Section 226. The Rivers, Lakes, and Streams Act is
29 amended by changing Section 13 as follows:
30 (615 ILCS 5/13) (from Ch. 19, par. 60)
31 Sec. 13. The Department of Natural Resources shall make a
32 careful investigation of every body of water, both river and
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1 lake, in the State, and ascertain to what extent, if at all,
2 the same have been encroached upon by private interests or
3 individuals, and wherever it believes that the same have been
4 encroached upon, the Department shall commence appropriate
5 action either to recover full compensation for such wrongful
6 encroachment, or to recover the use of the same, or of any
7 lands improperly or unlawfully made in connection with any
8 public river or lake for the use of the People of the State.
9 The right and authority hereby given and created shall not be
10 held to be exclusive, or to take from the Attorney General
11 attorney-general or any other law officer of the State, the
12 right to commence suit or action.
13 (Source: P.A. 89-445, eff. 2-7-96; revised 10-31-98.)
14 Section 227. The Navigable Waters Obstruction Act is
15 amended by changing Section 4 as follows:
16 (615 ILCS 20/4) (from Ch. 19, par. 47d)
17 Sec. 4. If any vessel, boat, water craft, or raft, or
18 other similar obstruction, is sinking or grounding, or being
19 unnecessarily delayed in any public or navigable waters
20 mentioned in this Act, in such a manner as to stop, seriously
21 interfere with, or specially endanger navigation, in the
22 opinion of the Director of Natural Resources, or any duly
23 authorized agent of the Department, the Department, or any
24 such agent, shall have the right to take immediate possession
25 of such boat, vessel, or other water craft, or raft, so far
26 as to remove or to destroy it and to clear immediately such
27 public or navigable waters of the obstruction thereby caused,
28 using his best judgment to prevent any unnecessary injury.
29 It is unlawful for anyone any one to prevent such removal or
30 destruction. The Department or agent thereof charged with
31 the removal or destruction of an obstruction under this
32 Section may, in his discretion, give notice in writing to the
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1 owners of any such obstruction requiring them to remove it.
2 The expense of removing any such obstruction as aforesaid
3 shall be a charge against such craft and cargo and if the
4 owners thereof fail or refuse to reimburse the State for such
5 expense within 30 thirty (30) days after notification, then
6 the officer or agent aforesaid may sell the craft or cargo,
7 or any part thereof that may not have been destroyed in
8 removal, at public auction, and the proceeds of such sale
9 shall be deposited with the State Treasurer. If the proceeds
10 of any such sale is not sufficient in amount to reimburse the
11 State for such expense, the State of Illinois, acting by and
12 through its Department of Natural Resources, may, by civil
13 action, obtain judgment against the owners of such craft,
14 cargo, or both for the difference between the proceeds of
15 such sale and the actual expense incurred by the State of
16 Illinois, acting by and through its Department of Natural
17 Resources, in connection with such removal.
18 (Source: P.A. 89-445, eff. 2-7-96; revised 10-31-98.)
19 Section 228. The Illinois Aeronautics Act is amended by
20 changing Section 15 as follows:
21 (620 ILCS 5/15) (from Ch. 15 1/2, par. 22.15)
22 Sec. 15. "Aeronautics instructor" means any individual
23 engaged in giving instruction, or offering to give
24 instruction, in aeronautics, either in flying or ground
25 subjects, or both, for hire or reward, without advertising
26 such occupation, without calling his facilities an in "air
27 school" or anything equivalent thereto, and without employing
28 or using other instructors. It does not include any
29 instructor in any public school or university of this State,
30 or any institution of higher learning duly accredited and
31 approved for carrying on collegiate work, while engaged in
32 his duties as such instructor.
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1 (Source: Laws 1945, p. 335; revised 10-31-98.)
2 Section 229. The Military Emergency Aircraft Restriction
3 Act is amended by changing Section 5 as follows:
4 (620 ILCS 10/5) (from Ch. 15 1/2, par. 183)
5 Sec. 5. Notice of the existence of a state of military
6 emergency and of currently prevailing air traffic control
7 requirements issued to the Department and to civil and
8 military aviation facilities of this State over the Federal
9 Interstate Airways Communications System and the State
10 emergency fan-out system components of the Civil Air Defense
11 Warning Net is sufficient to authorize the Department to
12 control non-scheduled civil aircraft movement as provided in
13 this Act.
14 The Department may utilize, to the extent of capacity,
15 the radio network system of the State Police, county
16 sheriffs' sheriffs offices and municipal police departments
17 in order to assure a reliable and adequate State fan-out
18 communications system required for rapid dissemination of
19 notices to airmen and civil aviation authorities respecting
20 such aircraft movement control as may be required on the part
21 of the Department and airport operators and managers during
22 the existence of a state of military emergency.
23 (Source: P.A. 77-579; revised 10-31-98.)
24 Section 230. The Aircraft Landing and Taking Off
25 Restriction Act is amended by changing Section 3 as follows:
26 (620 ILCS 15/3) (from Ch. 15 1/2, par. 189)
27 Sec. 3. Except as otherwise provided in Section 5 of this
28 Act, every individual charged with the responsibility of
29 grounding aircraft shall have the power to control the
30 movement of aircraft upon the ground or surface of a public
-1146- LRB9101253EGfg
1 airport and forbid the taking off of aircraft from or landing
2 at such public airport to any person or persons whenever
3 there is reason to believe that such movement or flight will
4 endanger the public safety, health, welfare or common defense
5 due to the existence of any one or more of the following
6 conditions:.
7 (a) meteorological conditions,
8 (b) condition or qualification of the pilot or any
9 other person or persons involved in the operation of the
10 aircraft,
11 (c) condition of the aircraft, the use for which it
12 is to be flown, and the manner in which it is loaded,
13 (d) condition of the airport and its facilities,
14 (e) aerial traffic and obstructions to flying, or
15 (f) a military emergency affecting flight of
16 aircraft or use of the airport.
17 (Source: Laws 1959, p. 2104; revised 10-31-98.)
18 Section 231. The Illinois Vehicle Code is amended by
19 changing Sections 1-121, 1-211.01, 2-123, 3-100, 3-112.1,
20 3-602, 3-816, 4-304, 5-102.1, 6-110, 6-118, 6-204, 6-205,
21 6-208, 6-208.1, 6-301.3, 6-517, 6-520, 7-402, 10-301, 11-306,
22 11-501, 11-501.1, 11-501.6, 11-501.8, 12-215, 15-302, 16-104,
23 18a-501, 18c-1102, 18c-1205, 18c-1705, 18c-2402, 18c-4701,
24 and 18c-6102 and by setting forth and renumbering multiple
25 versions of Section 3-643 as follows:
26 (625 ILCS 5/1-121) (from Ch. 95 1/2, par. 1-121)
27 Sec. 1-121. Flammable liquid. Any liquid which has a
28 flash point of 70 degrees Fahrenheit F., or less, as
29 determined by a tagliabue or equivalent closed-cup test
30 device.
31 (Source: P.A. 76-1586; revised 10-31-98.)
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1 (625 ILCS 5/1-211.01) (from Ch. 95 1/2, par. 1-211.01)
2 Sec. 1-211.01. Truck camper. A truck, not used
3 commercially, when equipped with a portable unit designed to
4 be loaded onto the bed which is constructed construed to
5 provide temporary living quarters for recreational, travel,
6 or camping use.
7 (Source: P.A. 81-969; revised 10-31-98.)
8 (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
9 Sec. 2-123. Sale and Distribution of Information.
10 (a) Except as otherwise provided in this Section, the
11 Secretary may make the driver's license, vehicle and title
12 registration lists, in part or in whole, and any statistical
13 information derived from these lists available to local
14 governments, elected state officials, state educational
15 institutions, public libraries and all other governmental
16 units of the State and Federal Government requesting them for
17 governmental purposes. The Secretary shall require any such
18 applicant for services to pay for the costs of furnishing
19 such services and the use of the equipment involved, and in
20 addition is empowered to establish prices and charges for the
21 services so furnished and for the use of the electronic
22 equipment utilized.
23 (b) The Secretary is further empowered to and he may, in
24 his discretion, furnish to any applicant, other than listed
25 in subsection (a) of this Section, vehicle or driver data on
26 a computer tape, disk, or printout at a fixed fee of $200 in
27 advance and require in addition a further sufficient deposit
28 based upon the Secretary of State's estimate of the total
29 cost of the information requested and a charge of $20 per
30 1,000 units or part thereof identified or the actual cost,
31 whichever is greater. The Secretary is authorized to refund
32 any difference between the additional deposit and the actual
33 cost of the request. This service shall not be in lieu of an
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1 abstract of a driver's record nor of a title or registration
2 search. The information sold pursuant to this subsection
3 shall be the entire vehicle or driver data list, or part
4 thereof.
5 (c) Secretary of State may issue registration lists.
6 The Secretary of State shall compile and publish, at least
7 annually, a list of all registered vehicles. Each list of
8 registered vehicles shall be arranged serially according to
9 the registration numbers assigned to registered vehicles and
10 shall contain in addition the names and addresses of
11 registered owners and a brief description of each vehicle
12 including the serial or other identifying number thereof.
13 Such compilation may be in such form as in the discretion of
14 the Secretary of State may seem best for the purposes
15 intended.
16 (d) The Secretary of State shall furnish no more than 2
17 current available lists of such registrations to the sheriffs
18 of all counties and to the chiefs of police of all cities and
19 villages and towns of 2,000 population and over in this State
20 at no cost. Additional copies may be purchased at the fee of
21 $400 each or at the cost of producing the list as determined
22 by the Secretary of State.
23 (e) The Secretary of State shall upon written request
24 and the payment of the fee of $400 furnish the current
25 available list of such motor vehicle registrations to any
26 person so long as the supply of available registration lists
27 shall last.
28 (e-1) Commercial purchasers of driver and vehicle record
29 databases shall enter into a written agreement with the
30 Secretary of State that includes disclosure of the commercial
31 use of the intended purchase. Affected drivers, vehicle
32 owners, or registrants may request that their personally
33 identifiable information not be used for commercial
34 solicitation purposes.
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1 (f) Title or registration search and certification
2 thereof - Fee. The Secretary of State shall make a title or
3 registration search of the records of his office and a
4 written report on the same for any person, upon written
5 application of such person, accompanied by a fee of $4 for
6 each registration or title search. No fee shall be charged
7 for a title or registration search, or for the certification
8 thereof requested by a government agency.
9 The Secretary of State shall certify a title or
10 registration record upon written request. The fee for
11 certification shall be $4 in addition to the fee required for
12 a title or registration search. Certification shall be made
13 under the signature of the Secretary of State and shall be
14 authenticated by Seal of the Secretary of State.
15 The Secretary of State may notify the vehicle owner or
16 registrant of the request for purchase of his title or
17 registration information as the Secretary deems appropriate.
18 The vehicle owner or registrant residence address and
19 other personally identifiable information on the record shall
20 not be disclosed. This nondisclosure shall not apply to
21 requests made by law enforcement officials, government
22 agencies, financial institutions, attorneys, insurers,
23 employers, automobile associated businesses, other business
24 entities for purposes consistent with the Illinois Vehicle
25 Code, the vehicle owner or registrant, or other entities as
26 the Secretary may exempt by rule and regulation. This
27 information may be withheld from the entities listed above,
28 except law enforcement and government agencies upon
29 presentation of a valid court order of protection for the
30 duration of the order.
31 No information shall be released to the requestor until
32 expiration of a 10 day period. This 10 day period shall not
33 apply to requests for information made by law enforcement
34 officials, government agencies, financial institutions,
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1 attorneys, insurers, employers, automobile associated
2 businesses, persons licensed as a private detective or firms
3 licensed as a private detective agency under the Private
4 Detective, Private Alarm, and Private Security Act of 1983,
5 who are employed by or are acting on behalf of law
6 enforcement officials, government agencies, financial
7 institutions, attorneys, insurers, employers, automobile
8 associated businesses, and other business entities for
9 purposes consistent with the Illinois Vehicle Code, the
10 vehicle owner or registrant or other entities as the
11 Secretary may exempt by rule and regulation.
12 Any misrepresentation made by a requestor of title or
13 vehicle information shall be punishable as a petty offense,
14 except in the case of persons licensed as a private detective
15 or firms licensed as a private detective agency which shall
16 be subject to disciplinary sanctions under Section 22 or 25
17 of the Private Detective, Private Alarm, and Private Security
18 Act of 1983.
19 (g) 1. The Secretary of State may, upon receipt of a
20 written request and a fee of $5, furnish to the person or
21 agency so requesting a driver's record. Such document
22 may include a record of: current driver's license
23 issuance information, except that the information on
24 judicial driving permits shall be available only as
25 otherwise provided by this Code; convictions; orders
26 entered revoking, suspending or cancelling a driver's
27 license or privilege; and notations of accident
28 involvement. All other information, unless otherwise
29 permitted by this Code, shall remain confidential.
30 2. The Secretary of State may certify an abstract
31 of a driver's record upon written request therefor.
32 Such certification shall be made under the signature of
33 the Secretary of State and shall be authenticated by the
34 Seal of his office.
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1 3. All requests for driving record information
2 shall be made in a manner prescribed by the Secretary.
3 The Secretary of State may notify the affected
4 driver of the request for purchase of his driver's record
5 as the Secretary deems appropriate.
6 The affected driver residence address and other
7 personally identifiable information on the record shall
8 not be disclosed. This nondisclosure shall not apply to
9 requests made by law enforcement officials, government
10 agencies, financial institutions, attorneys, insurers,
11 employers, automobile associated businesses, other
12 business entities for purposes consistent with the
13 Illinois Vehicle Code, the affected driver, or other
14 entities as the Secretary may exempt by rule and
15 regulation. This information may be withheld from the
16 entities listed above, except law enforcement and
17 government agencies, upon presentation of a valid court
18 order of protection for the duration of the order.
19 No information shall be released to the requester
20 until expiration of a 10 day period. This 10 day period
21 shall not apply to requests for information made by law
22 enforcement officials, government agencies, financial
23 institutions, attorneys, insurers, employers, automobile
24 associated businesses, persons licensed as a private
25 detective or firms licensed as a private detective agency
26 under the Private Detective, Private Alarm, and Private
27 Security Act of 1983, who are employed by or are acting
28 on behalf of law enforcement officials, government
29 agencies, financial institutions, attorneys, insurers,
30 employers, automobile associated businesses, and other
31 business entities for purposes consistent with the
32 Illinois Vehicle Code, the affected driver or other
33 entities as the Secretary may exempt by rule and
34 regulation.
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1 Any misrepresentation made by a requestor of driver
2 information shall be punishable as a petty offense,
3 except in the case of persons licensed as a private
4 detective or firms licensed as a private detective agency
5 which shall be subject to disciplinary sanctions under
6 Section 22 or 25 of the Private Detective, Private Alarm,
7 and Private Security Act of 1983.
8 4. The Secretary of State may furnish without fee,
9 upon the written request of a law enforcement agency, any
10 information from a driver's record on file with the
11 Secretary of State when such information is required in
12 the enforcement of this Code or any other law relating to
13 the operation of motor vehicles, including records of
14 dispositions; documented information involving the use of
15 a motor vehicle; whether such individual has, or
16 previously had, a driver's license; and the address and
17 personal description as reflected on said driver's
18 record.
19 5. Except as otherwise provided in this Section,
20 the Secretary of State may furnish, without fee,
21 information from an individual driver's record on file,
22 if a written request therefor is submitted by any public
23 transit system or authority, public defender, law
24 enforcement agency, a state or federal agency, or an
25 Illinois local intergovernmental association, if the
26 request is for the purpose of a background check of
27 applicants for employment with the requesting agency, or
28 for the purpose of an official investigation conducted by
29 the agency, or to determine a current address for the
30 driver so public funds can be recovered or paid to the
31 driver, or for any other lawful purpose.
32 The Secretary may also furnish the courts a copy of
33 an abstract of a driver's record, without fee, subsequent
34 to an arrest for a violation of Section 11-501 or a
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1 similar provision of a local ordinance. Such abstract
2 may include records of dispositions; documented
3 information involving the use of a motor vehicle as
4 contained in the current file; whether such individual
5 has, or previously had, a driver's license; and the
6 address and personal description as reflected on said
7 driver's record.
8 6. Any certified abstract issued by the Secretary
9 of State or transmitted electronically by the Secretary
10 of State pursuant to this Section, to a court or on
11 request of a law enforcement agency, for the record of a
12 named person as to the status of the person's driver's
13 license shall be prima facie evidence of the facts
14 therein stated and if the name appearing in such abstract
15 is the same as that of a person named in an information
16 or warrant, such abstract shall be prima facie evidence
17 that the person named in such information or warrant is
18 the same person as the person named in such abstract and
19 shall be admissible for any prosecution under this Code
20 and be admitted as proof of any prior conviction or proof
21 of records, notices, or orders recorded on individual
22 driving records maintained by the Secretary of State.
23 7. Subject to any restrictions contained in the
24 Juvenile Court Act of 1987, and upon receipt of a proper
25 request and a fee of $5, the Secretary of State shall
26 provide a driver's record to the affected driver, or the
27 affected driver's attorney, upon verification. Such
28 record shall contain all the information referred to in
29 paragraph 1 of this subsection (g) plus: any recorded
30 accident involvement as a driver; information recorded
31 pursuant to subsection (e) of Section 6-117 and paragraph
32 4 of subsection (a) of Section 6-204 of this Code. All
33 other information, unless otherwise permitted by this
34 Code, shall remain confidential.
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1 (h) The Secretary shall not disclose social security
2 numbers except pursuant to a written request by, or with the
3 prior written consent of, the individual except to: (1) to
4 officers and employees of the Secretary who have a need to
5 know the social security numbers in performance of their
6 official duties, (2) to law enforcement officials for a
7 lawful, civil or criminal law enforcement investigation, and
8 if the head of the law enforcement agency has made a written
9 request to the Secretary specifying the law enforcement
10 investigation for which the social security numbers are being
11 sought, (3) to the United States Department of
12 Transportation, or any other State, pursuant to the
13 administration and enforcement of the Commercial Motor
14 Vehicle Safety Act of 1986, (4) pursuant to the order of a
15 court of competent jurisdiction, or (5) to the Department of
16 Public Aid for utilization in the child support enforcement
17 duties assigned to that Department under provisions of the
18 Public Aid Code after the individual has received advanced
19 meaningful notification of what redisclosure is sought by the
20 Secretary in accordance with the federal Privacy Act;
21 provided, the redisclosure shall not be authorized by the
22 Secretary prior to September 30, 1992.
23 (i) The Secretary of State is empowered to promulgate
24 rules and regulations to effectuate this Section.
25 (j) Medical statements or medical reports received in
26 the Secretary of State's Office shall be confidential. No
27 confidential information may be open to public inspection or
28 the contents disclosed to anyone, except officers and
29 employees of the Secretary who have a need to know the
30 information contained in the medical reports and the Driver
31 License Medical Advisory Board, unless so directed by an
32 order of a court of competent jurisdiction.
33 (k) All fees collected under this Section shall be paid
34 into the Road Fund of the State Treasury, except that $3 of
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1 the $5 fee for a driver's record shall be paid into the
2 Secretary of State Special Services Fund.
3 (l) The Secretary of State shall report his
4 recommendations to the General Assembly by January 1, 1993,
5 regarding the sale and dissemination of the information
6 maintained by the Secretary, including the sale of lists of
7 driver and vehicle records.
8 (m) Notations of accident involvement that may be
9 disclosed under this Section shall not include notations
10 relating to damage to a vehicle or other property being
11 transported by a tow truck. This information shall remain
12 confidential, provided that nothing in this subsection (m)
13 shall limit disclosure of any notification of accident
14 involvement to any law enforcement agency or official.
15 (n) Requests made by the news media for driver's
16 license, vehicle, or title registration information may be
17 furnished without charge or at a reduced charge, as
18 determined by the Secretary, when the specific purpose for
19 requesting the documents is deemed to be in the public
20 interest. Waiver or reduction of the fee is in the public
21 interest if the principal purpose of the request is to access
22 and disseminate information regarding the health, safety, and
23 welfare or the legal rights of the general public and is not
24 for the principal purpose of gaining a personal or commercial
25 benefit.
26 (Source: P.A. 89-503, eff. 7-1-96; 90-144, eff. 7-23-97;
27 90-330, eff. 8-8-97; 90-400, eff. 8-15-97; 90-655, eff.
28 7-30-98; revised 1-30-99.)
29 (625 ILCS 5/3-100) (from Ch. 95 1/2, par. 3-100)
30 Sec. 3-100. Definition Definitions. For the purposes of
31 this Chapter, "owner" means the following words shall have
32 the meanings ascribed to them as follows: Owner. a person who
33 holds legal document of ownership of a vehicle, limited to a
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1 certificate of origin, certificate of title, salvage
2 certificate, or junking certificate. However, Or in the event
3 a vehicle is the subject of an agreement for the conditional
4 sale or lease thereof with the right of purchase upon
5 performance of the conditions stated in the agreement and
6 with an immediate right of possession vested in the
7 conditional vendee or lessee, or in the event a mortgagor of
8 such vehicle is entitled to possession, then such conditional
9 vendee or lessee or mortgagor shall be deemed the owner for
10 the purpose of this Chapter, except as provided under
11 paragraph (c) of (b) Section 3-118.
12 (Source: P.A. 83-831; revised 10-31-98.)
13 (625 ILCS 5/3-112.1) (from Ch. 95 1/2, par. 3-112.1)
14 Sec. 3-112.1. (a) All titles issued by the Secretary of
15 State beginning January, 1990, shall provide for an odometer
16 certification substantially as follows:
17 "I certify to the best of my knowledge that the odometer
18 reading is and reflects the actual mileage of the vehicle
19 unless one of the following statements is checked.
20 ...................
21 ( ) 1. The mileage stated is in excess of its
22 mechanical limits.
23 ( ) 2. The odometer reading is not the actual mileage.
24 Warning - Odometer Discrepancy."
25 (b) When executing any transfer of title which contains
26 the odometer certification as described in paragraph (a)
27 above, each transferor of a motor vehicle must supply on the
28 title form the following information:
29 (1) The odometer reading at the time of transfer
30 and an indication if the mileage is in excess of its
31 mechanical limits or if it is not the actual mileage;
32 (2) The date of transfer;
33 (3) The transferor's printed name and signature;
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1 and
2 (4) The transferee's printed name and address.
3 (c) The transferee must sign on the title form
4 indicating that he or she is aware of the odometer
5 certification made by the transferor.
6 (d) The transferor will not be required to disclose the
7 current odometer reading and the transferee will not have to
8 acknowledge such disclosure under the following
9 circumstances:
10 (1) A vehicle having a Gross Vehicle Weight Rating
11 of more than 16,000 pounds;
12 (2) A vehicle that is not self-propelled;
13 (3) A vehicle that is 10 years old or older;
14 (4) A vehicle sold directly by the manufacturer to
15 any agency of the United States; and
16 (5) A vehicle manufactured without an odometer.
17 (e) When the transferor signs the title transfer such
18 transferor acknowledges that he or she is aware that Federal
19 regulations and State law require him or her to state the
20 odometer mileage upon transfer of ownership. An inaccurate
21 or untruthful statement with intent to defraud subjects the
22 transferor to liability for damages to the transferee
23 pursuant to the federal Motor Vehicle Information and Cost
24 Act of 1972, P.L. 92-513 as amended by P.L. 94-364. No
25 transferor shall be liable for damages as provided under this
26 Section who transfers title to a motor vehicle which has an
27 odometer reading that has been altered or tampered with by a
28 previous owner, unless that transferor knew or had reason to
29 know of such alteration or tampering and sold such vehicle
30 with an intent to defraud. A cause of action is hereby
31 created by which any person who, with intent to defraud,
32 violates any requirement imposed under this Section shall be
33 liable in an amount equal to the sum of:
34 (1) three times the amount of actual damages
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1 sustained or $1,500, whichever is the greater; and
2 (2) in the case of any successful action to enforce
3 the foregoing liability, the costs of the action together
4 with reasonable attorney fees as determined by the court.
5 Any recovery based on a cause of action under this
6 Section shall be offset by any recovery made pursuant to the
7 federal Motor Vehicle Information and Cost Act of 1972.
8 (f) The provisions of this Section shall not apply to
9 any motorcycle, motor driven cycle, moped or antique vehicle.
10 (g) The Secretary of State, may adopt rules and
11 regulations providing for a transition period for all
12 non-conforming titles.
13 (Source: P.A. 88-415; revised 10-31-98.)
14 (625 ILCS 5/3-602) (from Ch. 95 1/2, par. 3-602)
15 Sec. 3-602. Certificate and special plates for dealers,
16 manufacturers, and transporters.
17 (a) Any dealer, manufacturer, or transporter may make
18 application to the Secretary of State upon the appropriate
19 form for a certificate containing a general distinguishing
20 number and for one or more sets of special plates as
21 appropriate to various types of vehicles subject to
22 registration hereunder. The applicant shall submit such proof
23 of his or her status as a bona fide dealer, manufacturer, or
24 transporter as may be reasonably required by the Secretary of
25 State.
26 (b) The Secretary of State, upon granting any such
27 application, shall issue to the applicant a certificate
28 containing the applicant's name and address and special
29 plates as applied for. Both the certificates and special
30 plates shall display the general distinguishing number
31 assigned to the applicant.
32 (c) The Secretary of State shall issue special plates to
33 dealers and manufacturers in accordance with the following
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1 formula:
2 number vehicles maximum number sets maximum number
3 sold in previous of special plates additional sets
4 calendar year issued at fee set issued at fee
5 by Sec. 3-810 set by Sec. 3-806
6 0 0 0
7 1-10 1 1
8 11-25 2 2
9 26-100 8 8
10 101-250 12 12
11 251-500 20 20
12 501-750 30 30
13 751-1000 40 40
14 1001-1500 50 50
15 1501-2000 60 60
16 2001-2500 70 70
17 2501+ 90 90
18 For those Dealers with annual sales over 2501, special
19 plates will be allocated based on 10 sets of plates under
20 each section for each additional 500 vehicles sold.
21 The limit on the maximum number of additional sets issued
22 to manufacturers at the fee set by Section 3-806 may be
23 lifted at the discretion of the Secretary of State.
24 The Secretary shall issue to a new dealer or manufacturer
25 not more than 8 sets of special plates at each fee. If the
26 new dealer or manufacturer has acquired his or her business
27 from a previous dealer or manufacturer, he or she may be
28 issued a number of sets based upon the number of vehicles
29 sold in the previous calendar year by the previous dealer or
30 manufacturer. If the new dealer or manufacturer was in
31 business for only a part of the previous calendar year, the
32 number of special plates to which he or she is entitled may
33 be extrapolated from the number of vehicles he or she sold
34 during that part of the year.
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1 (d) Any manufacturer of engine and driveline components
2 may apply to the Secretary of State for a license to operate
3 vehicles in which such components are installed on the public
4 highways of the State for the purpose of testing such
5 components. The application shall describe the components and
6 the vehicles in which they are installed, and shall contain
7 such additional information as the Secretary shall prescribe.
8 Upon receipt of an application and an accompanying fee of
9 $1000, the Secretary shall issue to the applicant a license
10 for the entire test period of the components described in the
11 application.
12 Every licensee shall keep a record of each vehicle
13 operated under such license which shall be open to inspection
14 by the Secretary or his authorized representative for
15 inspection at any reasonable time during the day or night.
16 The license of a manufacturer of engine and driveline
17 components may be denied, revoked or suspended if the
18 Secretary finds that the manufacturer has:
19 (1) violated this Code;
20 (2) made any material misrepresentation to the
21 Secretary of State in connection with an application for
22 a license; or
23 (3) failed to produce for the Secretary of State
24 any record required to be produced by this Code.
25 This amendatory Act of 1983 shall be applicable to the
26 1984 registration year and thereafter.
27 (Source: P.A. 86-444; revised 10-31-98.)
28 (625 ILCS 5/3-643)
29 Sec. 3-643. Mammogram license plates.
30 (a) The Secretary, upon receipt of an application made
31 in the form prescribed by the Secretary, may issue special
32 registration plates designated as Mammogram license plates.
33 The special plates issued under this Section shall be affixed
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1 only to passenger vehicles of the first division and motor
2 vehicles of the second division weighing not more than 8,000
3 pounds. Plates issued under this Section shall expire
4 according to the multi-year procedure established by Section
5 3-414.1 of this Code.
6 (b) The design and color of the plates is wholly within
7 the discretion of the Secretary, except that the following
8 phrases shall be on the plates: (i) "Mammograms Save Lives"
9 and (ii) "The Susan G. Komen Foundation". The Secretary may
10 allow the plates to be issued as vanity plates or
11 personalized under Section 3-405.1 of the Code. The
12 Secretary shall prescribe stickers or decals as provided
13 under Section 3-412 of this Code.
14 (c) An applicant for the special plate shall be charged
15 a $25 fee for original issuance in addition to the
16 appropriate registration fee. Of this fee, $10 shall be
17 deposited into the Mammogram Fund and $15 shall be deposited
18 into the Secretary of State Special License Plate Fund, to be
19 used by the Secretary to help defray the administrative
20 processing costs.
21 For each registration renewal period, a $25 fee, in
22 addition to the appropriate registration fee, shall be
23 charged. Of this fee, $23 shall be deposited into the
24 Mammogram Fund and $2 shall be deposited into the Secretary
25 of State Special License Plate Fund.
26 (d) The Mammogram Fund is created as a special fund in
27 the State treasury. All money in the Mammogram Fund shall be
28 paid, subject to appropriation by the General Assembly and
29 approval by the Secretary, as grants to the Susan G. Komen
30 Foundation for breast cancer research, education, screening,
31 and treatment.
32 (Source: P.A. 90-675, eff. 1-1-99.)
33 (625 ILCS 5/3-644)
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1 Sec. 3-644. 3-643. Police Memorial Committee license
2 plates.
3 (a) The Secretary, upon receipt of an application made
4 in the form prescribed by the Secretary, may issue special
5 registration plates designated as Police Memorial Committee
6 license plates. The special plates issued under this Section
7 shall be affixed only to passenger vehicles of the first
8 division and motor vehicles of the second division weighing
9 not more than 8,000 pounds. Plates issued under this Section
10 shall expire according to the multi-year procedure
11 established by Section 3-414.1 of this Code.
12 (b) The design and color of the plates is wholly within
13 the discretion of the Secretary. The Secretary may allow the
14 plates to be issued as vanity plates or personalized under
15 Section 3-405.1 of the Code. The Secretary shall prescribe
16 stickers or decals as provided under Section 3-412 of this
17 Code.
18 (c) An applicant for the special plate shall be charged
19 a $25 fee for original issuance in addition to the
20 appropriate registration fee. Of this fee, $10 shall be
21 deposited into the Police Memorial Committee Fund and $15
22 shall be deposited into the Secretary of State Special
23 License Plate Fund, to be used by the Secretary to help
24 defray the administrative processing costs.
25 For each registration renewal period, a $25 fee, in
26 addition to the appropriate registration fee, shall be
27 charged. Of this fee, $23 shall be deposited into the Police
28 Memorial Committee Fund and $2 shall be deposited into the
29 Secretary of State Special License Plate Fund.
30 (d) The Police Memorial Committee Fund is created as a
31 special fund in the State treasury. All money in the Police
32 Memorial Committee Fund shall be paid, subject to
33 appropriation by the General Assembly and approval by the
34 Secretary, as grants to the Police Memorial Committee for
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1 maintaining a memorial statue, holding an annual memorial
2 commemoration, and giving scholarships to children of police
3 officers killed in the line of duty.
4 (Source: P.A. 90-729, eff. 1-1-99; revised 9-23-98.)
5 (625 ILCS 5/3-816) (from Ch. 95 1/2, par. 3-816)
6 Sec. 3-816. Installment Payments.
7 (a) The flat weight tax required to be paid by Section
8 3-815 for any vehicles on a calendar year basis may be paid
9 if the owner so elects, in equal semi-annual installments due
10 on January 1 and July 1 of each licensing year. Effective
11 with the 1984 registration year the owners of semitrailers
12 registered under Section 3-814 shall have the option of
13 paying the designated fees to the Secretary in the following
14 manner:
15 If registered in the first year the owner shall have the
16 option of paying $30 the first year and the remaining $30 by
17 the start of the second year;
18 If registered in the second year the owner shall have the
19 option of paying $24 the first year and the remaining $24 by
20 the start of the third year;
21 If registered in the third year the owner shall pay $36
22 for each semitrailer;
23 If registered in the fourth year the owner shall pay $24
24 for each semitrailer; and
25 If registered in the fifth year the owner shall pay $12
26 for each semitrailer.
27 Every such owner who elects to pay such tax in such
28 installments shall file with the Secretary of State a surety
29 bond or certificate of deposit, as hereinafter provided, in
30 the amount of the sum of the second installment of taxes on
31 his vehicle.
32 Such bond shall be in the form approved by the Secretary
33 of State and with a surety company approved by the Department
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1 of Insurance to transact business in this State, as surety,
2 and shall be conditioned upon such owner's paying to the
3 State of Illinois all monies becoming due by reason of his
4 operation of the second division motor vehicle in this State,
5 together with all penalties and interest thereon.
6 The State Treasurer shall issue a certificate of deposit
7 to any such owner who deposits with the State Treasurer
8 securities of the Federal Government or the State of Illinois
9 endorsed in blank by such owner, or a certificate of deposit
10 issued by any bank or savings and loan association authorized
11 to do business in Illinois, payable to the Secretary of State
12 on or after July 1 of the year of registration. Such
13 certificate of deposit and securities shall be approved by
14 and deposited with the State Treasurer, and shall have a
15 current market value in the total amount which would cover
16 all monies becoming due and payable to the State of Illinois
17 by reason of his operation of a second division motor vehicle
18 in this State, together with all penalties and interest
19 thereon.
20 The liability of the surety hereunder shall be absolute
21 and upon notice from the Secretary of State that the second
22 installment has not been paid on July 1 of any licensing year
23 the surety shall immediately pay the second installment to
24 the Secretary of State.
25 Upon notice by the Secretary of State that the second
26 installment of such owner's taxes has not been paid on July 1
27 of any licensing year, the State Treasurer shall sell such
28 securities and deliver the proceeds thereof to the Secretary
29 of State to satisfy all monies becoming due by reason of such
30 owner's operation of a second division motor vehicle in this
31 State, together with all penalties and interest thereon.
32 If the owner's liability for the second installment is
33 evidenced by a certificate of deposit payable to the
34 Secretary of State, the Secretary of State shall, upon
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1 failure of the owner to pay the second installment by July 1,
2 endorse the certificate of deposit which is in the custody of
3 the State Treasurer, and thereafter the State Treasurer shall
4 present the certificate of deposit for payment to the proper
5 bank or savings and loan association. Upon receipt of
6 payment, the State Treasurer shall forward to the Secretary
7 of State all monies due by reason of such owner's operation
8 of a second division motor vehicle in this State, and return
9 the excess, if any, to the owner on whose behalf the
10 certificate of deposit was previously deposited.
11 The State Treasurer shall return securities or proceeds
12 in excess of that needed to satisfy the Secretary of State
13 for all monies becoming due by reason of such owner's
14 operation of a second division motor vehicle in this State,
15 together with all penalties and interest thereon. Upon notice
16 by the Secretary of State that the second installment has
17 been paid, the State Treasurer shall return such certificate
18 of deposit or securities deposited with him under this
19 Section to the owner thereof.
20 (b) The flat weight tax required by Section 3-815 to be
21 paid on a fiscal year basis may be paid, if the owner so
22 elects, in equal semi-annual installments due on July 1st and
23 January 1st of each registration year. From July 1, 1983
24 through November 30 31, 1983, the flat weight tax required by
25 Section 3-814 for semitrailers previously registered on a
26 fiscal year basis may be paid, if the owner so elects, by
27 paying the Secretary of State $33 at the time of registration
28 and the remaining $25 by January 1, 1985 for each 5 1/2 year
29 semitrailer plate. Every such owner who elects to pay such
30 tax in such installments shall file with the Secretary of
31 State a surety bond or certificate of deposit, as hereinafter
32 provided, in the amount of the sum of the second installment
33 of taxes on his vehicle.
34 Such bond shall be in the form approved by the Secretary
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1 of State and with a surety company approved by the Department
2 of Insurance to transact business in this State, as surety,
3 and shall be conditioned upon such owner's paying to the
4 State of Illinois all monies becoming due by reason of his
5 operation of the second division motor vehicle in this State,
6 together with all penalties and interest thereon.
7 The liability of the surety hereunder shall be absolute
8 and upon notice from the Secretary of State that the second
9 installment has not been paid on January 1st of any
10 registration year the surety shall immediately pay the second
11 installment to the Secretary of State.
12 Upon notice by the Secretary of State that the second
13 installment of such owner's taxes has not been paid on
14 January 1st of any registration year, the State Treasurer
15 shall sell such securities and deliver the proceeds thereof
16 to the Secretary of State to satisfy all monies becoming due
17 by reason of such owner's operation of a second division
18 motor vehicle in this State, together with all penalties and
19 interest thereon.
20 If the owner's liability for the second installment is
21 evidenced by a certificate of deposit payable to the
22 Secretary of State, the Secretary of State shall, upon
23 failure of the owner to pay the second installment by January
24 1st, endorse the certificate of deposit which is in the
25 custody of the State Treasurer, and thereafter the State
26 Treasurer shall present the certificate of deposit for
27 payment to the proper bank or savings and loan association.
28 Upon receipt of payment, the State Treasurer shall forward to
29 the Secretary of State all monies due by reason of such
30 owner's operation of a second division motor vehicle in this
31 State, and return the excess, if any, to the owner on whose
32 behalf the certificate of deposit was previously deposited.
33 The State Treasurer shall return securities or proceeds
34 in excess of that needed to satisfy the Secretary of State
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1 for all monies becoming due by reason of such owner's
2 operation of a second division motor vehicle in this State,
3 together with all penalties and interest thereon. Upon notice
4 by the Secretary of State that the second installment has
5 been paid, the State Treasurer shall return such certificate
6 of deposit or securities deposited with him under this
7 Section to the owner thereof.
8 (c) The flat weight tax required under Section 3-815 for
9 vehicles registered in accordance with Section 3-402.1 may be
10 paid, if the owner elects, in equal semi-annual installments
11 due on April 1 and October 1 of each licensing year.
12 (d) In the event any surety pays for any second
13 installment under this Section, the surety shall have
14 recourse only against the principal and owner of the vehicles
15 involved and shall have no right or privilege to demand
16 revocation or suspension of the registration plates or
17 registration stickers of the vehicles involved. Such surety
18 may, however, impress a lien as provided in Section 3-828.
19 (Source: P.A. 87-1041; revised 10-31-98.)
20 (625 ILCS 5/4-304) (from Ch. 95 1/2, par. 4-304)
21 Sec. 4-304. Implementation and administration of policy.
22 The Board shall consider and adopt such programs as are
23 designed to implement and administer the policies
24 hereinbefore expressed and within the appropriations provided
25 for by the General Assembly.
26 In adopting such programs, the Board shall take into
27 consideration the programs of the federal government in the
28 same field, so as to assure full coordination therewith and
29 that the State of Illinois does not duplicate federal actions
30 and programs. The programs to be considered by the Board
31 shall in addition be designed to:
32 1. Effect the efficient removal of abandoned
33 vehicles from the highways, streets, roads, other public
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1 property, as well as from private property within
2 Illinois.;
3 2. Effect the efficient removal of abandoned and
4 derelict vehicles from private property to be junked,
5 salvaged, recycled, or reclaimed, to wrecking, recycling
6 or salvaging facilities, or to a temporary impoundment or
7 area collection center.;
8 3. Effect efficient recycling or scrap processing
9 of retired vehicles and the salvaging of usable parts.;
10 4. Permit the restoration of antique and historic
11 vehicles by private persons or agencies.;
12 5. Work with other State agencies to effect the
13 efficient and effective recycling of solid and liquid
14 motor vehicle waste, including motor vehicle drain oil,
15 derived in the recycling of a motor vehicle.
16 6. Recoup the costs of removal and disposal of
17 abandoned and derelict vehicles from vehicle owners, land
18 owners and persons who abandon or discard such vehicles
19 and from other suitable sources.
20 7. Promote and publicize individual responsibility
21 of vehicle owners for their personal disposal of unwanted
22 and discarded vehicles and develop an effective
23 promotional campaign to show owners how to properly
24 dispose of such vehicles; and the legal consequences of
25 not doing so.
26 8. Provide State coordination, expertise and
27 assistance to all local units of government, as needed,
28 seeking legislative remedy where appropriate regarding:
29 vehicle detitling procedure; impoundment time periods;
30 the legal restrictions unnecessarily delaying vehicle
31 disposal; and, to promote and advance the technology,
32 growth and development of the legitimate auto recycling
33 industry to the end that this industry can effectively
34 recycle all vehicles annually retired and accumulated in
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1 Illinois with a minimum of assistance from the State or
2 its subdivisions.
3 The Board is empowered to negotiate and enter into
4 reciprocal agreements with other states and State and federal
5 agencies, in furtherance of the provisions of this Act, as
6 amended; provided, however, that no such reciprocal agreement
7 may be entered into without the approval and authorization of
8 the State body legally required to approve such agreements.
9 The Board shall make rules, regulations and by-laws, not
10 inconsistent with this Act or any other law of this State, as
11 to its own organization and conduct and for the
12 implementation and administration of this Act.
13 The Board is further empowered to enter into an agreement
14 with any State agency represented on the Board, to carry out
15 the administration of the abandoned and derelict vehicle
16 abatement program of the Board, and to make such funds
17 available as may be found necessary by the Board, as
18 appropriated by the General Assembly.
19 (Source: P.A. 90-655, eff. 7-30-98; revised 10-31-98.)
20 (625 ILCS 5/5-102.1) (from Ch. 95 1/2, par. 5-102.1)
21 Sec. 5-102.1. Permits for off site sales and
22 exhibitions.
23 (a) A licensed new or used motor vehicle dealer licensed
24 under Section 5-101 or 5-102 shall not engage in any off site
25 sale without an off site sale permit issued by the Secretary
26 under this Section.
27 The Secretary shall issue an off site sale permit to a
28 dealer if:
29 (1) an application therefor is received by the
30 Secretary prior to the beginning date of the proposed off
31 site sale, accompanied by a fee of $25;
32 (2) the applicant is a licensed new vehicle dealer
33 or used vehicle dealer in good standing; and
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1 (3) the Secretary determines that the proposed off
2 site sale will conform with the requirements imposed by
3 law.
4 However, in no event shall an off site sale permit be
5 issued to any licensed new or used vehicle dealer for any off
6 site sale to be conducted outside that dealer's relevant
7 market area, as that term is defined in this Chapter, except
8 that this restriction shall not apply to off site sales of
9 motor homes or recreational vehicles.
10 The provisions of this subsection shall not apply to
11 self-contained motor homes, mini motor homes, van campers,
12 and recreational trailers, including trailers designed and
13 used to transport vessels or watercraft.
14 An off site sale permit does not authorize the sale of
15 vehicles on a Sunday.
16 (b) Only a new or used vehicle dealer licensed under
17 Section 5-101 or 5-102 may participate in a display
18 exhibition and shall obtain a display exhibition permit
19 issued by the Secretary under this Section.
20 The Secretary shall issue a display exhibition permit to
21 a dealer if:
22 (1) an application therefor is received by the
23 Secretary prior to the beginning date of the proposed
24 exhibition, accompanied by a fee of $10;
25 (2) the applicant is a licensed new vehicle dealer
26 or used vehicle dealer in good standing; and
27 (3) the Secretary determines that the proposed
28 exhibition will conform with the requirements imposed by
29 law.
30 A display exhibition permit shall be valid for a period
31 of no longer than 30 days.
32 (c) A licensed new or used motor vehicle dealer under
33 Section 5-101 or 5-102, or any other person as defined in
34 this Section, may participate in a trade show exhibition and
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1 must obtain a trade show exhibition permit issued by the
2 Secretary under this Section.
3 The Secretary shall issue a trade show exhibition permit
4 if:
5 (1) an application is received by the Secretary
6 before the beginning date of the proposed trade show
7 exhibition, accompanied by a fee of $10;
8 (2) the applicant is a licensed new vehicle dealer
9 or used vehicle dealer in good standing; and
10 (3) the Secretary determines that the proposed
11 trade show exhibition shall conform with the requirements
12 imposed by law.
13 A trade show exhibition permit shall be valid for a
14 period of no longer than 30 days.
15 The provisions of this subsection shall not apply to
16 self-contained motor homes, mini motor homes, van campers,
17 and recreational trailers, including trailers designed and
18 used to transport vessels or watercraft.
19 The term "any other person" shall mean new or used
20 vehicle dealers licensed by other states; provided however, a
21 trade show exhibition of new vehicles shall only be
22 participated in by licensed new vehicle dealers, at least 2
23 of which must be licensed under Section 5-101.
24 (d) An Illinois or out-of-state licensed new or used
25 trailer dealer, manufactured home dealer, motor home dealer,
26 mini motor home dealer, or van camper dealer shall not engage
27 in any off site sale or trade show exhibition without first
28 acquiring a permit issued by the Secretary under this
29 subsection. However, the provisions of this Section shall not
30 apply to a licensed trailer dealer selling a mobile home or
31 manufactured housing, as defined in the Illinois Manufactured
32 Housing and Mobile Home Safety Act, if the manufactured
33 housing or mobile home has utilities permanently attached.
34 The Secretary shall issue a permit to an Illinois dealer if:
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1 (1) an application is received by the Secretary
2 before the beginning date of the proposed off site sale
3 or trade show exhibition, accompanied by a fee of $25;
4 (2) the applicant is a licensed new or used vehicle
5 dealer in good standing; and
6 (3) the Secretary determines that the proposed off
7 site sale or trade show exhibition will conform with the
8 requirements imposed by law.
9 The Secretary shall issue a permit to an out-of-state
10 dealer if the requirements of subdivisions (1), (2), and (3)
11 of this subsection (d) are met and at least 2 licensed
12 Illinois dealers will participate in the off site sale or
13 trade show exhibition.
14 A permit issued pursuant to this subsection shall allow
15 for the sale of vehicles at either an off site sale or at a
16 trade show exhibition. The permit shall be valid for a
17 period not to exceed 30 days.
18 (e) The Secretary of State may adopt rules regulating
19 the conduct of off site sales and exhibitions, and governing
20 the issuance and enforcement of the permits authorized under
21 this Section.
22 (Source: P.A. 89-235, eff. 8-4-95; 89-551, eff. 1-1-97;
23 90-718, eff. 1-1-99; 90-774, eff. 8-14-98; revised 9-21-98.)
24 (625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110)
25 Sec. 6-110. Licenses issued to drivers.
26 (a) The Secretary of State shall issue to every
27 qualifying applicant qualifying a driver's license as applied
28 for, which the license shall bear a distinguishing number
29 assigned to the licensee, the name, social security number,
30 zip code, date of birth, address, and a brief description of
31 the licensee, and a space where the licensee may write his
32 usual signature.
33 If the licensee is less than 17 years of age, the license
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1 shall, as a matter of law, be invalid for the operation of
2 any motor vehicle during any time the licensee is prohibited
3 from being on any street or highway under the provisions of
4 the Child Curfew Act.
5 Licenses issued shall also indicate the classification
6 and the restrictions under Section 6-104 of this Code.
7 In lieu of the social security number, the Secretary may
8 in his discretion substitute a federal tax number or other
9 distinctive number.
10 A driver's license issued may, in the discretion of the
11 Secretary, include a suitable photograph of a type prescribed
12 by the Secretary.
13 (b) The Secretary of State shall provide a format on the
14 reverse of each driver's license issued which the licensee
15 may use to execute a document of gift conforming to the
16 provisions of the Uniform Anatomical Gift Act. The format
17 shall allow the licensee to indicate the gift intended,
18 whether specific organs, any organ, or the entire body, and
19 shall accommodate the signatures of the donor and 2
20 witnesses. The Secretary shall also inform each applicant or
21 licensee of this format, describe the procedure for its
22 execution, and may offer the necessary witnesses; provided
23 that in so doing, the Secretary shall advise the applicant or
24 licensee that he or she is under no compulsion to execute a
25 document of gift. A brochure explaining this method of
26 executing an anatomical gift document shall be given to each
27 applicant or licensee. The brochure shall advise the
28 applicant or licensee that he or she is under no compulsion
29 to execute a document of gift, and that he or she may wish to
30 consult with family, friends or clergy before doing so. The
31 Secretary of State may undertake additional efforts,
32 including education and awareness activities, to promote
33 organ and tissue donation.
34 (c) The Secretary of State shall designate on each
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1 driver's license issued a space where the licensee may place
2 a sticker or decal of the uniform size as the Secretary may
3 specify, which sticker or decal may indicate in appropriate
4 language that the owner of the license carries an Emergency
5 Medical Information Card.
6 The sticker may be provided by any person, hospital,
7 school, medical group, or association interested in assisting
8 in implementing the Emergency Medical Information Card, but
9 shall meet the specifications as the Secretary may by rule or
10 regulation require.
11 (d) The Secretary of State shall designate on each
12 driver's license issued a space where the licensee may
13 indicate his blood type and RH factor.
14 (e) The Secretary of State shall provide that each
15 original or renewal driver's license issued to a licensee
16 under 21 years of age shall be of a distinct nature from
17 those driver's licenses issued to individuals 21 years of age
18 and older. The color designated for driver's licenses for
19 licensees under 21 years of age shall be at the discretion of
20 the Secretary of State.
21 (f) The Secretary of State shall inform all Illinois
22 licensed commercial motor vehicle operators of the
23 requirements of the Uniform Commercial Driver License Act,
24 Article V of this Chapter, and shall make provisions to
25 insure that all drivers, seeking to obtain a commercial
26 driver's license, be afforded an opportunity prior to April
27 1, 1992, to obtain the license. The Secretary is authorized
28 to extend driver's license expiration dates, and assign
29 specific times, dates and locations where these commercial
30 driver's tests shall be conducted. Any applicant, regardless
31 of the current expiration date of the applicant's driver's
32 license, may be subject to any assignment by the Secretary.
33 Failure to comply with the Secretary's assignment may result
34 in the applicant's forfeiture of an opportunity to receive a
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1 commercial driver's license prior to April 1, 1992.
2 (g) The Secretary of State shall designate on a driver's
3 license issued, a space where the licensee may indicate that
4 he or she has drafted a living will in accordance with the
5 Illinois Living Will Act or a durable power of attorney for
6 health care in accordance with the Illinois Power of Attorney
7 Act.
8 (g-1) The Secretary of State, in his or her discretion,
9 may designate on each driver's license issued a space where
10 the licensee may place a sticker or decal, issued by the
11 Secretary of State, of uniform size as the Secretary may
12 specify, that shall indicate in appropriate language that the
13 owner of the license has renewed his or her driver's license.
14 (h) A person who acts in good faith in accordance with
15 the terms of this Section is not liable for damages in any
16 civil action or subject to prosecution in any criminal
17 proceeding for his or her act.
18 (Source: P.A. 89-569, eff. 1-1-97; 90-191, eff. 1-1-98;
19 revised 10-31-98.)
20 (625 ILCS 5/6-118) (from Ch. 95 1/2, par. 6-118)
21 (Text of Section before amendment by P.A. 90-622)
22 Sec. 6-118. Fees.
23 (a) The fee for licenses and permits under this Article
24 is as follows:
25 Original driver's license.............................$10
26 Original or renewal driver's license
27 issued to 18, 19 and 20 year olds..................5
28 All driver's licenses for persons
29 age 69 through age 80..............................5
30 All driver's licenses for persons
31 age 81 through age 86..............................2
32 All driver's licenses for persons
33 age 87 or older....................................0
-1176- LRB9101253EGfg
1 Renewal driver's license (except for
2 applicants ages 18, 19 and 20 or
3 age 69 and older).................................10
4 Original instruction permit issued to
5 persons (except those age 69 and older)
6 who do not hold or have not previously
7 held an Illinois instruction permit or
8 driver's license..................................20
9 Instruction permit issued to any person
10 holding an Illinois driver's license
11 who wishes a change in classifications,
12 other than at the time of renewal..................5
13 Any instruction permit issued to a person
14 age 69 and older...................................5
15 Instruction permit issued to any person,
16 under age 69, not currently holding a
17 valid Illinois driver's license or
18 instruction permit but who has
19 previously been issued either document
20 in Illinois.......................................10
21 Restricted driving permit...............................8
22 Duplicate or corrected driver's license
23 or permit..........................................5
24 Duplicate or corrected restricted
25 driving permit.....................................5
26 SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
27 The fees for commercial driver licenses and permits
28 under Article V shall be as follows:
29 Commercial driver's license:
30 $6 for the CDLIS/AAMVAnet Fund
31 (Commercial Driver's License Information
32 System/American Association of Motor Vehicle
33 Administrators network Trust Fund);
34 $10 for the driver's license;
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1 and $24 for the CDL:.............................$40
2 Renewal commercial driver's license:
3 $6 for the CDLIS/AAMVAnet Trust Fund;
4 $10 for the driver's license; and
5 $24 for the CDL:.................................$40
6 Commercial driver instruction permit
7 issued to any person holding a valid
8 Illinois driver's license for the
9 purpose of changing to a
10 CDL classification: $6 for the
11 CDLIS/AAMVAnet Trust Fund; and
12 $24 for the CDL classification...................$30
13 Commercial driver instruction permit
14 issued to any person holding a valid
15 Illinois CDL for the purpose of
16 making a change in a classification,
17 endorsement or restriction........................$5
18 CDL duplicate or corrected license.....................$5
19 In order to ensure the proper implementation of the
20 Uniform Commercial Driver License Act, Article V of this
21 Chapter, the Secretary of State is empowered to pro-rate the
22 $24 fee for the commercial driver's license proportionate to
23 the expiration date of the applicant's Illinois driver's
24 license.
25 The fee for any duplicate license or permit shall be
26 waived for any person age 60 or older who presents the
27 Secretary of State's office with a police report showing that
28 his license or permit was stolen.
29 No additional fee shall be charged for a driver's
30 license, or for a commercial driver's license, when issued to
31 the holder of an instruction permit for the same
32 classification or type of license who becomes eligible for
33 such license.
34 (b) Any person whose license or privilege to operate a
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1 motor vehicle in this State has been suspended or revoked
2 under any provision of Chapter 6, Chapter 11, or Section
3 7-702 of the Family Financial Responsibility Law of this
4 Code, shall in addition to any other fees required by this
5 Code, pay a reinstatement fee as follows:
6 Summary suspension under Section 11-501.1.............$60
7 Other suspension......................................$30
8 Revocation............................................$60
9 However, any person whose license or privilege to operate
10 a motor vehicle in this State has been suspended or revoked
11 for a second or subsequent time for a violation of Section
12 11-501 or 11-501.1 of this Code or a similar provision of a
13 local ordinance or Section 9-3 of the Criminal Code of 1961
14 and each suspension or revocation was for a violation of
15 Section 11-501 or 11-501.1 of this Code or a similar
16 provision of a local ordinance or Section 9-3 of the Criminal
17 Code of 1961 shall pay, in addition to any other fees
18 required by this Code, a reinstatement fee as follows:
19 Summary suspension under Section 11-501.1............$250
20 Revocation...........................................$250
21 (c) All fees collected under the provisions of this
22 Chapter 6 shall be paid into the Road Fund in the State
23 Treasury except as follows:
24 1. The following amounts shall be paid into the
25 Driver Education Fund:
26 (A) $16 of the $20 fee for an original
27 driver's instruction permit;
28 (B) $5 of the $10 fee for an original driver's
29 license;
30 (C) $5 of the $10 fee for a 4 year renewal
31 driver's license; and
32 (D) $4 of the $8 fee for a restricted driving
33 permit.
34 2. $30 of the $60 fee for reinstatement of a license
-1179- LRB9101253EGfg
1 summarily suspended under Section 11-501.1 shall be
2 deposited into the Drunk and Drugged Driving Prevention
3 Fund. However, for a person whose license or privilege
4 to operate a motor vehicle in this State has been
5 suspended or revoked for a second or subsequent time for
6 a violation of Section 11-501 or 11-501.1 of this Code or
7 Section 9-3 of the Criminal Code of 1961, $190 of the
8 $250 fee for reinstatement of a license summarily
9 suspended under Section 11-501.1, and $190 of the $250
10 fee for reinstatement of a revoked license shall be
11 deposited into the Drunk and Drugged Driving Prevention
12 Fund.
13 3. $6 of such original or renewal fee for a
14 commercial driver's license and $6 of the commercial
15 driver instruction permit fee when such permit is issued
16 to any person holding a valid Illinois driver's license,
17 shall be paid into the CDLIS/AAMVAnet Trust Fund.
18 4. The fee for reinstatement of a license suspended
19 under the Family Financial Responsibility Law shall be
20 paid into the Family Responsibility Fund.
21 (Source: P.A. 89-92, eff. 7-1-96; 90-738, eff. 1-1-99;
22 revised 9-21-98.)
23 (Text of Section after amendment by P.A. 90-622)
24 Sec. 6-118. Fees.
25 (a) The fee for licenses and permits under this Article
26 is as follows:
27 Original driver's license.............................$10
28 Original or renewal driver's license
29 issued to 18, 19 and 20 year olds..................5
30 All driver's licenses for persons
31 age 69 through age 80..............................5
32 All driver's licenses for persons
33 age 81 through age 86..............................2
34 All driver's licenses for persons
-1180- LRB9101253EGfg
1 age 87 or older....................................0
2 Renewal driver's license (except for
3 applicants ages 18, 19 and 20 or
4 age 69 and older).................................10
5 Original instruction permit issued to
6 persons (except those age 69 and older)
7 who do not hold or have not previously
8 held an Illinois instruction permit or
9 driver's license..................................20
10 Instruction permit issued to any person
11 holding an Illinois driver's license
12 who wishes a change in classifications,
13 other than at the time of renewal..................5
14 Any instruction permit issued to a person
15 age 69 and older...................................5
16 Instruction permit issued to any person,
17 under age 69, not currently holding a
18 valid Illinois driver's license or
19 instruction permit but who has
20 previously been issued either document
21 in Illinois.......................................10
22 Restricted driving permit...............................8
23 Duplicate or corrected driver's license
24 or permit..........................................5
25 Duplicate or corrected restricted
26 driving permit.....................................5
27 Original or renewal M or L endorsement..................5
28 SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
29 The fees for commercial driver licenses and permits
30 under Article V shall be as follows:
31 Commercial driver's license:
32 $6 for the CDLIS/AAMVAnet Fund
33 (Commercial Driver's License Information
34 System/American Association of Motor Vehicle
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1 Administrators network Trust Fund);
2 $10 for the driver's license;
3 and $24 for the CDL:.............................$40
4 Renewal commercial driver's license:
5 $6 for the CDLIS/AAMVAnet Trust Fund;
6 $10 for the driver's license; and
7 $24 for the CDL:.................................$40
8 Commercial driver instruction permit
9 issued to any person holding a valid
10 Illinois driver's license for the
11 purpose of changing to a
12 CDL classification: $6 for the
13 CDLIS/AAMVAnet Trust Fund; and
14 $24 for the CDL classification...................$30
15 Commercial driver instruction permit
16 issued to any person holding a valid
17 Illinois CDL for the purpose of
18 making a change in a classification,
19 endorsement or restriction........................$5
20 CDL duplicate or corrected license.....................$5
21 In order to ensure the proper implementation of the
22 Uniform Commercial Driver License Act, Article V of this
23 Chapter, the Secretary of State is empowered to pro-rate the
24 $24 fee for the commercial driver's license proportionate to
25 the expiration date of the applicant's Illinois driver's
26 license.
27 The fee for any duplicate license or permit shall be
28 waived for any person age 60 or older who presents the
29 Secretary of State's office with a police report showing that
30 his license or permit was stolen.
31 No additional fee shall be charged for a driver's
32 license, or for a commercial driver's license, when issued to
33 the holder of an instruction permit for the same
34 classification or type of license who becomes eligible for
-1182- LRB9101253EGfg
1 such license.
2 (b) Any person whose license or privilege to operate a
3 motor vehicle in this State has been suspended or revoked
4 under any provision of Chapter 6, Chapter 11, or Section
5 7-702 of the Family Financial Responsibility Law of this
6 Code, shall in addition to any other fees required by this
7 Code, pay a reinstatement fee as follows:
8 Summary suspension under Section 11-501.1.............$60
9 Other suspension......................................$30
10 Revocation............................................$60
11 However, any person whose license or privilege to operate
12 a motor vehicle in this State has been suspended or revoked
13 for a second or subsequent time for a violation of Section
14 11-501 or 11-501.1 of this Code or a similar provision of a
15 local ordinance or Section 9-3 of the Criminal Code of 1961
16 and each suspension or revocation was for a violation of
17 Section 11-501 or 11-501.1 of this Code or a similar
18 provision of a local ordinance or Section 9-3 of the Criminal
19 Code of 1961 shall pay, in addition to any other fees
20 required by this Code, a reinstatement fee as follows:
21 Summary suspension under Section 11-501.1............$250
22 Revocation...........................................$250
23 (c) All fees collected under the provisions of this
24 Chapter 6 shall be paid into the Road Fund in the State
25 Treasury except as follows:
26 1. The following amounts shall be paid into the
27 Driver Education Fund:
28 (A) $16 of the $20 fee for an original
29 driver's instruction permit;
30 (B) $5 of the $10 fee for an original driver's
31 license;
32 (C) $5 of the $10 fee for a 4 year renewal
33 driver's license; and
34 (D) $4 of the $8 fee for a restricted driving
-1183- LRB9101253EGfg
1 permit.
2 2. $30 of the $60 fee for reinstatement of a license
3 summarily suspended under Section 11-501.1 shall be
4 deposited into the Drunk and Drugged Driving Prevention
5 Fund. However, for a person whose license or privilege
6 to operate a motor vehicle in this State has been
7 suspended or revoked for a second or subsequent time for
8 a violation of Section 11-501 or 11-501.1 of this Code or
9 Section 9-3 of the Criminal Code of 1961, $190 of the
10 $250 fee for reinstatement of a license summarily
11 suspended under Section 11-501.1, and $190 of the $250
12 fee for reinstatement of a revoked license shall be
13 deposited into the Drunk and Drugged Driving Prevention
14 Fund.
15 3. $6 of such original or renewal fee for a
16 commercial driver's license and $6 of the commercial
17 driver instruction permit fee when such permit is issued
18 to any person holding a valid Illinois driver's license,
19 shall be paid into the CDLIS/AAMVAnet Trust Fund.
20 4. The fee for reinstatement of a license suspended
21 under the Family Financial Responsibility Law shall be
22 paid into the Family Responsibility Fund.
23 5. The $5 fee for each original or renewal M or L
24 endorsement shall be deposited into the Cycle Rider
25 Safety Training Fund.
26 (Source: P.A. 89-92, eff. 7-1-96; 90-622, eff. 3-1-99;
27 90-738, eff. 1-1-99; revised 9-21-98.)
28 (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
29 Sec. 6-204. When Court to forward License and Reports.
30 (a) For the purpose of providing to the Secretary of
31 State the records essential to the performance of the
32 Secretary's duties under this Code to cancel, revoke or
33 suspend the driver's license and privilege to drive motor
-1184- LRB9101253EGfg
1 vehicles of certain minors adjudicated truant minors in need
2 of supervision, addicted, or delinquent and of persons found
3 guilty of the criminal offenses or traffic violations which
4 this Code recognizes as evidence relating to unfitness to
5 safely operate motor vehicles, the following duties are
6 imposed upon public officials:
7 1. Whenever any person is convicted of any offense
8 for which this Code makes mandatory the cancellation or
9 revocation of the driver's license or permit of such
10 person by the Secretary of State, the judge of the court
11 in which such conviction is had shall require the
12 surrender to the clerk of the court of all driver's
13 licenses or permits then held by the person so convicted,
14 and the clerk of the court shall, within 10 days
15 thereafter, forward the same, together with a report of
16 such conviction, to the Secretary.
17 2. Whenever any person is convicted of any offense
18 under this Code or similar offenses under a municipal
19 ordinance, other than regulations governing standing,
20 parking or weights of vehicles, and excepting the
21 following enumerated Sections of this Code: Sections
22 11-1406 (obstruction to driver's view or control),
23 11-1407 (improper opening of door into traffic), 11-1410
24 (coasting on downgrade), 11-1411 (following fire
25 apparatus), 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101
26 (driving vehicle which is in unsafe condition or
27 improperly equipped), 12-201(a) (daytime lights on
28 motorcycles), 12-202 (clearance, identification and side
29 marker lamps), 12-204 (lamp or flag on projecting load),
30 12-205 (failure to display the safety lights required),
31 12-401 (restrictions as to tire equipment), 12-502
32 (mirrors), 12-503 (windshields must be unobstructed and
33 equipped with wipers), 12-601 (horns and warning
34 devices), 12-602 (mufflers, prevention of noise or
-1185- LRB9101253EGfg
1 smoke), 12-603 (seat safety belts), 12-702 (certain
2 vehicles to carry flares or other warning devices),
3 12-703 (vehicles for oiling roads operated on highways),
4 12-710 (splash guards and replacements), 13-101 (safety
5 tests), 15-101 (size, weight and load), 15-102 (width),
6 15-103 (height), 15-104 (name and address on second
7 division vehicles), 15-107 (length of vehicle), 15-109.1
8 (cover or tarpaulin), 15-111 (weights), 15-112 (weights),
9 15-301 (weights), 15-316 (weights), 15-318 (weights), and
10 also excepting the following enumerated Sections of the
11 Chicago Municipal Code: Sections 27-245 (following fire
12 apparatus), 27-254 (obstruction of traffic), 27-258
13 (driving vehicle which is in unsafe condition), 27-259
14 (coasting on downgrade), 27-264 (use of horns and signal
15 devices), 27-265 (obstruction to driver's view or driver
16 mechanism), 27-267 (dimming of headlights), 27-268
17 (unattended motor vehicle), 27-272 (illegal funeral
18 procession), 27-273 (funeral procession on boulevard),
19 27-275 (driving freighthauling vehicles on boulevard),
20 27-276 (stopping and standing of buses or taxicabs),
21 27-277 (cruising of public passenger vehicles), 27-305
22 (parallel parking), 27-306 (diagonal parking), 27-307
23 (parking not to obstruct traffic), 27-308 (stopping,
24 standing or parking regulated), 27-311 (parking
25 regulations), 27-312 (parking regulations), 27-313
26 (parking regulations), 27-314 (parking regulations),
27 27-315 (parking regulations), 27-316 (parking
28 regulations), 27-317 (parking regulations), 27-318
29 (parking regulations), 27-319 (parking regulations),
30 27-320 (parking regulations), 27-321 (parking
31 regulations), 27-322 (parking regulations), 27-324
32 (loading and unloading at an angle), 27-333 (wheel and
33 axle loads), 27-334 (load restrictions in the downtown
34 district), 27-335 (load restrictions in residential
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1 areas), 27-338 (width of vehicles), 27-339 (height of
2 vehicles), 27-340 (length of vehicles), 27-352
3 (reflectors on trailers), 27-353 (mufflers), 27-354
4 (display of plates), 27-355 (display of city vehicle tax
5 sticker), 27-357 (identification of vehicles), 27-358
6 (projecting of loads), and also excepting the following
7 enumerated paragraphs of Section 2-201 of the Rules and
8 Regulations of the Illinois State Toll Highway Authority:
9 (l) (driving unsafe vehicle on tollway), (m) (vehicles
10 transporting dangerous cargo not properly indicated), it
11 shall be the duty of the clerk of the court in which such
12 conviction is had within 10 days thereafter to forward to
13 the Secretary of State a report of the conviction and the
14 court may recommend the suspension of the driver's
15 license or permit of the person so convicted.
16 The reporting requirements of this subsection shall apply
17 to all violations stated in paragraphs 1 and 2 of this
18 subsection when the individual has been adjudicated under the
19 Juvenile Court Act or the Juvenile Court Act of 1987. Such
20 reporting requirements shall also apply to individuals
21 adjudicated under the Juvenile Court Act or the Juvenile
22 Court Act of 1987 who have committed a violation of Section
23 11-501 of this Code, or similar provision of a local
24 ordinance, or Section 9-3 of the Criminal Code of 1961, as
25 amended, relating to the offense of reckless homicide. The
26 reporting requirements of this subsection shall also apply to
27 a truant minor in need of supervision, an addicted minor, or
28 a delinquent minor and whose driver's license and privilege
29 to drive a motor vehicle has been ordered suspended for such
30 times as determined by the Court, but only until he or she
31 attains 18 years of age. It shall be the duty of the clerk
32 of the court in which adjudication is had within 10 days
33 thereafter to forward to the Secretary of State a report of
34 the adjudication and the court order requiring the Secretary
-1187- LRB9101253EGfg
1 of State to suspend the minor's driver's license and driving
2 privilege for such time as determined by the Court, but only
3 until he or she attains the age of 18 years. All juvenile
4 court dispositions reported to the Secretary of State under
5 this provision shall be processed by the Secretary of State
6 as if the cases had been adjudicated in traffic or criminal
7 court. However, information reported relative to the offense
8 of reckless homicide, or Section 11-501 of this Code, or a
9 similar provision of a local ordinance, shall be privileged
10 and available only to the Secretary of State, courts, and
11 police officers.
12 3. Whenever an order is entered vacating the
13 forfeiture of any bail, security or bond given to secure
14 appearance for any offense under this Code or similar
15 offenses under municipal ordinance, it shall be the duty
16 of the clerk of the court in which such vacation was had
17 or the judge of such court if such court has no clerk,
18 within 10 days thereafter to forward to the Secretary of
19 State a report of the vacation.
20 4. A report of any disposition of court supervision
21 for a violation of Sections 6-303, 11-401, 11-501 or a
22 similar provision of a local ordinance, 11-503 and 11-504
23 shall be forwarded to the Secretary of State. A report of
24 any disposition of court supervision for a violation of
25 an offense defined as a serious traffic violation in this
26 Code or a similar provision of a local ordinance
27 committed by a person under the age of 21 years shall be
28 forwarded to the Secretary of State.
29 5. Reports of conviction and sentencing hearing
30 under the Juvenile Court Act of 1987 in a computer
31 processible medium shall be forwarded to the Secretary of
32 State via the Supreme Court in the form and format
33 required by the Illinois Supreme Court and established by
34 a written agreement between the Supreme Court and the
-1188- LRB9101253EGfg
1 Secretary of State. In counties with a population over
2 300,000, instead of forwarding reports to the Supreme
3 Court, reports of conviction and sentencing hearing under
4 the Juvenile Court Act of 1987 in a computer processible
5 medium may be forwarded to the Secretary of State by the
6 Circuit Court Clerk in a form and format required by the
7 Secretary of State and established by written agreement
8 between the Circuit Court Clerk and the Secretary of
9 State. Failure to forward the reports of conviction or
10 sentencing hearing under the Juvenile Court Act of 1987
11 as required by this Section shall be deemed an omission
12 of duty and it shall be the duty of the several State's
13 Attorneys to enforce the requirements of this Section.
14 (b) Whenever a restricted driving permit is forwarded to
15 a court, as a result of confiscation by a police officer
16 pursuant to the authority in Section 6-113(f), it shall be
17 the duty of the clerk, or judge, if the court has no clerk,
18 to forward such restricted driving permit and a facsimile of
19 the officer's citation to the Secretary of State as
20 expeditiously as practicable.
21 (c) For the purposes of this Code, a forfeiture of bail
22 or collateral deposited to secure a defendant's appearance in
23 court when forfeiture has not been vacated, or the failure of
24 a defendant to appear for trial after depositing his driver's
25 license in lieu of other bail, shall be equivalent to a
26 conviction.
27 (d) For the purpose of providing the Secretary of State
28 with records necessary to properly monitor and assess driver
29 performance and assist the courts in the proper disposition
30 of repeat traffic law offenders, the clerk of the court shall
31 forward to the Secretary of State, on a form prescribed by
32 the Secretary, records of driver's participation in a driver
33 remedial or rehabilitative program which was required,
34 through a court order or court supervision, in relation to
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1 the driver's arrest for a violation of Section 11-501 of this
2 Code or a similar provision of a local ordinance. Such
3 reports shall be sent within 10 days after the driver's
4 referral to such driver remedial or rehabilitative program.
5 Such reports, including those required to be forwarded under
6 subsection 4 of paragraph (a), shall be recorded to the
7 driver's file, but shall not be released to any outside
8 source, except the affected driver, and shall be used only to
9 assist in assessing driver performance and for the purpose of
10 informing the courts that such driver has been previously
11 assigned court supervision or referred to a driver's remedial
12 or rehabilitative program.
13 (Source: P.A. 90-369, eff. 1-1-98; 90-590, eff. 1-1-99;
14 revised 9-16-98.)
15 (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
16 Sec. 6-205. Mandatory revocation of license or permit;
17 Hardship cases.
18 (a) Except as provided in this Section, the Secretary of
19 State shall immediately revoke the license or permit of any
20 driver upon receiving a report of the driver's conviction of
21 any of the following offenses:
22 1. Reckless homicide resulting from the operation
23 of a motor vehicle;
24 2. Violation of Section 11-501 of this Code or a
25 similar provision of a local ordinance relating to the
26 offense of operating or being in physical control of a
27 vehicle while under the influence of alcohol, other drug
28 or drugs, intoxicating compound or compounds, or any
29 combination thereof;
30 3. Any felony under the laws of any State or the
31 federal government in the commission of which a motor
32 vehicle was used;
33 4. Violation of Section 11-401 of this Code
-1190- LRB9101253EGfg
1 relating to the offense of leaving the scene of a traffic
2 accident involving death or personal injury;
3 5. Perjury or the making of a false affidavit or
4 statement under oath to the Secretary of State under this
5 Code or under any other law relating to the ownership or
6 operation of motor vehicles;
7 6. Conviction upon 3 charges of violation of
8 Section 11-503 of this Code relating to the offense of
9 reckless driving committed within a period of 12 months;
10 7. Conviction of the offense of automobile theft as
11 defined in Section 4-102 of this Code;
12 8. Violation of Section 11-504 of this Code
13 relating to the offense of drag racing;
14 9. Violation of Chapters 8 and 9 of this Code;
15 10. Violation of Section 12-5 of the Criminal Code
16 of 1961 arising from the use of a motor vehicle;
17 11. Violation of Section 11-204.1 of this Code
18 relating to aggravated fleeing or attempting to elude a
19 police officer;
20 12. Violation of paragraph (1) of subsection (b) of
21 Section 6-507, or a similar law of any other state,
22 relating to the unlawful operation of a commercial motor
23 vehicle;
24 13. Violation of paragraph (a) of Section 11-502 of
25 this Code or a similar provision of a local ordinance if
26 the driver has been previously convicted of a violation
27 of that Section or a similar provision of a local
28 ordinance and the driver was less than 21 years of age at
29 the time of the offense.
30 (b) The Secretary of State shall also immediately revoke
31 the license or permit of any driver in the following
32 situations:
33 1. Of any minor upon receiving the notice provided
34 for in Section 5-901 of the Juvenile Court Act of 1987
-1191- LRB9101253EGfg
1 that the minor has been adjudicated under that Act as
2 having committed an offense relating to motor vehicles
3 prescribed in Section 4-103 of this Code;
4 2. Of any person when any other law of this State
5 requires either the revocation or suspension of a license
6 or permit.
7 (c) Whenever a person is convicted of any of the
8 offenses enumerated in this Section, the court may recommend
9 and the Secretary of State in his discretion, without regard
10 to whether the recommendation is made by the court, may, upon
11 application, issue to the person a restricted driving permit
12 granting the privilege of driving a motor vehicle between the
13 petitioner's residence and petitioner's place of employment
14 or within the scope of the petitioner's employment related
15 duties, or to allow transportation for the petitioner or a
16 household member of the petitioner's family for the receipt
17 of necessary medical care or, if the professional evaluation
18 indicates, provide transportation for the petitioner for
19 alcohol remedial or rehabilitative activity, or for the
20 petitioner to attend classes, as a student, in an accredited
21 educational institution; if the petitioner is able to
22 demonstrate that no alternative means of transportation is
23 reasonably available and the petitioner will not endanger the
24 public safety or welfare; provided that the Secretary's
25 discretion shall be limited to cases where undue hardship
26 would result from a failure to issue the restricted driving
27 permit. In each case the Secretary of State may issue a
28 restricted driving permit for a period he deems appropriate,
29 except that the permit shall expire within one year from the
30 date of issuance. A restricted driving permit issued under
31 this Section shall be subject to cancellation, revocation,
32 and suspension by the Secretary of State in like manner and
33 for like cause as a driver's license issued under this Code
34 may be cancelled, revoked, or suspended; except that a
-1192- LRB9101253EGfg
1 conviction upon one or more offenses against laws or
2 ordinances regulating the movement of traffic shall be deemed
3 sufficient cause for the revocation, suspension, or
4 cancellation of a restricted driving permit. The Secretary of
5 State may, as a condition to the issuance of a restricted
6 driving permit, require the applicant to participate in a
7 designated driver remedial or rehabilitative program. The
8 Secretary of State is authorized to cancel a restricted
9 driving permit if the permit holder does not successfully
10 complete the program. However, if an individual's driving
11 privileges have been revoked in accordance with paragraph 13
12 of subsection (a) of this Section, no restricted driving
13 permit shall be issued until the individual has served 6
14 months of the revocation period.
15 (d) Whenever a person under the age of 21 is convicted
16 under Section 11-501 of this Code or a similar provision of a
17 local ordinance, the Secretary of State shall revoke the
18 driving privileges of that person. One year after the date
19 of revocation, and upon application, the Secretary of State
20 may, if satisfied that the person applying will not endanger
21 the public safety or welfare, issue a restricted driving
22 permit granting the privilege of driving a motor vehicle only
23 between the hours of 5 a.m. and 9 p.m. or as otherwise
24 provided by this Section for a period of one year. After
25 this one year period, and upon reapplication for a license as
26 provided in Section 6-106, upon payment of the appropriate
27 reinstatement fee provided under paragraph (b) of Section
28 6-118, the Secretary of State, in his discretion, may issue
29 the applicant a license, or extend the restricted driving
30 permit as many times as the Secretary of State deems
31 appropriate, by additional periods of not more than 12 months
32 each, until the applicant attains 21 years of age. A
33 restricted driving permit issued under this Section shall be
34 subject to cancellation, revocation, and suspension by the
-1193- LRB9101253EGfg
1 Secretary of State in like manner and for like cause as a
2 driver's license issued under this Code may be cancelled,
3 revoked, or suspended; except that a conviction upon one or
4 more offenses against laws or ordinances regulating the
5 movement of traffic shall be deemed sufficient cause for the
6 revocation, suspension, or cancellation of a restricted
7 driving permit. Any person under 21 years of age who has a
8 driver's license revoked for a second or subsequent
9 conviction for driving under the influence, prior to the age
10 of 21, shall not be eligible to submit an application for a
11 full reinstatement of driving privileges or a restricted
12 driving permit until age 21 or one additional year from the
13 date of the latest such revocation, whichever is the longer.
14 The revocation periods contained in this subparagraph shall
15 apply to similar out-of-state convictions.
16 (e) This Section is subject to the provisions of the
17 Driver License Compact.
18 (f) Any revocation imposed upon any person under
19 subsections 2 and 3 of paragraph (b) that is in effect on
20 December 31, 1988 shall be converted to a suspension for a
21 like period of time.
22 (g) The Secretary of State shall not issue a restricted
23 driving permit to a person under the age of 16 years whose
24 driving privileges have been revoked under any provisions of
25 this Code.
26 (h) The Secretary of State may use ignition interlock
27 device requirements when granting driving relief to
28 individuals who have been arrested for a second or subsequent
29 offense under Section 11-501 of this Code or a similar
30 provision of a local ordinance. The Secretary shall
31 establish by rule and regulation the procedures for use of
32 the interlock system.
33 (Source: P.A. 89-156, eff. 1-1-96; 89-245, eff. 1-1-96;
34 89-626, eff. 8-9-96; 90-369, eff. 1-1-98; 90-590, eff.
-1194- LRB9101253EGfg
1 1-1-99; 90-611, eff. 1-1-99; 90-779, eff. 1-1-99; revised
2 9-16-98.)
3 (625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208)
4 Sec. 6-208. Period of Suspension - Application After
5 Revocation.
6 (a) Except as otherwise provided by this Code or any
7 other law of this State, the Secretary of State shall not
8 suspend a driver's license, permit or privilege to drive a
9 motor vehicle on the highways for a period of more than one
10 year.
11 (b) Any person whose license, permit or privilege to
12 drive a motor vehicle on the highways has been revoked shall
13 not be entitled to have such license, permit or privilege
14 renewed or restored. However, such person may, except as
15 provided under subsection (d) of Section 6-205, make
16 application for a license pursuant to Section 6-106 (i) if
17 the revocation was for a cause which has been removed or (ii)
18 as provided in the following subparagraphs:
19 1. Except as provided in subparagraphs 2, 3, and 4,
20 the person may make application for a license after the
21 expiration of one year from the effective date of the
22 revocation or, in the case of a violation of paragraph
23 (b) of Section 11-401 of this Code or a similar provision
24 of a local ordinance, after the expiration of 3 years
25 from the effective date of the revocation or, in the case
26 of a violation of Section 9-3 of the Criminal Code of
27 1961 relating to the offense of reckless homicide, after
28 the expiration of 2 years from the effective date of the
29 revocation.; or
30 2. If such person is convicted of committing a
31 second violation within a 20 year period of:
32 (A) Section 11-501 of this Code, or a similar
33 provision of a local ordinance; or
-1195- LRB9101253EGfg
1 (B) Paragraph (b) of Section 11-401 of this
2 Code, or a similar provision of a local ordinance;
3 or
4 (C) Section 9-3 of the Criminal Code of 1961,
5 as amended, relating to the offense of reckless
6 homicide; or
7 (D) any combination of the above offenses
8 committed at different instances;
9 then such person may not make application for a license
10 until after the expiration of 5 years from the effective
11 date of the most recent revocation. The 20 year period
12 shall be computed by using the dates the offenses were
13 committed and shall also include similar out-of-state
14 offenses.
15 3. However, except as provided in subparagraph 4,
16 if such person is convicted of committing a third, or
17 subsequent, violation or any combination of the above
18 offenses, including similar out-of-state offenses,
19 contained in subparagraph 2, then such person may not
20 make application for a license until after the expiration
21 of 10 years from the effective date of the most recent
22 revocation.
23 4. The person may not make application for a
24 license if the person is convicted of committing a fourth
25 or subsequent violation of Section 11-501 of this Code or
26 a similar provision of a local ordinance, paragraph (b)
27 of Section 11-401 of this Code, Section 9-3 of the
28 Criminal Code of 1961, or a combination of these offenses
29 or similar provisions of local ordinances or similar
30 out-of-state offenses if the original revocation or
31 suspension was for a violation of Section 11-501 or
32 11-501.1 of this Code or a similar provision of a local
33 ordinance.
34 Notwithstanding any other provision of this Code, all
-1196- LRB9101253EGfg
1 persons referred to in this paragraph (b) may not have their
2 privileges restored until the Secretary receives payment of
3 the required reinstatement fee pursuant to subsection (b) of
4 Section 6-118.
5 In no event shall the Secretary issue such license unless
6 and until such person has had a hearing pursuant to this Code
7 and the appropriate administrative rules and the Secretary is
8 satisfied, after a review or investigation of such person,
9 that to grant the privilege of driving a motor vehicle on the
10 highways will not endanger the public safety or welfare.
11 (Source: P.A. 89-156, eff. 1-1-96; 90-543, eff. 12-1-97;
12 90-738, eff. 1-1-99; revised 10-31-98.)
13 (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1)
14 Sec. 6-208.1. Period of statutory summary alcohol, other
15 drug, or intoxicating compound related suspension.
16 (a) Unless the statutory summary suspension has been
17 rescinded, any person whose privilege to drive a motor
18 vehicle on the public highways has been summarily suspended,
19 pursuant to Section 11-501.1, shall not be eligible for
20 restoration of the privilege until the expiration of:
21 1. Six months from the effective date of the
22 statutory summary suspension for a refusal or failure to
23 complete a test or tests to determine the alcohol, drug,
24 or intoxicating compound concentration, pursuant to
25 Section 11-501.1; or
26 2. Three months from the effective date of the
27 statutory summary suspension imposed following the
28 person's submission to a chemical test which disclosed an
29 alcohol concentration of 0.08 or more, or any amount of a
30 drug, substance, or intoxicating compound in such
31 person's breath, blood, or urine resulting from the
32 unlawful use or consumption of cannabis listed in the
33 Cannabis Control Act, a controlled substance listed in
-1197- LRB9101253EGfg
1 the Illinois Controlled Substances Act, or an
2 intoxicating compound listed in the Use of Intoxicating
3 Compounds Act, pursuant to Section 11-501.1; or
4 3. Three years from the effective date of the
5 statutory summary suspension for any person other than a
6 first offender who refuses or fails to complete a test or
7 tests to determine the alcohol, drug, or intoxicating
8 compound concentration pursuant to Section 11-501.1; or
9 4. One year from the effective date of the summary
10 suspension imposed for any person other than a first
11 offender following submission to a chemical test which
12 disclosed an alcohol concentration of 0.08 or more
13 pursuant to Section 11-501.1 or any amount of a drug,
14 substance or compound in such person's blood or urine
15 resulting from the unlawful use or consumption of
16 cannabis listed in the Cannabis Control Act, a controlled
17 substance listed in the Illinois Controlled Substances
18 Act, or an intoxicating compound listed in the Use of
19 Intoxicating Compounds Act.
20 (b) Following a statutory summary suspension of the
21 privilege to drive a motor vehicle under Section 11-501.1,
22 full driving privileges shall be restored unless the person
23 is otherwise disqualified by this Code. If the court has
24 reason to believe that the person's driving privilege should
25 not be restored, the court shall notify the Secretary of
26 State prior to the expiration of the statutory summary
27 suspension so appropriate action may be taken pursuant to
28 this Code.
29 (c) Full driving privileges may not be restored until
30 all applicable reinstatement fees, as provided by this Code,
31 have been paid to the Secretary of State and the appropriate
32 entry made to the driver's record.
33 (d) Where a driving privilege has been summarily
34 suspended under Section 11-501.1 and the person is
-1198- LRB9101253EGfg
1 subsequently convicted of violating Section 11-501, or a
2 similar provision of a local ordinance, for the same
3 incident, any period served on statutory summary suspension
4 shall be credited toward the minimum period of revocation of
5 driving privileges imposed pursuant to Section 6-205.
6 (e) Following a statutory summary suspension of driving
7 privileges pursuant to Section 11-501.1, for a first
8 offender, the circuit court may, after at least 30 days from
9 the effective date of the statutory summary suspension, issue
10 a judicial driving permit as provided in Section 6-206.1.
11 (f) Subsequent to an arrest of a first offender, for any
12 offense as defined in Section 11-501 or a similar provision
13 of a local ordinance, following a statutory summary
14 suspension of driving privileges pursuant to Section
15 11-501.1, for a first offender, the circuit court may issue a
16 court order directing the Secretary of State to issue a
17 judicial driving permit as provided in Section 6-206.1.
18 However, this JDP shall not be effective prior to the 31st
19 day of the statutory summary suspension.
20 (g) Following a statutory summary suspension of driving
21 privileges pursuant to Section 11-501.1 where the person was
22 not a first offender, as defined in Section 11-500 and such
23 person refused or failed to complete a test or tests to
24 determine the alcohol, drug, or intoxicating compound
25 concentration pursuant to Section 11-501.1, the Secretary of
26 State may issue a restricted driving permit if at least 2
27 years have elapsed since the effective date of the statutory
28 summary suspension.
29 (h) Following a statutory summary suspension of driving
30 privileges pursuant to Section 11-501.1 where the person was
31 not a first offender as defined in Section 11-500 and such
32 person submitted to a chemical test which disclosed an
33 alcohol concentration of 0.08 or more pursuant to Section
34 11-501.1, the Secretary of State may, after at least 90 days
-1199- LRB9101253EGfg
1 from the effective date of the statutory summary suspension,
2 issue a restricted driving permit.
3 (Source: P.A. 89-203, eff. 7-21-95; 90-43, eff. 7-2-97;
4 90-738, eff. 1-1-99; 90-779, eff. 1-1-99; revised 9-21-98.)
5 (625 ILCS 5/6-301.3)
6 Sec. 6-301.3. Invalidation of a driver's license or
7 permit.
8 (a) The Secretary of State may invalidate a driver's
9 license or permit when:
10 (1) when the holder voluntarily surrenders the
11 license or permit and declares his or her intention to do
12 so in writing to the Secretary;
13 (2) when the Secretary receives a certified court
14 order indicating the holder is to refrain from driving;
15 (3) upon the death of the holder; or
16 (4) as the Secretary deems appropriate by
17 administrative rule.
18 (b) A driver's license or permit invalidated under this
19 Section shall nullify the holder's driving privileges. If a
20 license is invalidated under subdivision (a)(3) of this
21 Section paragraph (3) above, the actual license or permit may
22 be released to a relative of the decedent; provided, the
23 actual license or permit bears a readily identifiable
24 designation evidencing invalidation as prescribed by the
25 Secretary.
26 (Source: P.A. 88-197; revised 10-31-98.)
27 (625 ILCS 5/6-517) (from Ch. 95 1/2, par. 6-517)
28 Sec. 6-517. Commercial driver; implied consent warnings.
29 (a) Any person driving a commercial motor vehicle who is
30 requested by a police officer, pursuant to Section 6-516, to
31 submit to a chemical test or tests to determine the alcohol
32 concentration or any amount of a drug, substance, or compound
-1200- LRB9101253EGfg
1 resulting from the unlawful use or consumption of cannabis
2 listed in the Cannabis Control Act or a controlled substance
3 listed in the Illinois Controlled Substances Act in such
4 person's system, must be warned by the police officer
5 requesting the test or tests that a refusal to submit to the
6 test or tests will result in that person being immediately
7 placed out-of-service for a period of 24 hours and being
8 disqualified from operating a commercial motor vehicle for a
9 period of not less than 12 months; the person shall also be
10 warned that if such person submits to testing which discloses
11 an alcohol concentration of greater than 0.00 but less than
12 0.04 or any amount of a drug, substance, or compound in such
13 person's blood or urine resulting from the unlawful use or
14 consumption of cannabis listed in the Cannabis Control Act or
15 a controlled substance listed in the Illinois Controlled
16 Substances Act, such person shall be placed immediately
17 out-of-service for a period of 24 hours; if the person
18 submits to testing which discloses an alcohol concentration
19 of 0.04 or more or any amount of a drug, substance, or
20 compound in such person's blood or urine resulting from the
21 unlawful use or consumption of cannabis listed in the
22 Cannabis Control Act or a controlled substance listed in the
23 Illinois Controlled Substances Act, such person shall be
24 placed immediately out-of-service and disqualified from
25 driving a commercial motor vehicle for a period of at least
26 12 months; also the person shall be warned that if such
27 testing discloses an alcohol concentration of 0.08, or more
28 or any amount of a drug, substance, or compound in such
29 person's blood or urine resulting from the unlawful use or
30 consumption of cannabis listed in the Cannabis Control Act or
31 a controlled substance listed in the Illinois Controlled
32 Substances Act, in addition to the person being immediately
33 placed out-of-service and disqualified for 12 months as
34 provided in this UCDLA, the results of such testing shall
-1201- LRB9101253EGfg
1 also be admissible in prosecutions for violations of Section
2 11-501 of this Code, or similar violations of local
3 ordinances, however, such results shall not be used to impose
4 any driving sanctions pursuant to Section 11-501.1 of this
5 Code.
6 The person shall also be warned that any disqualification
7 imposed pursuant to this Section, shall be for life for any
8 such offense or refusal, or combination thereof; including a
9 conviction for violating Section 11-501 while driving a
10 commercial motor vehicle, or similar provisions of local
11 ordinances, committed a second time involving separate
12 incidents.
13 (b) If the person refuses or fails to complete testing,
14 or submits to a test which discloses an alcohol concentration
15 of at least 0.04, or any amount of a drug, substance, or
16 compound in such person's blood or urine resulting from the
17 unlawful use or consumption of cannabis listed in the
18 Cannabis Control Act or a controlled substance listed in the
19 Illinois Controlled Substances Act, the law enforcement
20 officer must submit a Sworn Report to the Secretary of State,
21 in a form prescribed by the Secretary, certifying that the
22 test or tests was requested pursuant to paragraph (a); that
23 the person was warned, as provided in paragraph (a) and that
24 such person refused to submit to or failed to complete
25 testing, or submitted to a test which disclosed an alcohol
26 concentration of 0.04 or more, or any amount of a drug,
27 substance, or compound in such person's blood or urine
28 resulting from the unlawful use or consumption of cannabis
29 listed in the Cannabis Control Act or a controlled substance
30 listed in the Illinois Controlled Substances Act.
31 (c) The police officer submitting the Sworn Report under
32 this Section shall serve notice of the CDL disqualification
33 on the person and such CDL disqualification shall be
34 effective as provided in paragraph (d). In cases where the
-1202- LRB9101253EGfg
1 blood alcohol concentration of 0.04 or more, or any amount of
2 a drug, substance, or compound in such person's blood or
3 urine resulting from the unlawful use or consumption of
4 cannabis listed in the Cannabis Control Act or a controlled
5 substance listed in the Illinois Controlled Substances Act,
6 is established by subsequent analysis of blood or urine
7 collected at the time of the request, the police officer
8 shall give notice as provided in this Section or by deposit
9 in the United States mail of such notice as provided in this
10 Section or by deposit in the United States mail of such
11 notice in an envelope with postage prepaid and addressed to
12 such person's persons' domiciliary address as shown on the
13 Sworn Report and the CDL disqualification shall begin as
14 provided in paragraph (d).
15 (d) The CDL disqualification referred to in this Section
16 shall take effect on the 46th day following the date the
17 Sworn Report was given to the affected person.
18 (e) Upon receipt of the Sworn Report from the police
19 officer, the Secretary of State shall disqualify the person
20 from driving any commercial motor vehicle and shall confirm
21 the CDL disqualification by mailing the notice of the
22 effective date to the person. However, should the Sworn
23 Report be defective by not containing sufficient information
24 or be completed in error, the confirmation of the CDL
25 disqualification shall not be mailed to the affected person
26 or entered into the record, instead the Sworn Report shall be
27 forwarded to the issuing agency identifying any such defect.
28 (Source: P.A. 90-43, eff. 7-2-97; revised 10-31-98.)
29 (625 ILCS 5/6-520) (from Ch. 95 1/2, par. 6-520)
30 Sec. 6-520. CDL disqualification or out-of-service
31 order; hearing.
32 (a) A disqualification of commercial driving privileges
33 by the Secretary of State, pursuant to this UCDLA, shall not
-1203- LRB9101253EGfg
1 become effective until the person is notified in writing, by
2 the Secretary, of the impending disqualification and advised
3 that a CDL hearing may be requested.
4 (b) Upon receipt of the notice of a CDL disqualification
5 not based upon a conviction, an out-of-service order, or
6 notification that a CDL disqualification is forthcoming, the
7 person may make a written petition in a form, approved by the
8 Secretary of State, for a CDL hearing. Such petition must
9 state the grounds upon which the person seeks to have the CDL
10 disqualification rescinded or the out-of-service order
11 removed from the person's driving record. Within 10 days
12 after the receipt of such petition, it shall be reviewed by
13 the Director of the Department of Administrative Hearings,
14 Office of the Secretary of State, or by an appointed
15 designee. If it is determined that the petition on its face
16 does not state grounds upon which the relief may be based,
17 the petition for a CDL hearing shall be denied and the
18 disqualification shall become effective as if no petition had
19 been filed and the out-of-service order shall be sustained.
20 If such petition is so denied, the person may submit another
21 petition.
22 (c) The scope of a CDL hearing, for any disqualification
23 imposed pursuant to paragraphs (1) and (2) of subsection (a)
24 of Section 6-514 shall be limited to the following issues:
25 1. Whether the person was operating a commercial
26 motor vehicle;
27 2. Whether, after making the initial stop, the
28 police officer had probable cause to issue a Sworn
29 Report;
30 3. Whether the person was verbally warned of the
31 ensuing consequences prior to submitting to any type of
32 chemical test or tests to determine such person's blood
33 concentration of alcohol, other drug, or both; and
34 4. Whether the person did refuse to submit to or
-1204- LRB9101253EGfg
1 failed to complete the chemical testing or did submit to
2 such test or tests and such test or tests disclosed an
3 alcohol concentration of at least 0.04 or any amount of a
4 drug, substance, or compound resulting from the unlawful
5 use or consumption of cannabis listed in the Cannabis
6 Control Act or a controlled substance listed in the
7 Illinois Controlled Substances Act in the person's system
8 ;.
9 5. Whether the person was warned that if the test
10 or tests disclosed an alcohol concentration of 0.08 or
11 more or any amount of a drug, substance, or compound
12 resulting from the unlawful use or consumption of
13 cannabis listed in the Cannabis Control Act or a
14 controlled substance listed in the Illinois Controlled
15 Substances Act, such results could be admissible in a
16 subsequent prosecution under Section 11-501 of this Code
17 or similar provision of local ordinances; and
18 6. Whether That such results could not be used to
19 impose any driver's license sanctions pursuant to Section
20 11-501.1.
21 Upon the conclusion of the above CDL hearing, the CDL
22 disqualification imposed shall either be sustained or
23 rescinded.
24 (d) The scope of a CDL hearing for any out-of-service
25 sanction, imposed pursuant to Section 6-515, shall be limited
26 to the following issues:
27 1. Whether the person was driving a commercial
28 motor vehicle;
29 2. Whether, while driving such commercial motor
30 vehicle, the person had alcohol or any amount of a drug,
31 substance, or compound resulting from the unlawful use
32 or consumption of cannabis listed in the Cannabis Control
33 Act or a controlled substance listed in the Illinois
34 Controlled Substances Act in such person's system; or
-1205- LRB9101253EGfg
1 3. Whether the person was verbally warned of the
2 ensuing consequences prior to being asked to submit to
3 any type of chemical test or tests to determine such
4 person's alcohol, other drug, or both, concentration; and
5 4. Whether, after being so warned, the person did
6 refuse to submit to or failed to complete such chemical
7 test or tests or did submit to such test or tests and
8 such test or tests disclosed an alcohol concentration
9 greater than 0.00 or any amount of a drug, substance, or
10 compound resulting from the unlawful use or consumption
11 of cannabis listed in the Cannabis Control Act or a
12 controlled substance listed in the Illinois Controlled
13 Substances Act.
14 Upon the conclusion of the above CDL hearing, the
15 out-of-service sanction shall either be sustained or removed
16 from the person's driving record.
17 (e) If any person petitions for a hearing relating to
18 any CDL disqualification based upon a conviction, as defined
19 in this UCDLA, said hearing shall not be conducted as a CDL
20 hearing, but shall be conducted as any other driver's license
21 hearing, whether formal or informal, as promulgated in the
22 rules and regulations of the Secretary.
23 (f) Any evidence of alcohol or other drug consumption,
24 for the purposes of this UCDLA, shall be sufficient probable
25 cause for requesting the driver to submit to a chemical test
26 or tests to determine the presence of alcohol, other drug, or
27 both in the person's system and the subsequent issuance of an
28 out-of-service order or a Sworn Report by a police officer.
29 (g) For the purposes of this UCDLA, a CDL "hearing"
30 shall mean a hearing before the Office of the Secretary of
31 State in accordance with Section 2-118 of this Code, for the
32 purpose of resolving differences or disputes specifically
33 related to the scope of the issues identified in this
34 Section. These proceedings will be a matter of record and a
-1206- LRB9101253EGfg
1 final appealable order issued. The petition for a CDL
2 hearing shall not stay or delay the effective date of the
3 impending disqualification.
4 (h) The CDL hearing may be conducted upon a review of
5 the police officer's own official reports; provided however,
6 that the petitioner may subpoena the officer. Failure of the
7 officer to answer the subpoena shall be grounds for a
8 continuance.
9 (Source: P.A. 90-43, eff. 7-2-97; revised 10-31-98.)
10 (625 ILCS 5/7-402) (from Ch. 95 1/2, par. 7-402)
11 Sec. 7-402. Surrender of license to drive and
12 registration. Except as otherwise provided in this Code or
13 Article V of the Supreme Court Rules, any person whose
14 license to drive has been suspended shall immediately return
15 to the Secretary of State any driver's driver license,
16 instruction permit, restricted driving permit or other
17 evidence of driving privileges held by such person. Any
18 driving authorization document issued under Section 6-206.1
19 or 11-501.1 of this Code shall be returned to the issuing
20 court for proper processing. Any person whose vehicle
21 registration has been suspended shall, upon the request of
22 the Secretary, immediately return to the Secretary any
23 license plates or other evidences of registration held by
24 such person.
25 The Secretary is authorized to take possession of any
26 license to drive, registration certificate, registration
27 sticker or license plates upon the suspension thereof under
28 the provisions of this Code or to direct any law enforcement
29 officer to take possession thereof and to return the same to
30 the Secretary.
31 Any person willfully failing to comply with this Section
32 is guilty of a Class A misdemeanor and shall be punished as
33 provided in Section 9-110 of this Code.
-1207- LRB9101253EGfg
1 (Source: P.A. 85-1201; revised 10-31-98.)
2 (625 ILCS 5/10-301) (from Ch. 95 1/2, par. 10-301)
3 Sec. 10-301. Service of process on non-resident.
4 (a) The use and operation by any person or his duly
5 authorized agent or employee of a vehicle over or upon the
6 highways of the State of Illinois, shall be deemed an
7 appointment by such person of the Secretary of State to be
8 his true and lawful attorney upon whom may be served all
9 legal process in any action or proceeding against him,
10 growing out of such use or resulting in damage or loss to
11 person or property, and the use or operation shall be
12 signification of his agreement that such process against him
13 which is so served, shall be of the same legal force and
14 validity as though served upon him personally if such person
15 is a non-resident of this State or at the time a cause of
16 action arises is a resident of this State but subsequently
17 becomes a non-resident of this State, or in the event the
18 vehicle is owned by a non-resident and is being operated over
19 and upon the highways of this State with the owner's express
20 or implied permission.
21 (b) Service of such process shall be made by serving a
22 copy upon the Secretary of State or any employee in his
23 office designated by him to accept such service for him, or
24 by filing such copy in his office, together with an affidavit
25 of compliance from the plaintiff instituting the action,
26 suit, or proceeding, which states that this Section is
27 applicable to the proceeding and that the plaintiff has
28 complied with the requirements of this Section, and a fee of
29 $5 and such service shall be sufficient service upon the
30 person, if notice of such service and a copy of the process
31 are, within 10 days thereafter, sent by registered mail by
32 the plaintiff to the defendant, at the last known address of
33 the defendant, and the plaintiff's affidavit of compliance
-1208- LRB9101253EGfg
1 herewith is appended to the summons.
2 (c) The court in which the action is pending may order
3 such continuances as may be necessary to afford the defendant
4 reasonable opportunity to defend the action. The fee of $5
5 paid by the plaintiff to the Secretary of State at the time
6 of the service shall be taxed as his cost, if he prevails in
7 the action.
8 (d) The Secretary of State shall keep a record of all
9 such processes, which shall show the day and hour of such
10 service.
11 (e) When a final judgment is entered against any
12 non-resident defendant who has have not received notice and a
13 copy of the process by registered mail, required to be sent
14 to him as above provided, and such person, his heirs,
15 legatees, executor, administrator or other legal
16 representatives, as the case may require, shall within one
17 year after the written notice given to him of such judgment,
18 or within 5 years after such judgment, if no such notice has
19 been given, as stated above, appear and petition the court to
20 be heard regarding such judgment, and shall pay such costs as
21 the court may deem reasonable in that behalf, the person so
22 petitioning the court may appear and answer the plaintiff's
23 allegations, and thereupon such proceeding shall be had as if
24 the defendant had appeared in due time and no judgment had
25 been entered. If it appears upon the hearing that such
26 judgment ought not to have been entered against the
27 defendant, the judgment may be set aside, altered or amended
28 as shall appear just; otherwise, it shall be ordered that the
29 judgment stands confirmed against the defendant. The judgment
30 shall, after 5 years from the entry thereof, if not set aside
31 in the manner stated above, be deemed and adjudged confirmed
32 against such defendant, and all persons claiming under him by
33 virtue of any act done subsequent to the commencement of such
34 action, and at the end of the 5 years, the court may enter
-1209- LRB9101253EGfg
1 such further orders as shall be required for the enforcement
2 of the judgment.
3 (f) Any person instituting any action, suit, or
4 proceeding who uses this Section to effect service of process
5 shall be liable for the attorney's fees and costs of the
6 defendant if the court finds that the person instituting the
7 action knew or should have known that this Section is not
8 applicable for effecting service in such action.
9 (Source: P.A. 85-412; revised 10-31-98.)
10 (625 ILCS 5/11-306) (from Ch. 95 1/2, par. 11-306)
11 Sec. 11-306. Traffic-control signal legend. Whenever
12 traffic is controlled by traffic-control signals exhibiting
13 different colored lights or color lighted arrows,
14 successively one at a time or in combination, only the colors
15 green, red and yellow shall be used, except for special
16 pedestrian signals carrying a word legend, and the lights
17 shall indicate and apply to drivers of vehicles and
18 pedestrians as follows:
19 (a) Green indication.
20 1. (1) Vehicular traffic facing a circular green
21 signal may proceed straight through or turn right or left
22 unless a sign at such place prohibits either such turn.
23 Vehicular traffic, including vehicles turning right or
24 left, shall yield the right of way to other vehicles and
25 to pedestrians lawfully within the intersection or an
26 adjacent crosswalk at the time such signal is exhibited.
27 2. Vehicular traffic facing a green arrow signal,
28 shown alone or in combination with another indication,
29 may cautiously enter the intersection only to make the
30 movement indicated by such arrow, or such other movement
31 as is permitted by other indications shown at the same
32 time. Such vehicular traffic shall yield the right of
33 way to pedestrians lawfully within an adjacent crosswalk
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1 and to other traffic lawfully using the intersection.
2 3. Unless otherwise directed by a
3 pedestrian-control signal, as provided in Section 11-307,
4 pedestrians facing any green signal, except when the sole
5 green signal is a turn arrow, may proceed across the
6 roadway within any marked or unmarked crosswalk.
7 (b) Steady yellow indication.
8 1. Vehicular traffic facing a steady circular
9 yellow or yellow arrow signal is thereby warned that the
10 related green movement is being terminated or that a red
11 indication will be exhibited immediately thereafter.
12 2. Pedestrians facing a steady circular yellow or
13 yellow arrow signal, unless otherwise directed by a
14 pedestrian-control signal as provided in Section 11-307,
15 are thereby advised that there is insufficient time to
16 cross the roadway before a red indication is shown and no
17 pedestrian shall then start to cross the roadway.
18 (c) Steady red indication.
19 1. Except as provided in paragraph 3 of this
20 subsection (c) of this Section, vehicular traffic facing
21 a steady circular red signal alone shall stop at a
22 clearly marked stop line, but if there is no such stop
23 line, before entering the crosswalk on the near side of
24 the intersection, or if there is no such crosswalk, then
25 before entering the intersection, and shall remain
26 standing until an indication to proceed is shown.
27 2. Except as provided in paragraph 3 of this
28 subsection (c) of this Section, vehicular traffic facing
29 a steady red arrow signal shall not enter the
30 intersection to make the movement indicated by the arrow
31 and, unless entering the intersection to make a movement
32 permitted by another signal, shall stop at a clearly
33 marked stop line, but if there is no such stop line,
34 before entering the crosswalk on the near side of the
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1 intersection, or if there is no such crosswalk, then
2 before entering the intersection, and shall remain
3 standing until an indication permitting the movement
4 indicated by such red arrow is shown.
5 3. Except when a sign is in place prohibiting a
6 turn and local authorities by ordinance or State
7 authorities by rule or regulation prohibit any such turn,
8 vehicular traffic facing any steady red signal may
9 cautiously enter the intersection to turn right, or to
10 turn left from a one-way street into a one-way street,
11 after stopping as required by paragraph 1 or paragraph 2
12 of this subsection (c) of this Section. After stopping,
13 the driver shall yield the right of way to any vehicle in
14 the intersection or approaching on another roadway so
15 closely as to constitute an immediate hazard during the
16 time such driver is moving across or within the
17 intersection or junction or roadways. Such driver shall
18 yield the right of way to pedestrians within the
19 intersection or an adjacent crosswalk.
20 4. Unless otherwise directed by a
21 pedestrian-control signal as provided in Section 11-307,
22 pedestrians facing a steady circular red or red arrow
23 signal alone shall not enter the roadway.
24 5. A municipality with a population of 1,000,000 or
25 more may enact an ordinance that provides for the use of
26 an automated red light enforcement system to enforce
27 violations of this subsection (c) that result in or
28 involve a motor vehicle accident, leaving the scene of a
29 motor vehicle accident, or reckless driving that results
30 in bodily injury.
31 This paragraph 5 is subject to prosecutorial
32 discretion that is consistent with applicable law.
33 (d) In the event an official traffic control signal is
34 erected and maintained at a place other than an intersection,
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1 the provisions of this Section shall be applicable except as
2 to provisions which by their nature can have no application.
3 Any stop required shall be at a traffic sign or a marking on
4 the pavement indicating where the stop shall be made or, in
5 the absence of such sign or marking, the stop shall be made
6 at the signal.
7 (e) The motorman of any streetcar shall obey the above
8 signals as applicable to vehicles.
9 (Source: P.A. 90-86, eff. 7-10-97; revised 10-31-98.)
10 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
11 Sec. 11-501. Driving while under the influence of
12 alcohol, other drug or drugs, intoxicating compound or
13 compounds or any combination thereof.
14 (a) A person shall not drive or be in actual physical
15 control of any vehicle within this State while:
16 (1) the alcohol concentration in the person's blood
17 or breath is 0.08 or more based on the definition of
18 blood and breath units in Section 11-501.2;
19 (2) under the influence of alcohol;
20 (3) under the influence of any intoxicating
21 compound or combination of intoxicating compounds to a
22 degree that renders the person incapable of driving
23 safely;
24 (4) under the influence of any other drug or
25 combination of drugs to a degree that renders the person
26 incapable of safely driving;
27 (5) under the combined influence of alcohol, other
28 drug or drugs, or intoxicating compound or compounds to a
29 degree that renders the person incapable of safely
30 driving; or
31 (6) there is any amount of a drug, substance, or
32 compound in the person's breath, blood, or urine
33 resulting from the unlawful use or consumption of
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1 cannabis listed in the Cannabis Control Act, a controlled
2 substance listed in the Illinois Controlled Substances
3 Act, or an intoxicating compound listed in the Use of
4 Intoxicating Compounds Act.
5 (b) The fact that any person charged with violating this
6 Section is or has been legally entitled to use alcohol, other
7 drug or drugs, or intoxicating compound or compounds, or any
8 combination thereof, shall not constitute a defense against
9 any charge of violating this Section.
10 (c) Except as provided under paragraphs (c-3) and (d) of
11 this Section, every person convicted of violating this
12 Section or a similar provision of a local ordinance, shall be
13 guilty of a Class A misdemeanor and, in addition to any other
14 criminal or administrative action, for any second conviction
15 of violating this Section or a similar provision of a law of
16 another state or local ordinance committed within 5 years of
17 a previous violation of this Section or a similar provision
18 of a local ordinance shall be mandatorily sentenced to a
19 minimum of 48 consecutive hours of imprisonment or assigned
20 to a minimum of 100 hours of community service as may be
21 determined by the court. Every person convicted of violating
22 this Section or a similar provision of a local ordinance
23 shall be subject to a mandatory minimum fine of $500 and a
24 mandatory 5 days of community service in a program benefiting
25 children if the person committed a violation of paragraph (a)
26 or a similar provision of a local ordinance while
27 transporting a person under age 16. Every person convicted a
28 second time for violating this Section or a similar provision
29 of a local ordinance within 5 years of a previous violation
30 of this Section or a similar provision of a law of another
31 state or local ordinance shall be subject to a mandatory
32 minimum fine of $500 and 10 days of mandatory community
33 service in a program benefiting children if the current
34 offense was committed while transporting a person under age
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1 16. The imprisonment or assignment under this subsection
2 shall not be subject to suspension nor shall the person be
3 eligible for probation in order to reduce the sentence or
4 assignment.
5 (c-1) (1) A person who violates this Section during a
6 period in which his or her driving privileges are revoked
7 or suspended, where the revocation or suspension was for
8 a violation of this Section, Section 11-501.1, paragraph
9 (b) of Section 11-401, or Section 9-3 of the Criminal
10 Code of 1961 is guilty of a Class 4 felony.
11 (2) A person who violates this Section a third time
12 during a period in which his or her driving privileges
13 are revoked or suspended where the revocation or
14 suspension was for a violation of this Section, Section
15 11-501.1, paragraph (b) of Section 11-401, or Section 9-3
16 of the Criminal Code of 1961 is guilty of a Class 3
17 felony.
18 (3) A person who violates this Section a fourth or
19 subsequent time during a period in which his or her
20 driving privileges are revoked or suspended where the
21 revocation or suspension was for a violation of this
22 Section, Section 11-501.1, paragraph (b) of Section
23 11-401, or Section 9-3 of the Criminal Code of 1961 is
24 guilty of a Class 2 felony.
25 (c-2) (Blank).
26 (c-3) Every person convicted of violating this Section
27 or a similar provision of a local ordinance who had a child
28 under age 16 in the vehicle at the time of the offense shall
29 have his or her punishment under this Act enhanced by 2 days
30 of imprisonment for a first offense, 10 days of imprisonment
31 for a second offense, 30 days of imprisonment for a third
32 offense, and 90 days of imprisonment for a fourth or
33 subsequent offense, in addition to the fine and community
34 service required under subsection (c) and the possible
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1 imprisonment required under subsection (d). The imprisonment
2 or assignment under this subsection shall not be subject to
3 suspension nor shall the person be eligible for probation in
4 order to reduce the sentence or assignment.
5 (d) (1) Every person convicted of committing a violation
6 of this Section shall be guilty of aggravated driving under
7 the influence of alcohol, other drug or drugs, or
8 intoxicating compound or compounds, or any combination
9 thereof if:
10 (A) the person committed a violation of this
11 Section, or a similar provision of a law of another state
12 or a local ordinance when the cause of action is the same
13 as or substantially similar to this Section, for the
14 third or subsequent time;
15 (B) the person committed a violation of paragraph
16 (a) while driving a school bus with children on board;
17 (C) the person in committing a violation of
18 paragraph (a) was involved in a motor vehicle accident
19 that resulted in great bodily harm or permanent
20 disability or disfigurement to another, when the
21 violation was a proximate cause of the injuries; or
22 (D) the person committed a violation of paragraph
23 (a) for a second time and has been previously convicted
24 of violating Section 9-3 of the Criminal Code of 1961
25 relating to reckless homicide in which the person was
26 determined to have been under the influence of alcohol,
27 other drug or drugs, or intoxicating compound or
28 compounds as an element of the offense or the person has
29 previously been convicted under subparagraph (C) of this
30 paragraph (1).
31 (2) Aggravated driving under the influence of alcohol,
32 other drug or drugs, or intoxicating compound or compounds,
33 or any combination thereof is a Class 4 felony for which a
34 person, if sentenced to a term of imprisonment, shall be
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1 sentenced to not less than one year and not more than 3 years
2 for a violation of subparagraph (A), (B) or (D) of paragraph
3 (1) of this subsection (d) and not less than one year and not
4 more than 12 years for a violation of subparagraph (C) of
5 paragraph (1) of this subsection (d). For any prosecution
6 under this subsection (d), a certified copy of the driving
7 abstract of the defendant shall be admitted as proof of any
8 prior conviction.
9 (e) After a finding of guilt and prior to any final
10 sentencing, or an order for supervision, for an offense based
11 upon an arrest for a violation of this Section or a similar
12 provision of a local ordinance, individuals shall be required
13 to undergo a professional evaluation to determine if an
14 alcohol, drug, or intoxicating compound abuse problem exists
15 and the extent of the problem. Programs conducting these
16 evaluations shall be licensed by the Department of Human
17 Services. The cost of any professional evaluation shall be
18 paid for by the individual required to undergo the
19 professional evaluation.
20 (f) Every person found guilty of violating this Section,
21 whose operation of a motor vehicle while in violation of this
22 Section proximately caused any incident resulting in an
23 appropriate emergency response, shall be liable for the
24 expense of an emergency response as provided under Section
25 5-5-3 of the Unified Code of Corrections.
26 (g) The Secretary of State shall revoke the driving
27 privileges of any person convicted under this Section or a
28 similar provision of a local ordinance.
29 (h) Every person sentenced under subsection (d) of this
30 Section and who receives a term of probation or conditional
31 discharge shall be required to serve a minimum term of either
32 30 days community service or, beginning July 1, 1993, 48
33 consecutive hours of imprisonment as a condition of the
34 probation or conditional discharge. This mandatory minimum
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1 term of imprisonment or assignment of community service shall
2 not be suspended and shall not be subject to reduction by the
3 court.
4 (i) The Secretary of State may use ignition interlock
5 device requirements when granting driving relief to
6 individuals who have been arrested for a second or subsequent
7 offense of this Section or a similar provision of a local
8 ordinance. The Secretary shall establish by rule and
9 regulation the procedures for use of the interlock system.
10 (Source: P.A. 89-8, eff. 3-21-95; 89-156, eff. 1-1-96;
11 89-203, eff. 7-21-95; 89-507, eff. 7-1-97; 89-626, eff.
12 8-9-96; 90-43, eff. 7-2-97; 90-400, eff. 8-15-97; 90-611,
13 eff. 1-1-99; 90-655, eff. 7-30-98; 90-738, eff. 1-1-99;
14 90-779, eff. 1-1-99; revised 9-16-98.)
15 (625 ILCS 5/11-501.1) (from Ch. 95 1/2, par. 11-501.1)
16 Sec. 11-501.1. Suspension of drivers license; statutory
17 summary alcohol, other drug or drugs, or intoxicating
18 compound or compounds related suspension; implied consent.
19 (a) Any person who drives or is in actual physical
20 control of a motor vehicle upon the public highways of this
21 State shall be deemed to have given consent, subject to the
22 provisions of Section 11-501.2, to a chemical test or tests
23 of blood, breath, or urine for the purpose of determining the
24 content of alcohol, other drug or drugs, or intoxicating
25 compound or compounds or any combination thereof in the
26 person's blood if arrested, as evidenced by the issuance of a
27 Uniform Traffic Ticket, for any offense as defined in Section
28 11-501 or a similar provision of a local ordinance. The test
29 or tests shall be administered at the direction of the
30 arresting officer. The law enforcement agency employing the
31 officer shall designate which of the aforesaid tests shall be
32 administered. A urine test may be administered even after a
33 blood or breath test or both has been administered. For
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1 purposes of this Section, an Illinois law enforcement officer
2 of this State who is investigating the person for any offense
3 defined in Section 11-501 may travel into an adjoining state,
4 where the person has been transported for medical care, to
5 complete an investigation and to request that the person
6 submit to the test or tests set forth in this Section. The
7 requirements of this Section that the person be arrested are
8 inapplicable, but the officer shall issue the person a
9 Uniform Traffic Ticket for an offense as defined in Section
10 11-501 or a similar provision of a local ordinance prior to
11 requesting that the person submit to the test or tests. The
12 issuance of the Uniform Traffic Ticket shall not constitute
13 an arrest, but shall be for the purpose of notifying the
14 person that he or she is subject to the provisions of this
15 Section and of the officer's belief of the existence of
16 probable cause to arrest. Upon returning to this State, the
17 officer shall file the Uniform Traffic Ticket with the
18 Circuit Clerk of the county where the offense was committed,
19 and shall seek the issuance of an arrest warrant or a summons
20 for the person.
21 (b) Any person who is dead, unconscious, or who is
22 otherwise in a condition rendering the person incapable of
23 refusal, shall be deemed not to have withdrawn the consent
24 provided by paragraph (a) of this Section and the test or
25 tests may be administered, subject to the provisions of
26 Section 11-501.2.
27 (c) A person requested to submit to a test as provided
28 above shall be warned by the law enforcement officer
29 requesting the test that a refusal to submit to the test will
30 result in the statutory summary suspension of the person's
31 privilege to operate a motor vehicle as provided in Section
32 6-208.1 of this Code. The person shall also be warned by the
33 law enforcement officer that if the person submits to the
34 test or tests provided in paragraph (a) of this Section and
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1 the alcohol concentration in the person's blood or breath is
2 0.08 or greater, or any amount of a drug, substance, or
3 compound resulting from the unlawful use or consumption of
4 cannabis as covered by the Cannabis Control Act, a controlled
5 substance listed in the Illinois Controlled Substances Act,
6 or an intoxicating compound listed in the Use of Intoxicating
7 Compounds Act is detected in the person's blood or urine, a
8 statutory summary suspension of the person's privilege to
9 operate a motor vehicle, as provided in Sections 6-208.1 and
10 11-501.1 of this Code, will, be imposed.
11 A person who is under the age of 21 at the time the
12 person is requested to submit to a test as provided above
13 shall, in addition to the warnings provided for in this
14 Section, be further warned by the law enforcement officer
15 requesting the test that if the person submits to the test or
16 tests provided in paragraph (a) of this Section and the
17 alcohol concentration in the person's blood or breath is
18 greater than 0.00 and less than 0.08, a suspension of the
19 person's privilege to operate a motor vehicle, as provided
20 under Sections 6-208.2 and 11-501.8 of this Code, will be
21 imposed. The results of this test shall be admissible in a
22 civil or criminal action or proceeding arising from an arrest
23 for an offense as defined in Section 11-501 of this Code or a
24 similar provision of a local ordinance or pursuant to Section
25 11-501.4 in prosecutions for reckless homicide brought under
26 the Criminal Code of 1961. These test results, however, shall
27 be admissible only in actions or proceedings directly related
28 to the incident upon which the test request was made.
29 (d) If the person refuses testing or submits to a test
30 that discloses an alcohol concentration of 0.08 or more, or
31 any amount of a drug, substance, or intoxicating compound in
32 the person's breath, blood, or urine resulting from the
33 unlawful use or consumption of cannabis listed in the
34 Cannabis Control Act, a controlled substance listed in the
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1 Illinois Controlled Substances Act, or an intoxicating
2 compound listed in the Use of Intoxicating Compounds Act, the
3 law enforcement officer shall immediately submit a sworn
4 report to the circuit court of venue and the Secretary of
5 State, certifying that the test or tests was or were
6 requested under paragraph (a) and the person refused to
7 submit to a test, or tests, or submitted to testing that
8 disclosed an alcohol concentration of 0.08 or more.
9 (e) Upon receipt of the sworn report of a law
10 enforcement officer submitted under paragraph (d), the
11 Secretary of State shall enter the statutory summary
12 suspension for the periods specified in Section 6-208.1, and
13 effective as provided in paragraph (g).
14 If the person is a first offender as defined in Section
15 11-500 of this Code, and is not convicted of a violation of
16 Section 11-501 of this Code or a similar provision of a local
17 ordinance, then reports received by the Secretary of State
18 under this Section shall, except during the actual time the
19 Statutory Summary Suspension is in effect, be privileged
20 information and for use only by the courts, police officers,
21 prosecuting authorities or the Secretary of State.
22 (f) The law enforcement officer submitting the sworn
23 report under paragraph (d) shall serve immediate notice of
24 the statutory summary suspension on the person and the
25 suspension shall be effective as provided in paragraph (g).
26 In cases where the blood alcohol concentration of 0.08 or
27 greater or any amount of a drug, substance, or compound
28 resulting from the unlawful use or consumption of cannabis as
29 covered by the Cannabis Control Act, a controlled substance
30 listed in the Illinois Controlled Substances Act, or an
31 intoxicating compound listed in the Use of Intoxicating
32 Compounds Act is established by a subsequent analysis of
33 blood or urine collected at the time of arrest, the arresting
34 officer or arresting agency shall give notice as provided in
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1 this Section or by deposit in the United States mail of the
2 notice in an envelope with postage prepaid and addressed to
3 the person at his address as shown on the Uniform Traffic
4 Ticket and the statutory summary suspension shall begin as
5 provided in paragraph (g). The officer shall confiscate any
6 Illinois driver's license or permit on the person at the time
7 of arrest. If the person has a valid driver's license or
8 permit, the officer shall issue the person a receipt, in a
9 form prescribed by the Secretary of State, that will allow
10 that person to drive during the periods provided for in
11 paragraph (g). The officer shall immediately forward the
12 driver's license or permit to the circuit court of venue
13 along with the sworn report provided for in paragraph (d).
14 (g) The statutory summary suspension referred to in this
15 Section shall take effect on the 46th day following the date
16 the notice of the statutory summary suspension was given to
17 the person.
18 (h) The following procedure shall apply whenever a
19 person is arrested for any offense as defined in Section
20 11-501 or a similar provision of a local ordinance:
21 Upon receipt of the sworn report from the law enforcement
22 officer, the Secretary of State shall confirm the statutory
23 summary suspension by mailing a notice of the effective date
24 of the suspension to the person and the court of venue.
25 However, should the sworn report be defective by not
26 containing sufficient information or be completed in error,
27 the confirmation of the statutory summary suspension shall
28 not be mailed to the person or entered to the record;,
29 instead, the sworn report shall be forwarded to the court of
30 venue with a copy returned to the issuing agency identifying
31 any defect.
32 (Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99;
33 revised 10-31-98.)
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1 (625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6)
2 Sec. 11-501.6. Driver involvement in personal injury or
3 fatal motor vehicle accident - chemical test.
4 (a) Any person who drives or is in actual control of a
5 motor vehicle upon the public highways of this State and who
6 has been involved in a personal injury or fatal motor vehicle
7 accident, shall be deemed to have given consent to a breath
8 test using a portable device as approved by the Department of
9 Public Health or to a chemical test or tests of blood,
10 breath, or urine for the purpose of determining the content
11 of alcohol, other drug or drugs, or intoxicating compound or
12 compounds of such person's blood if arrested as evidenced by
13 the issuance of a Uniform Traffic Ticket for any violation of
14 the Illinois Vehicle Code or a similar provision of a local
15 ordinance, with the exception of equipment violations
16 contained in Chapter 12 of this Code, or similar provisions
17 of local ordinances. The test or tests shall be administered
18 at the direction of the arresting officer. The law
19 enforcement agency employing the officer shall designate
20 which of the aforesaid tests shall be administered. A urine
21 test may be administered even after a blood or breath test or
22 both has been administered. Compliance with this Section
23 does not relieve such person from the requirements of Section
24 11-501.1 of this Code.
25 (b) Any person who is dead, unconscious or who is
26 otherwise in a condition rendering such person incapable of
27 refusal shall be deemed not to have withdrawn the consent
28 provided by subsection (a) of this Section. In addition, if
29 a driver of a vehicle is receiving medical treatment as a
30 result of a motor vehicle accident, any physician licensed to
31 practice medicine, registered nurse or a phlebotomist acting
32 under the direction of a licensed physician shall withdraw
33 blood for testing purposes to ascertain the presence of
34 alcohol, other drug or drugs, or intoxicating compound or
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1 compounds, upon the specific request of a law enforcement
2 officer. However, no such testing shall be performed until,
3 in the opinion of the medical personnel on scene, the
4 withdrawal can be made without interfering with or
5 endangering the well-being of the patient.
6 (c) A person requested to submit to a test as provided
7 above shall be warned by the law enforcement officer
8 requesting the test that a refusal to submit to the test, or
9 submission to the test resulting in an alcohol concentration
10 of 0.08 or more, or any amount of a drug, substance, or
11 intoxicating compound resulting from the unlawful use or
12 consumption of cannabis, as covered by the Cannabis Control
13 Act, a controlled substance listed in the Illinois Controlled
14 Substances Act, or an intoxicating compound listed in the Use
15 of Intoxicating Compounds Act as detected in such person's
16 blood or urine, may result in the suspension of such person's
17 privilege to operate a motor vehicle. The length of the
18 suspension shall be the same as outlined in Section 6-208.1
19 of this Code regarding statutory summary suspensions.
20 (d) If the person refuses testing or submits to a test
21 which discloses an alcohol concentration of 0.08 or more, or
22 any amount of a drug, substance, or intoxicating compound in
23 such person's blood or urine resulting from the unlawful use
24 or consumption of cannabis listed in the Cannabis Control
25 Act, a controlled substance listed in the Illinois Controlled
26 Substances Act, or an intoxicating compound listed in the Use
27 of Intoxicating Compounds Act, the law enforcement officer
28 shall immediately submit a sworn report to the Secretary of
29 State on a form prescribed by the Secretary, certifying that
30 the test or tests were requested pursuant to subsection (a)
31 and the person refused to submit to a test or tests or
32 submitted to testing which disclosed an alcohol concentration
33 of 0.08 or more, or any amount of a drug, substance, or
34 intoxicating compound in such person's blood or urine,
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1 resulting from the unlawful use or consumption of cannabis
2 listed in the Cannabis Control Act, a controlled substance
3 listed in the Illinois Controlled Substances Act, or an
4 intoxicating compound listed in the Use of Intoxicating
5 Compounds Act.
6 Upon receipt of the sworn report of a law enforcement
7 officer, the Secretary shall enter the suspension to the
8 individual's driving record and the suspension shall be
9 effective on the 46th day following the date notice of the
10 suspension was given to the person.
11 The law enforcement officer submitting the sworn report
12 shall serve immediate notice of this suspension on the person
13 and such suspension shall be effective on the 46th day
14 following the date notice was given.
15 In The cases where the blood alcohol concentration of
16 0.08 or more, or any amount of a drug, substance, or
17 intoxicating compound resulting from the unlawful use or
18 consumption of cannabis as listed in the Cannabis Control
19 Act, a controlled substance listed in the Illinois Controlled
20 Substances Act, or an intoxicating compound listed in the Use
21 of Intoxicating Compounds Act, is established by a subsequent
22 analysis of blood or urine collected at the time of arrest,
23 the arresting officer shall give notice as provided in this
24 Section or by deposit in the United States mail of such
25 notice in an envelope with postage prepaid and addressed to
26 such person at his address as shown on the Uniform Traffic
27 Ticket and the suspension shall be effective on the 46th day
28 following the date notice was given.
29 Upon receipt of the sworn report of a law enforcement
30 officer, the Secretary shall also give notice of the
31 suspension to the driver by mailing a notice of the effective
32 date of the suspension to the individual. However, should
33 the sworn report be defective by not containing sufficient
34 information or be completed in error, the notice of the
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1 suspension shall not be mailed to the person or entered to
2 the driving record, but rather the sworn report shall be
3 returned to the issuing law enforcement agency.
4 (e) A driver may contest this suspension of his driving
5 privileges by requesting an administrative hearing with the
6 Secretary in accordance with Section 2-118 of this Code. At
7 the conclusion of a hearing held under Section 2-118 of this
8 Code, the Secretary may rescind, continue, or modify the
9 order of suspension. If the Secretary does not rescind the
10 order, a restricted driving permit may be granted by the
11 Secretary upon application being made and good cause shown.
12 A restricted driving permit may be granted to relieve undue
13 hardship to allow driving for employment, educational, and
14 medical purposes as outlined in Section 6-206 of this Code.
15 The provisions of Section 6-206 of this Code shall apply.
16 (f) (Blank).
17 (g) For the purposes of this Section, a personal injury
18 shall include any type A injury as indicated on the traffic
19 accident report completed by a law enforcement officer that
20 requires immediate professional attention in either a
21 doctor's office or a medical facility. A type A injury shall
22 include severely bleeding wounds, distorted extremities, and
23 injuries that require the injured party to be carried from
24 the scene.
25 (Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99;
26 revised 10-31-98.)
27 (625 ILCS 5/11-501.8)
28 Sec. 11-501.8. Suspension of driver's license; persons
29 under age 21.
30 (a) A person who is less than 21 years of age and who
31 drives or is in actual physical control of a motor vehicle
32 upon the public highways of this State shall be deemed to
33 have given consent to a chemical test or tests of blood,
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1 breath, or urine for the purpose of determining the alcohol
2 content of the person's blood if arrested, as evidenced by
3 the issuance of a Uniform Traffic Ticket for any violation of
4 the Illinois Vehicle Code or a similar provision of a local
5 ordinance, if a police officer has probable cause to believe
6 that the driver has consumed any amount of an alcoholic
7 beverage based upon evidence of the driver's physical
8 condition or other first hand knowledge of the police
9 officer. The test or tests shall be administered at the
10 direction of the arresting officer. The law enforcement
11 agency employing the officer shall designate which of the
12 aforesaid tests shall be administered. A urine test may be
13 administered even after a blood or breath test or both has
14 been administered.
15 (b) A person who is dead, unconscious, or who is
16 otherwise in a condition rendering that person incapable of
17 refusal, shall be deemed not to have withdrawn the consent
18 provided by paragraph (a) of this Section and the test or
19 tests may be administered subject to the following
20 provisions:
21 (i) Chemical analysis of the person's blood, urine,
22 breath, or other bodily substance, to be considered valid
23 under the provisions of this Section, shall have been
24 performed according to standards promulgated by the
25 Department of Public Health in consultation with the
26 Department of State Police by an individual possessing a
27 valid permit issued by that Department for this purpose.
28 The Director of the Department of Public Health, in
29 consultation with the Department of State Police, is
30 authorized to approve satisfactory techniques or methods,
31 to ascertain the qualifications and competence of
32 individuals to conduct analyses, to issue permits that
33 shall be subject to termination or revocation at the
34 direction of that Department, and to certify the accuracy
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1 of breath testing equipment. The Illinois Department of
2 Public Health shall prescribe regulations as necessary.
3 (ii) When a person submits to a blood test at the
4 request of a law enforcement officer under the provisions
5 of this Section, only a physician authorized to practice
6 medicine, a registered nurse, or other qualified person
7 trained in venipuncture and acting under the direction of
8 a licensed physician may withdraw blood for the purpose
9 of determining the alcohol content therein. This
10 limitation does not apply to the taking of breath or
11 urine specimens.
12 (iii) The person tested may have a physician,
13 qualified technician, chemist, registered nurse, or other
14 qualified person of his or her own choosing administer a
15 chemical test or tests in addition to any test or tests
16 administered at the direction of a law enforcement
17 officer. The failure or inability to obtain an
18 additional test by a person shall not preclude the
19 consideration of the previously performed chemical test.
20 (iv) Upon a request of the person who submits to a
21 chemical test or tests at the request of a law
22 enforcement officer, full information concerning the test
23 or tests shall be made available to the person or that
24 person's attorney.
25 (v) Alcohol concentration means either grams of
26 alcohol per 100 milliliters of blood or grams of alcohol
27 per 210 liters of breath.
28 (vi) If a driver is receiving medical treatment as
29 a result of a motor vehicle accident, a physician
30 licensed to practice medicine, registered nurse, or other
31 qualified person trained in venipuncture and acting under
32 the direction of a licensed physician shall withdraw
33 blood for testing purposes to ascertain the presence of
34 alcohol upon the specific request of a law enforcement
-1228- LRB9101253EGfg
1 officer. However, that testing shall not be performed
2 until, in the opinion of the medical personnel on scene,
3 the withdrawal can be made without interfering with or
4 endangering the well-being of the patient.
5 (c) A person requested to submit to a test as provided
6 above shall be warned by the law enforcement officer
7 requesting the test that a refusal to submit to the test, or
8 submission to the test resulting in an alcohol concentration
9 of more than 0.00, may result in the loss of that person's
10 privilege to operate a motor vehicle. The loss of driving
11 privileges shall be imposed in accordance with Section
12 6-208.2 of this Code.
13 (d) If the person refuses testing or submits to a test
14 that discloses an alcohol concentration of more than 0.00,
15 the law enforcement officer shall immediately submit a sworn
16 report to the Secretary of State on a form prescribed by the
17 Secretary of State, certifying that the test or tests were
18 requested under subsection (a) and the person refused to
19 submit to a test or tests or submitted to testing which
20 disclosed an alcohol concentration of more than 0.00. The
21 law enforcement officer shall submit the same sworn report
22 when a person under the age of 21 submits to testing under
23 Section 11-501.1 of this Code and the testing discloses an
24 alcohol concentration of more than 0.00 and less than 0.08.
25 Upon receipt of the sworn report of a law enforcement
26 officer, the Secretary of State shall enter the driver's
27 license sanction on the individual's driving record and the
28 sanctions shall be effective on the 46th day following the
29 date notice of the sanction was given to the person. If this
30 sanction is the individual's first driver's license
31 suspension under this Section, reports received by the
32 Secretary of State under this Section shall, except during
33 the time the suspension is in effect, be privileged
34 information and for use only by the courts, police officers,
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1 prosecuting authorities, the Secretary of State, or the
2 individual personally.
3 The law enforcement officer submitting the sworn report
4 shall serve immediate notice of this driver's license
5 sanction on the person and the sanction shall be effective on
6 the 46th day following the date notice was given.
7 In cases where the blood alcohol concentration of more
8 than 0.00 is established by a subsequent analysis of blood or
9 urine, the police officer or arresting agency shall give
10 notice as provided in this Section or by deposit in the
11 United States mail of that notice in an envelope with postage
12 prepaid and addressed to that person at his last known
13 address and the loss of driving privileges shall be effective
14 on the 46th day following the date notice was given.
15 Upon receipt of the sworn report of a law enforcement
16 officer, the Secretary of State shall also give notice of the
17 driver's license sanction to the driver by mailing a notice
18 of the effective date of the sanction to the individual.
19 However, should the sworn report be defective by not
20 containing sufficient information or be completed in error,
21 the notice of the driver's license sanction may not be mailed
22 to the person or entered to the driving record, but rather
23 the sworn report shall be returned to the issuing law
24 enforcement agency.
25 (e) A driver may contest this driver's license sanction
26 by requesting an administrative hearing with the Secretary of
27 State in accordance with Section 2-118 of this Code. An
28 individual whose blood alcohol concentration is shown to be
29 more than 0.00 is not subject to this Section if he or she
30 consumed alcohol in the performance of a religious service or
31 ceremony. An individual whose blood alcohol concentration is
32 shown to be more than 0.00 shall not be subject to this
33 Section if the individual's blood alcohol concentration
34 resulted only from ingestion of the prescribed or recommended
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1 dosage of medicine that contained alcohol. The petition for
2 that hearing shall not stay or delay the effective date of
3 the impending suspension. The scope of this hearing shall be
4 limited to the issues of:
5 (1) whether the police officer had probable cause
6 to believe that the person was driving or in actual
7 physical control of a motor vehicle upon the public
8 highways of the State and the police officer had reason
9 to believe that the person was in violation of any
10 provision of the Illinois Vehicle Code or a similar
11 provision of a local ordinance; and
12 (2) whether the person was issued a Uniform Traffic
13 Ticket for any violation of the Illinois Vehicle Code or
14 a similar provision of a local ordinance; and
15 (3) whether the police officer had probable cause
16 to believe that the driver had consumed any amount of an
17 alcoholic beverage based upon the driver's physical
18 actions or other first-hand knowledge of the police
19 officer; and
20 (4) whether the person, after being advised by the
21 officer that the privilege to operate a motor vehicle
22 would be suspended if the person refused to submit to and
23 complete the test or tests, did refuse to submit to or
24 complete the test or tests to determine the person's
25 alcohol concentration; and or
26 (5) whether the person, after being advised by the
27 officer that the privileges to operate a motor vehicle
28 would be suspended if the person submits to a chemical
29 test or tests and the test or tests disclose an alcohol
30 concentration of more than 0.00, and the person did
31 submit to and complete the test or tests that determined
32 an alcohol concentration of more than 0.00; and
33 (6) whether the test result of an alcohol
34 concentration of more than 0.00 was based upon the
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1 person's consumption of alcohol in the performance of a
2 religious service or ceremony; and or
3 (7) whether the test result of an alcohol
4 concentration of more than 0.00 was based upon the
5 person's consumption of alcohol through ingestion of the
6 prescribed or recommended dosage of medicine.
7 Provided that the petitioner may subpoena the officer,
8 the hearing may be conducted upon a review of the law
9 enforcement officer's own official reports. Failure of the
10 officer to answer the subpoena shall be grounds for a
11 continuance if, in the hearing officer's discretion, the
12 continuance is appropriate. At the conclusion of the
13 hearing held under Section 2-118 of this Code, the Secretary
14 of State may rescind, continue, or modify the driver's
15 license sanction. If the Secretary of State does not rescind
16 the sanction, a restricted driving permit may be granted by
17 the Secretary of State upon application being made and good
18 cause shown. A restricted driving permit may be granted to
19 relieve undue hardship by allowing driving for employment,
20 educational, and medical purposes as outlined in item (3) of
21 part (c) of Section 6-206 of this Code. The provisions of
22 item (3) of part (c) of Section 6-206 of this Code shall
23 apply. The Secretary of State shall promulgate rules
24 providing for participation in an alcohol education and
25 awareness program or activity, a drug education and awareness
26 program or activity, or both as a condition to the issuance
27 of a restricted driving permit for suspensions imposed under
28 this Section.
29 (f) The results of any chemical testing performed in
30 accordance with subsection (a) of this Section are not
31 admissible in any civil or criminal proceeding, except that
32 the results of the testing may be considered at a hearing
33 held under Section 2-118 of this Code. However, the results
34 of the testing may not be used to impose driver's license
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1 sanctions under Section 11-501.1 of this Code. A law
2 enforcement officer may, however, pursue a statutory summary
3 suspension of driving privileges under Section 11-501.1 of
4 this Code if other physical evidence or first hand knowledge
5 forms the basis of that suspension.
6 (g) This Section applies only to drivers who are under
7 age 21 at the time of the issuance of a Uniform Traffic
8 Ticket for a violation of the Illinois Vehicle Code or a
9 similar provision of a local ordinance, and a chemical test
10 request is made under this Section.
11 (h) The action of the Secretary of State in suspending,
12 revoking, or denying any license, permit, registration, or
13 certificate of title shall be subject to judicial review in
14 the Circuit Court of Sangamon County or in the Circuit Court
15 of Cook County, and the provisions of the Administrative
16 Review Law and its rules are hereby adopted and shall apply
17 to and govern every action for the judicial review of final
18 acts or decisions of the Secretary of State under this
19 Section.
20 (Source: P.A. 90-43, eff. 7-2-97; revised 10-31-98.)
21 (625 ILCS 5/12-215) (from Ch. 95 1/2, par. 12-215)
22 Sec. 12-215. Oscillating, rotating or flashing lights on
23 motor vehicles. Except as otherwise provided in this Code:
24 (a) The use of red or white oscillating, rotating or
25 flashing lights, whether lighted or unlighted, is prohibited
26 except on:
27 1. Law enforcement vehicles of State, Federal or
28 local authorities;
29 2. A vehicle operated by a police officer or county
30 coroner and designated or authorized by local
31 authorities, in writing, as a law enforcement vehicle;
32 however, such designation or authorization must be
33 carried in the vehicle;
-1233- LRB9101253EGfg
1 3. Vehicles of local fire departments and State or
2 federal firefighting vehicles;
3 4. Vehicles which are designed and used exclusively
4 as ambulances or rescue vehicles; furthermore, such
5 lights shall not be lighted except when responding to an
6 emergency call for and while actually conveying the sick
7 or injured; and
8 5. Tow trucks licensed in a state that requires
9 such lights; furthermore, such lights shall not be
10 lighted on any such tow truck while the tow truck is
11 operating in the State of Illinois.
12 (b) The use of amber oscillating, rotating or flashing
13 lights, whether lighted or unlighted, is prohibited except
14 on:
15 1. Second division vehicles designed and used for
16 towing or hoisting vehicles; furthermore, such lights
17 shall not be lighted except as required in this paragraph
18 1; such lights shall be lighted when such vehicles are
19 actually being used at the scene of an accident or
20 disablement; if the towing vehicle is equipped with a
21 flat bed that supports all wheels of the vehicle being
22 transported, the lights shall not be lighted while the
23 vehicle is engaged in towing on a highway; if the towing
24 vehicle is not equipped with a flat bed that supports all
25 wheels of a vehicle being transported, the lights shall
26 be lighted while the towing vehicle is engaged in towing
27 on a highway during all times when the use of headlights
28 is required under Section 12-201 of this Code;
29 2. Motor vehicles or equipment of the State of
30 Illinois, local authorities and contractors; furthermore,
31 such lights shall not be lighted except while such
32 vehicles are engaged in maintenance or construction
33 operations within the limits of construction projects;
34 3. Vehicles or equipment used by engineering or
-1234- LRB9101253EGfg
1 survey crews; furthermore, such lights shall not be
2 lighted except while such vehicles are actually engaged
3 in work on a highway;
4 4. Vehicles of public utilities, municipalities, or
5 other construction, maintenance or automotive service
6 vehicles except that such lights shall be lighted only as
7 a means for indicating the presence of a vehicular
8 traffic hazard requiring unusual care in approaching,
9 overtaking or passing while such vehicles are engaged in
10 maintenance, service or construction on a highway;
11 5. Oversized vehicle or load; however, such lights
12 shall only be lighted when moving under permit issued by
13 the Department under Section 15-301 of this Code;
14 6. The front and rear of motorized equipment owned
15 and operated by the State of Illinois or any political
16 subdivision thereof, which is designed and used for
17 removal of snow and ice from highways;
18 7. Fleet safety vehicles registered in another
19 state, furthermore, such lights shall not be lighted
20 except as provided for in Section 12-212 of this Code;
21 8. Such other vehicles as may be authorized by
22 local authorities;
23 9. Law enforcement vehicles of State or local
24 authorities when used in combination with red
25 oscillating, rotating or flashing lights;
26 10. Vehicles used for collecting or delivering mail
27 for the United States Postal Service provided that such
28 lights shall not be lighted except when such vehicles are
29 actually being used for such purposes;
30 11. Any vehicle displaying a slow-moving vehicle
31 emblem as provided in Section 12-205.1;
32 12. All trucks equipped with self-compactors or
33 roll-off hoists and roll-on containers for garbage or
34 refuse hauling. Such lights shall not be lighted except
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1 when such vehicles are actually being used for such
2 purposes;
3 13. Vehicles used by a security company, alarm
4 responder, or control agency, if the security company,
5 alarm responder, or control agency is bound by a contract
6 with a federal, State, or local government entity to use
7 the lights; and
8 14. Security vehicles of the Department of Human
9 Services; however, the lights shall not be lighted except
10 when being used for security related purposes under the
11 direction of the superintendent of the facility where the
12 vehicle is located.
13 (c) The use of blue oscillating, rotating or flashing
14 lights, whether lighted or unlighted, is prohibited except on
15 :
16 1. Rescue squad vehicles not owned by a fire
17 department and On vehicles owned or fully operated by a:
18 voluntary firefighter;
19 paid firefighter;
20 part-paid firefighter;
21 call firefighter;
22 member of the board of trustees of a fire
23 protection district;
24 paid or unpaid member of a rescue squad; or
25 paid or unpaid member of a voluntary ambulance
26 unit.;
27 rescue squad vehicles not owned by a fire
28 department.
29 However, such lights are not to be lighted except
30 when responding to a bona fide emergency.
31 2. Police department vehicles in cities having a
32 population of 500,000 or more inhabitants.
33 3. Law enforcement vehicles of State or local
34 authorities when used in combination with red
-1236- LRB9101253EGfg
1 oscillating, rotating or flashing lights.
2 4. Vehicles of local fire departments and State or
3 federal firefighting vehicles when used in combination
4 with red oscillating, rotating or flashing lights.
5 5. Vehicles which are designed and used exclusively
6 as ambulances or rescue vehicles when used in combination
7 with red oscillating, rotating or flashing lights;
8 furthermore, such lights shall not be lighted except when
9 responding to an emergency call.
10 6. Vehicles that are equipped and used exclusively
11 as organ transport vehicles when used in combination with
12 red oscillating, rotating, or flashing lights;
13 furthermore, these lights shall only be lighted when the
14 transportation is declared an emergency by a member of
15 the transplant team or a representative of the organ
16 procurement organization.
17 (d) The use of a combination of amber and white
18 oscillating, rotating or flashing lights, whether lighted or
19 unlighted, is prohibited, except motor vehicles or equipment
20 of the State of Illinois, local authorities and contractors
21 may be so equipped; furthermore, such lights shall not be
22 lighted except while such vehicles are engaged in highway
23 maintenance or construction operations within the limits of
24 highway construction projects.
25 (e) All oscillating, rotating or flashing lights
26 referred to in this Section shall be of sufficient intensity,
27 when illuminated, to be visible at 500 feet in normal
28 sunlight.
29 (f) Nothing in this Section shall prohibit a
30 manufacturer of oscillating, rotating or flashing lights or
31 his representative from temporarily mounting such lights on a
32 vehicle for demonstration purposes only.
33 (g) Any person violating the provisions of subsections
34 (a), (b), (c) or (d) of this Section who without lawful
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1 authority stops or detains or attempts to stop or detain
2 another person shall be guilty of a Class 4 felony.
3 (h) Except as provided in subsection (g) above, any
4 person violating the provisions of subsections (a) or (c) of
5 this Section shall be guilty of a Class A misdemeanor.
6 (Source: P.A. 89-433, eff. 12-15-95; 89-507, eff. 7-1-97;
7 90-330, eff. 8-8-97; 90-347, eff. 1-1-98; 90-655, eff.
8 7-30-98; revised 10-31-98.)
9 (625 ILCS 5/15-302) (from Ch. 95 1/2, par. 15-302)
10 Sec. 15-302. Fees for special permits. The Department
11 with respect to highways under its jurisdiction shall collect
12 a fee from the applicant for the issuance of a permit to
13 operate or move a vehicle or combination of vehicles or load
14 as authorized in Section 15-301. The charge for each permit
15 shall consist of:;
16 1. a service charge for special handling of a
17 permit when requested by an applicant;
18 2. fees for any dimension, axle weight or gross
19 weight in excess of the maximum size or weight specified
20 in this Chapter; and
21 3. additional fees for special investigations as in
22 Section 15-311 and special police escort as in Section
23 15-312 when required.
24 With respect to overweight fees, the charge shall be
25 sufficient to compensate in part for the cost of the extra
26 wear and tear on the mileage of highways over which the load
27 is to be moved. With respect to over-dimension permits, the
28 fee shall be sufficient to compensate in part for the special
29 privilege of transporting oversize vehicle or vehicle
30 combination and load and to compensate in part for the
31 economic loss of operators of vehicles in regular operation
32 due to inconvenience occasioned by the oversize movements.
33 Fees to be paid by the applicant are to be at the rates
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1 specified in this Chapter. In determining the fees in Section
2 15-306 and paragraph (f) of Section 15-307, all weights shall
3 be to the next highest 1,000 pounds and all distances shall
4 be determined from the Illinois Official Highway Map.
5 For repeated moves of like objects which cannot be
6 dismantled or disassembled and which are monolithically
7 structured for permanent use in the transported form, the
8 fees specified in Sections 15-305, 15-306 and 15-307 for
9 other than the first move shall be reduced by $4 provided the
10 objects are to be moved from the same origin to the same
11 destination, the number of trips will not be less than 5, the
12 trips will be completed within 30 days, and all applications
13 are submitted at one time. Round trip permits shall be the
14 same as a single trip permit except the fee shall be computed
15 based upon the total distance traveled, and shall be for the
16 same vehicle, vehicle combination or like load traveling both
17 directions over the same route, provided a description
18 including make and model of the equipment being transported
19 is furnished to the Department, except that a vehicle
20 combination registered by the Department as provided in
21 Section 15-319 may be one of the same class. Limited
22 continuous operation permits are to be valid for a period of
23 90 days or one year, and shall be for the same vehicle,
24 vehicle combination or like load.
25 (Source: P.A. 89-219, eff. 1-1-96; revised 10-31-98.)
26 (625 ILCS 5/16-104) (from Ch. 95 1/2, par. 16-104)
27 Sec. 16-104. Penalties for misdemeanor. (a) Every person
28 convicted of a violation of any provision of this Code Act
29 for which another penalty is not provided shall, for a first
30 or second conviction thereof, be guilty of a petty offense ;
31 and, for a third or subsequent conviction within one year
32 after the first conviction, such person shall be guilty of a
33 Class C misdemeanor.
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1 (Source: P.A. 80-911; revised 10-31-98.)
2 (625 ILCS 5/18a-501) (from Ch. 95 1/2, par. 18a-501)
3 Sec. 18a-501. Liens against relocated vehicles.
4 Unauthorized vehicles removed and stored by a commercial
5 vehicle relocator in compliance with this Chapter shall be
6 subject to a possessory lien for services pursuant to the
7 Labor and Storage Lien (Small Amount) Act "An Act concerning
8 liens for labor, services, skill or materials furnished upon
9 or storage furnished for chattels", and the provisions of
10 Section 1 of that Act relating to notice and implied consent
11 shall be deemed satisfied by compliance with Section 18a-302
12 and item (10) subsection (6) of Section 18a-300. In no event
13 shall such lien be greater than the rate or rates established
14 in accordance with item (6) of Section 18a-200 18a-200(3).
15 In no event shall such lien be increased or altered to
16 reflect any charge for services or materials rendered in
17 addition to those authorized by this Act. Every such lien
18 shall be payable by use of any major credit card, in addition
19 to being payable in cash. Upon receipt of a properly signed
20 credit card receipt, a relocator shall become a holder in due
21 course, and neither the holder of the credit card nor the
22 company which issued the credit card may thereafter refuse to
23 remit payment in the amount shown on the credit card receipt
24 minus the ordinary charge assessed by the credit card company
25 for processing the charge. The Commission may adopt
26 regulations governing acceptance of credit cards by a
27 relocator.
28 (Source: P.A. 85-923; revised 10-31-98.)
29 (625 ILCS 5/18c-1102) (from Ch. 95 1/2, par. 18c-1102)
30 Sec. 18c-1102. Legislative Intent. The General Assembly
31 finds that:
32 (a) a comprehensive recodification of existing
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1 transportation regulatory statutes is needed to delete
2 obsolete provisions and facilitate a coordinated approach
3 to regulation of motor carriers, rail carriers, and
4 brokers;
5 (b) the accelerating pace of change in the
6 transportation industry, as an outgrowth of changing
7 economic conditions and federal legislation, necessitates
8 the streamlining of regulatory procedures to allow for
9 prompt action to protect the interests of the people of
10 the State of Illinois; and
11 (c) an increasing incidence of unlawful activity by
12 unlicensed carriers and others has rendered existing
13 enforcement mechanisms inadequate.; and
14 (d) Where the language of any provision in this Chapter
15 is substantially similar to the language in the predecessor
16 statute, the legislative intent expressed in this Chapter
17 shall be the same as the legislative intent embodied in the
18 predecessor statute as construed by the courts of this State
19 and, where appropriate, reports of the Illinois Motor Vehicle
20 Laws Commission.
21 (Source: P.A. 89-42, eff. 1-1-96; revised 10-31-98.)
22 (625 ILCS 5/18c-1205) (from Ch. 95 1/2, par. 18c-1205)
23 Sec. 18c-1205. Qualifications of Transportation
24 Compliance Program Staff.
25 (1) General provisions. The manager of the
26 Transportation Division shall establish and adhere to written
27 professional standards and procedures for the employment,
28 education and training, performance and dismissal of all
29 nonclerical compliance program personnel. Such standards and
30 procedures shall include:
31 (a) Merit standards and procedures, and education
32 requirements, applicable to State troopers, and training
33 requirements at least equivalent to that received from a
-1241- LRB9101253EGfg
1 police training school approved by the Illinois Local
2 Governmental Law Enforcement Officers Training Standards
3 Board, together with such additional qualifications as
4 are needed under this Chapter, for all nonclerical field
5 operations personnel;
6 (b) Successful completion of an accredited
7 accounting or transportation-related education program,
8 or at least 4 years experience in motor carrier rate
9 analysis or auditing, plus such additional qualifications
10 as are needed under this Chapter, for all nonclerical
11 rate auditing personnel; and
12 (c) Successful completion of an accredited legal or
13 paralegal education program, or equivalent administrative
14 law experience, plus such additional qualifications as
15 are needed under this Chapter, for all nonclerical civil
16 penalties program personnel.
17 (2) Merit Selection Committee. Standards and procedures
18 under this Section for police shall include the establishment
19 of one or more merit selection committees, each composed of
20 one Commission employee and no fewer than 3, nor more than 5,
21 persons who are not employed by the Commission, each of whom
22 shall from time to time be designated by the division
23 manager, subject to the approval of the Commission. The
24 division manager shall submit a list of candidates to the
25 committee or subcommittee thereof for its consideration. The
26 committee or subcommittee thereof shall interview each
27 candidate on the list and rate those interviewed as "most
28 qualified", "qualified", or "not qualified". The committee
29 shall recommend candidates rated "most qualified" and
30 "qualified" to the division manager. In filling positions to
31 which this Section applies, the division manager shall first
32 offer the position to persons rated "most qualified". If all
33 persons rated "most qualified" have been offered the position
34 and each failed to accept the offer within the time specified
-1242- LRB9101253EGfg
1 by the division manager in the offer, the position may be
2 offered to a person rated "qualified". Only persons rated
3 "most qualified" or "qualified" shall be offered positions
4 within the Compliance Program.
5 (Source: P.A. 88-415; 89-444, eff. 1-25-96; revised 7-10-98.)
6 (625 ILCS 5/18c-1705) (from Ch. 95 1/2, par. 18c-1705)
7 Sec. 18c-1705. Expedited Enforcement Procedures. (1)
8 Expedited procedures. The Commission shall, within 60 days
9 from the effective date of this amendatory Act of 1987,
10 implement expedited administrative enforcement procedures.
11 (a) Initiation of Administrative Enforcement
12 Proceedings. The Transportation Division Manager or his
13 designee shall have the power to issue, or refuse to issue, a
14 notice or citation instituting an administrative enforcement
15 proceeding.
16 (b) Settlement of Enforcement Proceedings by
17 Stipulation.
18 (i) Power to Negotiate Settlements. The
19 Transportation Division Manager or his designee shall
20 have the power to negotiate and sign proposed settlements
21 of enforcement proceedings by written stipulation.
22 (ii) Review and Acceptance of Stipulations. The
23 Commission shall provide for any appropriate and
24 necessary review of proposed settlements within 30 days
25 after a stipulation is signed by the parties. Unless a
26 stipulation is suspended for review by order of the
27 Commission served within 30 calendar days after it was
28 signed by the parties, it shall be deemed accepted by
29 operation of law. A stipulation which has been suspended
30 for review shall likewise be deemed accepted by operation
31 of law unless it is rejected by order of the Commission
32 served within 45 days after it was suspended. A
33 stipulation which is deemed accepted under this
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1 sub-paragraph shall become effective and shall be
2 enforceable in the same manner as an order of the
3 Commission.
4 (iii) Administrative Appeal of Settlements.
5 Administrative appeal of a stipulation which has been
6 approved by order of the Commission or by operation of
7 law shall be by motion for rehearing or reconsideration
8 in accordance with Section 18c-2110 of this Chapter. The
9 right to administratively appeal a settlement may be
10 waived by written stipulation.
11 (Source: P.A. 86-1005; 86-1166; revised 10-31-98.)
12 (625 ILCS 5/18c-2402) (from Ch. 95 1/2, par. 18c-2402)
13 Sec. 18c-2402. Venue and Jurisdiction in Actions to
14 Enforce this Chapter.
15 (1) Venue.
16 (a) Venue in Suits for Criminal Misdemeanor Penalties.
17 Actions in which criminal misdemeanor penalties are sought
18 may be brought in the county where any part of the subject
19 matter is located, or part of the violation(s) occurred, or
20 the arrest was made, and venue shall lie in that county; the
21 case may be transferred to another county only with the
22 approval of the court and the agreement of the parties.
23 (b) Venue in Actions Other Than Suits for Criminal
24 Penalties. Actions to enforce this Chapter, Commission
25 regulations and orders, other than suits for criminal
26 misdemeanor penalties, may be brought in the circuit courts
27 of any county in which any part of the subject matter is
28 located, or any part of the violation(s) occurred; the case
29 may be transferred to another county only with the approval
30 of the court and the agreement of the parties.
31 (Source: P.A. 85-553; revised 10-31-98.)
32 (625 ILCS 5/18c-4701) (from Ch. 95 1/2, par. 18c-4701)
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1 Sec. 18c-4701. Insignia on Vehicles.
2 (1) General Requirements to be Prescribed by Commission.
3 Except as otherwise provided in this Section, no intrastate
4 carrier shall operate any motor vehicle upon the public roads
5 of this State unless there is painted or affixed to both
6 sides of the cab or power unit, in accordance with such
7 specifications as the Commission may prescribe, the trade
8 name of the carrier as it appears on the carrier's license or
9 the carrier's recognized logo, together with the license and
10 registration number of the carrier. Likewise, no interstate
11 carrier shall operate any motor vehicle upon the public roads
12 of this State unless there is painted or affixed to both
13 sides of the cab or power unit, in accordance with such
14 specifications as the Commission may prescribe, the
15 registration or authority number of the carrier.
16 (2) Use of ICC-Prescribed Identification. Identifying
17 information prescribed by the Interstate Commerce Commission
18 may be used in satisfaction of requirements established under
19 this Section, including special orders granting a petition
20 for waiver of Sections 1057.22(a) and 1057.22(c)(2) and (4),
21 as they relate to equipment receipts, of the Lease and
22 Interchange of Vehicle Regulations (49 CFR CRF 1057), in lieu
23 of numbers or symbols prescribed by the Commission.
24 (3) Identification of Trip Lessees. Notwithstanding any
25 other provision of this Section to the contrary, a motor
26 vehicle trip leased in accordance with this Chapter,
27 Commission regulations and orders shall not be required to
28 bear the name and license number of the lessee if:
29 (a) the motor vehicle bears the name and license or
30 registration number of the lessor in accordance with
31 subsection (1) of this Section, Commission regulations
32 and orders;
33 (b) the lessor and lessee are commonly-owned; and
34 (c) the vehicle carries a photocopy of a letter
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1 signed by the lessor, on file with the Commission,
2 stating that the lessor and lessee are commonly-owned.
3 (4) Rules not superseded. The authority of the Illinois
4 Commerce Commission to regulate the identification of motor
5 vehicles of intrastate and interstate carriers, engaged in
6 the transportation of hazardous materials, shall not
7 supersede or replace the rules and regulations of the
8 Illinois Department of Transportation and Federal Motor
9 Carrier Safety regulations Part 390.21, as relates now or
10 hereafter to the markings and identification of such
11 vehicles.
12 (5) Identification on vehicles under 9,000 pounds gross
13 vehicle weight (GVW). Vehicles with a gross vehicle weight
14 (GVW) less than 9,000 pounds may, in lieu of identification
15 required under subsection (1) of this Section display the
16 trade name of the carrier as it appears on the carrier's
17 license or the carrier's recognized logo, together with the
18 license and registration number of the carrier in such manner
19 as to be clearly legible and visible from both sides of the
20 vehicle at a distance of 25 feet, when the vehicle is not in
21 motion, and in accordance with such specifications as the
22 Commission may prescribe.
23 (Source: P.A. 88-415; revised 10-31-98.)
24 (625 ILCS 5/18c-6102) (from Ch. 95 1/2, par. 18c-6102)
25 Sec. 18c-6102. Exemptions From Commission Jurisdiction.
26 The provisions of this Sub-chapter shall not, except as
27 provided in Section 18c-6501 of this Chapter, apply to:
28 (1) carriers owned by any political subdivision, school
29 district, institution of higher education, or municipality,
30 and operated either by such political subdivision,
31 institution of higher education, or municipality or its
32 lessee or agent;
33 (2) commuter vans as defined in this The Illinois
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1 Vehicle Code;
2 (3) carriers transporting passengers without fixed
3 routes or schedules and charging on a time or distance basis,
4 including taxicabs, charter operations, and contract bus
5 operations;
6 (4) carriers transporting passengers with fixed routes
7 and schedules and charging on a per passenger fixed charge
8 basis and which do not include an airport as a point to be
9 served on the route, in whole or in part;.
10 (5) transportation in vehicles with a manufacturer's
11 rated seating capacity of less than 8 persons, including the
12 driver;
13 (6) transportation subject to the Ridesharing
14 Arrangements Act;
15 (7) commuter buses offering short-haul for-hire
16 regularly scheduled passenger transportation service within
17 metropolitan and suburban areas, over regular routes with
18 fixed schedules, and utilized primarily by passengers using
19 reduced-fare, multiple-ride, or commutation tickets during
20 morning and evening peak periods in travelling to and from
21 their places of employment; and
22 (8) those persons owning and operating school buses, as
23 defined in this The Illinois Vehicle Code, and regulated by
24 other provisions of this that Code.
25 (Source: P.A. 90-407, eff. 8-15-97; revised 10-31-98.)
26 Section 232. The Ridesharing Arrangements Act is amended
27 by changing Section 6 as follows:
28 (625 ILCS 30/6) (from Ch. 95 1/2, par. 906)
29 Sec. 6. (a) The operator of a ridesharing arrangement
30 may charge his or her passengers a fee in excess of the
31 amount required to reimburse the operator him for his or her
32 expenses, if:
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1 (1) the operator makes no more than 2 round trips
2 per day in the course of operating any ridesharing
3 arrangement;
4 (2) any passenger so charged is a person whom the
5 operator has agreed to transport in advance of such
6 person presenting himself or herself at the pickup point;
7 and
8 (3) the operator complies with Sections 6-106.4,
9 12-707 and 12-707.01 of the Illinois Vehicle Code.
10 (b) A for-profit ridesharing arrangement may, but need
11 not, be organized as a sole proprietorship, or as any other
12 appropriate form of business entity.
13 (Source: P.A. 83-1091; revised 10-31-98.)
14 Section 233. The Snowmobile Registration and Safety Act
15 is amended by changing Section 5-2 as follows:
16 (625 ILCS 40/5-2) (from Ch. 95 1/2, par. 605-2)
17 Sec. 5-2. Operation on Highways.) It is unlawful for
18 any person to drive or operate any snowmobile on a highway in
19 this State except as follows:
20 A. On highways other than tollways, interstate highways
21 and fully or limited access-controlled highways snowmobiles
22 may make a direct crossing provided:
23 (1) the crossing is made at an angle of
24 approximately 90 degrees to the direction of the highway
25 and at a place where no obstruction prevents a quick and
26 safe crossing; and
27 (2) the snowmobile is brought to a complete stop
28 before crossing a roadway; and
29 (3) the operator yields the right of way to all
30 oncoming traffic which constitutes a hazard.
31 B. On highways other than tollways, interstate highways
32 and fully or limited access-controlled highways snowmobiles
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1 may be operated not less than 10 feet from the roadway and in
2 the same direction as traffic. On such highways, other than
3 State highways, the corporate authorities of a city, village
4 or incorporated town may adopt ordinances providing for
5 variance from the 10-foot separation requirement of this
6 subsection, including ordinances permitting the operation of
7 snowmobiles upon the roadways of such highways, other than
8 State highways, within city, village or town limits. In
9 addition, the corporate authorities of any unit of local
10 government with jurisdiction over such highways may adopt
11 ordinances authorizing the operation of snowmobiles within 10
12 feet of the roadway to avoid obstructions or hazardous
13 terrain. Other than for State highways, corporate authorities
14 of a city, village or incorporated town may adopt ordinances
15 providing for trails, including the designation of the
16 roadways of highways referred to in this paragraph as
17 snowmobile trails, and regulating snowmobile operation within
18 city, village or town limits.
19 C. On highways other than tollways, interstate highways
20 and fully or limited access-controlled highways snowmobiles
21 may be operated on roadways when it is necessary to cross a
22 bridge or culvert or when it is impracticable to gain
23 immediate access to an area adjacent to a highway where a
24 snowmobile is to be operated.
25 D. Corporate authorities of a city, village or
26 incorporated town may by ordinance designate 1 or more
27 specific public highways or streets within their jurisdiction
28 as egress and ingress routes for the use of snowmobiles. In
29 the event that such public highways or streets are under the
30 jurisdiction of the State of Illinois, express expressed
31 written consent of the Illinois Department of Transportation
32 shall be required. Corporate authorities acting under the
33 authority of this paragraph D shall erect and maintain signs
34 giving proper notice thereof.
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1 E. Snowmobiles may be lawfully driven or operated upon
2 those highways where posted with signs giving proper notice
3 and erected and maintained by the township road commissioner.
4 A township or township road commissioner shall not be liable
5 for any personal injuries caused as a result of the operation
6 of a snowmobile on such highways. For purposes of this
7 paragraph E, "highways" are defined as township roads
8 pursuant to Section 2-205 of the Illinois Highway Code.
9 (Source: P.A. 84-151; 84-973; revised 10-31-98.)
10 Section 234. The Boat Registration and Safety Act is
11 amended by changing Sections 3A-2, 3A-3, and 5-18 as follows:
12 (625 ILCS 45/3A-2) (from Ch. 95 1/2, par. 313A-2)
13 Sec. 3A-2. Voluntary titling. (a) The owner of any
14 watercraft exempt from Section 3A-1(a) of this Act may apply
15 to the Department of Natural Resources for a certificate of
16 title by filing an application accompanied by the prescribed
17 fee. Any owner exempt from this Act who obtains a
18 certificate of title must also obtain a certificate of number
19 as prescribed in Section 3-9 313-9 of this Act.
20 (Source: P.A. 89-445, eff. 2-7-96; revised 10-31-98.)
21 (625 ILCS 45/3A-3) (from Ch. 95 1/2, par. 313A-3)
22 Sec. 3A-3. Application for first certificate of title.
23 (a) The application for the first certificate of title
24 in this State must be made by the owner to the Department of
25 Natural Resources on the form prescribed and must contain:
26 1. The name, residence and mail address of the
27 owner;
28 2. A description of the watercraft so far as the
29 following data exists: Its make, model, year of
30 manufacture, manufacturer's serial number or builder's
31 hull number, length and principal material used in
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1 construction;
2 3. The date of purchase by applicant, the name and
3 address of the person from whom the watercraft was
4 acquired and the names and addresses of any lienholders
5 in the order of their priority and the dates of their
6 security agreements; and
7 4. (a) Any further information the Department of
8 Natural Resources reasonably requires to identify the
9 watercraft and to enable the Department to determine
10 whether the owner is entitled to a certificate of title
11 and the existence or nonexistence of security interests
12 in the watercraft.
13 (b) If the application refers to a watercraft purchased
14 from a dealer, it must contain the name and address of any
15 lienholder holding a security interest created or reserved at
16 the time of the sale and the date of his security agreement
17 and be signed by the dealer as well as the owner, and the
18 dealer must within 15 days mail or deliver the application to
19 the Department of Natural Resources.
20 (c) If the application refers to a watercraft last
21 previously registered in another State or country, the
22 application must contain or be accompanied by:
23 1. Any certificate of title issued by the other
24 State or country;, and
25 2. Any other information and documents the
26 Department of Natural Resources reasonably requires to
27 establish ownership and the existence or nonexistence of
28 security interests.
29 (Source: P.A. 89-445, eff. 2-7-96; revised 10-31-98.)
30 (625 ILCS 45/5-18) (from Ch. 95 1/2, par. 315-13)
31 Sec. 5-18. No person under 10 years of age may operate a
32 motorboat. Persons at least 10 years of age and less than 12
33 years of age may operate a motorboat only if they are
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1 accompanied on the motorboat and under the direct control of
2 a parent or guardian or a person at least 18 years of age
3 designated by a parent or guardian. Persons at least 12
4 years of age and less than 18 years of age may operate a
5 motorboat only if they are accompanied on the motorboat and
6 under the direct control of a parent or guardian or a person
7 at least 18 years of age designated by a parent or guardian,
8 or such motorboat operator is in possession of a Boating
9 Safety Certificate issued by the Department of Natural
10 Resources, Division of Law Enforcement, authorizing the
11 holder to operate motorboats.
12 Violations of this Section done with the knowledge of a
13 parent or guardian shall be deemed a violation by the parent
14 or guardian and punishable under Section 11A-1 11-6.
15 The Department of Natural Resources, Division of Law
16 Enforcement, shall establish a program of instruction on
17 boating safety, laws, regulations and administrative laws,
18 and any other subject matter which might be related to the
19 subject of general boat safety. The program shall be
20 conducted by instructors certified by the Department of
21 Natural Resources, Division of Law Enforcement. The course
22 of instruction for persons certified to teach boating safety
23 shall be not less than 8 hours in length, and the Department
24 shall have the authority to revoke the certification of any
25 instructor who has demonstrated his inability to conduct
26 courses on the subject matter. Students satisfactorily
27 completing a program of not less than 8 hours in length shall
28 receive a certificate of safety from the Department of
29 Natural Resources, Division of Law Enforcement. The
30 Department may cooperate with schools, private clubs and
31 other organizations in offering boating safety courses
32 throughout the State of Illinois.
33 The Department shall issue certificates of boating safety
34 to persons 10 years of age or older successfully completing
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1 the prescribed course of instruction and passing such tests
2 as may be prescribed by the Department. The Department may
3 charge each person who enrolls in a course of instruction a
4 fee not to exceed $5. If a fee is authorized by the
5 Department, the Department shall authorize instructors
6 conducting such courses meeting standards established by it
7 to charge for the rental of facilities or for the cost of
8 materials utilized in the course. Fees retained by the
9 Department shall be utilized to defray a part of its expenses
10 to operate the safety and accident reporting programs of the
11 Department.
12 A person over the age of 12 years who holds a valid
13 certificate issued by another state, a province of the
14 Dominion of Canada, the United States Coast Guard Auxiliary
15 or the United States Power Squadron need not obtain a
16 certificate from the Department if the course content of the
17 program in such other state, province or organization
18 substantially meets that established by the Department under
19 this Section. A certificate issued by the Department or by
20 another state, province of the Dominion of Canada or approved
21 organization shall not constitute an operator's license, but
22 shall certify only that the student has successfully passed a
23 course in boating safety instruction.
24 The Department of Natural Resources, Division of Law
25 Enforcement, shall implement and enforce the provisions of
26 this Section.
27 (Source: P.A. 89-445, eff. 2-7-96; revised 10-31-98.)
28 Section 235. The Clerks of Courts Act is amended by
29 changing Section 27.1 as follows:
30 (705 ILCS 105/27.1) (from Ch. 25, par. 27.1)
31 Sec. 27.1. The fees of the Clerk of the Circuit Court in
32 all counties having a population of 180,000 inhabitants or
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1 less shall be paid in advance, except as otherwise provided,
2 and shall be as follows:
3 (a) Civil Cases
4 (1) All civil cases except as otherwise
5 provided........................................... $40
6 (2) Judicial Sales (except Probate).......... $40
7 (b) Family
8 (1) Commitment petitions under the Mental
9 Health and Developmental Disabilities Code, filing
10 transcript of commitment proceedings held in
11 another county, and cases under the Juvenile Court
12 Act of 1987........................................ $25
13 (2) Petition for Marriage Licenses........... $10
14 (3) Marriages in Court....................... $10
15 (4) Paternity................................ $40
16 (c) Criminal and Quasi-Criminal
17 (1) Each person convicted of a felony........ $40
18 (2) Each person convicted of a misdemeanor,
19 leaving scene of an accident, driving while
20 intoxicated, reckless driving or drag racing,
21 driving when license revoked or suspended,
22 overweight, or no interstate commerce certificate,
23 or when the disposition is court supervision....... $25
24 (3) Each person convicted of a business
25 offense............................................ $25
26 (4) Each person convicted of a petty offense. $25
27 (5) Minor traffic, conservation, or
28 ordinance violation, including
29 without limitation when the disposition is
30 court supervision:
31 (i) For each offense.................... $10
32 (ii) For each notice sent to the
33 defendant's last known address pursuant to
34 subsection (c) of Section 6-306.4 of the Illinois
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1 Vehicle Code....................................... $2
2 (iii) For each notice sent to the
3 Secretary of State pursuant to subsection (c) of
4 Section 6-306.4 of the Illinois Vehicle Code....... $2
5 (6) When Court Appearance required........... $15
6 (7) Motions to vacate or amend final orders.. $10
7 (8) In ordinance violation cases punishable
8 by fine only, the clerk of the circuit court shall
9 be entitled to receive, unless the fee is excused
10 upon a finding by the court that the defendant is
11 indigent, in addition to other fees or costs
12 allowed or imposed by law, the sum of $50 as a fee
13 for the services of a jury. The jury fee shall be
14 paid by the defendant at the time of filing his or
15 her jury demand. If the fee is not so paid by the
16 defendant, no jury shall be called, and the case
17 shall be tried by the court without a jury.
18 (d) Other Civil Cases
19 (1) Money or personal property claimed does
20 not exceed $500.................................... $10
21 (2) Exceeds $500 but not more than $10,000... $25
22 (3) Exceeds $10,000, when relief in addition
23 to or supplemental to recovery of money alone is
24 sought in an action to recover personal property
25 taxes or retailers occupational tax regardless of
26 amount claimed..................................... $45
27 (4) The Clerk of the Circuit Court shall be
28 entitled to receive, in addition to other fees
29 allowed by law, the sum of $50, as a fee for the
30 services of a jury in every civil action not
31 quasi-criminal in its nature and not a proceeding
32 for the exercise of the right of eminent domain,
33 and in every equitable action wherein the right of
34 trial by jury is or may be given by law. The jury
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1 fee shall be paid by the party demanding a jury at
2 the time of filing his jury demand. If such a fee
3 is not paid by either party, no jury shall be
4 called in the action, suit, or proceeding, and the
5 same shall be tried by the court without a jury.
6 (e) Confession of judgment and answer
7 (1) When the amount does not exceed $1,000... $20
8 (2) Exceeds $1,000........................... $40
9 (f) Auxiliary Proceedings
10 Any auxiliary proceeding relating to the
11 collection of a money judgment, including
12 garnishment, citation, or wage deduction action.... $5
13 (g) Forcible entry and detainer
14 (1) For possession only or possession and
15 rent not in excess of $10,000...................... $10
16 (2) For possession and rent in excess of
17 $10,000............................................ $40
18 (h) Eminent Domain
19 (1) Exercise of Eminent Domain............... $45
20 (2) For each and every lot or tract of land
21 or right or interest therein subject to be
22 condemned, the damages in respect to which shall
23 require separate assessments by a jury............. $45
24 (i) Reinstatement
25 Each case including petition for modification
26 of a judgment or order of Court if filed later than
27 30 days after the entry of a judgment or order,
28 except in forcible entry and detainer cases and
29 small claims and except a petition to modify,
30 terminate, or enforce a judgement or order for
31 child or spousal support or to modify, suspend, or
32 terminate an order for withholding, petition to
33 vacate judgment of dismissal for want of
34 prosecution whenever filed, petition to reopen an
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1 estate, or redocketing of any cause................ $20
2 (j) Probate
3 (1) Administration of decedent's estates,
4 whether testate or intestate, guardianships of the
5 person or estate or both of a person under legal
6 disability, guardianships of the person or estate
7 or both of a minor or minors, or petitions to sell
8 real estate in the administration of any estate.... $50
9 (2) Small estates in cases where the real and
10 personal property of an estate does not exceed
11 $5,000............................................. $25
12 (3) At any time during the administration of
13 the estate, however, at the request of the Clerk,
14 the Court shall examine the record of the estate
15 and the personal representative to determine the
16 total value of the real and personal property of
17 the estate, and if such value exceeds $5,000 shall
18 order the payment of an additional fee in the
19 amount of.......................................... $40
20 (4) Inheritance tax proceedings.............. $15
21 (5) Issuing letters only for a certain
22 specific reason other than the administration of an
23 estate, including but not limited to the release of
24 mortgage; the issue of letters of guardianship in
25 order that consent to marriage may be granted or
26 for some other specific reason other than for the
27 care of property or person; proof of heirship
28 without administration; or when a will is to be
29 admitted to probate, but the estate is to be
30 settled without administration..................... $10
31 (6) When a separate complaint relating to any
32 matter other than a routine claim is filed in an
33 estate, the required additional fee shall be
34 charged for such filing............................ $45
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1 (k) Change of Venue
2 From a court, the charge is the same amount as
3 the original filing fee; however, the fee for
4 preparation and certification of record on change
5 of venue, when original documents or copies are
6 forwarded.......................................... $10
7 (l) Answer, adverse pleading, or appearance
8 In civil cases.......... $15
9 With the following exceptions:
10 (1) When the amount does not exceed $500..... $5
11 (2) When amount exceeds $500 but not $10,000. $10
12 (3) When amount exceeds $10,000.............. $15
13 (4) Court appeals when documents are
14 forwarded, over 200 pages, additional fee per page
15 over 200........................................... 10¢
16 (m) Tax objection complaints
17 For each tax objection complaint containing
18 one or more tax objections, regardless of the
19 number of parcels involved or the number of
20 taxpayers joining the complaint.................... $10
21 (n) Tax deed
22 (1) Petition for tax deed, if only one parcel
23 is involved........................................ $45
24 (2) For each additional parcel involved, an
25 additional fee of.................................. $10
26 (o) Mailing Notices and Processes
27 (1) All notices that the clerk is required to
28 mail as first class mail........................... $2
29 (2) For all processes or notices the Clerk is
30 required to mail by certified or registered mail,
31 the fee will be $2 plus cost of postage.
32 (p) Certification or Authentication
33 (1) Each certification or authentication for
34 taking the acknowledgement of a deed or other
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1 instrument in writing with seal of office.......... $2
2 (2) Court appeals when original documents are
3 forwarded, 100 pages or under, plus delivery costs. $25
4 (3) Court appeals when original documents are
5 forwarded, over 100 pages, plus delivery costs..... $60
6 (4) Court appeals when original documents are
7 forwarded, over 200 pages, additional fee per page
8 over 200........................................... 10¢
9 (q) Reproductions
10 Each record of proceedings and judgment,
11 whether on appeal, change of venue, certified
12 copies of orders and judgments, and all other
13 instruments, documents, records, or papers:
14 (1) First page.......................... $1
15 (2) Next 19 pages, per page............. 50¢
16 (3) All remaining pages, per page....... 25¢
17 (r) Counterclaim
18 When any defendant files a counterclaim as
19 part of his or her answer or otherwise, or joins
20 another party as a third party defendant, or both,
21 he or she shall pay a fee for each such
22 counterclaim or third party action in an amount
23 equal to the fee he or she would have had to pay
24 had he or she brought a separate action for the
25 relief sought in the counterclaim or against the
26 third party defendant, less the amount of the
27 appearance fee, if that has been paid.
28 (s) Transcript of Judgment
29 From a court, the same fee as if case
30 originally filed.
31 (t) Publications
32 The cost of publication shall be paid directly
33 to the publisher by the person seeking the
34 publication, whether the clerk is required by law
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1 to publish, or the parties to the action.
2 (u) Collections
3 (1) For all collections made for others,
4 except the State and County and except in
5 maintenance or child support cases, a sum equal to
6 2% of the amount collected and turned over.
7 (2) In any cases remanded to the Circuit
8 Court from the Supreme Court or the Appellate
9 Court, the Clerk shall file the remanding order and
10 reinstate the case with either its original number
11 or a new number. The Clerk shall not charge any
12 new or additional fee for the reinstatement. Upon
13 reinstatement the Clerk shall advise the parties of
14 the reinstatement. A party shall have the same
15 right to a jury trial on remand and reinstatement
16 as he or she had before the appeal, and no
17 additional or new fee or charge shall be made for a
18 jury trial after remand.
19 (3) In maintenance and child support matters,
20 the Clerk may deduct from each payment an amount
21 equal to the United States postage to be used in
22 mailing the maintenance or child support check to
23 the recipient. In such cases, the Clerk shall
24 collect an annual fee of up to $36 from the person
25 making such payment for administering the
26 collection and distribution of maintenance and
27 child support payments. Such sum shall be in
28 addition to and separate from amounts ordered to be
29 paid as maintenance or child support and shall be
30 deposited in a separate Maintenance and Child
31 Support Collection Fund of which the Clerk shall be
32 the custodian, ex officio, to be used by the Clerk
33 to further maintenance and child support collection
34 efforts in his office. Unless paid in cash or
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1 pursuant to an order for withholding, the payment
2 of the fee shall be by a separate instrument from
3 the support payment and shall be made to the order
4 of the Clerk. The Clerk may recover from the person
5 making the maintenance or child support payment any
6 additional cost incurred in the collection of this
7 annual fee.
8 The Clerk shall also be entitled to a fee of
9 $5 for certifications made to the Secretary of
10 State as provided in Section 7-703 of the Family
11 Financial Responsibility Law and these fees shall
12 also be deposited into the Separate Maintenance and
13 Child Support Collection Fund.
14 (v) Correction of Cases
15 For correcting the case number or case title
16 on any document filed in his office, to be charged
17 against the party that filed the document.......... $10
18 (w) Record Search
19 For searching a record, per year searched..... $4
20 (x) Printed Output
21 For each page of hard copy print output, when
22 case records are maintained on an automated medium. $2
23 (y) Alias Summons
24 For each alias summons issued................. $2
25 (z) Expungement of Records
26 For each expungement petition filed........... $15
27 (aa) Other Fees
28 Any fees not covered by this Section shall be set by
29 rule or administrative order of the Circuit Court, with
30 the approval of the Supreme Court.
31 (bb) Exemptions
32 No fee provided for herein shall be charged to any
33 unit of State or local government or school district
34 unless the Court orders another party to pay such fee on
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1 its behalf. The fee requirements of this Section shall
2 not apply to police departments or other law enforcement
3 agencies. In this Section, "law enforcement agency"
4 means an agency of the State or a unit of local
5 government that is vested by law or ordinance with the
6 duty to maintain public order and to enforce criminal
7 laws and ordinances. The fee requirements of this Section
8 shall not apply to any action instituted under subsection
9 (b) of Section 11-31-1 of the Illinois Municipal Code by
10 a private owner or tenant of real property within 1200
11 feet of a dangerous or unsafe building seeking an order
12 compelling the owner or owners of the building to take
13 any of the actions authorized under that subsection.
14 (cc) Adoptions
15 (1) For an adoption.............................$65
16 (2) Upon good cause shown, the court may waive the
17 adoption filing fee in a special needs adoption. The
18 term "special needs adoption" shall have the meaning
19 ascribed to it by the Illinois Department of Children and
20 Family Services.
21 (dd) Adoption exemptions
22 No fee other than that set forth in subsection (cc)
23 shall be charged to any person in connection with an
24 adoption proceeding.
25 (ee) Additional Services
26 Beginning July 1, 1993, the clerk of the circuit
27 court may provide such additional services for which
28 there is no fee specified by statute in connection with
29 the operation of the clerk's office as may be requested
30 by the public and agreed to by the public and by the
31 clerk and approved by the chief judge of the circuit
32 court. Any charges for additional services shall be as
33 agreed to between the clerk and the party making the
34 request and approved by the chief judge of the circuit
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1 court. Nothing in this subsection shall be as agreed to
2 between the clerk and the party making the request.
3 Nothing in this subsection shall be construed to require
4 any clerk to provide any service not otherwise required
5 by law.
6 (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96;
7 90-466, eff. 8-17-97; 90-796, eff. 12-15-98; revised
8 12-31-98.)
9 Section 236. The Juvenile Court Act of 1987 is amended
10 by changing Sections 1-3, 1-4, 1-5, 1-7, 1-8, 2-4, 2-16,
11 2-17.1, 2-27, 2-28, 2-30, 3-18, 3-31, 4-15, 4-28, 5-135,
12 5-525, 5-805, 6-1, 6-9, and 6-10 and adding Section 1-18 as
13 follows:
14 (705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
15 Sec. 1-3. Definitions. Terms used in this Act, unless
16 the context otherwise requires, have the following meanings
17 ascribed to them:
18 (1) "Adjudicatory hearing" means a hearing to determine
19 whether the allegations of a petition under Section 2-13,
20 3-15 or 4-12 that a minor under 18 years of age is abused,
21 neglected or dependent, or requires authoritative
22 intervention, or addicted, respectively, are supported by a
23 preponderance of the evidence or whether the allegations of a
24 petition under Section 5-520 that a minor is delinquent are
25 proved beyond a reasonable doubt.
26 (2) "Adult" means a person 21 years of age or older.
27 (3) "Agency" means a public or private child care
28 facility legally authorized or licensed by this State for
29 placement or institutional care or for both placement and
30 institutional care.
31 (4) "Association" means any organization, public or
32 private, engaged in welfare functions which include services
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1 to or on behalf of children but does not include "agency" as
2 herein defined.
3 (4.05) Whenever a "best interest" determination is
4 required, the following factors shall be considered in the
5 context of the child's age and developmental needs:
6 (a) the physical safety and welfare of the child,
7 including food, shelter, health, and clothing;
8 (b) the development of the child's identity;
9 (c) the child's background and ties, including familial,
10 cultural, and religious;
11 (d) the child's sense of attachments, including:
12 (i) where the child actually feels love,
13 attachment, and a sense of being valued (as opposed to
14 where adults believe the child should feel such love,
15 attachment, and a sense of being valued);
16 (ii) the child's sense of security;
17 (iii) the child's sense of familiarity;
18 (iv) continuity of affection for the child;
19 (v) the least disruptive placement alternative for
20 the child;
21 (e) the child's wishes and long-term goals;
22 (f) the child's community ties, including church,
23 school, and friends;
24 (g) the child's need for permanence which includes the
25 child's need for stability and continuity of relationships
26 with parent figures and with siblings and other relatives;
27 (h) the uniqueness of every family and child;
28 (i) the risks attendant to entering and being in
29 substitute care; and
30 (j) the preferences of the persons available to care for
31 the child.
32 (4.1) "Chronic truant" shall have the definition
33 ascribed to it in Section 26-2a of the School Code.
34 (5) "Court" means the circuit court in a session or
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1 division assigned to hear proceedings under this Act.
2 (6) "Dispositional hearing" means a hearing to determine
3 whether a minor should be adjudged to be a ward of the court,
4 and to determine what order of disposition should be made in
5 respect to a minor adjudged to be a ward of the court.
6 (7) "Emancipated minor" means any minor 16 years of age
7 or over who has been completely or partially emancipated
8 under the "Emancipation of Mature Minors Act", enacted by the
9 Eighty-First General Assembly, or under this Act.
10 (8) "Guardianship of the person" of a minor means the
11 duty and authority to act in the best interests of the minor,
12 subject to residual parental rights and responsibilities, to
13 make important decisions in matters having a permanent effect
14 on the life and development of the minor and to be concerned
15 with his or her general welfare. It includes but is not
16 necessarily limited to:
17 (a) the authority to consent to marriage, to
18 enlistment in the armed forces of the United States, or
19 to a major medical, psychiatric, and surgical treatment;
20 to represent the minor in legal actions; and to make
21 other decisions of substantial legal significance
22 concerning the minor;
23 (b) the authority and duty of reasonable
24 visitation, except to the extent that these have been
25 limited in the best interests of the minor by court
26 order;
27 (c) the rights and responsibilities of legal
28 custody except where legal custody has been vested in
29 another person or agency; and
30 (d) the power to consent to the adoption of the
31 minor, but only if expressly conferred on the guardian in
32 accordance with Section 2-29, 3-30, or 4-27.
33 (9) "Legal custody" means the relationship created by an
34 order of court in the best interests of the minor which
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1 imposes on the custodian the responsibility of physical
2 possession of a minor and the duty to protect, train and
3 discipline him and to provide him with food, shelter,
4 education and ordinary medical care, except as these are
5 limited by residual parental rights and responsibilities and
6 the rights and responsibilities of the guardian of the
7 person, if any.
8 (10) "Minor" means a person under the age of 21 years
9 subject to this Act.
10 (11) "Parent" means the father or mother of a child and
11 includes any adoptive parent. It also includes a man (i)
12 whose paternity is presumed or has been established under the
13 law of this or another jurisdiction or (ii) who has
14 registered with the Putative Father Registry in accordance
15 with Section 12.1 of the Adoption Act and whose paternity has
16 not been ruled out under the law of this or another
17 jurisdiction. It does not include a parent whose rights in
18 respect to the minor have been terminated in any manner
19 provided by law.
20 (11.1) "Permanency goal" means a goal set by the court
21 as defined in subdivision (2) of Section 2-28.
22 (11.2) "Permanency hearing" means a hearing to set the
23 permanency goal and to review and determine (i) the
24 appropriateness of the services contained in the plan and
25 whether those services have been provided, (ii) whether
26 reasonable efforts have been made by all the parties to the
27 service plan to achieve the goal, and (iii) whether the plan
28 and goal have been achieved.
29 (12) "Petition" means the petition provided for in
30 Section 2-13, 3-15, 4-12 or 5-520, including any supplemental
31 petitions thereunder in Section 3-15, 4-12 or 5-520 5-13.
32 (13) "Residual parental rights and responsibilities"
33 means those rights and responsibilities remaining with the
34 parent after the transfer of legal custody or guardianship of
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1 the person, including, but not necessarily limited to, the
2 right to reasonable visitation (which may be limited by the
3 court in the best interests of the minor as provided in
4 subsection (8)(b) of this Section), the right to consent to
5 adoption, the right to determine the minor's religious
6 affiliation, and the responsibility for his support.
7 (14) "Shelter" means the temporary care of a minor in
8 physically unrestricting facilities pending court disposition
9 or execution of court order for placement.
10 (15) "Station adjustment" means the informal handling
11 of an alleged offender by a juvenile police officer.
12 (16) "Ward of the court" means a minor who is so
13 adjudged under Section 2-22, 3-23, 4-20 or 5-705, after a
14 finding of the requisite jurisdictional facts, and thus is
15 subject to the dispositional powers of the court under this
16 Act.
17 (17) "Juvenile police officer" means a sworn police
18 officer who has completed a Basic Recruit Training Course,
19 has been assigned to the position of juvenile police officer
20 by his or her chief law enforcement officer and has completed
21 the necessary juvenile officers training as prescribed by the
22 Illinois Law Enforcement Training Standards Board, or in the
23 case of a State police officer, juvenile officer training
24 approved by the Director of the Department of State Police.
25 (18) "Secure child care facility" means any child care
26 facility licensed by the Department of Children and Family
27 Services to provide secure living arrangements for children
28 under 18 years of age who are subject to placement in
29 facilities under the Children and Family Services Act and who
30 are not subject to placement in facilities for whom standards
31 are established by the Department of Corrections under
32 Section 3-15-2 of the Unified Code of Corrections. "Secure
33 child care facility" also means a facility that is designed
34 and operated to ensure that all entrances and exits exists
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1 from the facility, a building, or a distinct part of the
2 building are under the exclusive control of the staff of the
3 facility, whether or not the child has the freedom of
4 movement within the perimeter of the facility, building, or
5 distinct part of the building.
6 (Source: P.A. 90-28, eff. 1-1-98; 90-87, eff. 9-1-97; 90-590,
7 eff. 1-1-99; 90-608, eff. 6-30-98; 90-655, eff. 7-30-98;
8 revised 1-30-99.)
9 (705 ILCS 405/1-4) (from Ch. 37, par. 801-4)
10 Sec. 1-4. Limitations of scope of Act. Nothing in this
11 Act shall be construed to give: (a) any guardian appointed
12 hereunder the guardianship of the estate of the minor or to
13 change the age of minority for any purpose other than those
14 expressly stated in this Act; or (b) any court jurisdiction,
15 except as provided in Sections 2-7, 3-6, 3-9, 4-6 and 5-410
16 5-7, over any minor solely on the basis of the minor's (i)
17 misbehavior which does not violate any federal or state law
18 or municipal ordinance, (ii) refusal to obey the orders or
19 directions of a parent, guardian or custodian, (iii) absence
20 from home without the consent of his or her parent, guardian
21 or custodian, or (iv) truancy, until efforts and procedures
22 to address and resolve such actions by a law enforcement
23 officer during a period of limited custody, by crisis
24 intervention services under Section 3-5, and by alternative
25 voluntary residential placement or other disposition as
26 provided by Section 3-6 have been exhausted without
27 correcting such actions.
28 (Source: P.A. 85-601; revised 8-26-98.)
29 (705 ILCS 405/1-5) (from Ch. 37, par. 801-5)
30 Sec. 1-5. Rights of parties to proceedings.
31 (1) Except as provided in this Section and paragraph (2)
32 of Sections 2-22, 3-23, 4-20, 5-610 or 5-705, the minor who
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1 is the subject of the proceeding and his parents, guardian,
2 legal custodian or responsible relative who are parties
3 respondent have the right to be present, to be heard, to
4 present evidence material to the proceedings, to
5 cross-examine witnesses, to examine pertinent court files and
6 records and also, although proceedings under this Act are not
7 intended to be adversary in character, the right to be
8 represented by counsel. At the request of any party
9 financially unable to employ counsel, with the exception of a
10 foster parent permitted to intervene under this Section, the
11 court shall appoint the Public Defender or such other counsel
12 as the case may require. Counsel appointed for the minor and
13 any indigent party shall appear at all stages of the trial
14 court proceeding, and such appointment shall continue through
15 the permanency hearings and termination of parental rights
16 proceedings subject to withdrawal or substitution pursuant to
17 Supreme Court Rules or the Code of Civil Procedure. Following
18 the dispositional hearing, the court may require appointed
19 counsel, other than counsel for the minor or counsel for the
20 guardian ad litem, to withdraw his or her appearance upon
21 failure of the party for whom counsel was appointed under
22 this Section to attend any subsequent proceedings.
23 No hearing on any petition or motion filed under this Act
24 may be commenced unless the minor who is the subject of the
25 proceeding is represented by counsel. Each adult respondent
26 shall be furnished a written "Notice of Rights" at or before
27 the first hearing at which he or she appears.
28 (1.5) The Department shall maintain a system of response
29 to inquiry made by parents or putative parents as to whether
30 their child is under the custody or guardianship of the
31 Department; and if so, the Department shall direct the
32 parents or putative parents to the appropriate court of
33 jurisdiction, including where inquiry may be made of the
34 clerk of the court regarding the case number and the next
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1 scheduled court date of the minor's case. Effective notice
2 and the means of accessing information shall be given to the
3 public on a continuing basis by the Department.
4 (2) (a) Though not appointed guardian or legal custodian
5 or otherwise made a party to the proceeding, any current or
6 previously appointed foster parent or relative caregiver, or
7 representative of an agency or association interested in the
8 minor has the right to be heard by the court, but does not
9 thereby become a party to the proceeding.
10 In addition to the foregoing right to be heard by the
11 court, any current foster parent or relative caregiver of a
12 minor and the agency designated by the court or the
13 Department of Children and Family Services as custodian of
14 the minor who is alleged to be or has been adjudicated an
15 abused or neglected minor under Section 2-3 or a dependent
16 minor under Section 2-4 of this Act has the right to and
17 shall be given adequate notice at all stages of any hearing
18 or proceeding under this Act.
19 Any foster parent or relative caregiver who is denied his
20 or her right to be heard under this Section may bring a
21 mandamus action under Article XIV of the Code of Civil
22 Procedure against the court or any public agency to enforce
23 that right. The mandamus action may be brought immediately
24 upon the denial of those rights but in no event later than 30
25 days after the foster parent has been denied the right to be
26 heard.
27 (b) If after an adjudication that a minor is abused or
28 neglected as provided under Section 2-21 of this Act and a
29 motion has been made to restore the minor to any parent,
30 guardian, or legal custodian found by the court to have
31 caused the neglect or to have inflicted the abuse on the
32 minor, a foster parent may file a motion to intervene in the
33 proceeding for the sole purpose of requesting that the minor
34 be placed with the foster parent, provided that the foster
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1 parent (i) is the current foster parent of the minor or (ii)
2 has previously been a foster parent for the minor for one
3 year or more, has a foster care license or is eligible for a
4 license, and is not the subject of any findings of abuse or
5 neglect of any child. The juvenile court may only enter
6 orders placing a minor with a specific foster parent under
7 this subsection (2)(b) and nothing in this Section shall be
8 construed to confer any jurisdiction or authority on the
9 juvenile court to issue any other orders requiring the
10 appointed guardian or custodian of a minor to place the minor
11 in a designated foster home or facility. This Section is not
12 intended to encompass any matters that are within the scope
13 or determinable under the administrative and appeal process
14 established by rules of the Department of Children and Family
15 Services under Section 5(o) of the Children and Family
16 Services Act. Nothing in this Section shall relieve the
17 court of its responsibility, under Section 2-14(a) of this
18 Act to act in a just and speedy manner to reunify families
19 where it is the best interests of the minor and the child can
20 be cared for at home without endangering the child's health
21 or safety and, if reunification is not in the best interests
22 of the minor, to find another permanent home for the minor.
23 Nothing in this Section, or in any order issued by the court
24 with respect to the placement of a minor with a foster
25 parent, shall impair the ability of the Department of
26 Children and Family Services, or anyone else authorized under
27 Section 5 of the Abused and Neglected Child Reporting Act, to
28 remove a minor from the home of a foster parent if the
29 Department of Children and Family Services or the person
30 removing the minor has reason to believe that the
31 circumstances or conditions of the minor are such that
32 continuing in the residence or care of the foster parent will
33 jeopardize the child's health and safety or present an
34 imminent risk of harm to that minor's life.
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1 (c) If a foster parent has had the minor who is the
2 subject of the proceeding under Article II in his or her home
3 for more than one year on or after July 3, 1994 and if the
4 minor's placement is being terminated from that foster
5 parent's home, that foster parent shall have standing and
6 intervenor status except in those circumstances where the
7 Department of Children and Family Services or anyone else
8 authorized under Section 5 of the Abused and Neglected Child
9 Reporting Act has removed the minor from the foster parent
10 because of a reasonable belief that the circumstances or
11 conditions of the minor are such that continuing in the
12 residence or care of the foster parent will jeopardize the
13 child's health or safety or presents an imminent risk of harm
14 to the minor's life.
15 (d) The court may grant standing to any foster parent if
16 the court finds that it is in the best interest of the child
17 for the foster parent to have standing and intervenor status.
18 (3) Parties respondent are entitled to notice in
19 compliance with Sections 2-15 and 2-16, 3-17 and 3-18, 4-14
20 and 4-15 or 5-525 and 5-530, as appropriate. At the first
21 appearance before the court by the minor, his parents,
22 guardian, custodian or responsible relative, the court shall
23 explain the nature of the proceedings and inform the parties
24 of their rights under the first 2 paragraphs of this Section.
25 If the child is alleged to be abused, neglected or
26 dependent, the court shall admonish the parents that if the
27 court declares the child to be a ward of the court and awards
28 custody or guardianship to the Department of Children and
29 Family Services, the parents must cooperate with the
30 Department of Children and Family Services, comply with the
31 terms of the service plans, and correct the conditions that
32 require the child to be in care, or risk termination of their
33 parental rights.
34 Upon an adjudication of wardship of the court under
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1 Sections 2-22, 3-23, 4-20 or 5-705, the court shall inform
2 the parties of their right to appeal therefrom as well as
3 from any other final judgment of the court.
4 When the court finds that a child is an abused,
5 neglected, or dependent minor under Section 2-21, the court
6 shall admonish the parents that the parents must cooperate
7 with the Department of Children and Family Services, comply
8 with the terms of the service plans, and correct the
9 conditions that require the child to be in care, or risk
10 termination of their parental rights.
11 When the court declares a child to be a ward of the court
12 and awards guardianship to the Department of Children and
13 Family Services under Section 2-22, the court shall admonish
14 the parents, guardian, custodian, or responsible relative
15 that the parents must cooperate with the Department of
16 Children and Family Services, comply with the terms of the
17 service plans, and correct the conditions that require the
18 child to be in care, or risk termination of their parental
19 rights.
20 (4) No sanction may be applied against the minor who is
21 the subject of the proceedings by reason of his refusal or
22 failure to testify in the course of any hearing held prior to
23 final adjudication under Section 2-22, 3-23, 4-20 or 5-705.
24 (5) In the discretion of the court, the minor may be
25 excluded from any part or parts of a dispositional hearing
26 and, with the consent of the parent or parents, guardian,
27 counsel or a guardian ad litem, from any part or parts of an
28 adjudicatory hearing.
29 (6) The general public except for the news media and the
30 victim shall be excluded from any hearing and, except for the
31 persons specified in this Section only persons, including
32 representatives of agencies and associations, who in the
33 opinion of the court have a direct interest in the case or in
34 the work of the court shall be admitted to the hearing.
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1 However, the court may, for the minor's safety and protection
2 and for good cause shown, prohibit any person or agency
3 present in court from further disclosing the minor's
4 identity.
5 (7) A party shall not be entitled to exercise the right
6 to a substitution of a judge without cause under subdivision
7 (a)(2) of Section 2-1001 of the Code of Civil Procedure in a
8 proceeding under this Act if the judge is currently assigned
9 to a proceeding involving the alleged abuse, neglect, or
10 dependency of the minor's sibling or half sibling and that
11 judge has made a substantive ruling in the proceeding
12 involving the minor's sibling or half sibling.
13 (Source: P.A. 89-235, eff. 8-4-95; 90-27, eff. 1-1-98; 90-28,
14 eff. 1-1-98; 90-590, eff. 1-1-99; 90-608, eff. 6-30-98;
15 revised 9-16-98.)
16 (705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
17 Sec. 1-7. Confidentiality of law enforcement records.
18 (A) Inspection and copying of law enforcement records
19 maintained by law enforcement agencies that relate to a minor
20 who has been arrested or taken into custody before his or her
21 17th birthday shall be restricted to the following:
22 (1) Any local, State or federal law enforcement
23 officers of any jurisdiction or agency when necessary for
24 the discharge of their official duties during the
25 investigation or prosecution of a crime or relating to a
26 minor who has been adjudicated delinquent and there has
27 been a previous finding that the act which constitutes
28 the previous offense was committed in furtherance of
29 criminal activities by a criminal street gang. For
30 purposes of this Section, "criminal street gang" has the
31 meaning ascribed to it in Section 10 of the Illinois
32 Streetgang Terrorism Omnibus Prevention Act.
33 (2) Prosecutors, probation officers, social
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1 workers, or other individuals assigned by the court to
2 conduct a pre-adjudication or pre-disposition
3 investigation, and individuals responsible for
4 supervising or providing temporary or permanent care and
5 custody for minors pursuant to the order of the juvenile
6 court, when essential to performing their
7 responsibilities.
8 (3) Prosecutors and probation officers:
9 (a) in the course of a trial when institution
10 of criminal proceedings has been permitted under
11 Section 5-4 or required under Section 5-805 5-4; or
12 (b) when institution of criminal proceedings
13 has been permitted under Section 5-4 or required
14 under Section 5-805 5-4 and such minor is the
15 subject of a proceeding to determine the amount of
16 bail; or
17 (c) when criminal proceedings have been
18 permitted under Section 5-4 or required under
19 Section 5-805 5-4 and such minor is the subject of a
20 pre-trial investigation, pre-sentence investigation,
21 fitness hearing, or proceedings on an application
22 for probation.
23 (4) Adult and Juvenile Prisoner Review Board.
24 (5) Authorized military personnel.
25 (6) Persons engaged in bona fide research, with the
26 permission of the Presiding Judge of the Juvenile Court
27 and the chief executive of the respective law enforcement
28 agency; provided that publication of such research
29 results in no disclosure of a minor's identity and
30 protects the confidentiality of the minor's record.
31 (7) Department of Children and Family Services
32 child protection investigators acting in their official
33 capacity.
34 (8) The appropriate school official. Inspection
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1 and copying shall be limited to law enforcement records
2 transmitted to the appropriate school official by a local
3 law enforcement agency under a reciprocal reporting
4 system established and maintained between the school
5 district and the local law enforcement agency under
6 Section 10-20.14 of the School Code concerning a minor
7 enrolled in a school within the school district who has
8 been arrested or taken into custody for any of the
9 following offenses:
10 (i) unlawful use of weapons under Section 24-1
11 of the Criminal Code of 1961;
12 (ii) a violation of the Illinois Controlled
13 Substances Act;
14 (iii) a violation of the Cannabis Control Act;
15 or
16 (iv) a forcible felony as defined in Section
17 2-8 of the Criminal Code of 1961.
18 (B) (1) Except as provided in paragraph (2), no law
19 enforcement officer or other person or agency may
20 knowingly transmit to the Department of Corrections,
21 Adult Division or the Department of State Police or to
22 the Federal Bureau of Investigation any fingerprint or
23 photograph relating to a minor who has been arrested or
24 taken into custody before his or her 17th birthday,
25 unless the court in proceedings under this Act authorizes
26 the transmission or enters an order under Section 5-805
27 5-4 permitting or requiring the institution of criminal
28 proceedings.
29 (2) Law enforcement officers or other persons or
30 agencies shall transmit to the Department of State
31 Police copies of fingerprints and descriptions of all
32 minors who have been arrested or taken into custody
33 before their 17th birthday for the offense of unlawful
34 use of weapons under Article 24 of the Criminal Code of
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1 1961, a Class X or Class 1 felony, a forcible felony as
2 defined in Section 2-8 of the Criminal Code of 1961, or a
3 Class 2 or greater felony under the Cannabis Control Act,
4 the Illinois Controlled Substances Act, or Chapter 4 of
5 the Illinois Vehicle Code, pursuant to Section 5 of the
6 Criminal Identification Act. Information reported to the
7 Department pursuant to this Section may be maintained
8 with records that the Department files pursuant to
9 Section 2.1 of the Criminal Identification Act. Nothing
10 in this Act prohibits a law enforcement agency from
11 fingerprinting a minor taken into custody or arrested
12 before his or her 17th birthday for an offense other than
13 those listed in this paragraph (2).
14 (C) The records of law enforcement officers concerning
15 all minors under 17 years of age must be maintained separate
16 from the records of arrests and may not be open to public
17 inspection or their contents disclosed to the public except
18 by order of the court or when the institution of criminal
19 proceedings has been permitted under Section 5-4 or required
20 under Section 5-805 5-4 or such a person has been convicted
21 of a crime and is the subject of pre-sentence investigation
22 or proceedings on an application for probation or when
23 provided by law.
24 (D) Nothing contained in subsection (C) of this Section
25 shall prohibit the inspection or disclosure to victims and
26 witnesses of photographs contained in the records of law
27 enforcement agencies when the inspection and disclosure is
28 conducted in the presence of a law enforcement officer for
29 the purpose of the identification or apprehension of any
30 person subject to the provisions of this Act or for the
31 investigation or prosecution of any crime.
32 (E) Law enforcement officers may not disclose the
33 identity of any minor in releasing information to the general
34 public as to the arrest, investigation or disposition of any
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1 case involving a minor.
2 (F) Nothing contained in this Section shall prohibit law
3 enforcement agencies from communicating with each other by
4 letter, memorandum, teletype or intelligence alert bulletin
5 or other means the identity or other relevant information
6 pertaining to a person under 17 years of age if there are
7 reasonable grounds to believe that the person poses a real
8 and present danger to the safety of the public or law
9 enforcement officers. The information provided under this
10 subsection (F) shall remain confidential and shall not be
11 publicly disclosed, except as otherwise allowed by law.
12 (G) Nothing in this Section shall prohibit the right of
13 a Civil Service Commission or appointing authority of any
14 state, county or municipality examining the character and
15 fitness of an applicant for employment with a law enforcement
16 agency or correctional institution from obtaining and
17 examining the records of any law enforcement agency relating
18 to any record of the applicant having been arrested or taken
19 into custody before the applicant's 17th birthday.
20 (Source: P.A. 89-221, eff. 8-4-95; 89-362, eff. 8-18-95;
21 89-626, eff. 8-9-96; 90-127, eff. 1-1-98; revised 8-26-98.)
22 (705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
23 Sec. 1-8. Confidentiality and accessibility of juvenile
24 court records.
25 (A) Inspection and copying of juvenile court records
26 relating to a minor who is the subject of a proceeding under
27 this Act shall be restricted to the following:
28 (1) The minor who is the subject of record, his
29 parents, guardian and counsel.
30 (2) Law enforcement officers and law enforcement
31 agencies when such information is essential to executing
32 an arrest or search warrant or other compulsory process,
33 or to conducting an ongoing investigation or relating to
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1 a minor who has been adjudicated delinquent and there has
2 been a previous finding that the act which constitutes
3 the previous offense was committed in furtherance of
4 criminal activities by a criminal street gang.
5 Before July 1, 1994, for the purposes of this
6 Section, "criminal street gang" means any ongoing
7 organization, association, or group of 3 or more persons,
8 whether formal or informal, having as one of its primary
9 activities the commission of one or more criminal acts
10 and that has a common name or common identifying sign,
11 symbol or specific color apparel displayed, and whose
12 members individually or collectively engage in or have
13 engaged in a pattern of criminal activity.
14 Beginning July 1, 1994, for purposes of this
15 Section, "criminal street gang" has the meaning ascribed
16 to it in Section 10 of the Illinois Streetgang Terrorism
17 Omnibus Prevention Act.
18 (3) Judges, hearing officers, prosecutors,
19 probation officers, social workers or other individuals
20 assigned by the court to conduct a pre-adjudication or
21 predisposition investigation, and individuals responsible
22 for supervising or providing temporary or permanent care
23 and custody for minors pursuant to the order of the
24 juvenile court when essential to performing their
25 responsibilities.
26 (4) Judges, prosecutors and probation officers:
27 (a) in the course of a trial when institution
28 of criminal proceedings has been permitted under
29 Section 5-4 or required under Section 5-805 5-4; or
30 (b) when criminal proceedings have been
31 permitted under Section 5-4 or required under
32 Section 5-805 5-4 and a minor is the subject of a
33 proceeding to determine the amount of bail; or
34 (c) when criminal proceedings have been
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1 permitted under Section 5-4 or required under
2 Section 5-805 5-4 and a minor is the subject of a
3 pre-trial investigation, pre-sentence investigation
4 or fitness hearing, or proceedings on an application
5 for probation; or
6 (d) when a minor becomes 17 years of age or
7 older, and is the subject of criminal proceedings,
8 including a hearing to determine the amount of bail,
9 a pre-trial investigation, a pre-sentence
10 investigation, a fitness hearing, or proceedings on
11 an application for probation.
12 (5) Adult and Juvenile Prisoner Review Boards.
13 (6) Authorized military personnel.
14 (7) Victims, their subrogees and legal
15 representatives; however, such persons shall have access
16 only to the name and address of the minor and information
17 pertaining to the disposition or alternative adjustment
18 plan of the juvenile court.
19 (8) Persons engaged in bona fide research, with the
20 permission of the presiding judge of the juvenile court
21 and the chief executive of the agency that prepared the
22 particular records; provided that publication of such
23 research results in no disclosure of a minor's identity
24 and protects the confidentiality of the record.
25 (9) The Secretary of State to whom the Clerk of the
26 Court shall report the disposition of all cases, as
27 required in Section 6-204 of the Illinois Vehicle Code.
28 However, information reported relative to these offenses
29 shall be privileged and available only to the Secretary
30 of State, courts, and police officers.
31 (10) The administrator of a bonafide substance
32 abuse student assistance program with the permission of
33 the presiding judge of the juvenile court.
34 (B) A minor who is the victim in a juvenile proceeding
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1 shall be provided the same confidentiality regarding
2 disclosure of identity as the minor who is the subject of
3 record.
4 (C) Except as otherwise provided in this subsection (C),
5 juvenile court records shall not be made available to the
6 general public but may be inspected by representatives of
7 agencies, associations and news media or other properly
8 interested persons by general or special order of the court.
9 The State's Attorney, the minor, his parents, guardian and
10 counsel shall at all times have the right to examine court
11 files and records.
12 (1) The court shall allow the general public to
13 have access to the name, address, and offense of a minor
14 who is adjudicated a delinquent minor under this Act
15 under either of the following circumstances:
16 (A) The adjudication of delinquency was based
17 upon the minor's commission of first degree murder,
18 attempt to commit first degree murder, aggravated
19 criminal sexual assault, or criminal sexual assault;
20 or
21 (B) The court has made a finding that the
22 minor was at least 13 years of age at the time the
23 act was committed and the adjudication of
24 delinquency was based upon the minor's commission
25 of: (i) an act in furtherance of the commission of a
26 felony as a member of or on behalf of a criminal
27 street gang, (ii) an act involving the use of a
28 firearm in the commission of a felony, (iii) an act
29 that would be a Class X felony offense under or the
30 minor's second or subsequent Class 2 or greater
31 felony offense under the Cannabis Control Act if
32 committed by an adult, (iv) an act that would be a
33 second or subsequent offense under Section 402 of
34 the Illinois Controlled Substances Act if committed
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1 by an adult, or (v) an act that would be an offense
2 under Section 401 of the Illinois Controlled
3 Substances Act if committed by an adult.
4 (2) The court shall allow the general public to
5 have access to the name, address, and offense of a minor
6 who is at least 13 years of age at the time the offense
7 is committed and who is convicted, in criminal
8 proceedings permitted or required under Section 5-4,
9 under either of the following circumstances:
10 (A) The minor has been convicted of first
11 degree murder, attempt to commit first degree
12 murder, aggravated criminal sexual assault, or
13 criminal sexual assault,
14 (B) The court has made a finding that the
15 minor was at least 13 years of age at the time the
16 offense was committed and the conviction was based
17 upon the minor's commission of: (i) an offense in
18 furtherance of the commission of a felony as a
19 member of or on behalf of a criminal street gang,
20 (ii) an offense involving the use of a firearm in
21 the commission of a felony, (iii) a Class X felony
22 offense under or a second or subsequent Class 2 or
23 greater felony offense under the Cannabis Control
24 Act, (iv) a second or subsequent offense under
25 Section 402 of the Illinois Controlled Substances
26 Act, or (v) an offense under Section 401 of the
27 Illinois Controlled Substances Act.
28 (D) Pending or following any adjudication of delinquency
29 for any offense defined in Sections 12-13 through 12-16 of
30 the Criminal Code of 1961, the victim of any such offense
31 shall receive the rights set out in Sections 4 and 6 of the
32 Bill of Rights for Victims and Witnesses of Violent Crime
33 Act; and the juvenile who is the subject of the adjudication,
34 notwithstanding any other provision of this Act, shall be
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1 treated as an adult for the purpose of affording such rights
2 to the victim.
3 (E) Nothing in this Section shall affect the right of a
4 Civil Service Commission or appointing authority of any
5 state, county or municipality examining the character and
6 fitness of an applicant for employment with a law enforcement
7 agency or correctional institution to ascertain whether that
8 applicant was ever adjudicated to be a delinquent minor and,
9 if so, to examine the records of disposition or evidence
10 which were made in proceedings under this Act.
11 (F) Following any adjudication of delinquency for a
12 crime which would be a felony if committed by an adult, or
13 following any adjudication of delinquency for a violation of
14 Section 24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of
15 1961, the State's Attorney shall ascertain whether the minor
16 respondent is enrolled in school and, if so, shall provide a
17 copy of the dispositional order to the principal or chief
18 administrative officer of the school. Access to such
19 juvenile records shall be limited to the principal or chief
20 administrative officer of the school and any guidance
21 counselor designated by him.
22 (G) Nothing contained in this Act prevents the sharing
23 or disclosure of information or records relating or
24 pertaining to juveniles subject to the provisions of the
25 Serious Habitual Offender Comprehensive Action Program when
26 that information is used to assist in the early
27 identification and treatment of habitual juvenile offenders.
28 (H) When a Court hearing a proceeding under Article II
29 of this Act becomes aware that an earlier proceeding under
30 Article II had been heard in a different county, that Court
31 shall request, and the Court in which the earlier proceedings
32 were initiated shall transmit, an authenticated copy of the
33 Court record, including all documents, petitions, and orders
34 filed therein and the minute orders, transcript of
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1 proceedings, and docket entries of the Court.
2 (I) The Clerk of the Circuit Court shall report to the
3 Department of State Police, in the form and manner required
4 by the Department of State Police, the final disposition of
5 each minor who has been arrested or taken into custody before
6 his or her 17th birthday for those offenses required to be
7 reported under Section 5 of the Criminal Identification Act.
8 Information reported to the Department under this Section may
9 be maintained with records that the Department files under
10 Section 2.1 of the Criminal Identification Act.
11 (Source: P.A. 89-198, eff. 7-21-95; 89-235, eff. 8-4-95;
12 89-377, eff. 8-18-95; 89-626, eff. 8-9-96; 90-28, eff.
13 1-1-98; 90-87, eff. 9-1-97; 90-127, eff. 1-1-98; 90-655, eff.
14 7-30-98; revised 8-26-98.)
15 (705 ILCS 405/1-18 new)
16 Sec. 1-18. Administrative Office of the Illinois Courts;
17 report. The Administrative Office of the Illinois Courts
18 shall study the fiscal impact of the implementation of Public
19 Act 90-590 (the Juvenile Justice Reform Provisions of 1998)
20 which is under its authority and submit a report of that
21 study to the General Assembly within 12 months after the
22 enactment of that Act. The Administrative Office may, in
23 addition to other requests, make a request for funding of the
24 implementation of that Act.
25 (Source: Incorporates P.A. 90-590, eff. 1-1-99; revised
26 10-6-98.)
27 (705 ILCS 405/2-4) (from Ch. 37, par. 802-4)
28 Sec. 2-4. Dependent minor.
29 (1) Those who are dependent include any minor under 18
30 years of age:
31 (a) who is without a parent, guardian or legal
32 custodian;
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1 (b) who is without proper care because of the
2 physical or mental disability of his parent, guardian or
3 custodian; or
4 (c) who is without proper medical or other remedial
5 care recognized under State law or other care necessary
6 for his or her well being through no fault, neglect or
7 lack of concern by his parents, guardian or custodian,
8 provided that no order may be made terminating parental
9 rights, nor may a minor be removed from the custody of
10 his or her parents for longer than 6 months, pursuant to
11 an adjudication as a dependent minor under this
12 subdivision subsection (c), unless it is found to be in
13 his or her best interest by the court or the case
14 automatically closes as provided under Section 2-31 of
15 this Act; or
16 (d) who has a parent, guardian or legal custodian
17 who with good cause wishes to be relieved of all
18 residual parental rights and responsibilities,
19 guardianship or custody, and who desires the appointment
20 of a guardian of the person with power to consent to the
21 adoption of the minor under Section 2-29.
22 (2) This Section does not apply to a minor who would be
23 included herein solely for the purpose of qualifying for
24 financial assistance for himself, his parents, guardian or
25 custodian or to a minor solely because his or her parent or
26 guardian has left the minor for any period of time in the
27 care of an adult relative.
28 (Source: P.A. 88-491; 89-21, eff. 7-1-95; revised 10-31-98.)
29 (705 ILCS 405/2-16) (from Ch. 37, par. 802-16)
30 Sec. 2-16. Notice by certified mail or publication.
31 (1) If service on individuals as provided in Section
32 2-15 is not made on any respondent within a reasonable time
33 or if it appears that any respondent resides outside the
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1 State, service may be made by certified mail. In such case
2 the clerk shall mail the summons and a copy of the petition
3 to that respondent by certified mail marked for delivery to
4 addressee only. The court shall not proceed with the
5 adjudicatory hearing until 5 days after such mailing. The
6 regular return receipt for certified mail is sufficient proof
7 of service.
8 (2) Where a respondent's usual place of abode is not
9 known, a diligent inquiry shall be made to ascertain the
10 respondent's current and last known address. The Department
11 of Children and Family Services shall adopt rules defining
12 the requirements for conducting a diligent search to locate
13 parents of minors in the custody of the Department. If,
14 after diligent inquiry made at any time within the preceding
15 12 months, the usual place of abode cannot be reasonably
16 ascertained, or if respondent is concealing his or her
17 whereabouts to avoid service of process, petitioner's
18 attorney shall file an affidavit at the office of the clerk
19 of court in which the action is pending showing that
20 respondent on due inquiry cannot be found or is concealing
21 his or her whereabouts so that process cannot be served. The
22 affidavit shall state the last known address of the
23 respondent. The affidavit shall also state what efforts were
24 made to effectuate service. Within 3 days of receipt of the
25 affidavit, the clerk shall issue publication service as
26 provided below. The clerk shall also send a copy thereof by
27 mail addressed to each respondent listed in the affidavit at
28 his or her last known address. The clerk of the court as
29 soon as possible shall cause publication to be made once in a
30 newspaper of general circulation in the county where the
31 action is pending. Notice by publication is not required in
32 any case when the person alleged to have legal custody of the
33 minor has been served with summons personally or by certified
34 mail, but the court may not enter any order or judgment
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1 against any person who cannot be served with process other
2 than by publication unless notice by publication is given or
3 unless that person appears. When a minor has been sheltered
4 under Section 2-10 of this Act and summons has not been
5 served personally or by certified mail within 20 days from
6 the date of the order of court directing such shelter care,
7 the clerk of the court shall cause publication. Notice by
8 publication shall be substantially as follows:
9 "A, B, C, D, (here giving the names of the named
10 respondents, if any) and to All Whom It May Concern (if there
11 is any respondent under that designation):
12 Take notice that on (insert date) the .... day of ....,
13 19.. a petition was filed under the Juvenile Court Act of
14 1987 by .... in the circuit court of .... county entitled
15 'In the interest of ...., a minor', and that in ....
16 courtroom at .... on (insert date) the .... day of .... at
17 the hour of ...., or as soon thereafter as this cause may be
18 heard, an adjudicatory hearing will be held upon the petition
19 to have the child declared to be a ward of the court under
20 that Act. THE COURT HAS AUTHORITY IN THIS PROCEEDING TO TAKE
21 FROM YOU THE CUSTODY AND GUARDIANSHIP OF THE MINOR, TO
22 TERMINATE YOUR PARENTAL RIGHTS, AND TO APPOINT A GUARDIAN
23 WITH POWER TO CONSENT TO ADOPTION. YOU MAY LOSE ALL PARENTAL
24 RIGHTS TO YOUR CHILD. IF THE PETITION REQUESTS THE
25 TERMINATION OF YOUR PARENTAL RIGHTS AND THE APPOINTMENT OF A
26 GUARDIAN WITH POWER TO CONSENT TO ADOPTION, YOU MAY LOSE ALL
27 PARENTAL RIGHTS TO THE CHILD. Unless you appear you will not
28 be entitled to further written notices or publication notices
29 of the proceedings in this case, including the filing of an
30 amended petition or a motion to terminate parental rights.
31 Now, unless you appear at the hearing and show cause
32 against the petition, the allegations of the petition may
33 stand admitted as against you and each of you, and an order
34 or judgment entered.
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1 ......................
2 Clerk
3 Dated (insert the date of publication)"
4 (3) The clerk shall also at the time of the publication
5 of the notice send a copy thereof by mail to each of the
6 respondents on account of whom publication is made at his or
7 her last known address. The certificate of the clerk that he
8 or she has mailed the notice is evidence thereof. No other
9 publication notice is required. Every respondent notified by
10 publication under this Section must appear and answer in open
11 court at the hearing. The court may not proceed with the
12 adjudicatory hearing until 10 days after service by
13 publication on any parent, guardian or legal custodian in the
14 case of a minor described in Section 2-3 or 2-4.
15 (4) If it becomes necessary to change the date set for
16 the hearing in order to comply with Section 2-14 or with this
17 Section, notice of the resetting of the date must be given,
18 by certified mail or other reasonable means, to each
19 respondent who has been served with summons personally or by
20 certified mail.
21 (5) Notice to a parent who has appeared or been served
22 with summons personally or by certified mail, and for whom an
23 order of default has been entered on the petition for
24 wardship and has not been set aside shall be provided in
25 accordance with Supreme Court Rule 11. Notice to a parent
26 who was served by publication and for whom an order of
27 default has been entered on the petition for wardship and has
28 not been set aside shall be provided in accordance with this
29 Section and Section 2-15.
30 (Source: P.A. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-608,
31 eff. 6-30-98; revised 10-20-98.)
32 (705 ILCS 405/2-17.1)
33 Sec. 2-17.1. Court appointed special advocate.
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1 (1) The court may appoint a special advocate upon the
2 filing of a petition under this Article or at any time during
3 the pendency of a proceeding under this Article. Except in
4 counties with a population over 3,000,000, the court
5 appointed special advocate may also serve as guardian ad
6 litem by appointment of the court under Section 2-17 of this
7 Act.
8 (2) The court appointed special advocate shall act as a
9 monitor and shall be notified of all administrative case
10 reviews pertaining to the minor and work with the parties'
11 attorneys, the guardian ad litem, and others assigned to the
12 minor's case to protect the minor's health, safety and best
13 interests and insure the proper delivery of child welfare
14 services. The court may consider, at its discretion,
15 testimony of the court appointed special advocate pertaining
16 to the well-being of the child.
17 (3) Court appointed special advocates shall serve as
18 volunteers without compensation and shall receive training
19 consistent with nationally developed standards.
20 (4) No person convicted of a criminal offense as
21 specified in Section 4.2 of the Child Care Act of 1969 and no
22 person identified as a perpetrator of an act of child abuse
23 or neglect as reflected in the Department of Children and
24 Family Services State Central Register shall serve as a court
25 appointed special advocate.
26 (5) All costs associated with the appointment and duties
27 of the court appointed special advocate shall be paid by the
28 court appointed special advocate or an organization of court
29 appointed special advocates. In no event shall the court
30 appointed special advocate be liable for any costs of
31 services provided to the child.
32 (6) The court may remove the court appointed special
33 advocate or the guardian ad litem from a case upon finding
34 that the court appointed special advocate or the guardian ad
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1 litem has acted in a manner contrary to the child's best
2 interest or if the court otherwise deems continued service is
3 unwanted or unnecessary.
4 (7) (a) In any county in which a program of court
5 appointed special advocates is in operation, the provisions
6 of this Section shall apply unless the county board of that
7 county, by resolution, determines that the county shall not
8 be governed by this Section.
9 (8) Any court appointed special advocate acting in good
10 faith within the scope of his or her appointment shall have
11 immunity from any civil or criminal liability that otherwise
12 might result by reason of his or her actions, except in cases
13 of willful and wanton misconduct. For the purpose of any
14 civil or criminal proceedings, the good faith of any court
15 appointed special advocate shall be presumed.
16 (Source: P.A. 90-28, eff. 1-1-98; 90-608, eff. 6-30-98;
17 revised 10-31-98.)
18 (705 ILCS 405/2-27) (from Ch. 37, par. 802-27)
19 Sec. 2-27. Placement; legal custody or guardianship.
20 (1) If the court determines and puts in writing the
21 factual basis supporting the determination of whether the
22 parents, guardian, or legal custodian of a minor adjudged a
23 ward of the court are unfit or are unable, for some reason
24 other than financial circumstances alone, to care for,
25 protect, train or discipline the minor or are unwilling to do
26 so, and that the health, safety, and best interest of the
27 minor will be jeopardized if the minor remains in the custody
28 of his or her parents, guardian or custodian, the court may
29 at this hearing and at any later point:
30 (a) place the minor in the custody of a suitable
31 relative or other person as legal custodian or guardian;
32 (a-5) with the approval of the Department of
33 Children and Family Services, place the minor in the
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1 subsidized guardianship of a suitable relative or other
2 person as legal guardian; "subsidized guardianship" means
3 a private guardianship arrangement for children for whom
4 the permanency goals of return home and adoption have
5 been ruled out and who meet the qualifications for
6 subsidized guardianship as defined by the Department of
7 Children and Family Services in administrative rules;
8 (b) place the minor under the guardianship of a
9 probation officer;
10 (c) commit the minor to an agency for care or
11 placement, except an institution under the authority of
12 the Department of Corrections or of the Department of
13 Children and Family Services;
14 (d) commit the minor to the Department of Children
15 and Family Services for care and service; however, a
16 minor charged with a criminal offense under the Criminal
17 Code of 1961 or adjudicated delinquent shall not be
18 placed in the custody of or committed to the Department
19 of Children and Family Services by any court, except a
20 minor less than 13 years of age and committed to the
21 Department of Children and Family Services under Section
22 5-710 of this Act. The Department shall be given due
23 notice of the pendency of the action and the Guardianship
24 Administrator of the Department of Children and Family
25 Services shall be appointed guardian of the person of the
26 minor. Whenever the Department seeks to discharge a minor
27 from its care and service, the Guardianship Administrator
28 shall petition the court for an order terminating
29 guardianship. The Guardianship Administrator may
30 designate one or more other officers of the Department,
31 appointed as Department officers by administrative order
32 of the Department Director, authorized to affix the
33 signature of the Guardianship Administrator to documents
34 affecting the guardian-ward relationship of children for
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1 whom he or she has been appointed guardian at such times
2 as he or she is unable to perform the duties of his or
3 her office. The signature authorization shall include but
4 not be limited to matters of consent of marriage,
5 enlistment in the armed forces, legal proceedings,
6 adoption, major medical and surgical treatment and
7 application for driver's license. Signature
8 authorizations made pursuant to the provisions of this
9 paragraph shall be filed with the Secretary of State and
10 the Secretary of State shall provide upon payment of the
11 customary fee, certified copies of the authorization to
12 any court or individual who requests a copy.
13 (1.5) In making a determination under this Section, the
14 court shall also consider whether, based on health, safety,
15 and the best interests of the minor,
16 (a) appropriate services aimed at family
17 preservation and family reunification have been
18 unsuccessful in rectifying the conditions that have led
19 to a finding of unfitness or inability to care for,
20 protect, train, or discipline the minor, or
21 (b) no family preservation or family reunification
22 services would be appropriate,
23 and if the petition or amended petition contained an
24 allegation that the parent is an unfit person as defined in
25 subdivision (D) of Section 1 of the Adoption Act, and the
26 order of adjudication recites that parental unfitness was
27 established by clear and convincing evidence, the court
28 shall, when appropriate and in the best interest of the
29 minor, enter an order terminating parental rights and
30 appointing a guardian with power to consent to adoption in
31 accordance with Section 2-29.
32 When making a placement, the court, wherever possible,
33 shall require the Department of Children and Family Services
34 to select a person holding the same religious belief as that
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1 of the minor or a private agency controlled by persons of
2 like religious faith of the minor and shall require the
3 Department to otherwise comply with Section 7 of the Children
4 and Family Services Act in placing the child. In addition,
5 whenever alternative plans for placement are available, the
6 court shall ascertain and consider, to the extent appropriate
7 in the particular case, the views and preferences of the
8 minor.
9 (2) When a minor is placed with a suitable relative or
10 other person pursuant to item (a) of subsection (1), the
11 court shall appoint him or her the legal custodian or
12 guardian of the person of the minor. When a minor is
13 committed to any agency, the court shall appoint the proper
14 officer or representative thereof as legal custodian or
15 guardian of the person of the minor. Legal custodians and
16 guardians of the person of the minor have the respective
17 rights and duties set forth in subsection (9) of Section 1-3
18 except as otherwise provided by order of court; but no
19 guardian of the person may consent to adoption of the minor
20 unless that authority is conferred upon him or her in
21 accordance with Section 2-29. An agency whose representative
22 is appointed guardian of the person or legal custodian of the
23 minor may place the minor in any child care facility, but the
24 facility must be licensed under the Child Care Act of 1969 or
25 have been approved by the Department of Children and Family
26 Services as meeting the standards established for such
27 licensing. No agency may place a minor adjudicated under
28 Sections 2-3 or 2-4 in a child care facility unless the
29 placement is in compliance with the rules and regulations for
30 placement under this Section promulgated by the Department of
31 Children and Family Services under Section 5 of the Children
32 and Family Services Act. Like authority and restrictions
33 shall be conferred by the court upon any probation officer
34 who has been appointed guardian of the person of a minor.
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1 (3) No placement by any probation officer or agency
2 whose representative is appointed guardian of the person or
3 legal custodian of a minor may be made in any out of State
4 child care facility unless it complies with the Interstate
5 Compact on the Placement of Children. Placement with a
6 parent, however, is not subject to that Interstate Compact.
7 (4) The clerk of the court shall issue to the legal
8 custodian or guardian of the person a certified copy of the
9 order of court, as proof of his authority. No other process
10 is necessary as authority for the keeping of the minor.
11 (5) Custody or guardianship granted under this Section
12 continues until the court otherwise directs, but not after
13 the minor reaches the age of 19 years except as set forth in
14 Section 2-31.
15 (6) (Blank).
16 (Source: P.A. 89-21, eff. 7-1-95; 89-422; 89-626, eff.
17 8-9-96; 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-512, eff.
18 8-22-97; 90-590, eff. 1-1-99; 90-608, eff. 6-30-98; 90-655,
19 eff. 7-30-98; revised 9-16-98.)
20 (705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
21 Sec. 2-28. Court review.
22 (1) The court may require any legal custodian or
23 guardian of the person appointed under this Act to report
24 periodically to the court or may cite him into court and
25 require him or his agency, to make a full and accurate report
26 of his or its doings in behalf of the minor. The custodian
27 or guardian, within 10 days after such citation, shall make
28 the report, either in writing verified by affidavit or orally
29 under oath in open court, or otherwise as the court directs.
30 Upon the hearing of the report the court may remove the
31 custodian or guardian and appoint another in his stead or
32 restore the minor to the custody of his parents or former
33 guardian or custodian. However, custody of the minor shall
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1 not be restored to any parent, guardian or legal custodian in
2 any case in which the minor is found to be neglected or
3 abused under Section 2-3 or dependent under Section 2-4 of
4 this Act, unless the minor can be cared for at home without
5 endangering the minor's health or safety and it is in the
6 best interests of the minor, and if such neglect, abuse, or
7 dependency is found by the court under paragraph (1) of
8 Section 2-21 of this Act to have come about due to the acts
9 or omissions or both of such parent, guardian or legal
10 custodian, until such time as an investigation is made as
11 provided in paragraph (5) and a hearing is held on the issue
12 of the fitness of such parent, guardian or legal custodian to
13 care for the minor and the court enters an order that such
14 parent, guardian or legal custodian is fit to care for the
15 minor.
16 (2) The first permanency hearing shall be conducted by
17 the judge. Subsequent permanency hearings may be heard by a
18 judge or by hearing officers appointed or approved by the
19 court in the manner set forth in Section 2-28.1 of this Act.
20 The initial hearing shall be held (a) within 12 months from
21 the date temporary custody was taken, (b) if the parental
22 rights of both parents have been terminated in accordance
23 with the procedure described in subsection (5) of Section
24 2-21, within 30 days of the order for termination of parental
25 rights and appointment of a guardian with power to consent to
26 adoption, or (c) in accordance with subsection (2) of Section
27 2-13.1. Subsequent permanency hearings shall be held every 6
28 months or more frequently if necessary in the court's
29 determination following the initial permanency hearing, in
30 accordance with the standards set forth in this Section,
31 until the court determines that the plan and goal have been
32 achieved. Once the plan and goal have been achieved, if the
33 minor remains in substitute care, the case shall be reviewed
34 at least every 6 months thereafter, subject to the provisions
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1 of this Section, unless the minor is placed in the
2 guardianship of a suitable relative or other person and the
3 court determines that further monitoring by the court does
4 not further the health, safety or best interest of the child
5 and that this is a stable permanent placement. The
6 permanency hearings must occur within the time frames set
7 forth in this subsection and may not be delayed in
8 anticipation of a report from any source or due to the
9 agency's failure to timely file its written report (this
10 written report means the one required under the next
11 paragraph and does not mean the service plan also referred to
12 in that paragraph).
13 The public agency that is the custodian or guardian of
14 the minor, or another agency responsible for the minor's
15 care, shall ensure that all parties to the permanency
16 hearings are provided a copy of the most recent service plan
17 prepared within the prior 6 months at least 14 days in
18 advance of the hearing. If not contained in the plan, the
19 agency shall also include a report setting forth (i) any
20 special physical, psychological, educational, medical,
21 emotional, or other needs of the minor or his or her family
22 that are relevant to a permanency or placement determination
23 and (ii) for any minor age 16 or over, a written description
24 of the programs and services that will enable the minor to
25 prepare for independent living. The agency's written report
26 must detail what progress or lack of progress the parent has
27 made in correcting the conditions requiring the child to be
28 in care; whether the child can be returned home without
29 jeopardizing the child's health, safety, and welfare, and if
30 not, what permanency goal is recommended to be in the best
31 interests of the child, and why the other permanency goals
32 are not appropriate. The caseworker must appear and testify
33 at the permanency hearing. If a permanency hearing has not
34 previously been scheduled by the court, the moving party
-1296- LRB9101253EGfg
1 shall move for the setting of a permanency hearing and the
2 entry of an order within the time frames set forth in this
3 subsection.
4 At the permanency hearing, the court shall determine the
5 future status of the child. The court shall set one of the
6 following permanency goals:
7 (A) The minor will be returned home by a specific
8 date within 5 months.
9 (B) The minor will be in short-term care with a
10 continued goal to return home within a period not to
11 exceed one year, where the progress of the parent or
12 parents is substantial giving particular consideration to
13 the age and individual needs of the minor.
14 (B-1) The minor will be in short-term care with a
15 continued goal to return home pending a status hearing.
16 When the court finds that a parent has not made
17 reasonable efforts or reasonable progress to date, the
18 court shall identify what actions the parent and the
19 Department must take in order to justify a finding of
20 reasonable efforts or reasonable progress and shall set a
21 status hearing to be held not earlier than 9 months from
22 the date of adjudication nor later than 11 months from
23 the date of adjudication during which the parent's
24 progress will again be reviewed.
25 (C) The minor will be in substitute care pending
26 court determination on termination of parental rights.
27 (D) Adoption, provided that parental rights have
28 been terminated or relinquished.
29 (E) The guardianship of the minor will be
30 transferred to an individual or couple on a permanent
31 basis provided that goals (A) through (D) have been ruled
32 out.
33 (F) The minor over age 12 will be in substitute
34 care pending independence.
-1297- LRB9101253EGfg
1 (G) The minor will be in substitute care because he
2 or she cannot be provided for in a home environment due
3 to developmental disabilities or mental illness or
4 because he or she is a danger to self or others, provided
5 that goals (A) through (D) have been ruled out.
6 In selecting any permanency goal, the court shall
7 indicate in writing the reasons the goal was selected and why
8 the preceding goals were ruled out. Where the court has
9 selected a permanency goal other than (A), (B), or (B-1), the
10 Department of Children and Family Services shall not provide
11 further reunification services, but shall provide services
12 consistent with the goal selected.
13 The court shall set a permanency goal that is in the best
14 interest of the child. The court's determination shall
15 include the following factors:
16 (1) Age of the child.
17 (2) Options available for permanence.
18 (3) Current placement of the child and the intent
19 of the family regarding adoption.
20 (4) Emotional, physical, and mental status or
21 condition of the child.
22 (5) Types of services previously offered and
23 whether or not the services were successful and, if not
24 successful, the reasons the services failed.
25 (6) Availability of services currently needed and
26 whether the services exist.
27 (7) Status of siblings of the minor.
28 The court shall consider (i) the permanency goal
29 contained in the service plan, (ii) the appropriateness of
30 the services contained in the plan and whether those services
31 have been provided, (iii) whether reasonable efforts have
32 been made by all the parties to the service plan to achieve
33 the goal, and (iv) whether the plan and goal have been
34 achieved. All evidence relevant to determining these
-1298- LRB9101253EGfg
1 questions, including oral and written reports, may be
2 admitted and may be relied on to the extent of their
3 probative value.
4 If the goal has been achieved, the court shall enter
5 orders that are necessary to conform the minor's legal
6 custody and status to those findings.
7 If, after receiving evidence, the court determines that
8 the services contained in the plan are not reasonably
9 calculated to facilitate achievement of the permanency goal,
10 the court shall put in writing the factual basis supporting
11 the determination and enter specific findings based on the
12 evidence. The court also shall enter an order for the
13 Department to develop and implement a new service plan or to
14 implement changes to the current service plan consistent with
15 the court's findings. The new service plan shall be filed
16 with the court and served on all parties within 45 days of
17 the date of the order. The court shall continue the matter
18 until the new service plan is filed. Unless otherwise
19 specifically authorized by law, the court is not empowered
20 under this subsection (2) or under subsection (3) to order
21 specific placements, specific services, or specific service
22 providers to be included in the plan.
23 A guardian or custodian appointed by the court pursuant
24 to this Act shall file updated case plans with the court
25 every 6 months.
26 Rights of wards of the court under this Act are
27 enforceable against any public agency by complaints for
28 relief by mandamus filed in any proceedings brought under
29 this Act.
30 (3) Following the permanency hearing, the court shall
31 enter a written order that includes the determinations
32 required under subsection (2) of this Section and sets forth
33 the following:
34 (a) The future status of the minor, including the
-1299- LRB9101253EGfg
1 permanency goal, and any order necessary to conform the
2 minor's legal custody and status to such determination;
3 or
4 (b) If the permanency goal of the minor cannot be
5 achieved immediately, the specific reasons for continuing
6 the minor in the care of the Department of Children and
7 Family Services or other agency for short term placement,
8 and the following determinations:
9 (i) (Blank).
10 (ii) Whether the services required by the
11 court and by any service plan prepared within the
12 prior 6 months have been provided and (A) if so,
13 whether the services were reasonably calculated to
14 facilitate the achievement of the permanency goal or
15 (B) if not provided, why the services were not
16 provided.
17 (iii) Whether the minor's placement is
18 necessary, and appropriate to the plan and goal,
19 recognizing the right of minors to the least
20 restrictive (most family-like) setting available and
21 in close proximity to the parents' home consistent
22 with the health, safety, best interest and special
23 needs of the minor and, if the minor is placed
24 out-of-State, whether the out-of-State placement
25 continues to be appropriate and consistent with the
26 health, safety, and best interest of the minor.
27 (iv) (Blank).
28 (v) (Blank).
29 Any order entered pursuant to this subsection (3) shall
30 be immediately appealable as a matter of right under Supreme
31 Court Rule 304(b)(1).
32 (4) The minor or any person interested in the minor may
33 apply to the court for a change in custody of the minor and
34 the appointment of a new custodian or guardian of the person
-1300- LRB9101253EGfg
1 or for the restoration of the minor to the custody of his
2 parents or former guardian or custodian.
3 When return home is not selected as the permanency goal:
4 (a) The Department, the minor, or the current
5 foster parent or relative caregiver seeking private
6 guardianship may file a motion for private guardianship
7 of the minor. Appointment of a guardian under this
8 Section requires approval of the court.
9 (b) The State's Attorney may file a motion to
10 terminate parental rights of any parent who has failed to
11 make reasonable efforts to correct the conditions which
12 led to the removal of the child or reasonable progress
13 toward the return of the child, as defined in subdivision
14 (D)(m) of Section 1 of the Adoption Act or for whom any
15 other unfitness ground for terminating parental rights as
16 defined in subdivision (D) of Section 1 of the Adoption
17 Act exists.
18 Custody of the minor shall not be restored to any parent,
19 guardian or legal custodian in any case in which the minor is
20 found to be neglected or abused under Section 2-3 or
21 dependent under Section 2-4 of this Act, unless the minor can
22 be cared for at home without endangering his or her health or
23 safety and it is in the best interest of the minor, and if
24 such neglect, abuse, or dependency is found by the court
25 under paragraph (1) of Section 2-21 of this Act to have come
26 about due to the acts or omissions or both of such parent,
27 guardian or legal custodian, until such time as an
28 investigation is made as provided in paragraph (5) and a
29 hearing is held on the issue of the health, safety and best
30 interest of the minor and the fitness of such parent,
31 guardian or legal custodian to care for the minor and the
32 court enters an order that such parent, guardian or legal
33 custodian is fit to care for the minor. In the event that
34 the minor has attained 18 years of age and the guardian or
-1301- LRB9101253EGfg
1 custodian petitions the court for an order terminating his
2 guardianship or custody, guardianship or custody shall
3 terminate automatically 30 days after the receipt of the
4 petition unless the court orders otherwise. No legal
5 custodian or guardian of the person may be removed without
6 his consent until given notice and an opportunity to be heard
7 by the court.
8 When the court orders a child restored to the custody of
9 the parent or parents, the court shall order the parent or
10 parents to cooperate with the Department of Children and
11 Family Services and comply with the terms of an after-care
12 plan, or risk the loss of custody of the child and possible
13 termination of their parental rights. The court may also
14 enter an order of protective supervision in accordance with
15 Section 2-24.
16 (5) Whenever a parent, guardian, or legal custodian
17 files a motion for restoration of custody of the minor, and
18 the minor was adjudicated neglected, abused, or dependent as
19 a result of physical abuse, the court shall cause to be made
20 an investigation as to whether the movant has ever been
21 charged with or convicted of any criminal offense which would
22 indicate the likelihood of any further physical abuse to the
23 minor. Evidence of such criminal convictions shall be taken
24 into account in determining whether the minor can be cared
25 for at home without endangering his or her health or safety
26 and fitness of the parent, guardian, or legal custodian.
27 (a) Any agency of this State or any subdivision
28 thereof shall co-operate with the agent of the court in
29 providing any information sought in the investigation.
30 (b) The information derived from the investigation
31 and any conclusions or recommendations derived from the
32 information shall be provided to the parent, guardian, or
33 legal custodian seeking restoration of custody prior to
34 the hearing on fitness and the movant shall have an
-1302- LRB9101253EGfg
1 opportunity at the hearing to refute the information or
2 contest its significance.
3 (c) All information obtained from any investigation
4 shall be confidential as provided in Section 5-150 of
5 this Act.
6 (Source: P.A. 89-17, eff. 5-31-95; 89-21, eff. 7-1-95;
7 89-626, eff. 8-9-96; 90-27, eff. 1-1-98; 90-28, eff. 1-1-98;
8 90-87, eff. 9-1-97; 90-590, eff. 1-1-99; 90-608, eff.
9 6-30-98; 90-655, eff. 7-30-98; revised 9-16-98.)
10 (705 ILCS 405/2-30) (from Ch. 37, par. 802-30)
11 Sec. 2-30. Notice to putative father; service.
12 1. Upon the written request to any clerk of any circuit
13 court by any interested party, including persons intending to
14 adopt a child, a child welfare agency with whom the mother
15 has placed or has given written notice of her intention to
16 place a child for adoption, the mother of a child, or any
17 attorney representing an interested party, a notice may be
18 served on a putative father in the same manner as Summons is
19 served in other proceedings under this Act, or in lieu of
20 personal service, service may be made as follows:
21 (a) The person requesting notice shall furnish to
22 the clerk an original and one copy of a notice together
23 with an affidavit setting forth the putative father's
24 last known address. The original notice shall be retained
25 by the clerk.
26 (b) The clerk forthwith shall mail to the putative
27 father, at the address appearing in the affidavit, the
28 copy of the notice, certified mail, return receipt
29 requested; the envelope and return receipt shall bear the
30 return address of the clerk. The receipt for certified
31 mail shall state the name and address of the addressee,
32 and the date of mailing, and shall be attached to the
33 original notice.
-1303- LRB9101253EGfg
1 (c) The return receipt, when returned to the clerk,
2 shall be attached to the original notice, and shall
3 constitute proof of service.
4 (d) The clerk shall note the fact of service in a
5 permanent record.
6 2. The notice shall be signed by the clerk, and may be
7 served on the putative father at any time after conception,
8 and shall read as follows:
9 "IN THE MATTER OF NOTICE TO ....., PUTATIVE FATHER.
10 You have been identified as the father of a child (born
11 or on the ..... day of ....., 19..), (expected to be born on
12 or about (insert date) the ..... day of ....., 19..). The
13 mother of said child is .....
14 The mother has indicated she intends to place the child
15 for adoption or otherwise have a judgment entered terminating
16 her rights with respect to such child.
17 As the alleged father of said child, you have certain
18 legal rights with respect to said child, including the right
19 to notice of the filing of proceedings instituted for the
20 termination of your parental rights regarding said child. If
21 you wish to retain your rights with respect to said child,
22 you must file with the Clerk of this Circuit Court of .....,
23 County, Illinois, whose address is ....., ....., Illinois,
24 within 30 days after the date of receipt of this notice, a
25 declaration of paternity stating that you are, in fact, the
26 father of said child and that you intend to retain your legal
27 rights with respect to said child, or request to be notified
28 of any further proceedings with respect to custody,
29 termination of parental rights or adoption of the child.
30 If you do not file such a declaration of paternity, or a
31 request for notice, then whatever legal rights you have with
32 respect to said child, including the right to notice of any
33 future proceedings for the adoption of said child, may be
34 terminated without any further notice to you. When your legal
-1304- LRB9101253EGfg
1 rights with respect to said child are so terminated, you will
2 not be entitled to notice of any proceeding instituted for
3 the adoption of said child.
4 If you are not the father of said child, you may file
5 with the Clerk of this Court, a disclaimer of paternity which
6 will be noted in the Clerk's file and you will receive no
7 further notice with respect to said child.".
8 The disclaimer of paternity shall be substantially as
9 follows:
10 "IN THE CIRCUIT COURT OF THE
11 .......... JUDICIAL CIRCUIT, ILLINOIS
12 .......... County
13 )
14 )
15 ) No. )
16 )
17 DENIAL OF PATERNITY WITH ENTRY OF APPEARANCE
18 AND CONSENT TO ADOPTION
19 I, .........., state as follows:
20 (1) That I am ..... years of age; and I reside at
21 .......... in the County of .........., State of ...........
22 (2) That I have been advised that .......... is the
23 mother of a .....male child named ..... born or expected to
24 be born on or about ..... and that such mother has stated
25 that I am the father of this child.
26 (3) I deny that I am the father of this child.
27 (4) I further understand that the mother of this child
28 wishes to consent to the adoption of the child. I hereby
29 consent to the adoption of this child, and waive any rights,
30 remedies and defenses that I may now or in the future have as
31 a result of the mother's allegation of the paternity of this
32 child. This consent is being given in order to facilitate
33 the adoption of the child and so that the court may terminate
34 what rights I may have to the child as a result of being
-1305- LRB9101253EGfg
1 named the father by the mother. This consent is not in any
2 manner an admission of paternity.
3 (5) I hereby enter my appearance in the above entitled
4 cause and waive service of summons and other pleading and
5 consent to an immediate hearing on a petition TO TERMINATE
6 PARENTAL RIGHTS AND TO APPOINT A GUARDIAN WITH THE POWER TO
7 CONSENT TO THE ADOPTION OF THIS CHILD.
8 OATH
9 I have been duly sworn and I say under oath that I have
10 read and understood this Denial of Paternity With Entry of
11 Appearance and Consent to Adoption. The facts it contains
12 are true and correct to the best of my knowledge, and I
13 understand that by signing this document I have not admitted
14 paternity. I have signed this document as my free and
15 voluntary act in order to facilitate the adoption of the
16 child.
17 ...........
18 (signature)
19 Dated (insert date).
20 this ..... day of ....., 19...
21 Signed and sworn before me on (insert date).
22 this ..... day of ....., 19...
23 .................
24 (notary public)".
25 The names of adoptive parents, if any, shall not be
26 included in the notice.
27 3. If the putative father files a disclaimer of
28 paternity, he shall be deemed not to be the father of the
29 child with respect to any adoption or other proceeding held
30 to terminate the rights of parents as respects such child.
31 4. In the event the putative father does not file a
32 declaration of paternity of the child or request for notice
33 within 30 days of service of the above notice, he need not be
34 made a party to or given notice of any proceeding brought for
-1306- LRB9101253EGfg
1 the adoption of the child. An order or judgment may be
2 entered in such proceeding terminating all of his rights with
3 respect to said child without further notice to him.
4 5. If the putative father files a declaration of
5 paternity or a request for notice in accordance with
6 subsection 2 with respect to the child, he shall be given
7 notice in the event any proceeding is brought for the
8 adoption of the child or for termination of parents' rights
9 of the child.
10 6. The Clerk shall maintain separate numbered files and
11 records of requests and proofs of service and all other
12 documents filed pursuant to this article. All such records
13 shall be impounded.
14 (Source: P.A. 85-601; revised 10-20-98.)
15 (705 ILCS 405/3-18) (from Ch. 37, par. 803-18)
16 Sec. 3-18. Notice by certified mail or publication.
17 (1) If service on individuals as provided in Section
18 3-17 is not made on any respondent within a reasonable time
19 or if it appears that any respondent resides outside the
20 State, service may be made by certified mail. In such case
21 the clerk shall mail the summons and a copy of the petition
22 to that respondent by certified mail marked for delivery to
23 addressee only. The court shall not proceed with the
24 adjudicatory hearing until 5 days after such mailing. The
25 regular return receipt for certified mail is sufficient proof
26 of service.
27 (2) If service upon individuals as provided in Section
28 3-17 is not made on any respondents within a reasonable time
29 or if any person is made a respondent under the designation
30 of "All whom it may Concern", or if service cannot be made
31 because the whereabouts of a respondent are unknown, service
32 may be made by publication. The clerk of the court as soon
33 as possible shall cause publication to be made once in a
-1307- LRB9101253EGfg
1 newspaper of general circulation in the county where the
2 action is pending. Notice by publication is not required in
3 any case when the person alleged to have legal custody of the
4 minor has been served with summons personally or by certified
5 mail, but the court may not enter any order or judgment
6 against any person who cannot be served with process other
7 than by publication unless notice by publication is given or
8 unless that person appears. When a minor has been sheltered
9 under Section 3-12 of this Act and summons has not been
10 served personally or by certified mail within 20 days from
11 the date of the order of the court directing such shelter
12 care, the clerk of the court shall cause publication. Notice
13 by publication shall be substantially as follows:
14 "A, B, C, D, (here giving the names of the named
15 respondents, if any) and to All Whom It May Concern (if there
16 is any respondent under that designation):
17 Take notice that on (insert date) the .... day of ....,
18 19.. a petition was filed under the Juvenile Court Act of
19 1987 by .... in the circuit court of .... county entitled 'In
20 the interest of ...., a minor', and that in .... courtroom at
21 .... on (insert date) the .... day of .... at the hour of
22 ...., or as soon thereafter as this cause may be heard, an
23 adjudicatory hearing will be held upon the petition to have
24 the child declared to be a ward of the court under that Act.
25 The court has authority in this proceeding to take from you
26 the custody and guardianship of the minor, (and if the
27 petition prays for the appointment of a guardian with power
28 to consent to adoption) and to appoint a guardian with power
29 to consent to adoption of the minor.
30 Now, unless you appear at the hearing and show cause
31 against the petition, the allegations of the petition may
32 stand admitted as against you and each of you, and an order
33 or judgment entered.
34 ......................
-1308- LRB9101253EGfg
1 Clerk
2 Dated (insert the date of publication)"
3 (3) The clerk shall also at the time of the publication
4 of the notice send a copy thereof by mail to each of the
5 respondents on account of whom publication is made at his or
6 her last known address. The certificate of the clerk that he
7 or she has mailed the notice is evidence thereof. No other
8 publication notice is required. Every respondent notified by
9 publication under this Section must appear and answer in open
10 court at the hearing. The court may not proceed with the
11 adjudicatory hearing until 10 days after service by
12 publication on any custodial parent, guardian or legal
13 custodian in the case of a minor requiring authoritative
14 intervention.
15 (4) If it becomes necessary to change the date set for
16 the hearing in order to comply with Section 3-17 or with this
17 Section, notice of the resetting of the date must be given,
18 by certified mail or other reasonable means, to each
19 respondent who has been served with summons personally or by
20 certified mail.
21 (Source: P.A. 85-601; revised 10-20-98.)
22 (705 ILCS 405/3-31) (from Ch. 37, par. 803-31)
23 Sec. 3-31. Notice to putative father; service.
24 1. Upon the written request to any Clerk of any Circuit
25 Court by any interested party, including persons intending to
26 adopt a child, a child welfare agency with whom the mother
27 has placed or has given written notice of her intention to
28 place a child for adoption, the mother of a child, or any
29 attorney representing an interested party, a notice may be
30 served on a putative father in the same manner as Summons is
31 served in other proceedings under this Act, or in lieu of
32 personal service, service may be made as follows:
33 (a) The person requesting notice shall furnish to
-1309- LRB9101253EGfg
1 the Clerk an original and one copy of a notice together
2 with an Affidavit setting forth the putative father's
3 last known address. The original notice shall be retained
4 by the Clerk.
5 (b) The Clerk forthwith shall mail to the putative
6 father, at the address appearing in the Affidavit, the
7 copy of the notice, certified mail, return receipt
8 requested; the envelope and return receipt shall bear the
9 return address of the Clerk. The receipt for certified
10 mail shall state the name and address of the addressee,
11 and the date of mailing, and shall be attached to the
12 original notice.
13 (c) The return receipt, when returned to the Clerk,
14 shall be attached to the original notice, and shall
15 constitute proof of service.
16 (d) The Clerk shall note the fact of service in a
17 permanent record.
18 2. The notice shall be signed by the Clerk, and may be
19 served on the putative father at any time after conception,
20 and shall read as follows:
21 "IN THE MATTER OF NOTICE TO ....., PUTATIVE FATHER.
22 You have been identified as the father of a child (born
23 on the ..... day of ....., 19..), or (expected to be born on
24 or about (insert date). the ..... day of ....., 19..). The
25 mother of said child is .....
26 The mother has indicated she intends to place the child
27 for adoption or otherwise have a judgment entered terminating
28 her rights with respect to such child.
29 As the alleged father of said child, you have certain
30 legal rights with respect to said child, including the right
31 to notice of the filing of proceedings instituted for the
32 termination of your parental rights regarding said child. If
33 you wish to retain your rights with respect to said child,
34 you must file with the Clerk of this Circuit Court of .....,
-1310- LRB9101253EGfg
1 County, Illinois, whose address is ....., ....., Illinois,
2 within 30 days after the date of receipt of this notice, a
3 declaration of paternity stating that you are, in fact, the
4 father of said child and that you intend to retain your legal
5 rights with respect to said child, or request to be notified
6 of any further proceedings with respect to custody,
7 termination of parental rights or adoption of the child.
8 If you do not file such a declaration of paternity, or a
9 request for notice, then whatever legal rights you have with
10 respect to said child, including the right to notice of any
11 future proceedings for the adoption of said child, may be
12 terminated without any further notice to you. When your legal
13 rights with respect to said child are so terminated, you will
14 not be entitled to notice of any proceeding instituted for
15 the adoption of said child.
16 If you are not the father of said child, you may file
17 with the Clerk of this Court, a disclaimer of paternity which
18 will be noted in the Clerk's file and you will receive no
19 further notice with respect to said child.".
20 The disclaimer of paternity shall be substantially as
21 follows:
22 "IN THE CIRCUIT COURT OF THE
23 .......... JUDICIAL CIRCUIT, ILLINOIS
24 .......... County
25 )
26 )
27 ) No. )
28 )
29 DENIAL OF PATERNITY WITH ENTRY OF APPEARANCE
30 AND CONSENT TO ADOPTION
31 I, .........., state as follows:
32 (1) That I am ..... years of age; and I reside at
33 .......... in the County of .........., State of ...........
34 (2) That I have been advised that .......... is the
-1311- LRB9101253EGfg
1 mother of a .....male child named ..... born or expected to
2 be born on or about ..... and that such mother has stated
3 that I am the father of this child.
4 (3) I deny that I am the father of this child.
5 (4) I further understand that the mother of this child
6 wishes to consent to the adoption of the child. I hereby
7 consent to the adoption of this child, and waive any rights,
8 remedies and defenses that I may now or in the future have as
9 a result of the mother's allegation of the paternity of this
10 child. This consent is being given in order to facilitate
11 the adoption of the child and so that the court may terminate
12 what rights I may have to the child as a result of being
13 named the father by the mother. This consent is not in any
14 manner an admission of paternity.
15 (5) I hereby enter my appearance in the above entitled
16 cause and waive service of summons and other pleading and
17 consent to an immediate hearing on a petition TO TERMINATE
18 PARENTAL RIGHTS AND TO APPOINT A GUARDIAN WITH THE POWER TO
19 CONSENT TO THE ADOPTION OF THIS CHILD.
20 OATH
21 I have been duly sworn and I say under oath that I have
22 read and understood this Denial of Paternity With Entry of
23 Appearance and Consent to Adoption. The facts it contains are
24 true and correct to the best of my knowledge, and I
25 understand that by signing this document I have not admitted
26 paternity. I have signed this document as my free and
27 voluntary act in order to facilitate the adoption of the
28 child.
29 ...........
30 (signature)
31 Dated (insert date). this ..... day of ....., 19...
32 Signed and sworn before me on (insert date).
33 this ..... day of ....., 19...
34 .................
-1312- LRB9101253EGfg
1 (notary public)".
2 The names of adoptive parents, if any, shall not be
3 included in the notice.
4 3. If the putative father files a disclaimer of
5 paternity, he shall be deemed not to be the father of the
6 child with respect to any adoption or other proceeding held
7 to terminate the rights of parents as respects such child.
8 4. In the event the putative father does not file a
9 declaration of paternity of the child or request for notice
10 within 30 days of service of the above notice, he need not be
11 made a party to or given notice of any proceeding brought for
12 the adoption of the child. An Order or Judgment may be
13 entered in such proceeding terminating all of his rights with
14 respect to said child without further notice to him.
15 5. If the putative father files a declaration of
16 paternity or a request for notice in accordance with
17 subsection 2 with respect to the child, he shall be given
18 notice in the event any proceeding is brought for the
19 adoption of the child or for termination of parents' rights
20 of the child.
21 6. The Clerk shall maintain separate numbered files and
22 records of requests and proofs of service and all other
23 documents filed pursuant to this article. All such records
24 shall be impounded.
25 (Source: P.A. 85-601; revised 10-20-98.)
26 (705 ILCS 405/4-15) (from Ch. 37, par. 804-15)
27 Sec. 4-15. Notice by certified mail or publication.
28 (1) If service on individuals as provided in Section
29 4-14 is not made on any respondent within a reasonable time
30 or if it appears that any respondent resides outside the
31 State, service may be made by certified mail. In such case
32 the clerk shall mail the summons and a copy of the petition
33 to that respondent by certified mail marked for delivery to
-1313- LRB9101253EGfg
1 addressee only. The court shall not proceed with the
2 adjudicatory hearing until 5 days after such mailing. The
3 regular return receipt for certified mail is sufficient proof
4 of service.
5 (2) If service upon individuals as provided in Section
6 4-14 is not made on any respondents within a reasonable time
7 or if any person is made a respondent under the designation
8 of "All whom it may Concern", or if service cannot be made
9 because the whereabouts of a respondent are unknown, service
10 may be made by publication. The clerk of the court as soon
11 as possible shall cause publication to be made once in a
12 newspaper of general circulation in the county where the
13 action is pending. Notice by publication is not required in
14 any case when the person alleged to have legal custody of the
15 minor has been served with summons personally or by certified
16 mail, but the court may not enter any order or judgment
17 against any person who cannot be served with process other
18 than by publication unless notice by publication is given or
19 unless that person appears. When a minor has been sheltered
20 under Section 4-6 of this Act and summons has not been served
21 personally or by certified mail within 20 days from the date
22 of the order of court directing such shelter care, the clerk
23 of the court shall cause publication. Notice by publication
24 shall be substantially as follows:
25 "A, B, C, D, (here giving the names of the named
26 respondents, if any) and to All Whom It May Concern (if there
27 is any respondent under that designation):
28 Take notice that on (insert date) the .... day of ....,
29 19.. a petition was filed under the Juvenile Court Act of
30 1987 by .... in the circuit court of .... county entitled 'In
31 the interest of ...., a minor', and that in .... courtroom at
32 .... on the .... day of .... at the hour of ...., or as soon
33 thereafter as this cause may be heard, an adjudicatory
34 hearing will be held upon the petition to have the child
-1314- LRB9101253EGfg
1 declared to be a ward of the court under that Act. The court
2 has authority in this proceeding to take from you the custody
3 and guardianship of the minor, (and if the petition prays for
4 the appointment of a guardian with power to consent to
5 adoption) and to appoint a guardian with power to consent to
6 adoption of the minor.
7 Now, unless you appear at the hearing and show cause
8 against the petition, the allegations of the petition may
9 stand admitted as against you and each of you, and an order
10 or judgment entered.
11 ......................
12 Clerk
13 Dated (insert the date of publication)"
14 (3) The clerk shall also at the time of the publication
15 of the notice send a copy thereof by mail to each of the
16 respondents on account of whom publication is made at his or
17 her last known address. The certificate of the clerk that he
18 or she has mailed the notice is evidence thereof. No other
19 publication notice is required. Every respondent notified by
20 publication under this Section must appear and answer in open
21 court at the hearing. The court may not proceed with the
22 adjudicatory hearing until 10 days after service by
23 publication on any custodial parent, guardian or legal
24 custodian.
25 (4) If it becomes necessary to change the date set for
26 the hearing in order to comply with Section 4-14 or with this
27 Section, notice of the resetting of the date must be given,
28 by certified mail or other reasonable means, to each
29 respondent who has been served with summons personally or by
30 certified mail.
31 (Source: P.A. 85-601; revised 10-20-98.)
32 (705 ILCS 405/4-28) (from Ch. 37, par. 804-28)
33 Sec. 4-28. Notice to putative father.
-1315- LRB9101253EGfg
1 1. Upon the written request to any Clerk of any Circuit
2 Court by any interested party, including persons intending to
3 adopt a child, a child welfare agency with whom the mother
4 has placed or has given written notice of her intention to
5 place a child for adoption, the mother of a child, or any
6 attorney representing an interested party, a notice may be
7 served on a putative father in the same manner as Summons is
8 served in other proceedings under this Act, or in lieu of
9 personal service, service may be made as follows:
10 (a) The person requesting notice shall furnish to
11 the Clerk an original and one copy of a notice together
12 with an Affidavit setting forth the putative father's
13 last known address. The original notice shall be retained
14 by the Clerk.
15 (b) The Clerk forthwith shall mail to the putative
16 father, at the address appearing in the Affidavit, the
17 copy of the notice, certified mail, return receipt
18 requested; the envelope and return receipt shall bear the
19 return address of the Clerk. The receipt for certified
20 mail shall state the name and address of the addressee,
21 and the date of mailing, and shall be attached to the
22 original notice.
23 (c) The return receipt, when returned to the Clerk,
24 shall be attached to the original notice, and shall
25 constitute proof of service.
26 (d) The Clerk shall note the fact of service in a
27 permanent record.
28 2. The notice shall be signed by the Clerk, and may be
29 served on the putative father at any time after conception,
30 and shall read as follows:
31 "IN THE MATTER OF NOTICE TO ....., PUTATIVE FATHER.
32 You have been identified as the father of a child (born
33 on the ..... day of ....., 19..), or (expected to be born on
34 or about (insert date). the ..... day of ....., 19..). The
-1316- LRB9101253EGfg
1 mother of said child is .....
2 The mother has indicated she intends to place the child
3 for adoption or otherwise have a judgment entered terminating
4 her rights with respect to such child.
5 As the alleged father of said child, you have certain
6 legal rights with respect to said child, including the right
7 to notice of the filing of proceedings instituted for the
8 termination of your parental rights regarding said child. If
9 you wish to retain your rights with respect to said child,
10 you must file with the Clerk of this Circuit Court of .....,
11 County, Illinois, whose address is ....., ....., Illinois,
12 within 30 days after the date of receipt of this notice, a
13 declaration of paternity stating that you are, in fact, the
14 father of said child and that you intend to retain your legal
15 rights with respect to said child, or request to be notified
16 of any further proceedings with respect to custody,
17 termination of parental rights or adoption of the child.
18 If you do not file such a declaration of paternity, or a
19 request for notice, then whatever legal rights you have with
20 respect to said child, including the right to notice of any
21 future proceedings for the adoption of said child, may be
22 terminated without any further notice to you. When your legal
23 rights with respect to said child are so terminated, you will
24 not be entitled to notice of any proceeding instituted for
25 the adoption of said child.
26 If you are not the father of said child, you may file
27 with the Clerk of this Court, a disclaimer of paternity which
28 will be noted in the Clerk's file and you will receive no
29 further notice with respect to said child.".
30 The disclaimer of paternity shall be substantially as
31 follows:
32 "IN THE CIRCUIT COURT OF THE
33 .......... JUDICIAL CIRCUIT, ILLINOIS
34 .......... County
-1317- LRB9101253EGfg
1 )
2 )
3 ) No. )
4 )
5 DENIAL OF PATERNITY WITH ENTRY OF APPEARANCE
6 AND CONSENT TO ADOPTION
7 I, .........., state as follows:
8 (1) That I am ..... years of age; and I reside at
9 .......... in the County of .........., State of ...........
10 (2) That I have been advised that .......... is the
11 mother of a .....male child named ..... born or expected to
12 be born on or about ..... and that such mother has stated
13 that I am the father of this child.
14 (3) I deny that I am the father of this child.
15 (4) I further understand that the mother of this child
16 wishes to consent to the adoption of the child. I hereby
17 consent to the adoption of this child, and waive any rights,
18 remedies and defenses that I may now or in the future have as
19 a result of the mother's allegation of the paternity of this
20 child. This consent is being given in order to facilitate
21 the adoption of the child and so that the court may terminate
22 what rights I may have to the child as a result of being
23 named the father by the mother. This consent is not in any
24 manner an admission of paternity.
25 (5) I hereby enter my appearance in the above entitled
26 cause and waive service of summons and other pleading and
27 consent to an immediate hearing on a petition TO TERMINATE
28 PARENTAL RIGHTS AND TO APPOINT A GUARDIAN WITH THE POWER TO
29 CONSENT TO THE ADOPTION OF THIS CHILD.
30 OATH
31 I have been duly sworn and I say under oath that I have
32 read and understood this Denial of Paternity With Entry of
33 Appearance and Consent to Adoption. The facts it contains are
34 true and correct to the best of my knowledge, and I
-1318- LRB9101253EGfg
1 understand that by signing this document I have not admitted
2 paternity. I have signed this document as my free and
3 voluntary act in order to facilitate the adoption of the
4 child.
5 ...........
6 (signature)
7 Dated (insert date).
8 this ..... day of ....., 19...
9 Signed and sworn before me on (insert date).
10 this ..... day of ....., 19...
11 .................
12 (notary public)".
13 The names of adoptive parents, if any, shall not be
14 included in the notice.
15 3. If the putative father files a disclaimer of
16 paternity, he shall be deemed not to be the father of the
17 child with respect to any adoption or other proceeding held
18 to terminate the rights of parents as respects such child.
19 4. In the event the putative father does not file a
20 declaration of paternity of the child or request for notice
21 within 30 days of service of the above notice, he need not be
22 made a party to or given notice of any proceeding brought for
23 the adoption of the child. An Order or Judgment may be
24 entered in such proceeding terminating all of his rights with
25 respect to said child without further notice to him.
26 5. If the putative father files a declaration of
27 paternity or a request for notice in accordance with
28 subsection 2 with respect to the child, he shall be given
29 notice in the event any proceeding is brought for the
30 adoption of the child or for termination of parents' rights
31 of the child.
32 6. The Clerk shall maintain separate numbered files and
33 records of requests and proofs of service and all other
34 documents filed pursuant to this article. All such records
-1319- LRB9101253EGfg
1 shall be impounded.
2 (Source: P.A. 85-601; revised 10-20-98.)
3 (705 ILCS 405/5-135)
4 Sec. 5-135. Venue.
5 (1) Venue under this Article lies in the county where
6 the minor resides, where the alleged violation or attempted
7 violation of federal or, State law or, county or municipal
8 ordinance occurred or in the county where the order of the
9 court, alleged to have been violated by the minor, was made
10 unless subsequent to the order the proceedings have been
11 transferred to another county.
12 (2) If proceedings are commenced in any county other
13 than that of the minor's residence, the court in which the
14 proceedings were initiated may at any time before or after
15 adjudication of wardship transfer the case to the county of
16 the minor's residence by transmitting to the court in that
17 county an authenticated copy of the court record, including
18 all documents, petitions and orders filed in that court, a
19 copy of all reports prepared by the agency providing services
20 to the minor, and the minute orders and docket entries of the
21 court. Transfer in like manner may be made in the event of a
22 change of residence from one county to another of a minor
23 concerning whom proceedings are pending.
24 (Source: P.A. 90-590, eff. 1-1-99; revised 10-28-98.)
25 (705 ILCS 405/5-525)
26 Sec. 5-525. Service.
27 (1) Service by summons.
28 (a) Upon the commencement of a delinquency
29 prosecution, the clerk of the court shall issue a summons
30 with a copy of the petition attached. The summons shall
31 be directed to the minor's parent, guardian or legal
32 custodian and to each person named as a respondent in the
-1320- LRB9101253EGfg
1 petition, except that summons need not be directed (i) to
2 a minor respondent under 8 years of age for whom the
3 court appoints a guardian ad litem if the guardian ad
4 litem appears on behalf of the minor in any proceeding
5 under this Act, or (ii) to a parent who does not reside
6 with the minor, does not make regular child support
7 payments to the minor, to the minor's other parent, or to
8 the minor's legal guardian or custodian pursuant to a
9 support order, and has not communicated with the minor on
10 a regular basis.
11 (b) The summons must contain a statement that the
12 minor is entitled to have an attorney present at the
13 hearing on the petition, and that the clerk of the court
14 should be notified promptly if the minor desires to be
15 represented by an attorney but is financially unable to
16 employ counsel.
17 (c) The summons shall be issued under the seal of
18 the court, attested in and signed with the name of the
19 clerk of the court, dated on the day it is issued, and
20 shall require each respondent to appear and answer the
21 petition on the date set for the adjudicatory hearing.
22 (d) The summons may be served by any law
23 enforcement officer, coroner or probation officer, even
24 though the officer is the petitioner. The return of the
25 summons with endorsement of service by the officer is
26 sufficient proof of service.
27 (e) Service of a summons and petition shall be made
28 by: (i) leaving a copy of the summons and petition with
29 the person summoned at least 3 days before the time
30 stated in the summons for appearance; (ii) leaving a
31 copy at his or her usual place of abode with some person
32 of the family, of the age of 10 years or upwards, and
33 informing that person of the contents of the summons and
34 petition, provided, the officer or other person making
-1321- LRB9101253EGfg
1 service shall also send a copy of the summons in a sealed
2 envelope with postage fully prepaid, addressed to the
3 person summoned at his or her usual place of abode, at
4 least 3 days before the time stated in the summons for
5 appearance; or (iii) leaving a copy of the summons and
6 petition with the guardian or custodian of a minor, at
7 least 3 days before the time stated in the summons for
8 appearance. If the guardian or legal custodian is an
9 agency of the State of Illinois, proper service may be
10 made by leaving a copy of the summons and petition with
11 any administrative employee of the agency designated by
12 the agency to accept the service of summons and
13 petitions. The certificate of the officer or affidavit
14 of the person that he or she has sent the copy pursuant
15 to this Section is sufficient proof of service.
16 (f) When a parent or other person, who has signed a
17 written promise to appear and bring the minor to court or
18 who has waived or acknowledged service, fails to appear
19 with the minor on the date set by the court, a bench
20 warrant may be issued for the parent or other person, the
21 minor, or both.
22 (2) Service by certified mail or publication.
23 (a) If service on individuals as provided in
24 subsection (1) is not made on any respondent within a
25 reasonable time or if it appears that any respondent
26 resides outside the State, service may be made by
27 certified mail. In that case the clerk shall mail the
28 summons and a copy of the petition to that respondent by
29 certified mail marked for delivery to addressee only.
30 The court shall not proceed with the adjudicatory hearing
31 until 5 days after the mailing. The regular return
32 receipt for certified mail is sufficient proof of
33 service.
34 (b) If service upon individuals as provided in
-1322- LRB9101253EGfg
1 subsection (1) is not made on any respondents within a
2 reasonable time or if any person is made a respondent
3 under the designation of "All Whom It May Concern", or if
4 service cannot be made because the whereabouts of a
5 respondent are unknown, service may be made by
6 publication. The clerk of the court as soon as possible
7 shall cause publication to be made once in a newspaper of
8 general circulation in the county where the action is
9 pending. Service by publication is not required in any
10 case when the person alleged to have legal custody of the
11 minor has been served with summons personally or by
12 certified mail, but the court may not enter any order or
13 judgment against any person who cannot be served with
14 process other than by publication unless service by
15 publication is given or unless that person appears.
16 Failure to provide service by publication to a
17 non-custodial parent whose whereabouts are unknown shall
18 not deprive the court of jurisdiction to proceed with a
19 trial or a plea of delinquency by the minor. When a
20 minor has been detained or sheltered under Section 5-501
21 of this Act and summons has not been served personally or
22 by certified mail within 20 days from the date of the
23 order of court directing such detention or shelter care,
24 the clerk of the court shall cause publication. Service
25 by publication shall be substantially as follows:
26 "A, B, C, D, (here giving the names of the
27 named respondents, if any) and to All Whom It May
28 Concern (if there is any respondent under that
29 designation):
30 Take notice that on (insert date) the .... day
31 of ...., 19.. a petition was filed under the
32 Juvenile Court Act of 1987 by .... in the circuit
33 court of .... county entitled 'In the interest of
34 ...., a minor', and that in .... courtroom at ....
-1323- LRB9101253EGfg
1 on (insert date) the .... day of .... at the hour of
2 ...., or as soon thereafter as this cause may be
3 heard, an adjudicatory hearing will be held upon the
4 petition to have the child declared to be a ward of
5 the court under that Act. The court has authority
6 in this proceeding to take from you the custody and
7 guardianship of the minor.
8 Now, unless you appear at the hearing and show
9 cause against the petition, the allegations of the
10 petition may stand admitted as against you and each
11 of you, and an order or judgment entered.
12 ........................................
13 Clerk
14 Dated (insert the date of publication)"
15 (c) The clerk shall also at the time of the
16 publication of the notice send a copy of the notice by
17 mail to each of the respondents on account of whom
18 publication is made at his or her last known address.
19 The certificate of the clerk that he or she has mailed
20 the notice is evidence of that mailing. No other
21 publication notice is required. Every respondent
22 notified by publication under this Section must appear
23 and answer in open court at the hearing. The court may
24 not proceed with the adjudicatory hearing until 10 days
25 after service by publication on any custodial parent,
26 guardian or legal custodian of a minor alleged to be
27 delinquent.
28 (d) If it becomes necessary to change the date set
29 for the hearing in order to comply with this Section,
30 notice of the resetting of the date must be given, by
31 certified mail or other reasonable means, to each
32 respondent who has been served with summons personally or
33 by certified mail.
34 (3) Once jurisdiction has been established over a
-1324- LRB9101253EGfg
1 party, further service is not required and notice of any
2 subsequent proceedings in that prosecution shall be made
3 in accordance with provisions of Section 5-530.
4 (4) The appearance of the minor's parent, guardian
5 or legal custodian, or a person named as a respondent in
6 a petition, in any proceeding under this Act shall
7 constitute a waiver of service and submission to the
8 jurisdiction of the court. A copy of the petition shall
9 be provided to the person at the time of his or her
10 appearance.
11 (Source: P.A. 90-590, eff. 1-1-99; revised 10-19-98.)
12 (705 ILCS 405/5-805)
13 Sec. 5-805. Transfer of jurisdiction.
14 (1) Mandatory transfers.
15 (a) If a petition alleges commission by a minor 15
16 years of age or older of an act that constitutes a
17 forcible felony under the laws of this State, and if a
18 motion by the State's Attorney to prosecute the minor
19 under the criminal laws of Illinois for the alleged
20 forcible felony alleges that (i) the minor has previously
21 been adjudicated delinquent or found guilty for
22 commission of an act that constitutes a felony under the
23 laws of this State or any other state and (ii) the act
24 that constitutes the offense was committed in furtherance
25 of criminal activity by an organized gang, the Juvenile
26 Judge assigned to hear and determine those motions shall,
27 upon determining that there is probable cause that both
28 allegations are true, enter an order permitting
29 prosecution under the criminal laws of Illinois.
30 (b) If a petition alleges commission by a minor 15
31 years of age or older of an act that constitutes a felony
32 under the laws of this State, and if a motion by a
33 State's Attorney to prosecute the minor under the
-1325- LRB9101253EGfg
1 criminal laws of Illinois for the alleged felony alleges
2 that (i) the minor has previously been adjudicated
3 delinquent or found guilty for commission of an act that
4 constitutes a forcible felony under the laws of this
5 State or any other state and (ii) the act that
6 constitutes the offense was committed in furtherance of
7 criminal activities by an organized gang, the Juvenile
8 Judge assigned to hear and determine those motions shall,
9 upon determining that there is probable cause that both
10 allegations are true, enter an order permitting
11 prosecution under the criminal laws of Illinois.
12 (c) If a petition alleges commission by a minor 15
13 years of age or older of: (i) an act that constitutes an
14 offense enumerated in the presumptive transfer provisions
15 of subsection (2); and (ii) the minor has previously been
16 adjudicated delinquent or found guilty of a forcible
17 felony, the Juvenile Judge designated to hear and
18 determine those motions shall, upon determining that
19 there is probable cause that both allegations are true,
20 enter an order permitting prosecution under the criminal
21 laws of Illinois.
22 (2) Presumptive transfer.
23 (a) If the State's Attorney files a petition, at
24 any time prior to commencement of the minor's trial, to
25 permit prosecution under the criminal laws and the
26 petition alleges the commission by a minor 15 years of
27 age or older of: (i) a Class X felony other than armed
28 violence; (ii) aggravated discharge of a firearm; (iii)
29 armed violence with a firearm when the predicate offense
30 is a Class 1 or Class 2 felony and the State's Attorney's
31 motion to transfer the case alleges that the offense
32 committed is in furtherance of the criminal activities of
33 an organized gang; (iv) armed violence with a firearm
34 when the predicate offense is a violation of the Illinois
-1326- LRB9101253EGfg
1 Controlled Substances Act or a violation of the Cannabis
2 Control Act; (v) armed violence when the weapon involved
3 was a machine gun or other weapon described in subsection
4 (a)(7) of Section 24-1 of the Criminal Code of 1961, and,
5 if the juvenile judge assigned to hear and determine
6 motions to transfer a case for prosecution in the
7 criminal court determines that there is probable cause to
8 believe that the allegations in the petition and motion
9 are true, there is a rebuttable presumption that the
10 minor is not a fit and proper subject to be dealt with
11 under the Juvenile Justice Reform Provisions of 1998
12 (Public Act 90-590), and that, except as provided in
13 paragraph (b), the case should be transferred to the
14 criminal court.
15 (b) The judge shall enter an order permitting
16 prosecution under the criminal laws of Illinois unless
17 the judge makes a finding based on clear and convincing
18 evidence that the minor would be amenable to the care,
19 treatment, and training programs available through the
20 facilities of the juvenile court based on an evaluation
21 of the following:
22 (i) The seriousness of the alleged offense;
23 (ii) The minor's history of delinquency;
24 (iii) The age of the minor;
25 (iv) The culpability of the minor in committing
26 the alleged offense;
27 (v) Whether the offense was committed in an
28 aggressive or premeditated manner;
29 (vi) Whether the minor used or possessed a deadly
30 weapon when committing the alleged offense;
31 (vii) The minor's history of services, including
32 the minor's willingness to participate meaningfully in
33 available services;
34 (viii) Whether there is a reasonable likelihood that
-1327- LRB9101253EGfg
1 the minor can be rehabilitated before the expiration of
2 the juvenile court's jurisdiction;
3 (ix) The adequacy of the punishment or services
4 available in the juvenile justice system.
5 In considering these factors, the court shall give
6 greater weight to the seriousness of the alleged offense and
7 the minor's prior record of delinquency than to the other
8 factors listed in this subsection.
9 (3) Discretionary transfer.
10 (a) If a petition alleges commission by a minor 13
11 years of age or over of an act that constitutes a crime
12 under the laws of this State and, on motion of the
13 State's Attorney to permit prosecution of the minor under
14 the criminal laws, a Juvenile Judge assigned by the Chief
15 Judge of the Circuit to hear and determine those motions,
16 after hearing but before commencement of the trial, finds
17 that there is probable cause to believe that the
18 allegations in the motion are true and that it is not in
19 the best interests of the public to proceed under this
20 Act, the court may enter an order permitting prosecution
21 under the criminal laws.
22 (b) In making its determination on the motion to
23 permit prosecution under the criminal laws, the court
24 shall consider among other matters:
25 (i) The seriousness of the alleged offense;
26 (ii) The minor's history of delinquency;
27 (iii) The age of the minor;
28 (iv) The culpability of the minor in committing the
29 alleged offense;
30 (v) Whether the offense was committed in an
31 aggressive or premeditated manner;
32 (vi) Whether the minor used or possessed a deadly
33 weapon when committing the alleged offense;
34 (vii) The minor's history of services, including
-1328- LRB9101253EGfg
1 the minor's willingness to participate meaningfully in
2 available services;
3 (viii) The adequacy of the punishment or services
4 available in the juvenile justice system.
5 In considering these factors, the court shall give
6 greater weight to the seriousness of the alleged offense and
7 the minor's prior record of delinquency than to the other
8 factors listed in this subsection.
9 (4) The rules of evidence for this hearing shall be the
10 same as under Section 5-705 of this Act. A minor must be
11 represented in court by counsel before the hearing may be
12 commenced.
13 (5) If criminal proceedings are instituted, the petition
14 for adjudication of wardship shall be dismissed insofar as
15 the act or acts involved in the criminal proceedings. Taking
16 of evidence in a trial on petition for adjudication of
17 wardship is a bar to criminal proceedings based upon the
18 conduct alleged in the petition.
19 (Source: P.A. 90-590, eff. 1-1-99; revised 10-28-98.)
20 (705 ILCS 405/6-1) (from Ch. 37, par. 806-1)
21 Sec. 6-1. Probation departments; functions and duties.
22 (1) The chief judge of each circuit shall make provision
23 for probation services for each county in his or her circuit.
24 The appointment of officers to probation or court services
25 departments and the administration of such departments shall
26 be governed by the provisions of the Probation and Probation
27 Officers Act.
28 (2) Every county or every group of counties constituting
29 a probation district shall maintain a court services or a
30 probation department subject to the provisions of the
31 Probation and Probation Officers Act. For the purposes of
32 this Act, such a court services or probation department has,
33 but is not limited to, the following powers and duties:
-1329- LRB9101253EGfg
1 (a) When authorized or directed by the court, to
2 receive, investigate and evaluate complaints indicating
3 dependency, requirement of authoritative intervention,
4 addiction or delinquency within the meaning of Sections
5 2-3, 2-4, 3-3, 4-3 or 5-105, respectively; to determine
6 or assist the complainant in determining whether a
7 petition should be filed under Sections 2-13, 3-15, 4-12
8 or 5-520 or whether referral should be made to an agency,
9 association or other person or whether some other action
10 is advisable; and to see that the indicating filing,
11 referral or other action is accomplished. However, no
12 such investigation, evaluation or supervision by such
13 court services or probation department is to occur with
14 regard to complaints indicating only that a minor may be
15 a chronic or habitual truant.
16 (b) When a petition is filed under Section 2-13,
17 3-15, 4-15 or 5-520, to make pre-hearing investigations
18 and formulate recommendations to the court when the court
19 has authorized or directed the department to do so.
20 (c) To counsel and, by order of the court, to
21 supervise minors referred to the court; to conduct
22 indicated programs of casework, including referrals for
23 medical and mental health service, organized recreation
24 and job placement for wards of the court and, when
25 appropriate, for members of the family of a ward; to act
26 as liaison officer between the court and agencies or
27 associations to which minors are referred or through
28 which they are placed; when so appointed, to serve as
29 guardian of the person of a ward of the court; to provide
30 probation supervision and protective supervision ordered
31 by the court; and to provide like services to wards and
32 probationers of courts in other counties or jurisdictions
33 who have lawfully become local residents.
34 (d) To arrange for placements pursuant to court
-1330- LRB9101253EGfg
1 order.
2 (e) To assume administrative responsibility for
3 such detention, shelter care and other institutions for
4 minors as the court may operate.
5 (f) To maintain an adequate system of case records,
6 statistical records, and financial records related to
7 juvenile detention and shelter care and to make reports
8 to the court and other authorized persons, and to the
9 Supreme Court pursuant to the Probation and Probation
10 Officers Act.
11 (g) To perform such other services as may be
12 appropriate to effectuate the purposes of this Act or as
13 may be directed by any order of court made under this
14 Act.
15 (3) The court services or probation department in any
16 probation district or county having less than 1,000,000
17 inhabitants, or any personnel of the department, may be
18 required by the circuit court to render services to the court
19 in other matters as well as proceedings under this Act.
20 (4) In any county or probation district, a probation
21 department may be established as a separate division of a
22 more inclusive department of court services, with any
23 appropriate divisional designation. The organization of any
24 such department of court services and the appointment of
25 officers and other personnel must comply with the Probation
26 and Probations Officers Act.
27 (Source: P.A. 90-590, eff. 1-1-99; revised 1-14-99.)
28 (705 ILCS 405/6-9) (from Ch. 37, par. 806-9)
29 Sec. 6-9. Enforcement of liability of parents and
30 others.
31 (1) If parentage is at issue in any proceeding under
32 this Act, the Illinois Parentage Act of 1984 shall apply and
33 the court shall enter orders consistent with that Act. If it
-1331- LRB9101253EGfg
1 appears at any hearing that a parent or any other person
2 named in the petition, liable under the law for the support
3 of the minor, is able to contribute to his or her support,
4 the court shall enter an order requiring that parent or other
5 person to pay the clerk of the court, or to the guardian or
6 custodian appointed under Sections 2-27, 3-28, 4-25 or 5-740,
7 a reasonable sum from time to time for the care, support and
8 necessary special care or treatment, of the minor. If the
9 court determines at any hearing that a parent or any other
10 person named in the petition, liable under the law for the
11 support of the minor, is able to contribute to help defray
12 the costs associated with the minor's detention in a county
13 or regional detention center, the court shall enter an order
14 requiring that parent or other person to pay the clerk of the
15 court a reasonable sum for the care and support of the minor.
16 The court may require reasonable security for the payments.
17 Upon failure to pay, the court may enforce obedience to the
18 order by a proceeding as for contempt of court.
19 If it appears that the person liable for the support of
20 the minor is able to contribute to legal fees for
21 representation of the minor, the court shall enter an order
22 requiring that person to pay a reasonable sum for the
23 representation, to the attorney providing the representation
24 or to the clerk of the court for deposit in the appropriate
25 account or fund. The sum may be paid as the court directs,
26 and the payment thereof secured and enforced as provided in
27 this Section for support.
28 If it appears at the detention or shelter care hearing of
29 a minor before the court under Section 5-501 5-10 that a
30 parent or any other person liable for support of the minor is
31 able to contribute to his or her support, that parent or
32 other person shall be required to pay a fee for room and
33 board at a rate not to exceed $10 per day established, with
34 the concurrence of the chief judge of the judicial circuit,
-1332- LRB9101253EGfg
1 by the county board of the county in which the minor is
2 detained unless the court determines that it is in the best
3 interest and welfare of the minor to waive the fee. The
4 concurrence of the chief judge shall be in the form of an
5 administrative order. Each week, on a day designated by the
6 clerk of the circuit court, that parent or other person shall
7 pay the clerk for the minor's room and board. All fees for
8 room and board collected by the circuit court clerk shall be
9 disbursed into the separate county fund under Section 6-7.
10 Upon application, the court shall waive liability for
11 support or legal fees under this Section if the parent or
12 other person establishes that he or she is indigent and
13 unable to pay the incurred liability, and the court may
14 reduce or waive liability if the parent or other person
15 establishes circumstances showing that full payment of
16 support or legal fees would result in financial hardship to
17 the person or his or her family.
18 (2) When a person so ordered to pay for the care and
19 support of a minor is employed for wages, salary or
20 commission, the court may order him to make the support
21 payments for which he is liable under this Act out of his
22 wages, salary or commission and to assign so much thereof as
23 will pay the support. The court may also order him to make
24 discovery to the court as to his place of employment and the
25 amounts earned by him. Upon his failure to obey the orders of
26 court he may be punished as for contempt of court.
27 (3) If the minor is a recipient of public aid under the
28 Illinois Public Aid Code, the court shall order that payments
29 made by a parent or through assignment of his wages, salary
30 or commission be made directly to (a) the Illinois Department
31 of Public Aid if the minor is a recipient of aid under
32 Article V of the Code, (b) the Department of Human Services
33 if the minor is a recipient of aid under Article IV of the
34 Code, or (c) the local governmental unit responsible for the
-1333- LRB9101253EGfg
1 support of the minor if he is a recipient under Articles VI
2 or VII of the Code. The order shall permit the Illinois
3 Department of Public Aid, the Department of Human Services,
4 or the local governmental unit, as the case may be, to direct
5 that subsequent payments be made directly to the guardian or
6 custodian of the minor, or to some other person or agency in
7 the minor's behalf, upon removal of the minor from the public
8 aid rolls; and upon such direction and removal of the minor
9 from the public aid rolls, the Illinois Department of Public
10 Aid, Department of Human Services, or local governmental
11 unit, as the case requires, shall give written notice of such
12 action to the court. Payments received by the Illinois
13 Department of Public Aid, Department of Human Services, or
14 local governmental unit are to be covered, respectively, into
15 the General Revenue Fund of the State Treasury or General
16 Assistance Fund of the governmental unit, as provided in
17 Section 10-19 of the Illinois Public Aid Code.
18 (Source: P.A. 89-507, eff. 7-1-97; 90-157, eff. 1-1-98;
19 90-483, eff. 1-1-98; 90-590, eff. 1-1-99; 90-655, eff.
20 7-30-98; revised 9-16-98.)
21 (705 ILCS 405/6-10) (from Ch. 37, par. 806-10)
22 Sec. 6-10. State reimbursement of funds.
23 (a) Before the 15th day of each month, the clerk of the
24 court shall itemize all payments received by him under
25 Section 6-9 during the preceding month and shall pay such
26 amounts to the county treasurer. Before the 20th day of each
27 month, the county treasurer shall file with the Department of
28 Children and Family Services an itemized statement of the
29 amount of money for the care and shelter of a minor placed in
30 shelter care under Sections 2-7, 3-9, 4-6 or 5-410 or placed
31 under Sections 2-27, 3-28, 4-25 or 5-740 before July 1, 1980
32 and after June 30, 1981, paid by the county during the last
33 preceding month pursuant to court order entered under Section
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1 6-8, certified by the court, and an itemized account of all
2 payments received by the clerk of the court under Section 6-9
3 during the preceding month and paid over to the county
4 treasurer, certified by the county treasurer. The Department
5 of Children and Family Services shall examine and audit the
6 monthly statement and account, and upon finding them correct,
7 shall voucher for payment to the county a sum equal to the
8 amount so paid out by the county less the amount received by
9 the clerk of the court under Section 6-9 and paid to the
10 county treasurer but not more than an amount equal to the
11 current average daily rate paid by the Department of Children
12 and Family Services for similar services pursuant to Section
13 5a of Children and Family Services Act, approved June 4,
14 1963, as amended. Reimbursement to the counties under this
15 Section for care and support of minors in licensed child
16 caring institutions must be made by the Department of
17 Children and Family Services only for care in those
18 institutions which have filed with the Department a
19 certificate affirming that they admit minors on the basis of
20 need without regard to race or ethnic origin.
21 (b) The county treasurer may file with the Department of
22 Children and Family Services an itemized statement of the
23 amount of money paid by the county during the last preceding
24 month pursuant to court order entered under Section 6-8,
25 certified by the court, and an itemized account of all
26 payments received by the clerk of the court under Section 6-9
27 during the preceding month and paid over to the county
28 treasurer, certified by the county treasurer. The Department
29 of Children and Family Services shall examine and audit the
30 monthly statement and account, and upon finding them correct,
31 shall voucher for payment to the county a sum equal to the
32 amount so paid out by the county less the amount received by
33 the clerk of the court under Section 6-9 and paid to the
34 county treasurer. Subject to appropriations for that
-1335- LRB9101253EGfg
1 purpose, the State shall reimburse the county for the care
2 and shelter of a minor placed in detention as a result of any
3 new provisions that are created by the Juvenile Justice
4 Reform Provisions of 1998 (Public Act 90-590).
5 (Source: P.A. 90-590, eff. 1-1-99; revised 10-28-98.)
6 Section 237. The Criminal Code of 1961 is amended by
7 changing Sections 1-5, 9-1, 9-3.3, 11-17.1, 11-19.2, 11-20.1,
8 12-4, 12-4.3, 12-18, 12-30, 14-3, 16-15, 17-3, 17B-10, 18-5,
9 24-1.2, 25-1.1, 31A-1.2, 34-1, and 46-4 and renumbering
10 Section 14.4 as follows:
11 (720 ILCS 5/1-5) (from Ch. 38, par. 1-5)
12 Sec. 1-5. State criminal jurisdiction.
13 (a) A person is subject to prosecution in this State for
14 an offense which he commits, while either within or outside
15 the State, by his own conduct or that of another for which he
16 is legally accountable, if:
17 (1) the offense is committed either wholly or
18 partly within the State; or
19 (2) the conduct outside the State constitutes an
20 attempt to commit an offense within the State; or
21 (3) the conduct outside the State constitutes a
22 conspiracy to commit an offense within the State, and an
23 act in furtherance of the conspiracy occurs in the State;
24 or
25 (4) the conduct within the State constitutes an
26 attempt, solicitation or conspiracy to commit in another
27 jurisdiction an offense under the laws of both this State
28 and such other jurisdiction.
29 (b) An offense is committed partly within this State, if
30 either the conduct which is an element of the offense, or the
31 result which is such an element, occurs within the State. In
32 a prosecution pursuant to paragraph (3) of subsection (a) of
-1336- LRB9101253EGfg
1 Section 9-1, the attempt or commission of a forcible felony
2 other than second degree murder within this State is conduct
3 which is an a element of the offense for which a person is
4 subject to prosecution in this State. In homicide, the
5 "result" is either the physical contact which causes death,
6 or the death itself; and if the body of a homicide victim is
7 found within the State, the death is presumed to have
8 occurred within the State.
9 (c) An offense which is based on an omission to perform
10 a duty imposed by the law of this State is committed within
11 the State, regardless of the location of the offender at the
12 time of the omission.
13 (Source: P.A. 85-740; revised 10-31-98.)
14 (720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
15 Sec. 9-1. First degree Murder - Death penalties -
16 Exceptions - Separate Hearings - Proof - Findings - Appellate
17 procedures - Reversals.
18 (a) A person who kills an individual without lawful
19 justification commits first degree murder if, in performing
20 the acts which cause the death:
21 (1) he either intends to kill or do great bodily
22 harm to that individual or another, or knows that such
23 acts will cause death to that individual or another; or
24 (2) he knows that such acts create a strong
25 probability of death or great bodily harm to that
26 individual or another; or
27 (3) he is attempting or committing a forcible
28 felony other than second degree murder.
29 (b) Aggravating Factors. A defendant who at the time of
30 the commission of the offense has attained the age of 18 or
31 more and who has been found guilty of first degree murder may
32 be sentenced to death if:
33 (1) the murdered individual was a peace officer or
-1337- LRB9101253EGfg
1 fireman killed in the course of performing his official
2 duties, to prevent the performance of his official
3 duties, or in retaliation for performing his official
4 duties, and the defendant knew or should have known that
5 the murdered individual was a peace officer or fireman;
6 or
7 (2) the murdered individual was an employee of an
8 institution or facility of the Department of Corrections,
9 or any similar local correctional agency, killed in the
10 course of performing his official duties, to prevent the
11 performance of his official duties, or in retaliation for
12 performing his official duties, or the murdered
13 individual was an inmate at such institution or facility
14 and was killed on the grounds thereof, or the murdered
15 individual was otherwise present in such institution or
16 facility with the knowledge and approval of the chief
17 administrative officer thereof; or
18 (3) the defendant has been convicted of murdering
19 two or more individuals under subsection (a) of this
20 Section or under any law of the United States or of any
21 state which is substantially similar to subsection (a) of
22 this Section regardless of whether the deaths occurred
23 as the result of the same act or of several related or
24 unrelated acts so long as the deaths were the result of
25 either an intent to kill more than one person or of
26 separate acts which the defendant knew would cause death
27 or create a strong probability of death or great bodily
28 harm to the murdered individual or another; or
29 (4) the murdered individual was killed as a result
30 of the hijacking of an airplane, train, ship, bus or
31 other public conveyance; or
32 (5) the defendant committed the murder pursuant to
33 a contract, agreement or understanding by which he was to
34 receive money or anything of value in return for
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1 committing the murder or procured another to commit the
2 murder for money or anything of value; or
3 (6) the murdered individual was killed in the
4 course of another felony if:
5 (a) the murdered individual:
6 (i) was actually killed by the defendant,
7 or
8 (ii) received physical injuries
9 personally inflicted by the defendant
10 substantially contemporaneously with physical
11 injuries caused by one or more persons for
12 whose conduct the defendant is legally
13 accountable under Section 5-2 of this Code, and
14 the physical injuries inflicted by either the
15 defendant or the other person or persons for
16 whose conduct he is legally accountable caused
17 the death of the murdered individual; and
18 (b) in performing the acts which caused the
19 death of the murdered individual or which resulted
20 in physical injuries personally inflicted by the
21 defendant on the murdered individual under the
22 circumstances of subdivision (ii) of subparagraph
23 (a) of paragraph (6) of subsection (b) of this
24 Section, the defendant acted with the intent to kill
25 the murdered individual or with the knowledge that
26 his acts created a strong probability of death or
27 great bodily harm to the murdered individual or
28 another; and
29 (c) the other felony was one of the following:
30 armed robbery, armed violence, robbery, predatory
31 criminal sexual assault of a child, aggravated
32 criminal sexual assault, aggravated kidnapping,
33 aggravated vehicular hijacking, forcible detention,
34 arson, aggravated arson, aggravated stalking,
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1 burglary, residential burglary, home invasion,
2 calculated criminal drug conspiracy as defined in
3 Section 405 of the Illinois Controlled Substances
4 Act, streetgang criminal drug conspiracy as defined
5 in Section 405.2 of the Illinois Controlled
6 Substances Act, or the attempt to commit any of the
7 felonies listed in this subsection (c); or
8 (7) the murdered individual was under 12 years of
9 age and the death resulted from exceptionally brutal or
10 heinous behavior indicative of wanton cruelty; or
11 (8) the defendant committed the murder with intent
12 to prevent the murdered individual from testifying in any
13 criminal prosecution or giving material assistance to the
14 State in any investigation or prosecution, either against
15 the defendant or another; or the defendant committed the
16 murder because the murdered individual was a witness in
17 any prosecution or gave material assistance to the State
18 in any investigation or prosecution, either against the
19 defendant or another; or
20 (9) the defendant, while committing an offense
21 punishable under Sections 401, 401.1, 401.2, 405, 405.2,
22 407 or 407.1 or subsection (b) of Section 404 of the
23 Illinois Controlled Substances Act, or while engaged in a
24 conspiracy or solicitation to commit such offense,
25 intentionally killed an individual or counseled,
26 commanded, induced, procured or caused the intentional
27 killing of the murdered individual; or
28 (10) the defendant was incarcerated in an
29 institution or facility of the Department of Corrections
30 at the time of the murder, and while committing an
31 offense punishable as a felony under Illinois law, or
32 while engaged in a conspiracy or solicitation to commit
33 such offense, intentionally killed an individual or
34 counseled, commanded, induced, procured or caused the
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1 intentional killing of the murdered individual; or
2 (11) the murder was committed in a cold, calculated
3 and premeditated manner pursuant to a preconceived plan,
4 scheme or design to take a human life by unlawful means,
5 and the conduct of the defendant created a reasonable
6 expectation that the death of a human being would result
7 therefrom; or
8 (12) the murdered individual was an emergency
9 medical technician - ambulance, emergency medical
10 technician - intermediate, emergency medical technician -
11 paramedic, ambulance driver, or other medical assistance
12 or first aid personnel, employed by a municipality or
13 other governmental unit, killed in the course of
14 performing his official duties, to prevent the
15 performance of his official duties, or in retaliation for
16 performing his official duties, and the defendant knew or
17 should have known that the murdered individual was an
18 emergency medical technician - ambulance, emergency
19 medical technician - intermediate, emergency medical
20 technician - paramedic, ambulance driver, or other
21 medical assistance or first aid personnel; or
22 (13) the defendant was a principal administrator,
23 organizer, or leader of a calculated criminal drug
24 conspiracy consisting of a hierarchical position of
25 authority superior to that of all other members of the
26 conspiracy, and the defendant counseled, commanded,
27 induced, procured, or caused the intentional killing of
28 the murdered person; or
29 (14) the murder was intentional and involved the
30 infliction of torture. For the purpose of this Section
31 torture means the infliction of or subjection to extreme
32 physical pain, motivated by an intent to increase or
33 prolong the pain, suffering or agony of the victim; or
34 (15) the murder was committed as a result of the
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1 intentional discharge of a firearm by the defendant from
2 a motor vehicle and the victim was not present within the
3 motor vehicle; or
4 (16) the murdered individual was 60 years of age or
5 older and the death resulted from exceptionally brutal or
6 heinous behavior indicative of wanton cruelty; or
7 (17) the murdered individual was a disabled person
8 and the defendant knew or should have known that the
9 murdered individual was disabled. For purposes of this
10 paragraph (17), "disabled person" means a person who
11 suffers from a permanent physical or mental impairment
12 resulting from disease, an injury, a functional disorder,
13 or a congenital condition that renders the person
14 incapable of adequately providing for his or her own
15 health or personal care; or
16 (18) the murder was committed by reason of any
17 person's activity as a community policing volunteer or to
18 prevent any person from engaging in activity as a
19 community policing volunteer; or .
20 (19) (18) the murdered individual was subject to an
21 order of protection and the murder was committed by a
22 person against whom the same order of protection was
23 issued under the Illinois Domestic Violence Act of 1986.
24 (c) Consideration of factors in Aggravation and
25 Mitigation.
26 The court shall consider, or shall instruct the jury to
27 consider any aggravating and any mitigating factors which are
28 relevant to the imposition of the death penalty. Aggravating
29 factors may include but need not be limited to those factors
30 set forth in subsection (b). Mitigating factors may include
31 but need not be limited to the following:
32 (1) the defendant has no significant history of
33 prior criminal activity;
34 (2) the murder was committed while the defendant
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1 was under the influence of extreme mental or emotional
2 disturbance, although not such as to constitute a defense
3 to prosecution;
4 (3) the murdered individual was a participant in
5 the defendant's homicidal conduct or consented to the
6 homicidal act;
7 (4) the defendant acted under the compulsion of
8 threat or menace of the imminent infliction of death or
9 great bodily harm;
10 (5) the defendant was not personally present during
11 commission of the act or acts causing death.
12 (d) Separate sentencing hearing.
13 Where requested by the State, the court shall conduct a
14 separate sentencing proceeding to determine the existence of
15 factors set forth in subsection (b) and to consider any
16 aggravating or mitigating factors as indicated in subsection
17 (c). The proceeding shall be conducted:
18 (1) before the jury that determined the defendant's
19 guilt; or
20 (2) before a jury impanelled for the purpose of the
21 proceeding if:
22 A. the defendant was convicted upon a plea of
23 guilty; or
24 B. the defendant was convicted after a trial
25 before the court sitting without a jury; or
26 C. the court for good cause shown discharges
27 the jury that determined the defendant's guilt; or
28 (3) before the court alone if the defendant waives
29 a jury for the separate proceeding.
30 (e) Evidence and Argument.
31 During the proceeding any information relevant to any of
32 the factors set forth in subsection (b) may be presented by
33 either the State or the defendant under the rules governing
34 the admission of evidence at criminal trials. Any
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1 information relevant to any additional aggravating factors or
2 any mitigating factors indicated in subsection (c) may be
3 presented by the State or defendant regardless of its
4 admissibility under the rules governing the admission of
5 evidence at criminal trials. The State and the defendant
6 shall be given fair opportunity to rebut any information
7 received at the hearing.
8 (f) Proof.
9 The burden of proof of establishing the existence of any
10 of the factors set forth in subsection (b) is on the State
11 and shall not be satisfied unless established beyond a
12 reasonable doubt.
13 (g) Procedure - Jury.
14 If at the separate sentencing proceeding the jury finds
15 that none of the factors set forth in subsection (b) exists,
16 the court shall sentence the defendant to a term of
17 imprisonment under Chapter V of the Unified Code of
18 Corrections. If there is a unanimous finding by the jury
19 that one or more of the factors set forth in subsection (b)
20 exist, the jury shall consider aggravating and mitigating
21 factors as instructed by the court and shall determine
22 whether the sentence of death shall be imposed. If the jury
23 determines unanimously that there are no mitigating factors
24 sufficient to preclude the imposition of the death sentence,
25 the court shall sentence the defendant to death.
26 Unless the jury unanimously finds that there are no
27 mitigating factors sufficient to preclude the imposition of
28 the death sentence the court shall sentence the defendant to
29 a term of imprisonment under Chapter V of the Unified Code of
30 Corrections.
31 (h) Procedure - No Jury.
32 In a proceeding before the court alone, if the court
33 finds that none of the factors found in subsection (b)
34 exists, the court shall sentence the defendant to a term of
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1 imprisonment under Chapter V of the Unified Code of
2 Corrections.
3 If the Court determines that one or more of the factors
4 set forth in subsection (b) exists, the Court shall consider
5 any aggravating and mitigating factors as indicated in
6 subsection (c). If the Court determines that there are no
7 mitigating factors sufficient to preclude the imposition of
8 the death sentence, the Court shall sentence the defendant to
9 death.
10 Unless the court finds that there are no mitigating
11 factors sufficient to preclude the imposition of the sentence
12 of death, the court shall sentence the defendant to a term of
13 imprisonment under Chapter V of the Unified Code of
14 Corrections.
15 (i) Appellate Procedure.
16 The conviction and sentence of death shall be subject to
17 automatic review by the Supreme Court. Such review shall be
18 in accordance with rules promulgated by the Supreme Court.
19 (j) Disposition of reversed death sentence.
20 In the event that the death penalty in this Act is held
21 to be unconstitutional by the Supreme Court of the United
22 States or of the State of Illinois, any person convicted of
23 first degree murder shall be sentenced by the court to a term
24 of imprisonment under Chapter V of the Unified Code of
25 Corrections.
26 In the event that any death sentence pursuant to the
27 sentencing provisions of this Section is declared
28 unconstitutional by the Supreme Court of the United States or
29 of the State of Illinois, the court having jurisdiction over
30 a person previously sentenced to death shall cause the
31 defendant to be brought before the court, and the court shall
32 sentence the defendant to a term of imprisonment under
33 Chapter V of the Unified Code of Corrections.
34 (Source: P.A. 89-235, eff. 8-4-95; 89-428, eff. 12-13-95;
-1345- LRB9101253EGfg
1 89-462, eff. 5-29-96; 89-498, eff. 6-27-96; 90-213, eff.
2 1-1-98; 90-651, eff. 1-1-99; 90-668, eff. 1-1-99; revised
3 9-16-98.)
4 (720 ILCS 5/9-3.3) (from Ch. 38, par. 9-3.3)
5 Sec. 9-3.3. Drug-induced Drug induced homicide.
6 (a) A person who violates subsection (a) or subsection
7 (c) of Section 401 of the Illinois Controlled Substances Act
8 by unlawfully delivering a controlled substance to another,
9 and any person dies as a result of the injection, inhalation
10 or ingestion of any amount of that controlled substance,
11 commits the offense of drug-induced drug induced homicide.
12 (b) Sentence. Drug-induced homicide is a Class X felony
13 for which the defendant shall in addition to a sentence
14 authorized by law, be sentenced to a term of imprisonment of
15 not less than 15 years and not more than 30 years or an
16 extended term of not less than 30 years and not more than 60
17 years.
18 (Source: P.A. 87-1198; revised 10-31-98.)
19 (720 ILCS 5/11-17.1) (from Ch. 38, par. 11-17.1)
20 Sec. 11-17.1. (a) Keeping a Place of Juvenile
21 Prostitution.
22 (a) Any person who knowingly violates any of the
23 provisions of Section 11-17 of this Act commits keeping a
24 place of juvenile prostitution when any prostitute in the
25 place of prostitution is under 16 years of age.
26 (b) It is an affirmative defense to a charge of keeping
27 a place of juvenile prostitution that the accused reasonably
28 believed the person was of the age of 16 years or over at the
29 time of the act giving rise to the charge.
30 (c) Sentence. Keeping a place of juvenile prostitution
31 is a Class 1 felony. A person convicted of a second or
32 subsequent violation of this Section is guilty of a Class X
-1346- LRB9101253EGfg
1 felony.
2 (d) Forfeiture. Any person convicted under this Section
3 is subject to the forfeiture provisions of Section 11-20.1A
4 of this Act.
5 (Source: P.A. 85-1194; revised 10-31-98.)
6 (720 ILCS 5/11-19.2) (from Ch. 38, par. 11-19.2)
7 Sec. 11-19.2. Exploitation of a child.
8 (A) A person commits exploitation of a child when he or
9 she confines a child under the age of 16 or an
10 institutionalized severely or profoundly mentally retarded
11 person against his or her will by the infliction or threat of
12 imminent infliction of great bodily harm, permanent
13 disability or disfigurement or by administering to the child
14 or an institutionalized severely or profoundly mentally
15 retarded person without his or her consent or by threat or
16 deception and for other than medical purposes, any alcoholic
17 intoxicant or a drug as defined in the Illinois Controlled
18 Substances Act or the Cannabis Control Act and:
19 (1) compels the child or an institutionalized
20 severely or profoundly mentally retarded person to become
21 a prostitute; or
22 (2) arranges a situation in which the child or an
23 institutionalized severely or profoundly mentally
24 retarded person may practice prostitution; or
25 (3) receives any money, property, token, object, or
26 article or anything of value from the child or an
27 institutionalized severely or profoundly mentally
28 retarded person knowing it was obtained in whole or in
29 part from the practice of prostitution.
30 (B) For purposes of this Section, administering drugs,
31 as defined in subsection (A), or an alcoholic intoxicant to a
32 child under the age of 13 or an institutionalized severely or
33 profoundly mentally retarded person shall be deemed to be
-1347- LRB9101253EGfg
1 without consent if such administering is done without the
2 consent of the parents or legal guardian.
3 (C) Exploitation of a child is a Class X felony.
4 (D) Any person convicted under this Section is subject
5 to the forfeiture provisions of Section 11-20.1A of this Act.
6 (Source: P.A. 88-680, eff. 1-1-95; revised 10-31-98.)
7 (720 ILCS 5/11-20.1) (from Ch. 38, par. 11-20.1)
8 Sec. 11-20.1. Child pornography.
9 (a) A person commits the offense of child pornography
10 who:
11 (1) films, videotapes, photographs, or otherwise
12 depicts or portrays by means of any similar visual medium
13 or reproduction or depicts by computer any child whom he
14 knows or reasonably should know to be under the age of 18
15 or any institutionalized severely or profoundly mentally
16 retarded person where such child or institutionalized
17 severely or profoundly mentally retarded person is:
18 (i) actually or by simulation engaged in any
19 act of sexual intercourse with any person or animal;
20 or
21 (ii) actually or by simulation engaged in any
22 act of sexual contact involving the sex organs of
23 the child or institutionalized severely or
24 profoundly mentally retarded person and the mouth,
25 anus, or sex organs of another person or animal; or
26 which involves the mouth, anus or sex organs of the
27 child or institutionalized severely or profoundly
28 mentally retarded person and the sex organs of
29 another person or animal; or
30 (iii) actually or by simulation engaged in any
31 act of masturbation; or
32 (iv) actually or by simulation portrayed as
33 being the object of, or otherwise engaged in, any
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1 act of lewd fondling, touching, or caressing
2 involving another person or animal; or
3 (v) actually or by simulation engaged in any
4 act of excretion or urination within a sexual
5 context; or
6 (vi) actually or by simulation portrayed or
7 depicted as bound, fettered, or subject to sadistic,
8 masochistic, or sadomasochistic abuse in any sexual
9 context; or
10 (vii) depicted or portrayed in any pose,
11 posture or setting involving a lewd exhibition of
12 the unclothed genitals, pubic area, buttocks, or, if
13 such person is female, a fully or partially
14 developed breast of the child or other person; or
15 (2) with the knowledge of the nature or content
16 thereof, reproduces, disseminates, offers to disseminate,
17 exhibits or possesses with intent to disseminate any
18 film, videotape, photograph or other similar visual
19 reproduction or depiction by computer of any child or
20 institutionalized severely or profoundly mentally
21 retarded person whom the person knows or reasonably
22 should know to be under the age of 18 or to be an
23 institutionalized severely or profoundly mentally
24 retarded person, engaged in any activity described in
25 subparagraphs (i) through (vii) of paragraph (1) of this
26 subsection; or
27 (3) with knowledge of the subject matter or theme
28 thereof, produces any stage play, live performance, film,
29 videotape or other similar visual portrayal or depiction
30 by computer which includes a child whom the person knows
31 or reasonably should know to be under the age of 18 or an
32 institutionalized severely or profoundly mentally
33 retarded person engaged in any activity described in
34 subparagraphs (i) through (vii) of paragraph (1) of this
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1 subsection; or
2 (4) solicits, uses, persuades, induces, entices, or
3 coerces any child whom he knows or reasonably should know
4 to be under the age of 18 or an institutionalized
5 severely or profoundly mentally retarded person to appear
6 in any stage play, live presentation, film, videotape,
7 photograph or other similar visual reproduction or
8 depiction by computer in which the child or
9 institutionalized severely or profoundly mentally
10 retarded person is or will be depicted, actually or by
11 simulation, in any act, pose or setting described in
12 subparagraphs (i) through (vii) of paragraph (1) of this
13 subsection; or
14 (5) is a parent, step-parent, legal guardian or
15 other person having care or custody of a child whom the
16 person knows or reasonably should know to be under the
17 age of 18 or an institutionalized severely or profoundly
18 mentally retarded person and who knowingly permits,
19 induces, promotes, or arranges for such child or
20 institutionalized severely or profoundly mentally
21 retarded person to appear in any stage play, live
22 performance, film, videotape, photograph or other similar
23 visual presentation, portrayal or simulation or depiction
24 by computer of any act or activity described in
25 subparagraphs (i) through (vii) of paragraph (1) of this
26 subsection; or
27 (6) with knowledge of the nature or content
28 thereof, possesses any film, videotape, photograph or
29 other similar visual reproduction or depiction by
30 computer of any child or institutionalized severely or
31 profoundly mentally retarded person whom the person knows
32 or reasonably should know to be under the age of 18 or to
33 be an institutionalized severely or profoundly mentally
34 retarded person, engaged in any activity described in
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1 subparagraphs (i) through (vii) of paragraph (1) of this
2 subsection; or
3 (7) solicits, uses, persuades, induces, entices, or
4 coerces a person to provide a child under the age of 18
5 or an institutionalized severely or profoundly mentally
6 retarded person to appear in any videotape, photograph,
7 film, stage play, live presentation, or other similar
8 visual reproduction or depiction by computer in which the
9 child or an institutionalized severely or profoundly
10 mentally retarded person will be depicted, actually or by
11 simulation, in any act, pose, or setting described in
12 subparagraphs (i) through (vii) of paragraph (1) of this
13 subsection.
14 (b) (1) It shall be an affirmative defense to a charge
15 of child pornography that the defendant reasonably believed,
16 under all of the circumstances, that the child was 18 years
17 of age or older or that the person was not an
18 institutionalized severely or profoundly mentally retarded
19 person but only where, prior to the act or acts giving rise
20 to a prosecution under this Section, he took some affirmative
21 action or made a bonafide inquiry designed to ascertain
22 whether the child was 18 years of age or older or that the
23 person was not an institutionalized severely or profoundly
24 mentally retarded person and his reliance upon the
25 information so obtained was clearly reasonable.
26 (2) (Blank).
27 (3) The charge of child pornography shall not apply to
28 the performance of official duties by law enforcement or
29 prosecuting officers, court personnel or attorneys, nor to
30 bonafide treatment or professional education programs
31 conducted by licensed physicians, psychologists or social
32 workers.
33 (4) Possession by the defendant of more than one of the
34 same film, videotape or visual reproduction or depiction by
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1 computer in which child pornography is depicted shall raise a
2 rebuttable presumption that the defendant possessed such
3 materials with the intent to disseminate them.
4 (c) Violation of paragraph (1), (4), (5), or (7) of
5 subsection (a) is a Class 1 felony with a mandatory minimum
6 fine of $2,000 and a maximum fine of $100,000. Violation of
7 paragraph (3) of subsection (a) is a Class 1 felony with a
8 mandatory minimum fine of $1500 and a maximum fine of
9 $100,000. Violation of paragraph (2) of subsection (a) is a
10 Class 1 felony with a mandatory minimum fine of $1000 and a
11 maximum fine of $100,000. Violation of paragraph (6) of
12 subsection (a) is a Class 3 felony with a mandatory minimum
13 fine of $1000 and a maximum fine of $100,000.
14 (d) If a person is convicted of a second or subsequent
15 violation of this Section within 10 years of a prior
16 conviction, the court shall order a presentence psychiatric
17 examination of the person. The examiner shall report to the
18 court whether treatment of the person is necessary.
19 (e) Any film, videotape, photograph or other similar
20 visual reproduction or depiction by computer which includes a
21 child under the age of 18 or an institutionalized severely or
22 profoundly mentally retarded person engaged in any activity
23 described in subparagraphs (i) through (vii) or paragraph 1
24 of subsection (a), and any material or equipment used or
25 intended for use in photographing, filming, printing,
26 producing, reproducing, manufacturing, projecting,
27 exhibiting, depiction by computer, or disseminating such
28 material shall be seized and forfeited in the manner, method
29 and procedure provided by Section 36-1 of this Code for the
30 seizure and forfeiture of vessels, vehicles and aircraft.
31 (e-5) Upon the conclusion of a case brought under this
32 Section, the court shall seal all evidence depicting a victim
33 or witness that is sexually explicit. The evidence may be
34 unsealed and viewed, on a motion of the party seeking to
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1 unseal and view the evidence, only for good cause shown and
2 in the discretion of the court. The motion must expressly
3 set forth the purpose for viewing the material. The State's
4 attorney and the victim, if possible, shall be provided
5 reasonable notice of the hearing on the motion to unseal the
6 evidence. Any person entitled to notice of a hearing under
7 this subsection (e-5) may object to the motion.
8 (f) Definitions. For the purposes of this Section:
9 (1) "Disseminate" means (i) to sell, distribute,
10 exchange or transfer possession, whether with or without
11 consideration or (ii) to make a depiction by computer
12 available for distribution or downloading through the
13 facilities of any telecommunications network or through
14 any other means of transferring computer programs or data
15 to a computer;
16 (2) "Produce" means to direct, promote, advertise,
17 publish, manufacture, issue, present or show;
18 (3) "Reproduce" means to make a duplication or
19 copy;
20 (4) "Depict by computer" means to generate or
21 create, or cause to be created or generated, a computer
22 program or data that, after being processed by a computer
23 either alone or in conjunction with one or more computer
24 programs, results in a visual depiction on a computer
25 monitor, screen, or display.
26 (5) "Depiction by computer" means a computer
27 program or data that, after being processed by a computer
28 either alone or in conjunction with one or more computer
29 programs, results in a visual depiction on a computer
30 monitor, screen, or display.
31 (6) "Computer", "computer program", and "data" have
32 the meanings ascribed to them in Section 16D-2 of this
33 Code.
34 (Source: P.A. 90-68, eff. 7-8-97; 90-678, eff. 7-31-98;
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1 90-786, eff. 1-1-99; revised 9-16-98.)
2 (720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
3 Sec. 12-4. Aggravated Battery.
4 (a) A person who, in committing a battery, intentionally
5 or knowingly causes great bodily harm, or permanent
6 disability or disfigurement commits aggravated battery.
7 (b) In committing a battery, a person commits aggravated
8 battery if he or she:
9 (1) Uses a deadly weapon other than by the
10 discharge of a firearm;
11 (2) Is hooded, robed or masked, in such manner as
12 to conceal his identity;
13 (3) Knows the individual harmed to be a teacher or
14 other person employed in any school and such teacher or
15 other employee is upon the grounds of a school or grounds
16 adjacent thereto, or is in any part of a building used
17 for school purposes;
18 (4) Knows the individual harmed to be a supervisor,
19 director, instructor or other person employed in any park
20 district and such supervisor, director, instructor or
21 other employee is upon the grounds of the park or grounds
22 adjacent thereto, or is in any part of a building used
23 for park purposes;
24 (5) Knows the individual harmed to be a caseworker,
25 investigator, or other person employed by the State
26 Department of Public Aid, a County Department of Public
27 Aid, or the Department of Human Services (acting as
28 successor to the Illinois Department of Public Aid under
29 the Department of Human Services Act) and such
30 caseworker, investigator, or other person is upon the
31 grounds of a public aid office or grounds adjacent
32 thereto, or is in any part of a building used for public
33 aid purposes, or upon the grounds of a home of a public
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1 aid applicant, recipient, or any other person being
2 interviewed or investigated in the employee's discharge
3 of his duties, or on grounds adjacent thereto, or is in
4 any part of a building in which the applicant, recipient,
5 or other such person resides or is located;
6 (6) Knows the individual harmed to be a peace
7 officer, a community policing volunteer, a correctional
8 institution employee, or a fireman while such officer,
9 volunteer, employee or fireman is engaged in the
10 execution of any official duties including arrest or
11 attempted arrest, or to prevent the officer, volunteer,
12 employee or fireman from performing official duties, or
13 in retaliation for the officer, volunteer, employee or
14 fireman performing official duties, and the battery is
15 committed other than by the discharge of a firearm;
16 (7) Knows the individual harmed to be an emergency
17 medical technician - ambulance, emergency medical
18 technician - intermediate, emergency medical technician -
19 paramedic, ambulance driver or other medical assistance
20 or first aid personnel engaged in the performance of any
21 of his or her official duties, or to prevent the
22 emergency medical technician - ambulance, emergency
23 medical technician - intermediate, emergency medical
24 technician - paramedic, ambulance driver, or other
25 medical assistance or first aid personnel from performing
26 official duties, or in retaliation for performing
27 official duties;
28 (8) Is, or the person battered is, on or about a
29 public way, public property or public place of
30 accommodation or amusement;
31 (9) Knows the individual harmed to be the driver,
32 operator, employee or passenger of any transportation
33 facility or system engaged in the business of
34 transportation of the public for hire and the individual
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1 assaulted is then performing in such capacity or then
2 using such public transportation as a passenger or using
3 any area of any description designated by the
4 transportation facility or system as a vehicle boarding,
5 departure, or transfer location;
6 (10) Knowingly and without legal justification and
7 by any means causes bodily harm to an individual of 60
8 years of age or older;
9 (11) Knows the individual harmed is pregnant;
10 (12) Knows the individual harmed to be a judge whom
11 the person intended to harm as a result of the judge's
12 performance of his or her official duties as a judge;
13 (13) Knows the individual harmed to be an employee
14 of the Illinois Department of Children and Family
15 Services engaged in the performance of his authorized
16 duties as such employee;
17 (14) Knows the individual harmed to be a person who
18 is physically handicapped; or
19 (15) Knowingly and without legal justification and
20 by any means causes bodily harm to a merchant who detains
21 the person for an alleged commission of retail theft
22 under Section 16A-5 of this Code. In this item (15),
23 "merchant" has the meaning ascribed to it in Section
24 16A-2.4 of this Code.
25 For the purpose of paragraph (14) of subsection (b) of
26 this Section, a physically handicapped person is a person who
27 suffers from a permanent and disabling physical
28 characteristic, resulting from disease, injury, functional
29 disorder or congenital condition.
30 (c) A person who administers to an individual or causes
31 him to take, without his consent or by threat or deception,
32 and for other than medical purposes, any intoxicating,
33 poisonous, stupefying, narcotic, anesthetic, or controlled
34 substance commits aggravated battery.
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1 (d) A person who knowingly gives to another person any
2 food that contains any substance or object that is intended
3 to cause physical injury if eaten, commits aggravated
4 battery.
5 (e) Sentence.
6 Aggravated battery is a Class 3 felony.
7 (Source: P.A. 89-507, eff. 7-1-97; 90-115, eff. 1-1-98;
8 90-651, eff. 1-1-99; 90-735, eff. 8-11-98; revised 9-16-98.)
9 (720 ILCS 5/12-4.3) (from Ch. 38, par. 12-4.3)
10 Sec. 12-4.3. Aggravated battery of a child.
11 (a) Any person of the age 18 years and upwards who
12 intentionally or knowingly, and without legal justification
13 and by any means, causes great bodily harm or permanent
14 disability or disfigurement to any child under the age of 13
15 years or to any institutionalized severely or profoundly
16 mentally retarded person, commits the offense of aggravated
17 battery of a child.
18 (b) Aggravated battery of a child is a Class X felony.
19 (Source: P.A. 89-313, eff. 1-1-96.)
20 (720 ILCS 5/12-18) (from Ch. 38, par. 12-18)
21 Sec. 12-18. General Provisions.
22 (a) No person accused of violating Sections 12-13,
23 12-14, 12-15 or 12-16 of this Code shall be presumed to be
24 incapable of committing an offense prohibited by Sections
25 12-13, 12-14, 12-14.1, 12-15 or 12-16 of this Code because of
26 age, physical condition or relationship to the victim, except
27 as otherwise provided in subsection (c) of this Section.
28 Nothing in this Section shall be construed to modify or
29 abrogate the affirmative defense of infancy under Section 6-1
30 of this Code or the provisions of Section 5-805 of the
31 Juvenile Court Act of 1987.
32 (b) Any medical examination or procedure which is
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1 conducted by a physician, nurse, medical or hospital
2 personnel, parent, or caretaker for purposes and in a manner
3 consistent with reasonable medical standards is not an
4 offense under Sections 12-13, 12-14, 12-14.1, 12-15 and 12-16
5 of this Code.
6 (c) Prosecution of a spouse of a victim under this
7 subsection for any violation by the victim's spouse of
8 Section 12-13, 12-14, 12-15 or 12-16 of this Code is barred
9 unless the victim reported such offense to a law enforcement
10 agency or the State's Attorney's office within 30 days after
11 the offense was committed, except when the court finds good
12 cause for the delay.
13 (d) In addition to the sentences provided for in
14 Sections 12-13, 12-14, 12-14.1, 12-15 and 12-16 of the
15 Criminal Code of 1961 the Court may order any person who is
16 convicted of violating any of those Sections to meet all or
17 any portion of the financial obligations of treatment,
18 including but not limited to medical, psychiatric,
19 rehabilitative or psychological treatment, prescribed for the
20 victim or victims of the offense.
21 (e) After a finding at a preliminary hearing that there
22 is probable cause to believe that an accused has committed a
23 violation of Section 12-13, 12-14, or 12-14.1 of this Code,
24 or after an indictment is returned charging an accused with a
25 violation of Section 12-13, 12-14, or 12-14.1 of this Code,
26 at the request of the person who was the victim of the
27 violation of Section 12-13, 12-14, or 12-14.1, the
28 prosecuting State's attorney shall seek an order from the
29 court to compel the accused to be tested for infection with
30 human immunodeficiency virus (HIV). The medical test shall
31 be performed only by appropriately licensed medical
32 practitioners, and shall consist of an enzyme-linked
33 immunosorbent assay (ELISA) test, or such other test as may
34 be approved by the Illinois Department of Public Health; in
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1 the event of a positive result, the Western Blot Assay or a
2 more reliable confirmatory test shall be administered. The
3 results of the test shall be kept strictly confidential by
4 all medical personnel involved in the testing and must be
5 personally delivered in a sealed envelope to the victim and
6 to the judge who entered the order, for the judge's
7 inspection in camera. Acting in accordance with the best
8 interests of the victim and the public, the judge shall have
9 the discretion to determine to whom, if anyone, the result of
10 the testing may be revealed; however, in no case shall the
11 identity of the victim be disclosed. The court shall order
12 that the cost of the test shall be paid by the county, and
13 may be taxed as costs against the accused if convicted.
14 (f) Whenever any law enforcement officer has reasonable
15 cause to believe that a person has been delivered a
16 controlled substance without his or her consent, the law
17 enforcement officer they shall advise the victim about
18 seeking medical treatment and preserving evidence.
19 (g) In a hospital, whenever any emergency room personnel
20 has reasonable cause to believe that a person has been
21 delivered a controlled substance without his or her consent,
22 personnel designated by the hospital, other than a physician
23 licensed to practice medicine in all of its branches, shall
24 provide:
25 (1) An explanation to the victim about the nature
26 and effects of commonly used controlled substances and
27 how such controlled substances are administered.
28 (2) An offer to the victim of testing for the
29 presence of such controlled substances.
30 (3) A disclosure to the victim that all controlled
31 substances or alcohol ingested by the victim will be
32 disclosed by the test.
33 (4) A statement that the test is completely
34 voluntary.
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1 (5) A form for written authorization for sample
2 analysis of all controlled substances and alcohol
3 ingested by the victim.
4 No sample analysis may be performed unless the victim
5 returns a signed written authorization within 48 hours after
6 the sample was collected.
7 Any medical treatment, care, or testing shall only be in
8 accordance with the order of a physician licensed to practice
9 medicine in all of its branches.
10 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
11 90-590, eff. 1-1-99; 90-735, eff. 8-11-98; revised 9-16-98.)
12 (720 ILCS 5/12-30) (from Ch. 38, par. 12-30)
13 Sec. 12-30. Violation of an order of protection.
14 (a) A person commits violation of an order of protection
15 if:
16 (1) He or she commits an act which was prohibited
17 by a court or fails to commit an act which was ordered by
18 a court in violation of:
19 (i) a remedy in a valid order of protection
20 authorized under paragraphs (1), (2), (3), (14), or
21 (14.5) of subsection (b) of Section 214 of the
22 Illinois Domestic Violence Act of 1986,
23 (ii) a remedy, which is substantially similar
24 to the remedies authorized under paragraphs (1),
25 (2), (3), (14) or (14.5) of subsection (b) of
26 Section 214 of the Illinois Domestic Violence Act of
27 1986, in a valid order of protection, which is
28 authorized under the laws of another state, tribe or
29 United States territory,
30 (iii) any other remedy when the act
31 constitutes a crime against the protected parties as
32 the term protected parties is defined in Section
33 112A-4 of the Code of Criminal Procedure of 1963;
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1 and
2 (2) Such violation occurs after the offender has
3 been served notice of the contents of the order, pursuant
4 to the Illinois Domestic Violence Act of 1986 or any
5 substantially similar statute of another state, tribe or
6 United States territory, or otherwise has acquired actual
7 knowledge of the contents of the order.
8 An order of protection issued by a state, tribal or
9 territorial court related to domestic or family violence
10 shall be deemed valid if the issuing court had jurisdiction
11 over the parties and matter under the law of the state, tribe
12 or territory. There shall be a presumption of validity where
13 an order is certified and appears authentic on its face.
14 (a-5) Failure to provide reasonable notice and
15 opportunity to be heard shall be an affirmative defense to
16 any charge or process filed seeking enforcement of a foreign
17 order of protection.
18 (b) For purposes of this Section, an "order of
19 protection" may have been issued in a criminal or civil
20 proceeding.
21 (c) Nothing in this Section shall be construed to
22 diminish the inherent authority of the courts to enforce
23 their lawful orders through civil or criminal contempt
24 proceedings.
25 (d) Violation of an order of protection under subsection
26 (a) of this Section is a Class A misdemeanor. Violation of an
27 order of protection under subsection (a) of this Section is a
28 Class 4 felony if the defendant has any prior conviction
29 under this Code for domestic battery (Section 12-3.2) or
30 violation of an order of protection (Section 12-30). The
31 court shall impose a minimum penalty of 24 hours imprisonment
32 for defendant's second or subsequent violation of any order
33 of protection; unless the court explicitly finds that an
34 increased penalty or such period of imprisonment would be
-1361- LRB9101253EGfg
1 manifestly unjust. In addition to any other penalties, the
2 court may order the defendant to pay a fine as authorized
3 under Section 5-9-1 of the Unified Code of Corrections or to
4 make restitution to the victim under Section 5-5-6 of the
5 Unified Code of Corrections. In addition to any other
6 penalties, including those imposed by Section 5-9-1.5 of the
7 Unified Code of Corrections, the court shall impose an
8 additional fine of $20 as authorized by Section 5-9-1.11 of
9 the Unified Code of Corrections upon any person convicted of
10 or placed on supervision for a violation of this Section.
11 The additional fine shall be imposed for each violation of
12 this Section.
13 (e) The limitations placed on law enforcement liability
14 by Section 305 of the Illinois Domestic Violence Act of 1986
15 apply to actions taken under this Section.
16 (Source: P.A. 90-241, eff. 1-1-98; 90-732, eff. 8-11-98;
17 90-734, eff. 1-1-99; revised 9-21-98.)
18 (720 ILCS 5/14-3) (from Ch. 38, par. 14-3)
19 Sec. 14-3. Exemptions. The following activities shall
20 be exempt from the provisions of this Article:
21 (a) Listening to radio, wireless and television
22 communications of any sort where the same are publicly made;
23 (b) Hearing conversation when heard by employees of any
24 common carrier by wire incidental to the normal course of
25 their employment in the operation, maintenance or repair of
26 the equipment of such common carrier by wire so long as no
27 information obtained thereby is used or divulged by the
28 hearer;
29 (c) Any broadcast by radio, television or otherwise
30 whether it be a broadcast or recorded for the purpose of
31 later broadcasts of any function where the public is in
32 attendance and the conversations are overheard incidental to
33 the main purpose for which such broadcasts are then being
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1 made;
2 (d) Recording or listening with the aid of any device to
3 any emergency communication made in the normal course of
4 operations by any federal, state or local law enforcement
5 agency or institutions dealing in emergency services,
6 including, but not limited to, hospitals, clinics, ambulance
7 services, fire fighting agencies, any public utility,
8 emergency repair facility, civilian defense establishment or
9 military installation;
10 (e) Recording the proceedings of any meeting required to
11 be open by the Open Meetings Act, as amended; and
12 (f) Recording or listening with the aid of any device to
13 incoming telephone calls of phone lines publicly listed or
14 advertised as consumer "hotlines" by manufacturers or
15 retailers of food and drug products. Such recordings must be
16 destroyed, erased or turned over to local law enforcement
17 authorities within 24 hours from the time of such recording
18 and shall not be otherwise disseminated. Failure on the part
19 of the individual or business operating any such recording or
20 listening device to comply with the requirements of this
21 subsection shall eliminate any civil or criminal immunity
22 conferred upon that individual or business by the operation
23 of this Section;.
24 (g) With prior notification to the State's Attorney of
25 the county in which it is to occur, recording or listening
26 with the aid of any device to any conversation where a law
27 enforcement officer, or any person acting at the direction of
28 law enforcement, is a party to the conversation and has
29 consented to it being intercepted or recorded under
30 circumstances where the use of the device is necessary for
31 the protection of the law enforcement officer or any person
32 acting at the direction of law enforcement, in the course of
33 an investigation of a forcible felony, a felony violation of
34 the Illinois Controlled Substances Act, a felony violation of
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1 the Cannabis Control Act, or any "streetgang related" or
2 "gang-related" felony as those terms are defined in the
3 Illinois Streetgang Terrorism Omnibus Prevention Act. Any
4 recording or evidence derived as the result of this exemption
5 shall be inadmissible in any proceeding, criminal, civil or
6 administrative, except (i) where a party to the conversation
7 suffers great bodily injury or is killed during such
8 conversation, or (ii) when used as direct impeachment of a
9 witness concerning matters contained in the interception or
10 recording. The Director of the Department of State Police
11 shall issue regulations as are necessary concerning the use
12 of devices, retention of tape recordings, and reports
13 regarding their use;.
14 (h) Recordings made simultaneously with a video
15 recording of an oral conversation between a peace officer,
16 who has identified his or her office, and a person stopped
17 for an investigation of an offense under the Illinois Vehicle
18 Code;.
19 (i) Recording of a conversation made by or at the
20 request of a person, not a law enforcement officer or agent
21 of a law enforcement officer, who is a party to the
22 conversation, under reasonable suspicion that another party
23 to the conversation is committing, is about to commit, or has
24 committed a criminal offense against the person or a member
25 of his or her immediate household, and there is reason to
26 believe that evidence of the criminal offense may be obtained
27 by the recording; and.
28 (j) The use of a telephone monitoring device by either
29 (1) a corporation or other business entity engaged in
30 marketing or opinion research or (2) a corporation or other
31 business entity engaged in telephone solicitation, as defined
32 in this subsection, to record or listen to oral telephone
33 solicitation conversations or marketing or opinion research
34 conversations by an employee of the corporation or other
-1364- LRB9101253EGfg
1 business entity when:
2 (i) the monitoring is used for the purpose of
3 service quality control of marketing or opinion research
4 or telephone solicitation, the education or training of
5 employees or contractors engaged in marketing or opinion
6 research or telephone solicitation, or internal research
7 related to marketing or opinion research or telephone
8 solicitation; and
9 (ii) the monitoring is used with the consent of at
10 least one person who is an active party to the marketing
11 or opinion research conversation or telephone
12 solicitation conversation being monitored.
13 No communication or conversation or any part, portion, or
14 aspect of the communication or conversation made, acquired,
15 or obtained, directly or indirectly, under this exemption
16 (j), may be, directly or indirectly, furnished to any law
17 enforcement officer, agency, or official for any purpose or
18 used in any inquiry or investigation, or used, directly or
19 indirectly, in any administrative, judicial, or other
20 proceeding, or divulged to any third party.
21 When recording or listening authorized by this subsection
22 (j) on telephone lines used for marketing or opinion research
23 or telephone solicitation purposes results in recording or
24 listening to a conversation that does not relate to marketing
25 or opinion research or telephone solicitation; the person
26 recording or listening shall, immediately upon determining
27 that the conversation does not relate to marketing or opinion
28 research or telephone solicitation, terminate the recording
29 or listening and destroy any such recording as soon as is
30 practicable.
31 Business entities that use a telephone monitoring or
32 telephone recording system pursuant to this exemption (j)
33 shall provide current and prospective employees with notice
34 that the monitoring or recordings may occur during the course
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1 of their employment. The notice shall include prominent
2 signage notification within the workplace.
3 Business entities that use a telephone monitoring or
4 telephone recording system pursuant to this exemption (j)
5 shall provide their employees or agents with access to
6 personal-only telephone lines which may be pay telephones,
7 that are not subject to telephone monitoring or telephone
8 recording.
9 For the purposes of this subsection (j), "telephone
10 solicitation" means a communication through the use of a
11 telephone by live operators:
12 (i) soliciting the sale of goods or services;
13 (ii) receiving orders for the sale of goods or
14 services;
15 (iii) assisting in the use of goods or services; or
16 (iv) engaging in the solicitation, administration,
17 or collection of bank or retail credit accounts.
18 For the purposes of this subsection (j), "marketing or
19 opinion research" means a marketing or opinion research
20 interview conducted by a live telephone interviewer engaged
21 by a corporation or other business entity whose principal
22 business is the design, conduct, and analysis of polls and
23 surveys measuring the opinions, attitudes, and responses of
24 respondents toward products and services, or social or
25 political issues, or both.
26 (Source: P.A. 88-677, eff. 12-15-94; 89-428, eff. 12-13-95;
27 89-452, eff. 5-17-96; revised 10-31-98.)
28 (720 ILCS 5/14-4) (from Ch. 38, par. 14-4)
29 Sec. 14-4. 14.4. Sentence.) Eavesdropping, for a first
30 offense, is a Class 4 felony, and, for a second or subsequent
31 offense, is a Class 3 felony.
32 (Source: P.A. 79-781; revised 3-12-98.)
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1 (720 ILCS 5/16-15) (from Ch. 38, par. 16-15)
2 Sec. 16-15. (a) A person commits unlawful use of a theft
3 detection shielding device when he knowingly manufactures,
4 sells, offers for sale or distributes any laminated or coated
5 bag or device peculiar to and marketed for shielding and
6 intended to shield merchandise from detection by an
7 electronic or magnetic theft alarm sensor.
8 (b) A person commits unlawful possession of a theft
9 detection shielding device when he knowingly possesses any
10 laminated or coated bag or device peculiar to and designed
11 for shielding and intended to shield merchandise from
12 detection by an electronic or magnetic theft alarm sensor,
13 with the intent to commit theft or retail theft.
14 (c) A person commits unlawful possession of a theft
15 detection device remover when he knowingly possesses any tool
16 or device designed to allow the removal of any theft
17 detection device from any merchandise with the intent to use
18 such tool to remove any theft detection device from any
19 merchandise without the permission of the merchant or person
20 owning or holding said merchandise.
21 (d) Any person convicted for the first time of violating
22 the provisions of subsection (a), (b), or (c) of this Section
23 is guilty of a Class A misdemeanor. A second or subsequent
24 offense is a Class 4 felony.
25 (Source: P.A. 84-1094; revised 10-31-98.)
26 (720 ILCS 5/17-3) (from Ch. 38, par. 17-3)
27 (Text of Section before amendment by P.A. 90-759)
28 Sec. 17-3. Forgery.
29 (a) A person commits forgery when, with intent to
30 defraud, he knowingly:
31 (1) Makes or alters any document apparently capable
32 of defrauding another in such manner that it purports to
33 have been made by another or at another time, or with
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1 different provisions, or by authority of one who did not
2 give such authority; or
3 (2) Issues or delivers such document knowing it to
4 have been thus made or altered; or
5 (3) Possesses, with intent to issue or deliver, any
6 such document knowing it to have been thus made or
7 altered; or
8 (4) Unlawfully uses the digital signature, as
9 defined in the Financial Institutions Digital Signature
10 Act, of another.
11 (b) An intent to defraud means an intention to cause
12 another to assume, create, transfer, alter or terminate any
13 right, obligation or power with reference to any person or
14 property. As used in this Section, "document" includes, but
15 is not limited to, any document, representation, or image
16 produced manually, electronically, or by computer.
17 (c) A document apparently capable of defrauding another
18 includes, but is not limited to, one by which any right,
19 obligation or power with reference to any person or property
20 may be created, transferred, altered or terminated.
21 (d) Sentence.
22 Forgery is a Class 3 felony.
23 (Source: P.A. 90-575, eff. 3-20-98.)
24 (Text of Section after amendment by P.A. 90-759)
25 Sec. 17-3. Forgery.
26 (a) A person commits forgery when, with intent to
27 defraud, he knowingly:
28 (1) makes or alters any document apparently capable
29 of defrauding another in such manner that it purports to
30 have been made by another or at another time, or with
31 different provisions, or by authority of one who did not
32 give such authority; or
33 (2) issues or delivers such document knowing it to
34 have been thus made or altered; or
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1 (3) possesses, with intent to issue or deliver, any
2 such document knowing it to have been thus made or
3 altered; or
4 (4) unlawfully uses the digital signature, as
5 defined in the Financial Institutions Digital Signature
6 Act, of another; or.
7 (5) (4) unlawfully uses the signature device of
8 another to create an electronic signature of that other
9 person, as those terms are defined in the Electronic
10 Commerce Security Act.
11 (b) An intent to defraud means an intention to cause
12 another to assume, create, transfer, alter or terminate any
13 right, obligation or power with reference to any person or
14 property. As used in this Section, "document" includes, but
15 is not limited to, any document, representation, or image
16 produced manually, electronically, or by computer.
17 (c) A document apparently capable of defrauding another
18 includes, but is not limited to, one by which any right,
19 obligation or power with reference to any person or property
20 may be created, transferred, altered or terminated. A
21 document includes any record or electronic record as those
22 terms are defined in the Electronic Commerce Security Act.
23 (d) Sentence.
24 Forgery is a Class 3 felony.
25 (Source: P.A. 90-575, eff. 3-20-98; 90-759, eff. 7-1-99;
26 revised 9-22-98.)
27 (720 ILCS 5/17B-10)
28 Sec. 17B-10. Administrative malfeasance.
29 (a) A person who misappropriates, misuses, or unlawfully
30 withholds or converts to his or her own use or to the use of
31 another any public funds made available for the Illinois
32 Department of Public Health or Department of Human Services
33 Special Supplemental Food Program for Women, Infants and
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1 Children (WIC) is guilty of a violation of this Article and
2 shall be punished as provided in Section 17B-20.
3 (b) An official or employee of a State, county, or unit
4 of local government who willfully facilitates, aids, abets,
5 assists, or knowingly participates in a known violation of
6 Section 17B-5, 17B-10, or 17B-15 is subject to disciplinary
7 proceedings under the rules of the applicable Illinois
8 Department or unit of local government.
9 (Source: P.A. 88-680, eff. 1-1-95; 89-8, eff. 3-21-95;
10 89-377, eff. 8-18-95; 89-507, eff. 7-1-97; revised 10-31-98.)
11 (720 ILCS 5/18-5)
12 Sec. 18-5. Aggravated robbery.
13 (a) A person commits aggravated robbery when he or she
14 takes property from the person or presence of another by the
15 use of force or by threatening the imminent use of force
16 while indicating verbally or by his or her actions to the
17 victim that he or she is presently armed with a firearm or
18 other dangerous weapon, including a knife, club, ax, or
19 bludgeon. This offense shall be applicable even though it is
20 later determined that he or she had no firearm or other
21 dangerous weapon, including a knife, club, ax, or bludgeon,
22 in his or her possession when he or she committed the
23 robbery.
24 (a-5) A person commits aggravated robbery when he or she
25 takes property from the person or presence of another by
26 delivering (by injection, inhalation, ingestion, transfer of
27 possession, or any other means) to the victim without his or
28 her consent, or by threat or deception, and for other than
29 medical purposes, any controlled substance.
30 (b) Sentence. Aggravated robbery is a Class 1 felony.
31 (Source: P.A. 90-593, eff. 1-1-99; 90-735, eff. 8-11-98;
32 revised 9-16-98.)
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1 (720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2)
2 Sec. 24-1.2. Aggravated discharge of a firearm.
3 (a) A person commits aggravated discharge of a firearm
4 when he knowingly or intentionally:
5 (1) Discharges a firearm at or into a building he
6 knows to be occupied and the firearm is discharged from a
7 place or position outside that building;
8 (2) Discharges a firearm in the direction of
9 another person or in the direction of a vehicle he knows
10 to be occupied;
11 (3) Discharges a firearm in the direction of a
12 person he knows to be a peace officer, a community
13 policing volunteer, a correctional institution employee,
14 or a fireman while the officer, volunteer, employee or
15 fireman is engaged in the execution of any of his
16 official duties, or to prevent the officer, volunteer,
17 employee or fireman from performing his official duties,
18 or in retaliation for the officer, volunteer, employee or
19 fireman performing his official duties;
20 (4) Discharges a firearm in the direction of a
21 vehicle he knows to be occupied by a peace officer, a
22 person summoned or directed by a peace officer, a
23 correctional institution employee or a fireman while the
24 officer, employee or fireman is engaged in the execution
25 of any of his official duties, or to prevent the officer,
26 employee or fireman from performing his official duties,
27 or in retaliation for the officer, employee or fireman
28 performing his official duties;
29 (5) Discharges a firearm in the direction of a
30 person he knows to be an emergency medical technician -
31 ambulance, emergency medical technician - intermediate,
32 emergency medical technician - paramedic, ambulance
33 driver, or other medical assistance or first aid
34 personnel, employed by a municipality or other
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1 governmental unit, while the emergency medical technician
2 - ambulance, emergency medical technician - intermediate,
3 emergency medical technician - paramedic, ambulance
4 driver, or other medical assistance or first aid
5 personnel is engaged in the execution of any of his
6 official duties, or to prevent the emergency medical
7 technician - ambulance, emergency medical technician -
8 intermediate, emergency medical technician - paramedic,
9 ambulance driver, or other medical assistance or first
10 aid personnel from performing his official duties, or in
11 retaliation for the emergency medical technician -
12 ambulance, emergency medical technician - intermediate,
13 emergency medical technician - paramedic, ambulance
14 driver, or other medical assistance or first aid
15 personnel performing his official duties; or
16 (6) Discharges a firearm in the direction of a
17 vehicle he knows to be occupied by an emergency medical
18 technician - ambulance, emergency medical technician -
19 intermediate, emergency medical technician - paramedic,,
20 ambulance driver, or other medical assistance or first
21 aid personnel, employed by a municipality or other
22 governmental unit, while the emergency medical technician
23 - ambulance, emergency medical technician - intermediate,
24 emergency medical technician - paramedic, ambulance
25 driver, or other medical assistance or first aid
26 personnel is engaged in the execution of any of his
27 official duties, or to prevent the emergency medical
28 technician - ambulance, emergency medical technician -
29 intermediate, emergency medical technician - paramedic,
30 ambulance driver, or other medical assistance or first
31 aid personnel from performing his official duties, or in
32 retaliation for the emergency medical technician -
33 ambulance, emergency medical technician - intermediate,
34 emergency medical technician - paramedic, ambulance
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1 driver, or other medical assistance or first aid
2 personnel performing his official duties.
3 (b) A violation of subsection (a)(1) or subsection
4 (a)(2) of this Section is a Class 1 felony. A violation of
5 subsection (a)(3), (a)(4), (a)(5), or (a)(6) of this Section
6 is a Class X felony for which the sentence shall be a term of
7 imprisonment of no less than 10 years and not more than 45
8 years.
9 (Source: P.A. 90-651, eff. 1-1-99; revised 10-31-98.)
10 (720 ILCS 5/25-1.1)
11 Sec. 25-1.1. Unlawful contact with streetgang members.
12 (a) A person commits the offense of unlawful contact
13 with streetgang members when:
14 (1) He or she knowingly has direct or indirect
15 contact with a streetgang member as defined in Section 10
16 of the Illinois Streetgang Terrorism Omnibus Prevention
17 Act after having been sentenced to probation, conditional
18 discharge, or supervision for a criminal offense with a
19 condition of such sentence being to refrain from direct
20 or indirect contact with a streetgang member or members;
21 or
22 (2) He or she knowingly has direct or indirect
23 contact with a streetgang member as defined in Section 10
24 of the Illinois Streetgang Terrorism Omnibus Prevention
25 Act after having been released on bond for any criminal
26 offense with a condition of such bond being to refrain
27 from direct or indirect contact with a streetgang member
28 or members.;
29 (b) Unlawful contact with streetgang members is a Class
30 A misdemeanor.
31 (c) This Section does not apply to a person when the
32 only streetgang member or members he or she is with is a
33 family or household member or members as defined in paragraph
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1 (3) of Section 112A-3 of the Code of Criminal Procedure of
2 1963 and the streetgang members are not engaged in any
3 streetgang related activity.
4 (Source: P.A. 90-795, eff. 8-14-98; revised 9-22-98.)
5 (720 ILCS 5/31A-1.2) (from Ch. 38, par. 31A-1.2)
6 Sec. 31A-1.2. Unauthorized bringing of contraband into a
7 penal institution by an employee; unauthorized possessing of
8 contraband in a penal institution by an employee;
9 unauthorized delivery of contraband in a penal institution by
10 an employee.
11 (a) A person commits the offense of unauthorized
12 bringing of contraband into a penal institution by an
13 employee when a person who is an employee knowingly and
14 without authority or any person designated or authorized to
15 grant such authority:
16 (1) brings or attempts to bring an item of
17 contraband listed in paragraphs (i) through (iv) of
18 subsection (d)(4) into a penal institution, or
19 (2) causes or permits another to bring an item of
20 contraband listed in paragraphs (i) through (iv) of
21 subsection (d)(4) into a penal institution.
22 (b) A person commits the offense of unauthorized
23 possession of contraband in a penal institution by an
24 employee when a person who is an employee knowingly and
25 without authority of any person designated or authorized to
26 grant such authority possesses contraband listed in
27 paragraphs (i) through (iv) of subsection (d)(4) in a penal
28 institution, regardless of the intent with which he possesses
29 it.
30 (c) A person commits the offense of unauthorized
31 delivery of contraband in a penal institution by an employee
32 when a person who is an employee knowingly and without
33 authority of any person designated or authorized to grant
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1 such authority:
2 (1) delivers or possesses with intent to deliver an
3 item of contraband to any inmate of a penal institution,
4 or
5 (2) conspires to deliver or solicits the delivery
6 of an item of contraband to any inmate of a penal
7 institution, or
8 (3) causes or permits the delivery of an item of
9 contraband to any inmate of a penal institution, or
10 (4) permits another person to attempt to deliver an
11 item of contraband to any inmate of a penal institution.
12 (d) For purpose of this Section, the words and phrases
13 listed below shall be defined as follows:
14 (1) "Penal Institution" shall have the meaning
15 ascribed to it in subsection (c)(1) of Section 31A-1.1 of
16 this Code;
17 (2) "Employee" means any elected or appointed
18 officer, trustee or employee of a penal institution or of
19 the governing authority of the penal institution, or any
20 person who performs services for the penal institution
21 pursuant to contract with the penal institution or its
22 governing authority.
23 (3) "Deliver" or "delivery" means the actual,
24 constructive or attempted transfer of possession of an
25 item of contraband, with or without consideration,
26 whether or not there is an agency relationship;
27 (4) "Item of contraband" means any of the
28 following:
29 (i) "Alcoholic liquor" as such term is defined
30 in Section 1-3.05 of the Liquor Control Act of 1934.
31 (ii) "Cannabis" as such term is defined in
32 subsection (a) of Section 3 of the Cannabis Control
33 Act.
34 (iii) "Controlled substance" as such term is
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1 defined in the Illinois Controlled Substances
2 Substance Act.
3 (iv) "Hypodermic syringe" or hypodermic
4 needle, or any instrument adapted for use of
5 controlled substances or cannabis by subcutaneous
6 injection.
7 (v) "Weapon" means any knife, dagger, dirk,
8 billy, razor, stiletto, broken bottle, or other
9 piece of glass which could be used as a dangerous
10 weapon. Such term includes any of the devices or
11 implements designated in subsections (a)(1), (a)(3)
12 and (a)(6) of Section 24-1 of this Act, or any other
13 dangerous weapon or instrument of like character.
14 (vi) "Firearm" means any device, by whatever
15 name known, which is designed to expel a projectile
16 or projectiles by the action of an explosion,
17 expansion of gas or escape of gas, including but not
18 limited to:
19 (A) any pneumatic gun, spring gun, or B-B
20 gun which expels a single globular projectile
21 not exceeding .18 inch in diameter; or
22 (B) any device used exclusively for
23 signaling or safety and required or recommended
24 by the United States Coast Guard or the
25 Interstate Commerce Commission; or
26 (C) any device used exclusively for the
27 firing of stud cartridges, explosive rivets or
28 industrial ammunition; or
29 (D) any device which is powered by
30 electrical charging units, such as batteries,
31 and which fires one or several barbs attached
32 to a length of wire and which, upon hitting a
33 human, can send out current capable of
34 disrupting the person's nervous system in such
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1 a manner as to render him incapable of normal
2 functioning, commonly referred to as a stun gun
3 or taser.
4 (vii) "Firearm ammunition" means any
5 self-contained cartridge or shotgun shell, by
6 whatever name known, which is designed to be used or
7 adaptable to use in a firearm, including but not
8 limited to:
9 (A) any ammunition exclusively designed
10 for use with a device used exclusively for
11 signaling or safety and required or recommended
12 by the United States Coast Guard or the
13 Interstate Commerce Commission; or
14 (B) any ammunition designed exclusively
15 for use with a stud or rivet driver or other
16 similar industrial ammunition.
17 (viii) "Explosive" means, but is not limited
18 to, bomb, bombshell, grenade, bottle or other
19 container containing an explosive substance of over
20 one-quarter ounce for like purposes such as black
21 powder bombs and Molotov cocktails or artillery
22 projectiles.
23 (ix) "Tool to defeat security mechanisms"
24 means, but is not limited to, handcuff or security
25 restraint key, tool designed to pick locks, or
26 device or instrument capable of unlocking handcuff
27 or security restraints, doors to cells, rooms, gates
28 or other areas of the penal institution.
29 (x) "Cutting tool" means, but is not limited
30 to, hacksaw blade, wirecutter, or device, instrument
31 or file capable of cutting through metal.
32 (xi) "Electronic contraband" means, but is not
33 limited to, any electronic, video recording device,
34 computer, or cellular communications equipment,
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1 including, but not limited to, cellular telephones,
2 cellular telephone batteries, videotape recorders,
3 pagers, computers, and computer peripheral
4 equipment.
5 (e) A violation of paragraphs (a) or (b) of this Section
6 involving alcohol is a Class 4 felony. A violation of
7 paragraph (a) or (b) of this Section involving cannabis is a
8 Class 2 felony. A violation of paragraph (a) or (b)
9 involving any amount of a controlled substance classified in
10 Schedules III, IV or V of Article II of the Illinois
11 Controlled Substances Act is a Class 1 felony. A violation
12 of paragraph (a) or (b) of this Section involving any amount
13 of a controlled substance classified in Schedules I or II of
14 Article II of the Illinois Controlled Substances Act is a
15 Class X felony. A violation of paragraph (a) or (b)
16 involving an item of contraband listed in paragraph (iv) of
17 subsection (d)(4) is a Class X felony. A violation of
18 paragraph (a) or (b) involving an item of contraband listed
19 in paragraph (v) or (xi) of subsection (d)(4) is a Class 1
20 felony. A violation of paragraph (a) or (b) involving an
21 item of contraband listed in paragraphs (vi), (vii) or (viii)
22 of subsection (d)(4) is a Class X felony.
23 (f) A violation of paragraph (c) of this Section
24 involving alcoholic liquor is a Class 3 felony. A violation
25 of paragraph (c) involving cannabis is a Class 1 felony. A
26 violation of paragraph (c) involving any amount of a
27 controlled substance classified in Schedules III, IV or V of
28 Article II of the Illinois Controlled Substances Act is a
29 Class X felony. A violation of paragraph (c) involving any
30 amount of a controlled substance classified in Schedules I or
31 II of Article II of the Illinois Controlled Substances Act is
32 a Class X felony for which the minimum term of imprisonment
33 shall be 8 years. A violation of paragraph (c) involving an
34 item of contraband listed in paragraph (iv) of subsection
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1 (d)(4) is a Class X felony for which the minimum term of
2 imprisonment shall be 8 years. A violation of paragraph (c)
3 involving an item of contraband listed in paragraph (v), (ix)
4 or (x) of subsection (d)(4) is a Class X felony for which the
5 minimum term of imprisonment shall be 10 years. A violation
6 of paragraph (c) involving an item of contraband listed in
7 paragraphs (vi), (vii) or (viii) of subsection (d)(4) is a
8 Class X felony for which the minimum term of imprisonment
9 shall be 12 years.
10 (g) Items confiscated may be retained for use by the
11 Department of Corrections or disposed of as deemed
12 appropriate by the Chief Administrative Officer in accordance
13 with Department rules or disposed of as required by law.
14 (Source: P.A. 89-688, eff. 6-1-97; 90-655, eff. 7-30-98.
15 revised 10-31-98.)
16 (720 ILCS 5/34-1) (from Ch. 38, par. 34-1)
17 Sec. 34-1. Effect of headings. Section, Article, and
18 Title headings contained herein shall not be deemed to
19 govern, limit, modify or in any manner affect the scope,
20 meaning, or intent of the provisions of any Section, Article,
21 or Title hereof.
22 (Source: Laws 1961, p. 1983; revised 10-31-98.)
23 (720 ILCS 5/46-4)
24 Sec. 46-4. Organizer of an aggravated fraud conspiracy.
25 (a) A person commits the offense of being an organizer
26 of an aggravated fraud conspiracy when he:
27 (1) with the intent that a violation of Section
28 46-2 of this Code be committed, agrees with another to
29 the commission of that offense; and
30 (2) with respect to other persons within the
31 conspiracy, occupies a position of organizer, supervisor,
32 financer, or other position of management.
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1 No person may be convicted of the offense of being an
2 organizer of an aggravated fraud conspiracy unless an overt
3 act or acts in furtherance of the agreement is alleged and
4 proved to have been committed by him or by a co-conspirator
5 and the accused is part of a common scheme or plan to engage
6 in the unlawful activity. For the purposes of this Section,
7 the person or persons with whom the accused is alleged to
8 have agreed to commit the 3 or more violations of Section
9 46-1 or 46-1.1 of this Code need not be the same person or
10 persons for each violation, as long as the accused occupied a
11 position of organizer, supervisor, financer, or other
12 position of management in each of the 3 or more alleged
13 violations.
14 (b) It is not a defense to the offense of being an
15 organizer of an aggravated fraud conspiracy that the person
16 or persons with whom the accused is alleged to have
17 conspired:
18 (1) have not been prosecuted or convicted;
19 (2) have been convicted of a different offense;
20 (3) are not amenable to justice;
21 (4) have been acquitted; or
22 (5) lacked the capacity to commit an offense.
23 (c) Notwithstanding Section 8-5 of this Code, a person
24 may be convicted and sentenced both for the offense of being
25 an organizer of an aggravated fraud conspiracy and for any
26 other offense that is the object of the conspiracy.
27 (d) The offense of being an organizer of an aggravated
28 fraud conspiracy is a Class X felony.
29 (Source: P.A. 90-333, eff. 1-1-98; revised 10-31-98.)
30 Section 238. The Sale Price Ad Act is amended by
31 changing Section 2 as follows:
32 (720 ILCS 350/2) (from Ch. 121 1/2, par. 852)
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1 Sec. 2. Whenever a seller advertises that consumer
2 consumers goods are for sale and that advertisement states
3 the price of the consumer goods, the stated price must
4 include all services incidental to the proper use of the
5 goods by the purchaser, or the ad must state clearly that
6 such services will be furnished at extra cost.
7 (Source: P.A. 79-732; revised 10-31-98.)
8 Section 239. The Ticket Scalping Act is amended by
9 changing Section 2 as follows:
10 (720 ILCS 375/2) (from Ch. 121 1/2, par. 157.33)
11 Sec. 2. (a) Whoever violates any of the provisions of
12 Section 1.5 1 1/2 of this Act shall be guilty of a Class A
13 misdemeanor and may be fined up to $5,000.00 for each offense
14 and whoever violates any other provision of this Act may be
15 enjoined and be required to make restitution to all injured
16 consumers upon application for injunctive relief by the
17 State's Attorney or Attorney General and shall also be guilty
18 of a Class A misdemeanor, and any owner, lessee, manager or
19 trustee convicted under this Act shall, in addition to the
20 penalty herein provided, forfeit the license of such theatre,
21 circus, baseball park, place of public entertainment or
22 amusement so granted and the same shall be revoked by the
23 authorities granting the same.
24 (b) Tickets sold or offered for sale by a person, firm
25 or corporation in violation of Section 1.5 1 1/2 of this Act
26 may be confiscated by a court on motion of the Attorney
27 General, a State's Attorney, the sponsor of the event for
28 which the tickets are being sold, or the owner or operator of
29 the facility at which the event is to be held, and may be
30 donated by order of the court to an appropriate organization
31 as defined under Section 2 of the Charitable Games Act.
32 (c) The Attorney General, a State's Attorney, the
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1 sponsor of an event for which tickets are being sold, or the
2 owner or operator of the facility at which an event is to be
3 held may seek an injunction restraining any person, firm or
4 corporation from selling or offering for sale tickets in
5 violation of the provisions of this Act. In addition, on
6 motion of the Attorney General, a State's Attorney, the
7 sponsor of an event for which tickets are being sold, or the
8 owner or operator of the facility at which an event is to be
9 held, a court may permanently enjoin a person, firm or
10 corporation found guilty of violating Section 1.5 1 1/2 of
11 this Act from engaging in the offer or sale of tickets.
12 (Source: P.A. 86-1210; revised 10-31-98.)
13 Section 240. The Illinois Controlled Substances Act is
14 amended by changing Sections 401, 402, 405, and 411.1 as
15 follows:
16 (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
17 Sec. 401. Except as authorized by this Act, it is
18 unlawful for any person knowingly to manufacture or deliver,
19 or possess with intent to manufacture or deliver, a
20 controlled or counterfeit substance or controlled substance
21 analog. A violation of this Act with respect to each of the
22 controlled substances listed herein constitutes a single and
23 separate violation of this Act. For purposes of this
24 Section, "controlled substance analog" or "analog" means a
25 substance which is intended for human consumption, other than
26 a controlled substance, that has a chemical structure
27 substantially similar to that of a controlled substance in
28 Schedule I or II, or that was specifically designed to
29 produce an effect substantially similar to that of a
30 controlled substance in Schedule I or II. Examples of
31 chemical classes in which controlled substance analogs are
32 found include, but are not limited to, the following:
-1382- LRB9101253EGfg
1 phenethylamines, N-substituted piperidines, morphinans,
2 ecgonines, quinazolinones, substituted indoles, and
3 arylcycloalkylamines. For purposes of this Act, a controlled
4 substance analog shall be treated in the same manner as the
5 controlled substance to which it is substantially similar.
6 (a) Any person who violates this Section with respect to
7 the following amounts of controlled or counterfeit substances
8 or controlled substance analogs, notwithstanding any of the
9 provisions of subsections (c), (d), (e), (f), (g) or (h) to
10 the contrary, is guilty of a Class X felony and shall be
11 sentenced to a term of imprisonment as provided in this
12 subsection (a) and fined as provided in subsection (b):
13 (1) (A) not less than 6 years and not more than 30
14 years with respect to 15 grams or more but less than
15 100 grams of a substance containing heroin, or an
16 analog thereof;
17 (B) not less than 9 years and not more than 40
18 years with respect to 100 grams or more but less
19 than 400 grams of a substance containing heroin, or
20 an analog thereof;
21 (C) not less than 12 years and not more than
22 50 years with respect to 400 grams or more but less
23 than 900 grams of a substance containing heroin, or
24 an analog thereof;
25 (D) not less than 15 years and not more than
26 60 years with respect to 900 grams or more of any
27 substance containing heroin, or an analog thereof;
28 (2) (A) not less than 6 years and not more than 30
29 years with respect to 15 grams or more but less than
30 100 grams of a substance containing cocaine, or an
31 analog thereof;
32 (B) not less than 9 years and not more than 40
33 years with respect to 100 grams or more but less
34 than 400 grams of a substance containing cocaine, or
-1383- LRB9101253EGfg
1 an analog thereof;
2 (C) not less than 12 years and not more than
3 50 years with respect to 400 grams or more but less
4 than 900 grams of a substance containing cocaine, or
5 an analog thereof;
6 (D) not less than 15 years and not more than
7 60 years with respect to 900 grams or more of any
8 substance containing cocaine, or an analog thereof;
9 (3) (A) not less than 6 years and not more than 30
10 years with respect to 15 grams or more but less than
11 100 grams of a substance containing morphine, or an
12 analog thereof;
13 (B) not less than 9 years and not more than 40
14 years with respect to 100 grams or more but less
15 than 400 grams of a substance containing morphine,
16 or an analog thereof;
17 (C) not less than 12 years and not more than
18 50 years with respect to 400 grams or more but less
19 than 900 grams of a substance containing morphine,
20 or an analog thereof;
21 (D) not less than 15 years and not more than
22 60 years with respect to 900 grams or more of a
23 substance containing morphine, or an analog thereof;
24 (4) 200 grams or more of any substance containing
25 peyote, or an analog thereof;
26 (5) 200 grams or more of any substance containing a
27 derivative of barbituric acid or any of the salts of a
28 derivative of barbituric acid, or an analog thereof;
29 (6) 200 grams or more of any substance containing
30 amphetamine or any salt of an optical isomer of
31 amphetamine, or an analog thereof;
32 (6.5) (A) not less than 6 years and not more than
33 30 years with respect to 15 grams or more but less
34 than 100 grams of a substance containing
-1384- LRB9101253EGfg
1 methamphetamine or any salt of an optical isomer of
2 methamphetamine, or an analog thereof;
3 (B) not less than 6 years and not more than 40
4 years with respect to 100 grams or more but less
5 than 400 grams of a substance containing
6 methamphetamine or any salt of an optical isomer of
7 methamphetamine, or an analog thereof;
8 (C) not less than 6 years and not more than 50
9 years with respect to 400 grams or more but less
10 than 900 grams of a substance containing
11 methamphetamine or any salt of an optical isomer of
12 methamphetamine, or an analog thereof;
13 (D) not less than 6 years and not more than 60
14 years with respect to 900 grams or more of any
15 substance containing methamphetamine or any salt of
16 an optical isomer of methamphetamine, or an analog
17 thereof.
18 (7) (A) not less than 6 years and not more than 30
19 years with respect to: (i) 15 grams or more but less
20 than 100 grams of a substance containing lysergic
21 acid diethylamide (LSD), or an analog thereof, or
22 (ii) 15 or more objects or 15 or more segregated
23 parts of an object or objects but less than 200
24 objects or 200 segregated parts of an object or
25 objects containing in them or having upon them any
26 amounts of any substance containing lysergic acid
27 diethylamide (LSD), or an analog thereof;
28 (B) not less than 9 years and not more than 40
29 years with respect to: (i) 100 grams or more but
30 less than 400 grams of a substance containing
31 lysergic acid diethylamide (LSD), or an analog
32 thereof, or (ii) 200 or more objects or 200 or more
33 segregated parts of an object or objects but less
34 than 600 objects or less than 600 segregated parts
-1385- LRB9101253EGfg
1 of an object or objects containing in them or having
2 upon them any amount of any substance containing
3 lysergic acid diethylamide (LSD), or an analog
4 thereof;
5 (C) not less than 12 years and not more than
6 50 years with respect to: (i) 400 grams or more but
7 less than 900 grams of a substance containing
8 lysergic acid diethylamide (LSD), or an analog
9 thereof, or (ii) 600 or more objects or 600 or more
10 segregated parts of an object or objects but less
11 than 1500 objects or 1500 segregated parts of an
12 object or objects containing in them or having upon
13 them any amount of any substance containing lysergic
14 acid diethylamide (LSD), or an analog thereof;
15 (D) not less than 15 years and not more than
16 60 years with respect to: (i) 900 grams or more of
17 any substance containing lysergic acid diethylamide
18 (LSD), or an analog thereof, or (ii) 1500 or more
19 objects or 1500 or more segregated parts of an
20 object or objects containing in them or having upon
21 them any amount of a substance containing lysergic
22 acid diethylamide (LSD), or an analog thereof;
23 (8) 30 grams or more of any substance containing
24 pentazocine or any of the salts, isomers and salts of
25 isomers of pentazocine, or an analog thereof;
26 (9) 30 grams or more of any substance containing
27 methaqualone or any of the salts, isomers and salts of
28 isomers of methaqualone, or an analog thereof;
29 (10) 30 grams or more of any substance
30 containing phencyclidine or any of the salts, isomers
31 and salts of isomers of phencyclidine (PCP), or an
32 analog thereof;
33 (10.5) 30 grams or more of any substance containing
34 ketamine or any of the salts, isomers and salts of
-1386- LRB9101253EGfg
1 isomers of ketamine, or an analog thereof;
2 (11) 200 grams or more of any substance containing
3 any other controlled substance classified in Schedules I
4 or II, or an analog thereof, which is not otherwise
5 included in this subsection.
6 (b) Any person sentenced with respect to violations of
7 paragraph (1), (2), (3), (6.5), or (7) of subsection (a)
8 involving 100 grams or more of the controlled substance named
9 therein, may in addition to the penalties provided therein,
10 be fined an amount not more than $500,000 or the full street
11 value of the controlled or counterfeit substance or
12 controlled substance analog, whichever is greater. The term
13 "street value" shall have the meaning ascribed in Section
14 110-5 of the Code of Criminal Procedure of 1963. Any person
15 sentenced with respect to any other provision of subsection
16 (a), may in addition to the penalties provided therein, be
17 fined an amount not to exceed $500,000.
18 (c) Any person who violates this Section with regard to
19 the following amounts of controlled or counterfeit substances
20 or controlled substance analogs, notwithstanding any of the
21 provisions of subsections (a), (b), (d), (e), (f), (g) or (h)
22 to the contrary, is guilty of a Class 1 felony. The fine for
23 violation of this subsection (c) shall not be more than
24 $250,000:
25 (1) 10 or more grams but less than 15 grams of any
26 substance containing heroin, or an analog thereof;
27 (2) 1 gram or more but less than 15 grams of any
28 substance containing cocaine, or an analog thereof;
29 (3) 10 grams or more but less than 15 grams of any
30 substance containing morphine, or an analog thereof;
31 (4) 50 grams or more but less than 200 grams of any
32 substance containing peyote, or an analog thereof;
33 (5) 50 grams or more but less than 200 grams of any
34 substance containing a derivative of barbituric acid or
-1387- LRB9101253EGfg
1 any of the salts of a derivative of barbituric acid, or
2 an analog thereof;
3 (6) 50 grams or more but less than 200 grams of any
4 substance containing amphetamine or any salt of an
5 optical isomer of amphetamine, or an analog thereof;
6 (6.5) 5 grams or more but less than 15 grams of any
7 substance containing methamphetamine or any salt or
8 optical isomer of methamphetamine, or an analog thereof;
9 (7) (i) 5 grams or more but less than 15 grams of
10 any substance containing lysergic acid diethylamide
11 (LSD), or an analog thereof, or (ii) more than 10 objects
12 or more than 10 segregated parts of an object or objects
13 but less than 15 objects or less than 15 segregated parts
14 of an object containing in them or having upon them any
15 amount of any substance containing lysergic acid
16 diethylamide (LSD), or an analog thereof;
17 (8) 10 grams or more but less than 30 grams of any
18 substance containing pentazocine or any of the salts,
19 isomers and salts of isomers of pentazocine, or an analog
20 thereof;
21 (9) 10 grams or more but less than 30 grams of any
22 substance containing methaqualone or any of the salts,
23 isomers and salts of isomers of methaqualone, or an
24 analog thereof;
25 (10) 10 grams or more but less than 30 grams of any
26 substance containing phencyclidine or any of the salts,
27 isomers and salts of isomers of phencyclidine (PCP), or
28 an analog thereof;
29 (10.5) 10 grams or more but less than 30 grams of
30 any substance containing ketamine or any of the salts,
31 isomers and salts of isomers of ketamine, or an analog
32 thereof;
33 (11) 50 grams or more but less than 200 grams of
34 any substance containing a substance classified in
-1388- LRB9101253EGfg
1 Schedules I or II, or an analog thereof, which is not
2 otherwise included in this subsection.
3 (d) Any person who violates this Section with regard to
4 any other amount of a controlled or counterfeit substance
5 classified in Schedules I or II, or an analog thereof, which
6 is (i) a narcotic drug, (ii) lysergic acid diethylamide (LSD)
7 or an analog thereof, or (iii) any substance containing
8 methamphetamine or any salt or optical isomer of
9 methamphetamine, or an analog thereof, is guilty of a Class 2
10 felony. The fine for violation of this subsection (d) shall
11 not be more than $200,000.
12 (e) Any person who violates this Section with regard to
13 any other amount of a controlled or counterfeit substance
14 classified in Schedule I or II, or an analog thereof, which
15 substance is not included under subsection (d) of this
16 Section, is guilty of a Class 3 felony. The fine for
17 violation of this subsection (e) shall not be more than
18 $150,000.
19 (f) Any person who violates this Section with regard to
20 any other amount of a controlled or counterfeit substance
21 classified in Schedule III is guilty of a Class 3 felony. The
22 fine for violation of this subsection (f) shall not be more
23 than $125,000.
24 (g) Any person who violates this Section with regard to
25 any other amount of a controlled or counterfeit substance
26 classified in Schedule IV is guilty of a Class 3 felony. The
27 fine for violation of this subsection (g) shall not be more
28 than $100,000.
29 (h) Any person who violates this Section with regard to
30 any other amount of a controlled or counterfeit substance
31 classified in Schedule V is guilty of a Class 3 felony. The
32 fine for violation of this subsection (h) shall not be more
33 than $75,000.
34 (i) This Section does not apply to the manufacture,
-1389- LRB9101253EGfg
1 possession or distribution of a substance in conformance with
2 the provisions of an approved new drug application or an
3 exemption for investigational use within the meaning of
4 Section 505 of the Federal Food, Drug and Cosmetic Act.
5 (Source: P.A. 89-404, eff. 8-20-95; 90-382, eff. 8-15-97;
6 90-593, eff. 6-19-98; 90-674, eff. 1-1-99; revised 9-16-98.)
7 (720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
8 Sec. 402. Except as otherwise authorized by this Act, it
9 is unlawful for any person knowingly to possess a controlled
10 or counterfeit substance. A violation of this Act with
11 respect to each of the controlled substances listed herein
12 constitutes a single and separate violation of this Act.
13 (a) Any person who violates this Section with respect to
14 the following controlled or counterfeit substances and
15 amounts, notwithstanding any of the provisions of subsections
16 subsection (c) and (d) to the contrary, is guilty of a Class
17 1 felony and shall, if sentenced to a term of imprisonment,
18 be sentenced as provided in this subsection (a) and fined as
19 provided in subsection (b):
20 (1) (A) not less than 4 years and not more than 15
21 years with respect to 15 grams or more but less than
22 100 grams of a substance containing heroin;
23 (B) not less than 6 years and not more than 30
24 years with respect to 100 grams or more but less
25 than 400 grams of a substance containing heroin;
26 (C) not less than 8 years and not more than 40
27 years with respect to 400 grams or more but less
28 than 900 grams of any substance containing heroin;
29 (D) not less than 10 years and not more than
30 50 years with respect to 900 grams or more of any
31 substance containing heroin;
32 (2) (A) not less than 4 years and not more than 15
33 years with respect to 15 grams or more but less than
-1390- LRB9101253EGfg
1 100 grams of any substance containing cocaine;
2 (B) not less than 6 years and not more than 30
3 years with respect to 100 grams or more but less
4 than 400 grams of any substance containing cocaine;
5 (C) not less than 8 years and not more than 40
6 years with respect to 400 grams or more but less
7 than 900 grams of any substance containing cocaine;
8 (D) not less than 10 years and not more than
9 50 years with respect to 900 grams or more of any
10 substance containing cocaine;
11 (3) (A) not less than 4 years and not more than 15
12 years with respect to 15 grams or more but less than
13 100 grams of any substance containing morphine;
14 (B) not less than 6 years and not more than 30
15 years with respect to 100 grams or more but less
16 than 400 grams of any substance containing morphine;
17 (C) not less than 8 years and not more than 40
18 years with respect to 400 grams or more but less
19 than 900 grams of any substance containing morphine;
20 (D) not less than 10 years and not more than
21 50 years with respect to 900 grams or more of any
22 substance containing morphine;
23 (4) 200 grams or more of any substance containing
24 peyote;
25 (5) 200 grams or more of any substance containing a
26 derivative of barbituric acid or any of the salts of a
27 derivative of barbituric acid;
28 (6) 200 grams or more of any substance containing
29 amphetamine or any salt of an optical isomer of
30 amphetamine;
31 (6.5) (A) not less than 4 years and not more than
32 15 years with respect to 15 grams or more but less
33 than 100 grams of a substance containing
34 methamphetamine or any salt of an optical isomer of
-1391- LRB9101253EGfg
1 methamphetamine;
2 (B) not less than 6 years and not more than 30
3 years with respect to 100 grams or more but less
4 than 400 grams of a substance containing
5 methamphetamine or any salt of an optical isomer of
6 methamphetamine;
7 (C) not less than 6 years and not more than 40
8 years with respect to 400 grams or more but less
9 than 900 grams of a substance containing
10 methamphetamine or any salt of an optical isomer of
11 methamphetamine;
12 (D) not less than 6 years and not more than 50
13 years with respect to 900 grams or more of any
14 substance containing methamphetamine or any salt of
15 an optical isomer of methamphetamine;
16 (7) (A) not less than 4 years and not more than 15
17 years with respect to: (i) 15 grams or more but less
18 than 100 grams of any substance containing lysergic
19 acid diethylamide (LSD), or an analog thereof, or
20 (ii) 15 or more objects or 15 or more segregated
21 parts of an object or objects but less than 200
22 objects or 200 segregated parts of an object or
23 objects containing in them or having upon them any
24 amount of any substance containing lysergic acid
25 diethylamide (LSD), or an analog thereof;
26 (B) not less than 6 years and not more than 30
27 years with respect to: (i) 100 grams or more but
28 less than 400 grams of any substance containing
29 lysergic acid diethylamide (LSD), or an analog
30 thereof, or (ii) 200 or more objects or 200 or more
31 segregated parts of an object or objects but less
32 than 600 objects or less than 600 segregated parts
33 of an object or objects containing in them or having
34 upon them any amount of any substance containing
-1392- LRB9101253EGfg
1 lysergic acid diethylamide (LSD), or an analog
2 thereof;
3 (C) not less than 8 years and not more than 40
4 years with respect to: (i) 400 grams or more but
5 less than 900 grams of any substance containing
6 lysergic acid diethylamide (LSD), or an analog
7 thereof, or (ii) 600 or more objects or 600 or more
8 segregated parts of an object or objects but less
9 than 1500 objects or 1500 segregated parts of an
10 object or objects containing in them or having upon
11 them any amount of any substance containing lysergic
12 acid diethylamide (LSD), or an analog thereof;
13 (D) not less than 10 years and not more than
14 50 years with respect to: (i) 900 grams or more of
15 any substance containing lysergic acid diethylamide
16 (LSD), or an analog thereof, or (ii) 1500 or more
17 objects or 1500 or more segregated parts of an
18 object or objects containing in them or having upon
19 them any amount of a substance containing lysergic
20 acid diethylamide (LSD), or an analog thereof;
21 (8) 30 grams or more of any substance containing
22 pentazocine or any of the salts, isomers and salts of
23 isomers of pentazocine, or an analog thereof;
24 (9) 30 grams or more of any substance containing
25 methaqualone or any of the salts, isomers and salts of
26 isomers of methaqualone;
27 (10) 30 grams or more of any substance containing
28 phencyclidine or any of the salts, isomers and salts of
29 isomers of phencyclidine (PCP);
30 (10.5) 30 grams or more of any substance containing
31 ketamine or any of the salts, isomers and salts of
32 isomers of ketamine;
33 (11) 200 grams or more of any substance containing
34 any substance classified as a narcotic drug in Schedules
-1393- LRB9101253EGfg
1 I or II which is not otherwise included in this
2 subsection.
3 (b) Any person sentenced with respect to violations of
4 paragraph (1), (2), (3) or (7) of subsection (a) involving
5 100 grams or more of the controlled substance named therein,
6 may in addition to the penalties provided therein, be fined
7 an amount not to exceed $200,000 or the full street value of
8 the controlled or counterfeit substances, whichever is
9 greater. The term "street value" shall have the meaning
10 ascribed in Section 110-5 of the Code of Criminal Procedure
11 of 1963. Any person sentenced with respect to any other
12 provision of subsection (a), may in addition to the penalties
13 provided therein, be fined an amount not to exceed $200,000.
14 (c) Any person who violates this Section with regard to
15 an amount of a controlled or counterfeit substance not set
16 forth in subsection (a) or (d) is guilty of a Class 4 felony.
17 The fine for a violation punishable under this subsection (c)
18 shall not be more than $25,000.
19 (d) Any person who violates this Section with regard to
20 any amount of anabolic steroid is guilty of a Class C
21 misdemeanor for the first offense and a Class B misdemeanor
22 for a subsequent offense committed within 2 years of a prior
23 conviction.
24 (Source: P.A. 89-404, eff. 8-20-95; 90-382, eff. 8-15-97;
25 90-384, eff. 1-1-98; 90-593, eff. 6-19-98; 90-655, eff.
26 7-30-98; 90-674, eff. 1-1-99; revised 11-4-98.)
27 (720 ILCS 570/405) (from Ch. 56 1/2, par. 1405)
28 Sec. 405. (a) Any person who engages in a calculated
29 criminal drug conspiracy, as defined in subsection (b), is
30 guilty of a Class X felony. The fine for violation of this
31 Section shall not be more than $500,000, and the offender
32 shall be subject to the forfeitures prescribed in subsection
33 (c).
-1394- LRB9101253EGfg
1 (b) For purposes of this section, a person engages in a
2 calculated criminal drug conspiracy when:
3 (1) he violates any of the provisions of subsection
4 subsections (a) or (c) of Section 401 or subsection (a)
5 of Section 402; and
6 (2) such violation is a part of a conspiracy
7 undertaken or carried on with two or more other persons;
8 and
9 (3) he obtains anything of value greater than $500
10 from, or organizes, directs or finances such violation or
11 conspiracy.
12 (c) Any person who is convicted under this section of
13 engaging in a calculated criminal drug conspiracy shall
14 forfeit to the State of Illinois:
15 (1) the receipts obtained by him in such
16 conspiracy; and
17 (2) any of his interests in, claims against,
18 receipts from, or property or rights of any kind
19 affording a source of influence over, such conspiracy.
20 (d) The circuit court may enter such injunctions,
21 restraining orders, directions or prohibitions, or to take
22 such other actions, including the acceptance of satisfactory
23 performance bonds, in connection with any property, claim,
24 receipt, right or other interest subject to forfeiture under
25 this Section, as it deems proper.
26 (Source: P.A. 87-754; revised 10-31-98.)
27 (720 ILCS 570/411.1) (from Ch. 56 1/2, par. 1411.1)
28 Sec. 411.1. (a) Whenever any person pleads guilty to,
29 is found guilty of or is placed on supervision for an offense
30 under this Article, a fine may be levied in addition to any
31 other penalty imposed by the court.
32 (b) In determining whether to impose a fine under this
33 Section and the amount, time for payment, and method of
-1395- LRB9101253EGfg
1 payment of any fine so imposed impose, the court shall:
2 (1) consider the defendant's income, regardless of
3 source, the defendant's earning capacity and the
4 defendant's financial resources, as well as the nature of
5 the burden the fine will impose on the defendant and any
6 person legally or financially dependent upon the
7 defendant;
8 (2) consider the proof received at trial, or as a
9 result of a plea of guilty, concerning the full street
10 value of the controlled substances seized and any profits
11 or other proceeds derived by the defendant from the
12 violation of this Act;
13 (3) take into account any other pertinent equitable
14 considerations; and
15 (4) give primary consideration to the need to
16 deprive the defendant of illegally obtained profits or
17 other proceeds from the offense.
18 For the purpose of paragraph (2) of this subsection,
19 "street value" shall be determined by the court on the basis
20 of testimony of law enforcement personnel and the defendant
21 as to the amount seized and such testimony as may be required
22 by the court as to the current street value of the controlled
23 substances.
24 (c) As a condition of a fine, the court may require that
25 payment be made in specified installments or within a
26 specified period of time, but such period shall not be
27 greater than the maximum applicable term of probation or
28 imprisonment, whichever is greater. Unless otherwise
29 specified, payment of a fine shall be due immediately.
30 (d) If a fine for a violation of this Act is imposed on
31 an organization, it is the duty of each individual authorized
32 to make disbursements of the assets of the organization to
33 pay the fine from assets of the organization.
34 (e) (1) A defendant who has been sentenced to pay a
-1396- LRB9101253EGfg
1 fine, and who has paid part but not all of such fine, may
2 petition the court for an extension of the time for payment
3 or modification of the method of payment.
4 (2) The court may grant a petition made pursuant to this
5 subsection if it finds that:
6 (i) the circumstances that warranted payment by the
7 time or method specified no longer exist; or
8 (ii) it is otherwise unjust to require payment of
9 the fine by the time or method specified.
10 (Source: P.A. 83-778; revised 10-31-98.)
11 Section 241. The Drug Paraphernalia Control Act is
12 amended by changing Section 4 as follows:
13 (720 ILCS 600/4) (from Ch. 56 1/2, par. 2104)
14 Sec. 4. Exemptions. This Act shall not apply to:
15 (a) Items marketed for use in the preparation,
16 compounding, packaging, labeling, or other use of cannabis or
17 a controlled substance as an incident to lawful research,
18 teaching, or chemical analysis and not for sale.; or
19 (b) Items marketed for, or historically and customarily
20 used in connection with, the planting, propagating,
21 cultivating, growing, harvesting, manufacturing, compounding,
22 converting, producing, processing, preparing, testing,
23 analyzing, packaging, repackaging, storing, containing,
24 concealing, injecting, ingesting, or inhaling of tobacco or
25 any other lawful substance.
26 Items exempt under this subsection include, but are not
27 limited to, garden hoes, rakes, sickles, baggies, tobacco
28 pipes, and cigarette-rolling papers.
29 (c) Items listed in Section 2 (2) of this Act which are
30 marketed for decorative purposes, when such items have been
31 rendered completely inoperable or incapable of being used for
32 any illicit purpose prohibited by this Act.
-1397- LRB9101253EGfg
1 In determining whether or not a particular item is exempt
2 under this subsection, the trier of fact should consider, in
3 addition to all other logically relevant factors, the
4 following:
5 (1) the general, usual, customary, and historical
6 use to which the item involved has been put;
7 (2) expert evidence concerning the ordinary or
8 customary use of the item and the effect of any
9 peculiarity in the design or engineering of the device
10 upon its functioning;
11 (3) any written instructions accompanying the
12 delivery of the item concerning the purposes or uses to
13 which the item can or may be put;
14 (4) any oral instructions provided by the seller of
15 the item at the time and place of sale or commercial
16 delivery;
17 (5) any national or local advertising, concerning
18 the design, purpose or use of the item involved, and the
19 entire context in which such advertising occurs;
20 (6) the manner, place and circumstances in which
21 the item was displayed for sale, as well as any item or
22 items displayed for sale or otherwise exhibited upon the
23 premises where the sale was made;
24 (7) whether the owner or anyone in control of the
25 object is a legitimate supplier of like or related items
26 to the community, such as a licensed distributor or
27 dealer of tobacco products;
28 (8) the existence and scope of legitimate uses for
29 the object in the community.
30 (Source: P.A. 82-1032; revised 10-31-98.)
31 Section 242. The Grain Coloring Act is amended by
32 changing Section 2 as follows:
-1398- LRB9101253EGfg
1 (720 ILCS 625/2) (from Ch. 5, par. 212)
2 Sec. 2. No person shall offer for sale, or procure to be
3 sold, any barley, wheat, or other grain that has, which shall
4 have been subjected to such fumigation, or other process, as
5 provided in Section 1 one (1) of this Act, knowing such
6 barley, wheat, or other grain to have been so subjected.
7 (Source: Laws 1877, p. 91; revised 10-31-98.)
8 Section 243. The Code of Criminal Procedure of 1963 is
9 amended by changing Sections 112A-13 and 115-10 as follows:
10 (725 ILCS 5/112A-13) (from Ch. 38, par. 112A-13)
11 Sec. 112A-13. Continuances.
12 (a) Petitions for Emergency Orders. Petitions for
13 emergency remedies shall be granted or denied in accordance
14 with the standards of Section 217 of the Illinois Domestic
15 Violence Act of 1986, regardless of respondent's presence in
16 court or appearance.
17 (b) Petitions for Interim and Plenary Orders. Any
18 action for an order of protection is an expedited proceeding.
19 Continuances should be granted only for good cause shown and
20 kept to the minimum reasonable duration, taking into account
21 the reasons for the continuance. If the continuance is
22 necessary for some, but not all, of the remedies requested,
23 hearing on those other remedies shall not be delayed.
24 (Source: P.A. 84-1305; revised 10-31-98.)
25 (725 ILCS 5/115-10) (from Ch. 38, par. 115-10)
26 Sec. 115-10. Certain hearsay exceptions.
27 (a) In a prosecution for a physical or sexual act
28 perpetrated upon or against a child under the age of 13, or a
29 person who was an institutionalized severely or profoundly
30 mentally retarded person as defined in Section 2-10.1 of the
31 Criminal Code of 1961 at the time the act was committed,
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1 including but not limited to prosecutions for violations of
2 Sections 12-13 through 12-16 of the Criminal Code of 1961 and
3 prosecutions for violations of Sections 10-1, 10-2, 10-3,
4 10-3.1, 10-4, 10-5, 10-6, 10-7, 11-6, 11-9, 11-11, 11-15.1,
5 11-17.1, 11-18.1, 11-19.1, 11-19.2, 11-20.1, 11-21, 12-1,
6 12-2, 12-3, 12-3.2, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-4.7,
7 12-5, 12-6, 12-6.1, 12-7.1, 12-7.3, 12-7.4, 12-10, 12-11,
8 12-21.5, 12-21.6 and 12-32 of the Criminal Code of 1961, the
9 following evidence shall be admitted as an exception to the
10 hearsay rule:
11 (1) testimony by the victim of an out of court
12 statement made by the victim that he or she complained of
13 such act to another; and
14 (2) testimony of an out of court statement made by
15 the victim describing any complaint of such act or matter
16 or detail pertaining to any act which is an element of an
17 offense which is the subject of a prosecution for a
18 sexual or physical act against that victim.
19 (b) Such testimony shall only be admitted if:
20 (1) The court finds in a hearing conducted outside
21 the presence of the jury that the time, content, and
22 circumstances of the statement provide sufficient
23 safeguards of reliability; and
24 (2) The child or institutionalized severely or
25 profoundly mentally retarded person either:
26 (A) testifies at the proceeding; or
27 (B) is unavailable as a witness and there is
28 corroborative evidence of the act which is the
29 subject of the statement; and
30 (3) In a case involving an offense perpetrated
31 against a child under the age of 13, the out of court
32 statement was made before the victim attained 13 years of
33 age or within 3 months after the commission of the
34 offense, whichever occurs later, but the statement may be
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1 admitted regardless of the age of the victim at the time
2 of the proceeding.
3 (c) If a statement is admitted pursuant to this Section,
4 the court shall instruct the jury that it is for the jury to
5 determine the weight and credibility to be given the
6 statement and that, in making the determination, it shall
7 consider the age and maturity of the child, or the
8 intellectual capabilities of the institutionalized severely
9 or profoundly mentally retarded person, the nature of the
10 statement, the circumstances under which the statement was
11 made, and any other relevant factor.
12 (d) The proponent of the statement shall give the
13 adverse party reasonable notice of his intention to offer the
14 statement and the particulars of the statement.
15 (e) Statements described in paragraphs (1) and (2) of
16 subsection (a) shall not be excluded on the basis that they
17 were obtained as a result of interviews conducted pursuant to
18 a protocol adopted by a Child Advocacy Advisory Board as set
19 forth in subsections (c), (d), and (e) of Section 3 of the
20 Children's Advocacy Center Act or that an interviewer or
21 witness to the interview was or is an employee, agent, or
22 investigator of a State's Attorney's office.
23 (Source: P.A. 90-656, eff. 7-30-98; 90-786, eff. 1-1-99;
24 revised 9-16-98.)
25 Section 244. The Rights of Crime Victims and Witnesses
26 Act is amended by changing Section 5 as follows:
27 (725 ILCS 120/5) (from Ch. 38, par. 1405)
28 Sec. 5. Rights of Witnesses.
29 (a) Witnesses as defined in subsection (b) of Section 3
30 of this Act shall have the following rights:
31 (1) to be notified by the Office of the State's
32 Attorney of all court proceedings at which the witness'
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1 presence is required in a reasonable amount of time prior
2 to the proceeding, and to be notified of the cancellation
3 of any scheduled court proceeding in sufficient time to
4 prevent an unnecessary appearance in court, where
5 possible;
6 (2) to be provided with appropriate employer
7 intercession services by the Office of the State's
8 Attorney or the victim advocate personnel to ensure that
9 employers of witnesses will cooperate with the criminal
10 justice system in order to minimize an employee's loss of
11 pay and other benefits resulting from court appearances;
12 (3) to be provided, whenever possible, a secure
13 waiting area during court proceedings that does not
14 require witnesses to be in close proximity to defendants
15 and their families and friends;
16 (4) to be provided with notice by the Office of the
17 State's Attorney, where necessary, of the right to have a
18 translator present whenever the witness' presence is
19 required.
20 (b) At the written request of the witness, the witness
21 shall:
22 (1) receive notice from the office of the State's
23 Attorney of any request for post-conviction review filed
24 by the defendant under Article 122 of the Code of
25 Criminal Procedure of 1963, and of the date, time, and
26 place of any hearing concerning the petition for
27 post-conviction review; whenever possible, notice of the
28 hearing on the petition shall be given in advance;
29 (2) receive notice by the releasing authority of
30 the defendant's discharge from State custody if the
31 defendant was committed to the Department of Human
32 Services under Section 5-2-4 or any other provision of
33 the Unified Code of Corrections;
34 (3) receive notice from the Prisoner Review Board
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1 of the prisoner's escape from State custody, after the
2 Board has been notified of the escape by the Department
3 of Corrections; when the escapee is apprehended, the
4 Department of Corrections shall immediately notify the
5 Prisoner Review Board and the Board shall notify the
6 witness;
7 (4) receive notice from the Prisoner Review Board
8 of the prisoner's release on parole, electronic
9 detention, work release or mandatory supervised release
10 and of the prisoner's final discharge from parole,
11 electronic detention, work release, or mandatory
12 supervised release.
13 (Source: P.A. 88-489; 88-596, eff. 8-28-94; 88-677, eff.
14 12-15-94; 89-235, eff. 8-4-95; 89-507, eff. 7-1-97; revised
15 10-31-98.)
16 Section 245. The Pretrial Services Act is amended by
17 changing Sections 20 and 31 as follows:
18 (725 ILCS 185/20) (from Ch. 38, par. 320)
19 Sec. 20. In preparing and presenting its written reports
20 under Sections Section 17 and 19, pretrial services agencies
21 shall in appropriate cases include specific recommendations
22 for the setting, increase, or decrease of bail; the release
23 of the interviewee on his own recognizance in sums certain;
24 and the imposition of pretrial conditions to bail or
25 recognizance designed to minimize the risks of nonappearance,
26 the commission of new offenses while awaiting trial, and
27 other potential interference with the orderly administration
28 of justice. In establishing objective internal criteria of
29 any such recommendation policies, the agency may utilize
30 so-called "point scales" for evaluating the aforementioned
31 risks, but no interviewee shall be considered as ineligible
32 for particular agency recommendations by sole reference to
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1 such procedures.
2 (Source: P.A. 84-1449; revised 10-31-98.)
3 (725 ILCS 185/31) (from Ch. 38, par. 331)
4 Sec. 31. Information and records maintained by the
5 pretrial services agency which have has not been disclosed in
6 open court during a court proceeding shall not be released by
7 the pretrial services agency to any individual or
8 organization, other than any employee of a Probation and
9 Court Service Department, without the express permission of
10 the interviewed or supervised person at or near the time the
11 information is to be released. An individual shall have
12 access to all information and records about himself or
13 herself maintained by or collected by the pretrial services
14 agency. The principle of confidentiality shall not bar a
15 pretrial services agency from making its data available for
16 research purposes to qualified personnel, provided that no
17 records or other information shall be made available in which
18 individuals interviewed or supervised are identified or from
19 which their identities are ascertainable.
20 (Source: P.A. 84-1449; revised 10-31-98.)
21 Section 246. The Sexually Violent Persons Commitment Act
22 is amended by changing Sections 10 and 15 as follows:
23 (725 ILCS 207/10)
24 Sec. 10. Notice to the Attorney General and State's
25 Attorney.
26 (a) In this Act, "agency with jurisdiction" means the
27 agency with the authority or duty to release or discharge the
28 person.
29 (b) If an agency with jurisdiction has control or
30 custody over a person who may meet the criteria for
31 commitment as a sexually violent person, the agency with
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1 jurisdiction shall inform the Attorney General and the
2 State's Attorney in a position to file a petition under
3 paragraph (a)(2) of Section 15 of this Act regarding the
4 person as soon as possible beginning 3 months prior to the
5 applicable date of the following:
6 (1) The anticipated release from imprisonment or
7 the anticipated entry into mandatory supervised release
8 of a person who has been convicted of a sexually violent
9 offense.
10 (2) The anticipated release from a Department of
11 Corrections correctional facility or juvenile
12 correctional facility of a person adjudicated delinquent
13 under Section 5-20 of the Juvenile Court Act of 1987 (now
14 repealed) or found guilty under Section 5-620 of that
15 Act, on the basis of a sexually violent offense.
16 (3) The discharge or conditional release of a
17 person who has been found not guilty of a sexually
18 violent offense by reason of insanity under Section 5-2-4
19 of the Unified Code of Corrections.
20 (c) The agency with jurisdiction shall provide the
21 Attorney General and the State's Attorney with all of the
22 following:
23 (1) The person's name, identifying factors,
24 anticipated future residence and offense history;
25 (2) A comprehensive evaluation of the person's
26 mental condition, the basis upon which a determination
27 has been made that the person is subject to commitment
28 under subsection (b) of Section 15 of this Act and a
29 recommendation for action in furtherance of the purposes
30 of this Act; and
31 (3) If applicable, documentation of any treatment
32 and the person's adjustment to any institutional
33 placement.
34 (d) Any agency or officer, employee or agent of an
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1 agency is immune from criminal or civil liability for any
2 acts or omissions as the result of a good faith effort to
3 comply with this Section.
4 (Source: P.A. 90-40, eff. 1-1-98; 90-793, eff. 8-14-98;
5 revised 8-26-98.)
6 (725 ILCS 207/15)
7 Sec. 15. Sexually violent person petition; contents;
8 filing.
9 (a) A petition alleging that a person is a sexually
10 violent person may be filed by:
11 (1) The Attorney General, at the request of the
12 agency with jurisdiction over the person, as defined in
13 subsection (a) of Section 10 of this Act, or on his or
14 her own motion. If the Attorney General, after
15 consulting with and advising the State's Attorney of the
16 county referenced in paragraph (a)(2) of this Section,
17 decides to file a petition under this Section, he or she
18 shall file the petition before the date of the release or
19 discharge of the person or within 30 days of placement
20 onto parole or mandatory supervised release for an
21 offense enumerated in paragraph (e) of Section 5 of this
22 Act.
23 (2) If the Attorney General does not file a
24 petition under this Section, the State's Attorney of the
25 county in which the person was convicted of a sexually
26 violent offense, adjudicated delinquent for a sexually
27 violent offense or found not guilty of or not responsible
28 for a sexually violent offense by reason of insanity,
29 mental disease, or mental defect may file a petition.
30 (3) The Attorney General and the State's Attorney
31 referenced in paragraph (a)(2) of this Section jointly.
32 (b) A petition filed under this Section shall allege
33 that all of the following apply to the person alleged to be a
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1 sexually violent person:
2 (1) The person satisfies any of the following
3 criteria:
4 (A) The person has been convicted of a
5 sexually violent offense;
6 (B) The person has been found delinquent for a
7 sexually violent offense; or
8 (C) The person has been found not guilty of a
9 sexually violent offense by reason of insanity,
10 mental disease, or mental defect.
11 (2) The person is within 90 days of discharge or
12 entry into mandatory supervised release from a Department
13 of Corrections correctional facility for a sentence that
14 was imposed upon a conviction for a sexually violent
15 offense or for a sentence that is being served
16 concurrently or consecutively with a sexually violent
17 offense or is within the initial 30 days of the person's
18 entry date into parole or mandatory supervised release;
19 or
20 (3) The person is within 90 days of discharge or
21 release from a Department of Corrections juvenile
22 correctional facility, if the person was placed in the
23 facility for being adjudicated delinquent under Section
24 5-20 of the Juvenile Court Act of 1987 (now repealed) or
25 found guilty under Section 5-620 of that Act, on the
26 basis of a sexually violent offense or from a commitment
27 order that was entered as a result of a sexually violent
28 offense.
29 (4) The person has a mental disorder.
30 (5) The person is dangerous to others because the
31 person's mental disorder creates a substantial
32 probability that he or she will engage in acts of sexual
33 violence.
34 (c) A petition filed under this Section shall state with
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1 particularity essential facts to establish probable cause to
2 believe the person is a sexually violent person. If the
3 petition alleges that a sexually violent offense or act that
4 is a basis for the allegation under paragraph (b)(1) of this
5 Section was an act that was sexually motivated as provided
6 under paragraph (e)(2) of Section 5 of this Act, the petition
7 shall state the grounds on which the offense or act is
8 alleged to be sexually motivated.
9 (d) A petition under this Section shall be filed in
10 either of the following:
11 (1) The circuit court for the county in which the
12 person was convicted of a sexually violent offense,
13 adjudicated delinquent for a sexually violent offense or
14 found not guilty of a sexually violent offense by reason
15 of insanity, mental disease or mental defect.
16 (2) The circuit court for the county in which the
17 person is in custody under a sentence, a placement to a
18 Department of Corrections correctional facility or
19 juvenile correctional facility, or a commitment order.
20 (Source: P.A. 90-40, eff. 1-1-98; 90-793, eff. 8-14-98;
21 revised 8-26-98.)
22 Section 247. The Unified Code of Corrections is amended
23 by changing Sections 3-2-2, 3-6-3, 3-6-3.1, 5-4-1, 5-5-3,
24 5-5-3.1, 5-5-3.2, 5-6-1, 5-7-6, and 5-8A-4 as follows:
25 (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
26 Sec. 3-2-2. Powers and Duties of the Department.
27 (1) In addition to the powers, duties and
28 responsibilities which are otherwise provided by law, the
29 Department shall have the following powers:
30 (a) To accept persons committed to it by the courts
31 of this State for care, custody, treatment and
32 rehabilitation.
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1 (b) To develop and maintain reception and
2 evaluation units for purposes of analyzing the custody
3 and rehabilitation needs of persons committed to it and
4 to assign such persons to institutions and programs under
5 its control or transfer them to other appropriate
6 agencies. In consultation with the Department of
7 Alcoholism and Substance Abuse (now the Department of
8 Human Services), the Department of Corrections shall
9 develop a master plan for the screening and evaluation of
10 persons committed to its custody who have alcohol or drug
11 abuse problems, and for making appropriate treatment
12 available to such persons; the Department shall report to
13 the General Assembly on such plan not later than April 1,
14 1987. The maintenance and implementation of such plan
15 shall be contingent upon the availability of funds.
16 (b-5) To develop, in consultation with the
17 Department of State Police, a program for tracking and
18 evaluating each inmate from commitment through release
19 for recording his or her gang affiliations, activities,
20 or ranks.
21 (c) To maintain and administer all State
22 correctional institutions and facilities under its
23 control and to establish new ones as needed. Pursuant to
24 its power to establish new institutions and facilities,
25 the Department may, with the written approval of the
26 Governor, authorize the Department of Central Management
27 Services to enter into an agreement of the type described
28 in subsection (d) of Section 67.02 of the Civil
29 Administrative Code of Illinois. The Department shall
30 designate those institutions which shall constitute the
31 State Penitentiary System.
32 Pursuant to its power to establish new institutions
33 and facilities, the Department may authorize the
34 Department of Central Management Services to accept bids
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1 from counties and municipalities for the construction,
2 remodeling or conversion of a structure to be leased to
3 the Department of Corrections for the purposes of its
4 serving as a correctional institution or facility. Such
5 construction, remodeling or conversion may be financed
6 with revenue bonds issued pursuant to the Industrial
7 Building Revenue Bond Act by the municipality or county.
8 The lease specified in a bid shall be for a term of not
9 less than the time needed to retire any revenue bonds
10 used to finance the project, but not to exceed 40 years.
11 The lease may grant to the State the option to purchase
12 the structure outright.
13 Upon receipt of the bids, the Department may certify
14 one or more of the bids and shall submit any such bids to
15 the General Assembly for approval. Upon approval of a
16 bid by a constitutional majority of both houses of the
17 General Assembly, pursuant to joint resolution, the
18 Department of Central Management Services may enter into
19 an agreement with the county or municipality pursuant to
20 such bid.
21 (c-5) To build and maintain regional juvenile
22 detention centers and to charge a per diem to the
23 counties as established by the Department to defray the
24 costs of housing each minor in a center. In this
25 subsection (c-5), "juvenile detention center" means a
26 facility to house minors during pendency of trial who
27 have been transferred from proceedings under the Juvenile
28 Court Act of 1987 to prosecutions under the criminal laws
29 of this State in accordance with Section 5-805 of the
30 Juvenile Court Act of 1987, whether the transfer was by
31 operation of law or permissive under that Section. The
32 Department shall designate the counties to be served by
33 each regional juvenile detention center.
34 (d) To develop and maintain programs of control,
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1 rehabilitation and employment of committed persons within
2 its institutions.
3 (e) To establish a system of supervision and
4 guidance of committed persons in the community.
5 (f) To establish in cooperation with the Department
6 of Transportation to supply a sufficient number of
7 prisoners for use by the Department of Transportation to
8 clean up the trash and garbage along State, county,
9 township, or municipal highways as designated by the
10 Department of Transportation. The Department of
11 Corrections, at the request of the Department of
12 Transportation, shall furnish such prisoners at least
13 annually for a period to be agreed upon between the
14 Director of Corrections and the Director of
15 Transportation. The prisoners used on this program shall
16 be selected by the Director of Corrections on whatever
17 basis he deems proper in consideration of their term,
18 behavior and earned eligibility to participate in such
19 program - where they will be outside of the prison
20 facility but still in the custody of the Department of
21 Corrections. Prisoners convicted of first degree murder,
22 or a Class X felony, or armed violence, or aggravated
23 kidnapping, or criminal sexual assault, aggravated
24 criminal sexual abuse or a subsequent conviction for
25 criminal sexual abuse, or forcible detention, or arson,
26 or a prisoner adjudged a Habitual Criminal shall not be
27 eligible for selection to participate in such program.
28 The prisoners shall remain as prisoners in the custody of
29 the Department of Corrections and such Department shall
30 furnish whatever security is necessary. The Department of
31 Transportation shall furnish trucks and equipment for the
32 highway cleanup program and personnel to supervise and
33 direct the program. Neither the Department of Corrections
34 nor the Department of Transportation shall replace any
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1 regular employee with a prisoner.
2 (g) To maintain records of persons committed to it
3 and to establish programs of research, statistics and
4 planning.
5 (h) To investigate the grievances of any person
6 committed to the Department, to inquire into any alleged
7 misconduct by employees or committed persons, and to
8 investigate the assets of committed persons to implement
9 Section 3-7-6 of this Code; and for these purposes it may
10 issue subpoenas and compel the attendance of witnesses
11 and the production of writings and papers, and may
12 examine under oath any witnesses who may appear before
13 it; to also investigate alleged violations of a parolee's
14 or releasee's conditions of parole or release; and for
15 this purpose it may issue subpoenas and compel the
16 attendance of witnesses and the production of documents
17 only if there is reason to believe that such procedures
18 would provide evidence that such violations have
19 occurred.
20 If any person fails to obey a subpoena issued under
21 this subsection, the Director may apply to any circuit
22 court to secure compliance with the subpoena. The
23 failure to comply with the order of the court issued in
24 response thereto shall be punishable as contempt of
25 court.
26 (i) To appoint and remove the chief administrative
27 officers, and administer programs of training and
28 development of personnel of the Department. Personnel
29 assigned by the Department to be responsible for the
30 custody and control of committed persons or to
31 investigate the alleged misconduct of committed persons
32 or employees or alleged violations of a parolee's or
33 releasee's conditions of parole shall be conservators of
34 the peace for those purposes, and shall have the full
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1 power of peace officers outside of the facilities of the
2 Department in the protection, arrest, retaking and
3 reconfining of committed persons or where the exercise of
4 such power is necessary to the investigation of such
5 misconduct or violations.
6 (j) To cooperate with other departments and
7 agencies and with local communities for the development
8 of standards and programs for better correctional
9 services in this State.
10 (k) To administer all moneys and properties of the
11 Department.
12 (l) To report annually to the Governor on the
13 committed persons, institutions and programs of the
14 Department.
15 (l-5) In a confidential annual report to the
16 Governor, the Department shall identify all inmate gangs
17 by specifying each current gang's name, population and
18 allied gangs. The Department shall further specify the
19 number of top leaders identified by the Department for
20 each gang during the past year, and the measures taken by
21 the Department to segregate each leader from his or her
22 gang and allied gangs. The Department shall further
23 report the current status of leaders identified and
24 segregated in previous years. All leaders described in
25 the report shall be identified by inmate number or other
26 designation to enable tracking, auditing, and
27 verification without revealing the names of the leaders.
28 Because this report contains law enforcement intelligence
29 information collected by the Department, the report is
30 confidential and not subject to public disclosure.
31 (m) To make all rules and regulations and exercise
32 all powers and duties vested by law in the Department.
33 (n) To establish rules and regulations for
34 administering a system of good conduct credits,
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1 established in accordance with Section 3-6-3, subject to
2 review by the Prisoner Review Board.
3 (o) To administer the distribution of funds from
4 the State Treasury to reimburse counties where State
5 penal institutions are located for the payment of
6 assistant state's attorneys' salaries under Section
7 4-2001 of the Counties Code.
8 (p) To exchange information with the Department of
9 Human Services and the Illinois Department of Public Aid
10 for the purpose of verifying living arrangements and for
11 other purposes directly connected with the administration
12 of this Code and the Illinois Public Aid Code.
13 (q) To establish a diversion program.
14 The program shall provide a structured environment
15 for selected technical parole or mandatory supervised
16 release violators and committed persons who have violated
17 the rules governing their conduct while in work release.
18 This program shall not apply to those persons who have
19 committed a new offense while serving on parole or
20 mandatory supervised release or while committed to work
21 release.
22 Elements of the program shall include, but shall not
23 be limited to, the following:
24 (1) The staff of a diversion facility shall
25 provide supervision in accordance with required
26 objectives set by the facility.
27 (2) Participants shall be required to maintain
28 employment.
29 (3) Each participant shall pay for room and
30 board at the facility on a sliding-scale basis
31 according to the participant's income.
32 (4) Each participant shall:
33 (A) provide restitution to victims in
34 accordance with any court order;
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1 (B) provide financial support to his
2 dependents; and
3 (C) make appropriate payments toward any
4 other court-ordered obligations.
5 (5) Each participant shall complete community
6 service in addition to employment.
7 (6) Participants shall take part in such
8 counseling, educational and other programs as the
9 Department may deem appropriate.
10 (7) Participants shall submit to drug and
11 alcohol screening.
12 (8) The Department shall promulgate rules
13 governing the administration of the program.
14 (r) To enter into intergovernmental cooperation
15 agreements under which persons in the custody of the
16 Department may participate in a county impact
17 incarceration program established under Section 3-6038 or
18 3-15003.5 of the Counties Code.
19 (r-5) To enter into intergovernmental cooperation
20 agreements under which minors adjudicated delinquent and
21 committed to the Department of Corrections, Juvenile
22 Division, may participate in a county juvenile impact
23 incarceration program established under Section 3-6039 of
24 the Counties Code.
25 (r-10) To systematically and routinely identify
26 with respect to each streetgang active within the
27 correctional system: (1) each active gang; (2) every
28 existing inter-gang affiliation or alliance; and (3) the
29 current leaders in each gang. The Department shall
30 promptly segregate leaders from inmates who belong to
31 their gangs and allied gangs. "Segregate" means no
32 physical contact and, to the extent possible under the
33 conditions and space available at the correctional
34 facility, prohibition of visual and sound communication.
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1 For the purposes of this paragraph (r-10), "leaders"
2 means persons who:
3 (i) are members of a criminal streetgang;
4 (ii) with respect to other individuals within
5 the streetgang, occupy a position of organizer,
6 supervisor, or other position of management or
7 leadership; and
8 (iii) are actively and personally engaged in
9 directing, ordering, authorizing, or requesting
10 commission of criminal acts by others, which are
11 punishable as a felony, in furtherance of streetgang
12 related activity both within and outside of the
13 Department of Corrections.
14 "Streetgang", "gang", and "streetgang related" have the
15 meanings ascribed to them in Section 10 of the Illinois
16 Streetgang Terrorism Omnibus Prevention Act.
17 (s) To operate a super-maximum security
18 institution, in order to manage and supervise inmates who
19 are disruptive or dangerous and provide for the safety
20 and security of the staff and the other inmates.
21 (t) To monitor any unprivileged conversation or any
22 unprivileged communication, whether in person or by
23 mail, telephone, or other means, between an inmate who,
24 before commitment to the Department, was a member of an
25 organized gang and any other person without the need to
26 show cause or satisfy any other requirement of law before
27 beginning the monitoring, except as constitutionally
28 required. The monitoring may be by video, voice, or other
29 method of recording or by any other means. As used in
30 this subdivision (1)(t), "organized gang" has the meaning
31 ascribed to it in Section 10 of the Illinois Streetgang
32 Terrorism Omnibus Prevention Act.
33 As used in this subdivision (1)(t), "unprivileged
34 conversation" or "unprivileged communication" means a
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1 conversation or communication that is not protected by
2 any privilege recognized by law or by decision, rule, or
3 order of the Illinois Supreme Court.
4 (u) To establish a Women's and Children's
5 Pre-release Community Supervision Program for the purpose
6 of providing housing and services to eligible female
7 inmates, as determined by the Department, and their
8 newborn and young children.
9 (v) To do all other acts necessary to carry out the
10 provisions of this Chapter.
11 (2) The Department of Corrections shall by January 1,
12 1998, consider building and operating a correctional facility
13 within 100 miles of a county of over 2,000,000 inhabitants,
14 especially a facility designed to house juvenile participants
15 in the impact incarceration program.
16 (Source: P.A. 89-110, eff. 1-1-96; 89-302, eff. 8-11-95;
17 89-312, eff. 8-11-95; 89-390, eff. 8-20-95; 89-507, eff.
18 7-1-97; 89-626, eff. 8-9-96; 89-688, eff. 6-1-97; 89-689,
19 eff. 12-31-96; 90-14, eff. 7-1-97; 90-590, eff. 1-1-99;
20 90-658, eff. 1-1-99; revised 9-16-98.)
21 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
22 Sec. 3-6-3. Rules and Regulations for Early Release.
23 (a)(1) The Department of Corrections shall
24 prescribe rules and regulations for the early release on
25 account of good conduct of persons committed to the
26 Department which shall be subject to review by the
27 Prisoner Review Board.
28 (2) The rules and regulations on early release
29 shall provide, with respect to offenses committed on or
30 after June 19, 1998 the effective date of this amendatory
31 Act of 1998, the following:
32 (i) that a prisoner who is serving a term of
33 imprisonment for first degree murder shall receive
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1 no good conduct credit and shall serve the entire
2 sentence imposed by the court;
3 (ii) that a prisoner serving a sentence for
4 attempt to commit first degree murder, solicitation
5 of murder, solicitation of murder for hire,
6 intentional homicide of an unborn child, predatory
7 criminal sexual assault of a child, aggravated
8 criminal sexual assault, criminal sexual assault,
9 aggravated kidnapping, aggravated battery with a
10 firearm, heinous battery, aggravated battery of a
11 senior citizen, or aggravated battery of a child
12 shall receive no more than 4.5 days of good conduct
13 credit for each month of his or her sentence of
14 imprisonment; and
15 (iii) that a prisoner serving a sentence for
16 home invasion, armed robbery, aggravated vehicular
17 hijacking, aggravated discharge of a firearm, or
18 armed violence with a category I weapon or category
19 II weapon, when the court has made and entered a
20 finding, pursuant to subsection (c-1) of Section
21 5-4-1 of this Code, that the conduct leading to
22 conviction for the enumerated offense resulted in
23 great bodily harm to a victim, shall receive no more
24 than 4.5 days of good conduct credit for each month
25 of his or her sentence of imprisonment.
26 (2.1) For all offenses, other than those enumerated
27 in subdivision (a)(2) committed on or after June 19, 1998
28 the effective date of this amendatory Act of 1998, and
29 other than the offense of reckless homicide as defined in
30 subsection (e) of Section 9-3 of the Criminal Code of
31 1961 committed on or after January 1, 1999, the rules and
32 regulations shall provide that a prisoner who is serving
33 a term of imprisonment shall receive one day of good
34 conduct credit for each day of his or her sentence of
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1 imprisonment or recommitment under Section 3-3-9. Each
2 day of good conduct credit shall reduce by one day the
3 prisoner's period of imprisonment or recommitment under
4 Section 3-3-9.
5 (2.2) A prisoner serving a term of natural life
6 imprisonment or a prisoner who has been sentenced to
7 death shall receive no good conduct credit.
8 (2.3) The rules and regulations on early release
9 shall provide that a prisoner who is serving a sentence
10 for reckless homicide as defined in subsection (e) of
11 Section 9-3 of the Criminal Code of 1961 committed on or
12 after January 1, 1999 shall receive no more than 4.5 days
13 of good conduct credit for each month of his or her
14 sentence of imprisonment.
15 (3) The rules and regulations shall also provide
16 that the Director may award up to 180 days additional
17 good conduct credit for meritorious service in specific
18 instances as the Director deems proper; except that no
19 more than 90 days of good conduct credit for meritorious
20 service shall be awarded to any prisoner who is serving a
21 sentence for conviction of first degree murder, reckless
22 homicide while under the influence of alcohol or any
23 other drug, aggravated kidnapping, kidnapping, predatory
24 criminal sexual assault of a child, aggravated criminal
25 sexual assault, criminal sexual assault, deviate sexual
26 assault, aggravated criminal sexual abuse, aggravated
27 indecent liberties with a child, indecent liberties with
28 a child, child pornography, heinous battery, aggravated
29 battery of a spouse, aggravated battery of a spouse with
30 a firearm, stalking, aggravated stalking, aggravated
31 battery of a child, endangering the life or health of a
32 child, cruelty to a child, or narcotic racketeering.
33 Notwithstanding the foregoing, good conduct credit for
34 meritorious service shall not be awarded on a sentence of
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1 imprisonment imposed for conviction of: (i) one of the
2 offenses enumerated in subdivision (a)(2) when the
3 offense is committed on or after June 19, 1998 or (ii)
4 reckless homicide as defined in subsection (e) of Section
5 9-3 of the Criminal Code of 1961 when the offense is
6 committed on or after January 1, 1999 the effective date
7 of this amendatory Act of 1998.
8 (4) The rules and regulations shall also provide
9 that the good conduct credit accumulated and retained
10 under paragraph (2.1) of subsection (a) of this Section
11 by any inmate during specific periods of time in which
12 such inmate is engaged full-time in substance abuse
13 programs, correctional industry assignments, or
14 educational programs provided by the Department under
15 this paragraph (4) and satisfactorily completes the
16 assigned program as determined by the standards of the
17 Department, shall be multiplied by a factor of 1.25 for
18 program participation before August 11, 1993 and 1.50 for
19 program participation on or after that date. However, no
20 inmate shall be eligible for the additional good conduct
21 credit under this paragraph (4) while assigned to a boot
22 camp, mental health unit, or electronic detention, or if
23 convicted of an offense enumerated in paragraph (a)(2) of
24 this Section that is committed on or after June 19, 1998
25 the effective date of this amendatory Act of 1998, or if
26 convicted of reckless homicide as defined in subsection
27 (e) of Section 9-3 of the Criminal Code of 1961 if the
28 offense is committed on or after January 1, 1999, or
29 first degree murder, a Class X felony, criminal sexual
30 assault, felony criminal sexual abuse, aggravated
31 criminal sexual abuse, aggravated battery with a firearm,
32 or any predecessor or successor offenses with the same or
33 substantially the same elements, or any inchoate offenses
34 relating to the foregoing offenses. No inmate shall be
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1 eligible for the additional good conduct credit under
2 this paragraph (4) who (i) has previously received
3 increased good conduct credit under this paragraph (4)
4 and has subsequently been convicted of a felony, or (ii)
5 has previously served more than one prior sentence of
6 imprisonment for a felony in an adult correctional
7 facility.
8 Educational, vocational, substance abuse and
9 correctional industry programs under which good conduct
10 credit may be increased under this paragraph (4) shall be
11 evaluated by the Department on the basis of documented
12 standards. The Department shall report the results of
13 these evaluations to the Governor and the General
14 Assembly by September 30th of each year. The reports
15 shall include data relating to the recidivism rate among
16 program participants.
17 Availability of these programs shall be subject to
18 the limits of fiscal resources appropriated by the
19 General Assembly for these purposes. Eligible inmates
20 who are denied immediate admission shall be placed on a
21 waiting list under criteria established by the
22 Department. The inability of any inmate to become engaged
23 in any such programs by reason of insufficient program
24 resources or for any other reason established under the
25 rules and regulations of the Department shall not be
26 deemed a cause of action under which the Department or
27 any employee or agent of the Department shall be liable
28 for damages to the inmate.
29 (5) Whenever the Department is to release any
30 inmate earlier than it otherwise would because of a grant
31 of good conduct credit for meritorious service given at
32 any time during the term, the Department shall give
33 reasonable advance notice of the impending release to the
34 State's Attorney of the county where the prosecution of
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1 the inmate took place.
2 (b) Whenever a person is or has been committed under
3 several convictions, with separate sentences, the sentences
4 shall be construed under Section 5-8-4 in granting and
5 forfeiting of good time.
6 (c) The Department shall prescribe rules and regulations
7 for revoking good conduct credit, or suspending or reducing
8 the rate of accumulation of good conduct credit for specific
9 rule violations, during imprisonment. These rules and
10 regulations shall provide that no inmate may be penalized
11 more than one year of good conduct credit for any one
12 infraction.
13 When the Department seeks to revoke, suspend or reduce
14 the rate of accumulation of any good conduct credits for an
15 alleged infraction of its rules, it shall bring charges
16 therefor against the prisoner sought to be so deprived of
17 good conduct credits before the Prisoner Review Board as
18 provided in subparagraph (a)(4) of Section 3-3-2 of this
19 Code, if the amount of credit at issue exceeds 30 days or
20 when during any 12 month period, the cumulative amount of
21 credit revoked exceeds 30 days except where the infraction is
22 committed or discovered within 60 days of scheduled release.
23 In those cases, the Department of Corrections may revoke up
24 to 30 days of good conduct credit. The Board may subsequently
25 approve the revocation of additional good conduct credit, if
26 the Department seeks to revoke good conduct credit in excess
27 of 30 days. However, the Board shall not be empowered to
28 review the Department's decision with respect to the loss of
29 30 days of good conduct credit within any calendar year for
30 any prisoner or to increase any penalty beyond the length
31 requested by the Department.
32 The Director of the Department of Corrections, in
33 appropriate cases, may restore up to 30 days good conduct
34 credits which have been revoked, suspended or reduced. Any
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1 restoration of good conduct credits in excess of 30 days
2 shall be subject to review by the Prisoner Review Board.
3 However, the Board may not restore good conduct credit in
4 excess of the amount requested by the Director.
5 Nothing contained in this Section shall prohibit the
6 Prisoner Review Board from ordering, pursuant to Section
7 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of
8 the sentence imposed by the court that was not served due to
9 the accumulation of good conduct credit.
10 (d) If a lawsuit is filed by a prisoner in an Illinois
11 or federal court against the State, the Department of
12 Corrections, or the Prisoner Review Board, or against any of
13 their officers or employees, and the court makes a specific
14 finding that a pleading, motion, or other paper filed by the
15 prisoner is frivolous, the Department of Corrections shall
16 conduct a hearing to revoke up to 180 days of good conduct
17 credit by bringing charges against the prisoner sought to be
18 deprived of the good conduct credits before the Prisoner
19 Review Board as provided in subparagraph (a)(8) of Section
20 3-3-2 of this Code. If the prisoner has not accumulated 180
21 days of good conduct credit at the time of the finding, then
22 the Prisoner Review Board may revoke all good conduct credit
23 accumulated by the prisoner.
24 For purposes of this subsection (d):
25 (1) "Frivolous" means that a pleading, motion, or
26 other filing which purports to be a legal document filed
27 by a prisoner in his or her lawsuit meets any or all of
28 the following criteria:
29 (A) it lacks an arguable basis either in law
30 or in fact;
31 (B) it is being presented for any improper
32 purpose, such as to harass or to cause unnecessary
33 delay or needless increase in the cost of
34 litigation;
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1 (C) the claims, defenses, and other legal
2 contentions therein are not warranted by existing
3 law or by a nonfrivolous argument for the extension,
4 modification, or reversal of existing law or the
5 establishment of new law;
6 (D) the allegations and other factual
7 contentions do not have evidentiary support or, if
8 specifically so identified, are not likely to have
9 evidentiary support after a reasonable opportunity
10 for further investigation or discovery; or
11 (E) the denials of factual contentions are not
12 warranted on the evidence, or if specifically so
13 identified, are not reasonably based on a lack of
14 information or belief.
15 (2) "Lawsuit" means a petition for post-conviction
16 relief under Article 122 of the Code of Criminal
17 Procedure of 1963, a motion pursuant to Section 116-3 of
18 the Code of Criminal Procedure of 1963, a habeas corpus
19 action under Article X of the Code of Civil Procedure or
20 under federal law (28 U.S.C. 2254), a petition for claim
21 under the Court of Claims Act or an action under the
22 federal Civil Rights Act (42 U.S.C. 1983).
23 (e) Nothing in this amendatory Act of 1998 affects the
24 validity of Public Act 89-404. and other than the offense of
25 reckless homicide as defined in subsection (e) of Section 9-3
26 of the Criminal Code of 1961 committed on or after the
27 effective date of this amendatory Act of 1998, (2.3) The
28 rules and regulations on early release shall provide that a
29 prisoner who is serving sentence for reckless homicide as
30 defined in subsection (e) of Section 9-3 of the Criminal Code
31 of 1961 committed on or after the effective date of this
32 amendatory Act of 1998 shall receive no more than 4.5 days of
33 good conduct credit for each month of his or her sentence of
34 imprisonment.: (i) or (ii) reckless homicide as defined in
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1 subsection (e) of Section 9-3 of the Criminal Code of 1961
2 when the offense is committed on or after the effective date
3 of this amendatory Act of 1998 or if convicted of reckless
4 homicide as defined in subsection (e) of Section 9-3 of the
5 Criminal Code of 1961 if the offense is committed on or after
6 the effective date of this amendatory Act of 1998,
7 (Source: P.A. 90-592, eff. 6-19-98; 90-593, eff. 6-19-98;
8 90-655, eff. 7-30-98; 90-740, eff. 1-1-99; revised 11-25-98.)
9 (730 ILCS 5/3-6-3.1)
10 Sec. 3-6-3.1. Truth-in-Sentencing Commission.
11 (a) Legislative findings. The General Assembly finds
12 that violent crime continues to be a severe problem in
13 Illinois. Criminals sentenced to prison for violating the
14 laws of Illinois are often released after serving a fraction
15 of their sentence under Illinois' early release statute. The
16 early release of criminals from prison after they are
17 sentenced to longer terms in court misleads the public as
18 well as victims of crime. Many of these criminals return to
19 a life of crime immediately upon their early release from
20 prison, committing violent acts including murder and rape.
21 Public safety, as well as the integrity of the justice
22 system, demands that criminals serve the sentences handed
23 down by the courts, and that a Truth-in-Sentencing Commission
24 be established to effectuate this goal.
25 (b) Truth-in-Sentencing Commission. There is created
26 the Illinois Truth-in-Sentencing Commission, to consist of 13
27 members as follows:
28 (1) Three members appointed by the Governor, one of
29 whom shall be a member of the faculty of an accredited
30 Illinois law school;
31 (2) The Attorney General or his or her designee;
32 (3) One member appointed by the President of the
33 Senate;
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1 (4) One member appointed by the Minority Leader of
2 the Senate;
3 (5) One member appointed by the Speaker of the
4 House of Representatives;
5 (6) One member appointed by the Minority Leader of
6 the House of Representatives;
7 (7) The Director of the Illinois Department of
8 Corrections or his or her designee;
9 (8) The State's Attorney of Cook County or his or
10 her designee;
11 (9) The Executive Director of the Illinois Criminal
12 Justice Information Authority or his or her designee;
13 (10) The President of the Illinois State's
14 Attorneys Association; and
15 (11) The President of the Illinois Association of
16 Chiefs of Police.
17 All appointments shall be filed with the Secretary of
18 State by the appointing authority.
19 (c) Duties of the Commission. This Commission shall:
20 (1) develop and monitor legislation facilitating
21 the implementation of Truth-in-Sentencing laws which
22 require criminals to serve at least 85% of their
23 court-imposed sentences, using any information and
24 recommendations available regarding those laws;
25 (2) review the funding provisions of the Violent
26 Crime Control Act of 1994, and any subsequent federal
27 legislation of a comparable nature, to comment in
28 appropriate federal rulemaking and legislative processes
29 on State law enforcement, correctional, and fiscal
30 concerns, and, upon the finalization of federal
31 requirements, to determine what is required to obtain
32 maximum federal funding to assist the State in
33 implementing Truth-in-Sentencing laws; and
34 (3) study the possibility of changing sentences in
-1426- LRB9101253EGfg
1 order to more accurately reflect the actual time spent in
2 prison, while preserving the system's ability to punish
3 criminals justly and equitably.
4 (d) Organization. The Commission shall elect a Chair
5 and Vice-Chair from among its members at its first meeting.
6 The members of the Commission shall serve without
7 compensation but shall be reimbursed for reasonable expenses
8 incurred in the course of performing their duties.
9 (e) Intergovernmental cooperation. The Illinois
10 Criminal Justice Information Authority shall assist the
11 Commission with any and all research and drafting necessary
12 to fulfill its duties. The Illinois Department of
13 Corrections shall give any reasonable assistance to the
14 Commission, including making available all pertinent
15 statistical information at the Department's disposal.
16 (f) The Commission shall present a full report and a
17 draft of appropriate Truth-in-Sentencing legislation to the
18 Governor and the General Assembly no later than September 30,
19 1998 March 1, 1999.
20 (Source: P.A. 89-404, eff. 8-20-95; 89-428, eff. 12-13-95;
21 89-689, eff. 12-31-96; 90-592, eff. 6-19-98; 90-593, eff.
22 6-19-98; revised 6-25-98)
23 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
24 Sec. 5-4-1. Sentencing Hearing.
25 (a) Except when the death penalty is sought under
26 hearing procedures otherwise specified, after a determination
27 of guilt, a hearing shall be held to impose the sentence.
28 However, prior to the imposition of sentence on an individual
29 being sentenced for an offense based upon a charge for a
30 violation of Section 11-501 of the Illinois Vehicle Code or a
31 similar provision of a local ordinance, the individual must
32 undergo a professional evaluation to determine if an alcohol
33 or other drug abuse problem exists and the extent of such a
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1 problem. Programs conducting these evaluations shall be
2 licensed by the Department of Human Services. However, if
3 the individual is not a resident of Illinois, the court may,
4 in its discretion, accept an evaluation from a program in the
5 state of such individual's residence. The court may in its
6 sentencing order approve an eligible defendant for placement
7 in a Department of Corrections impact incarceration program
8 as provided in Section 5-8-1.1. At the hearing the court
9 shall:
10 (1) consider the evidence, if any, received upon
11 the trial;
12 (2) consider any presentence reports;
13 (3) consider the financial impact of incarceration
14 based on the financial impact statement filed with the
15 clerk of the court by the Department of Corrections;
16 (4) consider evidence and information offered by
17 the parties in aggravation and mitigation;
18 (5) hear arguments as to sentencing alternatives;
19 (6) afford the defendant the opportunity to make a
20 statement in his own behalf;
21 (7) afford the victim of a violent crime or a
22 violation of Section 11-501 of the Illinois Vehicle Code,
23 or a similar provision of a local ordinance, committed by
24 the defendant the opportunity to make a statement
25 concerning the impact on the victim and to offer evidence
26 in aggravation or mitigation; provided that the statement
27 and evidence offered in aggravation or mitigation must
28 first be prepared in writing in conjunction with the
29 State's Attorney before it may be presented orally at the
30 hearing. Any sworn testimony offered by the victim is
31 subject to the defendant's right to cross-examine. All
32 statements and evidence offered under this paragraph (7)
33 shall become part of the record of the court; and
34 (8) in cases of reckless homicide afford the
-1428- LRB9101253EGfg
1 victim's spouse, guardians, parents or other immediate
2 family members an opportunity to make oral statements.
3 (b) All sentences shall be imposed by the judge based
4 upon his independent assessment of the elements specified
5 above and any agreement as to sentence reached by the
6 parties. The judge who presided at the trial or the judge
7 who accepted the plea of guilty shall impose the sentence
8 unless he is no longer sitting as a judge in that court.
9 Where the judge does not impose sentence at the same time on
10 all defendants who are convicted as a result of being
11 involved in the same offense, the defendant or the State's
12 Attorney may advise the sentencing court of the disposition
13 of any other defendants who have been sentenced.
14 (c) In imposing a sentence for a violent crime or for an
15 offense of operating or being in physical control of a
16 vehicle while under the influence of alcohol, any other drug
17 or any combination thereof, or a similar provision of a local
18 ordinance, when such offense resulted in the personal injury
19 to someone other than the defendant, the trial judge shall
20 specify on the record the particular evidence, information,
21 factors in mitigation and aggravation or other reasons that
22 led to his sentencing determination. The full verbatim record
23 of the sentencing hearing shall be filed with the clerk of
24 the court and shall be a public record.
25 (c-1) In imposing a sentence for the offense of
26 aggravated kidnapping for ransom, home invasion, armed
27 robbery, aggravated vehicular hijacking, aggravated discharge
28 of a firearm, or armed violence with a category I weapon or
29 category II weapon, the trial judge shall make a finding as
30 to whether the conduct leading to conviction for the offense
31 resulted in great bodily harm to a victim, and shall enter
32 that finding and the basis for that finding in the record.
33 (c-2) If the defendant is sentenced to prison, other
34 than when a sentence of natural life imprisonment or a
-1429- LRB9101253EGfg
1 sentence of death is imposed, at the time the sentence is
2 imposed the judge shall state on the record in open court the
3 approximate period of time the defendant will serve in
4 custody according to the then current statutory rules and
5 regulations for early release found in Section 3-6-3 and
6 other related provisions of this Code. This statement is
7 intended solely to inform the public, has no legal effect on
8 the defendant's actual release, and may not be relied on by
9 the defendant on appeal.
10 The judge's statement, to be given after pronouncing the
11 sentence, other than when the sentence is imposed for one of
12 the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
13 shall include the following:
14 "The purpose of this statement is to inform the public of
15 the actual period of time this defendant is likely to spend
16 in prison as a result of this sentence. The actual period of
17 prison time served is determined by the statutes of Illinois
18 as applied to this sentence by the Illinois Department of
19 Corrections and the Illinois Prisoner Review Board. In this
20 case, assuming the defendant receives all of his or her good
21 conduct credit, the period of estimated actual custody is ...
22 years and ... months, less up to 180 days additional good
23 conduct credit for meritorious service. If the defendant,
24 because of his or her own misconduct or failure to comply
25 with the institutional regulations, does not receive those
26 credits, the actual time served in prison will be longer.
27 The defendant may also receive an additional one-half day
28 good conduct credit for each day of participation in
29 vocational, industry, substance abuse, and educational
30 programs as provided for by Illinois statute."
31 When the sentence is imposed for one of the offenses
32 enumerated in paragraph (a)(3) of Section 3-6-3, other than
33 when the sentence is imposed for one of the offenses
34 enumerated in paragraph (a)(2) of Section 3-6-3 committed on
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1 or after June 19, 1998 the effective date of this amendatory
2 Act of 1998, and other than when the sentence is imposed for
3 reckless homicide as defined in subsection (e) of Section 9-3
4 of the Criminal Code of 1961 if the offense was committed on
5 or after January 1, 1999, the judge's statement, to be given
6 after pronouncing the sentence, shall include the following:
7 "The purpose of this statement is to inform the public of
8 the actual period of time this defendant is likely to spend
9 in prison as a result of this sentence. The actual period of
10 prison time served is determined by the statutes of Illinois
11 as applied to this sentence by the Illinois Department of
12 Corrections and the Illinois Prisoner Review Board. In this
13 case, assuming the defendant receives all of his or her good
14 conduct credit, the period of estimated actual custody is ...
15 years and ... months, less up to 90 days additional good
16 conduct credit for meritorious service. If the defendant,
17 because of his or her own misconduct or failure to comply
18 with the institutional regulations, does not receive those
19 credits, the actual time served in prison will be longer.
20 The defendant may also receive an additional one-half day
21 good conduct credit for each day of participation in
22 vocational, industry, substance abuse, and educational
23 programs as provided for by Illinois statute."
24 When the sentence is imposed for one of the offenses
25 enumerated in paragraph (a)(2) of Section 3-6-3, other than
26 first degree murder, and the offense was committed on or
27 after June 19, 1998 the effective date of this amendatory Act
28 of 1998, and when the sentence is imposed for reckless
29 homicide as defined in subsection (e) of Section 9-3 of the
30 Criminal Code of 1961 if the offense was committed on or
31 after January 1, 1999, the judge's statement, to be given
32 after pronouncing the sentence, shall include the following:
33 "The purpose of this statement is to inform the public of
34 the actual period of time this defendant is likely to spend
-1431- LRB9101253EGfg
1 in prison as a result of this sentence. The actual period of
2 prison time served is determined by the statutes of Illinois
3 as applied to this sentence by the Illinois Department of
4 Corrections and the Illinois Prisoner Review Board. In this
5 case, the defendant is entitled to no more than 4 1/2 days of
6 good conduct credit for each month of his or her sentence of
7 imprisonment. Therefore, this defendant will serve at least
8 85% of his or her sentence. Assuming the defendant receives
9 4 1/2 days credit for each month of his or her sentence, the
10 period of estimated actual custody is ... years and ...
11 months. If the defendant, because of his or her own
12 misconduct or failure to comply with the institutional
13 regulations receives lesser credit, the actual time served in
14 prison will be longer."
15 When a sentence of imprisonment is imposed for first
16 degree murder and the offense was committed on or after June
17 19, 1998 the effective date of this amendatory Act of 1998,
18 the judge's statement, to be given after pronouncing the
19 sentence, shall include the following:
20 "The purpose of this statement is to inform the public of
21 the actual period of time this defendant is likely to spend
22 in prison as a result of this sentence. The actual period of
23 prison time served is determined by the statutes of Illinois
24 as applied to this sentence by the Illinois Department of
25 Corrections and the Illinois Prisoner Review Board. In this
26 case, the defendant is not entitled to good conduct credit.
27 Therefore, this defendant will serve 100% of his or her
28 sentence."
29 (d) When the defendant is committed to the Department of
30 Corrections, the State's Attorney shall and counsel for the
31 defendant may file a statement with the clerk of the court to
32 be transmitted to the department, agency or institution to
33 which the defendant is committed to furnish such department,
34 agency or institution with the facts and circumstances of the
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1 offense for which the person was committed together with all
2 other factual information accessible to them in regard to the
3 person prior to his commitment relative to his habits,
4 associates, disposition and reputation and any other facts
5 and circumstances which may aid such department, agency or
6 institution during its custody of such person. The clerk
7 shall within 10 days after receiving any such statements
8 transmit a copy to such department, agency or institution and
9 a copy to the other party, provided, however, that this shall
10 not be cause for delay in conveying the person to the
11 department, agency or institution to which he has been
12 committed.
13 (e) The clerk of the court shall transmit to the
14 department, agency or institution, if any, to which the
15 defendant is committed, the following:
16 (1) the sentence imposed;
17 (2) any statement by the court of the basis for
18 imposing the sentence;
19 (3) any presentence reports;
20 (4) the number of days, if any, which the defendant
21 has been in custody and for which he is entitled to
22 credit against the sentence, which information shall be
23 provided to the clerk by the sheriff;
24 (4.1) any finding of great bodily harm made by the
25 court with respect to an offense enumerated in subsection
26 (c-1);
27 (5) all statements filed under subsection (d) of
28 this Section;
29 (6) any medical or mental health records or
30 summaries of the defendant;
31 (7) the municipality where the arrest of the
32 offender or the commission of the offense has occurred,
33 where such municipality has a population of more than
34 25,000 persons;
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1 (8) all statements made and evidence offered under
2 paragraph (7) of subsection (a) of this Section; and
3 (9) all additional matters which the court directs
4 the clerk to transmit. and other than when the sentence
5 is imposed for reckless homicide as defined in subsection
6 (e) of Section 9-3 of the Criminal Code of 1961 if the
7 offense was committed on or after the effective date of
8 this amendatory Act of 1998, and when the sentence is
9 imposed for reckless homicide as defined in subsection
10 (e) of Section 9-3 of the Criminal Code of 1961 if the
11 offense was committed on or after the effective date of
12 this amendatory Act of 1998,
13 (Source: P.A. 89-404, eff. 8-20-95; 89-507, eff. 7-1-97;
14 90-592, eff. 6-19-98; 90-593, eff. 6-19-98; 90-740, eff.
15 1-1-99; revised 9-16-98.)
16 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
17 Sec. 5-5-3. Disposition.
18 (a) Every person convicted of an offense shall be
19 sentenced as provided in this Section.
20 (b) The following options shall be appropriate
21 dispositions, alone or in combination, for all felonies and
22 misdemeanors other than those identified in subsection (c) of
23 this Section:
24 (1) A period of probation.
25 (2) A term of periodic imprisonment.
26 (3) A term of conditional discharge.
27 (4) A term of imprisonment.
28 (5) An order directing the offender to clean up and
29 repair the damage, if the offender was convicted under
30 paragraph (h) of Section 21-1 of the Criminal Code of
31 1961.
32 (6) A fine.
33 (7) An order directing the offender to make
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1 restitution to the victim under Section 5-5-6 of this
2 Code.
3 (8) A sentence of participation in a county impact
4 incarceration program under Section 5-8-1.2 of this Code.
5 Whenever an individual is sentenced for an offense based
6 upon an arrest for a violation of Section 11-501 of the
7 Illinois Vehicle Code, or a similar provision of a local
8 ordinance, and the professional evaluation recommends
9 remedial or rehabilitative treatment or education, neither
10 the treatment nor the education shall be the sole disposition
11 and either or both may be imposed only in conjunction with
12 another disposition. The court shall monitor compliance with
13 any remedial education or treatment recommendations contained
14 in the professional evaluation. Programs conducting alcohol
15 or other drug evaluation or remedial education must be
16 licensed by the Department of Human Services. However, if
17 the individual is not a resident of Illinois, the court may
18 accept an alcohol or other drug evaluation or remedial
19 education program in the state of such individual's
20 residence. Programs providing treatment must be licensed
21 under existing applicable alcoholism and drug treatment
22 licensure standards.
23 In addition to any other fine or penalty required by law,
24 any individual convicted of a violation of Section 11-501 of
25 the Illinois Vehicle Code or a similar provision of local
26 ordinance, whose operation of a motor vehicle while in
27 violation of Section 11-501 or such ordinance proximately
28 caused an incident resulting in an appropriate emergency
29 response, shall be required to make restitution to a public
30 agency for the costs of that emergency response. Such
31 restitution shall not exceed $500 per public agency for each
32 such emergency response. For the purpose of this paragraph,
33 emergency response shall mean any incident requiring a
34 response by: a police officer as defined under Section 1-162
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1 of the Illinois Vehicle Code; a fireman carried on the rolls
2 of a regularly constituted fire department; and an ambulance
3 as defined under Section 4.05 of the Emergency Medical
4 Services (EMS) Systems Act.
5 Neither a fine nor restitution shall be the sole
6 disposition for a felony and either or both may be imposed
7 only in conjunction with another disposition.
8 (c) (1) When a defendant is found guilty of first degree
9 murder the State may either seek a sentence of
10 imprisonment under Section 5-8-1 of this Code, or where
11 appropriate seek a sentence of death under Section 9-1 of
12 the Criminal Code of 1961.
13 (2) A period of probation, a term of periodic
14 imprisonment or conditional discharge shall not be
15 imposed for the following offenses. The court shall
16 sentence the offender to not less than the minimum term
17 of imprisonment set forth in this Code for the following
18 offenses, and may order a fine or restitution or both in
19 conjunction with such term of imprisonment:
20 (A) First degree murder where the death
21 penalty is not imposed.
22 (B) Attempted first degree murder.
23 (C) A Class X felony.
24 (D) A violation of Section 401.1 or 407 of the
25 Illinois Controlled Substances Act, or a violation
26 of subdivision (c)(2) of Section 401 of that Act
27 which relates to more than 5 grams of a substance
28 containing cocaine or an analog thereof.
29 (E) A violation of Section 5.1 or 9 of the
30 Cannabis Control Act.
31 (F) A Class 2 or greater felony if the
32 offender had been convicted of a Class 2 or greater
33 felony within 10 years of the date on which he
34 committed the offense for which he is being
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1 sentenced.
2 (G) Residential burglary.
3 (H) Criminal sexual assault, except as
4 otherwise provided in subsection (e) of this
5 Section.
6 (I) Aggravated battery of a senior citizen.
7 (J) A forcible felony if the offense was
8 related to the activities of an organized gang.
9 Before July 1, 1994, for the purposes of this
10 paragraph, "organized gang" means an association of
11 5 or more persons, with an established hierarchy,
12 that encourages members of the association to
13 perpetrate crimes or provides support to the members
14 of the association who do commit crimes.
15 Beginning July 1, 1994, for the purposes of
16 this paragraph, "organized gang" has the meaning
17 ascribed to it in Section 10 of the Illinois
18 Streetgang Terrorism Omnibus Prevention Act.
19 (K) Vehicular hijacking.
20 (L) A second or subsequent conviction for the
21 offense of hate crime when the underlying offense
22 upon which the hate crime is based is felony
23 aggravated assault or felony mob action.
24 (M) A second or subsequent conviction for the
25 offense of institutional vandalism if the damage to
26 the property exceeds $300.
27 (N) A Class 3 felony violation of paragraph
28 (1) of subsection (a) of Section 2 of the Firearm
29 Owners Identification Card Act.
30 (O) A violation of Section 12-6.1 of the
31 Criminal Code of 1961.
32 (P) A violation of paragraph (1), (2), (3),
33 (4), (5), or (7) of subsection (a) of Section
34 11-20.1 of the Criminal Code of 1961.
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1 (Q) A violation of Section 20-1.2 of the
2 Criminal Code of 1961.
3 (R) (Q) A violation of Section 24-3A of the
4 Criminal Code of 1961.
5 (3) A minimum term of imprisonment of not less than
6 48 consecutive hours or 100 hours of community service as
7 may be determined by the court shall be imposed for a
8 second or subsequent violation committed within 5 years
9 of a previous violation of Section 11-501 of the Illinois
10 Vehicle Code or a similar provision of a local ordinance.
11 (4) A minimum term of imprisonment of not less than
12 7 consecutive days or 30 days of community service shall
13 be imposed for a violation of paragraph (c) of Section
14 6-303 of the Illinois Vehicle Code.
15 (4.1) A minimum term of 30 consecutive days of
16 imprisonment, 40 days of 24 hour periodic imprisonment or
17 720 hours of community service, as may be determined by
18 the court, shall be imposed for a violation of Section
19 11-501 of the Illinois Vehicle Code during a period in
20 which the defendant's driving privileges are revoked or
21 suspended, where the revocation or suspension was for a
22 violation of Section 11-501 or Section 11-501.1 of that
23 Code.
24 (5) The court may sentence an offender convicted of
25 a business offense or a petty offense or a corporation or
26 unincorporated association convicted of any offense to:
27 (A) a period of conditional discharge;
28 (B) a fine;
29 (C) make restitution to the victim under
30 Section 5-5-6 of this Code.
31 (6) In no case shall an offender be eligible for a
32 disposition of probation or conditional discharge for a
33 Class 1 felony committed while he was serving a term of
34 probation or conditional discharge for a felony.
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1 (7) When a defendant is adjudged a habitual
2 criminal under Article 33B of the Criminal Code of 1961,
3 the court shall sentence the defendant to a term of
4 natural life imprisonment.
5 (8) When a defendant, over the age of 21 years, is
6 convicted of a Class 1 or Class 2 felony, after having
7 twice been convicted of any Class 2 or greater Class
8 felonies in Illinois, and such charges are separately
9 brought and tried and arise out of different series of
10 acts, such defendant shall be sentenced as a Class X
11 offender. This paragraph shall not apply unless (1) the
12 first felony was committed after the effective date of
13 this amendatory Act of 1977; and (2) the second felony
14 was committed after conviction on the first; and (3) the
15 third felony was committed after conviction on the
16 second.
17 (9) A defendant convicted of a second or subsequent
18 offense of ritualized abuse of a child may be sentenced
19 to a term of natural life imprisonment.
20 (10) Beginning July 1, 1994, unless sentencing
21 under Section 33B-1 is applicable, a term of imprisonment
22 of not less than 15 years nor more than 50 years shall be
23 imposed on a defendant who violates Section 33A-2 of the
24 Criminal Code of 1961 with a firearm, when that person
25 has been convicted in any state or federal court of 3 or
26 more of the following offenses: treason, first degree
27 murder, second degree murder, aggravated criminal sexual
28 assault, criminal sexual assault, robbery, burglary,
29 arson, kidnaping, aggravated battery resulting in great
30 bodily harm or permanent disability or disfigurement, or
31 a violation of Section 401(a) of the Illinois Controlled
32 Substances Act, when the third offense was committed
33 after conviction on the second, the second offense was
34 committed after conviction on the first, and the
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1 violation of Section 33A-2 of the Criminal Code of 1961
2 was committed after conviction on the third.
3 (11) Beginning July 1, 1994, a term of imprisonment
4 of not less than 10 years and not more than 30 years
5 shall be imposed on a defendant who violates Section
6 33A-2 with a Category I weapon where the offense was
7 committed in any school, or any conveyance owned, leased,
8 or contracted by a school to transport students to or
9 from school or a school related activity, on the real
10 property comprising any school or public park, and where
11 the offense was related to the activities of an organized
12 gang. For the purposes of this paragraph (11),
13 "organized gang" has the meaning ascribed to it in
14 Section 10 of the Illinois Streetgang Terrorism Omnibus
15 Prevention Act.
16 (d) In any case in which a sentence originally imposed
17 is vacated, the case shall be remanded to the trial court.
18 The trial court shall hold a hearing under Section 5-4-1 of
19 the Unified Code of Corrections which may include evidence of
20 the defendant's life, moral character and occupation during
21 the time since the original sentence was passed. The trial
22 court shall then impose sentence upon the defendant. The
23 trial court may impose any sentence which could have been
24 imposed at the original trial subject to Section 5-5-4 of the
25 Unified Code of Corrections.
26 (e) In cases where prosecution for criminal sexual
27 assault or aggravated criminal sexual abuse under Section
28 12-13 or 12-16 of the Criminal Code of 1961 results in
29 conviction of a defendant who was a family member of the
30 victim at the time of the commission of the offense, the
31 court shall consider the safety and welfare of the victim and
32 may impose a sentence of probation only where:
33 (1) the court finds (A) or (B) or both are
34 appropriate:
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1 (A) the defendant is willing to undergo a
2 court approved counseling program for a minimum
3 duration of 2 years; or
4 (B) the defendant is willing to participate in
5 a court approved plan including but not limited to
6 the defendant's:
7 (i) removal from the household;
8 (ii) restricted contact with the victim;
9 (iii) continued financial support of the
10 family;
11 (iv) restitution for harm done to the
12 victim; and
13 (v) compliance with any other measures
14 that the court may deem appropriate; and
15 (2) the court orders the defendant to pay for the
16 victim's counseling services, to the extent that the
17 court finds, after considering the defendant's income and
18 assets, that the defendant is financially capable of
19 paying for such services, if the victim was under 18
20 years of age at the time the offense was committed and
21 requires counseling as a result of the offense.
22 Probation may be revoked or modified pursuant to Section
23 5-6-4; except where the court determines at the hearing that
24 the defendant violated a condition of his or her probation
25 restricting contact with the victim or other family members
26 or commits another offense with the victim or other family
27 members, the court shall revoke the defendant's probation and
28 impose a term of imprisonment.
29 For the purposes of this Section, "family member" and
30 "victim" shall have the meanings ascribed to them in Section
31 12-12 of the Criminal Code of 1961.
32 (f) This Article shall not deprive a court in other
33 proceedings to order a forfeiture of property, to suspend or
34 cancel a license, to remove a person from office, or to
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1 impose any other civil penalty.
2 (g) Whenever a defendant is convicted of an offense
3 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18,
4 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1,
5 12-15 or 12-16 of the Criminal Code of 1961, the defendant
6 shall undergo medical testing to determine whether the
7 defendant has any sexually transmissible disease, including a
8 test for infection with human immunodeficiency virus (HIV) or
9 any other identified causative agent of acquired
10 immunodeficiency syndrome (AIDS). Any such medical test
11 shall be performed only by appropriately licensed medical
12 practitioners and may include an analysis of any bodily
13 fluids as well as an examination of the defendant's person.
14 Except as otherwise provided by law, the results of such test
15 shall be kept strictly confidential by all medical personnel
16 involved in the testing and must be personally delivered in a
17 sealed envelope to the judge of the court in which the
18 conviction was entered for the judge's inspection in camera.
19 Acting in accordance with the best interests of the victim
20 and the public, the judge shall have the discretion to
21 determine to whom, if anyone, the results of the testing may
22 be revealed. The court shall notify the defendant of the test
23 results. The court shall also notify the victim if requested
24 by the victim, and if the victim is under the age of 15 and
25 if requested by the victim's parents or legal guardian, the
26 court shall notify the victim's parents or legal guardian of
27 the test results. The court shall provide information on the
28 availability of HIV testing and counseling at Department of
29 Public Health facilities to all parties to whom the results
30 of the testing are revealed and shall direct the State's
31 Attorney to provide the information to the victim when
32 possible. A State's Attorney may petition the court to obtain
33 the results of any HIV test administered under this Section,
34 and the court shall grant the disclosure if the State's
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1 Attorney shows it is relevant in order to prosecute a charge
2 of criminal transmission of HIV under Section 12-16.2 of the
3 Criminal Code of 1961 against the defendant. The court shall
4 order that the cost of any such test shall be paid by the
5 county and may be taxed as costs against the convicted
6 defendant.
7 (g-5) When an inmate is tested for an airborne
8 communicable disease, as determined by the Illinois
9 Department of Public Health including but not limited to
10 tuberculosis, the results of the test shall be personally
11 delivered by the warden or his or her designee in a sealed
12 envelope to the judge of the court in which the inmate must
13 appear for the judge's inspection in camera if requested by
14 the judge. Acting in accordance with the best interests of
15 those in the courtroom, the judge shall have the discretion
16 to determine what if any precautions need to be taken to
17 prevent transmission of the disease in the courtroom.
18 (h) Whenever a defendant is convicted of an offense
19 under Section 1 or 2 of the Hypodermic Syringes and Needles
20 Act, the defendant shall undergo medical testing to determine
21 whether the defendant has been exposed to human
22 immunodeficiency virus (HIV) or any other identified
23 causative agent of acquired immunodeficiency syndrome (AIDS).
24 Except as otherwise provided by law, the results of such test
25 shall be kept strictly confidential by all medical personnel
26 involved in the testing and must be personally delivered in a
27 sealed envelope to the judge of the court in which the
28 conviction was entered for the judge's inspection in camera.
29 Acting in accordance with the best interests of the public,
30 the judge shall have the discretion to determine to whom, if
31 anyone, the results of the testing may be revealed. The court
32 shall notify the defendant of a positive test showing an
33 infection with the human immunodeficiency virus (HIV). The
34 court shall provide information on the availability of HIV
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1 testing and counseling at Department of Public Health
2 facilities to all parties to whom the results of the testing
3 are revealed and shall direct the State's Attorney to provide
4 the information to the victim when possible. A State's
5 Attorney may petition the court to obtain the results of any
6 HIV test administered under this Section, and the court
7 shall grant the disclosure if the State's Attorney shows it
8 is relevant in order to prosecute a charge of criminal
9 transmission of HIV under Section 12-16.2 of the Criminal
10 Code of 1961 against the defendant. The court shall order
11 that the cost of any such test shall be paid by the county
12 and may be taxed as costs against the convicted defendant.
13 (i) All fines and penalties imposed under this Section
14 for any violation of Chapters 3, 4, 6, and 11 of the Illinois
15 Vehicle Code, or a similar provision of a local ordinance,
16 and any violation of the Child Passenger Protection Act, or a
17 similar provision of a local ordinance, shall be collected
18 and disbursed by the circuit clerk as provided under Section
19 27.5 of the Clerks of Courts Act.
20 (j) In cases when prosecution for any violation of
21 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1,
22 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
23 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or
24 12-16 of the Criminal Code of 1961, any violation of the
25 Illinois Controlled Substances Act, or any violation of the
26 Cannabis Control Act results in conviction, a disposition of
27 court supervision, or an order of probation granted under
28 Section 10 of the Cannabis Control Act or Section 410 of the
29 Illinois Controlled Substance Act of a defendant, the court
30 shall determine whether the defendant is employed by a
31 facility or center as defined under the Child Care Act of
32 1969, a public or private elementary or secondary school, or
33 otherwise works with children under 18 years of age on a
34 daily basis. When a defendant is so employed, the court
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1 shall order the Clerk of the Court to send a copy of the
2 judgment of conviction or order of supervision or probation
3 to the defendant's employer by certified mail. If the
4 employer of the defendant is a school, the Clerk of the Court
5 shall direct the mailing of a copy of the judgment of
6 conviction or order of supervision or probation to the
7 appropriate regional superintendent of schools. The regional
8 superintendent of schools shall notify the State Board of
9 Education of any notification under this subsection.
10 (j-5) A defendant at least 17 years of age who is
11 convicted of a felony and who has not been previously
12 convicted of a misdemeanor or felony and who is sentenced to
13 a term of imprisonment in the Illinois Department of
14 Corrections shall as a condition of his or her sentence be
15 required by the court to attend educational courses designed
16 to prepare the defendant for a high school diploma and to
17 work toward a high school diploma or to work toward passing
18 the high school level Test of General Educational Development
19 (GED) or to work toward completing a vocational training
20 program offered by the Department of Corrections. If a
21 defendant fails to complete the educational training required
22 by his or her sentence during the term of incarceration, the
23 Prisoner Review Board shall, as a condition of mandatory
24 supervised release, require the defendant, at his or her own
25 expense, to pursue a course of study toward a high school
26 diploma or passage of the GED test. The Prisoner Review
27 Board shall revoke the mandatory supervised release of a
28 defendant who wilfully fails to comply with this subsection
29 (j-5) upon his or her release from confinement in a penal
30 institution while serving a mandatory supervised release
31 term; however, the inability of the defendant after making a
32 good faith effort to obtain financial aid or pay for the
33 educational training shall not be deemed a wilful failure to
34 comply. The Prisoner Review Board shall recommit the
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1 defendant whose mandatory supervised release term has been
2 revoked under this subsection (j-5) as provided in Section
3 3-3-9. This subsection (j-5) does not apply to a defendant
4 who has a high school diploma or has successfully passed the
5 GED test. This subsection (j-5) does not apply to a defendant
6 who is determined by the court to be developmentally disabled
7 or otherwise mentally incapable of completing the educational
8 or vocational program.
9 (k) A court may not impose a sentence or disposition for
10 a felony or misdemeanor that requires the defendant to be
11 implanted or injected with or to use any form of birth
12 control.
13 (l) (A) Except as provided in paragraph (C) of
14 subsection (l), whenever a defendant, who is an alien as
15 defined by the Immigration and Nationality Act, is
16 convicted of any felony or misdemeanor offense, the court
17 after sentencing the defendant may, upon motion of the
18 State's Attorney, hold sentence in abeyance and remand
19 the defendant to the custody of the Attorney General of
20 the United States or his or her designated agent to be
21 deported when:
22 (1) a final order of deportation has been
23 issued against the defendant pursuant to proceedings
24 under the Immigration and Nationality Act, and
25 (2) the deportation of the defendant would not
26 deprecate the seriousness of the defendant's conduct
27 and would not be inconsistent with the ends of
28 justice.
29 Otherwise, the defendant shall be sentenced as
30 provided in this Chapter V.
31 (B) If the defendant has already been sentenced for
32 a felony or misdemeanor offense, or has been placed on
33 probation under Section 10 of the Cannabis Control Act or
34 Section 410 of the Illinois Controlled Substances Act,
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1 the court may, upon motion of the State's Attorney to
2 suspend the sentence imposed, commit the defendant to the
3 custody of the Attorney General of the United States or
4 his or her designated agent when:
5 (1) a final order of deportation has been
6 issued against the defendant pursuant to proceedings
7 under the Immigration and Nationality Act, and
8 (2) the deportation of the defendant would not
9 deprecate the seriousness of the defendant's conduct
10 and would not be inconsistent with the ends of
11 justice.
12 (C) This subsection (l) does not apply to offenders
13 who are subject to the provisions of paragraph (2) of
14 subsection (a) of Section 3-6-3.
15 (D) Upon motion of the State's Attorney, if a
16 defendant sentenced under this Section returns to the
17 jurisdiction of the United States, the defendant shall be
18 recommitted to the custody of the county from which he or
19 she was sentenced. Thereafter, the defendant shall be
20 brought before the sentencing court, which may impose any
21 sentence that was available under Section 5-5-3 at the
22 time of initial sentencing. In addition, the defendant
23 shall not be eligible for additional good conduct credit
24 for meritorious service as provided under Section 3-6-6.
25 (m) A person convicted of criminal defacement of
26 property under Section 21-1.3 of the Criminal Code of 1961,
27 in which the property damage exceeds $300 and the property
28 damaged is a school building, shall be ordered to perform
29 community service that may include cleanup, removal, or
30 painting over the defacement.
31 (Source: P.A. 89-8, eff. 3-21-95; 89-314, eff. 1-1-96;
32 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-477, eff.
33 6-18-96; 89-507, eff. 7-1-97; 89-545, eff. 7-25-96; 89-587,
34 eff. 7-31-96; 89-627, eff. 1-1-97; 89-688, eff. 6-1-97;
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1 90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680, eff. 1-1-99;
2 90-685, eff. 1-1-99; 90-787, eff. 8-14-98; revised 9-16-98.)
3 (730 ILCS 5/5-5-3.1) (from Ch. 38, par. 1005-5-3.1)
4 Sec. 5-5-3.1. Factors in Mitigation.
5 (a) The following grounds shall be accorded weight in
6 favor of withholding or minimizing a sentence of
7 imprisonment:
8 (1) The defendant's criminal conduct neither caused
9 nor threatened serious physical harm to another.;
10 (2) The defendant did not contemplate that his
11 criminal conduct would cause or threaten serious physical
12 harm to another.;
13 (3) The defendant acted under a strong provocation.
14 ;
15 (4) There were substantial grounds tending to
16 excuse or justify the defendant's criminal conduct,
17 though failing to establish a defense.;
18 (5) The defendant's criminal conduct was induced or
19 facilitated by someone other than the defendant.;
20 (6) The defendant has compensated or will
21 compensate the victim of his criminal conduct for the
22 damage or injury that he sustained.;
23 (7) The defendant has no history of prior
24 delinquency or criminal activity or has led a law-abiding
25 life for a substantial period of time before the
26 commission of the present crime.;
27 (8) The defendant's criminal conduct was the result
28 of circumstances unlikely to recur.;
29 (9) The character and attitudes of the defendant
30 indicate that he is unlikely to commit another crime.;
31 (10) The defendant is particularly likely to comply
32 with the terms of a period of probation.;
33 (11) The imprisonment of the defendant would entail
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1 excessive hardship to his dependents.;
2 (12) The imprisonment of the defendant would
3 endanger his or her medical condition.
4 (13) The defendant was mentally retarded as defined
5 in Section 5-1-13 of this Code.
6 (b) If the court, having due regard for the character of
7 the offender, the nature and circumstances of the offense and
8 the public interest finds that a sentence of imprisonment is
9 the most appropriate disposition of the offender, or where
10 other provisions of this Code mandate the imprisonment of the
11 offender, the grounds listed in paragraph (a) of this
12 subsection shall be considered as factors in mitigation of
13 the term imposed.
14 (Source: P.A. 86-903; revised 10-31-98.)
15 (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
16 Sec. 5-5-3.2. Factors in Aggravation.
17 (a) The following factors shall be accorded weight in
18 favor of imposing a term of imprisonment or may be considered
19 by the court as reasons to impose a more severe sentence
20 under Section 5-8-1:
21 (1) the defendant's conduct caused or threatened
22 serious harm;
23 (2) the defendant received compensation for
24 committing the offense;
25 (3) the defendant has a history of prior
26 delinquency or criminal activity;
27 (4) the defendant, by the duties of his office or
28 by his position, was obliged to prevent the particular
29 offense committed or to bring the offenders committing it
30 to justice;
31 (5) the defendant held public office at the time of
32 the offense, and the offense related to the conduct of
33 that office;
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1 (6) the defendant utilized his professional
2 reputation or position in the community to commit the
3 offense, or to afford him an easier means of committing
4 it;
5 (7) the sentence is necessary to deter others from
6 committing the same crime;
7 (8) the defendant committed the offense against a
8 person 60 years of age or older or such person's
9 property;
10 (9) the defendant committed the offense against a
11 person who is physically handicapped or such person's
12 property;
13 (10) by reason of another individual's actual or
14 perceived race, color, creed, religion, ancestry, gender,
15 sexual orientation, physical or mental disability, or
16 national origin, the defendant committed the offense
17 against (i) the person or property of that individual;
18 (ii) the person or property of a person who has an
19 association with, is married to, or has a friendship with
20 the other individual; or (iii) the person or property of
21 a relative (by blood or marriage) of a person described
22 in clause (i) or (ii). For the purposes of this Section,
23 "sexual orientation" means heterosexuality,
24 homosexuality, or bisexuality;
25 (11) the offense took place in a place of worship
26 or on the grounds of a place of worship, immediately
27 prior to, during or immediately following worship
28 services. For purposes of this subparagraph, "place of
29 worship" shall mean any church, synagogue or other
30 building, structure or place used primarily for religious
31 worship;
32 (12) the defendant was convicted of a felony
33 committed while he was released on bail or his own
34 recognizance pending trial for a prior felony and was
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1 convicted of such prior felony, or the defendant was
2 convicted of a felony committed while he was serving a
3 period of probation, conditional discharge, or mandatory
4 supervised release under subsection (d) of Section 5-8-1
5 for a prior felony;
6 (13) the defendant committed or attempted to commit
7 a felony while he was wearing a bulletproof vest. For
8 the purposes of this paragraph (13), a bulletproof vest
9 is any device which is designed for the purpose of
10 protecting the wearer from bullets, shot or other lethal
11 projectiles;
12 (14) the defendant held a position of trust or
13 supervision such as, but not limited to, family member as
14 defined in Section 12-12 of the Criminal Code of 1961,
15 teacher, scout leader, baby sitter, or day care worker,
16 in relation to a victim under 18 years of age, and the
17 defendant committed an offense in violation of Section
18 11-6, 11-11, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13,
19 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of
20 1961 against that victim;
21 (15) the defendant committed an offense related to
22 the activities of an organized gang. For the purposes of
23 this factor, "organized gang" has the meaning ascribed to
24 it in Section 10 of the Streetgang Terrorism Omnibus
25 Prevention Act;
26 (16) the defendant committed an offense in
27 violation of one of the following Sections while in a
28 school, regardless of the time of day or time of year; on
29 any conveyance owned, leased, or contracted by a school
30 to transport students to or from school or a school
31 related activity; on the real property of a school; or on
32 a public way within 1,000 feet of the real property
33 comprising any school: Section 10-1, 10-2, 10-5, 11-15.1,
34 11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1,
-1451- LRB9101253EGfg
1 12-4.2, 12-4.3, 12-6, 12-6.1, 12-13, 12-14, 12-14.1,
2 12-15, 12-16, 18-2, or 33A-2 of the Criminal Code of
3 1961;
4 (17) the defendant committed the offense by reason
5 of any person's activity as a community policing
6 volunteer or to prevent any person from engaging in
7 activity as a community policing volunteer. For the
8 purpose of this Section, "community policing volunteer"
9 has the meaning ascribed to it in Section 2-3.5 of the
10 Criminal Code of 1961.
11 For the purposes of this Section, "school" is defined as
12 a public or private elementary or secondary school, community
13 college, college, or university.
14 (b) The following factors may be considered by the court
15 as reasons to impose an extended term sentence under Section
16 5-8-2 upon any offender:
17 (1) When a defendant is convicted of any felony,
18 after having been previously convicted in Illinois or any
19 other jurisdiction of the same or similar class felony or
20 greater class felony, when such conviction has occurred
21 within 10 years after the previous conviction, excluding
22 time spent in custody, and such charges are separately
23 brought and tried and arise out of different series of
24 acts; or
25 (2) When a defendant is convicted of any felony and
26 the court finds that the offense was accompanied by
27 exceptionally brutal or heinous behavior indicative of
28 wanton cruelty; or
29 (3) When a defendant is convicted of voluntary
30 manslaughter, second degree murder, involuntary
31 manslaughter or reckless homicide in which the defendant
32 has been convicted of causing the death of more than one
33 individual; or
34 (4) When a defendant is convicted of any felony
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1 committed against:
2 (i) a person under 12 years of age at the time
3 of the offense or such person's property;
4 (ii) a person 60 years of age or older at the
5 time of the offense or such person's property; or
6 (iii) a person physically handicapped at the
7 time of the offense or such person's property; or
8 (5) In the case of a defendant convicted of
9 aggravated criminal sexual assault or criminal sexual
10 assault, when the court finds that aggravated criminal
11 sexual assault or criminal sexual assault was also
12 committed on the same victim by one or more other
13 individuals, and the defendant voluntarily participated
14 in the crime with the knowledge of the participation of
15 the others in the crime, and the commission of the crime
16 was part of a single course of conduct during which there
17 was no substantial change in the nature of the criminal
18 objective; or
19 (6) When a defendant is convicted of any felony and
20 the offense involved any of the following types of
21 specific misconduct committed as part of a ceremony,
22 rite, initiation, observance, performance, practice or
23 activity of any actual or ostensible religious,
24 fraternal, or social group:
25 (i) the brutalizing or torturing of humans or
26 animals;
27 (ii) the theft of human corpses;
28 (iii) the kidnapping of humans;
29 (iv) the desecration of any cemetery,
30 religious, fraternal, business, governmental,
31 educational, or other building or property; or
32 (v) ritualized abuse of a child; or
33 (7) When a defendant is convicted of first degree
34 murder, after having been previously convicted in
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1 Illinois of any offense listed under paragraph (c)(2) of
2 Section 5-5-3, when such conviction has occurred within
3 10 years after the previous conviction, excluding time
4 spent in custody, and such charges are separately brought
5 and tried and arise out of different series of acts; or
6 (8) When a defendant is convicted of a felony other
7 than conspiracy and the court finds that the felony was
8 committed under an agreement with 2 or more other persons
9 to commit that offense and the defendant, with respect to
10 the other individuals, occupied a position of organizer,
11 supervisor, financier, or any other position of
12 management or leadership, and the court further finds
13 that the felony committed was related to or in
14 furtherance of the criminal activities of an organized
15 gang or was motivated by the defendant's leadership in an
16 organized gang; or
17 (9) When a defendant is convicted of a felony
18 violation of Section 24-1 of the Criminal Code of 1961
19 and the court finds that the defendant is a member of an
20 organized gang.
21 (b-1) For the purposes of this Section, "organized gang"
22 has the meaning ascribed to it in Section 10 of the Illinois
23 Streetgang Terrorism Omnibus Prevention Act.
24 (c) The court may impose an extended term sentence under
25 Section 5-8-2 upon any offender who was convicted of
26 aggravated criminal sexual assault where the victim was under
27 18 years of age at the time of the commission of the offense.
28 (d) The court may impose an extended term sentence under
29 Section 5-8-2 upon any offender who was convicted of unlawful
30 use of weapons under Section 24-1 of the Criminal Code of
31 1961 for possessing a weapon that is not readily
32 distinguishable as one of the weapons enumerated in Section
33 24-1 of the Criminal Code of 1961.
34 (Source: P.A. 89-235, eff. 8-4-95; 89-377, eff. 8-18-95;
-1454- LRB9101253EGfg
1 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-689 (Sections
2 65 and 115), eff. 12-31-96; 90-14, eff. 7-1-97; 90-651, eff.
3 1-1-99; 90-686, eff. 1-1-99; revised 9-16-98.)
4 (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
5 Sec. 5-6-1. Sentences of Probation and of Conditional
6 Discharge and Disposition of Supervision. The General
7 Assembly finds that in order to protect the public, the
8 criminal justice system must compel compliance with the
9 conditions of probation by responding to violations with
10 swift, certain and fair punishments and intermediate
11 sanctions. The Chief Judge of each circuit shall adopt a
12 system of structured, intermediate sanctions for violations
13 of the terms and conditions of a sentence of probation,
14 conditional discharge or disposition of supervision.
15 (a) Except where specifically prohibited by other
16 provisions of this Code, the court shall impose a sentence of
17 probation or conditional discharge upon an offender unless,
18 having regard to the nature and circumstance of the offense,
19 and to the history, character and condition of the offender,
20 the court is of the opinion that:
21 (1) his imprisonment or periodic imprisonment is
22 necessary for the protection of the public; or
23 (2) probation or conditional discharge would
24 deprecate the seriousness of the offender's conduct and
25 would be inconsistent with the ends of justice.
26 The court shall impose as a condition of a sentence of
27 probation, conditional discharge, or supervision, that the
28 probation agency may invoke any sanction from the list of
29 intermediate sanctions adopted by the chief judge of the
30 circuit court for violations of the terms and conditions of
31 the sentence of probation, conditional discharge, or
32 supervision, subject to the provisions of Section 5-6-4 of
33 this Act.
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1 (b) The court may impose a sentence of conditional
2 discharge for an offense if the court is of the opinion that
3 neither a sentence of imprisonment nor of periodic
4 imprisonment nor of probation supervision is appropriate.
5 (c) The court may, upon a plea of guilty or a
6 stipulation by the defendant of the facts supporting the
7 charge or a finding of guilt, defer further proceedings and
8 the imposition of a sentence, and enter an order for
9 supervision of the defendant, if the defendant is not charged
10 with a Class A misdemeanor, as defined by the following
11 provisions of the Criminal Code of 1961: Sections 12-3.2;
12 12-15; 31-1; 31-6; 31-7; subsections (b) and (c) of Section
13 21-1; paragraph (1) through (5), (8), (10), and (11) of
14 subsection (a) of Section 24-1; and Section 1 of the Boarding
15 Aircraft With Weapon Act; or a felony. If the defendant is
16 not barred from receiving an order for supervision as
17 provided in this subsection, the court may enter an order for
18 supervision after considering the circumstances of the
19 offense, and the history, character and condition of the
20 offender, if the court is of the opinion that:
21 (1) the offender is not likely to commit further
22 crimes;
23 (2) the defendant and the public would be best
24 served if the defendant were not to receive a criminal
25 record; and
26 (3) in the best interests of justice an order of
27 supervision is more appropriate than a sentence otherwise
28 permitted under this Code.
29 (d) The provisions of paragraph (c) shall not apply to a
30 defendant charged with violating Section 11-501 of the
31 Illinois Vehicle Code or a similar provision of a local
32 ordinance when the defendant has previously been:
33 (1) convicted for a violation of Section 11-501 of
34 the Illinois Vehicle Code or a similar provision of a
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1 local ordinance; or
2 (2) assigned supervision for a violation of Section
3 11-501 of the Illinois Vehicle Code or a similar
4 provision of a local ordinance; or
5 (3) pleaded guilty to or stipulated to the facts
6 supporting a charge or a finding of guilty to a violation
7 of Section 11-503 of the Illinois Vehicle Code or a
8 similar provision of a local ordinance, and the plea or
9 stipulation was the result of a plea agreement.
10 The court shall consider the statement of the prosecuting
11 authority with regard to the standards set forth in this
12 Section.
13 (e) The provisions of paragraph (c) shall not apply to a
14 defendant charged with violating Section 16A-3 of the
15 Criminal Code of 1961 if said defendant has within the last 5
16 years been:
17 (1) convicted for a violation of Section 16A-3 of
18 the Criminal Code of 1961; or
19 (2) assigned supervision for a violation of Section
20 16A-3 of the Criminal Code of 1961.
21 The court shall consider the statement of the prosecuting
22 authority with regard to the standards set forth in this
23 Section.
24 (f) The provisions of paragraph (c) shall not apply to a
25 defendant charged with violating Sections 15-111, 15-112,
26 15-301, paragraph (b) of Section 6-104, Section 11-605, or
27 Section 11-1414 of the Illinois Vehicle Code or a similar
28 provision of a local ordinance.
29 (g) Except as otherwise provided in paragraph (i) of
30 this Section, the provisions of paragraph (c) shall not apply
31 to a defendant charged with violating Section 3-707, 3-708,
32 3-710, or 5-401.3 of the Illinois Vehicle Code or a similar
33 provision of a local ordinance if the defendant has within
34 the last 5 years been:
-1457- LRB9101253EGfg
1 (1) convicted for a violation of Section 3-707,
2 3-708, 3-710, or 5-401.3 of the Illinois Vehicle Code or
3 a similar provision of a local ordinance; or
4 (2) assigned supervision for a violation of Section
5 3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle
6 Code or a similar provision of a local ordinance.
7 The court shall consider the statement of the prosecuting
8 authority with regard to the standards set forth in this
9 Section.
10 (h) The provisions of paragraph (c) shall not apply to a
11 defendant under the age of 21 years charged with violating a
12 serious traffic offense as defined in Section 1-187.001 of
13 the Illinois Vehicle Code:
14 (1) unless the defendant, upon payment of the
15 fines, penalties, and costs provided by law, agrees to
16 attend and successfully complete a traffic safety program
17 approved by the court under standards set by the
18 Conference of Chief Circuit Judges. The accused shall be
19 responsible for payment of any traffic safety program
20 fees. If the accused fails to file a certificate of
21 successful completion on or before the termination date
22 of the supervision order, the supervision shall be
23 summarily revoked and conviction entered. The provisions
24 of Supreme Court Rule 402 relating to pleas of guilty do
25 not apply in cases when a defendant enters a guilty plea
26 under this provision; or
27 (2) if the defendant has previously been sentenced
28 under the provisions of paragraph (c) on or after January
29 1, 1998 for any serious traffic offense as defined in
30 Section 1-187.001 of the Illinois Vehicle Code.
31 (i) The provisions of paragraph (c) shall not apply to a
32 defendant charged with violating Section 3-707 of the
33 Illinois Vehicle Code or a similar provision of a local
34 ordinance if the defendant has been assigned supervision for
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1 a violation of Section 3-707 of the Illinois Vehicle Code or
2 a similar provision of a local ordinance.
3 (j) (i) The provisions of paragraph (c) shall not apply
4 to a defendant charged with violating Section 6-303 of the
5 Illinois Vehicle Code or a similar provision of a local
6 ordinance when the revocation or suspension was for a
7 violation of Section 11-501 or a similar provision of a local
8 ordinance, a violation of Section 11-501.1 or paragraph (b)
9 of Section 11-401 of the Illinois Vehicle Code, or a
10 violation of Section 9-3 of the Criminal Code of 1961 if the
11 defendant has within the last 10 years been:
12 (1) convicted for a violation of Section 6-303 of
13 the Illinois Vehicle Code or a similar provision of a
14 local ordinance; or
15 (2) assigned supervision for a violation of Section
16 6-303 of the Illinois Vehicle Code or a similar provision
17 of a local ordinance.
18 (Source: P.A. 89-198, eff. 7-21-95; 89-210, eff. 8-2-95;
19 89-626, eff. 8-9-96; 89-637, eff. 1-1-97; 90-369, eff.
20 1-1-98; 90-738, eff. 1-1-99; 90-784, eff. 1-1-99; revised
21 9-21-98.)
22 (730 ILCS 5/5-7-6) (from Ch. 38, par. 1005-7-6)
23 Sec. 5-7-6. Duty of Clerk of Court or the Department of
24 Corrections Correction; collection and disposition of
25 compensation.
26 (a) Every gainfully employed offender shall be
27 responsible for managing his or her earnings. The clerk of
28 the circuit court shall have only those responsibilities
29 regarding an offender's earnings as are set forth in this
30 Section.
31 Every offender, including offenders who are sentenced to
32 periodic imprisonment for weekends only, gainfully employed
33 shall pay a fee for room and board at a rate established,
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1 with the concurrence of the chief judge of the judicial
2 circuit, by the county board of the county in which the
3 offender is incarcerated. The concurrence of the chief judge
4 shall be in the form of an administrative order. In
5 establishing the fee for room and board consideration may be
6 given to all costs incidental to the incarceration of
7 offenders. If an offender is necessarily absent from the
8 institution at mealtime he or she shall, without additional
9 charge, be furnished with a meal to carry to work. Each
10 week, on a day designated by the clerk of the circuit court,
11 every offender shall pay the clerk the fees for the
12 offender's room and board. Failure to pay the clerk on the
13 day designated shall result in the termination of the
14 offender's release. All fees for room and board collected by
15 the circuit court clerk shall be disbursed into the county's
16 General Corporate Fund.
17 By order of the court, all or a portion of the earnings
18 of employed offenders shall be turned over to the clerk to be
19 distributed for the following purposes, in the order stated:
20 (1) the room and board of the offender;
21 (2) necessary travel expenses to and from work and
22 other incidental expenses of the offender, when those
23 expenses are incurred by the administrator of the
24 offender's imprisonment;
25 (3) support of the offender's dependents, if any.
26 (b) If the offender has one or more dependents who are
27 recipients of financial assistance pursuant to the Illinois
28 Public Aid Code, or who are residents of a State hospital,
29 State school or foster care facility provided by the State,
30 the court shall order the offender to turn over all or a
31 portion of his earnings to the clerk who shall, after making
32 the deductions provided for under paragraph (a), distribute
33 those earnings to the appropriate agency as reimbursement for
34 the cost of care of such dependents. The order shall permit
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1 the Department of Human Services (acting as successor to the
2 Illinois Department of Public Aid under the Department of
3 Human Services Act) or the local governmental unit, as the
4 case may be, to request the clerk that subsequent payments be
5 made directly to the dependents, or to some agency or person
6 in their behalf, upon removal of the dependents from the
7 public aid rolls; and upon such direction and removal of the
8 recipients from the public aid rolls, the Department of Human
9 Services or the local governmental unit, as the case
10 requires, shall give written notice of such action to the
11 court. Payments received by the Department of Human Services
12 or by governmental units in behalf of recipients of public
13 aid shall be deposited into the General Revenue Fund of the
14 State Treasury or General Assistance Fund of the governmental
15 unit, under Section 10-19 of the Illinois Public Aid Code.
16 (c) The clerk of the circuit court shall keep individual
17 accounts of all money collected by him as required by this
18 Article. He shall deposit all moneys as trustee in a
19 depository designated by the county board and shall make
20 payments required by the court's order from such trustee
21 account. Such accounts shall be subject to audit in the same
22 manner as accounts of the county are audited.
23 (d) If an institution or the Department of Corrections
24 certifies to the court that it can administer this Section
25 with respect to persons committed to it under this Article,
26 the clerk of the court shall be relieved of its duties under
27 this Section and they shall be assumed by such institution or
28 the Department.
29 (Source: P.A. 89-507, eff. 7-1-97; 89-532, eff. 7-19-96;
30 90-14, eff. 7-1-97; revised 10-31-98.)
31 (730 ILCS 5/5-8A-4) (from Ch. 38, par. 1005-8A-4)
32 Sec. 5-8A-4. Program description. The supervising
33 authority may promulgate rules that prescribe reasonable
-1461- LRB9101253EGfg
1 guidelines under which an electronic home detention program
2 shall operate. These rules shall include but not be limited
3 to the following:
4 (A) The participant shall remain within the interior
5 premises or within the property boundaries of his or her
6 residence at all times during the hours designated by the
7 supervising authority. Such instances of approved absences
8 from the home may include but are not limited to the
9 following:
10 (1) working or employment approved by the court or
11 traveling to or from approved employment;
12 (2) unemployed and seeking employment approved for
13 the participant by the court;
14 (3) undergoing medical, psychiatric, mental health
15 treatment, counseling, or other treatment programs
16 approved for the participant by the court;
17 (4) attending an educational institution or a
18 program approved for the participant by the court;
19 (5) attending a regularly scheduled religious
20 service at a place of worship;
21 (6) participating in community work release or
22 community service programs approved for the participant
23 by the supervising authority; or
24 (7) for another compelling reason consistent with
25 the public interest, as approved by the supervising
26 authority.
27 (B) The participant shall admit any person or agent
28 designated by the supervising authority into his or her
29 residence at any time for purposes of verifying the
30 participant's compliance with the conditions of his or her
31 detention.
32 (C) The participant shall make the necessary
33 arrangements to allow for any person or agent designated by
34 the supervising authority to visit the participant's place of
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1 education or employment at any time, based upon the approval
2 of the educational institution employer or both, for the
3 purpose of verifying the participant's compliance with the
4 conditions of his or her detention.
5 (D) The participant shall acknowledge and participate
6 with the approved electronic monitoring device as designated
7 by the supervising authority at any time for the purpose of
8 verifying the participant's compliance with the conditions of
9 his or her detention.
10 (E) The participant shall maintain the following:
11 (1) a working telephone in the participant's home;
12 (2) a monitoring device in the participant's home,
13 or on the participant's person, or both; and
14 (3) a monitoring device in the participant's home
15 and on the participant's person in the absence of a
16 telephone.
17 (F) The participant shall obtain approval from the
18 supervising authority before the participant changes
19 residence or the schedule described in subsection (A) of this
20 Section Section 5-8A-4.
21 (G) The participant shall not commit another crime
22 during the period of home detention ordered by the Court.
23 (H) Notice to the participant that violation of the
24 order for home detention may subject the participant to
25 prosecution for the crime of escape as described in Section
26 5-8A-4.1.
27 (I) The participant shall abide by other conditions as
28 set by the supervising authority.
29 (Source: P.A. 89-647, eff. 1-1-97; revised 10-31-98.)
30 Section 248. The Probation and Probation Officers Act is
31 amended by changing Section 13 as follows:
32 (730 ILCS 110/13) (from Ch. 38, par. 204-5)
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1 Sec. 13. It shall be the duty of the director of the
2 court services department or the chief probation officer,
3 appointed as provided in this act, to supervise and control
4 the work of all subordinate court services or probation
5 officers under his or her jurisdiction subject to the general
6 administrative and supervisory authority of the Chief Circuit
7 Judge or another judge designated by the Chief Circuit Judge,
8 and to control and supervise, as herein provided, the conduct
9 of probationers to such extent as the court may direct.
10 The Chief Circuit Judge, or another judge designated by
11 the Chief Circuit Judge to have general administrative and
12 supervisory authority over the director of the court services
13 department or the chief probation officer, or may authorize
14 the director or chief probation officer to appoint all
15 subordinate court services department officers or probation
16 officers, who shall serve at the pleasure of the director or
17 chief probation officer.
18 In addition to the authority to discharge such
19 subordinate officers, the director or chief probation officer
20 may impose lesser disciplinary sanctions as the circumstances
21 warrant in the judgment of the director or chief probation
22 officer. Any disciplinary action taken by the director or
23 chief probation officer shall be in accordance with any State
24 or federal laws that may be applicable.
25 It shall be the duty of the county board to furnish
26 suitable rooms and accommodations, equipment and supplies for
27 said probation officers and clerical assistants in that
28 jurisdiction, and for the keeping of the records, equipment
29 and supplies of the office. The number of clerical
30 assistants shall be determined by the Chief Circuit Judge or
31 another judge designated by the Chief Circuit Judge to have
32 general administrative and supervisory authority over the
33 director of the court services department or the chief
34 probation officer and shall be appointed by the director or
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1 chief probation officer. Salaries of said clerical
2 assistants shall be fixed by the county board.
3 (Source: P.A. 86-639; revised 1-14-99.)
4 Section 249. The Sex Offender and Child Murderer
5 Community Notification Law is amended by changing Section 120
6 as follows:
7 (730 ILCS 152/120)
8 Sec. 120. Community notification of sex offenders.
9 (a) The sheriff of the county, except Cook County, shall
10 disclose to the following the name, address, date of birth,
11 and offense or adjudication of all sex offenders required to
12 register under Section 3 of the Sex Offender Registration
13 Act:
14 (1) (Blank);
15 (2) School boards of public school districts and
16 the principal or other appropriate administrative officer
17 of each nonpublic school located in the county where the
18 sex offender resides; and
19 (3) Child care facilities located in the county
20 where the sex offender resides.;
21 (a-2) The sheriff of Cook County shall disclose to the
22 following the name, address, date of birth, and offense or
23 adjudication of all sex offenders required to register under
24 Section 3 of the Sex Offender Registration Act:
25 (1) School boards of public school districts and
26 the principal or other appropriate administrative officer
27 of each nonpublic school located within the region of
28 Cook County, as those public school districts and
29 nonpublic schools are identified in LEADS, other than the
30 City of Chicago, where the sex offender resides; and
31 (2) Child care facilities located within the region
32 of Cook County, as those child care facilities are
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1 identified in LEADS, other than the City of Chicago,
2 where the sex offender resides.
3 (a-3) The Chicago Police Department shall disclose to
4 the following the name, address, date of birth, and offense
5 or adjudication of all sex offenders required to register
6 under Section 3 of the Sex Offender Registration Act:
7 (1) School boards of public school districts and
8 the principal or other appropriate administrative officer
9 of each nonpublic school located in the police district
10 where the sex offender resides if the offender resides in
11 the City of Chicago; and
12 (2) Child care facilities located in the police
13 district where the sex offender resides if the offender
14 resides in the City of Chicago.
15 (a-4) The Department of State Police shall provide a
16 list of sex offenders required to register to the Illinois
17 Department of Children and Family Services.
18 (b) The Department of State Police and any law
19 enforcement agency having jurisdiction may disclose, in the
20 Department's or agency's discretion, the following
21 information to any person likely to encounter a sex offender
22 required to register under Section 3 of the Sex Offender
23 Registration Act:
24 (1) The offender's name, address, and date of
25 birth.
26 (2) The offense for which the offender was
27 convicted.
28 (3) Adjudication as a sexually dangerous person.
29 (c) The name, address, date of birth, and offense or
30 adjudication for sex offenders required to register under
31 Section 3 of the Sex Offender Registration Act shall be open
32 to inspection by the public as provided in this Section.
33 Every municipal police department shall make available at its
34 headquarters the information on all sex offenders who are
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1 required to register in the municipality under the Sex
2 Offender Registration Act. The sheriff shall also make
3 available at his or her headquarters the information on all
4 sex offenders who are required to register under that Act and
5 who live in unincorporated areas of the county. The
6 information shall be made available for public inspection
7 according to procedures set by the department or sheriff,
8 upon request of any person presented in writing, in person,
9 or by telephone. The law enforcement agency may make
10 available the information on all sex offenders residing
11 within the county.
12 (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96;
13 89-707, eff. 6-1-97; 90-193, eff. 7-24-97; revised 10-31-98.)
14 Section 250. The Code of Civil Procedure is amended by
15 changing Sections 2-109, 4-109, 4-227, 7-103, 9-111.1,
16 12-101, 12-147, 12-153, 12-164, 12-183, and 15-1504 and the
17 caption to Part 2 of Article IX and by adding Sections
18 7-103.1, 7-103.3, 7-103.5 through 7-103.41, 7-103.41a,
19 7-103.42 through 7-103.49, and 7-103.51 through 7-103.70 as
20 follows:
21 (735 ILCS 5/2-109) (from Ch. 110, par. 2-109)
22 Sec. 2-109. Malicious prosecution - medical malpractice.
23 In all cases alleging malicious prosecution arising out of
24 proceedings which sought damages for injuries or death by
25 reason of medical, hospital, or other healing art
26 malpractice, the plaintiff need not plead or prove special
27 injury to sustain his or her cause of action. In all such
28 cases alleging malicious prosecution, no exemplary or
29 punitive damages shall be allowed.
30 (Source: P.A. 84-1308, revised 10-31-98.)
31 (735 ILCS 5/4-109) (from Ch. 110, par. 4-109)
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1 Sec. 4-109. Condition of bond. The condition of the bond
2 shall be applicable to additional certified copies of the
3 order for attachment as well as to the first certified copy
4 of the order for attachment and shall be substantially in the
5 following form:
6 The condition of this obligation is such, that whereas
7 the plaintiff has on (insert date) ..... 19..... applied for
8 an order for attachment in the above entitled action of ....
9 against the estate of the above named ..... Now, if the ....
10 shall prosecute the action with effect, or in the case of
11 failure therein shall satisfy all costs which may be awarded
12 to .... or to any person or persons interested in the
13 property attached, and all damages and costs which shall be
14 recovered against the plaintiff for wrongfully obtaining the
15 order for attachment, then the above obligation to be void;
16 otherwise to remain in full force and effect.
17 Additional bonds shall not be required for obtaining
18 additional certified copies, except as provided in Section
19 4-115 of this Act.
20 (Source: P.A. 83-707; revised 10-19-98.)
21 (735 ILCS 5/4-227) (from Ch. 110, par. 4-227)
22 Sec. 4-227. Remnants. Any portion of the sum so paid by
23 the sheriff to the clerk, or of a deposit remaining after
24 such distribution as hereinabove provided, shall be
25 denominated remnants and surplus proceeds, and where any
26 claim or complaint is filed against the same as provided in
27 Part 2 of or Article IV of this Act, distribution shall be
28 directed by the court after judgment upon motion and notice,
29 as provided in Section 4-226 of this Act, and after the
30 following order:
31 First - All costs upon claims passing into judgment which
32 were filed after distribution.
33 Second - All other liens enforceable under Part 2 of
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1 Article IV of this Act against the water craft prior to
2 distribution.
3 Third - All claims upon mortgages of such water craft or
4 other incumbrances by the owner, in proportion to the
5 interest they cover and priority.
6 Fourth - Upon petition of the creditor, all judgments
7 against the owner, and which ought equitably to be paid out
8 of the proceeds in preference to the owner.
9 Fifth - The owner.
10 (Source: P.A. 82-280; revised 10-31-98.)
11 (735 ILCS 5/7-103) (from Ch. 110, par. 7-103)
12 Sec. 7-103. "Quick-take".
13 (a) This Section applies only to proceedings under this
14 Article that are authorized in the Sections following this
15 Section and preceding Section 7-104.:
16 (1) by the State of Illinois, the Illinois Toll
17 Highway Authority or the St. Louis Metropolitan Area
18 Airport Authority for the acquisition of land or
19 interests therein for highway purposes;
20 (2) (blank);
21 (3) by the Department of Commerce and Community
22 Affairs for the purpose specified in the Illinois Coal
23 Development Bond Act;
24 (4) (blank);
25 (5) for the purpose specified in the St. Louis
26 Metropolitan Area Airport Authority Act;
27 (6) for a period of 24 months after May 24, 1996,
28 by the Southwestern Illinois Development Authority
29 pursuant to the Southwestern Illinois Development
30 Authority Act;
31 (7) for a period of 3 years after December 30,
32 1987, by the Quad Cities Regional Economic Development
33 Authority (except for the acquisition of land or
-1469- LRB9101253EGfg
1 interests therein that is farmland, or upon which is
2 situated a farm dwelling and appurtenant structures, or
3 upon which is situated a residence, or which is wholly
4 within an area that is zoned for residential use)
5 pursuant to the Quad Cities Regional Economic Development
6 Authority Act;
7 (8) by a sanitary district created under the
8 Metropolitan Water Reclamation District Act for the
9 acquisition of land or interests therein for purposes
10 specified in that Act;
11 (9) by a rail carrier within the time limitations
12 and subject to the terms and conditions set forth in
13 Section 18c-7501 of the Illinois Vehicle Code;
14 (10) for a period of 18 months after January 26,
15 1987, for the purpose specified in Division 135 of
16 Article 11 of the Illinois Municipal Code, by a
17 commission created under Section 2 of the Water
18 Commission Act of 1985;
19 (11) by a village containing a population of less
20 than 15,000 for the purpose of acquiring property to be
21 used for a refuse derived fuel system designed to
22 generate steam and electricity, and for industrial
23 development that will utilize such steam and electricity,
24 pursuant to Section 11-19-10 of the Illinois Municipal
25 Code;
26 (12) after receiving the prior approval of the City
27 Council, by a municipality having a population of more
28 than 500,000 for the purposes set forth in Section
29 11-61-1a and Divisions 74.2 and 74.3 of Article 11 of the
30 Illinois Municipal Code, and for the same purposes when
31 established pursuant to home rule powers;
32 (13) by a home rule municipality, after a public
33 hearing held by the corporate authorities or by a
34 committee of the corporate authorities and after approval
-1470- LRB9101253EGfg
1 by a majority of the corporate authorities, within an
2 area designated as an enterprise zone by the municipality
3 under the Illinois Enterprise Zone Act;
4 (14) by the Illinois Sports Facilities Authority
5 for the purpose specified in Section 12 of the Illinois
6 Sports Facilities Authority Act;
7 (15) by a municipality having a population of more
8 than 2,000,000 for the purpose of acquiring the property
9 described in Section 3 of the Sports Stadium Act;
10 (16) for a period of 18 months after July 29, 1986,
11 in any proceeding by the Board of Trustees of the
12 University of Illinois for the acquisition of land in
13 Champaign County or interests therein as a site for a
14 building or for any educational purpose;
15 (17) for a period of 2 years after July 1, 1990, by
16 a home rule municipality and a county board, upon
17 approval of a majority of the corporate authorities of
18 both the county board and the municipality, within an
19 area designated as an enterprise zone by the municipality
20 and the county board through an intergovernmental
21 agreement under the Illinois Enterprise Zone Act, when
22 the purpose of the condemnation proceeding is to acquire
23 land for the construction of an industrial harbor port,
24 and when the total amount of land to be acquired for that
25 purpose is less than 75 acres and is adjacent to the
26 Illinois River;
27 (18) by an airport authority located solely within
28 the boundaries of Madison County, Illinois, and which is
29 organized pursuant to the provisions of the Airport
30 Authorities Act, (i) for the acquisition of 160 acres, or
31 less, of land or interests therein for the purposes
32 specified in that Act which may be necessary to extend,
33 mark, and light runway 11/29 for a distance of 1600 feet
34 in length by 100 feet in width with parallel taxiway, to
-1471- LRB9101253EGfg
1 relocate and mark County Highway 19, Madison County,
2 known as Moreland Road, to relocate the instrument
3 landing system including the approach lighting system and
4 to construct associated drainage, fencing and seeding
5 required for the foregoing project and (ii) for a period
6 of 6 months after December 28, 1989, for the acquisition
7 of 75 acres, or less, of land or interests therein for
8 the purposes specified in that Act which may be necessary
9 to extend, mark and light the south end of runway 17/35
10 at such airport;
11 (19) by any unit of local government for a
12 permanent easement for the purpose of maintaining,
13 dredging or cleaning the Little Calumet River;
14 (20) by any unit of local government for a
15 permanent easement for the purpose of maintaining,
16 dredging or cleaning the Salt Creek in DuPage County;
17 (21) by St. Clair County, Illinois, for the
18 development of a joint use facility at Scott Air Force
19 Base;
20 (22) by the Village of Summit, Illinois, to acquire
21 land for a waste to energy plant;
22 (23) for a period of 15 months after September 7,
23 1990, by the Department of Transportation or by any unit
24 of local government under the terms of an
25 intergovernmental cooperation agreement between the
26 Department of Transportation and the unit of local
27 government for the purpose of developing aviation
28 facilities in and around Chanute Air Force Base in
29 Champaign County, Illinois;
30 (24) for a period of 1 year after December 12,
31 1990, by the City of Morris for the development of the
32 Morris Municipal Airport;
33 (25) for a period of 1 year after June 19, 1991, by
34 the Greater Rockford Airport Authority for airport
-1472- LRB9101253EGfg
1 expansion purposes;
2 (26) for a period of 24 months after June 30, 1991,
3 by the City of Aurora for completion of an instrument
4 landing system and construction of an east-west runway at
5 the Aurora Municipal Airport;
6 (27) for the acquisition by the Metropolitan Pier
7 and Exposition Authority of property described in
8 subsection (f) of Section 5 of the Metropolitan Pier and
9 Exposition Authority Act for the purposes of providing
10 additional grounds, buildings, and facilities related to
11 the purposes of the Metropolitan Pier and Exposition
12 Authority;
13 (28) for a period of 24 months after March 1, 1992,
14 by the Village of Wheeling and the City of Prospect
15 Heights, owners of the Palwaukee Municipal Airport, to
16 allow for the acquisition of right of way to complete the
17 realignment of Hintz Road and Wolf Road;
18 (29) for a period of one year from the effective
19 date of this amendatory Act of 1992, by the
20 Bloomington-Normal Airport Authority for airport
21 expansion purposes;
22 (30) for a period of 24 months after September 10,
23 1993, by the Cook County Highway Department and Lake
24 County Department of Transportation to allow for the
25 acquisition of necessary right-of-way for construction of
26 underpasses for Lake-Cook Road at the Chicago
27 Northwestern Railroad crossing, west of Skokie Boulevard,
28 and the Chicago, Milwaukee, St. Paul and Pacific Railroad
29 crossing, west of Waukegan Road;
30 (31) for a period of one year after December 23,
31 1993, by the City of Arcola and the City of Tuscola for
32 the development of the Arcola/Tuscola Water Transmission
33 Pipeline Project pursuant to the intergovernmental
34 agreement between the City of Arcola and the City of
-1473- LRB9101253EGfg
1 Tuscola;
2 (32) for a period of 24 months from December 23,
3 1993, by the Village of Bensenville for the acquisition
4 of property bounded by Illinois Route 83 to the west and
5 O'Hare International Airport to the east to complete a
6 flood control project known as the Bensenville Ditch;
7 (33) for a period of 9 months after November 1,
8 1993, by the Medical Center Commission for the purpose of
9 acquiring a site for the Illinois State Police Forensic
10 Science Laboratory at Chicago, on the block bounded by
11 Roosevelt Road on the north, Wolcott Street on the east,
12 Washburn Street on the south, and Damen Avenue on the
13 west in Chicago, Illinois;
14 (34) for a period of 36 months after July 14, 1995,
15 by White County for the acquisition of a 3 1/2 mile
16 section of Bellaire Road, which is described as follows:
17 Commencing at the Northwest Corner of the Southeast 1/4
18 of Section 28, Township 6 South, Range 10 East of the 3rd
19 Principal Meridian; thence South to a point at the
20 Southwest Corner of the Southeast 1/4 of Section 9,
21 Township 7 South, Range 10 East of the 3rd Principal
22 Meridian;
23 (35) for a period of one year after July 14, 1995,
24 by the City of Aurora for permanent and temporary
25 easements except over land adjacent to Indian Creek and
26 west of Selmarten Creek located within the City of Aurora
27 for the construction of Phase II of the Indian Creek
28 Flood Control Project;
29 (35.1) for a period beginning June 24, 1995 (the
30 day following the effective date of Public Act 89-29) and
31 ending on July 13, 1995 (the day preceding the effective
32 date of Public Act 89-134), by the City of Aurora for
33 permanent and temporary easements for the construction of
34 Phase II of the Indian Creek Flood Control Project;
-1474- LRB9101253EGfg
1 (36) for a period of 6 years from July 14, 1995, by
2 the Grand Avenue Railroad Relocation Authority for the
3 Grand Avenue Railroad Grade Separation Project within the
4 Village of Franklin Park, Illinois;
5 (37) for a period of 3 years after July 14, 1995,
6 by the Village of Romeoville for the acquisition of
7 rights-of-way for the 135th Street Bridge Project, lying
8 within the South 1/2 of Section 34, Township 37 North,
9 Range 10 East and the South 1/2 of Section 35, Township
10 37 North, Range 10 East of the Third Principal Meridian,
11 and the North 1/2 of Section 2, Township 36 North, Range
12 10 East and the North 1/2 of Section 3, Township 36
13 North, Range 10 East of the 3rd Principal Meridian, in
14 Will County, Illinois;
15 (37.1) for a period of 3 years after June 23, 1995,
16 by the Illinois Department of Transportation for the
17 acquisition of rights-of-way for the 135th Street Bridge
18 Project between the Des Plaines River and New Avenue
19 lying within the South 1/2 of Section 35, Township 37
20 North, Range 10 East of the Third Principal Meridian and
21 the North 1/2 of Section 2, Township 36 North, Range 10
22 East of the 3rd Principal Meridian, in Will County,
23 Illinois;
24 (38) for a period beginning June 24, 1995 (the day
25 after the effective date of Public Act 89-29) and ending
26 18 months after July 14, 1995 (the effective date of
27 Public Act 89-134), by the Anna-Jonesboro Water
28 Commission for the acquisition of land and easements for
29 improvements to its water treatment and storage
30 facilities and water transmission pipes;
31 (39) for a period of 36 months after July 14, 1995,
32 by the City of Effingham for the acquisition of property
33 which is described as follows:
34 Tract 1:
-1475- LRB9101253EGfg
1 Lots 26 and 27 in Block 4 in RAILROAD ADDITION TO
2 THE TOWN (NOW CITY) OF EFFINGHAM (reference made to Plat
3 thereof recorded in Book "K", Page 769, in the Recorder's
4 Office of Effingham County), situated in the City of
5 Effingham, County of Effingham and State of Illinois.
6 Tract 2:
7 The alley lying South and adjoining Tract 1, as
8 vacated by Ordinance recorded on July 28, 1937 in Book
9 183, Page 465, and all right, title and interest in and
10 to said alley as established by the Contract for Easement
11 recorded on August 4, 1937 in Book 183, Page 472;
12 (40) for a period of one year after July 14, 1995,
13 by the Village of Palatine for the acquisition of
14 property located along the south side of Dundee Road
15 between Rand Road and Hicks Road for redevelopment
16 purposes;
17 (41) for a period of 6 years after July 1, 1995,
18 for the acquisition by the Medical Center District of
19 property described in Section 3 of the Illinois Medical
20 District Act within the District Development Area as
21 described in Section 4 of that Act for the purposes set
22 forth in that Act;
23 (41.5) for a period of 24 months after June 21,
24 1996 by the City of Effingham, Illinois for acquisition
25 of property for the South Raney Street Improvement
26 Project Phase I;
27 (42) for a period of 3 years after June 21, 1996,
28 by the Village of Deerfield for the acquisition of
29 territory within the Deerfield Village Center, as
30 designated as of that date by the Deerfield Comprehensive
31 Plan, with the exception of that area north of Jewett
32 Park Drive (extended) between Waukegan Road and the
33 Milwaukee Railroad Tracks, for redevelopment purposes;
34 (43) for a period of 12 months after June 21, 1996,
-1476- LRB9101253EGfg
1 by the City of Harvard for the acquisition of property
2 lying west of Harvard Hills Road of sufficient size to
3 widen the Harvard Hills Road right of way and to install
4 and maintain city utility services not more than 200 feet
5 west of the center line of Harvard Hills Road;
6 (44) for a period of 5 years after June 21, 1996,
7 by the Village of River Forest, Illinois, within the area
8 designated as a tax increment financing district when the
9 purpose of the condemnation proceeding is to acquire land
10 for any of the purposes contained in the River Forest Tax
11 Increment Financing Plan or authorized by the Tax
12 Increment Allocation Redevelopment Act, provided that
13 condemnation of any property zoned and used exclusively
14 for residential purposes shall be prohibited;
15 (45) for a period of 18 months after June 28, 1996,
16 by the Village of Schaumburg for the acquisition of land,
17 easements, and aviation easements for the purpose of a
18 public airport in Cook and DuPage Counties; provided that
19 if any proceedings under the provisions of this Article
20 are pending on that date, "quick-take" may be utilized by
21 the Village of Schaumburg;
22 (46) for a period of one year after June 28, 1996,
23 by the City of Pinckneyville for the acquisition of land
24 and easements to provide for improvements to its water
25 treatment and storage facilities and water transmission
26 pipes, and for the construction of a sewerage treatment
27 facility and sewerage transmission pipes to serve the
28 Illinois Department of Corrections Pinckneyville
29 Correctional Facility;
30 (47) for a period of 6 months after June 28, 1996,
31 by the City of Streator for the acquisition of property
32 described as follows for a first flush basin sanitary
33 sewer system:
34 Tract 5: That part of lots 20 and 21 in Block
-1477- LRB9101253EGfg
1 6 in Moore and Plumb's addition to the city of
2 Streator, Illinois, lying south of the right of way
3 of the switch track of the Norfolk and Western
4 Railroad (now abandoned) in the county of LaSalle,
5 state of Illinois;
6 Tract 6: That part of lots 30, 31 and 32 in
7 Block 7 in Moore and Plumb's Addition to the city of
8 Streator, Illinois, lying north of the centerline of
9 Coal Run Creek and south of the right of way of the
10 switch track of the Norfolk and Western Railroad
11 (now abandoned) in the county of LaSalle, state of
12 Illinois;
13 (48) for a period of 36 months after January 16,
14 1997, by the Bi-State Development Agency of the
15 Missouri-Illinois Metropolitan District for the
16 acquisition of rights of way and related property
17 necessary for the construction and operation of the
18 MetroLink Light Rail System, beginning in East St. Louis,
19 Illinois, and terminating at Mid America Airport, St.
20 Clair County, Illinois;
21 (49) for a period of 2 years after January 16,
22 1997, by the Village of Schaumburg for the acquisition of
23 rights-of-way, permanent easements, and temporary
24 easements for the purpose of improving the Roselle
25 Road/Illinois Route 58/Illinois Route 72 corridor,
26 including rights-of-way along Roselle Road, Remington
27 Road, Valley Lake Drive, State Parkway, Commerce Drive,
28 Kristin Circle, and Hillcrest Boulevard, a permanent
29 easement along Roselle Road, and temporary easements
30 along Roselle Road, State Parkway, Valley Lake Drive,
31 Commerce Drive, Kristin Circle, and Hillcrest Boulevard,
32 in Cook County;
33 (50) (blank);
34 (51) for a period of 12 months after July 25, 1997,
-1478- LRB9101253EGfg
1 by the Village of Bloomingdale for utility relocations
2 necessitated by the Lake Street Improvement Project on
3 Lake Street between Glen Ellyn Road and Springfield Drive
4 in the Village of Bloomingdale;
5 (52) for a period of 36 months after July 25, 1997,
6 by the City of Freeport, owners of the Freeport Albertus
7 Municipal Airport, to allow for acquisition of any land,
8 rights, or other property lying between East Lamm Road
9 and East Borchers Road to complete realignment of South
10 Hollywood Road and to establish the necessary runway
11 safety zone in accordance with Federal Aviation
12 Administration and Illinois Department of Transportation
13 design criteria;
14 (53) for a period of 3 years after July 1, 1997, by
15 the Village of Elmwood Park to be used only for the
16 acquisition of commercially zoned property within the
17 area designated as the Tax Increment Redevelopment
18 Project Area by ordinance passed and approved on December
19 15, 1986, as well as to be used only for the acquisition
20 of commercially zoned property located at the northwest
21 corner of North Avenue and Harlem Avenue and commercially
22 zoned property located at the southwest corner of Harlem
23 Avenue and Armitage Avenue for redevelopment purposes, as
24 set forth in Division 74.3 of Article 11 of the Illinois
25 Municipal Code;
26 (54) for a period of 3 years after July 25, 1997,
27 by the Village of Oak Park for the acquisition of
28 property located along the south side of North Avenue
29 between Austin Boulevard and Harlem Avenue or along the
30 north and south side of Harrison Street between Austin
31 Boulevard and Elmwood Avenue, not including residentially
32 zoned properties within these areas, for commercial
33 redevelopment goals;
34 (54.1) for a period of 3 years after August 14,
-1479- LRB9101253EGfg
1 1997, by the Village of Oak Park for the acquisition of
2 property within the areas designated as the Greater
3 Downtown Area Tax Increment Financing District, the
4 Harlem/Garfield Tax Increment Financing District, and the
5 Madison Street Tax Increment Financing District, not
6 including residentially zoned properties within these
7 areas, for commercial redevelopment goals;
8 (54.2) for a period of 3 years after August 14,
9 1997, by the Village of Oak Park for the acquisition of
10 property within the areas designated as the North Avenue
11 Commercial Strip and the Harrison Street Business Area,
12 not including residentially zoned properties within these
13 areas, for commercial redevelopment goals;
14 (55) for a period of 3 years after August 14, 1997
15 by the Village of Morton Grove, within the area
16 designated as the Waukegan Road Tax Increment Financing
17 District to be used only for acquiring commercially zoned
18 properties located on Waukegan Road for tax increment
19 redevelopment projects contained in the redevelopment
20 plan for the area;
21 (56) For a period of 2 years after August 14, 1997,
22 by the Village of Rosemont for the acquisition of the
23 property described as Tract 1, and the acquisition of any
24 leasehold interest of the property described as Tract 2,
25 both described as follows:
26 Tract 1
27 PARCEL 1:
28 THAT PART OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP
29 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN,
30 DESCRIBED AS FOLLOWS:
31 COMMENCING AT THE INTERSECTION OF A LINE 50.00 FEET, AS
32 MEASURED AT RIGHT ANGLES, NORTH OF AND PARALLEL WITH THE
33 SOUTH LINE OF SAID SOUTHWEST 1/4 WITH A LINE 484.69
34 FEET, AS MEASURED AT RIGHT ANGLES, EAST OF AND PARALLEL
-1480- LRB9101253EGfg
1 WITH THE WEST LINE OF SAID SOUTHWEST 1/4 (THE WEST LINE
2 OF SAID SOUTHWEST 1/4 HAVING AN ASSUMED BEARING OF NORTH
3 00 DEGREES 00 MINUTES 00 SECONDS EAST FOR THIS LEGAL
4 DESCRIPTION); THENCE NORTH 00 DEGREES 00 MINUTES 00
5 SECONDS EAST ALONG SAID LAST DESCRIBED PARALLEL LINE,
6 427.26 FEET TO A POINT FOR A PLACE OF BEGINNING; THENCE
7 CONTINUING NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST
8 ALONG SAID LAST DESCRIBED PARALLEL LINE, 251.92 FEET;
9 THENCE NORTH 45 DEGREES 00 MINUTES 00 SECONDS EAST,
10 32.53 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00
11 SECONDS EAST, 53.70 FEET; THENCE SOUTH 72 DEGREES 34
12 MINUTES 18 SECONDS EAST, 149.63 FEET; THENCE SOUTH 00
13 DEGREES 00 MINUTES 00 SECONDS WEST, 230.11 FEET; THENCE
14 SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, 219.46 FEET,
15 TO THE POINT OF BEGINNING IN COOK COUNTY, ILLINOIS.
16 PARCEL 2:
17 THAT PART OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP
18 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN,
19 DESCRIBED AS FOLLOWS:
20 COMMENCING AT THE INTERSECTION OF A LINE 50.00 FEET, AS
21 MEASURED AT RIGHT ANGLES, NORTH OF AND PARALLEL WITH THE
22 SOUTH LINE OF SAID SOUTHWEST 1/4 WITH A LINE 484.69
23 FEET, AS MEASURED AT RIGHT ANGLES, EAST OF AND PARALLEL
24 WITH THE WEST LINE OF SAID SOUTHWEST 1/4 (THE WEST LINE
25 OF SAID SOUTHWEST 1/4 HAVING AN ASSUMED BEARING OF NORTH
26 00 DEGREES, 00 MINUTES, 00 SECONDS EAST FOR THIS LEGAL
27 DESCRIPTION); THENCE NORTH 00 DEGREES, 00 MINUTES, 00
28 SECONDS EAST ALONG SAID LAST DESCRIBED PARALLEL LINE,
29 153.00 FEET; THENCE NORTH 90 DEGREES, 00 MINUTES, 00
30 SECONDS EAST, 89.18 FEET; THENCE NORTH 00 DEGREES, 00
31 MINUTES, 00 SECONDS EAST, 48.68 FEET; THENCE NORTH 90
32 DEGREES, 00 MINUTES, 00 SECONDS EAST, 43.53 FEET; THENCE
33 SOUTH 00 DEGREES, 00 MINUTES, 00 SECONDS EAST, 8.00 FEET;
34 THENCE NORTH 90 DEGREES, 00 MINUTES, 00 SECONDS EAST,
-1481- LRB9101253EGfg
1 44.23 FEET; THENCE NORTH 45 DEGREES, 00 MINUTES, 00
2 SECONDS EAST, 60.13 FEET; THENCE NORTH 00 DEGREES, 00
3 MINUTES, 00 SECONDS EAST, 141.06 FEET TO A POINT FOR A
4 PLACE OF BEGINNING, SAID POINT BEING 447.18 FEET NORTH
5 AND 704.15 FEET EAST OF THE SOUTHWEST CORNER OF THE
6 SOUTHWEST 1/4 OF SAID SECTION 33, AS MEASURED ALONG THE
7 WEST LINE OF SAID SOUTHWEST 1/4 AND ALONG A LINE AT RIGHT
8 ANGLES THERETO; THENCE NORTH 00 DEGREES, 00 MINUTES, 00
9 SECONDS EAST, 280.11 FEET; THENCE NORTH 72 DEGREES, 34
10 MINUTES, 18 SECONDS WEST, 149.63 FEET; THENCE SOUTH 90
11 DEGREES, 00 MINUTES, 00 SECONDS WEST, 53.70 FEET; THENCE
12 SOUTH 45 DEGREES, 00 MINUTES, 00 SECONDS WEST, 32.53 FEET
13 TO A POINT ON A LINE 484.69 FEET, AS MEASURED AT RIGHT
14 ANGLES, EAST OF AND PARALLEL WITH THE WEST LINE OF SAID
15 SOUTHWEST 1/4, SAID POINT BEING 679.18 FEET, AS MEASURED
16 ALONG SAID PARALLEL LINE, NORTH OF THE AFOREDESCRIBED
17 POINT OF COMMENCEMENT; THENCE NORTH 00 DEGREES, 00
18 MINUTES, 00 SECONDS EAST ALONG SAID LAST DESCRIBED
19 PARALLEL LINE, 158.10 FEET; THENCE NORTH 39 DEGREES, 39
20 MINUTES, 24 SECONDS EAST, 27.09 FEET TO AN INTERSECTION
21 WITH THE SOUTHERLY LINE OF HIGGINS ROAD, BEING A LINE
22 50.00 FEET, AS MEASURED AT RIGHT ANGLES, SOUTHERLY OF
23 AND PARALLEL WITH THE CENTER LINE OF SAID ROAD; THENCE
24 SOUTH 72 DEGREES, 34 MINUTES, 18 SECONDS EAST ALONG SAID
25 LAST DESCRIBED SOUTHERLY LINE, 382.55 FEET TO AN
26 INTERSECTION WITH THE WESTERLY RIGHT OF WAY LINE OF THE
27 MINNEAPOLIS, ST. PAUL AND SAULT STE. MARIE RAILROAD
28 (FORMERLY THE CHICAGO AND WISCONSIN RAILROAD); THENCE
29 SOUTH 14 DEGREES, 51 MINUTES, 36 SECONDS EAST ALONG SAID
30 LAST DESCRIBED WESTERLY LINE, 378.97 FEET; THENCE SOUTH
31 90 DEGREES, 00 MINUTES, 00 SECONDS WEST, 260.00 FEET TO
32 THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS.
33 Generally comprising approximately 3.8 acres along
34 the south side of Higgins Road, East of Mannheim Road.
-1482- LRB9101253EGfg
1 Tract 2
2 PARCEL 1:
3 Any leasehold interest of any portion of the
4 property legally described as follows:
5 THAT PART OF THE EAST 8 ACRES OF LOT 2 IN FREDERICK
6 JOSS'S DIVISION OF LAND IN SECTION 9, TOWNSHIP 40 NORTH,
7 RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT
8 THE NORTH 500 FEET THEREOF AS MEASURED ON THE EAST LINE)
9 LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE:
10 BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT 2,
11 19.07 FEET WEST OF THE NORTHEAST CORNER THEREOF; THENCE
12 SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 73
13 DEGREES 46 MINUTES 40 SECONDS (AS MEASURED FROM WEST TO
14 SOUTHWEST) WITH THE AFORESAID NORTH LINE OF LOT 2, A
15 DISTANCE OF 626.69 FEET TO A POINT; THENCE SOUTHEASTERLY
16 ALONG A LINE FORMING AN ANGLE OF 20 DEGREES 58 MINUTES
17 25 SECONDS (AS MEASURED TO THE LEFT) WITH A PROLONGATION
18 OF THE LAST DESCRIBED COURSE A DISTANCE OF 721.92 FEET
19 TO A POINT IN THE SOUTH LINE OF SAID LOT WHICH IS 85.31
20 FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT 2,
21 EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PREMISES:
22 THE SOUTH 50 FEET OF LOT 2 LYING EAST OF THE FOLLOWING
23 DESCRIBED LINE; BEGINNING AT A POINT IN THE SOUTH LINE
24 OF LOT 2, WHICH IS 85.31 FEET WEST OF THE SOUTHEAST
25 CORNER OF SAID LOT; THENCE NORTHERLY ON A LINE WHICH
26 FORMS AN ANGLE OF 85 DEGREES 13 MINUTES 25 SECONDS IN
27 THE NORTHWEST 1/4 WITH SAID LAST DESCRIBED LINE IN
28 FREDERICK JOSS'S DIVISION OF LANDS IN THE NORTHEAST 1/4
29 OF SECTION 9, TOWNSHIP 40 NORTH, RANGE 12 EAST OF THE
30 THIRD PRINCIPAL MERIDIAN.
31 PARCEL 2:
32 Plus any rights of ingress and egress which the said
33 holder of the leasehold interest may have pursuant to
34 the following described easement:
-1483- LRB9101253EGfg
1 GRANT OF EASEMENT FOR THE BENEFIT OF PARCEL 1 AS CREATED
2 BY GRANT FROM FRACAP SHEET METAL MANUFACTURING COMPANY,
3 INC. TO JUNE WEBER POLLY DATED NOVEMBER 16, 1970 AND
4 RECORDED APRIL 7, 1971 AS DOCUMENT 21442818 FOR
5 PASSAGEWAY OVER THE EAST 20 FEET AS MEASURED AT RIGHT
6 ANGLES TO THE EAST LINE THEREOF OF THE NORTH 500 FEET OF
7 THAT PART OF THE EAST 8 ACRES OF LOT 2 IN FREDERICK
8 JOSS'S DIVISION OF LAND IN SECTION 9, TOWNSHIP 40 NORTH,
9 RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING
10 EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A
11 POINT ON THE NORTH LINE OF SAID LOT 2, 19.07 FEET WEST
12 OF THE NORTHEAST CORNER THEREOF; THENCE SOUTHWESTERLY
13 ALONG A LINE FORMING AN ANGLE OF 73 DEGREES 46 MINUTES
14 40 SECONDS (AS MEASURED FROM WEST TO SOUTHWEST) WITH THE
15 AFORESAID NORTH LINE OF LOT 2, A DISTANCE OF 626.69 FEET
16 TO A POINT; THENCE SOUTHEASTERLY ALONG A LINE FORMING AN
17 ANGLE OF 20 DEGREES 58 MINUTES 25 SECONDS (AS MEASURED
18 TO THE LEFT) WITH A PROLONGATION OF THE LAST DESCRIBED
19 COURSE A DISTANCE OF 721.92 FEET TO A POINT IN THE SOUTH
20 LINE OF SAID LOT 2, WHICH IS 85.31 FEET WEST OF THE
21 SOUTHEAST CORNER OF SAID LOT 2, IN COOK COUNTY,
22 ILLINOIS;
23 (57) for a period of 24 months from August 14,
24 1997, by the City of Champaign for the acquisition of
25 land and easements in and adjacent to the City of
26 Champaign for the improvement of Windsor Road and Duncan
27 Road and for the construction of the Boneyard Creek
28 Improvement Project;
29 (58) for a period of 24 months from the effective
30 date of this amendatory Act of 1998, by the City of
31 Rochelle, to allow the acquisition of easements for the
32 construction and maintenance of overhead utility lines
33 and poles along a route within and adjacent to existing
34 roadway easements on Twombley, Mulford, and Paw Paw roads
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1 in Ogle and Lee counties;
2 (59) For a period of 3 years after the effective
3 date of this amendatory Act of 1998, by the Village of
4 Bolingbrook for acquisition of property within a Regional
5 Stormwater Detention Project Area, when the purpose of
6 the condemnation proceeding is to acquire land for one or
7 more of the following public purposes: drainage,
8 stormwater management, open space, recreation,
9 improvements for water service and related appurtenances,
10 or wetland mitigation and banking; the project area is in
11 Wheatland Township, Will County, bounded generally by
12 Essington Road, 127th Street, and Kings Road and is more
13 particularly described as follows: That part of Section
14 25 Township 37 N Range 9 E of the 3rd Principal Meridian
15 all in Wheatland Township, Will County, except the
16 Northeast Quarter; the North 1/2 of the Northwest
17 Quarter; and the Southwest Quarter of the Southwest
18 Quarter;
19 (60) for a period of 36 months after July 1, 1998,
20 by the Village of Franklin Park, for the acquisition for
21 school purposes, including, but not limited to, school
22 parking lot purposes, of property bounded on the west by
23 Rose Street, on the north by Nerbonne Street, on the east
24 by Pearl Street extended north on Nerbonne Street, and on
25 the south by King Street, except that no portion used for
26 residential purposes shall be taken;
27 (61) for a period of 5 years after June 1, 1998 by
28 the Village of Melrose Park to acquire the following
29 described property, for the purpose of redeveloping
30 blighted areas:
31 Golfland
32 That part of the North half of the South East
33 Quarter of the South West quarter of Section 35, Township
34 40 North, Range 12, East of the Third Principal Meridian,
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1 lying Northeast of the Northeasterly right-of-way line of
2 the Minneapolis, St. Paul and Sault Ste. Marie Railroad;
3 lying South of a line 443.00 feet North of and parallel
4 to the South line of the North half of the South East
5 Quarter of the South West Quarter of Section 35,
6 aforesaid; and lying west of the West line of the East
7 490 feet of the North half of the South East Quarter of
8 the South West Quarter of Section 35, aforesaid
9 (excepting therefrom the East 50 feet of the North 80
10 feet thereof and except that part taken and dedicated for
11 5th Avenue);
12 ALSO
13 That part of the South half of the South East
14 Quarter of the South West Quarter of Section 35, Township
15 30 North, Range 12, East of the Third Principal Meridian,
16 lying Northeast of the Northeasterly right-of-way line of
17 the Minneapolis, St. Paul and Sault Ste. Marie Railroad,
18 described as follows: commencing at the intersection of
19 the West line of the South East Quarter of the South West
20 Quarter of Section 35, aforesaid, with the North line of
21 the South half of the South East Quarter of the South
22 West Quarter of said Section 35; thence East along the
23 aforementioned North line 67.91 Feet to the point of
24 beginning of land herein described; thence continue East
25 along said North line 297.59 feet; thence Southwesterly
26 along a line forming an angle of 17 degrees 41 minutes 34
27 seconds, measured from West to South West with last
28 described course, from a distance of 240.84 feet to a
29 point 100 feet Southeasterly of the point of beginning;
30 thence Northwesterly 100 feet to the point of beginning;
31 all in Cook County;
32 (62) For a period of 3 years after June 1, 1998, by
33 the Village of Melrose Park to acquire property described
34 as follows for the purpose of redeveloping blighted
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1 areas:
2 THAT PART OF THE WEST 340 FEET OF THE EAST 1360 FEET
3 OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 2,
4 TOWNSHIP 39 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL
5 MERIDIAN, LYING NORTH OF THE CENTERLINE OF DES PLAINES
6 RIVER (EXCEPT THAT PART OF THE WEST 340 FEET OF THE EAST
7 1360 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF
8 SECTION 2, TOWNSHIP 39 NORTH, RANGE 12, EAST OF THE THIRD
9 PRINCIPAL MERIDIAN, LYING NORTH OF THE CENTERLINE OF DES
10 PLAINES RIVER AND LYING SOUTH OF A LINE DESCRIBED AS
11 COMMENCING ON THE EAST LINE OF SAID TRACT 880 FEET SOUTH
12 OF THE NORTH LINE OF SAID SECTION 2 RUNNING WESTERLY TO A
13 POINT IN THE WEST LINE OF SAID TRACT WHICH IS 976 FEET
14 SOUTH OF THE NORTH LINE OF SAID SECTION AND EXCEPT THE
15 NORTH 99.2 FEET AS MEASURED ON THE WEST LINE AND BY 99.6
16 FEET AS MEASURED ON THE EAST LINE OF SAID WEST 340 FEET
17 AND DEDICATED AND CONVEYED TO STATE OF ILLINOIS FOR ROAD
18 OR PUBLIC HIGHWAY PURPOSES), IN COOK COUNTY, ILLINOIS.
19 THAT PART OF THE WEST 170 FEET OF THE EAST 1530 FEET
20 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 2,
21 TOWNSHIP 39 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL
22 MERIDIAN, LYING NORTH OF THE CENTER LINE OF DES PLAINES
23 RIVER. (EXCEPT THAT PART OF THE WEST 170 FEET OF THE
24 EAST 1530 FEET OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF
25 SECTION 2, TOWNSHIP 39 NORTH, RANGE 12, EAST OF THE THIRD
26 PRINCIPAL MERIDIAN, LYING NORTH OF THE CENTER LINE OF DES
27 PLAINES RIVER AND LYING SOUTH OF A LINE DESCRIBED AS
28 COMMENCING ON THE EAST LINE OF SAID TRACT 976 FEET SOUTH
29 OF THE NORTH LINE OF SAID SECTION 2, RUNNING WESTERLY TO
30 A POINT IN THE WEST LINE OF SAID TRACT WHICH IS 1095.50
31 FEET SOUTH OF THE NORTH LINE OF SAID SECTION AND EXCEPT
32 THE NORTH 100.00 FEET AS MEASURED ON THE WEST LINE AND BY
33 99.2 FEET AS MEASURED ON THE EAST LINE OF SAID WEST 170
34 FEET AND DEDICATED AND CONVEYED TO THE STATE OF ILLINOIS
-1487- LRB9101253EGfg
1 FOR ROAD OR PUBLIC HIGHWAY PURPOSES), IN COOK COUNTY,
2 ILLINOIS;
3 (63) for a period of 24 months after the effective
4 date of this amendatory Act of 1998 by the City of Peru
5 for removal of existing residential deed restrictions on
6 the use of property, and the rights of other property
7 owners in the subdivision to enforce those restrictions,
8 as they apply to lots 10, 11, 12, 13, 14, 15, and 16 in
9 Urbanowski's Subdivision to the City of Peru, all of
10 which are owned by the Illinois Valley Community Hospital
11 and adjacent to the existing hospital building, for the
12 limited purpose of allowing the Illinois Valley Community
13 Hospital to expand its hospital facility, including
14 expansion for needed emergency room and outpatient
15 services; under this paragraph (62) compensation shall be
16 paid to those other property owners for the removal of
17 their rights to enforce the residential deed restrictions
18 on property owned by the Illinois Valley Community
19 Hospital, but no real estate owned by those other
20 property owners may be taken;
21 (64) for a period of 3 years after the effective
22 date of this amendatory Act of 1998, by the Village of
23 South Barrington for the acquisition of land and
24 temporary and permanent easements for the purposes of
25 construction and maintenance of sewerage facilities and
26 sewerage transmission pipes along an area not to exceed
27 100 feet north of the Northwest Tollway between
28 Barrington Road and Route 72;
29 (65) for a period of 18 months after the effective
30 date of this amendatory Act of 1998, by the Village of
31 Northlake for the acquisition of the following described
32 property for stormwater management and public recreation
33 purposes:
34 LOT 10 IN BLOCK 7 IN TOWN MANOR SUBDIVISION OF THE
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1 NORTH 100 ACRES OF THE NORTH EAST 1/4 OF SECTION 5,
2 TOWNSHIP 39 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL
3 MERIDIAN, IN COOK COUNTY, ILLINOIS.
4 Commonly known as 315 E. Morse Drive, Northlake,
5 Illinois, 60164;
6 LOT 17 IN BLOCK 2 IN MIDLAND DEVELOPMENT COMPANY'S
7 NORTHLAKE VILLAGE, A SUBDIVISION OF THE NORTH HALF OF THE
8 NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 39 NORTH, RANGE
9 12, EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT THE
10 SOUTH 208.7 FEET OF THE WEST 208.7 FEET EAST OF WOLF ROAD
11 OF THE NORTH HALF OF THE NORTHWEST QUARTER, AFORESAID),
12 IN COOK COUNTY, ILLINOIS.
13 PIN: 15-05-115-001
14 Commonly known as 101 S. Wolf Road, Northlake,
15 Illinois, 60164;
16 (66) for a period of 48 months after the effective
17 date of this amendatory Act of 1998, by the City of
18 Carbondale, for the acquisition of property bounded by
19 the following lines for the Mill Street Underpass Project
20 (which is part of the Carbondale Railroad Relocation
21 Project): a line 300 feet west of the centerline of
22 Thompson Street; a line 100 feet east of the centerline
23 of Wall Street; a line 700 feet north of the centerline
24 of College Street; and the centerline of Grand Avenue;
25 (67) for a period of 3 years after the effective
26 date of this amendatory Act of 1998 by the Village of
27 Round Lake Park in Lake County for acquisition of
28 temporary construction easements and permanent easement
29 corridors for providing off-site water and sewer service
30 for the Alter Business Park, generally described as
31 follows:
32 Commencing at the Joint Action Water Agency (JAWA)
33 facility on the south side of Winchester Road (County
34 Route A34) and west of Midlothian Road, the proposed
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1 public water line will be located in the Winchester Road
2 (County Route A34) right-of-way or immediately adjacent
3 to the right-of-way from the JAWA facility west to
4 Illinois State Route 83. The water line will then extend
5 under Illinois State Route 83 and continue in the
6 Winchester Road (County Route A34) right-of-way or
7 immediately adjacent to the right-of-way as it extends
8 westerly from Illinois State Route 83 to the proposed
9 pump station and delivery structure at the most southerly
10 west property line of the Alter property located south of
11 Peterson Road (County Route A33) and west of Illinois
12 State Route 83. Also, the proposed public water line will
13 be located in the Peterson Road (County Route A33)
14 right-of-way or immediately adjacent to the right-of-way
15 from Illinois State Route 83 west to the westerly
16 property line of the Alter property, which property line
17 lies approximately 2600' west of Alleghany Road (County
18 Route V68).
19 The proposed sanitary sewer route will commence at a
20 location on Fairfield Road (County Route V61) north of
21 Illinois State Route 134 at the Lake County Interceptor
22 (which ultimately extends into the Fox Lake Sanitary
23 District System); the route of the sanitary sewer will
24 continue south of Illinois State Route 134 in the
25 right-of-way of Fairfield Road (County Route V61) or
26 immediately adjacent thereto from its extension north of
27 Illinois State Route 134 to its intersection with
28 Townline Road. The sanitary sewer will then extend east
29 in the right-of-way of Townline Road or immediately
30 adjacent thereto to its intersection with Bacon Road. The
31 sanitary sewer will then extend in the Bacon Road
32 right-of-way line or immediately adjacent thereto
33 continuing in a southeasterly direction until its
34 intersection with Illinois State Route 60. The sanitary
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1 line will then extend in the Illinois State Route 60
2 right-of-way by permit or immediately adjacent thereto
3 continuing easterly along said right-of-way to the point
4 of intersection with Peterson Road (County Route A33).
5 The sanitary line will then continue easterly in the
6 right-of-way of Peterson Road (County Route A33) or
7 immediately adjacent thereto to the point of intersection
8 with Alleghany Road (County Route V68) and then will
9 extend within the Alter property;
10 (68) For a period of 3 years after the effective
11 date of this amendatory Act of 1998, by the Village of
12 Rosemont for redevelopment purposes, including
13 infrastructure improvements, construction of streets,
14 stormwater facilities, and drainage areas, and flood
15 plain improvements, for the acquisition of property
16 described as follows:
17 That part of the Northwest Quarter and that part of
18 the Southwest Quarter of Section 3, Township 40 North,
19 Range 12, East of the Third Principal Meridian, and being
20 more particularly described as follows:
21 Beginning at the point of intersection of the west
22 right-of-way line of River Road (as shown on the plat of
23 subdivision for Gerhart Huehl Estates Division per
24 document number 4572711) and the southerly line of Lot 7
25 in said Gerhart Huehl Estates Division; thence north 14
26 degrees 38 minutes 19 seconds west, along the aforesaid
27 west right-of-way of River Road, to the point of
28 intersection with a line drawn 490.0 feet south of and
29 parallel to the north line of Lot 3 in the said Gerhart
30 Huehl Estates Division; thence north 89 degrees 07
31 minutes 41 seconds west, along the previously described
32 parallel line 554.77 feet to the point, said point being
33 540.00 feet east of the easterly right-of-way line of
34 Schafer Court (Schafer Court being an unrecorded
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1 roadway); thence, north 0 degrees 00 minutes 00 seconds
2 east, 284.12 feet to the point of intersection with south
3 line of the aforesaid Lot 3 (said south line also being
4 the north line of Lot 6 in Gerhart Huehl Estates
5 Division); thence north 89 degrees 04 minutes 45 seconds
6 west, along the said south line of Lot 3, 478.29 feet to
7 the point of intersection with the aforesaid easterly
8 right-of-way line of Schafer Court; thence south 12
9 degrees 16 minutes 34 seconds west, along the said
10 easterly right-of-way line, 312.83 feet; thence south 18
11 degrees 09 minutes 05 seconds west, continuing along the
12 said easterly right-of-way line, 308.16 feet to the point
13 of intersection with the northerly right-of-way line of
14 Higgins Road as dedicated per document number 11056708;
15 thence, north 66 degrees 43 minutes 09 seconds west along
16 said northerly right-of-way line of Higgins Road to the
17 easterly right-of-way of the Northwest Toll Road; thence
18 southerly along said easterly right-of-way of the
19 Northwest Toll Road to the southerly right-of-way of
20 Maple Avenue extended westerly; thence easterly along
21 said southerly right-of-way line of Maple Avenue
22 (recorded as Bock Avenue) to the easterly right-of-way
23 line of Gage Street; thence northerly along said easterly
24 right-of-way line of Gage Street to the southerly line of
25 Lot 2 in River Rose Subdivision Unit 2 per document
26 number 19594706; thence easterly along the southerly line
27 of said Lot 2 in River Rose Subdivision Unit Number 2 and
28 said southerly line extended easterly to the easterly
29 right-of-way line of Glen Lake Drive (as dedicated in
30 River Rose Subdivision per Document Number 19352146 and
31 dedicated as Willow Creek Drive); thence southwesterly
32 along said easterly right-of-way line to the northwest
33 corner of Lot 1 in said River Rose Subdivision; thence
34 south 59 degrees 08 minutes 47 seconds east, along the
-1492- LRB9101253EGfg
1 northerly lines of Lots 1 through 13 (both inclusive) in
2 the said River Rose subdivision, 757.48 feet to the most
3 northeasterly corner of said Lot 13; thence south 11
4 degrees 05 minutes 25 seconds west, along the easterly
5 line of said lot 13 in said River Rose Subdivision, 14.08
6 feet to the northerly line of Glen J. Nixon's subdivision
7 as per document 19753046; thence easterly along said
8 northerly line, 237.43 feet to the westerly right-of-way
9 of said Des Plaines River Road;
10 Thence southerly along said westerly right-of-way of
11 Des Plaines River Road to the southerly line of the
12 Northerly 90 feet of Lot 2 in said Glen J. Nixon's
13 subdivision; thence westerly along said southerly line to
14 the westerly line of said Glen J. Nixon's subdivision;
15 thence southerly along the said westerly line of Glen J.
16 Nixon's subdivision to the southerly right-of-way of an
17 unrecorded roadway; thence south 70 degrees 43 minutes 16
18 seconds west, along the southerly line of the unrecorded
19 roadway, 108.23 feet; thence continuing along the
20 southerly right-of-way of the unrecorded roadway, 95.34
21 feet along an arc of a circle whose radius is 110.00 feet
22 and being convex to the south; thence north 56 degrees 32
23 minutes 25 seconds west, continuing along the southerly
24 right-of-way of the said unrecorded roadway, 216.00 feet
25 to the southwest corner of said Glen Lake Drive as
26 dedicated in the aforesaid River Rose subdivision; thence
27 north 59 degrees 10 minutes 12 seconds west, along the
28 southerly right-of-way of said Glen Lake Drive, 327.48
29 feet, to the point of intersection with east line of Lot
30 8 in Block 1 in Higgins Road Ranchettes Subdivision per
31 Document Number 13820089; thence northerly along the east
32 line of said Lot 8, 97.24 feet to a point; said point
33 being 66.00 feet south of the northeast corner of said
34 Lot 8; thence north 89 degrees 36 minutes 54 seconds
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1 west, along a line which is 66.00 feet south of and
2 parallel to the north line of Lots 3, 4, 5, 6, 7, and 8
3 in said Higgins Road Ranchettes Subdivision (said
4 parallel line also being the south line of an unrecorded
5 street known as Glenlake Street), 621.61 feet to the
6 point of intersection with the northeasterly right-of-way
7 line of Toll Road; the next four courses being along the
8 said northeasterly right-of-way line of the Toll Road;
9 thence south 21 degrees 28 minutes 12 seconds east,
10 219.81 feet; thence south 34 degrees 29 minutes 34
11 seconds east, 261.77 feet; thence south 52 degrees 02
12 minutes 04 seconds east, 114.21 feet; thence south 52
13 degrees 07 minutes 21 seconds east to the westerly line
14 (extended northerly) of Lots 83 through 87 inclusive in
15 Frederick H. Bartlett's River View Estates recorded as
16 Document Number 853426 in Cook County; thence southerly
17 along said westerly line to the southerly right-of-way
18 line of Thorndale Avenue; thence easterly along said
19 southerly right-of-way line of Thorndale Avenue 14.65
20 feet; thence southerly along a line parallel with the
21 said westerly line of Lots 83 through 87 inclusive and
22 14.38 feet easterly, 139.45 feet; thence southwesterly
23 along a line which ends in the southerly line of said Lot
24 84 extended westerly, 85.35 feet westerly from the
25 southwest corner of said Lot 84; thence easterly along
26 said southerly line to the westerly right-of-way of Des
27 Plaines River Road; thence northerly along said westerly
28 right-of-way line to the said northerly line of the Toll
29 Road; thence south 52 degrees 07 minutes 21 seconds east,
30 along said right-of-way to the centerline of said Des
31 Plaines River Road; thence south 11 degrees 06 minutes 48
32 seconds west, along said centerline, 1.47 feet; thence
33 south 55 degrees 56 minutes 09 seconds east, continuing
34 along the said northeasterly right-of-way line of the
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1 Toll Road (said line also being the south line of Lot 1
2 in Rosemont Industrial Center per Document Number
3 20066369), 411.98 feet; thence south 61 degrees 51
4 minutes 06 seconds east, continuing along the said
5 northeasterly right-of-way line of the Toll Road (said
6 line also being along the south line of Lots 1, 2, and 5
7 in said Rosemont Industrial Center), 599.13 feet to the
8 southeast corner of said Lot 5; thence north 12 degrees
9 45 minutes 47 seconds east, along the east lines of Lots
10 3 and 5 in said Rosemont Industrial Center, 424.40 feet;
11 thence north 33 degrees 51 minutes 39 seconds east, along
12 the east lines of Lots 3 and 4 in the said Rosemont
13 Industrial Center, 241.42 feet to the northeast corner of
14 said Lot 4; thence north 33 degrees 51 minutes 40 seconds
15 east, 189.38 feet to the center of said Section 3; thence
16 north 2 degrees 42 minutes 55 seconds east, along the
17 east line of the northwest quarter of said Section 3,
18 375.90 feet to the point of intersection with the south
19 line of Higgins Road, as widened per Document Number
20 11045055; the next three courses being along the said
21 south right-of-way line of Higgins Road; thence north 64
22 degrees 30 minutes 51 seconds west, 53.65 feet; thence
23 northwesterly, 436.47 feet along an arc of a circle whose
24 radius is 1,482.69 feet and being convex to the
25 southwest; thence north 47 degrees 57 minutes 51 seconds
26 west, 73.57 feet; thence northeasterly, along an arc of a
27 circle whose radius is 5,679.65 feet and being convex to
28 the northeast, to a point of intersection of said
29 southerly right-of-way of Higgins Road and the
30 southeasterly line of the land conveyed to James H. Lomax
31 by Document Number 1444990; thence northeasterly along
32 said southeasterly line extended, 197 feet to the center
33 line of the Des Plaines River; thence north 49 degrees 11
34 minutes 20 seconds west 325.90 feet; thence continuing in
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1 the said center line of the Des Plaines River, north 27
2 degrees 56 minutes 17 seconds west 370.53 feet; thence
3 north 12 degrees 10 minutes 40 seconds east, 16.0 feet;
4 thence southwesterly along said southeasterly line of Lot
5 7 extended in Gerhart Huehl Estates Division, to said
6 place of beginning;
7 Plus,
8 That part of the West half of the Northwest quarter
9 of Section 3, Township 40 North, Range 12 East of the
10 Third Principal Meridian, in Cook County, Illinois,
11 described as follows:
12 Beginning at the intersection of the South line of
13 Devon Avenue with the East line of Shafer Court being a
14 point 281.01 feet East of the West line of the
15 aforementioned West half of the Northwest quarter of
16 Section 33; thence Southerly along the East line of said
17 Shafer Court, 193.91 feet to the South line of Lot 3 in
18 Gerhart Huehl Estate Division according to the plat
19 thereof recorded June 3, 1910, as Document 4572711, being
20 a point 241.74 feet East of the aforementioned West half
21 of the Northwest quarter of Section 33; thence East along
22 the South line of said Lot 3, a distance of 508.5 feet to
23 a point 487.69 feet West of the centerline of River Road;
24 thence continuing easterly along the last described line
25 as extended to the west line of River Road; thence
26 northerly along the west line of River Road to the South
27 line of Devon Avenue; thence westerly along the south
28 line of Devon Avenue to the point of beginning;
29 Plus,
30 That part of the Southwest quarter of Section 3,
31 Township 40 North, Range 12 East of the Third Principal
32 Meridian, in Cook County, Illinois, described as follows:
33 Beginning at the Southeast corner of Rosemont
34 Industrial Center, being a subdivision recorded February
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1 17, 1967 as Document 20066369; thence Northwesterly along
2 the South line of Rosemont Industrial Center aforesaid,
3 and said South line extended to the Westerly line of
4 River Road to the South; thence Southwesterly along said
5 Westerly line, to the North line of Interstate 290;
6 thence Easterly along said North line, to the West line
7 of property owned by the Forest Preserve; thence along
8 and then Northerly along the irregular West line of
9 property owned by the Forest Preserve and extended across
10 the Interstate 290 right-of-way, to the point of
11 beginning;
12 Plus,
13 The Northerly 90 feet of Lot 2 in Glen J. Nixon's
14 Subdivision of part of Lot 15 in Assessor's Division of
15 part of Section 3, Township 40 North, Range 12, East of
16 the Third Principal Meridian, according to the plat
17 thereof recorded March 1, 1966 as Document 19753046, in
18 Cook County, Illinois, (except therefrom that part used
19 for River Road), all in Cook County.
20 AREA 1:
21 That part of the South West Quarter of Section 33,
22 Township 41 North, Range 12 East of the third Principal
23 Meridian, lying North of a line 575 feet north (measured
24 at 90 degrees) of the South line of said South West
25 Quarter, lying West of a line 451.45 feet East (measured
26 at 90 degrees) of the West line of said South West
27 Quarter and South of the center line of Higgins Road
28 (except parts taken or used for highway purposes,
29 including the land taken by condemnation in Case No. 65 L
30 8179 Circuit Court of Cook County, Illinois, described as
31 follows: That part of the South West Quarter of Section
32 33, Township 41 North, Range 12 East of the Third
33 Principal Meridian, bounded and described as follows:
34 Beginning at a point of intersection of the center line
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1 of Higgins Road, as now located and established with the
2 West line of the South West Quarter of said Section 33;
3 thence South along said West line of the South West
4 Quarter of said Section, a distance of 560.2 feet to a
5 point in the North line of the South 575.0 feet of said
6 South West Quarter of said Section 33; thence East along
7 said North line of the South 575.0 feet of the South West
8 Quarter of said Section 33, a distance of 45.0 feet to a
9 point; thence Northeasterly in a straight line a distance
10 of 179.27 feet to a point, distance 50.0 feet East,
11 measured at right angles from the West line of the South
12 West Quarter of said Section 33; thence Northeasterly in
13 a straight line a distance of 187.38 feet to a point,
14 distant 62.0 feet East, measured at right angles from
15 said West line of the South West Quarter of said Section
16 33; thence North parallel with the said West line of the
17 South West Quarter of said Section 33 a distance of 44.74
18 feet to a point of curvature; thence Northeasterly along
19 a curved line, concave to the Southeast, having a radius
20 of 50.0 feet and a central angle of 107 degrees 28
21 minutes, a distance of 93.73 feet to a point of tangency,
22 distant 50.0 feet Southwest measured at right angles from
23 the center line of Higgins Road; thence Southeasterly
24 parallel with the center line of Higgins Road, a distance
25 of 345.09 feet to a point on a line distant, 16.0 feet
26 west of the east line of the west 467.34 feet of the
27 South West Quarter of said Section 33; thence North in a
28 straight line a distance of 58.71 feet to a point on said
29 center line of Higgins Road; thence Northwesterly along
30 said center line of Higgins Road a distance of 478.23
31 feet to the place of beginning) in Cook County, Illinois.
32 AREA 2:
33 That part of the South West 1/4 of Section 33,
34 Township 41 North, Range 12, East of the Third Principal
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1 Meridian, lying West of the West Right of Way Line of the
2 Minneapolis, St. Paul and Sault Ste. Marie Railroad
3 (formerly the Chicago and Wisconsin Railroad) and South
4 of the center line of Higgins Road (except therefrom the
5 South 200 feet of the West 467.84 feet of said South West
6 1/4 and also excepting therefrom that part of said South
7 West 1/4 lying North of the North line of the South 575
8 feet of said South West 1/4 and West of a line 16 feet
9 West of and parallel with the West line of the Tract of
10 land described in a Deed dated May 22, 1929, and recorded
11 July 9, 1929, as Document Number 10422646 (the Tract
12 described in said Deed being the East 10 acres of that
13 part of the South West 1/4 of Section 33, Township 41
14 North, Range 12, East of the Third Principal Meridian,
15 lying South of the Center line of Higgins Road and West
16 of the West line extended North to the center of said
17 Higgins Road of the East 20.62 chains of the North West
18 1/4 of Section 4, Township 40 North, Range 12, East of
19 the Third Principal Meridian (excepting therefrom the
20 right of way of the Minneapolis, St. Paul and Sault Ste.
21 Marie Railroad, formerly the Chicago and Wisconsin
22 Railroad) and also excepting the South 50 feet of the
23 said South West 1/4 lying East of the West 467.84 feet
24 thereof) and also excepting that portion of the land
25 condemned for the widening of Higgins Road and Mannheim
26 Road in Case Number 65 L7109, in Cook County, Illinois.
27 AREA 3:
28 The North 150 feet of the South 200 feet of that
29 part of the South West 1/4 of Section 33, Township 41
30 North, Range 12 East of the Third Principal Meridian
31 (except the East 10 acres conveyed by George
32 Deamantopulas and others, to Krowka by Document 10422646)
33 lying South of the Center of Higgins Road (so called) and
34 West of the West line extended North to center of Higgins
-1499- LRB9101253EGfg
1 Road of East 20.62 chains in the North West 1/4 of
2 Section 4, Township 40 North, Range 12 East of the Third
3 Principal Meridian (except the Right of Way of Chicago
4 and Wisconsin Railroad) in Cook County, Illinois.
5 AREA 4:
6 That part of the Southwest quarter of Section 33,
7 Township 41 North, Range 12 East of the Third Principal
8 Meridian, in Cook County, Illinois, described as follows:
9 Beginning at the intersection of the South line of
10 the Southwest quarter of Section 33 aforesaid with the
11 West line, extended South, of Lot 7 in Frederick H.
12 Bartlett's Higgins Road Farms, being a subdivision
13 recorded December 8, 1938 as Document 12246559; thence
14 North along the aforementioned West line of Lot 7, to the
15 center line of Higgins Road; thence Westerly along the
16 center line of Higgins Road, to the Westerly right-of-way
17 line of the Minneapolis, St. Paul and Sault Ste. Marie
18 Railroad; thence Southerly along said Westerly
19 right-of-way line, to the South line of the Southwest
20 quarter of Section 33 aforesaid; thence East along said
21 South line to the point of beginning.
22 Area 5
23 The North 195.00 feet of the west 365.67 feet of the
24 West 1/2 of the Northeast 1/4 of Section 4, Township 40
25 North, Range 12 East of the Third Principal Meridian.
26 And also
27 The north 50.00 feet of the East 1/2 of the
28 Northwest 1/4 of said Section 4 (except that part lying
29 westerly of the easterly right-of-way line of the
30 Wisconsin Central Railroad, formerly known as the
31 Minneapolis, St. Paul and Sault Ste. Marie Railroad), the
32 east 40.00 feet of the north 195.00 feet except the north
33 50.00 feet thereof of said East 1/2, and all that part of
34 said East 1/2 described as follows: Beginning at the
-1500- LRB9101253EGfg
1 northwest corner of Origer and Davis' Addition to
2 Rosemont, being a subdivision of part of said 1/4 Section
3 according to the plat thereof recorded May 27, 1963 as
4 Document Number 18807143, in Cook County, Illinois;
5 thence westerly along the northerly line of said
6 Subdivision extended westerly to said easterly Railroad
7 right-of-way line; thence northwesterly along said
8 right-of-way line to the southerly line of north 50.00
9 feet of said 1/4 Section; thence easterly along said
10 southerly line to the easterly right-of-way line of
11 Kirschoff Avenue; thence southerly along said
12 right-of-way line to its intersection with the southerly
13 line of Schullo's Resubdivision extended easterly, said
14 Resubdivision being a Resubdivision of part of said 1/4
15 section according to the plat thereof recorded June 17,
16 1960 as Document Number 17885160 in Cook County,
17 Illinois; thence westerly along said southerly line
18 extended and said southerly line to the southwest corner
19 of said Resubdivision; thence northwesterly along the
20 westerly line of said Resubdivision to the northwest
21 corner thereof; thence westerly along the northerly line
22 of said Resubdivision extended westerly to a line
23 parallel with and 40.00 feet easterly of the easterly
24 right-of-way line of said Railroad; thence northwesterly
25 along said parallel line to said point of beginning.
26 And also
27 That part of the Southwest 1/4 of Section 33,
28 Township 41 North, Range 12 East of the Third Principal
29 Meridian lying southerly of the centerline of Higgins
30 Road and easterly of a north line parallel to the south
31 line of said 1/4 Section, beginning 565.84 feet west of
32 the northeast corner of the Northwest 1/4 of Section 4,
33 Township 40 North, Range 12 East of the Third Principal
34 Meridian all in Cook County, Illinois.
-1501- LRB9101253EGfg
1 That part of the Southwest quarter of Section 3, the
2 Southeast quarter of Section 4, the Northeast quarter of
3 Section 9, and the Northwest quarter of Section 10,
4 Township 40 North, Range 12 East of the Third Principal
5 Meridian, in the Village of Rosemont, Cook County,
6 Illinois, described as follows:
7 Beginning in the West half of the Northeast quarter
8 of Section 9 aforesaid, at the intersection of the South
9 line of 61st Street with the Easterly right of way line
10 of the Minneapolis, St. Paul and Sault Ste. Marie
11 Railroad right-of-way; thence East along the South line
12 of 61st Street and its Easterly extension, to the East
13 line of Pearl Street; thence North along the East line of
14 Pearl Street to the South line of 62nd Street; thence
15 East along the South line of 62nd Street to the Westerly
16 right-of-way line of the Illinois State Toll Road; thence
17 Southerly along the Westerly right-of-way line of the
18 Toll Road to a point on a Westerly extension of the South
19 line of Allen Avenue; thence East along said Westerly
20 extension, and along the South line of Allen Avenue to
21 the West line of Otto Avenue; thence South along the West
22 line of Otto Avenue to a point on a Westerly extension of
23 the North line of the South 30 feet of Lot 12 in First
24 Addition to B.L. Carlsen's Industrial Subdivision, being
25 a Resubdivision in the Northeast quarter of Section 9
26 aforesaid, according to the plat thereof recorded March
27 5, 1962 as Document 18416079; thence East along said
28 Westerly extension, and along the aforementioned North
29 line of the South 30 feet of Lot 12, to the East line of
30 Lot 12; thence North along the East line of Lot 12, being
31 also the East line of the Northeast quarter of Section 9,
32 to the North line of Owner's Division of parts of Lots 4
33 and 5 of Henry Hachmeister's Division, in the Northwest
34 quarter of Section 10, aforesaid, according to the plat
-1502- LRB9101253EGfg
1 thereof recorded April 25, 1949 as Document 14539019;
2 thence East along the North line of said Owner's Division
3 to the West line of Lot 3 in said Owner's Division;
4 thence South along the West line of Lot 3 to the
5 Southwest corner thereof; thence East along the South
6 line of Lot 3 to the Northwest corner of Lot 4 in said
7 Owner's Division; thence South along the West line of Lot
8 4 to the Southwest corner thereof; thence East along the
9 South line of Lot 4, and said South line extended
10 Easterly, to the Easterly right of way line of River
11 Road; thence Northerly along the Easterly line of River
12 Road to the South line of Crossroads Industrial Park,
13 being a Subdivision in the Northwest quarter of Section
14 10 aforesaid, according to the plat thereof recorded
15 August 8, 1957 as Document 16980725; thence East along
16 the South line of said Crossroads Industrial Park to the
17 Southeast corner thereof; thence Northeasterly along the
18 Easterly line of said Crossroads Industrial Park, and
19 said Easterly line extended, to the North line of Bryn
20 Mawr Avenue, in the Southwest quarter of Section 3
21 aforesaid; thence Northerly along the Westerly line of
22 the Forest Preserve District of Cook County, to the
23 Southerly right-of-way line of the Kennedy Expressway,
24 thence west along and following the southerly
25 right-of-way line of the Kennedy Expressway to the
26 Easterly right-of-way line of the Minneapolis, St. Paul,
27 and Sault Ste. Marie Railroad right-of-way; thence
28 Southeasterly along said Easterly right-of-way line to
29 the point of beginning;
30 (69) for a period of one year after the effective
31 date of this amendatory Act of 1998, by the City of
32 Evanston for the acquisition for redevelopment purposes
33 of the real property legally described as:
34 Lots 5 and 6 in Dempster's Subdivision of Block
-1503- LRB9101253EGfg
1 66 in the Village (now City) of Evanston in the
2 South West 1/4 of Section 18, Township 41 North,
3 Range 14 East of the Third Principal Meridian, in
4 Cook County, Illinois and commonly known as 906-08
5 Church Street, Evanston, Illinois; and
6 Lots 7, 8, 9, 10, 11, and 12 in Dempster's
7 Subdivision of Block 66 in Village (now City) of
8 Evanston, in the South West 1/4 of Section 18,
9 Township 41 North, Range 14 East of the Third
10 Principal Meridian, in Cook County, Illinois and
11 commonly known as 910-926 Church Street, Evanston,
12 Illinois.
13 (58) for a period from the effective date of this
14 amendatory Act of 1998 to August 30, 2000, by the
15 Southwestern Illinois Development Authority pursuant to
16 the Southwestern Illinois Development Authority Act for a
17 project as defined in Section 3 of that Act.
18 (b) In a proceeding subject to this Section, the
19 plaintiff, at any time after the complaint has been filed and
20 before judgment is entered in the proceeding, may file a
21 written motion requesting that, immediately or at some
22 specified later date, the plaintiff either be vested with the
23 fee simple title (or such lesser estate, interest or
24 easement, as may be required) to the real property, or
25 specified portion thereof, which is the subject of the
26 proceeding, and be authorized to take possession of and use
27 such property; or only be authorized to take possession of
28 and to use such property, if such possession and use, without
29 the vesting of title, are sufficient to permit the plaintiff
30 to proceed with the project until the final ascertainment of
31 compensation; however, no land or interests therein now or
32 hereafter owned, leased, controlled or operated and used by,
33 or necessary for the actual operation of, any common carrier
34 engaged in interstate commerce, or any other public utility
-1504- LRB9101253EGfg
1 subject to the jurisdiction of the Illinois Commerce
2 Commission, shall be taken or appropriated hereunder by the
3 State of Illinois, the Illinois Toll Highway Authority, the
4 sanitary district, the St. Louis Metropolitan Area Airport
5 Authority or the Board of Trustees of the University of
6 Illinois without first securing the approval of such
7 Commission.
8 Except as hereinafter stated, the motion for taking shall
9 state: (1) an accurate description of the property to which
10 the motion relates and the estate or interest sought to be
11 acquired therein; (2) the formally adopted schedule or plan
12 of operation for the execution of the plaintiff's project;
13 (3) the situation of the property to which the motion
14 relates, with respect to the schedule or plan; (4) the
15 necessity for taking such property in the manner requested in
16 the motion; and (5) if the property (except property
17 described in Section 3 of the Sports Stadium Act, or property
18 described as Site B in Section 2 of the Metropolitan Pier and
19 Exposition Authority Act) to be taken is owned, leased,
20 controlled or operated and used by, or necessary for the
21 actual operation of, any interstate common carrier or other
22 public utility subject to the jurisdiction of the Illinois
23 Commerce Commission, a statement to the effect that the
24 approval of such proposed taking has been secured from such
25 Commission, and attaching to such motion a certified copy of
26 the order of such Commission granting such approval. If the
27 schedule or plan of operation is not set forth fully in the
28 motion, a copy of such schedule or plan shall be attached to
29 the motion.
30 (Source: P.A. 89-29, eff. 6-23-95; 89-134, eff. 7-14-95;
31 89-343, eff. 8-17-95; 89-356, eff. 8-17-95; 89-445, eff.
32 2-7-96; 89-460, eff. 5-24-96; 89-494, eff. 6-21-96; 89-502,
33 eff. 6-28-96; 89-504, eff. 6-28-96; 89-592, eff. 8-1-96;
34 89-626, eff. 8-9-96; 89-683, eff. 6-1-97; 89-699, eff.
-1505- LRB9101253EGfg
1 1-16-97; 90-6, eff. 6-3-97; 90-14, eff. 7-1-97; 90-232, eff.
2 7-25-97; 90-370, eff. 8-14-97; 90-581, eff. 5-22-98; 90-655,
3 eff. 7-30-98; 90-663, eff. 7-30-98.)
4 (735 ILCS 5/7-103.1 new)
5 Sec. 7-103.1. Quick-take; highway purposes. Quick-take
6 proceedings under Section 7-103 may be used by the State of
7 Illinois, the Illinois Toll Highway Authority or the St.
8 Louis Metropolitan Area Airport Authority for the acquisition
9 of land or interests therein for highway purposes.
10 (735 ILCS 5/7-103.3 new)
11 Sec. 7-103.3. Quick-take; coal development purposes.
12 Quick-take proceedings under Section 7-103 may be used by the
13 Department of Commerce and Community Affairs for the purpose
14 specified in the Illinois Coal Development Bond Act.
15 (735 ILCS 5/7-103.5 new)
16 Sec. 7-103.5. Quick-take; St. Louis Metropolitan Area
17 Airport Authority purposes. Quick-take proceedings under
18 Section 7-103 may be used for the purpose specified in the
19 St. Louis Metropolitan Area Airport Authority Act.
20 (735 ILCS 5/7-103.6 new)
21 Sec. 7-103.6. Quick-take; Southwestern Illinois
22 Development Authority purposes. Quick-take proceedings under
23 Section 7-103 may be used for a period of 24 months after May
24 24, 1996, by the Southwestern Illinois Development Authority
25 pursuant to the Southwestern Illinois Development Authority
26 Act.
27 (735 ILCS 5/7-103.7 new)
28 Sec. 7-103.7. Quick-take; Quad Cities Regional Economic
29 Development Authority purposes. Quick-take proceedings under
-1506- LRB9101253EGfg
1 Section 7-103 may be used for a period of 3 years after
2 December 30, 1987, by the Quad Cities Regional Economic
3 Development Authority (except for the acquisition of land or
4 interests therein that is farmland, or upon which is situated
5 a farm dwelling and appurtenant structures, or upon which is
6 situated a residence, or which is wholly within an area that
7 is zoned for residential use) pursuant to the Quad Cities
8 Regional Economic Development Authority Act.
9 (735 ILCS 5/7-103.8 new)
10 Sec. 7-103.8. Quick-take; Metropolitan Water Reclamation
11 District purposes. Quick-take proceedings under Section
12 7-103 may be used by a sanitary district created under the
13 Metropolitan Water Reclamation District Act for the
14 acquisition of land or interests therein for purposes
15 specified in that Act.
16 (735 ILCS 5/7-103.9 new)
17 Sec. 7-103.9. Quick-take; rail carriers. Quick-take
18 proceedings under Section 7-103 may be used by a rail carrier
19 within the time limitations and subject to the terms and
20 conditions set forth in Section 18c-7501 of the Illinois
21 Vehicle Code.
22 (735 ILCS 5/7-103.10 new)
23 Sec. 7-103.10. Quick-take; water commissions.
24 Quick-take proceedings under Section 7-103 may be used for a
25 period of 18 months after January 26, 1987, for the purpose
26 specified in Division 135 of Article 11 of the Illinois
27 Municipal Code, by a commission created under Section 2 of
28 the Water Commission Act of 1985.
29 (735 ILCS 5/7-103.11 new)
30 Sec. 7-103.11. Quick-take; refuse-derived fuel system
-1507- LRB9101253EGfg
1 purposes. Quick-take proceedings under Section 7-103 may be
2 used by a village containing a population of less than 15,000
3 for the purpose of acquiring property to be used for a refuse
4 derived fuel system designed to generate steam and
5 electricity, and for industrial development that will utilize
6 such steam and electricity, pursuant to Section 11-19-10 of
7 the Illinois Municipal Code.
8 (735 ILCS 5/7-103.12 new)
9 Sec. 7-103.12. Quick-take; certain municipal purposes.
10 Quick-take proceedings under Section 7-103 may be used after
11 receiving the prior approval of the City Council, by a
12 municipality having a population of more than 500,000 for the
13 purposes set forth in Section 11-61-1a and Divisions 74.2 and
14 74.3 of Article 11 of the Illinois Municipal Code, and for
15 the same purposes when established pursuant to home rule
16 powers.
17 (735 ILCS 5/7-103.13 new)
18 Sec. 7-103.13. Quick-take; enterprise zone purposes.
19 Quick-take proceedings under Section 7-103 may be used by a
20 home rule municipality, after a public hearing held by the
21 corporate authorities or by a committee of the corporate
22 authorities and after approval by a majority of the corporate
23 authorities, within an area designated as an enterprise zone
24 by the municipality under the Illinois Enterprise Zone Act.
25 (735 ILCS 5/7-103.14 new)
26 Sec. 7-103.14. Quick-take; Illinois Sports Facilities
27 Authority purposes. Quick-take proceedings under Section
28 7-103 may be used by the Illinois Sports Facilities Authority
29 for the purpose specified in Section 12 of the Illinois
30 Sports Facilities Authority Act.
-1508- LRB9101253EGfg
1 (735 ILCS 5/7-103.15 new)
2 Sec. 7-103.15. Quick-take; sports stadium purposes.
3 Quick-take proceedings under Section 7-103 may be used by a
4 municipality having a population of more than 2,000,000 for
5 the purpose of acquiring the property described in Section 3
6 of the Sports Stadium Act.
7 (735 ILCS 5/7-103.16 new)
8 Sec. 7-103.16. Quick-take; University of Illinois.
9 Quick-take proceedings under Section 7-103 may be used for a
10 period of 18 months after July 29, 1986, in any proceeding by
11 the Board of Trustees of the University of Illinois for the
12 acquisition of land in Champaign County or interests therein
13 as a site for a building or for any educational purpose.
14 (735 ILCS 5/7-103.17 new)
15 Sec. 7-103.17. Quick-take; industrial harbour port.
16 Quick-take proceedings under Section 7-103 may be used for a
17 period of 2 years after July 1, 1990, by a home rule
18 municipality and a county board, upon approval of a majority
19 of the corporate authorities of both the county board and the
20 municipality, within an area designated as an enterprise zone
21 by the municipality and the county board through an
22 intergovernmental agreement under the Illinois Enterprise
23 Zone Act, when the purpose of the condemnation proceeding is
24 to acquire land for the construction of an industrial harbor
25 port, and when the total amount of land to be acquired for
26 that purpose is less than 75 acres and is adjacent to the
27 Illinois River.
28 (735 ILCS 5/7-103.18 new)
29 Sec. 7-103.18. Quick-take; airport authority purposes.
30 Quick-take proceedings under Section 7-103 may be used by an
31 airport authority located solely within the boundaries of
-1509- LRB9101253EGfg
1 Madison County, Illinois, and which is organized pursuant to
2 the provisions of the Airport Authorities Act, (i) for the
3 acquisition of 160 acres, or less, of land or interests
4 therein for the purposes specified in that Act which may be
5 necessary to extend, mark, and light runway 11/29 for a
6 distance of 1600 feet in length by 100 feet in width with
7 parallel taxiway, to relocate and mark County Highway 19,
8 Madison County, known as Moreland Road, to relocate the
9 instrument landing system including the approach lighting
10 system and to construct associated drainage, fencing and
11 seeding required for the foregoing project and (ii) for a
12 period of 6 months after December 28, 1989, for the
13 acquisition of 75 acres, or less, of land or interests
14 therein for the purposes specified in that Act which may be
15 necessary to extend, mark and light the south end of runway
16 17/35 at such airport.
17 (735 ILCS 5/7-103.19 new)
18 Sec. 7-103.19. Quick-take; Little Calumet River.
19 Quick-take proceedings under Section 7-103 may be used by any
20 unit of local government for a permanent easement for the
21 purpose of maintaining, dredging or cleaning the Little
22 Calumet River.
23 (735 ILCS 5/7-103.20 new)
24 Sec. 7-103.20. Quick-take; Salt Creek. Quick-take
25 proceedings under Section 7-103 may be used by any unit of
26 local government for a permanent easement for the purpose of
27 maintaining, dredging or cleaning the Salt Creek in DuPage
28 County.
29 (735 ILCS 5/7-103.21 new)
30 Sec. 7-103.21. Quick-take; Scott Air Force Base.
31 Quick-take proceedings under Section 7-103 may be used by St.
-1510- LRB9101253EGfg
1 Clair County, Illinois, for the development of a joint use
2 facility at Scott Air Force Base.
3 (735 ILCS 5/7-103.22 new)
4 Sec. 7-103.22. Quick-take; Village of Summit.
5 Quick-take proceedings under Section 7-103 may be used by the
6 Village of Summit, Illinois, to acquire land for a waste to
7 energy plant.
8 (735 ILCS 5/7-103.23 new)
9 Sec. 7-103.23. Quick-take; Chanute Air Force Base.
10 Quick-take proceedings under Section 7-103 may be used for a
11 period of 15 months after September 7, 1990, by the
12 Department of Transportation or by any unit of local
13 government under the terms of an intergovernmental
14 cooperation agreement between the Department of
15 Transportation and the unit of local government for the
16 purpose of developing aviation facilities in and around
17 Chanute Air Force Base in Champaign County, Illinois.
18 (735 ILCS 5/7-103.24 new)
19 Sec. 7-103.24. Quick-take; Morris Municipal Airport.
20 Quick-take proceedings under Section 7-103 may be used for a
21 period of 1 year after December 12, 1990, by the City of
22 Morris for the development of the Morris Municipal Airport.
23 (735 ILCS 5/7-103.25 new)
24 Sec. 7-103.25. Quick-take; Greater Rockford Airport
25 Authority. Quick-take proceedings under Section 7-103 may be
26 used for a period of 1 year after June 19, 1991, by the
27 Greater Rockford Airport Authority for airport expansion
28 purposes.
29 (735 ILCS 5/7-103.26 new)
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1 Sec. 7-103.26. Quick-take; Aurora Municipal Airport.
2 Quick-take proceedings under Section 7-103 may be used for a
3 period of 24 months after June 30, 1991, by the City of
4 Aurora for completion of an instrument landing system and
5 construction of an east-west runway at the Aurora Municipal
6 Airport.
7 (735 ILCS 5/7-103.27 new)
8 Sec. 7-103.27. Quick-take; Metropolitan Pier and
9 Exposition Authority purposes. Quick-take proceedings under
10 Section 7-103 may be used for the acquisition by the
11 Metropolitan Pier and Exposition Authority of property
12 described in subsection (f) of Section 5 of the Metropolitan
13 Pier and Exposition Authority Act for the purposes of
14 providing additional grounds, buildings, and facilities
15 related to the purposes of the Metropolitan Pier and
16 Exposition Authority.
17 (735 ILCS 5/7-103.28 new)
18 Sec. 7-103.28. Quick-take; road realignment. Quick-take
19 proceedings under Section 7-103 may be used for a period of
20 24 months after March 1, 1992, by the Village of Wheeling and
21 the City of Prospect Heights, owners of the Palwaukee
22 Municipal Airport, to allow for the acquisition of right of
23 way to complete the realignment of Hintz Road and Wolf Road.
24 (735 ILCS 5/7-103.29 new)
25 Sec. 7-103.29. Quick-take; Bloomington-Normal Airport
26 Authority. Quick-take proceedings under Section 7-103 may be
27 used for a period of one year from the effective date of this
28 amendatory Act of 1992, by the Bloomington-Normal Airport
29 Authority for airport expansion purposes.
30 (735 ILCS 5/7-103.30 new)
-1512- LRB9101253EGfg
1 Sec. 7-103.30. Quick-take; Lake-Cook Road. Quick-take
2 proceedings under Section 7-103 may be used for a period of
3 24 months after September 10, 1993, by the Cook County
4 Highway Department and Lake County Department of
5 Transportation to allow for the acquisition of necessary
6 right-of-way for construction of underpasses for Lake-Cook
7 Road at the Chicago Northwestern Railroad crossing, west of
8 Skokie Boulevard, and the Chicago, Milwaukee, St. Paul and
9 Pacific Railroad crossing, west of Waukegan Road.
10 (735 ILCS 5/7-103.31 new)
11 Sec. 7-103.31. Quick-take; Arcola/Tuscola Water
12 Transmission Pipeline Project. Quick-take proceedings under
13 Section 7-103 may be used for a period of one year after
14 December 23, 1993, by the City of Arcola and the City of
15 Tuscola for the development of the Arcola/Tuscola Water
16 Transmission Pipeline Project pursuant to the
17 intergovernmental agreement between the City of Arcola and
18 the City of Tuscola.
19 (735 ILCS 5/7-103.32 new)
20 Sec. 7-103.32. Quick-take; Bensenville Ditch.
21 Quick-take proceedings under Section 7-103 may be used for a
22 period of 24 months from December 23, 1993, by the Village of
23 Bensenville for the acquisition of property bounded by
24 Illinois Route 83 to the west and O'Hare International
25 Airport to the east to complete a flood control project known
26 as the Bensenville Ditch.
27 (735 ILCS 5/7-103.33 new)
28 Sec. 7-103.33. Quick-take; Medical Center Commission.
29 Quick-take proceedings under Section 7-103 may be used for a
30 period of 9 months after November 1, 1993, by the Medical
31 Center Commission for the purpose of acquiring a site for the
-1513- LRB9101253EGfg
1 Illinois State Police Forensic Science Laboratory at Chicago,
2 on the block bounded by Roosevelt Road on the north, Wolcott
3 Street on the east, Washburn Street on the south, and Damen
4 Avenue on the west in Chicago, Illinois.
5 (735 ILCS 5/7-103.34 new)
6 Sec. 7-103.34. Quick-take; White County. Quick-take
7 proceedings under Section 7-103 may be used for a period of
8 36 months after July 14, 1995, by White County for the
9 acquisition of a 3 1/2 mile section of Bellaire Road, which
10 is described as follows: Commencing at the Northwest Corner
11 of the Southeast 1/4 of Section 28, Township 6 South, Range
12 10 East of the 3rd Principal Meridian; thence South to a
13 point at the Southwest Corner of the Southeast 1/4 of Section
14 9, Township 7 South, Range 10 East of the 3rd Principal
15 Meridian.
16 (735 ILCS 5/7-103.35 new)
17 Sec. 7-103.35. Quick-take; Indian Creek Flood Control
18 Project.
19 (a) Quick-take proceedings under Section 7-103 may be
20 used for a period of one year after July 14, 1995, by the
21 City of Aurora for permanent and temporary easements except
22 over land adjacent to Indian Creek and west of Selmarten
23 Creek located within the City of Aurora for the construction
24 of Phase II of the Indian Creek Flood Control Project.
25 (b) Quick-take proceedings under Section 7-103 may be
26 used for a period beginning June 24, 1995 (the day following
27 the effective date of Public Act 89-29) and ending on July
28 13, 1995 (the day preceding the effective date of Public Act
29 89-134), by the City of Aurora for permanent and temporary
30 easements for the construction of Phase II of the Indian
31 Creek Flood Control Project.
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1 (735 ILCS 5/7-103.36 new)
2 Sec. 7-103.36. Quick-take; Grand Avenue Railroad
3 Relocation Authority. Quick-take proceedings under Section
4 7-103 may be used for a period of 6 years from July 14, 1995,
5 by the Grand Avenue Railroad Relocation Authority for the
6 Grand Avenue Railroad Grade Separation Project within the
7 Village of Franklin Park, Illinois.
8 (735 ILCS 5/7-103.37 new)
9 Sec. 7-103.37. Quick-take; 135th Street Bridge Project.
10 (a) Quick-take proceedings under Section 7-103 may be
11 used for a period of 3 years after July 14, 1995, by the
12 Village of Romeoville for the acquisition of rights-of-way
13 for the 135th Street Bridge Project, lying within the South
14 1/2 of Section 34, Township 37 North, Range 10 East and the
15 South 1/2 of Section 35, Township 37 North, Range 10 East of
16 the Third Principal Meridian, and the North 1/2 of Section 2,
17 Township 36 North, Range 10 East and the North 1/2 of Section
18 3, Township 36 North, Range 10 East of the 3rd Principal
19 Meridian, in Will County, Illinois.
20 (b) Quick-take proceedings under Section 7-103 may be
21 used for a period of 3 years after June 23, 1995, by the
22 Illinois Department of Transportation for the acquisition of
23 rights-of-way for the 135th Street Bridge Project between the
24 Des Plaines River and New Avenue lying within the South 1/2
25 of Section 35, Township 37 North, Range 10 East of the Third
26 Principal Meridian and the North 1/2 of Section 2, Township
27 36 North, Range 10 East of the 3rd Principal Meridian, in
28 Will County, Illinois.
29 (735 ILCS 5/7-103.38 new)
30 Sec. 7-103.38. Quick-take; Anna-Jonesboro Water
31 Commission. Quick-take proceedings under Section 7-103 may
32 be used for a period beginning June 24, 1995 (the day after
-1515- LRB9101253EGfg
1 the effective date of Public Act 89-29) and ending 18 months
2 after July 14, 1995 (the effective date of Public Act
3 89-134), by the Anna-Jonesboro Water Commission for the
4 acquisition of land and easements for improvements to its
5 water treatment and storage facilities and water transmission
6 pipes.
7 (735 ILCS 5/7-103.39 new)
8 Sec. 7-103.39. Quick-take; City of Effingham.
9 Quick-take proceedings under Section 7-103 may be used for a
10 period of 36 months after July 14, 1995, by the City of
11 Effingham for the acquisition of property which is described
12 as follows:
13 Tract 1:
14 Lots 26 and 27 in Block 4 in RAILROAD ADDITION TO
15 THE TOWN (NOW CITY) OF EFFINGHAM (reference made to Plat
16 thereof recorded in Book "K", Page 769, in the Recorder's
17 Office of Effingham County), situated in the City of
18 Effingham, County of Effingham and State of Illinois.
19 Tract 2:
20 The alley lying South and adjoining Tract 1, as
21 vacated by Ordinance recorded on July 28, 1937 in Book
22 183, Page 465, and all right, title and interest in and
23 to said alley as established by the Contract for Easement
24 recorded on August 4, 1937 in Book 183, Page 472.
25 (735 ILCS 5/7-103.40 new)
26 Sec. 7-103.40. Quick-take; Village of Palatine.
27 Quick-take proceedings under Section 7-103 may be used for a
28 period of one year after July 14, 1995, by the Village of
29 Palatine for the acquisition of property located along the
30 south side of Dundee Road between Rand Road and Hicks Road
31 for redevelopment purposes.
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1 (735 ILCS 5/7-103.41 new)
2 Sec. 7-103.41. Quick-take; Medical Center District.
3 Quick-take proceedings under Section 7-103 may be used for a
4 period of 6 years after July 1, 1995, for the acquisition by
5 the Medical Center District of property described in Section
6 3 of the Illinois Medical District Act within the District
7 Development Area as described in Section 4 of that Act for
8 the purposes set forth in that Act.
9 (735 ILCS 5/7-103.41a new)
10 Sec. 7-103.41a. Quick-take; South Raney Street
11 Improvement Project Phase I. Quick-take proceedings under
12 Section 7-103 may be used for a period of 24 months after
13 June 21, 1996 by the City of Effingham, Illinois for
14 acquisition of property for the South Raney Street
15 Improvement Project Phase I.
16 (735 ILCS 5/7-103.42 new)
17 Sec. 7-103.42. Quick-take; Village of Deerfield.
18 Quick-take proceedings under Section 7-103 may be used for a
19 period of 3 years after June 21, 1996, by the Village of
20 Deerfield for the acquisition of territory within the
21 Deerfield Village Center, as designated as of that date by
22 the Deerfield Comprehensive Plan, with the exception of that
23 area north of Jewett Park Drive (extended) between Waukegan
24 Road and the Milwaukee Railroad Tracks, for redevelopment
25 purposes.
26 (735 ILCS 5/7-103.43 new)
27 Sec. 7-103.43. Quick-take; City of Harvard. Quick-take
28 proceedings under Section 7-103 may be used for a period of
29 12 months after June 21, 1996, by the City of Harvard for the
30 acquisition of property lying west of Harvard Hills Road of
31 sufficient size to widen the Harvard Hills Road right of way
-1517- LRB9101253EGfg
1 and to install and maintain city utility services not more
2 than 200 feet west of the center line of Harvard Hills Road.
3 (735 ILCS 5/7-103.44 new)
4 Sec. 7-103.44. Quick-take; Village of River Forest.
5 Quick-take proceedings under Section 7-103 may be used for a
6 period of 5 years after June 21, 1996, by the Village of
7 River Forest, Illinois, within the area designated as a tax
8 increment financing district when the purpose of the
9 condemnation proceeding is to acquire land for any of the
10 purposes contained in the River Forest Tax Increment
11 Financing Plan or authorized by the Tax Increment Allocation
12 Redevelopment Act, provided that condemnation of any property
13 zoned and used exclusively for residential purposes shall be
14 prohibited.
15 (735 ILCS 5/7-103.45 new)
16 Sec. 7-103.45. Quick-take; Village of Schaumburg.
17 Quick-take proceedings under Section 7-103 may be used for a
18 period of 18 months after June 28, 1996, by the Village of
19 Schaumburg for the acquisition of land, easements, and
20 aviation easements for the purpose of a public airport in
21 Cook and DuPage Counties; provided that if any proceedings
22 under the provisions of this Article are pending on that
23 date, "quick-take" may be utilized by the Village of
24 Schaumburg.
25 (735 ILCS 5/7-103.46 new)
26 Sec. 7-103.46. Quick-take; City of Pinckneyville.
27 Quick-take proceedings under Section 7-103 may be used for a
28 period of one year after June 28, 1996, by the City of
29 Pinckneyville for the acquisition of land and easements to
30 provide for improvements to its water treatment and storage
31 facilities and water transmission pipes, and for the
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1 construction of a sewerage treatment facility and sewerage
2 transmission pipes to serve the Illinois Department of
3 Corrections Pinckneyville Correctional Facility.
4 (735 ILCS 5/7-103.47 new)
5 Sec. 7-103.47. Quick-take; City of Streator. Quick-take
6 proceedings under Section 7-103 may be used for a period of 6
7 months after June 28, 1996, by the City of Streator for the
8 acquisition of property described as follows for a first
9 flush basin sanitary sewer system:
10 Tract 5: That part of lots 20 and 21 in Block 6 in
11 Moore and Plumb's addition to the city of Streator,
12 Illinois, lying south of the right of way of the switch
13 track of the Norfolk and Western Railroad (now abandoned)
14 in the county of LaSalle, state of Illinois;
15 Tract 6: That part of lots 30, 31 and 32 in Block 7
16 in Moore and Plumb's Addition to the city of Streator,
17 Illinois, lying north of the centerline of Coal Run Creek
18 and south of the right of way of the switch track of the
19 Norfolk and Western Railroad (now abandoned) in the
20 county of LaSalle, state of Illinois.
21 (735 ILCS 5/7-103.48 new)
22 Sec. 7-103.48. Quick-take; MetroLink Light Rail System.
23 Quick-take proceedings under Section 7-103 may be used for a
24 period of 36 months after January 16, 1997, by the Bi-State
25 Development Agency of the Missouri-Illinois Metropolitan
26 District for the acquisition of rights of way and related
27 property necessary for the construction and operation of the
28 MetroLink Light Rail System, beginning in East St. Louis,
29 Illinois, and terminating at Mid America Airport, St. Clair
30 County, Illinois.
31 (735 ILCS 5/7-103.49 new)
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1 Sec. 7-103.49. Quick-take; Village of Schaumburg.
2 Quick-take proceedings under Section 7-103 may be used for a
3 period of 2 years after January 16, 1997, by the Village of
4 Schaumburg for the acquisition of rights-of-way, permanent
5 easements, and temporary easements for the purpose of
6 improving the Roselle Road/Illinois Route 58/Illinois Route
7 72 corridor, including rights-of-way along Roselle Road,
8 Remington Road, Valley Lake Drive, State Parkway, Commerce
9 Drive, Kristin Circle, and Hillcrest Boulevard, a permanent
10 easement along Roselle Road, and temporary easements along
11 Roselle Road, State Parkway, Valley Lake Drive, Commerce
12 Drive, Kristin Circle, and Hillcrest Boulevard, in Cook
13 County.
14 (735 ILCS 5/7-103.51 new)
15 Sec. 7-103.51. Quick-take; Village of Bloomingdale.
16 Quick-take proceedings under Section 7-103 may be used for a
17 period of 12 months after July 25, 1997, by the Village of
18 Bloomingdale for utility relocations necessitated by the Lake
19 Street Improvement Project on Lake Street between Glen Ellyn
20 Road and Springfield Drive in the Village of Bloomingdale.
21 (735 ILCS 5/7-103.52 new)
22 Sec. 7-103.52. Quick-take; City of Freeport. Quick-take
23 proceedings under Section 7-103 may be used for a period of
24 36 months after July 25, 1997, by the City of Freeport,
25 owners of the Freeport Albertus Municipal Airport, to allow
26 for acquisition of any land, rights, or other property lying
27 between East Lamm Road and East Borchers Road to complete
28 realignment of South Hollywood Road and to establish the
29 necessary runway safety zone in accordance with Federal
30 Aviation Administration and Illinois Department of
31 Transportation design criteria.
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1 (735 ILCS 5/7-103.53 new)
2 Sec. 7-103.53. Quick-take; Village of Elmwood Park.
3 Quick-take proceedings under Section 7-103 may be used for a
4 period of 3 years after July 1, 1997, by the Village of
5 Elmwood Park to be used only for the acquisition of
6 commercially zoned property within the area designated as the
7 Tax Increment Redevelopment Project Area by ordinance passed
8 and approved on December 15, 1986, as well as to be used only
9 for the acquisition of commercially zoned property located at
10 the northwest corner of North Avenue and Harlem Avenue and
11 commercially zoned property located at the southwest corner
12 of Harlem Avenue and Armitage Avenue for redevelopment
13 purposes, as set forth in Division 74.3 of Article 11 of the
14 Illinois Municipal Code.
15 (735 ILCS 5/7-103.54 new)
16 Sec. 7-103.54. Quick-take; Village of Oak Park.
17 (a) Quick-take proceedings under Section 7-103 may be
18 used for a period of 3 years after July 25, 1997, by the
19 Village of Oak Park for the acquisition of property located
20 along the south side of North Avenue between Austin Boulevard
21 and Harlem Avenue or along the north and south side of
22 Harrison Street between Austin Boulevard and Elmwood Avenue,
23 not including residentially zoned properties within these
24 areas, for commercial redevelopment goals.
25 (b) Quick-take proceedings under Section 7-103 may be
26 used for a period of 3 years after August 14, 1997, by the
27 Village of Oak Park for the acquisition of property within
28 the areas designated as the Greater Downtown Area Tax
29 Increment Financing District, the Harlem/Garfield Tax
30 Increment Financing District, and the Madison Street Tax
31 Increment Financing District, not including residentially
32 zoned properties within these areas, for commercial
33 redevelopment goals.
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1 (c) Quick-take proceedings under Section 7-103 may be
2 used for a period of 3 years after August 14, 1997, by the
3 Village of Oak Park for the acquisition of property within
4 the areas designated as the North Avenue Commercial Strip and
5 the Harrison Street Business Area, not including
6 residentially zoned properties within these areas, for
7 commercial redevelopment goals.
8 (735 ILCS 5/7-103.55 new)
9 Sec. 7-103.55. Quick-take; Village of Morton Grove.
10 Quick-take proceedings under Section 7-103 may be used for a
11 period of 3 years after August 14, 1997 by the Village of
12 Morton Grove, within the area designated as the Waukegan Road
13 Tax Increment Financing District to be used only for
14 acquiring commercially zoned properties located on Waukegan
15 Road for tax increment redevelopment projects contained in
16 the redevelopment plan for the area.
17 (735 ILCS 5/7-103.56 new)
18 Sec. 7-103.56. Quick-take; Village of Rosemont.
19 Quick-take proceedings under Section 7-103 may be used for a
20 period of 2 years after August 14, 1997, by the Village of
21 Rosemont for the acquisition of the property described as
22 Tract 1, and the acquisition of any leasehold interest of the
23 property described as Tract 2, both described as follows:
24 Tract 1
25 PARCEL 1:
26 THAT PART OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP
27 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN,
28 DESCRIBED AS FOLLOWS:
29 COMMENCING AT THE INTERSECTION OF A LINE 50.00 FEET, AS
30 MEASURED AT RIGHT ANGLES, NORTH OF AND PARALLEL WITH THE
31 SOUTH LINE OF SAID SOUTHWEST 1/4 WITH A LINE 484.69
32 FEET, AS MEASURED AT RIGHT ANGLES, EAST OF AND PARALLEL
-1522- LRB9101253EGfg
1 WITH THE WEST LINE OF SAID SOUTHWEST 1/4 (THE WEST LINE
2 OF SAID SOUTHWEST 1/4 HAVING AN ASSUMED BEARING OF NORTH
3 00 DEGREES 00 MINUTES 00 SECONDS EAST FOR THIS LEGAL
4 DESCRIPTION); THENCE NORTH 00 DEGREES 00 MINUTES 00
5 SECONDS EAST ALONG SAID LAST DESCRIBED PARALLEL LINE,
6 427.26 FEET TO A POINT FOR A PLACE OF BEGINNING; THENCE
7 CONTINUING NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST
8 ALONG SAID LAST DESCRIBED PARALLEL LINE, 251.92 FEET;
9 THENCE NORTH 45 DEGREES 00 MINUTES 00 SECONDS EAST,
10 32.53 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00
11 SECONDS EAST, 53.70 FEET; THENCE SOUTH 72 DEGREES 34
12 MINUTES 18 SECONDS EAST, 149.63 FEET; THENCE SOUTH 00
13 DEGREES 00 MINUTES 00 SECONDS WEST, 230.11 FEET; THENCE
14 SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, 219.46 FEET,
15 TO THE POINT OF BEGINNING IN COOK COUNTY, ILLINOIS.
16 PARCEL 2:
17 THAT PART OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP
18 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN,
19 DESCRIBED AS FOLLOWS:
20 COMMENCING AT THE INTERSECTION OF A LINE 50.00 FEET, AS
21 MEASURED AT RIGHT ANGLES, NORTH OF AND PARALLEL WITH THE
22 SOUTH LINE OF SAID SOUTHWEST 1/4 WITH A LINE 484.69
23 FEET, AS MEASURED AT RIGHT ANGLES, EAST OF AND PARALLEL
24 WITH THE WEST LINE OF SAID SOUTHWEST 1/4 (THE WEST LINE
25 OF SAID SOUTHWEST 1/4 HAVING AN ASSUMED BEARING OF NORTH
26 00 DEGREES, 00 MINUTES, 00 SECONDS EAST FOR THIS LEGAL
27 DESCRIPTION); THENCE NORTH 00 DEGREES, 00 MINUTES, 00
28 SECONDS EAST ALONG SAID LAST DESCRIBED PARALLEL LINE,
29 153.00 FEET; THENCE NORTH 90 DEGREES, 00 MINUTES, 00
30 SECONDS EAST, 89.18 FEET; THENCE NORTH 00 DEGREES, 00
31 MINUTES, 00 SECONDS EAST, 48.68 FEET; THENCE NORTH 90
32 DEGREES, 00 MINUTES, 00 SECONDS EAST, 43.53 FEET; THENCE
33 SOUTH 00 DEGREES, 00 MINUTES, 00 SECONDS EAST, 8.00 FEET;
34 THENCE NORTH 90 DEGREES, 00 MINUTES, 00 SECONDS EAST,
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1 44.23 FEET; THENCE NORTH 45 DEGREES, 00 MINUTES, 00
2 SECONDS EAST, 60.13 FEET; THENCE NORTH 00 DEGREES, 00
3 MINUTES, 00 SECONDS EAST, 141.06 FEET TO A POINT FOR A
4 PLACE OF BEGINNING, SAID POINT BEING 447.18 FEET NORTH
5 AND 704.15 FEET EAST OF THE SOUTHWEST CORNER OF THE
6 SOUTHWEST 1/4 OF SAID SECTION 33, AS MEASURED ALONG THE
7 WEST LINE OF SAID SOUTHWEST 1/4 AND ALONG A LINE AT RIGHT
8 ANGLES THERETO; THENCE NORTH 00 DEGREES, 00 MINUTES, 00
9 SECONDS EAST, 280.11 FEET; THENCE NORTH 72 DEGREES, 34
10 MINUTES, 18 SECONDS WEST, 149.63 FEET; THENCE SOUTH 90
11 DEGREES, 00 MINUTES, 00 SECONDS WEST, 53.70 FEET; THENCE
12 SOUTH 45 DEGREES, 00 MINUTES, 00 SECONDS WEST, 32.53 FEET
13 TO A POINT ON A LINE 484.69 FEET, AS MEASURED AT RIGHT
14 ANGLES, EAST OF AND PARALLEL WITH THE WEST LINE OF SAID
15 SOUTHWEST 1/4, SAID POINT BEING 679.18 FEET, AS MEASURED
16 ALONG SAID PARALLEL LINE, NORTH OF THE AFOREDESCRIBED
17 POINT OF COMMENCEMENT; THENCE NORTH 00 DEGREES, 00
18 MINUTES, 00 SECONDS EAST ALONG SAID LAST DESCRIBED
19 PARALLEL LINE, 158.10 FEET; THENCE NORTH 39 DEGREES, 39
20 MINUTES, 24 SECONDS EAST, 27.09 FEET TO AN INTERSECTION
21 WITH THE SOUTHERLY LINE OF HIGGINS ROAD, BEING A LINE
22 50.00 FEET, AS MEASURED AT RIGHT ANGLES, SOUTHERLY OF
23 AND PARALLEL WITH THE CENTER LINE OF SAID ROAD; THENCE
24 SOUTH 72 DEGREES, 34 MINUTES, 18 SECONDS EAST ALONG SAID
25 LAST DESCRIBED SOUTHERLY LINE, 382.55 FEET TO AN
26 INTERSECTION WITH THE WESTERLY RIGHT OF WAY LINE OF THE
27 MINNEAPOLIS, ST. PAUL AND SAULT STE. MARIE RAILROAD
28 (FORMERLY THE CHICAGO AND WISCONSIN RAILROAD); THENCE
29 SOUTH 14 DEGREES, 51 MINUTES, 36 SECONDS EAST ALONG SAID
30 LAST DESCRIBED WESTERLY LINE, 378.97 FEET; THENCE SOUTH
31 90 DEGREES, 00 MINUTES, 00 SECONDS WEST, 260.00 FEET TO
32 THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS.
33 Generally comprising approximately 3.8 acres along
34 the south side of Higgins Road, East of Mannheim Road.
-1524- LRB9101253EGfg
1 Tract 2
2 PARCEL 1:
3 Any leasehold interest of any portion of the
4 property legally described as follows:
5 THAT PART OF THE EAST 8 ACRES OF LOT 2 IN FREDERICK
6 JOSS'S DIVISION OF LAND IN SECTION 9, TOWNSHIP 40 NORTH,
7 RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT
8 THE NORTH 500 FEET THEREOF AS MEASURED ON THE EAST LINE)
9 LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE:
10 BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT 2,
11 19.07 FEET WEST OF THE NORTHEAST CORNER THEREOF; THENCE
12 SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 73
13 DEGREES 46 MINUTES 40 SECONDS (AS MEASURED FROM WEST TO
14 SOUTHWEST) WITH THE AFORESAID NORTH LINE OF LOT 2, A
15 DISTANCE OF 626.69 FEET TO A POINT; THENCE SOUTHEASTERLY
16 ALONG A LINE FORMING AN ANGLE OF 20 DEGREES 58 MINUTES
17 25 SECONDS (AS MEASURED TO THE LEFT) WITH A PROLONGATION
18 OF THE LAST DESCRIBED COURSE A DISTANCE OF 721.92 FEET
19 TO A POINT IN THE SOUTH LINE OF SAID LOT WHICH IS 85.31
20 FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT 2,
21 EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PREMISES:
22 THE SOUTH 50 FEET OF LOT 2 LYING EAST OF THE FOLLOWING
23 DESCRIBED LINE; BEGINNING AT A POINT IN THE SOUTH LINE
24 OF LOT 2, WHICH IS 85.31 FEET WEST OF THE SOUTHEAST
25 CORNER OF SAID LOT; THENCE NORTHERLY ON A LINE WHICH
26 FORMS AN ANGLE OF 85 DEGREES 13 MINUTES 25 SECONDS IN
27 THE NORTHWEST 1/4 WITH SAID LAST DESCRIBED LINE IN
28 FREDERICK JOSS'S DIVISION OF LANDS IN THE NORTHEAST 1/4
29 OF SECTION 9, TOWNSHIP 40 NORTH, RANGE 12 EAST OF THE
30 THIRD PRINCIPAL MERIDIAN.
31 PARCEL 2:
32 Plus any rights of ingress and egress which the said
33 holder of the leasehold interest may have pursuant to
34 the following described easement:
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1 GRANT OF EASEMENT FOR THE BENEFIT OF PARCEL 1 AS CREATED
2 BY GRANT FROM FRACAP SHEET METAL MANUFACTURING COMPANY,
3 INC. TO JUNE WEBER POLLY DATED NOVEMBER 16, 1970 AND
4 RECORDED APRIL 7, 1971 AS DOCUMENT 21442818 FOR
5 PASSAGEWAY OVER THE EAST 20 FEET AS MEASURED AT RIGHT
6 ANGLES TO THE EAST LINE THEREOF OF THE NORTH 500 FEET OF
7 THAT PART OF THE EAST 8 ACRES OF LOT 2 IN FREDERICK
8 JOSS'S DIVISION OF LAND IN SECTION 9, TOWNSHIP 40 NORTH,
9 RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING
10 EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A
11 POINT ON THE NORTH LINE OF SAID LOT 2, 19.07 FEET WEST
12 OF THE NORTHEAST CORNER THEREOF; THENCE SOUTHWESTERLY
13 ALONG A LINE FORMING AN ANGLE OF 73 DEGREES 46 MINUTES
14 40 SECONDS (AS MEASURED FROM WEST TO SOUTHWEST) WITH THE
15 AFORESAID NORTH LINE OF LOT 2, A DISTANCE OF 626.69 FEET
16 TO A POINT; THENCE SOUTHEASTERLY ALONG A LINE FORMING AN
17 ANGLE OF 20 DEGREES 58 MINUTES 25 SECONDS (AS MEASURED
18 TO THE LEFT) WITH A PROLONGATION OF THE LAST DESCRIBED
19 COURSE A DISTANCE OF 721.92 FEET TO A POINT IN THE SOUTH
20 LINE OF SAID LOT 2, WHICH IS 85.31 FEET WEST OF THE
21 SOUTHEAST CORNER OF SAID LOT 2, IN COOK COUNTY,
22 ILLINOIS.
23 (735 ILCS 5/7-103.57 new)
24 Sec. 7-103.57. Quick-take; City of Champaign.
25 Quick-take proceedings under Section 7-103 may be used for a
26 period of 24 months from August 14, 1997, by the City of
27 Champaign for the acquisition of land and easements in and
28 adjacent to the City of Champaign for the improvement of
29 Windsor Road and Duncan Road and for the construction of the
30 Boneyard Creek Improvement Project.
31 (735 ILCS 5/7-103.58 new)
32 Sec. 7-103.58. Quick-take; City of Rochelle. Quick-take
-1526- LRB9101253EGfg
1 proceedings under Section 7-103 may be used for a period of
2 24 months from July 30, 1998, by the City of Rochelle, to
3 allow the acquisition of easements for the construction and
4 maintenance of overhead utility lines and poles along a route
5 within and adjacent to existing roadway easements on
6 Twombley, Mulford, and Paw Paw roads in Ogle and Lee
7 counties.
8 (735 ILCS 5/7-103.59 new)
9 Sec. 7-103.59. Quick-take; Village of Bolingbrook.
10 Quick-take proceedings under Section 7-103 may be used for a
11 period of 3 years after July 30, 1998, by the Village of
12 Bolingbrook for acquisition of property within a Regional
13 Stormwater Detention Project Area, when the purpose of the
14 condemnation proceeding is to acquire land for one or more of
15 the following public purposes: drainage, stormwater
16 management, open space, recreation, improvements for water
17 service and related appurtenances, or wetland mitigation and
18 banking; the project area is in Wheatland Township, Will
19 County, bounded generally by Essington Road, 127th Street,
20 and Kings Road and is more particularly described as follows:
21 That part of Section 25 Township 37 N Range 9 E of the 3rd
22 Principal Meridian all in Wheatland Township, Will County,
23 except the Northeast Quarter; the North 1/2 of the Northwest
24 Quarter; and the Southwest Quarter of the Southwest Quarter.
25 (735 ILCS 5/7-103.60 new)
26 Sec. 7-103.60. Quick-take; Village of Franklin Park.
27 Quick-take proceedings under Section 7-103 may be used for a
28 period of 36 months after July 1, 1998, by the Village of
29 Franklin Park, for the acquisition for school purposes,
30 including, but not limited to, school parking lot purposes,
31 of property bounded on the west by Rose Street, on the north
32 by Nerbonne Street, on the east by Pearl Street extended
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1 north on Nerbonne Street, and on the south by King Street,
2 except that no portion used for residential purposes shall be
3 taken.
4 (735 ILCS 5/7-103.61 new)
5 Sec. 7-103.61. Quick-take; Village of Melrose Park.
6 Quick-take proceedings under Section 7-103 may be used for a
7 period of 5 years after June 1, 1998 by the Village of
8 Melrose Park to acquire the following described property, for
9 the purpose of redeveloping blighted areas:
10 Golfland
11 That part of the North half of the South East
12 Quarter of the South West quarter of Section 35, Township
13 40 North, Range 12, East of the Third Principal Meridian,
14 lying Northeast of the Northeasterly right-of-way line of
15 the Minneapolis, St. Paul and Sault Ste. Marie Railroad;
16 lying South of a line 443.00 feet North of and parallel
17 to the South line of the North half of the South East
18 Quarter of the South West Quarter of Section 35,
19 aforesaid; and lying west of the West line of the East
20 490 feet of the North half of the South East Quarter of
21 the South West Quarter of Section 35, aforesaid
22 (excepting therefrom the East 50 feet of the North 80
23 feet thereof and except that part taken and dedicated for
24 5th Avenue);
25 ALSO
26 That part of the South half of the South East
27 Quarter of the South West Quarter of Section 35, Township
28 30 North, Range 12, East of the Third Principal Meridian,
29 lying Northeast of the Northeasterly right-of-way line of
30 the Minneapolis, St. Paul and Sault Ste. Marie Railroad,
31 described as follows: commencing at the intersection of
32 the West line of the South East Quarter of the South West
33 Quarter of Section 35, aforesaid, with the North line of
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1 the South half of the South East Quarter of the South
2 West Quarter of said Section 35; thence East along the
3 aforementioned North line 67.91 Feet to the point of
4 beginning of land herein described; thence continue East
5 along said North line 297.59 feet; thence Southwesterly
6 along a line forming an angle of 17 degrees 41 minutes 34
7 seconds, measured from West to South West with last
8 described course, from a distance of 240.84 feet to a
9 point 100 feet Southeasterly of the point of beginning;
10 thence Northwesterly 100 feet to the point of beginning;
11 all in Cook County.
12 (735 ILCS 5/7-103.62 new)
13 Sec. 7-103.62. Quick-take; Village of Melrose Park.
14 Quick-take proceedings under Section 7-103 may be used for a
15 period of 3 years after June 1, 1998, by the Village of
16 Melrose Park to acquire property described as follows for the
17 purpose of redeveloping blighted areas:
18 THAT PART OF THE WEST 340 FEET OF THE EAST 1360 FEET
19 OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 2,
20 TOWNSHIP 39 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL
21 MERIDIAN, LYING NORTH OF THE CENTERLINE OF DES PLAINES
22 RIVER (EXCEPT THAT PART OF THE WEST 340 FEET OF THE EAST
23 1360 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF
24 SECTION 2, TOWNSHIP 39 NORTH, RANGE 12, EAST OF THE THIRD
25 PRINCIPAL MERIDIAN, LYING NORTH OF THE CENTERLINE OF DES
26 PLAINES RIVER AND LYING SOUTH OF A LINE DESCRIBED AS
27 COMMENCING ON THE EAST LINE OF SAID TRACT 880 FEET SOUTH
28 OF THE NORTH LINE OF SAID SECTION 2 RUNNING WESTERLY TO A
29 POINT IN THE WEST LINE OF SAID TRACT WHICH IS 976 FEET
30 SOUTH OF THE NORTH LINE OF SAID SECTION AND EXCEPT THE
31 NORTH 99.2 FEET AS MEASURED ON THE WEST LINE AND BY 99.6
32 FEET AS MEASURED ON THE EAST LINE OF SAID WEST 340 FEET
33 AND DEDICATED AND CONVEYED TO STATE OF ILLINOIS FOR ROAD
-1529- LRB9101253EGfg
1 OR PUBLIC HIGHWAY PURPOSES), IN COOK COUNTY, ILLINOIS.
2 THAT PART OF THE WEST 170 FEET OF THE EAST 1530 FEET
3 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 2,
4 TOWNSHIP 39 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL
5 MERIDIAN, LYING NORTH OF THE CENTER LINE OF DES PLAINES
6 RIVER. (EXCEPT THAT PART OF THE WEST 170 FEET OF THE
7 EAST 1530 FEET OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF
8 SECTION 2, TOWNSHIP 39 NORTH, RANGE 12, EAST OF THE THIRD
9 PRINCIPAL MERIDIAN, LYING NORTH OF THE CENTER LINE OF DES
10 PLAINES RIVER AND LYING SOUTH OF A LINE DESCRIBED AS
11 COMMENCING ON THE EAST LINE OF SAID TRACT 976 FEET SOUTH
12 OF THE NORTH LINE OF SAID SECTION 2, RUNNING WESTERLY TO
13 A POINT IN THE WEST LINE OF SAID TRACT WHICH IS 1095.50
14 FEET SOUTH OF THE NORTH LINE OF SAID SECTION AND EXCEPT
15 THE NORTH 100.00 FEET AS MEASURED ON THE WEST LINE AND BY
16 99.2 FEET AS MEASURED ON THE EAST LINE OF SAID WEST 170
17 FEET AND DEDICATED AND CONVEYED TO THE STATE OF ILLINOIS
18 FOR ROAD OR PUBLIC HIGHWAY PURPOSES), IN COOK COUNTY,
19 ILLINOIS.
20 (735 ILCS 5/7-103.63 new)
21 Sec. 7-103.63. Quick-take; City of Peru. Quick-take
22 proceedings under Section 7-103 may be used for a period of
23 24 months after July 30, 1998 by the City of Peru for removal
24 of existing residential deed restrictions on the use of
25 property, and the rights of other property owners in the
26 subdivision to enforce those restrictions, as they apply to
27 lots 10, 11, 12, 13, 14, 15, and 16 in Urbanowski's
28 Subdivision to the City of Peru, all of which are owned by
29 the Illinois Valley Community Hospital and adjacent to the
30 existing hospital building, for the limited purpose of
31 allowing the Illinois Valley Community Hospital to expand its
32 hospital facility, including expansion for needed emergency
33 room and outpatient services; under this Section 7-103.63
-1530- LRB9101253EGfg
1 compensation shall be paid to those other property owners for
2 the removal of their rights to enforce the residential deed
3 restrictions on property owned by the Illinois Valley
4 Community Hospital, but no real estate owned by those other
5 property owners may be taken.
6 (735 ILCS 5/7-103.64 new)
7 Sec. 7-103.64. Quick-take; Village of South Barrington.
8 Quick-take proceedings under Section 7-103 may be used for a
9 period of 3 years after July 30, 1998, by the Village of
10 South Barrington for the acquisition of land and temporary
11 and permanent easements for the purposes of construction and
12 maintenance of sewerage facilities and sewerage transmission
13 pipes along an area not to exceed 100 feet north of the
14 Northwest Tollway between Barrington Road and Route 72.
15 (735 ILCS 5/7-103.65 new)
16 Sec. 7-103.65. Quick-take; Village of Northlake.
17 Quick-take proceedings under Section 7-103 may be used for a
18 period of 18 months after July 30, 1998, by the Village of
19 Northlake for the acquisition of the following described
20 property for stormwater management and public recreation
21 purposes:
22 LOT 10 IN BLOCK 7 IN TOWN MANOR SUBDIVISION OF THE
23 NORTH 100 ACRES OF THE NORTH EAST 1/4 OF SECTION 5,
24 TOWNSHIP 39 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL
25 MERIDIAN, IN COOK COUNTY, ILLINOIS.
26 Commonly known as 315 E. Morse Drive, Northlake,
27 Illinois, 60164;
28 LOT 17 IN BLOCK 2 IN MIDLAND DEVELOPMENT COMPANY'S
29 NORTHLAKE VILLAGE, A SUBDIVISION OF THE NORTH HALF OF THE
30 NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 39 NORTH, RANGE
31 12, EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT THE
32 SOUTH 208.7 FEET OF THE WEST 208.7 FEET EAST OF WOLF ROAD
-1531- LRB9101253EGfg
1 OF THE NORTH HALF OF THE NORTHWEST QUARTER, AFORESAID),
2 IN COOK COUNTY, ILLINOIS.
3 PIN: 15-05-115-001
4 Commonly known as 101 S. Wolf Road, Northlake,
5 Illinois, 60164.
6 (735 ILCS 5/7-103.66 new)
7 Sec. 7-103.66. Quick-take; City of Carbondale.
8 Quick-take proceedings under Section 7-103 may be used for a
9 period of 48 months after July 30, 1998, by the City of
10 Carbondale, for the acquisition of property bounded by the
11 following lines for the Mill Street Underpass Project (which
12 is part of the Carbondale Railroad Relocation Project): a
13 line 300 feet west of the centerline of Thompson Street; a
14 line 100 feet east of the centerline of Wall Street; a line
15 700 feet north of the centerline of College Street; and the
16 centerline of Grand Avenue.
17 (735 ILCS 5/7-103.67 new)
18 Sec. 7-103.67. Quick-take; Village of Round Lake Park.
19 Quick-take proceedings under Section 7-103 may be used for a
20 period of 3 years after July 30, 1998, by the Village of
21 Round Lake Park in Lake County for acquisition of temporary
22 construction easements and permanent easement corridors for
23 providing off-site water and sewer service for the Alter
24 Business Park, generally described as follows:
25 Commencing at the Joint Action Water Agency (JAWA)
26 facility on the south side of Winchester Road (County
27 Route A34) and west of Midlothian Road, the proposed
28 public water line will be located in the Winchester Road
29 (County Route A34) right-of-way or immediately adjacent
30 to the right-of-way from the JAWA facility west to
31 Illinois State Route 83. The water line will then extend
32 under Illinois State Route 83 and continue in the
-1532- LRB9101253EGfg
1 Winchester Road (County Route A34) right-of-way or
2 immediately adjacent to the right-of-way as it extends
3 westerly from Illinois State Route 83 to the proposed
4 pump station and delivery structure at the most southerly
5 west property line of the Alter property located south of
6 Peterson Road (County Route A33) and west of Illinois
7 State Route 83. Also, the proposed public water line
8 will be located in the Peterson Road (County Route A33)
9 right-of-way or immediately adjacent to the right-of-way
10 from Illinois State Route 83 west to the westerly
11 property line of the Alter property, which property line
12 lies approximately 2600' west of Alleghany Road (County
13 Route V68).
14 The proposed sanitary sewer route will commence at a
15 location on Fairfield Road (County Route V61) north of
16 Illinois State Route 134 at the Lake County Interceptor
17 (which ultimately extends into the Fox Lake Sanitary
18 District System); the route of the sanitary sewer will
19 continue south of Illinois State Route 134 in the
20 right-of-way of Fairfield Road (County Route V61) or
21 immediately adjacent thereto from its extension north of
22 Illinois State Route 134 to its intersection with
23 Townline Road. The sanitary sewer will then extend east
24 in the right-of-way of Townline Road or immediately
25 adjacent thereto to its intersection with Bacon Road. The
26 sanitary sewer will then extend in the Bacon Road
27 right-of-way line or immediately adjacent thereto
28 continuing in a southeasterly direction until its
29 intersection with Illinois State Route 60. The sanitary
30 line will then extend in the Illinois State Route 60
31 right-of-way by permit or immediately adjacent thereto
32 continuing easterly along said right-of-way to the point
33 of intersection with Peterson Road (County Route A33).
34 The sanitary line will then continue easterly in the
-1533- LRB9101253EGfg
1 right-of-way of Peterson Road (County Route A33) or
2 immediately adjacent thereto to the point of intersection
3 with Alleghany Road (County Route V68) and then will
4 extend within the Alter property.
5 (735 ILCS 5/7-103.68 new)
6 Sec. 7-103.68. Quick-take; Village of Rosemont.
7 Quick-take proceedings under Section 7-103 may be used for a
8 period of 3 years after July 30, 1998, by the Village of
9 Rosemont for redevelopment purposes, including infrastructure
10 improvements, construction of streets, stormwater facilities,
11 and drainage areas, and flood plain improvements, for the
12 acquisition of property described as follows:
13 That part of the Northwest Quarter and that part of
14 the Southwest Quarter of Section 3, Township 40 North,
15 Range 12, East of the Third Principal Meridian, and being
16 more particularly described as follows:
17 Beginning at the point of intersection of the west
18 right-of-way line of River Road (as shown on the plat of
19 subdivision for Gerhart Huehl Estates Division per
20 document number 4572711) and the southerly line of Lot 7
21 in said Gerhart Huehl Estates Division; thence north 14
22 degrees 38 minutes 19 seconds west, along the aforesaid
23 west right-of-way of River Road, to the point of
24 intersection with a line drawn 490.0 feet south of and
25 parallel to the north line of Lot 3 in the said Gerhart
26 Huehl Estates Division; thence north 89 degrees 07
27 minutes 41 seconds west, along the previously described
28 parallel line 554.77 feet to the point, said point being
29 540.00 feet east of the easterly right-of-way line of
30 Schafer Court (Schafer Court being an unrecorded
31 roadway); thence, north 0 degrees 00 minutes 00 seconds
32 east, 284.12 feet to the point of intersection with south
33 line of the aforesaid Lot 3 (said south line also being
-1534- LRB9101253EGfg
1 the north line of Lot 6 in Gerhart Huehl Estates
2 Division); thence north 89 degrees 04 minutes 45 seconds
3 west, along the said south line of Lot 3, 478.29 feet to
4 the point of intersection with the aforesaid easterly
5 right-of-way line of Schafer Court; thence south 12
6 degrees 16 minutes 34 seconds west, along the said
7 easterly right-of-way line, 312.83 feet; thence south 18
8 degrees 09 minutes 05 seconds west, continuing along the
9 said easterly right-of-way line, 308.16 feet to the point
10 of intersection with the northerly right-of-way line of
11 Higgins Road as dedicated per document number 11056708;
12 thence, north 66 degrees 43 minutes 09 seconds west along
13 said northerly right-of-way line of Higgins Road to the
14 easterly right-of-way of the Northwest Toll Road; thence
15 southerly along said easterly right-of-way of the
16 Northwest Toll Road to the southerly right-of-way of
17 Maple Avenue extended westerly; thence easterly along
18 said southerly right-of-way line of Maple Avenue
19 (recorded as Bock Avenue) to the easterly right-of-way
20 line of Gage Street; thence northerly along said easterly
21 right-of-way line of Gage Street to the southerly line of
22 Lot 2 in River Rose Subdivision Unit 2 per document
23 number 19594706; thence easterly along the southerly line
24 of said Lot 2 in River Rose Subdivision Unit Number 2 and
25 said southerly line extended easterly to the easterly
26 right-of-way line of Glen Lake Drive (as dedicated in
27 River Rose Subdivision per Document Number 19352146 and
28 dedicated as Willow Creek Drive); thence southwesterly
29 along said easterly right-of-way line to the northwest
30 corner of Lot 1 in said River Rose Subdivision; thence
31 south 59 degrees 08 minutes 47 seconds east, along the
32 northerly lines of Lots 1 through 13 (both inclusive) in
33 the said River Rose subdivision, 757.48 feet to the most
34 northeasterly corner of said Lot 13; thence south 11
-1535- LRB9101253EGfg
1 degrees 05 minutes 25 seconds west, along the easterly
2 line of said lot 13 in said River Rose Subdivision, 14.08
3 feet to the northerly line of Glen J. Nixon's subdivision
4 as per document 19753046; thence easterly along said
5 northerly line, 237.43 feet to the westerly right-of-way
6 of said Des Plaines River Road;
7 Thence southerly along said westerly right-of-way of
8 Des Plaines River Road to the southerly line of the
9 Northerly 90 feet of Lot 2 in said Glen J. Nixon's
10 subdivision; thence westerly along said southerly line to
11 the westerly line of said Glen J. Nixon's subdivision;
12 thence southerly along the said westerly line of Glen J.
13 Nixon's subdivision to the southerly right-of-way of an
14 unrecorded roadway; thence south 70 degrees 43 minutes 16
15 seconds west, along the southerly line of the unrecorded
16 roadway, 108.23 feet; thence continuing along the
17 southerly right-of-way of the unrecorded roadway, 95.34
18 feet along an arc of a circle whose radius is 110.00 feet
19 and being convex to the south; thence north 56 degrees 32
20 minutes 25 seconds west, continuing along the southerly
21 right-of-way of the said unrecorded roadway, 216.00 feet
22 to the southwest corner of said Glen Lake Drive as
23 dedicated in the aforesaid River Rose subdivision; thence
24 north 59 degrees 10 minutes 12 seconds west, along the
25 southerly right-of-way of said Glen Lake Drive, 327.48
26 feet, to the point of intersection with east line of Lot
27 8 in Block 1 in Higgins Road Ranchettes Subdivision per
28 Document Number 13820089; thence northerly along the east
29 line of said Lot 8, 97.24 feet to a point; said point
30 being 66.00 feet south of the northeast corner of said
31 Lot 8; thence north 89 degrees 36 minutes 54 seconds
32 west, along a line which is 66.00 feet south of and
33 parallel to the north line of Lots 3, 4, 5, 6, 7, and 8
34 in said Higgins Road Ranchettes Subdivision (said
-1536- LRB9101253EGfg
1 parallel line also being the south line of an unrecorded
2 street known as Glenlake Street), 621.61 feet to the
3 point of intersection with the northeasterly right-of-way
4 line of Toll Road; the next four courses being along the
5 said northeasterly right-of-way line of the Toll Road;
6 thence south 21 degrees 28 minutes 12 seconds east,
7 219.81 feet; thence south 34 degrees 29 minutes 34
8 seconds east, 261.77 feet; thence south 52 degrees 02
9 minutes 04 seconds east, 114.21 feet; thence south 52
10 degrees 07 minutes 21 seconds east to the westerly line
11 (extended northerly) of Lots 83 through 87 inclusive in
12 Frederick H. Bartlett's River View Estates recorded as
13 Document Number 853426 in Cook County; thence southerly
14 along said westerly line to the southerly right-of-way
15 line of Thorndale Avenue; thence easterly along said
16 southerly right-of-way line of Thorndale Avenue 14.65
17 feet; thence southerly along a line parallel with the
18 said westerly line of Lots 83 through 87 inclusive and
19 14.38 feet easterly, 139.45 feet; thence southwesterly
20 along a line which ends in the southerly line of said Lot
21 84 extended westerly, 85.35 feet westerly from the
22 southwest corner of said Lot 84; thence easterly along
23 said southerly line to the westerly right-of-way of Des
24 Plaines River Road; thence northerly along said westerly
25 right-of-way line to the said northerly line of the Toll
26 Road; thence south 52 degrees 07 minutes 21 seconds east,
27 along said right-of-way to the centerline of said Des
28 Plaines River Road; thence south 11 degrees 06 minutes 48
29 seconds west, along said centerline, 1.47 feet; thence
30 south 55 degrees 56 minutes 09 seconds east, continuing
31 along the said northeasterly right-of-way line of the
32 Toll Road (said line also being the south line of Lot 1
33 in Rosemont Industrial Center per Document Number
34 20066369), 411.98 feet; thence south 61 degrees 51
-1537- LRB9101253EGfg
1 minutes 06 seconds east, continuing along the said
2 northeasterly right-of-way line of the Toll Road (said
3 line also being along the south line of Lots 1, 2, and 5
4 in said Rosemont Industrial Center), 599.13 feet to the
5 southeast corner of said Lot 5; thence north 12 degrees
6 45 minutes 47 seconds east, along the east lines of Lots
7 3 and 5 in said Rosemont Industrial Center, 424.40 feet;
8 thence north 33 degrees 51 minutes 39 seconds east, along
9 the east lines of Lots 3 and 4 in the said Rosemont
10 Industrial Center, 241.42 feet to the northeast corner of
11 said Lot 4; thence north 33 degrees 51 minutes 40 seconds
12 east, 189.38 feet to the center of said Section 3; thence
13 north 2 degrees 42 minutes 55 seconds east, along the
14 east line of the northwest quarter of said Section 3,
15 375.90 feet to the point of intersection with the south
16 line of Higgins Road, as widened per Document Number
17 11045055; the next three courses being along the said
18 south right-of-way line of Higgins Road; thence north 64
19 degrees 30 minutes 51 seconds west, 53.65 feet; thence
20 northwesterly, 436.47 feet along an arc of a circle whose
21 radius is 1,482.69 feet and being convex to the
22 southwest; thence north 47 degrees 57 minutes 51 seconds
23 west, 73.57 feet; thence northeasterly, along an arc of a
24 circle whose radius is 5,679.65 feet and being convex to
25 the northeast, to a point of intersection of said
26 southerly right-of-way of Higgins Road and the
27 southeasterly line of the land conveyed to James H. Lomax
28 by Document Number 1444990; thence northeasterly along
29 said southeasterly line extended, 197 feet to the center
30 line of the Des Plaines River; thence north 49 degrees 11
31 minutes 20 seconds west 325.90 feet; thence continuing in
32 the said center line of the Des Plaines River, north 27
33 degrees 56 minutes 17 seconds west 370.53 feet; thence
34 north 12 degrees 10 minutes 40 seconds east, 16.0 feet;
-1538- LRB9101253EGfg
1 thence southwesterly along said southeasterly line of Lot
2 7 extended in Gerhart Huehl Estates Division, to said
3 place of beginning;
4 Plus,
5 That part of the West half of the Northwest quarter
6 of Section 3, Township 40 North, Range 12 East of the
7 Third Principal Meridian, in Cook County, Illinois,
8 described as follows:
9 Beginning at the intersection of the South line of
10 Devon Avenue with the East line of Shafer Court being a
11 point 281.01 feet East of the West line of the
12 aforementioned West half of the Northwest quarter of
13 Section 33; thence Southerly along the East line of said
14 Shafer Court, 193.91 feet to the South line of Lot 3 in
15 Gerhart Huehl Estate Division according to the plat
16 thereof recorded June 3, 1910, as Document 4572711, being
17 a point 241.74 feet East of the aforementioned West half
18 of the Northwest quarter of Section 33; thence East along
19 the South line of said Lot 3, a distance of 508.5 feet to
20 a point 487.69 feet West of the centerline of River Road;
21 thence continuing easterly along the last described line
22 as extended to the west line of River Road; thence
23 northerly along the west line of River Road to the South
24 line of Devon Avenue; thence westerly along the south
25 line of Devon Avenue to the point of beginning;
26 Plus,
27 That part of the Southwest quarter of Section 3,
28 Township 40 North, Range 12 East of the Third Principal
29 Meridian, in Cook County, Illinois, described as follows:
30 Beginning at the Southeast corner of Rosemont
31 Industrial Center, being a subdivision recorded February
32 17, 1967 as Document 20066369; thence Northwesterly along
33 the South line of Rosemont Industrial Center aforesaid,
34 and said South line extended to the Westerly line of
-1539- LRB9101253EGfg
1 River Road to the South; thence Southwesterly along said
2 Westerly line, to the North line of Interstate 290;
3 thence Easterly along said North line, to the West line
4 of property owned by the Forest Preserve; thence along
5 and then Northerly along the irregular West line of
6 property owned by the Forest Preserve and extended across
7 the Interstate 290 right-of-way, to the point of
8 beginning;
9 Plus,
10 The Northerly 90 feet of Lot 2 in Glen J. Nixon's
11 Subdivision of part of Lot 15 in Assessor's Division of
12 part of Section 3, Township 40 North, Range 12, East of
13 the Third Principal Meridian, according to the plat
14 thereof recorded March 1, 1966 as Document 19753046, in
15 Cook County, Illinois, (except therefrom that part used
16 for River Road), all in Cook County.
17 AREA 1:
18 That part of the South West Quarter of Section 33,
19 Township 41 North, Range 12 East of the third Principal
20 Meridian, lying North of a line 575 feet north (measured
21 at 90 degrees) of the South line of said South West
22 Quarter, lying West of a line 451.45 feet East (measured
23 at 90 degrees) of the West line of said South West
24 Quarter and South of the center line of Higgins Road
25 (except parts taken or used for highway purposes,
26 including the land taken by condemnation in Case No. 65 L
27 8179 Circuit Court of Cook County, Illinois, described as
28 follows: That part of the South West Quarter of Section
29 33, Township 41 North, Range 12 East of the Third
30 Principal Meridian, bounded and described as follows:
31 Beginning at a point of intersection of the center line
32 of Higgins Road, as now located and established with the
33 West line of the South West Quarter of said Section 33;
34 thence South along said West line of the South West
-1540- LRB9101253EGfg
1 Quarter of said Section, a distance of 560.2 feet to a
2 point in the North line of the South 575.0 feet of said
3 South West Quarter of said Section 33; thence East along
4 said North line of the South 575.0 feet of the South West
5 Quarter of said Section 33, a distance of 45.0 feet to a
6 point; thence Northeasterly in a straight line a distance
7 of 179.27 feet to a point, distance 50.0 feet East,
8 measured at right angles from the West line of the South
9 West Quarter of said Section 33; thence Northeasterly in
10 a straight line a distance of 187.38 feet to a point,
11 distant 62.0 feet East, measured at right angles from
12 said West line of the South West Quarter of said Section
13 33; thence North parallel with the said West line of the
14 South West Quarter of said Section 33 a distance of 44.74
15 feet to a point of curvature; thence Northeasterly along
16 a curved line, concave to the Southeast, having a radius
17 of 50.0 feet and a central angle of 107 degrees 28
18 minutes, a distance of 93.73 feet to a point of tangency,
19 distant 50.0 feet Southwest measured at right angles from
20 the center line of Higgins Road; thence Southeasterly
21 parallel with the center line of Higgins Road, a distance
22 of 345.09 feet to a point on a line distant, 16.0 feet
23 west of the east line of the west 467.34 feet of the
24 South West Quarter of said Section 33; thence North in a
25 straight line a distance of 58.71 feet to a point on said
26 center line of Higgins Road; thence Northwesterly along
27 said center line of Higgins Road a distance of 478.23
28 feet to the place of beginning) in Cook County, Illinois.
29 AREA 2:
30 That part of the South West 1/4 of Section 33,
31 Township 41 North, Range 12, East of the Third Principal
32 Meridian, lying West of the West Right of Way Line of the
33 Minneapolis, St. Paul and Sault Ste. Marie Railroad
34 (formerly the Chicago and Wisconsin Railroad) and South
-1541- LRB9101253EGfg
1 of the center line of Higgins Road (except therefrom the
2 South 200 feet of the West 467.84 feet of said South West
3 1/4 and also excepting therefrom that part of said South
4 West 1/4 lying North of the North line of the South 575
5 feet of said South West 1/4 and West of a line 16 feet
6 West of and parallel with the West line of the Tract of
7 land described in a Deed dated May 22, 1929, and recorded
8 July 9, 1929, as Document Number 10422646 (the Tract
9 described in said Deed being the East 10 acres of that
10 part of the South West 1/4 of Section 33, Township 41
11 North, Range 12, East of the Third Principal Meridian,
12 lying South of the Center line of Higgins Road and West
13 of the West line extended North to the center of said
14 Higgins Road of the East 20.62 chains of the North West
15 1/4 of Section 4, Township 40 North, Range 12, East of
16 the Third Principal Meridian (excepting therefrom the
17 right of way of the Minneapolis, St. Paul and Sault Ste.
18 Marie Railroad, formerly the Chicago and Wisconsin
19 Railroad) and also excepting the South 50 feet of the
20 said South West 1/4 lying East of the West 467.84 feet
21 thereof) and also excepting that portion of the land
22 condemned for the widening of Higgins Road and Mannheim
23 Road in Case Number 65 L7109, in Cook County, Illinois.
24 AREA 3:
25 The North 150 feet of the South 200 feet of that
26 part of the South West 1/4 of Section 33, Township 41
27 North, Range 12 East of the Third Principal Meridian
28 (except the East 10 acres conveyed by George
29 Deamantopulas and others, to Krowka by Document 10422646)
30 lying South of the Center of Higgins Road (so called) and
31 West of the West line extended North to center of Higgins
32 Road of East 20.62 chains in the North West 1/4 of
33 Section 4, Township 40 North, Range 12 East of the Third
34 Principal Meridian (except the Right of Way of Chicago
-1542- LRB9101253EGfg
1 and Wisconsin Railroad) in Cook County, Illinois.
2 AREA 4:
3 That part of the Southwest quarter of Section 33,
4 Township 41 North, Range 12 East of the Third Principal
5 Meridian, in Cook County, Illinois, described as follows:
6 Beginning at the intersection of the South line of
7 the Southwest quarter of Section 33 aforesaid with the
8 West line, extended South, of Lot 7 in Frederick H.
9 Bartlett's Higgins Road Farms, being a subdivision
10 recorded December 8, 1938 as Document 12246559; thence
11 North along the aforementioned West line of Lot 7, to the
12 center line of Higgins Road; thence Westerly along the
13 center line of Higgins Road, to the Westerly right-of-way
14 line of the Minneapolis, St. Paul and Sault Ste. Marie
15 Railroad; thence Southerly along said Westerly
16 right-of-way line, to the South line of the Southwest
17 quarter of Section 33 aforesaid; thence East along said
18 South line to the point of beginning.
19 Area 5
20 The North 195.00 feet of the west 365.67 feet of the
21 West 1/2 of the Northeast 1/4 of Section 4, Township 40
22 North, Range 12 East of the Third Principal Meridian.
23 And also
24 The north 50.00 feet of the East 1/2 of the
25 Northwest 1/4 of said Section 4 (except that part lying
26 westerly of the easterly right-of-way line of the
27 Wisconsin Central Railroad, formerly known as the
28 Minneapolis, St. Paul and Sault Ste. Marie Railroad), the
29 east 40.00 feet of the north 195.00 feet except the north
30 50.00 feet thereof of said East 1/2, and all that part of
31 said East 1/2 described as follows: Beginning at the
32 northwest corner of Origer and Davis' Addition to
33 Rosemont, being a subdivision of part of said 1/4 Section
34 according to the plat thereof recorded May 27, 1963 as
-1543- LRB9101253EGfg
1 Document Number 18807143, in Cook County, Illinois;
2 thence westerly along the northerly line of said
3 Subdivision extended westerly to said easterly Railroad
4 right-of-way line; thence northwesterly along said
5 right-of-way line to the southerly line of north 50.00
6 feet of said 1/4 Section; thence easterly along said
7 southerly line to the easterly right-of-way line of
8 Kirschoff Avenue; thence southerly along said
9 right-of-way line to its intersection with the southerly
10 line of Schullo's Resubdivision extended easterly, said
11 Resubdivision being a Resubdivision of part of said 1/4
12 section according to the plat thereof recorded June 17,
13 1960 as Document Number 17885160 in Cook County,
14 Illinois; thence westerly along said southerly line
15 extended and said southerly line to the southwest corner
16 of said Resubdivision; thence northwesterly along the
17 westerly line of said Resubdivision to the northwest
18 corner thereof; thence westerly along the northerly line
19 of said Resubdivision extended westerly to a line
20 parallel with and 40.00 feet easterly of the easterly
21 right-of-way line of said Railroad; thence northwesterly
22 along said parallel line to said point of beginning.
23 And also
24 That part of the Southwest 1/4 of Section 33,
25 Township 41 North, Range 12 East of the Third Principal
26 Meridian lying southerly of the centerline of Higgins
27 Road and easterly of a north line parallel to the south
28 line of said 1/4 Section, beginning 565.84 feet west of
29 the northeast corner of the Northwest 1/4 of Section 4,
30 Township 40 North, Range 12 East of the Third Principal
31 Meridian all in Cook County, Illinois.
32 That part of the Southwest quarter of Section 3, the
33 Southeast quarter of Section 4, the Northeast quarter of
34 Section 9, and the Northwest quarter of Section 10,
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1 Township 40 North, Range 12 East of the Third Principal
2 Meridian, in the Village of Rosemont, Cook County,
3 Illinois, described as follows:
4 Beginning in the West half of the Northeast quarter
5 of Section 9 aforesaid, at the intersection of the South
6 line of 61st Street with the Easterly right of way line
7 of the Minneapolis, St. Paul and Sault Ste. Marie
8 Railroad right-of-way; thence East along the South line
9 of 61st Street and its Easterly extension, to the East
10 line of Pearl Street; thence North along the East line of
11 Pearl Street to the South line of 62nd Street; thence
12 East along the South line of 62nd Street to the Westerly
13 right-of-way line of the Illinois State Toll Road; thence
14 Southerly along the Westerly right-of-way line of the
15 Toll Road to a point on a Westerly extension of the South
16 line of Allen Avenue; thence East along said Westerly
17 extension, and along the South line of Allen Avenue to
18 the West line of Otto Avenue; thence South along the West
19 line of Otto Avenue to a point on a Westerly extension of
20 the North line of the South 30 feet of Lot 12 in First
21 Addition to B.L. Carlsen's Industrial Subdivision, being
22 a Resubdivision in the Northeast quarter of Section 9
23 aforesaid, according to the plat thereof recorded March
24 5, 1962 as Document 18416079; thence East along said
25 Westerly extension, and along the aforementioned North
26 line of the South 30 feet of Lot 12, to the East line of
27 Lot 12; thence North along the East line of Lot 12, being
28 also the East line of the Northeast quarter of Section 9,
29 to the North line of Owner's Division of parts of Lots 4
30 and 5 of Henry Hachmeister's Division, in the Northwest
31 quarter of Section 10, aforesaid, according to the plat
32 thereof recorded April 25, 1949 as Document 14539019;
33 thence East along the North line of said Owner's Division
34 to the West line of Lot 3 in said Owner's Division;
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1 thence South along the West line of Lot 3 to the
2 Southwest corner thereof; thence East along the South
3 line of Lot 3 to the Northwest corner of Lot 4 in said
4 Owner's Division; thence South along the West line of Lot
5 4 to the Southwest corner thereof; thence East along the
6 South line of Lot 4, and said South line extended
7 Easterly, to the Easterly right of way line of River
8 Road; thence Northerly along the Easterly line of River
9 Road to the South line of Crossroads Industrial Park,
10 being a Subdivision in the Northwest quarter of Section
11 10 aforesaid, according to the plat thereof recorded
12 August 8, 1957 as Document 16980725; thence East along
13 the South line of said Crossroads Industrial Park to the
14 Southeast corner thereof; thence Northeasterly along the
15 Easterly line of said Crossroads Industrial Park, and
16 said Easterly line extended, to the North line of Bryn
17 Mawr Avenue, in the Southwest quarter of Section 3
18 aforesaid; thence Northerly along the Westerly line of
19 the Forest Preserve District of Cook County, to the
20 Southerly right-of-way line of the Kennedy Expressway,
21 thence west along and following the southerly
22 right-of-way line of the Kennedy Expressway to the
23 Easterly right-of-way line of the Minneapolis, St. Paul,
24 and Sault Ste. Marie Railroad right-of-way; thence
25 Southeasterly along said Easterly right-of-way line to
26 the point of beginning.
27 (735 ILCS 5/7-103.69 new)
28 Sec. 7-103.69. Quick-take; City of Evanston. Quick-take
29 proceedings under Section 7-103 may be used for a period of
30 one year after July 30, 1998, by the City of Evanston for the
31 acquisition for redevelopment purposes of the real property
32 legally described as:
33 Lots 5 and 6 in Dempster's Subdivision of Block 66
-1546- LRB9101253EGfg
1 in the Village (now City) of Evanston in the South West
2 1/4 of Section 18, Township 41 North, Range 14 East of
3 the Third Principal Meridian, in Cook County, Illinois
4 and commonly known as 906-08 Church Street, Evanston,
5 Illinois; and
6 Lots 7, 8, 9, 10, 11, and 12 in Dempster's
7 Subdivision of Block 66 in Village (now City) of
8 Evanston, in the South West 1/4 of Section 18, Township
9 41 North, Range 14 East of the Third Principal Meridian,
10 in Cook County, Illinois and commonly known as 910-926
11 Church Street, Evanston, Illinois.
12 (735 ILCS 5/7-103.70 new)
13 Sec. 7-103.70. Quick-take; Southwestern Illinois
14 Development Authority. Quick-take proceedings under Section
15 7-103 may be used for a period from May 22, 1998 to August
16 30, 2000, by the Southwestern Illinois Development Authority
17 pursuant to the Southwestern Illinois Development Authority
18 Act for a project as defined in Section 3 of that Act.
19 (735 ILCS 5/9-111.1)
20 Sec. 9-111.1. Lease to bona fide tenant. Upon the entry
21 of a judgment in favor of a board of managers for possession
22 of property under the Condominium Property Act, as provided
23 in Section 9-111 of this Act, and upon delivery of possession
24 of the premises by the sheriff or other authorized official
25 to the board of managers pursuant to execution upon the
26 judgment, the board of managers shall have the right and
27 authority, incidental to the right of possession of a unit
28 under the judgment, but not the obligation, to lease the unit
29 to a bona fide tenant (whether the tenant is in occupancy or
30 not) pursuant to a written lease for a term not to exceed 13
31 months from the date of expiration of the stay of judgment
32 unless extended by order of court upon notice to the
-1547- LRB9101253EGfg
1 dispossessed unit owner. The board of managers shall first
2 apply all rental income to assessments and other charges sued
3 upon in the action for possession plus statutory interest on
4 a monetary judgment, if any, attorneys' fees, and court costs
5 incurred; and then to other expenses lawfully agreed upon
6 (including late charges), any fines and reasonable expenses
7 necessary to make the unit rentable, and lastly to
8 assessments accrued thereafter until assessments are current.
9 Any surplus shall be remitted to the unit owner. The court
10 shall retain jurisdiction to determine the reasonableness of
11 the expense of making the unit rentable.
12 (Source: P.A. 88-417, revised 10-31-98.)
13 (735 ILCS 5/Art. IX, Part 2 heading)
14 Part 2. Recovery of Rent; Termination of Certain Tenancies
15 (735 ILCS 5/12-101) (from Ch. 110, par. 12-101)
16 Sec. 12-101. Lien of judgment. With respect to the
17 creation of liens on real estate by judgments, all real
18 estate in the State of Illinois is divided into 2 classes.
19 The first class consists of all real property, the title
20 to which is registered under "An Act concerning land titles",
21 approved May 1, 1897, as amended.
22 The second class consists of all real property not
23 registered under "An Act concerning land titles".
24 As to real estate in class one, a judgment is a lien on
25 the real estate of the person against whom it is entered for
26 the same period as in class two, when Section 85 of "An Act
27 concerning land titles", has been complied with.
28 As to real estate included within class two, a judgment
29 is a lien on the real estate of the person against whom it is
30 entered in any county in this State, including the county in
31 which it is entered, only from the time a transcript,
32 certified copy or memorandum of the judgment is filed in the
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1 office of the recorder in the county in which the real estate
2 is located. A judgment resulting from the entry of an order
3 requiring child support payments shall be a lien upon the
4 real estate of the person obligated to make the child support
5 payments, but shall not be enforceable in any county of this
6 State until a transcript, certified copy, or memorandum of
7 the lien is filed in the office of the recorder in the county
8 in which the real estate is located. Any lien hereunder
9 arising out of an order for support shall be a lien only as
10 to and from the time that an installment or payment is due
11 under the terms of the order. Further, the order for support
12 shall not be a lien on real estate to the extent of payments
13 made as evidenced by the records of the Clerk of the Circuit
14 Court or State agency receiving payments pursuant to the
15 order. In the event payments made pursuant to that order are
16 not paid to the Clerk of the Circuit Court or a State agency,
17 then each lien imposed by this Section may be released in the
18 following manner:
19 (a) A Notice of Filing and an affidavit stating
20 that all installments of child support required to be
21 paid pursuant to the order under which the lien or liens
22 were imposed have been paid shall be filed with the
23 office of recorder in each county in which each such lien
24 appears of record, together with proof of service of such
25 notice and affidavit upon the recipient of such payments.
26 (b) Service of such affidavit shall be by any means
27 authorized under Sections 2-203 and 2-208 of the Code of
28 Civil Procedure or under Supreme Court Rules 11 or
29 105(b).
30 (c) The Notice of Filing shall set forth the name
31 and address of the judgment debtor and the judgment
32 creditor, the court file number of the order giving rise
33 to the judgment and, in capital letters, the following
34 statement:
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1 YOU ARE HEREBY NOTIFIED THAT ON (insert date) ...., 19..,
2 ..... 19...., and a certified copy of
3 the judgment, issued on (insert date), ....... 19.., by
4 virtue of which .... levied upon the premises hereinafter
5 described, and the time and place of the sale thereof having
6 been duly advertised according to law, the same were struck
7 off and sold to ...., he or she being the highest and best
8 bidder therefor. (If the certificate has been transferred,
9 recite the fact.)
10 Now, therefore, I, ...., of the county of ...., in
11 consideration of the premises, hereby convey to ...., his or
12 her heirs and assigns, the following described lot or parcel
13 of land (here describe the premises) to have and to hold the
14 same with all the appurtenances thereto belonging forever.
15 ............(Date) .................(Signature)
16 (Source: P.A. 83-707; revised 10-19-98.)
17 (735 ILCS 5/12-153) (from Ch. 110, par. 12-153)
18 Sec. 12-153. Form of certificate. The certificate may
19 be substantially in the following form:
20 STATE OF ILLINOIS,)
21 ) ss.
22 ..... County. )
23 I (here state the name of the officer and the title of
24 his or her office) do hereby certify that by virtue of a
25 judgment from the .... court of .... county, in favor of
26 ...., against ...., dated (insert date), the .... day of
27 ...., 19.., I did, on (insert date), the .... day of ....,
28 19.., levy upon the following premises. (Here describe the
29 premises.)
30 (Signature.)
31 (Source: P.A. 82-280; revised 10-20-98.)
32 (735 ILCS 5/12-164) (from Ch. 110, par. 12-164)
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1 Sec. 12-164. Proceedings on delivery bond. If the
2 officer does not obtain satisfaction of the judgment, he or
3 she shall return the bond with the certified copy of the
4 judgment, and the creditor shall be allowed to recover
5 thereon the amount of the judgment, with interest and costs,
6 or if the value of the property so levied upon is shown by
7 the judgment debtor to be less than such judgment and costs,
8 the value thereof, with 10%. damages for the delay.
9 (Source: P.A. 82-280; revised 10-31-98.)
10 (735 ILCS 5/12-183) (from Ch. 110, par. 12-183)
11 Sec. 12-183. Release of judgment.
12 (a) Every judgment creditor, his or her assignee of
13 record or other legal representative having received full
14 satisfaction or payment of all such sums of money as are
15 really due to him or her from the judgment debtor on any
16 judgment rendered in a court shall, at the request of the
17 judgment debtor or his or her legal representative, execute
18 and deliver to the judgment debtor or his or her legal
19 representative an instrument in writing releasing such
20 judgment.
21 (b) If the judgment creditor, his or her assigns of
22 record or other legal representative to whom tender has been
23 made of all sums of money due him or her from the judgment
24 debtor including interest, on any judgment entered by a
25 court, wilfully fails or refuses, at the request of the
26 judgment debtor or his or her legal representative to execute
27 and deliver to the judgment debtor or his or her legal
28 representative an instrument in writing releasing such
29 judgment, the judgment debtor may petition the court in which
30 such judgment is of record, making tender therewith to the
31 court of all sums due in principal and interest on such
32 judgment, for the use of the judgment creditor, his or her
33 executors, administrators or assigns, whereupon the court
-1553- LRB9101253EGfg
1 shall enter an order satisfying the judgment and releasing
2 all liens based on such judgment.
3 (c) For the recording of assignment of any judgment the
4 clerk of the court in which such judgment is of record is
5 allowed a fee of $2.
6 (d) A satisfaction of a judgment may be delivered to the
7 judgment debtor, his or her attorney or to the clerk of the
8 court in which such judgment is of record.
9 (e) The clerk shall not be allowed any fee for recording
10 the satisfaction of judgment. The clerk of the court shall
11 make appropriate notation on the judgment docket of the book
12 and page where any release or assignment of any judgment is
13 recorded.
14 (f) No judgment shall be released of record except by an
15 instrument in writing recorded in the court in which such
16 judgment is of record. However, nothing contained in this
17 Section affects in any manner the validity of any release of
18 judgment made, prior to January 1, 1952, in judgment and
19 execution dockets by the judgment creditor, his or her
20 attorney, assignee or other legal representative.
21 (g) The writ of audita querela is abolished and all
22 relief heretofore obtainable and grounds for such relief
23 heretofore available, whether by the writ of audita querela
24 or otherwise, shall be available in every case by petition
25 hereunder, regardless of the nature of the order or judgment
26 from which relief is sought or of the proceeding in which it
27 was entered. There shall be no distinction between actions
28 and other proceedings, statutory or otherwise, as to
29 availability of relief, grounds for relief or relief
30 obtainable. The petition shall be filed in the same
31 proceeding in which the order or judgment was entered and
32 shall be supported by affidavit or other appropriate showing
33 as to matters not of record. All parties to the petition
34 shall be notified as provided by rule.
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1 (h) Upon the filing of a release or satisfaction in full
2 satisfaction of judgment, signed by the party in whose favor
3 the judgment was entered or his or her attorney, the court
4 shall vacate the judgment, and dismiss the action.
5 (i) Any judgment arising out of an order for support
6 shall not be a judgment to the extent of payments made as
7 evidenced by the records of the Clerk of the Circuit Court or
8 State agency receiving payments pursuant to the order. In
9 the event payments made pursuant to that order are not paid
10 to the Clerk of the Circuit Court or a State agency, then any
11 judgment arising out of each order for support may be
12 released in the following manner:
13 (1) A Notice of Filing and an affidavit stating that all
14 installments of child support required to be paid pursuant to
15 the order under which the judgment or judgments were entered
16 have been paid shall be filed with the office of the court or
17 agency entering said order for support, together with proof
18 of service of such notice and affidavit upon the recipient of
19 such payments.
20 (2) Service of such affidavit shall be by any means
21 authorized under Sections 2-203 and 2-208 of the Code of
22 Civil Procedure or under Supreme Court Rules 11 or 105(b).
23 (3) The Notice of Filing shall set forth the name and
24 address of the judgment debtor and the judgment creditor, the
25 court file number of the order giving rise to the judgment
26 and, in capital letters, the following statement:
27 YOU ARE HEREBY NOTIFIED THAT ON (insert date) ...., 19..
28 , THE ATTACHED AFFIDAVIT WAS FILED IN THE OFFICE OF THE CLERK
29 OF THE CIRCUIT COURT OF .... COUNTY, ILLINOIS, WHOSE ADDRESS
30 IS ........, ILLINOIS. IF, WITHIN 28 DAYS OF THE DATE OF
31 THIS NOTICE, YOU FAIL TO FILE AN AFFIDAVIT OBJECTING TO THE
32 SATISFACTION OF THE STATED JUDGMENT OR JUDGMENTS IN THE ABOVE
33 OFFICE, THE SAID JUDGMENTS WILL BE DEEMED TO BE SATISFIED AND
34 NOT ENFORCEABLE. THE SATISFACTION WILL NOT PREVENT YOU FROM
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1 ENFORCING THE ORDER FOR SUPPORT THROUGH THE COURT.
2 (4) If no affidavit objecting to the satisfaction of the
3 judgment or judgments is filed within 28 days of the Notice
4 described in paragraph (3) of this subsection (i), such
5 judgment or judgments shall be deemed to be satisfied and not
6 enforceable.
7 (Source: P.A. 85-1156; revised 10-19-98.)
8 (735 ILCS 5/15-1504) (from Ch. 110, par. 15-1504)
9 Sec. 15-1504. Pleadings and service.
10 (a) Form of Complaint. A foreclosure complaint may be
11 in substantially the following form:
12 (1) Plaintiff files this complaint to foreclose the
13 mortgage (or other conveyance in the nature of a
14 mortgage) (hereinafter called "mortgage") hereinafter
15 described and joins the following person as defendants:
16 (here insert names of all defendants).
17 (2) Attached as Exhibit "A" is a copy of the
18 mortgage and as Exhibit "B" is a copy of the note secured
19 thereby.
20 (3) Information concerning mortgage:
21 (A) Nature of instrument: (here insert whether
22 a mortgage, trust deed or other instrument in the
23 nature of a mortgage, etc.)
24 (B) Date of mortgage:
25 (C) Name of mortgagor:
26 (D) Name of mortgagee:
27 (E) Date and place of recording:
28 (F) Identification of recording: (here insert
29 book and page number or document number)
30 (G) Interest subject to the mortgage: (here
31 insert whether fee simple, estate for years,
32 undivided interest, etc.)
33 (H) Amount of original indebtedness, including
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1 subsequent advances made under the mortgage:
2 (I) Both the legal description of the
3 mortgaged real estate and the common address or
4 other information sufficient to identify it with
5 reasonable certainty:
6 (J) Statement as to defaults, including, but
7 not necessarily limited to, date of default, current
8 unpaid principal balance, per diem interest
9 accruing, and any further information concerning the
10 default:
11 (K) Name of present owner of the real estate:
12 (L) Names of other persons who are joined as
13 defendants and whose interest in or lien on the
14 mortgaged real estate is sought to be terminated:
15 (M) Names of defendants claimed to be
16 personally liable for deficiency, if any:
17 (N) Capacity in which plaintiff brings this
18 foreclosure (here indicate whether plaintiff is the
19 legal holder of the indebtedness, a pledgee, an
20 agent, the trustee under a trust deed or otherwise,
21 as appropriate):
22 (O) Facts in support of redemption period
23 shorter than the longer of (i) 7 months from the
24 date the mortgagor or, if more than one, all the
25 mortgagors (I) have been served with summons or by
26 publication or (II) have otherwise submitted to the
27 jurisdiction of the court, or (ii) 3 months from the
28 entry of the judgment of foreclosure, if sought
29 (here indicate whether based upon the real estate
30 not being residential, abandonment, or real estate
31 value less than 90% of amount owed, etc.):
32 (P) Statement that the right of redemption has
33 been waived by all owners of redemption, if
34 applicable:
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1 (Q) Facts in support of request for attorneys'
2 fees and of costs and expenses, if applicable:
3 (R) Facts in support of a request for
4 appointment of mortgagee in possession or for
5 appointment of receiver, and identity of such
6 receiver, if sought:
7 (S) Offer to mortgagor in accordance with
8 Section 15-1402 to accept title to the real estate
9 in satisfaction of all indebtedness and obligations
10 secured by the mortgage without judicial sale, if
11 sought:
12 (T) Name or names of defendants whose right to
13 possess the mortgaged real estate, after the
14 confirmation of a foreclosure sale, is sought to be
15 terminated and, if not elsewhere stated, the facts
16 in support thereof:
17 REQUEST FOR RELIEF
18 Plaintiff requests:
19 (i) A judgment of foreclosure and sale.
20 (ii) An order granting a shortened redemption
21 period, if sought.
22 (iii) A personal judgment for a deficiency, if
23 sought.
24 (iv) An order granting possession, if sought.
25 (v) An order placing the mortgagee in possession or
26 appointing a receiver, if sought.
27 (vi) A judgment for attorneys' fees, costs and
28 expenses, if sought.
29 (b) Required Information. A foreclosure complaint need
30 contain only such statements and requests called for by the
31 form set forth in subsection (a) of Section 15-1504 as may be
32 appropriate for the relief sought. Such complaint may be
33 filed as a counterclaim, may be joined with other counts or
-1558- LRB9101253EGfg
1 may include in the same count additional matters or a request
2 for any additional relief permitted by Article II of the Code
3 of Civil Procedure.
4 (c) Allegations. The statements contained in a
5 complaint in the form set forth in subsection (a) of Section
6 15-1504 are deemed and construed to include allegations as
7 follows:
8 (1) on the date indicated the obligor of the
9 indebtedness or other obligations secured by the mortgage
10 was justly indebted in the amount of the indicated
11 original indebtedness to the original mortgagee or payee
12 of the mortgage note;
13 (2) that the exhibits attached are true and correct
14 copies of the mortgage and note and are incorporated and
15 made a part of the complaint by express reference;
16 (3) that the mortgagor was at the date indicated an
17 owner of the interest in the real estate described in the
18 complaint and that as of that date made, executed and
19 delivered the mortgage as security for the note or other
20 obligations;
21 (4) that the mortgage was recorded in the county in
22 which the mortgaged real estate is located, on the date
23 indicated, in the book and page or as the document number
24 indicated;
25 (5) that defaults occurred as indicated;
26 (6) that at the time of the filing of the complaint
27 the persons named as present owners are the owners of the
28 indicated interests in and to the real estate described;
29 (7) that the mortgage constitutes a valid, prior
30 and paramount lien upon the indicated interest in the
31 mortgaged real estate, which lien is prior and superior
32 to the right, title, interest, claim or lien of all
33 parties and nonrecord claimants whose interests in the
34 mortgaged real estate are sought to be terminated;
-1559- LRB9101253EGfg
1 (8) that by reason of the defaults alleged, if the
2 indebtedness has not matured by its terms, the same has
3 become due by the exercise, by the plaintiff or other
4 persons having such power, of a right or power to declare
5 immediately due and payable the whole of all indebtedness
6 secured by the mortgage;
7 (9) that any and all notices of default or election
8 to declare the indebtedness due and payable or other
9 notices required to be given have been duly and properly
10 given;
11 (10) that any and all periods of grace or other
12 period of time allowed for the performance of the
13 covenants or conditions claimed to be breached or for the
14 curing of any breaches have expired; and
15 (11) that the amounts indicated in the statement in
16 the complaint are correctly stated and if such statement
17 indicates any advances made or to be made by the
18 plaintiff or owner of the mortgage indebtedness, that
19 such advances were, in fact, made or will be required to
20 be made, and under and by virtue of the mortgage the same
21 constitute additional indebtedness secured by the
22 mortgage; and .
23 (12) that, upon confirmation of the sale, the
24 holder of the certificate of sale or deed issued pursuant
25 to that certificate or, if no certificate or deed was
26 issued, the purchaser at the sale will be entitled to
27 full possession of the mortgaged real estate against the
28 parties named in clause (T) of paragraph (3) of
29 subsection (a) of Section 15-1504 or elsewhere to the
30 same effect; the omission of any party indicates that
31 plaintiff will not seek a possessory order in the order
32 confirming sale unless the request is subsequently made
33 under subsection (h) of Section 15-1701 or by separate
34 action under Article 9 of this Code.
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1 (d) Request for Fees and Costs. A statement in the
2 complaint that plaintiff seeks the inclusion of attorneys'
3 fees and of costs and expenses shall be deemed and construed
4 to include allegations that:
5 (1) plaintiff has been compelled to employ and
6 retain attorneys to prepare and file the complaint and to
7 represent and advise the plaintiff in the foreclosure of
8 the mortgage and the plaintiff will thereby become liable
9 for the usual, reasonable and customary fees of the
10 attorneys in that behalf;
11 (2) that the plaintiff has been compelled to
12 advance or will be compelled to advance, various sums of
13 money in payment of costs, fees, expenses and
14 disbursements incurred in connection with the
15 foreclosure, including, without limiting the generality
16 of the foregoing, filing fees, stenographer's fees,
17 witness fees, costs of publication, costs of procuring
18 and preparing documentary evidence and costs of procuring
19 abstracts of title, Torrens certificates, foreclosure
20 minutes and a title insurance policy;
21 (3) that under the terms of the mortgage, all such
22 advances, costs, attorneys' fees and other fees, expenses
23 and disbursements are made a lien upon the mortgaged real
24 estate and the plaintiff is entitled to recover all such
25 advances, costs, attorneys' fees, expenses and
26 disbursements, together with interest on all advances at
27 the rate provided in the mortgage, or, if no rate is
28 provided therein, at the statutory judgment rate, from
29 the date on which such advances are made;
30 (4) that in order to protect the lien of the
31 mortgage, it may become necessary for plaintiff to pay
32 taxes and assessments which have been or may be levied
33 upon the mortgaged real estate;
34 (5) that in order to protect and preserve the
-1561- LRB9101253EGfg
1 mortgaged real estate, it may also become necessary for
2 the plaintiff to pay liability (protecting mortgagor and
3 mortgagee), fire and other hazard insurance premiums on
4 the mortgaged real estate, make such repairs to the
5 mortgaged real estate as may reasonably be deemed
6 necessary for the proper preservation thereof, advance
7 for costs to inspect the mortgaged real estate or to
8 appraise it, or both, and advance for premiums for
9 pre-existing private or governmental mortgage insurance
10 to the extent required after a foreclosure is commenced
11 in order to keep such insurance in force; and
12 (6) that under the terms of the mortgage, any money
13 so paid or expended will become an additional
14 indebtedness secured by the mortgage and will bear
15 interest from the date such monies are advanced at the
16 rate provided in the mortgage, or, if no rate is
17 provided, at the statutory judgment rate.
18 (e) Request for Foreclosure. The request for
19 foreclosure is deemed and construed to mean that the
20 plaintiff requests that:
21 (1) an accounting may be taken under the direction
22 of the court of the amounts due and owing to the
23 plaintiff;
24 (2) that the defendants be ordered to pay to the
25 plaintiff before expiration of any redemption period (or,
26 if no redemption period, before a short date fixed by the
27 court) whatever sums may appear to be due upon the taking
28 of such account, together with attorneys' fees and costs
29 of the proceedings (to the extent provided in the
30 mortgage or by law);
31 (3) that in default of such payment in accordance
32 with the judgment, the mortgaged real estate be sold as
33 directed by the court, to satisfy the amount due to the
34 plaintiff as set forth in the judgment, together with the
-1562- LRB9101253EGfg
1 interest thereon at the statutory judgment rate from the
2 date of the judgment;
3 (4) that in the event the plaintiff is a purchaser
4 of the mortgaged real estate at such sale, the plaintiff
5 may offset against the purchase price of such real estate
6 the amounts due under the judgment of foreclosure and
7 order confirming the sale;
8 (5) that in the event of such sale and the failure
9 of any person entitled thereto to redeem prior to such
10 sale pursuant to this Article, the defendants made
11 parties to the foreclosure in accordance with this
12 Article, and all nonrecord claimants given notice of the
13 foreclosure in accordance with this Article, and all
14 persons claiming by, through or under them, and each and
15 any and all of them, may be forever barred and foreclosed
16 of any right, title, interest, claim, lien, or right to
17 redeem in and to the mortgaged real estate; and
18 (6) that if no redemption is made prior to such
19 sale, a deed may be issued to the purchaser thereat
20 according to law and such purchaser be let into
21 possession of the mortgaged real estate in accordance
22 with Part 17 of this Article.
23 (f) Request for Deficiency Judgment. A request for a
24 personal judgment for a deficiency in a foreclosure complaint
25 if the sale of the mortgaged real estate fails to produce a
26 sufficient amount to pay the amount found due, the plaintiff
27 may have a personal judgment against any party in the
28 foreclosure indicated as being personally liable therefor and
29 the enforcement thereof be had as provided by law.
30 (g) Request for Possession or Receiver. A request for
31 possession or appointment of a receiver has the meaning as
32 stated in subsection (b) of Section 15-1706.
33 (h) Answers by Parties. Any party may assert its
34 interest by counterclaim and such counterclaim may at the
-1563- LRB9101253EGfg
1 option of that party stand in lieu of answer to the complaint
2 for foreclosure and all counter complaints previously or
3 thereafter filed in the foreclosure. Any such counterclaim
4 shall be deemed to constitute a statement that the counter
5 claimant does not have sufficient knowledge to form a belief
6 as to the truth or falsity of the allegations of the
7 complaint and all other counterclaims, except to the extent
8 that the counterclaim admits or specifically denies such
9 allegations.
10 (Source: P.A. 88-265; revised 10-31-98.)
11 Section 251. The Interference With Utility Services Act
12 is amended by changing Section 4 as follows:
13 (740 ILCS 95/4) (from Ch. 111 2/3, par. 1504)
14 Sec. 4. The rebuttable presumption provided in
15 subsection (c) of Section 16-14 of the Criminal Code of 1961,
16 as now or hereafter amended, shall be fully applicable to all
17 causes of actions brought pursuant to this Act. The
18 presumption provided shall only shift the burden of going
19 forward with evidence, and shall in no event shift the burden
20 of proof to the defendant. Any evidence of a judgment
21 entered based on a finding of guilt, plea of guilty or
22 stipulation of guilt in a criminal cause of action brought
23 pursuant to Section 16-14 of the Criminal Code of 1961, as
24 now or hereafter amended, shall be admissible admissable in
25 any civil action brought pursuant to this Act to prove any
26 fact essential to sustaining a judgment. The pendency of an
27 appeal may be shown but does not affect the admissibility
28 admissability of evidence under this Section.
29 (Source: P.A. 86-379; revised 3-10-98.)
30 Section 252. The Mental Health and Developmental
31 Disabilities Confidentiality Act is amended by changing
-1564- LRB9101253EGfg
1 Section 11 as follows:
2 (740 ILCS 110/11) (from Ch. 91 1/2, par. 811)
3 Sec. 11. Disclosure of records and communications.
4 Records and communications may be disclosed:,
5 (i) in accordance with the provisions of the Abused
6 and Neglected Child Reporting Act;
7 (ii) when, and to the extent, a therapist, in his
8 or her sole discretion, determines that disclosure is
9 necessary to initiate or continue civil commitment
10 proceedings under the laws of this State or to otherwise
11 protect the recipient or other person against a clear,
12 imminent risk of serious physical or mental injury or
13 disease or death being inflicted upon the recipient or by
14 the recipient on himself or another;
15 (iii) when, and to the extent disclosure is, in the
16 sole discretion of the therapist, necessary to the
17 provision of emergency medical care to a recipient who is
18 unable to assert or waive his or her rights hereunder;
19 (iv) when disclosure is necessary to collect sums
20 or receive third party payment representing charges for
21 mental health or developmental disabilities services
22 provided by a therapist or agency to a recipient under
23 Chapter V of the Mental Health and Developmental
24 Disabilities Code or to transfer debts under the
25 Uncollected State Claims Act; however, disclosure shall
26 be limited to information needed to pursue collection,
27 and the information so disclosed shall not be used for
28 any other purposes nor shall it be redisclosed except in
29 connection with collection activities;
30 (v) when requested by a family member, the
31 Department of Human Services may assist in the location
32 of the interment site of a deceased recipient who is
33 interred in a cemetery established under Section 100-26
-1565- LRB9101253EGfg
1 of the Mental Health and Developmental Disabilities
2 Administrative Act;
3 (vi) in judicial proceedings under Article VIII of
4 Chapter III and Article V of Chapter IV of the Mental
5 Health and Developmental Disabilities Code and
6 proceedings and investigations preliminary thereto, to
7 the State's Attorney for the county or residence of a
8 person who is the subject of such proceedings, or in
9 which the person is found, or in which the facility is
10 located, to the attorney representing the recipient in
11 the judicial proceedings, to any person or agency
12 providing mental health services that are the subject of
13 the proceedings and to that person's or agency's
14 attorney, to any court personnel, including but not
15 limited to judges and circuit court clerks, and to a
16 guardian ad litem if one has been appointed by the court,
17 provided that the information so disclosed shall not be
18 utilized for any other purpose nor be redisclosed except
19 in connection with the proceedings or investigations;
20 (vii) when, and to the extent disclosure is
21 necessary to comply with the requirements of the Census
22 Bureau in taking the federal Decennial Census;
23 (viii) when, and to the extent, in the therapist's
24 sole discretion, disclosure is necessary to warn or
25 protect a specific individual against whom a recipient
26 has made a specific threat of violence where there exists
27 a therapist-recipient relationship or a special
28 recipient-individual relationship;
29 (ix) in accordance with the Sex Offender
30 Registration Act; and
31 (x) in accordance with the Rights of Crime Victims
32 and Witnesses Act.
33 Any person, institution, or agency, under this Act,
34 participating in good faith in the making of a report under
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1 the Abused and Neglected Child Reporting Act or in the
2 disclosure of records and communications under this Section,
3 shall have immunity from any liability, civil, criminal or
4 otherwise, that might result by reason of such action. For
5 the purpose of any proceeding, civil or criminal, arising out
6 of a report or disclosure under this Section, the good faith
7 of any person, institution, or agency so reporting or
8 disclosing shall be presumed.
9 (Source: P.A. 89-439, eff. 6-1-96; 89-507, eff. 7-1-97;
10 90-423, eff. 8-15-97; 90-538, eff. 12-1-97; 90-655, eff.
11 7-30-98; revised 10-31-98.)
12 Section 253. The Oil Spill Responders Liability Act is
13 amended by changing Section 5 as follows:
14 (740 ILCS 113/5)
15 Sec. 5. Definitions. As used in this Act:.
16 "Damages" means damages of any kind for which liability
17 may exist under the laws of this State resulting from,
18 arising out of, or related to the discharge or threatened
19 discharge of oil.
20 "Discharge" means an emission, other than natural
21 seepage, intentional or unintentional, and includes, but is
22 not limited to, spilling, leaking, pumping, pouring,
23 emitting, emptying, or dumping.
24 "Federal on-scene coordinator" means the federal official
25 predesignated by the United States Environmental Protection
26 Agency or the United States Coast Guard to coordinate and
27 direct federal responses under subpart D, or the official
28 designated by the lead agency to coordinate and direct
29 removal under subpart E, of the National Contingency Plan.
30 "National Contingency Plan" means the National
31 Contingency Plan prepared and published under Section 311(d)
32 of the federal Water Pollution Control Act, 33 U.S.C.
-1567- LRB9101253EGfg
1 1321(d), as amended by the Oil Pollution Act of 1980, Public
2 Law No. 101-380.
3 "Oil" means oil of any kind or in any form, including,
4 but not limited to, petroleum, fuel oil, sludge, oil refuse,
5 and oil mixed with waste other than dredged spoil, but does
6 not include petroleum, including crude oil or any fraction of
7 crude oil, that is specifically listed or designated as a
8 hazardous substance under subparagraphs (A) through (F) of
9 Section 101(14) of the federal Comprehensive Environmental
10 Response Compensation and Liability Act (42 U.S.C. 9601) and
11 that is subject to the provision of that Act.
12 "Person" means an individual, a corporation, a
13 partnership, an association, the State, a municipality, a
14 commission, or a political subdivision of the State, or an
15 interstate body.
16 "Removal costs" means the costs of removal incurred after
17 a discharge of oil or, when there is a substantial threat of
18 a discharge of oil, the costs to prevent, minimize, or
19 mitigate oil pollution from an incident.
20 "Responsible party" means a responsible party as defined
21 under Section 1001 of the Oil Pollution Act of 1990, Public
22 Law No. 101-380.
23 (Source: P.A. 88-521; revised 10-31-98.)
24 Section 254. The Illinois Wage Assignment Act is amended
25 by changing Sections 2.1 and 4.1 as follows:
26 (740 ILCS 170/2.1) (from Ch. 48, par. 39.2a)
27 Sec. 2.1. A demand shall be in the following form:
28 "Demand is hereby made upon an assignment of salary,
29 wages, commissions or other compensation for services,
30 executed by .... and delivered to .... on (insert date), the
31 .... day of ...., 19.., to secure a debt contracted on
32 (insert date). the .... day of ...., 19...
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1 The total amount of the debt is $..... Payments in the
2 amount of $.... have been made. The duration of the contract
3 is .... months. There is now due and owing without
4 acceleration the sum of $...., the last payment having been
5 made on (insert date). the .... day of 19...
6 The employee herein named has been in default in his
7 payments in the amount of $...., of which $.... has been due
8 and owing for more than 40 days.
9 Unless you have received within the past 20 days, or do
10 receive within 5 days after the service hereof, a notice of
11 defense from the employee herein named, you are required by
12 law to make payment in accordance with such assignment.
13 ...., first being duly sworn, deposes and says that the facts
14 stated in the demand above are true and correct; and further
15 deposes and says that he (or his principal, if he is an agent
16 for the assignee) has no notice of any defenses of the
17 debtor.
18 ...........................
19 Subscribed and sworn to before me on (insert date). this
20 .... day of ...., 19...
21 ...........................
22 Notary Public".
23 (Source: P.A. 84-1438; revised 10-20-98.)
24 (740 ILCS 170/4.1) (from Ch. 48, par. 39.4a)
25 Sec. 4.1. Within 20 days after receiving the notice
26 required by Section 2 or within 5 days after service of the
27 demand, the employee may notify his employer, in writing, of
28 any defense he may have to the wage assignment. A copy of
29 such notice shall be served upon the creditor by registered
30 or certified mail. If served upon the creditor prior to the
31 creditor's service of demand upon the employer, such demand
32 shall not be served by the creditor. The notice shall be by
33 affidavit and shall be in substantially the following form:
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1 "I, ...., hereby (swear) (affirm) that I have a bona fide
2 defense to the claim of ...., which claim is based on a debt
3 contracted on (insert date), the .... day of ...., 19.., and
4 for security on which debt a wage assignment was executed.
5 ..............................
6 Address for service of summons
7 ..............................
8 Employee
9 Subscribed and sworn to before me on (insert date). this
10 .... day of ...., 19...
11 ............................."
12 Notary Public
13 (Source: P.A. 77-2767; revised 10-20-98.)
14 Section 255. The Local Governmental and Governmental
15 Employees Tort Immunity Act is amended by changing Section
16 6-107 as follows:
17 (745 ILCS 10/6-107) (from Ch. 85, par. 6-107)
18 Sec. 6-107. (a) Neither a local public entity nor a
19 public employee acting within the scope of his employment is
20 liable for any injury resulting from determining in
21 accordance with any applicable enactment:
22 (1) Whether to confine a person for mental illness
23 or addiction.
24 (2) The terms and conditions of confinement for
25 mental illness or addiction in a medical facility
26 operated or maintained by a local public entity.
27 (3) Whether to parole or release a person from
28 confinement for mental illness or addiction in a medical
29 facility operated or maintained by a local public entity.
30 (a) A public employee is not liable for carrying out a
31 determination described in this subdivision (a).
32 (b) Nothing in this Section exonerates a public employee
-1570- LRB9101253EGfg
1 from liability for false arrest or false imprisonment.
2 (Source: Laws 1965, p. 2983, revised 10-31-98.)
3 Section 256. The Illinois Marriage and Dissolution of
4 Marriage Act is amended by changing Sections 504, 505.1, 507,
5 607, 705, and 706.1 as follows:
6 (750 ILCS 5/504) (from Ch. 40, par. 504)
7 Sec. 504. Maintenance.
8 (a) In a proceeding for dissolution of marriage or legal
9 separation or declaration of invalidity of marriage, or a
10 proceeding for maintenance following dissolution of the
11 marriage by a court which lacked personal jurisdiction over
12 the absent spouse, the court may grant a temporary or
13 permanent maintenance award for either spouse in amounts and
14 for periods of time as the court deems just, without regard
15 to marital misconduct, in gross or for fixed or indefinite
16 periods of time, and the maintenance may be paid from the
17 income or property of the other spouse after consideration of
18 all relevant factors, including:
19 (1) the income and property of each party,
20 including marital property apportioned and non-marital
21 property assigned to the party seeking maintenance;
22 (2) the needs of each party;
23 (3) the present and future earning capacity of each
24 party;
25 (4) any impairment of the present and future
26 earning capacity of the party seeking maintenance due to
27 that party devoting time to domestic duties or having
28 forgone foregone or delayed education, training,
29 employment, or career opportunities due to the marriage;
30 (5) the time necessary to enable the party seeking
31 maintenance to acquire appropriate education, training,
32 and employment, and whether that party is able to support
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1 himself or herself through appropriate employment or is
2 the custodian of a child making it appropriate that the
3 custodian not seek employment;
4 (6) the standard of living established during the
5 marriage;
6 (7) the duration of the marriage;
7 (8) the age and the physical and emotional
8 condition of both parties;
9 (9) the tax consequences of the property division
10 upon the respective economic circumstances of the
11 parties;
12 (10) contributions and services by the party
13 seeking maintenance to the education, training, career or
14 career potential, or license of the other spouse;
15 (11) any valid agreement of the parties; and
16 (12) any other factor that the court expressly
17 finds to be just and equitable.
18 (b) (Blank).
19 (c) The court may grant and enforce the payment of
20 maintenance during the pendency of an appeal as the court
21 shall deem reasonable and proper.
22 (d) No maintenance shall accrue during the period in
23 which a party is imprisoned for failure to comply with the
24 court's order for the payment of such maintenance.
25 (e) When maintenance is to be paid through the clerk of
26 the court in a county of 1,000,000 inhabitants or less, the
27 order shall direct the obligor to pay to the clerk, in
28 addition to the maintenance payments, all fees imposed by the
29 county board under paragraph (3) of subsection (u) of Section
30 27.1 of the Clerks of Courts Act. Unless paid in cash or
31 pursuant to an order for withholding, the payment of the fee
32 shall be by a separate instrument from the support payment
33 and shall be made to the order of the Clerk.
34 (Source: P.A. 86-969; 87-881; revised 10-31-98.)
-1572- LRB9101253EGfg
1 (750 ILCS 5/505.1) (from Ch. 40, par. 505.1)
2 Sec. 505.1. (a) Whenever it is determined in a
3 proceeding to establish or enforce a child support or
4 maintenance obligation that the person owing a duty of
5 support is unemployed, the court may order the person to seek
6 employment and report periodically to the court with a diary,
7 listing or other memorandum of his or her efforts in
8 accordance with such order. Additionally, the court may order
9 the unemployed person to report to the Department of
10 Employment Security for job search services or to make
11 application with the local Job Jobs Training Partnership Act
12 provider for participation in job search, training or work
13 programs and where the duty of support is owed to a child
14 receiving support services under Article X of the Illinois
15 Public Aid Code, as amended, the court may order the
16 unemployed person to report to the Illinois Department of
17 Public Aid for participation in job search, training or work
18 programs established under Section 9-6 and Article IXA of
19 that Code.
20 (b) Whenever it is determined that a person owes
21 past-due support for a child or for a child and the parent
22 with whom the child is living, and the child is receiving
23 assistance under the Illinois Public Aid Code, the court
24 shall order at the request of the Illinois Department of
25 Public Aid:
26 (1) that the person pay the past-due support in
27 accordance with a plan approved by the court; or
28 (2) if the person owing past-due support is
29 unemployed, is subject to such a plan, and is not
30 incapacitated, that the person participate in such job
31 search, training, or work programs established under
32 Section 9-6 and Article IXA of the Illinois Public Aid
33 Code as the court deems appropriate.
34 (Source: P.A. 90-18, eff. 7-1-97; revised 10-31-98.)
-1573- LRB9101253EGfg
1 (750 ILCS 5/507) (from Ch. 40, par. 507)
2 Sec. 507. Payment of maintenance or support to court.
3 (a) In actions instituted under this Act, the court
4 shall order that maintenance and support payments be made to
5 the clerk of court as trustee for remittance to the person
6 entitled to receive the payments. However, the court in its
7 discretion may direct otherwise where circumstances so
8 warrant.
9 in accordance with the Income Withholding for Support
10 Upon notification in writing or by electronic
11 transmission from the Illinois Department of Public Aid to
12 the clerk of the court that a person who is receiving support
13 payments under this Section is receiving services under the
14 Child Support Enforcement Program established by Title IV-D
15 of the Social Security Act, any support payments subsequently
16 received by the clerk of the court shall be transmitted in
17 accordance with the instructions of the Illinois Department
18 of Public Aid until the Department gives notice to the clerk
19 of the court to cease the transmittal. After providing the
20 notification authorized under this paragraph, the Illinois
21 Department of Public Aid shall be entitled as a party to
22 notice of any further proceedings in the case. The clerk of
23 the court shall file a copy of the Illinois Department of
24 Public Aid's notification in the court file. The failure of
25 the clerk to file a copy of the notification in the court
26 file shall not, however, affect the Illinois Department of
27 Public Aid's right to receive notice of further proceedings.
28 (b) The clerk of court shall maintain records listing
29 the amount of payments, the date payments are required to be
30 made and the names and addresses of the parties affected by
31 the order. For those cases in which support is payable to the
32 clerk of the circuit court for transmittal to the Illinois
33 Department of Public Aid by order of the court or upon
34 notification of the Illinois Department of Public Aid, and
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1 the Illinois Department of Public Aid collects support by
2 assignment, offset, withholding, deduction or other process
3 permitted by law, the Illinois Department shall notify the
4 clerk of the date and amount of such collection. Upon
5 notification, the clerk shall record the collection on the
6 payment record for the case.
7 (c) The parties affected by the order shall inform the
8 clerk of court of any change of address or of other condition
9 that may affect the administration of the order.
10 (d) The provisions of this Section shall not apply to
11 cases that come under the provisions of Sections 709 through
12 712.
13 (Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99;
14 90-790, eff. 8-14-98; revised 9-14-98.)
15 (750 ILCS 5/607) (from Ch. 40, par. 607)
16 (Text of Section before amendment by P.A. 90-801)
17 Sec. 607. Visitation.
18 (a) A parent not granted custody of the child is
19 entitled to reasonable visitation rights unless the court
20 finds, after a hearing, that visitation would endanger
21 seriously the child's physical, mental, moral or emotional
22 health. If the custodian's street address is not identified,
23 pursuant to Section 708, the court shall require the parties
24 to identify reasonable alternative arrangements for
25 visitation by a non-custodial parent, including but not
26 limited to visitation of the minor child at the residence of
27 another person or at a local public or private facility.
28 (b) (1) The court may grant reasonable visitation
29 privileges to a grandparent, great-grandparent, or sibling of
30 any minor child upon petition to the court by the
31 grandparents or great-grandparents or on behalf of the
32 sibling, with notice to the parties required to be notified
33 under Section 601 of this Act, if the court determines that
-1575- LRB9101253EGfg
1 it is in the best interests and welfare of the child, and may
2 issue any necessary orders to enforce such visitation
3 privileges. Except as provided in paragraph (2) of this
4 subsection (b), a petition for visitation privileges may be
5 filed under this paragraph (1) whether or not a petition
6 pursuant to this Act has been previously filed or is
7 currently pending if one or more of the following
8 circumstances exist:
9 (A) the parents are not currently cohabiting on a
10 permanent or an indefinite basis;
11 (B) one of the parents has been absent from the
12 marital abode for more than one month without the spouse
13 knowing his or her whereabouts;
14 (C) one of the parents is deceased;
15 (D) one of the parents joins in the petition with
16 the grandparents, great-grandparents, or sibling; or
17 (E) a sibling is in State custody.
18 (1.5) The Court may grant reasonable visitation
19 privileges to a stepparent upon petition to the court by the
20 stepparent, with notice to the parties required to be
21 notified under Section 601 of this Act, if the court
22 determines that it is in the best interests and welfare of
23 the child, and may issue any necessary orders to enforce
24 those visitation privileges. A petition for visitation
25 privileges may be filed under this paragraph (1.5) whether or
26 not a petition pursuant to this Act has been previously filed
27 or is currently pending if the following circumstances are
28 met:
29 (A) the child is at least 12 years old;
30 (B) the child resided continuously with the parent
31 and stepparent for at least 5 years;
32 (C) the parent is deceased or is disabled and is
33 unable to care for the child;
34 (D) the child wishes to have reasonable visitation
-1576- LRB9101253EGfg
1 with the stepparent; and
2 (E) the stepparent was providing for the care,
3 control, and welfare to the child prior to the initiation
4 of the petition for visitation.
5 (2)(A) A petition for visitation privileges shall not be
6 filed pursuant to this subsection (b) by the parents or
7 grandparents of a putative father if the paternity of the
8 putative father has not been legally established.
9 (B) A petition for visitation privileges may not be
10 filed under this subsection (b) if the child who is the
11 subject of the grandparents' or great-grandparents' petition
12 has been voluntarily surrendered by the parent or parents,
13 except for a surrender to the Illinois Department of Children
14 and Family Services or a foster care facility, or has been
15 previously adopted by an individual or individuals who are
16 not related to the biological parents of the child or is the
17 subject of a pending adoption petition by an individual or
18 individuals who are not related to the biological parents of
19 the child.
20 (3) When one parent is deceased, the surviving parent
21 shall not interfere with the visitation rights of the
22 grandparents.
23 (c) The court may modify an order granting or denying
24 visitation rights whenever modification would serve the best
25 interest of the child; but the court shall not restrict a
26 parent's visitation rights unless it finds that the
27 visitation would endanger seriously the child's physical,
28 mental, moral or emotional health.
29 (d) If any court has entered an order prohibiting a
30 non-custodial parent of a child from any contact with a child
31 or restricting the non-custodial parent's contact with the
32 child, the following provisions shall apply:
33 (1) If an order has been entered granting
34 visitation privileges with the child to a grandparent or
-1577- LRB9101253EGfg
1 great-grandparent who is related to the child through the
2 non-custodial parent, the visitation privileges of the
3 grandparent or great-grandparent may be revoked if:
4 (i) a court has entered an order prohibiting
5 the non-custodial parent from any contact with the
6 child, and the grandparent or great-grandparent is
7 found to have used his or her visitation privileges
8 to facilitate contact between the child and the
9 non-custodial parent; or
10 (ii) a court has entered an order restricting
11 the non-custodial parent's contact with the child,
12 and the grandparent or great-grandparent is found to
13 have used his or her visitation privileges to
14 facilitate contact between the child and the
15 non-custodial parent in a manner that violates the
16 terms of the order restricting the non-custodial
17 parent's contact with the child.
18 Nothing in this subdivision (1) limits the authority
19 of the court to enforce its orders in any manner
20 permitted by law.
21 (2) Any order granting visitation privileges with
22 the child to a grandparent or great-grandparent who is
23 related to the child through the non-custodial parent
24 shall contain the following provision:
25 "If the (grandparent or great-grandparent, whichever
26 is applicable) who has been granted visitation privileges
27 under this order uses the visitation privileges to
28 facilitate contact between the child and the child's
29 non-custodial parent, the visitation privileges granted
30 under this order shall be permanently revoked."
31 (e) No parent, not granted custody of the child, or
32 grandparent, or great-grandparent, or stepparent, or sibling
33 of any minor child, convicted of any offense involving an
34 illegal sex act perpetrated upon a victim less than 18 years
-1578- LRB9101253EGfg
1 of age including but not limited to offenses for violations
2 of Article 12 of the Criminal Code of 1961, is entitled to
3 visitation rights while incarcerated or while on parole,
4 probation, conditional discharge, periodic imprisonment, or
5 mandatory supervised release for that offense, and upon
6 discharge from incarceration for a misdemeanor offense or
7 upon discharge from parole, probation, conditional discharge,
8 periodic imprisonment, or mandatory supervised release for a
9 felony offense, visitation shall be denied until the person
10 successfully completes a treatment program approved by the
11 court.
12 (Source: P.A. 89-488, eff. 6-21-96; 90-782, eff. 8-14-98.)
13 (Text of Section after amendment by P.A. 90-801)
14 Sec. 607. Visitation.
15 (a) A parent not granted custody of the child is
16 entitled to reasonable visitation rights unless the court
17 finds, after a hearing, that visitation would endanger
18 seriously the child's physical, mental, moral or emotional
19 health. If the custodian's street address is not identified,
20 pursuant to Section 708, the court shall require the parties
21 to identify reasonable alternative arrangements for
22 visitation by a non-custodial parent, including but not
23 limited to visitation of the minor child at the residence of
24 another person or at a local public or private facility.
25 (b) (1) The court may grant reasonable visitation
26 privileges to a grandparent, great-grandparent, or sibling of
27 any minor child upon petition to the court by the
28 grandparents or great-grandparents or on behalf of the
29 sibling, with notice to the parties required to be notified
30 under Section 601 of this Act, if the court determines that
31 it is in the best interests and welfare of the child, and may
32 issue any necessary orders to enforce such visitation
33 privileges. Except as provided in paragraph (2) of this
34 subsection (b), a petition for visitation privileges may be
-1579- LRB9101253EGfg
1 filed under this paragraph (1) whether or not a petition
2 pursuant to this Act has been previously filed or is
3 currently pending if one or more of the following
4 circumstances exist:
5 (A) the parents are not currently cohabiting on a
6 permanent or an indefinite basis;
7 (B) one of the parents has been absent from the
8 marital abode for more than one month without the spouse
9 knowing his or her whereabouts;
10 (C) one of the parents is deceased;
11 (D) one of the parents joins in the petition with
12 the grandparents, great-grandparents, or sibling; or
13 (E) a sibling is in State custody.
14 (1.5) The Court may grant reasonable visitation
15 privileges to a stepparent upon petition to the court by the
16 stepparent, with notice to the parties required to be
17 notified under Section 601 of this Act, if the court
18 determines that it is in the best interests and welfare of
19 the child, and may issue any necessary orders to enforce
20 those visitation privileges. A petition for visitation
21 privileges may be filed under this paragraph (1.5) whether or
22 not a petition pursuant to this Act has been previously filed
23 or is currently pending if the following circumstances are
24 met:
25 (A) the child is at least 12 years old;
26 (B) the child resided continuously with the parent
27 and stepparent for at least 5 years;
28 (C) the parent is deceased or is disabled and is
29 unable to care for the child;
30 (D) the child wishes to have reasonable visitation
31 with the stepparent; and
32 (E) the stepparent was providing for the care,
33 control, and welfare to the child prior to the initiation
34 of the petition for visitation.
-1580- LRB9101253EGfg
1 (2)(A) A petition for visitation privileges shall not be
2 filed pursuant to this subsection (b) by the parents or
3 grandparents of a putative father if the paternity of the
4 putative father has not been legally established.
5 (B) A petition for visitation privileges may not be
6 filed under this subsection (b) if the child who is the
7 subject of the grandparents' or great-grandparents' petition
8 has been voluntarily surrendered by the parent or parents,
9 except for a surrender to the Illinois Department of Children
10 and Family Services or a foster care facility, or has been
11 previously adopted by an individual or individuals who are
12 not related to the biological parents of the child or is the
13 subject of a pending adoption petition by an individual or
14 individuals who are not related to the biological parents of
15 the child.
16 (3) When one parent is deceased, the surviving parent
17 shall not interfere with the visitation rights of the
18 grandparents.
19 (c) The court may modify an order granting or denying
20 visitation rights whenever modification would serve the best
21 interest of the child; but the court shall not restrict a
22 parent's visitation rights unless it finds that the
23 visitation would endanger seriously the child's physical,
24 mental, moral or emotional health.
25 (d) If any court has entered an order prohibiting a
26 non-custodial parent of a child from any contact with a child
27 or restricting the non-custodial parent's contact with the
28 child, the following provisions shall apply:
29 (1) If an order has been entered granting
30 visitation privileges with the child to a grandparent or
31 great-grandparent who is related to the child through the
32 non-custodial parent, the visitation privileges of the
33 grandparent or great-grandparent may be revoked if:
34 (i) a court has entered an order prohibiting
-1581- LRB9101253EGfg
1 the non-custodial parent from any contact with the
2 child, and the grandparent or great-grandparent is
3 found to have used his or her visitation privileges
4 to facilitate contact between the child and the
5 non-custodial parent; or
6 (ii) a court has entered an order restricting
7 the non-custodial parent's contact with the child,
8 and the grandparent or great-grandparent is found to
9 have used his or her visitation privileges to
10 facilitate contact between the child and the
11 non-custodial parent in a manner that violates the
12 terms of the order restricting the non-custodial
13 parent's contact with the child.
14 Nothing in this subdivision (1) limits the authority
15 of the court to enforce its orders in any manner
16 permitted by law.
17 (2) Any order granting visitation privileges with
18 the child to a grandparent or great-grandparent who is
19 related to the child through the non-custodial parent
20 shall contain the following provision:
21 "If the (grandparent or great-grandparent, whichever
22 is applicable) who has been granted visitation privileges
23 under this order uses the visitation privileges to
24 facilitate contact between the child and the child's
25 non-custodial parent, the visitation privileges granted
26 under this order shall be permanently revoked."
27 (e) No parent, not granted custody of the child, or
28 grandparent, or great-grandparent, or stepparent, or sibling
29 of any minor child, convicted of any offense involving an
30 illegal sex act perpetrated upon a victim less than 18 years
31 of age including but not limited to offenses for violations
32 of Article 12 of the Criminal Code of 1961, is entitled to
33 visitation rights while incarcerated or while on parole,
34 probation, conditional discharge, periodic imprisonment, or
-1582- LRB9101253EGfg
1 mandatory supervised release for that offense, and upon
2 discharge from incarceration for a misdemeanor offense or
3 upon discharge from parole, probation, conditional discharge,
4 periodic imprisonment, or mandatory supervised release for a
5 felony offense, visitation shall be denied until the person
6 successfully completes a treatment program approved by the
7 court.
8 (f) Unless the court determines, after considering all
9 relevant factors, including but not limited to those set
10 forth in Section 602(a), that it would be in the best
11 interests of the child to allow visitation, the court shall
12 not enter an order providing visitation rights and pursuant
13 to a motion to modify visitation shall revoke visitation
14 rights previously granted to any person who would otherwise
15 be entitled to petition for visitation rights under this
16 Section who has been convicted of first degree murder of the
17 parent, grandparent, great-grandparent, or sibling of the
18 child who is the subject of the order. Until an order is
19 entered pursuant to this subsection, no person shall visit,
20 with the child present, a person who has been convicted of
21 first degree murder of the parent, grandparent,
22 great-grandparent, or sibling of the child without the
23 consent of the child's parent, other than a parent convicted
24 of first degree murder as set forth herein, or legal
25 guardian.
26 (Source: P.A. 89-488, eff. 6-21-96; 90-782, eff. 8-14-98;
27 90-801, eff. 6-1-99; revised 12-22-98.)
28 (750 ILCS 5/705) (from Ch. 40, par. 705)
29 Sec. 705. Support payments; receiving and disbursing
30 agents.
31 (1) The provisions of this Section shall apply, except
32 as provided in Sections 709 through 712.
33 (2) In a dissolution of marriage action filed in a
-1583- LRB9101253EGfg
1 county of less than 3 million population in which an order or
2 judgment for child support is entered, and in supplementary
3 proceedings in any such county to enforce or vary the terms
4 of such order or judgment arising out of an action for
5 dissolution of marriage filed in such county, the court,
6 except as it otherwise orders, under subsection (4) of this
7 Section, may direct that child support payments be made to
8 the clerk of the court.
9 (3) In a dissolution of marriage action filed in any
10 county of 3 million or more population in which an order or
11 judgment for child support is entered, and in supplementary
12 proceedings in any such county to enforce or vary the terms
13 of such order or judgment arising out of an action for
14 dissolution of marriage filed in such county, the court,
15 except as it otherwise orders under subsection (4) of this
16 Section, may direct that child support payments be made
17 either to the clerk of the court or to the Court Service
18 Division of the County Department of Public Aid. After the
19 effective date of this Act, the court, except as it otherwise
20 orders under subsection (4) of this Section, may direct that
21 child support payments be made either to the clerk of the
22 court or to the Illinois Department of Public Aid.
23 (4) In a dissolution of marriage action or supplementary
24 proceedings involving maintenance or child support payments,
25 or both, to persons who are recipients of aid under the
26 Illinois Public Aid Code, the court shall direct that such
27 payments be made to (a) the Illinois Department of Public Aid
28 if the persons are recipients under Articles III, IV, or V of
29 the Code, or (b) the local governmental unit responsible for
30 their support if they are recipients under Articles VI or VII
31 of the Code. In accordance with federal law and regulations,
32 the Illinois Department of Public Aid may continue to collect
33 current maintenance payments or child support payments, or
34 both, after those persons cease to receive public assistance
-1584- LRB9101253EGfg
1 and until termination of services under Article X of the
2 Illinois Public Aid Code. The Illinois Department of Public
3 Aid shall pay the net amount collected to those persons after
4 deducting any costs incurred in making the collection or any
5 collection fee from the amount of any recovery made. The
6 order shall permit the Illinois Department of Public Aid or
7 the local governmental unit, as the case may be, to direct
8 that payments be made directly to the former spouse, the
9 children, or both, or to some person or agency in their
10 behalf, upon removal of the former spouse or children from
11 the public aid rolls or upon termination of services under
12 Article X of the Illinois Public Aid Code; and upon such
13 direction, the Illinois Department or local governmental
14 unit, as the case requires, shall give notice of such action
15 to the court in writing or by electronic transmission.
16 (5) All clerks of the court and the Court Service
17 Division of a County Department of Public Aid and, after the
18 effective date of this Act, all clerks of the court and the
19 Illinois Department of Public Aid, receiving child support
20 payments under subsections (2) and (3) of this Section shall
21 disburse the payments to the person or persons entitled
22 thereto under the terms of the order or judgment. They shall
23 establish and maintain current records of all moneys received
24 and disbursed and of defaults and delinquencies in required
25 payments. The court, by order or rule, shall make provision
26 for the carrying out of these duties.
27 in effect in accordance with the Income Withholding for
28 Support
29 Upon notification in writing or by electronic
30 transmission from the Illinois Department of Public Aid to
31 the clerk of the court that a person who is receiving support
32 payments under this Section is receiving services under the
33 Child Support Enforcement Program established by Title IV-D
34 of the Social Security Act, any support payments subsequently
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1 received by the clerk of the court shall be transmitted in
2 accordance with the instructions of the Illinois Department
3 of Public Aid until the Department gives notice to the clerk
4 of the court to cease the transmittal. After providing the
5 notification authorized under this paragraph, the Illinois
6 Department of Public Aid shall be entitled as a party to
7 notice of any further proceedings in the case. The clerk of
8 the court shall file a copy of the Illinois Department of
9 Public Aid's notification in the court file. The failure of
10 the clerk to file a copy of the notification in the court
11 file shall not, however, affect the Illinois Department of
12 Public Aid's right to receive notice of further proceedings.
13 Payments under this Section to the Illinois Department of
14 Public Aid pursuant to the Child Support Enforcement Program
15 established by Title IV-D of the Social Security Act shall be
16 paid into the Child Support Enforcement Trust Fund. All other
17 payments under this Section to the Illinois Department of
18 Public Aid shall be deposited in the Public Assistance
19 Recoveries Trust Fund. Disbursements from these funds shall
20 be as provided in the Illinois Public Aid Code. Payments
21 received by a local governmental unit shall be deposited in
22 that unit's General Assistance Fund. Any order of court
23 directing payment of child support to a clerk of court or the
24 Court Service Division of a County Department of Public Aid,
25 which order has been entered on or after August 14, 1961, and
26 prior to the effective date of this Act, may be amended by
27 the court in line with this Act; and orders involving
28 payments of maintenance or child support to recipients of
29 public aid may in like manner be amended to conform to this
30 Act.
31 (6) No filing fee or costs will be required in any
32 action brought at the request of the Illinois Department of
33 Public Aid in any proceeding under this Act. However, any
34 such fees or costs may be assessed by the court against the
-1586- LRB9101253EGfg
1 respondent in the court's order of support or any
2 modification thereof in a proceeding under this Act.
3 (7) For those cases in which child support is payable to
4 the clerk of the circuit court for transmittal to the
5 Illinois Department of Public Aid by order of court or upon
6 notification by the Illinois Department of Public Aid, the
7 clerk shall transmit all such payments, within 4 working days
8 of receipt, to insure that funds are available for immediate
9 distribution by the Department to the person or entity
10 entitled thereto in accordance with standards of the Child
11 Support Enforcement Program established under Title IV-D of
12 the Social Security Act. The clerk shall notify the
13 Department of the date of receipt and amount thereof at the
14 time of transmittal. Where the clerk has entered into an
15 agreement of cooperation with the Department to record the
16 terms of child support orders and payments made thereunder
17 directly into the Department's automated data processing
18 system, the clerk shall account for, transmit and otherwise
19 distribute child support payments in accordance with such
20 agreement in lieu of the requirements contained herein.
21 In any action filed in a county with a population of
22 1,000,000 or less, the court shall assess against the
23 respondent in any order of maintenance or child support any
24 sum up to $36 annually authorized by ordinance of the county
25 board to be collected by the clerk of the court as costs for
26 administering the collection and disbursement of maintenance
27 and child support payments. Such sum shall be in addition to
28 and separate from amounts ordered to be paid as maintenance
29 or child support.
30 (Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99;
31 90-790, eff. 8-14-98; revised 9-14-98.)
32 (750 ILCS 5/706.1) (from Ch. 40, par. 706.1)
33 Sec. 706.1. Withholding of Income to Secure Payment of
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1 Support. Orders for support entered under this Act are
2 subject to the Income Withholding for Support Act.
3 (2.5) "Business day" means a day on which State offices
4 are open for regular business.
5 (a-5) State the date of entry of the order for
6 support upon which the income withholding notice is
7 based; and ; and
8 (k) Contain the signature of the obligee or the
9 printed name and telephone number of the authorized
10 representative of the public office, except that the
11 failure to contain the signature of the obligee or the
12 printed name and telephone number of the authorized
13 representative of the public office shall not affect the
14 validity of the income withholding notice. A copy of the
15 income withholding notice together with A copy of the
16 income withholding notice together with a proof of
17 service on the other payor shall be filed with the Clerk
18 of the Circuit Court.
19 (9) income notice income notice income notice
20 (Source: P.A. 89-507, eff. 7-1-97; 90-18, eff. 7-1-97;
21 90-425, eff. 8-15-97; 90-655, eff. 7-30-98; 90-673, eff.
22 1-1-99; 90-790, eff. 8-14-98; revised 9-14-98.)
23 Section 257. The Non-Support of Spouse and Children Act
24 is amended by changing Sections 2.1, 4.1, and 12 as follows:
25 (750 ILCS 15/2.1) (from Ch. 40, par. 1105)
26 Sec. 2.1. Support payments; receiving and disbursing
27 agents.
28 (1) In actions instituted under this Act on and after
29 August 14, 1961, involving a minor child or children, the
30 Court, except in actions instituted on or after August 26,
31 1969, in which the support payments are in behalf of a
32 recipient of aid under the Illinois Public Aid Code, shall
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1 direct that moneys ordered to be paid for support under
2 Sections 3 and 4 of this Act shall be paid to the clerk of
3 the court in counties of less than 3 million population, and
4 in counties of 3 million or more population, to the clerk or
5 probation officer of the court or to the Court Service
6 Division of the County Department of Public Aid. After the
7 effective date of this amendatory Act of 1975, the court
8 shall direct that such support moneys be paid to the clerk or
9 probation officer or the Illinois Department of Public Aid.
10 However, the court in its discretion may direct otherwise
11 where exceptional circumstances so warrant. If payment is to
12 be made to persons other than the clerk or probation officer,
13 the Court Service Division of the County Department of Public
14 Aid, or the Illinois Department of Public Aid, the judgment
15 or order of support shall set forth the facts of the
16 exceptional circumstances.
17 (2) In actions instituted after August 26, 1969, where
18 the support payments are in behalf of spouses, children, or
19 both, who are recipients of aid under the Illinois Public Aid
20 Code, the court shall order the payments to be made directly
21 to (1) the Illinois Department of Public Aid if the person is
22 a recipient under Articles III, IV or V of the Code, or (2)
23 to the local governmental unit responsible for the support of
24 the person if he or she is a recipient under Articles VI or
25 VII of the Code. In accordance with federal law and
26 regulations, the Illinois Department of Public Aid may
27 continue to collect current maintenance payments or child
28 support payments, or both, after those persons cease to
29 receive public assistance and until termination of services
30 under Article X of the Illinois Public Aid Code. The
31 Illinois Department of Public Aid shall pay the net amount
32 collected to those persons after deducting any costs incurred
33 in making the collection or any collection fee from the
34 amount of any recovery made. The order shall permit the
-1589- LRB9101253EGfg
1 Illinois Department of Public Aid or the local governmental
2 unit, as the case may be, to direct that support payments be
3 made directly to the spouse, children, or both, or to some
4 person or agency in their behalf, upon removal of the spouse
5 or children from the public aid rolls or upon termination of
6 services under Article X of the Illinois Public Aid Code; and
7 upon such direction, the Illinois Department or the local
8 governmental unit, as the case requires, shall give notice of
9 such action to the court in writing or by electronic
10 transmission.
11 (3) The clerks, probation officers, and the Court
12 Service Division of the County Department of Public Aid in
13 counties of 3 million or more population, and, after the
14 effective date of this amendatory Act of 1975, the clerks,
15 probation officers, and the Illinois Department of Public
16 Aid, shall disburse moneys paid to them to the person or
17 persons entitled thereto under the order of the Court. They
18 shall establish and maintain current records of all moneys
19 received and disbursed and of delinquencies and defaults in
20 required payments. The Court, by order or rule, shall make
21 provision for the carrying out of these duties.
22 in accordance with the Income Withholding for Support
23 Upon notification in writing or by electronic
24 transmission from the Illinois Department of Public Aid to
25 the clerk of the court that a person who is receiving support
26 payments under this Section is receiving services under the
27 Child Support Enforcement Program established by Title IV-D
28 of the Social Security Act, any support payments subsequently
29 received by the clerk of the court shall be transmitted in
30 accordance with the instructions of the Illinois Department
31 of Public Aid until the Department gives notice to cease the
32 transmittal. After providing the notification authorized
33 under this paragraph, the Illinois Department of Public Aid
34 shall be entitled as a party to notice of any further
-1590- LRB9101253EGfg
1 proceedings in the case. The clerk of the court shall file a
2 copy of the Illinois Department of Public Aid's notification
3 in the court file. The failure of the clerk to file a copy
4 of the notification in the court file shall not, however,
5 affect the Illinois Department of Public Aid's right to
6 receive notice of further proceedings.
7 (4) Payments under this Section to the Illinois
8 Department of Public Aid pursuant to the Child Support
9 Enforcement Program established by Title IV-D of the Social
10 Security Act shall be paid into the Child Support Enforcement
11 Trust Fund. All other payments under this Section to the
12 Illinois Department of Public Aid shall be deposited in the
13 Public Assistance Recoveries Trust Fund. Disbursements from
14 these funds shall be as provided in the Illinois Public Aid
15 Code. Payments received by a local governmental unit shall be
16 deposited in that unit's General Assistance Fund.
17 (5) Orders and assignments entered or executed prior to
18 the Act approved August 14, 1961 shall not be affected
19 thereby. Employers served with wage assignments executed
20 prior to that date shall comply with the terms thereof.
21 However, the Court, on petition of the state's attorney, or
22 of the Illinois Department of Public Aid or local
23 governmental unit in respect to recipients of public aid, may
24 order the execution of new assignments and enter new orders
25 designating the clerk, probation officer, or the Illinois
26 Department of Public Aid or appropriate local governmental
27 unit in respect to payments in behalf of recipients of public
28 aid, as the person or agency authorized to receive and
29 disburse the salary or wages assigned. On like petition the
30 Court may enter new orders designating such officers,
31 agencies or governmental units to receive and disburse the
32 payments ordered under Section 4.
33 (6) For those cases in which child support is payable to
34 the clerk of the circuit court for transmittal to the
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1 Illinois Department of Public Aid by order of court or upon
2 notification by the Illinois Department of Public Aid, the
3 clerk shall transmit all such payments, within 4 working days
4 of receipt, to insure that funds are available for immediate
5 distribution by the Department to the person or entity
6 entitled thereto in accordance with standards of the Child
7 Support Enforcement Program established under Title IV-D of
8 the Social Security Act. The clerk shall notify the
9 Department of the date of receipt and amount thereof at the
10 time of transmittal. Where the clerk has entered into an
11 agreement of cooperation with the Department to record the
12 terms of child support orders and payments made thereunder
13 directly into the Department's automated data processing
14 system, the clerk shall account for, transmit and otherwise
15 distribute child support payments in accordance with such
16 agreement in lieu of the requirements contained herein.
17 (Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99;
18 90-790, eff. 8-14-98; revised 9-14-98.)
19 (750 ILCS 15/4.1) (from Ch. 40, par. 1107.1)
20 Sec. 4.1. Withholding of Income to Secure Payment of
21 Support. Orders for support entered under this Act are
22 subject to the Income Withholding for Support Act.
23 (2.5) "Business day" means a day on which State offices
24 are open for regular business.
25 (a-5) State the date of entry of the order for
26 support upon which the income withholding notice is
27 based; and ; and
28 (k) Contain the signature of the obligee or the
29 printed name and telephone number of the authorized
30 representative of the public office, except that the
31 failure to contain the signature of the obligee or the
32 printed name and telephone number of the authorized
33 representative of the public office shall not affect the
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1 validity of the income withholding notice. A copy of the
2 income withholding notice together with A copy of the
3 income withholding notice together with a proof of
4 service on the other payor shall be filed with the Clerk
5 of the Circuit Court.
6 (9) income notice income notice income notice
7 (Source: P.A. 89-507, eff. 7-1-97; 90-18, eff. 7-1-97;
8 90-425, eff. 8-15-97; 90-655, eff. 7-30-98; 90-673, eff.
9 1-1-99; 90-790, eff. 8-14-98; revised 9-14-98.)
10 (750 ILCS 15/12) (from Ch. 40, par. 1115)
11 Sec. 12. (a) Whenever it is determined in a proceeding
12 to establish or enforce a child support or maintenance
13 obligation that the person owing a duty of support is
14 unemployed, the court may order the person to seek employment
15 and report periodically to the court with a diary, listing or
16 other memorandum of his or her efforts in accordance with
17 such order. Additionally, the court may order the unemployed
18 person to report to the Department of Employment Security for
19 job search services or to make application with the local Job
20 Jobs Training Partnership Act provider for participation in
21 job search, training or work programs and where the duty of
22 support is owed to a child receiving support services under
23 Article X of the Illinois Public Aid Code, as amended, the
24 court may order the unemployed person to report to the
25 Illinois Department of Public Aid for participation in job
26 search, training or work programs established under Section
27 9-6 and Article IXA of that Code.
28 (b) Whenever it is determined that a person owes
29 past-due support for a child and the parent with whom the
30 child is living, and the child is receiving assistance under
31 the Illinois Public Aid Code, the court shall order the
32 following at the request of the Illinois Department of Public
33 Aid:
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1 (1) that the person pay the past-due support in
2 accordance with a plan approved by the court; or
3 (2) if the person owing past-due support is
4 unemployed, is subject to such a plan, and is not
5 incapacitated, that the person participate in such job
6 search, training, or work programs established under
7 Section 9-6 and Article IXA of the Illinois Public Aid
8 Code as the court deems appropriate.
9 (Source: P.A. 90-18, eff. 7-1-97; revised 10-31-98.)
10 Section 259. The Uniform Interstate Family Support Act
11 is amended by changing Section 605 as follows:
12 (750 ILCS 22/605)
13 Sec. 605. Notice of registration of order.
14 (a) When a support order or income-withholding order
15 issued in another state is registered, the registering
16 tribunal shall notify the nonregistering party. The notice
17 must be accompanied by a copy of the registered order and the
18 documents and relevant information accompanying the order.
19 (b) The notice must inform the nonregistering party:
20 (1) that a registered order is enforceable as of
21 the date of registration in the same manner as an order
22 issued by a tribunal of this State;
23 (2) that a hearing to contest the validity or
24 enforcement of the registered order must be requested
25 within 20 days after the date of mailing or personal
26 service of the notice;
27 (3) that failure to contest the validity or
28 enforcement of the registered order in a timely manner
29 will result in confirmation of the order and enforcement
30 of the order and the alleged arrearages and precludes
31 further contest of that order with respect to any matter
32 that could have been asserted; and
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1 (4) of the amount of any alleged arrearages.
2 (c) Upon registration of an income-withholding order for
3 enforcement, the registering tribunal shall notify the
4 obligor's employer pursuant to the Income Withholding for
5 Support Act. 1984
6 (Source: P.A. 90-240, eff. 7-28-97; 90-655, eff. 7-30-98;
7 90-673, eff. 1-1-99; revised 9-14-98.)
8 Section 260. The Income Withholding for Support Act is
9 amended by changing Sections 15, 20, 25, and 45 and
10 renumbering Section 99 as follows:
11 (750 ILCS 28/15)
12 Sec. 15. Definitions.
13 (a) "Order for support" means any order of the court
14 which provides for periodic payment of funds for the support
15 of a child or maintenance of a spouse, whether temporary or
16 final, and includes any such order which provides for:
17 (1) modification or resumption of, or payment of
18 arrearage accrued under, a previously existing order;
19 (2) reimbursement of support;
20 (3) payment or reimbursement of the expenses of
21 pregnancy and delivery (for orders for support entered
22 under the Illinois Parentage Act of 1984 or its
23 predecessor the Paternity Act); or
24 (4) enrollment in a health insurance plan that is
25 available to the obligor through an employer or labor
26 union or trade union.
27 (b) "Arrearage" means the total amount of unpaid support
28 obligations as determined by the court and incorporated into
29 an order for support.
30 (b-5) "Business day" means a day on which State offices
31 are open for regular business.
32 (c) "Delinquency" means any payment under an order for
-1595- LRB9101253EGfg
1 support which becomes due and remains unpaid after entry of
2 the order for support.
3 (d) "Income" means any form of periodic payment to an
4 individual, regardless of source, including, but not limited
5 to: wages, salary, commission, compensation as an independent
6 contractor, workers' compensation, disability, annuity,
7 pension, and retirement benefits, lottery prize awards,
8 insurance proceeds, vacation pay, bonuses, profit-sharing
9 payments, interest, and any other payments, made by any
10 person, private entity, federal or state government, any unit
11 of local government, school district or any entity created by
12 Public Act; however, "income" excludes:
13 (1) any amounts required by law to be withheld,
14 other than creditor claims, including, but not limited
15 to, federal, State and local taxes, Social Security and
16 other retirement and disability contributions;
17 (2) union dues;
18 (3) any amounts exempted by the federal Consumer
19 Credit Protection Act;
20 (4) public assistance payments; and
21 (5) unemployment insurance benefits except as
22 provided by law.
23 Any other State or local laws which limit or exempt
24 income or the amount or percentage of income that can be
25 withheld shall not apply.
26 (e) "Obligor" means the individual who owes a duty to
27 make payments under an order for support.
28 (f) "Obligee" means the individual to whom a duty of
29 support is owed or the individual's legal representative.
30 (g) "Payor" means any payor of income to an obligor.
31 (h) "Public office" means any elected official or any
32 State or local agency which is or may become responsible by
33 law for enforcement of, or which is or may become authorized
34 to enforce, an order for support, including, but not limited
-1596- LRB9101253EGfg
1 to: the Attorney General, the Illinois Department of Public
2 Aid, the Illinois Department of Human Services, the Illinois
3 Department of Children and Family Services, and the various
4 State's Attorneys, Clerks of the Circuit Court and
5 supervisors of general assistance.
6 (i) "Premium" means the dollar amount for which the
7 obligor is liable to his employer or labor union or trade
8 union and which must be paid to enroll or maintain a child in
9 a health insurance plan that is available to the obligor
10 through an employer or labor union or trade union.
11 (Source: P.A. 90-673, eff. 1-1-99; incorporates P.A. 90-790,
12 eff. 8-14-98; revised 9-14-98.)
13 (750 ILCS 28/20)
14 Sec. 20. Entry of order for support containing income
15 withholding provisions; income withholding notice.
16 (a) In addition to any content required under other
17 laws, every order for support entered on or after July 1,
18 1997, shall:
19 (1) Require an income withholding notice to be
20 prepared and served immediately upon any payor of the
21 obligor by the obligee or public office, unless a written
22 agreement is reached between and signed by both parties
23 providing for an alternative arrangement, approved and
24 entered into the record by the court, which ensures
25 payment of support. In that case, the order for support
26 shall provide that an income withholding notice is to be
27 prepared and served only if the obligor becomes
28 delinquent in paying the order for support; and
29 (2) Contain a dollar amount to be paid until
30 payment in full of any delinquency that accrues after
31 entry of the order for support. The amount for payment
32 of delinquency shall not be less than 20% of the total of
33 the current support amount and the amount to be paid
-1597- LRB9101253EGfg
1 periodically for payment of any arrearage stated in the
2 order for support; and
3 (3) Include the obligor's Social Security Number,
4 which the obligor shall disclose to the court. If the
5 obligor is not a United States citizen, the obligor shall
6 disclose to the court, and the court shall include in the
7 order for support, the obligor's alien registration
8 number, passport number, and home country's social
9 security or national health number, if applicable.
10 (b) At the time the order for support is entered, the
11 Clerk of the Circuit Court shall provide a copy of the order
12 to the obligor and shall make copies available to the obligee
13 and public office.
14 (c) The income withholding notice shall:
15 (1) be in the standard format prescribed by the
16 federal Department of Health and Human Services; and
17 (1.1) state the date of entry of the order for
18 support upon which the income withholding notice is
19 based; and
20 (2) direct any payor to withhold the dollar amount
21 required for current support under the order for support;
22 and
23 (3) direct any payor to withhold the dollar amount
24 required to be paid periodically under the order for
25 support for payment of the amount of any arrearage stated
26 in the order for support; and
27 (4) direct any payor or labor union or trade union
28 to enroll a child as a beneficiary of a health insurance
29 plan and withhold or cause to be withheld, if applicable,
30 any required premiums; and
31 (5) state the amount of the payor income
32 withholding fee specified under this Section; and
33 (6) state that the amount actually withheld from
34 the obligor's income for support and other purposes,
-1598- LRB9101253EGfg
1 including the payor withholding fee specified under this
2 Section, may not be in excess of the maximum amount
3 permitted under the federal Consumer Credit Protection
4 Act; and
5 (7) state the duties of the payor and the fines and
6 penalties for failure to withhold and pay over income and
7 for discharging, disciplining, refusing to hire, or
8 otherwise penalizing the obligor because of the duty to
9 withhold and pay over income under this Section; and
10 (8) state the rights, remedies, and duties of the
11 obligor under this Section; and
12 (9) include the obligor's Social Security Number;
13 and
14 (10) include the date that withholding for current
15 support terminates, which shall be the date of
16 termination of the current support obligation set forth
17 in the order for support; and.
18 (11) contain the signature of the obligee or the
19 printed name and telephone number of the authorized
20 representative of the public office, except that the
21 failure to contain the signature of the obligee or the
22 printed name and telephone number of the authorized
23 representative of the public office shall not affect the
24 validity of the income withholding notice.
25 (d) The accrual of a delinquency as a condition for
26 service of an income withholding notice, under the exception
27 to immediate withholding in subsection (a) of this Section,
28 shall apply only to the initial service of an income
29 withholding notice on a payor of the obligor.
30 (e) Notwithstanding the exception to immediate
31 withholding contained in subsection (a) of this Section, if
32 the court finds at the time of any hearing that an arrearage
33 has accrued, the court shall order immediate service of an
34 income withholding notice upon the payor.
-1599- LRB9101253EGfg
1 (f) If the order for support, under the exception to
2 immediate withholding contained in subsection (a) of this
3 Section, provides that an income withholding notice is to be
4 prepared and served only if the obligor becomes delinquent in
5 paying the order for support, the obligor may execute a
6 written waiver of that condition and request immediate
7 service on the payor.
8 (g) The obligee or public office may serve the income
9 withholding notice on the payor or its superintendent,
10 manager, or other agent by ordinary mail or certified mail
11 return receipt requested, by facsimile transmission or other
12 electronic means, by personal delivery, or by any method
13 provided by law for service of a summons. At the time of
14 service on the payor and as notice that withholding has
15 commenced, the obligee or public office shall serve a copy of
16 the income withholding notice on the obligor by ordinary mail
17 addressed to his or her last known address. A copy of the
18 income withholding notice together with proofs of service on
19 the payor and the obligor shall be filed with the Clerk of
20 the Circuit Court.
21 (h) At any time after the initial service of an income
22 withholding notice, any other payor of the obligor may be
23 served with the same income withholding notice without
24 further notice to the obligor. A copy of the income
25 withholding notice together with a proof of service on the
26 other payor shall be filed with the Clerk of the Circuit
27 Court.
28 (i) New service of an income withholding notice is not
29 required in order to resume withholding of income in the case
30 of an obligor with respect to whom an income withholding
31 notice was previously served on the payor if withholding of
32 income was terminated because of an interruption in the
33 obligor's employment of less than 180 days.
34 (Source: P.A. 90-673, eff. 1-1-99; incorporates P.A. 90-790,
-1600- LRB9101253EGfg
1 eff. 8-14-98; revised 9-14-98.)
2 (750 ILCS 28/25)
3 Sec. 25. Income withholding after accrual of
4 delinquency.
5 (a) Whenever an obligor accrues a delinquency, the
6 obligee or public office may prepare and serve upon the
7 obligor's payor an income withholding notice that:
8 (1) contains the information required under
9 subsection (c) of Section 20; and
10 (2) contains a computation of the period and total
11 amount of the delinquency as of the date of the notice;
12 and
13 (3) directs the payor to withhold the dollar amount
14 required to be withheld periodically under the order for
15 support for payment of the delinquency.
16 (b) The income withholding notice and the obligor's copy
17 of the income withholding notice shall be served as provided
18 in subsection (g) of Section 20.
19 (c) The obligor may contest withholding commenced under
20 this Section by filing a petition to contest withholding with
21 the Clerk of the Circuit Court within 20 days after service
22 of a copy of the income withholding notice on the obligor.
23 However, the grounds for the petition to contest withholding
24 shall be limited to:
25 (1) a dispute concerning the existence or amount of
26 the delinquency; or
27 (2) the identity of the obligor.
28 The Clerk of the Circuit Court shall notify the obligor
29 and the obligee or public office of the time and place of the
30 hearing on the petition to contest withholding. The court
31 shall hold the hearing pursuant to the provisions of Section
32 40.
33 (Source: P.A. 90-673, eff. 1-1-99; incorporates P.A. 90-790,
-1601- LRB9101253EGfg
1 eff. 8-14-98; revised 9-14-98.)
2 (750 ILCS 28/45)
3 Sec. 45. Additional duties.
4 (a) An obligee who is receiving income withholding
5 payments under this Act shall notify the payor, if the
6 obligee receives the payments directly from the payor, or the
7 public office or the Clerk of the Circuit Court, as
8 appropriate, of any change of address within 7 days of such
9 change.
10 (b) An obligee who is a recipient of public aid shall
11 send a copy of any income withholding notice served by the
12 obligee to the Division of Child Support Enforcement of the
13 Illinois Department of Public Aid.
14 (c) Each obligor shall notify the obligee, the public
15 office, and the Clerk of the Circuit Court of any change of
16 address within 7 days.
17 (d) An obligor whose income is being withheld or who has
18 been served with a notice of delinquency pursuant to this Act
19 shall notify the obligee, the public office, and the Clerk of
20 the Circuit Court of any new payor, within 7 days.
21 (e) When the Illinois Department of Public Aid is no
22 longer authorized to receive payments for the obligee, it
23 shall, within 7 days, notify the payor or, where appropriate,
24 the Clerk of the Circuit Court, to redirect income
25 withholding payments to the obligee.
26 (f) The obligee or public office shall provide notice to
27 the payor and Clerk of the Circuit Court of any other support
28 payment made, including but not limited to, a set-off under
29 federal and State law or partial payment of the delinquency
30 or arrearage, or both.
31 (g) Any public office and Clerk of the Circuit Court
32 which collects, disburses or receives payments pursuant to
33 income withholding notices shall maintain complete, accurate,
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1 and clear records of all payments and their disbursements.
2 Certified copies of payment records maintained by a public
3 office or Clerk of the Circuit Court shall, without further
4 proof, be admitted into evidence in any legal proceedings
5 under this Act.
6 (h) The Illinois Department of Public Aid shall design
7 suggested legal forms for proceeding under this Act and shall
8 make available to the courts such forms and informational
9 materials which describe the procedures and remedies set
10 forth herein for distribution to all parties in support
11 actions.
12 (i) At the time of transmitting each support payment,
13 the Clerk of the Circuit Court shall provide the obligee or
14 public office, as appropriate, with any information furnished
15 by the payor as to the date the amount would (but for the
16 duty to withhold income) have been paid or credited to the
17 obligor.
18 (Source: P.A. 90-673, eff. 1-1-99; incorporates P.A. 90-790,
19 eff. 8-14-98; revised 9-14-98.)
20 (750 ILCS 28/999)
21 Sec. 999. 99. Effective date. This Act takes effect
22 January 1, 1999.
23 (Source: P.A. 90-673, eff. 1-1-99; revised 9-14-98.)
24 Section 261. The Illinois Parentage Act of 1984 is
25 amended by changing Sections 15, 15.1, 20, and 21 as follows:
26 (750 ILCS 45/15) (from Ch. 40, par. 2515)
27 Sec. 15. Enforcement of Judgment or Order.
28 (a) If existence of the parent and child relationship is
29 declared, or paternity or duty of support has been
30 established under this Act or under prior law or under the
31 law of any other jurisdiction, the judgment rendered
-1603- LRB9101253EGfg
1 thereunder may be enforced in the same or other proceedings
2 by any party or any person or agency that has furnished or
3 may furnish financial assistance or services to the child.
4 The Income Withholding for Support Act and Sections 14 and 16
5 of this Act shall also be applicable with respect to entry,
6 modification and enforcement of any support judgment entered
7 under provisions of the "Paternity Act", approved July 5,
8 1957, as amended, repealed July 1, 1985.
9 (b) Failure to comply with any order of the court shall
10 be punishable as contempt as in other cases of failure to
11 comply under the "Illinois Marriage and Dissolution of
12 Marriage Act", as now or hereafter amended. In addition to
13 other penalties provided by law, the court may, after finding
14 the party guilty of contempt, order that the party be:
15 (1) Placed on probation with such conditions of
16 probation as the court deems advisable;
17 (2) Sentenced to periodic imprisonment for a period
18 not to exceed 6 months. However, the court may permit
19 the party to be released for periods of time during the
20 day or night to work or conduct business or other
21 self-employed occupation. The court may further order
22 any part of all the earnings of a party during a sentence
23 of periodic imprisonment to be paid to the Clerk of the
24 Circuit Court or to the person or parent having custody
25 of the minor child for the support of said child until
26 further order of the court.
27 (2.5) The court may also pierce the ownership veil
28 of a person, persons, or business entity to discover
29 assets of a non-custodial parent held in the name of that
30 person, those persons, or that business entity if there
31 is a unity of interest and ownership sufficient to render
32 no financial separation between the non-custodial parent
33 and that person, those persons, or the business entity.
34 The following circumstances are sufficient for a court to
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1 order discovery of the assets of a person, persons, or
2 business entity and to compel the application of any
3 discovered assets toward payment on the judgment for
4 support:
5 (A) the non-custodial parent and the person,
6 persons, or business entity maintain records
7 together.
8 (B) the non-custodial parent and the person,
9 persons, or business entity fail to maintain an arms
10 length relationship between themselves with regard
11 to any assets.
12 (C) the non-custodial parent transfers assets
13 to the person, persons, or business entity with the
14 intent to perpetrate a fraud on the custodial
15 parent.
16 With respect to assets which are real property, no
17 order entered under this subdivision (2.5) shall affect
18 the rights of bona fide purchasers, mortgagees, judgment
19 creditors, or other lien holders who acquire their
20 interests in the property prior to the time a notice of
21 lis pendens pursuant to the Code of Civil Procedure or a
22 copy of the order is placed of record in the office of
23 the recorder of deeds for the county in which the real
24 property is located.
25 (3) The court may also order that in cases where
26 the party is 90 days or more delinquent in payment of
27 support or has been adjudicated in arrears in an amount
28 equal to 90 days obligation or more, that the party's
29 Illinois driving privileges be suspended until the court
30 determines that the party is in compliance with the
31 judgement or duty of support. The court may also order
32 that the parent be issued a family financial
33 responsibility driving permit that would allow limited
34 driving privileges for employment and medical purposes in
-1605- LRB9101253EGfg
1 accordance with Section 7-702.1 of the Illinois Vehicle
2 Code. The clerk of the circuit court shall certify the
3 order suspending the driving privileges of the parent or
4 granting the issuance of a family financial
5 responsibility driving permit to the Secretary of State
6 on forms prescribed by the Secretary. Upon receipt of the
7 authenticated documents, the Secretary of State shall
8 suspend the party's driving privileges until further
9 order of the court and shall, if ordered by the court,
10 subject to the provisions of Section 7-702.1 of the
11 Illinois Vehicle Code, issue a family financial
12 responsibility driving permit to the parent.
13 In addition to the penalties or punishment that may be
14 imposed under this Section, any person whose conduct
15 constitutes a violation of Section 1 of the Non-Support of
16 Spouse and Children Act may be prosecuted under that Section,
17 and a person convicted under that Section may be sentenced in
18 accordance with that Section. The sentence may include but
19 need not be limited to a requirement that the person perform
20 community service under subsection (b) of that Section or
21 participate in a work alternative program under subsection
22 (c) of that Section. A person may not be required to
23 participate in a work alternative program under subsection
24 (c) of that Section if the person is currently participating
25 in a work program pursuant to Section 15.1 of this Act.
26 (c) In any post-judgment proceeding to enforce or modify
27 the judgment the parties shall continue to be designated as
28 in the original proceeding.
29 (Source: P.A. 89-92, eff. 7-1-96; 90-476, eff. 1-1-98;
30 90-673, eff. 1-1-99; 90-733, eff. 8-11-98; revised 9-14-98.)
31 (750 ILCS 45/15.1) (from Ch. 40, par. 2515.1)
32 Sec. 15.1. (a) Whenever it is determined in a proceeding
33 to establish or enforce a child support obligation that the
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1 person owing a duty of support is unemployed, the court may
2 order the person to seek employment and report periodically
3 to the court with a diary, listing or other memorandum of his
4 or her efforts in accordance with such order. Additionally,
5 the court may order the unemployed person to report to the
6 Department of Employment Security for job search services or
7 to make application with the local Job Jobs Training
8 Partnership Act provider for participation in job search,
9 training or work programs and where the duty of support is
10 owed to a child receiving support services under Article X of
11 the Illinois Public Aid Code, as amended, the court may order
12 the unemployed person to report to the Illinois Department of
13 Public Aid for participation in job search, training or work
14 programs established under Section 9-6 and Article IXA of
15 that Code.
16 (b) Whenever it is determined that a person owes
17 past-due support for a child, and the child is receiving
18 assistance under the Illinois Public Aid Code, the court
19 shall order the following at the request of the Illinois
20 Department of Public Aid:
21 (1) that the person pay the past-due support in
22 accordance with a plan approved by the court; or
23 (2) if the person owing past-due support is
24 unemployed, is subject to such a plan, and is not
25 incapacitated, that the person participate in such job
26 search, training, or work programs established under
27 Section 9-6 and Article IXA of the Illinois Public Aid
28 Code as the court deems appropriate.
29 (Source: P.A. 90-18, eff. 7-1-97; revised 10-31-98.)
30 (750 ILCS 45/20) (from Ch. 40, par. 2520)
31 Sec. 20. Withholding of Income to Secure Payment of
32 Support. Orders for support entered under this Act are
33 subject to the Income Withholding for Support Act.
-1607- LRB9101253EGfg
1 (2.5) "Business day" means a day on which State offices
2 are open for regular business.
3 (a-5) State the date of entry of the order for
4 support upon which the income withholding notice is
5 based; and ; and
6 (k) Contain the signature of the obligee or the
7 printed name and telephone number of the authorized
8 representative of the public office, except that the
9 failure to contain the signature of the obligee or the
10 printed name and telephone number of the authorized
11 representative of the public office shall not affect the
12 validity of the income withholding notice. A copy of the
13 income withholding notice together with A copy of the
14 income withholding notice together with a proof of
15 service on the other payor shall be filed with the Clerk
16 of the Circuit Court.
17 (9) income notice income notice income notice
18 (Source: P.A. 89-507, eff. 7-1-97; 90-18, eff. 7-1-97;
19 90-425, eff. 8-15-97; 90-655, eff. 7-30-98; 90-673, eff.
20 1-1-99; 90-790, eff. 8-14-98; revised 9-14-98.)
21 (750 ILCS 45/21) (from Ch. 40, par. 2521)
22 Sec. 21. Support payments; receiving and disbursing
23 agents.
24 (1) In an action filed in a county counties of less than
25 3 million population in which an order for child support is
26 entered, and in supplementary proceedings in such a county
27 counties to enforce or vary the terms of such order arising
28 out of an action filed in such a county counties, the court,
29 except in actions or supplementary proceedings in which the
30 pregnancy and delivery expenses of the mother or the child
31 support payments are for a recipient of aid under the
32 Illinois Public Aid Code, shall direct that child support
33 payments be made to the clerk of the court unless in the
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1 discretion of the court exceptional circumstances warrant
2 otherwise. In cases where payment is to be made to persons
3 other than the clerk of the court the judgment or order of
4 support shall set forth the facts of the exceptional
5 circumstances.
6 (2) In an action filed in a county counties of 3 million
7 or more population in which an order for child support is
8 entered, and in supplementary proceedings in such a county
9 counties to enforce or vary the terms of such order arising
10 out of an action filed date in such a county counties, the
11 court, except in actions or supplementary proceedings in
12 which the pregnancy and delivery expenses of the mother or
13 the child support payments are for a recipient of aid under
14 the Illinois Public Aid Code, shall direct that child support
15 payments be made either to the clerk of the court or to the
16 Court Service Division of the County Department of Public
17 Aid, or to the clerk of the court or to the Illinois
18 Department of Public Aid, unless in the discretion of the
19 court exceptional circumstances warrant otherwise. In cases
20 where payment is to be made to persons other than the clerk
21 of the court, the Court Service Division of the County
22 Department of Public Aid, or the Illinois Department of
23 Public Aid, the judgment or order of support shall set forth
24 the facts of the exceptional circumstances.
25 (3) Where the action or supplementary proceeding is in
26 behalf of a mother for pregnancy and delivery expenses or for
27 child support, or both, and the mother, child, or both, are
28 recipients of aid under the Illinois Public Aid Code, the
29 court shall order that the payments be made directly to (a)
30 the Illinois Department of Public Aid if the mother or child,
31 or both, are recipients under Articles IV or V of the Code,
32 or (b) the local governmental unit responsible for the
33 support of the mother or child, or both, if they are
34 recipients under Articles VI or VII of the Code. In
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1 accordance with federal law and regulations, the Illinois
2 Department of Public Aid may continue to collect current
3 maintenance payments or child support payments, or both,
4 after those persons cease to receive public assistance and
5 until termination of services under Article X of the Illinois
6 Public Aid Code. The Illinois Department of Public Aid shall
7 pay the net amount collected to those persons after deducting
8 any costs incurred in making the collection or any collection
9 fee from the amount of any recovery made. The Illinois
10 Department of Public Aid or the local governmental unit, as
11 the case may be, may direct that payments be made directly to
12 the mother of the child, or to some other person or agency in
13 the child's behalf, upon the removal of the mother and child
14 from the public aid rolls or upon termination of services
15 under Article X of the Illinois Public Aid Code; and upon
16 such direction, the Illinois Department or the local
17 governmental unit, as the case requires, shall give notice of
18 such action to the court in writing or by electronic
19 transmission.
20 (4) All clerks of the court and the Court Service
21 Division of a County Department of Public Aid and the
22 Illinois Department of Public Aid, receiving child support
23 payments under paragraphs (1) or (2) shall disburse the same
24 to the person or persons entitled thereto under the terms of
25 the order. They shall establish and maintain clear and
26 current records of all moneys received and disbursed and of
27 defaults and delinquencies in required payments. The court,
28 by order or rule, shall make provision for the carrying out
29 of these duties.
30 in accordance with the Income Withholding for Support
31 Upon notification in writing or by electronic
32 transmission from the Illinois Department of Public Aid to
33 the clerk of the court that a person who is receiving support
34 payments under this Section is receiving services under the
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1 Child Support Enforcement Program established by Title IV-D
2 of the Social Security Act, any support payments subsequently
3 received by the clerk of the court shall be transmitted in
4 accordance with the instructions of the Illinois Department
5 of Public Aid until the Department gives notice to cease the
6 transmittal. After providing the notification authorized
7 under this paragraph, the Illinois Department of Public Aid
8 shall be entitled as a party to notice of any further
9 proceedings in the case. The clerk of the court shall file a
10 copy of the Illinois Department of Public Aid's notification
11 in the court file. The failure of the clerk to file a copy
12 of the notification in the court file shall not, however,
13 affect the Illinois Department of Public Aid's right to
14 receive notice of further proceedings.
15 Payments under this Section to the Illinois Department of
16 Public Aid pursuant to the Child Support Enforcement Program
17 established by Title IV-D of the Social Security Act shall be
18 paid into the Child Support Enforcement Trust Fund. All
19 other payments under this Section to the Illinois Department
20 of Public Aid shall be deposited in the Public Assistance
21 Recoveries Trust Fund. Disbursement from these funds shall
22 be as provided in the Illinois Public Aid Code. Payments
23 received by a local governmental unit shall be deposited in
24 that unit's General Assistance Fund.
25 (5) The moneys received by persons or agencies
26 designated by the court shall be disbursed by them in
27 accordance with the order. However, the court, on petition
28 of the state's attorney, may enter new orders designating the
29 clerk of the court or the Illinois Department of Public Aid,
30 as the person or agency authorized to receive and disburse
31 child support payments and, in the case of recipients of
32 public aid, the court, on petition of the Attorney General or
33 State's Attorney, shall direct subsequent payments to be paid
34 to the Illinois Department of Public Aid or to the
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1 appropriate local governmental unit, as provided in paragraph
2 (3). Payments of child support by principals or sureties on
3 bonds, or proceeds of any sale for the enforcement of a
4 judgment shall be made to the clerk of the court, the
5 Illinois Department of Public Aid or the appropriate local
6 governmental unit, as the respective provisions of this
7 Section require.
8 (6) For those cases in which child support is payable to
9 the clerk of the circuit court for transmittal to the
10 Illinois Department of Public Aid by order of court or upon
11 notification by the Illinois Department of Public Aid, the
12 clerk shall transmit all such payments, within 4 working days
13 of receipt, to insure that funds are available for immediate
14 distribution by the Department to the person or entity
15 entitled thereto in accordance with standards of the Child
16 Support Enforcement Program established under Title IV-D of
17 the Social Security Act. The clerk shall notify the
18 Department of the date of receipt and amount thereof at the
19 time of transmittal. Where the clerk has entered into an
20 agreement of cooperation with the Department to record the
21 terms of child support orders and payments made thereunder
22 directly into the Department's automated data processing
23 system, the clerk shall account for, transmit and otherwise
24 distribute child support payments in accordance with such
25 agreement in lieu of the requirements contained herein.
26 (Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99;
27 90-790, eff. 8-14-98; revised 11-5-98.)
28 Section 262. The Adoption Act is amended by changing
29 Sections 1, 5, 8, 10, 11, 12a, 17, 18.2, and 18.3a as
30 follows:
31 (750 ILCS 50/1) (from Ch. 40, par. 1501)
32 Sec. 1. Definitions. When used in this Act, unless the
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1 context otherwise requires:
2 A. "Child" means a person under legal age subject to
3 adoption under this Act.
4 B. "Related child" means a child subject to adoption
5 where either or both of the adopting parents stands in any of
6 the following relationships to the child by blood or
7 marriage: parent, grand-parent, brother, sister, step-parent,
8 step-grandparent, step-brother, step-sister, uncle, aunt,
9 great-uncle, great-aunt, or cousin of first degree. A child
10 whose parent has executed a final irrevocable consent to
11 adoption or a final irrevocable surrender for purposes of
12 adoption, or whose parent has had his or her parental rights
13 terminated, is not a related child to that person, unless the
14 consent is determined to be void or is void pursuant to
15 subsection O of Section 10.
16 C. "Agency" for the purpose of this Act means a public
17 child welfare agency or a licensed child welfare agency.
18 D. "Unfit person" means any person whom the court shall
19 find to be unfit to have a child, without regard to the
20 likelihood that the child will be placed for adoption. The
21 grounds of unfitness are any one or more of the following:
22 (a) Abandonment of the child.
23 (a-1) Abandonment of a newborn infant in a
24 hospital.
25 (a-2) Abandonment of a newborn infant in any
26 setting where the evidence suggests that the parent
27 intended to relinquish his or her parental rights.
28 (b) Failure to maintain a reasonable degree of
29 interest, concern or responsibility as to the child's
30 welfare.
31 (c) Desertion of the child for more than 3 months
32 next preceding the commencement of the Adoption
33 proceeding.
34 (d) Substantial neglect of the child if continuous
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1 or repeated.
2 (d-1) Substantial neglect, if continuous or
3 repeated, of any child residing in the household which
4 resulted in the death of that child.
5 (e) Extreme or repeated cruelty to the child.
6 (f) Two or more findings of physical abuse to any
7 children under Section 4-8 of the Juvenile Court Act or
8 Section 2-21 of the Juvenile Court Act of 1987, the most
9 recent of which was determined by the juvenile court
10 hearing the matter to be supported by clear and
11 convincing evidence; a criminal conviction or a finding
12 of not guilty by reason of insanity resulting from the
13 death of any child by physical child abuse; or a finding
14 of physical child abuse resulting from the death of any
15 child under Section 4-8 of the Juvenile Court Act or
16 Section 2-21 of the Juvenile Court Act of 1987.
17 (g) Failure to protect the child from conditions
18 within his environment injurious to the child's welfare.
19 (h) Other neglect of, or misconduct toward the
20 child; provided that in making a finding of unfitness the
21 court hearing the adoption proceeding shall not be bound
22 by any previous finding, order or judgment affecting or
23 determining the rights of the parents toward the child
24 sought to be adopted in any other proceeding except such
25 proceedings terminating parental rights as shall be had
26 under either this Act, the Juvenile Court Act or the
27 Juvenile Court Act of 1987.
28 (i) Depravity. Conviction of any one of the
29 following crimes shall create a presumption that a parent
30 is depraved which can be overcome only by clear and
31 convincing evidence: (1) first degree murder in violation
32 of paragraph 1 or 2 of subsection (a) of Section 9-1 of
33 the Criminal Code of 1961 or conviction of second degree
34 murder in violation of subsection (a) of Section 9-2 of
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1 the Criminal Code of 1961 of a parent of the child to be
2 adopted; (2) first degree murder or second degree murder
3 of any child in violation of the Criminal Code of 1961;
4 (3) attempt or conspiracy to commit first degree murder
5 or second degree murder of any child in violation of the
6 Criminal Code of 1961; (4) solicitation to commit murder
7 of any child, solicitation to commit murder of any child
8 for hire, or solicitation to commit second degree murder
9 of any child in violation of the Criminal Code of 1961;
10 or (5) aggravated criminal sexual assault in violation of
11 Section 12-14(b)(1) of the Criminal Code of 1961.
12 There is a rebuttable presumption that a parent is
13 depraved if the parent has been criminally convicted of
14 at least 3 felonies under the laws of this State or any
15 other state, or under federal law, or the criminal laws
16 of any United States territory; and at least one of these
17 convictions took place within 5 years of the filing of
18 the petition or motion seeking termination of parental
19 rights.
20 There is a rebuttable presumption that a parent is
21 depraved if that parent has been criminally convicted of
22 either first or second degree murder of any person as
23 defined in the Criminal Code of 1961 within 10 years of
24 the filing date of the petition or motion to terminate
25 parental rights.
26 (j) Open and notorious adultery or fornication.
27 (j-1) (Blank).
28 (k) Habitual drunkenness or addiction to drugs,
29 other than those prescribed by a physician, for at least
30 one year immediately prior to the commencement of the
31 unfitness proceeding.
32 There is a rebuttable presumption that a parent is
33 unfit under this subsection with respect to any child to
34 which that parent gives birth where there is a confirmed
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1 test result that at birth the child's blood, urine, or
2 meconium contained any amount of a controlled substance
3 as defined in subsection (f) of Section 102 of the
4 Illinois Controlled Substances Act or metabolites of such
5 substances, the presence of which in the newborn infant
6 was not the result of medical treatment administered to
7 the mother or the newborn infant; and the biological
8 mother of this child is the biological mother of at least
9 one other child who was adjudicated a neglected minor
10 under subsection (c) of Section 2-3 of the Juvenile Court
11 Act of 1987.
12 (l) Failure to demonstrate a reasonable degree of
13 interest, concern or responsibility as to the welfare of
14 a new born child during the first 30 days after its
15 birth.
16 (m) Failure by a parent to make reasonable efforts
17 to correct the conditions that were the basis for the
18 removal of the child from the parent, or to make
19 reasonable progress toward the return of the child to the
20 parent within 9 months after an adjudication of neglected
21 or abused minor under Section 2-3 of the Juvenile Court
22 Act of 1987 or dependent minor under Section 2-4 of that
23 Act. If a service plan has been established as required
24 under Section 8.2 of the Abused and Neglected Child
25 Reporting Act to correct the conditions that were the
26 basis for the removal of the child from the parent and if
27 those services were available, then, for purposes of this
28 Act, "failure to make reasonable progress toward the
29 return of the child to the parent" includes the parent's
30 failure to substantially fulfill his or her obligations
31 under the service plan and correct the conditions that
32 brought the child into care within 9 months after the
33 adjudication under Section 2-3 or 2-4 of the Juvenile
34 Court Act of 1987.
-1616- LRB9101253EGfg
1 (m-1) Pursuant to the Juvenile Court Act of 1987, a
2 child has been in foster care for 15 months out of any 22
3 month period which begins on or after the effective date
4 of this amendatory Act of 1998 unless the child's parent
5 can prove by a preponderance of the evidence that it is
6 more likely than not that it will be in the best
7 interests of the child to be returned to the parent
8 within 6 months of the date on which a petition for
9 termination of parental rights is filed under the
10 Juvenile Court Act of 1987. The 15 month time limit is
11 tolled during any period for which there is a court
12 finding that the appointed custodian or guardian failed
13 to make reasonable efforts to reunify the child with his
14 or her family, provided that (i) the finding of no
15 reasonable efforts is made within 60 days of the period
16 when reasonable efforts were not made or (ii) the parent
17 filed a motion requesting a finding of no reasonable
18 efforts within 60 days of the period when reasonable
19 efforts were not made. For purposes of this subdivision
20 (m-1), the date of entering foster care is the earlier
21 of: (i) the date of a judicial finding at an adjudicatory
22 hearing that the child is an abused, neglected, or
23 dependent minor; or (ii) 60 days after the date on which
24 the child is removed from his or her parent, guardian, or
25 legal custodian.
26 (n) Evidence of intent to forgo forego his or her
27 parental rights, whether or not the child is a ward of
28 the court, (1) as manifested by his or her failure for a
29 period of 12 months: (i) to visit the child, (ii) to
30 communicate with the child or agency, although able to do
31 so and not prevented from doing so by an agency or by
32 court order, or (iii) to maintain contact with or plan
33 for the future of the child, although physically able to
34 do so, or (2) as manifested by the father's failure,
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1 where he and the mother of the child were unmarried to
2 each other at the time of the child's birth, (i) to
3 commence legal proceedings to establish his paternity
4 under the Illinois Parentage Act of 1984 or the law of
5 the jurisdiction of the child's birth within 30 days of
6 being informed, pursuant to Section 12a of this Act, that
7 he is the father or the likely father of the child or,
8 after being so informed where the child is not yet born,
9 within 30 days of the child's birth, or (ii) to make a
10 good faith effort to pay a reasonable amount of the
11 expenses related to the birth of the child and to provide
12 a reasonable amount for the financial support of the
13 child, the court to consider in its determination all
14 relevant circumstances, including the financial condition
15 of both parents; provided that the ground for termination
16 provided in this subparagraph (n)(2)(ii) shall only be
17 available where the petition is brought by the mother or
18 the husband of the mother.
19 Contact or communication by a parent with his or her
20 child that does not demonstrate affection and concern
21 does not constitute reasonable contact and planning under
22 subdivision (n). In the absence of evidence to the
23 contrary, the ability to visit, communicate, maintain
24 contact, pay expenses and plan for the future shall be
25 presumed. The subjective intent of the parent, whether
26 expressed or otherwise, unsupported by evidence of the
27 foregoing parental acts manifesting that intent, shall
28 not preclude a determination that the parent has intended
29 to forgo forego his or her parental rights. In making
30 this determination, the court may consider but shall not
31 require a showing of diligent efforts by an authorized
32 agency to encourage the parent to perform the acts
33 specified in subdivision (n).
34 It shall be an affirmative defense to any allegation
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1 under paragraph (2) of this subsection that the father's
2 failure was due to circumstances beyond his control or to
3 impediments created by the mother or any other person
4 having legal custody. Proof of that fact need only be by
5 a preponderance of the evidence.
6 (o) Repeated or continuous failure by the parents,
7 although physically and financially able, to provide the
8 child with adequate food, clothing, or shelter.
9 (p) Inability to discharge parental
10 responsibilities supported by competent evidence from a
11 psychiatrist, licensed clinical social worker, or
12 clinical psychologist of mental impairment, mental
13 illness or mental retardation as defined in Section 1-116
14 of the Mental Health and Developmental Disabilities Code,
15 or developmental disability as defined in Section 1-106
16 of that Code, and there is sufficient justification to
17 believe that the inability to discharge parental
18 responsibilities shall extend beyond a reasonable time
19 period. However, this subdivision (p) shall not be
20 construed so as to permit a licensed clinical social
21 worker to conduct any medical diagnosis to determine
22 mental illness or mental impairment.
23 (q) The parent has been criminally convicted of
24 aggravated battery, heinous battery, or attempted murder
25 of any child.
26 (r) The child is in the temporary custody or
27 guardianship of the Department of Children and Family
28 Services, the parent is incarcerated as a result of
29 criminal conviction at the time the petition or motion
30 for termination of parental rights is filed, prior to
31 incarceration the parent had little or no contact with
32 the child or provided little or no support for the child,
33 and the parent's incarceration will prevent the parent
34 from discharging his or her parental responsibilities for
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1 the child for a period in excess of 2 years after the
2 filing of the petition or motion for termination of
3 parental rights.
4 (s) The child is in the temporary custody or
5 guardianship of the Department of Children and Family
6 Services, the parent is incarcerated at the time the
7 petition or motion for termination of parental rights is
8 filed, the parent has been repeatedly incarcerated as a
9 result of criminal convictions, and the parent's repeated
10 incarceration has prevented the parent from discharging
11 his or her parental responsibilities for the child.
12 (t) A finding that at birth the child's blood,
13 urine, or meconium contained any amount of a controlled
14 substance as defined in subsection (f) of Section 102 of
15 the Illinois Controlled Substances Act, or a metabolite
16 of a controlled substance, with the exception of
17 controlled substances or metabolites of such substances,
18 the presence of which in the newborn infant was the
19 result of medical treatment administered to the mother or
20 the newborn infant, and that the biological mother of
21 this child is the biological mother of at least one other
22 child who was adjudicated a neglected minor under
23 subsection (c) of Section 2-3 of the Juvenile Court Act
24 of 1987, after which the biological mother had the
25 opportunity to enroll in and participate in a clinically
26 appropriate substance abuse counseling, treatment, and
27 rehabilitation program.
28 E. "Parent" means the father or mother of a legitimate
29 or illegitimate child. For the purpose of this Act, a person
30 who has executed a final and irrevocable consent to adoption
31 or a final and irrevocable surrender for purposes of
32 adoption, or whose parental rights have been terminated by a
33 court, is not a parent of the child who was the subject of
34 the consent or surrender, unless the consent is void pursuant
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1 to subsection O of Section 10.
2 F. A person is available for adoption when the person
3 is:
4 (a) a child who has been surrendered for adoption
5 to an agency and to whose adoption the agency has
6 thereafter consented;
7 (b) a child to whose adoption a person authorized
8 by law, other than his parents, has consented, or to
9 whose adoption no consent is required pursuant to Section
10 8 of this Act;
11 (c) a child who is in the custody of persons who
12 intend to adopt him through placement made by his
13 parents;
14 (c-1) a child for whom a parent has signed a
15 specific consent pursuant to subsection O of Section 10;
16 or
17 (d) an adult who meets the conditions set forth in
18 Section 3 of this Act.
19 A person who would otherwise be available for adoption
20 shall not be deemed unavailable for adoption solely by reason
21 of his or her death.
22 G. The singular includes the plural and the plural
23 includes the singular and the "male" includes the "female",
24 as the context of this Act may require.
25 H. "Adoption disruption" occurs when an adoptive
26 placement does not prove successful and it becomes necessary
27 for the child to be removed from placement before the
28 adoption is finalized.
29 I. "Foreign placing agency" is an agency or individual
30 operating in a country or territory outside the United States
31 that is authorized by its country to place children for
32 adoption either directly with families in the United States
33 or through United States based international agencies.
34 J. "Immediate relatives" means the biological parents,
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1 the parents of the biological parents and siblings of the
2 biological parents.
3 K. "Intercountry adoption" is a process by which a child
4 from a country other than the United States is adopted.
5 L. "Intercountry Adoption Coordinator" is a staff person
6 of the Department of Children and Family Services appointed
7 by the Director to coordinate the provision of services by
8 the public and private sector to prospective parents of
9 foreign-born children.
10 M. "Interstate Compact on the Placement of Children" is
11 a law enacted by most states for the purpose of establishing
12 uniform procedures for handling the interstate placement of
13 children in foster homes, adoptive homes, or other child care
14 facilities.
15 N. "Non-Compact state" means a state that has not
16 enacted the Interstate Compact on the Placement of Children.
17 O. "Preadoption requirements" are any conditions
18 established by the laws or regulations of the Federal
19 Government or of each state that must be met prior to the
20 placement of a child in an adoptive home.
21 P. "Abused child" means a child whose parent or
22 immediate family member, or any person responsible for the
23 child's welfare, or any individual residing in the same home
24 as the child, or a paramour of the child's parent:
25 (a) inflicts, causes to be inflicted, or allows to
26 be inflicted upon the child physical injury, by other
27 than accidental means, that causes death, disfigurement,
28 impairment of physical or emotional health, or loss or
29 impairment of any bodily function;
30 (b) creates a substantial risk of physical injury
31 to the child by other than accidental means which would
32 be likely to cause death, disfigurement, impairment of
33 physical or emotional health, or loss or impairment of
34 any bodily function;
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1 (c) commits or allows to be committed any sex
2 offense against the child, as sex offenses are defined in
3 the Criminal Code of 1961 and extending those definitions
4 of sex offenses to include children under 18 years of
5 age;
6 (d) commits or allows to be committed an act or
7 acts of torture upon the child; or
8 (e) inflicts excessive corporal punishment.
9 Q. "Neglected child" means any child whose parent or
10 other person responsible for the child's welfare withholds or
11 denies nourishment or medically indicated treatment including
12 food or care denied solely on the basis of the present or
13 anticipated mental or physical impairment as determined by a
14 physician acting alone or in consultation with other
15 physicians or otherwise does not provide the proper or
16 necessary support, education as required by law, or medical
17 or other remedial care recognized under State law as
18 necessary for a child's well-being, or other care necessary
19 for his or her well-being, including adequate food, clothing
20 and shelter; or who is abandoned by his or her parents or
21 other person responsible for the child's welfare.
22 A child shall not be considered neglected or abused for
23 the sole reason that the child's parent or other person
24 responsible for his or her welfare depends upon spiritual
25 means through prayer alone for the treatment or cure of
26 disease or remedial care as provided under Section 4 of the
27 Abused and Neglected Child Reporting Act.
28 R. "Putative father" means a man who may be a child's
29 father, but who (1) is not married to the child's mother on
30 or before the date that the child was or is to be born and
31 (2) has not established paternity of the child in a court
32 proceeding before the filing of a petition for the adoption
33 of the child. The term includes a male who is less than 18
34 years of age. "Putative father" does not mean a man who is
-1623- LRB9101253EGfg
1 the child's father as a result of criminal sexual abuse or
2 assault as defined under Article 12 of the Criminal Code of
3 1961.
4 (Source: P.A. 89-235, eff. 8-4-95; 89-704, eff. 8-16-97
5 (changed from 1-1-98 by P.A. 90-443); 90-13, eff. 6-13-97;
6 90-15, eff. 6-13-97; 90-27, eff. 1-1-98 except subdiv. (D)(m)
7 eff. 6-25-97; 90-28, eff. 1-1-98 except subdiv. (D)(m) eff.
8 6-25-97; 90-443, eff. 8-16-97; 90-608, eff. 6-30-98; 90-655,
9 eff. 7-30-98; revised 10-31-98.)
10 (750 ILCS 50/5) (from Ch. 40, par. 1507)
11 Sec. 5. Petition, contents, verification, filing.
12 A. A proceeding to adopt a child, other than a related
13 child, shall be commenced by the filing of a petition within
14 30 days after such child has become available for adoption,
15 provided that such petition may be filed at a later date by
16 leave of court upon a showing that the failure to file such
17 petition within such 30 day period was not due to the
18 petitioners' culpable negligence or their wilful disregard of
19 the provisions of this Section. In the case of a child born
20 outside the United States or a territory thereof, if the
21 prospective adoptive parents of such child have been
22 appointed guardians of such child by a court of competent
23 jurisdiction in a country other than the United States or a
24 territory thereof, such parents shall file a petition as
25 provided in this Section within 30 days after entry of the
26 child into the United States. A petition to adopt an adult
27 or a related child may be filed at any time. A petition for
28 adoption may include more than one person sought to be
29 adopted.
30 B. A petition to adopt a child other than a related
31 child shall state:
32 (a) The full names of the petitioners and, if
33 minors, their respective ages;
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1 (b) The place of residence of the petitioners and
2 the length of residence of each in the State of Illinois
3 immediately preceding the filing of the petition;
4 (c) When the petitioners acquired, or intend to
5 acquire, custody of the child, and the name and address
6 of the persons or agency from whom the child was or will
7 be received;
8 (d) The name, the place and date of birth if known,
9 and the sex of the child sought to be adopted;
10 (e) The relationship, if any, of the child to each
11 petitioner;
12 (f) The names, if known, and the place of
13 residence, if known, of the parents; and whether such
14 parents are minors, or otherwise under any legal
15 disability. The names and addresses of the parents shall
16 be omitted and they shall not be made parties defendant
17 to the petition if (1) the rights of the parents have
18 been terminated by a court of competent jurisdiction, or
19 (2) if the child has been surrendered to an agency, or
20 (3) if the parent or parents have been served with the
21 notice provided in Section 12a of this Act and said
22 parent or parents have filed a disclaimer of paternity as
23 therein provided or have failed to file such declaration
24 of paternity or a request for notice as provided in said
25 Section; .
26 (g) If it is alleged that the child has no living
27 parent, then the name of the guardian, if any, of such
28 child and the court which appointed such guardian;
29 (h) If it is alleged that the child has no living
30 parent and that no guardian of such child is known to
31 petitioners, then the name of a near relative, if known,
32 shall be set forth, or an allegation that no near
33 relative is known and on due inquiry cannot be
34 ascertained by petitioners; :
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1 (i) The name to be given the child or adult;
2 (j) That the person or agency, having authority to
3 consent under Section 8 of this Act, has consented, or
4 has indicated willingness to consent, to the adoption of
5 the child by the petitioners, or that the person having
6 authority to consent is an unfit person and the ground
7 therefor, or that no consent is required under paragraph
8 (f) of Section 8 of this Act;
9 (k) Whatever orders, judgments or decrees have
10 heretofore been entered by any court affecting (1)
11 adoption or custody of the child, or (2) the adoptive,
12 custodial or parental rights of either petitioner,
13 including the prior denial of any petition for adoption
14 pertaining to such child, or to the petitioners, or
15 either of them.
16 C. A petition to adopt a related child shall include the
17 information specified in sub-paragraphs (a), (b), (d), (e),
18 (f), (i) and (k) of paragraph B and a petition to adopt an
19 adult shall contain the information required by
20 sub-paragraphs (a), (b) and (i) of paragraph B in addition to
21 the name, place, date of birth and sex of such adult.
22 D. The petition shall be verified by the petitioners.
23 E. Upon the filing of the petition the petitioners shall
24 furnish the Clerk of the Court in which the petition is
25 pending such information not contained in such petition as
26 shall be necessary to enable the Clerk of such Court to
27 complete a certificate of adoption as hereinafter provided.
28 (Source: P.A. 87-1129; 88-148; revised 10-31-98.)
29 (750 ILCS 50/8) (from Ch. 40, par. 1510)
30 Sec. 8. Consents to adoption and surrenders for purposes
31 of adoption.
32 (a) Except as hereinafter provided in this Section
33 consents or surrenders shall be required in all cases, unless
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1 the person whose consent or surrender would otherwise be
2 required shall be found by the court:
3 (1) to be an unfit person as defined in Section 1
4 of this Act, by clear and convincing evidence; or
5 (2) not to be the biological or adoptive father of
6 the child; or
7 (3) to have waived his parental rights to the child
8 under Section 12a or 12.1 of this Act; or
9 (4) to be the parent of an adult sought to be
10 adopted; or
11 (5) to be the father of the child as a result of
12 criminal sexual abuse or assault as defined under Article
13 12 of the Criminal Code of 1961.
14 (b) Where consents are required in the case of an
15 adoption of a minor child, the consents of the following
16 persons shall be sufficient:
17 (1) (A) The mother of the minor child; and
18 (B) The father of the minor child, if the father:
19 (i) was married to the mother on the date of
20 birth of the child or within 300 days before the
21 birth of the child, except for a husband or former
22 husband who has been found by a court of competent
23 jurisdiction not to be the biological father of the
24 child; or
25 (ii) is the father of the child under a
26 judgment for adoption, an order of parentage, or an
27 acknowledgment of parentage or paternity pursuant to
28 subsection (a) of Section 5 of the Illinois
29 Parentage Act of 1984; or
30 (iii) in the case of a child placed with the
31 adopting parents less than 6 months after birth,
32 openly lived with the child, the child's biological
33 mother, or both, and held himself out to be the
34 child's biological father during the first 30 days
-1627- LRB9101253EGfg
1 following the birth of the child; or
2 (iv) in the case of a child placed with the
3 adopting parents less than 6 months after birth,
4 made a good faith effort to pay a reasonable amount
5 of the expenses related to the birth of the child
6 and to provide a reasonable amount for the financial
7 support of the child before the expiration of 30
8 days following the birth of the child, provided that
9 the court may consider in its determination all
10 relevant circumstances, including the financial
11 condition of both biological parents; or
12 (v) in the case of a child placed with the
13 adopting parents more than 6 months after birth, has
14 maintained substantial and continuous or repeated
15 contact with the child as manifested by: (I) the
16 payment by the father toward the support of the
17 child of a fair and reasonable sum, according to the
18 father's means, and either (II) the father's
19 visiting the child at least monthly when physically
20 and financially able to do so and not prevented from
21 doing so by the person or authorized agency having
22 lawful custody of the child, or (III) the father's
23 regular communication with the child or with the
24 person or agency having the care or custody of the
25 child, when physically and financially unable to
26 visit the child or prevented from doing so by the
27 person or authorized agency having lawful custody of
28 the child. The subjective intent of the father,
29 whether expressed or otherwise unsupported by
30 evidence of acts specified in this sub-paragraph as
31 manifesting such intent, shall not preclude a
32 determination that the father failed to maintain
33 substantial and continuous or repeated contact with
34 the child; or
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1 (vi) in the case of a child placed with the
2 adopting parents more than six months after birth,
3 openly lived with the child for a period of six
4 months within the one year period immediately
5 preceding the placement of the child for adoption
6 and openly held himself out to be the father of the
7 child; or
8 (vii) has timely registered with Putative
9 Father Registry, as provided in Section 12.1 of this
10 Act, and prior to the expiration of 30 days from the
11 date of such registration, commenced legal
12 proceedings to establish paternity under the
13 Illinois Parentage Act of 1984 or under the law of
14 the jurisdiction of the child's birth; or
15 (2) The legal guardian of the person of the child,
16 if there is no surviving parent; or
17 (3) An agency, if the child has been surrendered
18 for adoption to such agency; or
19 (4) Any person or agency having legal custody of a
20 child by court order if the parental rights of the
21 parents have been judicially terminated, and the court
22 having jurisdiction of the guardianship of the child has
23 authorized the consent to the adoption; or
24 (5) The execution and verification of the petition
25 by any petitioner who is also a parent of the child
26 sought to be adopted shall be sufficient evidence of such
27 parent's consent to the adoption.
28 (c) Where surrenders to an agency are required in the
29 case of a placement for adoption of a minor child by an
30 agency, the surrenders of the following persons shall be
31 sufficient:
32 (1) (A) The mother of the minor child; and
33 (B) The father of the minor child, if the father: ;
34 this .... day of ...., 19....
31 .........................
32 If under Section 8 the consent of more than one person is
33 required, then each such person shall execute a separate
-1632- LRB9101253EGfg
1 consent.
2 B. The form of consent required for the adoption of an
3 unborn child shall be substantially as follows:
4 CONSENT TO ADOPTION OF UNBORN CHILD
5 I, ...., state:
6 That I am the father of a child expected to be born on or
7 about .... to .... (name of mother).
8 That I reside at .... County of ...., and State of .....
9 That I am of the age of .... years.
10 That I hereby enter my appearance in such adoption
11 proceeding and waive service of summons on me.
12 That I do hereby consent and agree to the adoption of
13 such child, and that I have not previously executed a consent
14 or surrender with respect to such child.
15 That I wish to and do understand that by signing this
16 consent I do irrevocably and permanently give up all custody
17 and other parental rights I have to such child, except that I
18 have the right to revoke this consent by giving written
19 notice of my revocation not later than 72 hours after the
20 birth of the child.
21 That I understand such child will be placed for adoption
22 and that, except as hereinabove provided, I cannot under any
23 circumstances, after signing this document, change my mind
24 and revoke or cancel this consent or obtain or recover
25 custody or any other rights over such child.
26 That I have read and understand the above and I am
27 signing it as my free and voluntary act.
28 Dated (insert date). this .... day of ...., 19...
29 ........................
30 C. The form of surrender to any agency given by a parent
31 of a born child who is to be subsequently placed for adoption
32 shall be substantially as follows and shall contain such
33 other facts and statements as the particular agency shall
34 require.
-1633- LRB9101253EGfg
1 FINAL AND IRREVOCABLE SURRENDER
2 FOR PURPOSES OF ADOPTION
3 I, .... (relationship, e.g., mother, father, relative,
4 guardian) of ...., a ..male child, state:
5 That such child was born on ...., at .....
6 That I reside at ...., County of ...., and State of .....
7 That I am of the age of .... years.
8 That I do hereby surrender and entrust the entire custody
9 and control of such child to the .... (the "Agency"), a
10 (public) (licensed) child welfare agency with its principal
11 office in the City of ...., County of .... and State of ....,
12 for the purpose of enabling it to care for and supervise the
13 care of such child, to place such child for adoption and to
14 consent to the legal adoption of such child.
15 That I hereby grant to the Agency full power and
16 authority to place such child with any person or persons it
17 may in its sole discretion select to become the adopting
18 parent or parents and to consent to the legal adoption of
19 such child by such person or persons; and to take any and all
20 measures which, in the judgment of the Agency, may be for the
21 best interests of such child, including authorizing medical,
22 surgical and dental care and treatment including inoculation
23 and anaesthesia for such child.
24 That I wish to and understand that by signing this
25 surrender I do irrevocably and permanently give up all
26 custody and other parental rights I have to such child.
27 That I understand I cannot under any circumstances, after
28 signing this surrender, change my mind and revoke or cancel
29 this surrender or obtain or recover custody or any other
30 rights over such child.
31 That I have read and understand the above and I am
32 signing it as my free and voluntary act.
33 Dated (insert date). this .... day of ...., 19...
34 ........................
-1634- LRB9101253EGfg
1 D. The form of surrender to an agency given by a parent
2 of an unborn child who is to be subsequently placed for
3 adoption shall be substantially as follows and shall contain
4 such other facts and statements as the particular agency
5 shall require.
6 SURRENDER OF UNBORN CHILD FOR
7 PURPOSES OF ADOPTION
8 I, .... (father), state:
9 That I am the father of a child expected to be born on or
10 about .... to .... (name of mother).
11 That I reside at ...., County of ...., and State of .....
12 That I am of the age of .... years.
13 That I do hereby surrender and entrust the entire custody
14 and control of such child to the .... (the "Agency"), a
15 (public) (licensed) child welfare agency with its principal
16 office in the City of ...., County of .... and State of ....,
17 for the purpose of enabling it to care for and supervise the
18 care of such child, to place such child for adoption and to
19 consent to the legal adoption of such child, and that I have
20 not previously executed a consent or surrender with respect
21 to such child.
22 That I hereby grant to the Agency full power and
23 authority to place such child with any person or persons it
24 may in its sole discretion select to become the adopting
25 parent or parents and to consent to the legal adoption of
26 such child by such person or persons; and to take any and all
27 measures which, in the judgment of the Agency, may be for the
28 best interests of such child, including authorizing medical,
29 surgical and dental care and treatment, including inoculation
30 and anaesthesia for such child.
31 That I wish to and understand that by signing this
32 surrender I do irrevocably and permanently give up all
33 custody and other parental rights I have to such child.
34 That I understand I cannot under any circumstances, after
-1635- LRB9101253EGfg
1 signing this surrender, change my mind and revoke or cancel
2 this surrender or obtain or recover custody or any other
3 rights over such child, except that I have the right to
4 revoke this surrender by giving written notice of my
5 revocation not later than 72 hours after the birth of such
6 child.
7 That I have read and understand the above and I am
8 signing it as my free and voluntary act.
9 Dated (insert date). this .... day of ...., 19...
10 ........................
11 E. The form of consent required from the parents for the
12 adoption of an adult, when such adult elects to obtain such
13 consent, shall be substantially as follows:
14 CONSENT
15 I, ...., (father) (mother) of ...., an adult, state:
16 That I reside at ...., County of .... and State of .....
17 That I do hereby consent and agree to the adoption of
18 such adult by .... and .....
19 Dated (insert date). this .... day of .......... 19
20 .........................
21 F. The form of consent required for the adoption of a
22 child of the age of 14 years or upwards, or of an adult, to
23 be given by such person, shall be substantially as follows:
24 CONSENT
25 I, ...., state:
26 That I reside at ...., County of .... and State of .....
27 That I am of the age of .... years. That I consent and agree
28 to my adoption by .... and .....
29 Dated (insert date). this .... day of ......., 19...
30 ........................
31 G. The form of consent given by an agency to the
32 adoption by specified persons of a child previously
33 surrendered to it shall set forth that the agency has the
34 authority to execute such consent. The form of consent given
-1636- LRB9101253EGfg
1 by a guardian of the person of a child sought to be adopted,
2 appointed by a court of competent jurisdiction, shall set
3 forth the facts of such appointment and the authority of the
4 guardian to execute such consent.
5 H. A consent (other than that given by an agency, or
6 guardian of the person of the child sought to be adopted
7 appointed by a court of competent jurisdiction) shall be
8 acknowledged by a parent before the presiding judge of the
9 court in which the petition for adoption has been, or is to
10 be filed or before any other judge or hearing officer
11 designated or subsequently approved by the court, or the
12 circuit clerk if so authorized by the presiding judge or,
13 except as otherwise provided in this Act, before a
14 representative of the Department of Children and Family
15 Services or a licensed child welfare agency, or before social
16 service personnel under the jurisdiction of a court of
17 competent jurisdiction, or before social service personnel of
18 the Cook County Department of Supportive Services designated
19 by the presiding judge.
20 I. A surrender, or any other document equivalent to a
21 surrender, by which a child is surrendered to an agency shall
22 be acknowledged by the person signing such surrender, or
23 other document, before a judge or hearing officer or the
24 clerk of any court of record, either in this State or any
25 other state of the United States, or before a representative
26 of an agency or before any other person designated or
27 approved by the presiding judge of the court in which the
28 petition for adoption has been, or is to be, filed.
29 J. The form of the certificate of acknowledgment for a
30 consent, a surrender, or any other document equivalent to a
31 surrender, shall be substantially as follows:
32 STATE OF ....)
33 ) SS.
34 COUNTY OF ...)
-1637- LRB9101253EGfg
1 I, .... (Name of judge or other person), .... (official
2 title, name and location of court or status or position of
3 other person), certify that ...., personally known to me to
4 be the same person whose name is subscribed to the foregoing
5 (consent) (surrender), appeared before me this day in person
6 and acknowledged that (she) (he) signed and delivered such
7 (consent) (surrender) as (her) (his) free and voluntary act,
8 for the specified purpose.
9 I have fully explained that by signing such (consent)
10 (surrender) (she) (he) is irrevocably relinquishing all
11 parental rights to such child or adult and (she) (he) has
12 stated that such is (her) (his) intention and desire.
13 Dated (insert date). 19
14 Signature ...............
15 K. When the execution of a consent or a surrender is
16 acknowledged before someone other than a judge or the clerk
17 of a court of record, such other person shall have his
18 signature on the certificate acknowledged before a notary
19 public, in form substantially as follows:
20 STATE OF ....)
21 ) SS.
22 COUNTY OF ...)
23 I, a Notary Public, in and for the County of ......, in
24 the State of ......, certify that ...., personally known to
25 me to be the same person whose name is subscribed to the
26 foregoing certificate of acknowledgment, appeared before me
27 in person and acknowledged that (she) (he) signed such
28 certificate as (her) (his) free and voluntary act and that
29 the statements made in the certificate are true.
30 Dated (insert date). ......... 19...
31 Signature ...................... Notary Public
32 (official seal)
33 There shall be attached a certificate of magistracy, or
34 other comparable proof of office of the notary public
-1638- LRB9101253EGfg
1 satisfactory to the court, to a consent signed and
2 acknowledged in another state.
3 L. A surrender or consent executed and acknowledged
4 outside of this State, either in accordance with the law of
5 this State or in accordance with the law of the place where
6 executed, is valid.
7 M. Where a consent or a surrender is signed in a foreign
8 country, the execution of such consent shall be acknowledged
9 or affirmed in a manner conformable to the law and procedure
10 of such country.
11 N. If the person signing a consent or surrender is in
12 the military service of the United States, the execution of
13 such consent or surrender may be acknowledged before a
14 commissioned officer and the signature of such officer on
15 such certificate shall be verified or acknowledged before a
16 notary public or by such other procedure as is then in effect
17 for such division or branch of the armed forces.
18 O. (1) The parent or parents of a child in whose
19 interests a petition under Section 2-13 of the Juvenile Court
20 Act of 1987 is pending may, with the approval of the
21 designated representative of the Department of Children and
22 Family Services, execute a consent to adoption by a specified
23 person or persons:
24 (a) in whose physical custody the child has resided
25 for at least one year; or
26 (b) in whose physical custody at least one sibling
27 of the child who is the subject of this consent has
28 resided for at least one year, and the child who is the
29 subject of this consent is currently residing in this
30 foster home; or
31 (c) in whose physical custody a child under one
32 year of age has resided for at least 3 months.
33 A consent under this subsection O shall be acknowledged by a
34 parent pursuant to subsection H and subsection K of this
-1639- LRB9101253EGfg
1 Section.
2 (2) The consent to adoption by a specified person or
3 persons shall have the caption of the proceeding in which it
4 is to be filed and shall be substantially as follows:
5 FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY
6 A SPECIFIED PERSON OR PERSONS
7 I, ......................................, the
8 .................. (mother or father) of a ....male child,
9 state:
10 1. My child ............................ (name of
11 child) was born on (insert date) ............, ...... at
12 .................... Hospital in ................ County,
13 State of .............. .
14 2. I reside at ......................, County of
15 ............. and State of ............. .
16 3. I, ..........................., am .... years
17 old.
18 4. I enter my appearance in this action to adopt my
19 child by the person or persons specified herein by me and
20 waive service of summons on me in this action only.
21 5. I consent to the adoption of my child by
22 ............................. (specified person or
23 persons) only.
24 6. I wish to sign this consent and I understand
25 that by signing this consent I irrevocably and
26 permanently give up all parental rights I have to my
27 child if my child is adopted by
28 ............................. (specified person or
29 persons).
30 7. I understand my child will be adopted by
31 ............................. (specified person or
32 persons) only and that I cannot under any circumstances,
33 after signing this document, change my mind and revoke or
34 cancel this consent or obtain or recover custody or any
-1640- LRB9101253EGfg
1 other rights over my child if
2 ............................ (specified person or
3 persons) adopt my child.
4 8. I understand that this consent to adoption is
5 valid only if the petition to adopt is filed within one
6 year from the date that I sign it and that if
7 ....................... (specified person or persons),
8 for any reason, cannot or will not file a petition to
9 adopt my child within that one year period or if their
10 adoption petition is denied, then this consent will be
11 void. I have the right to notice of any other proceeding
12 that could affect my parental rights, except for the
13 proceeding for ............. (specified person or
14 persons) to adopt my child.
15 9. I have read and understand the above and I am
16 signing it as my free and voluntary act.
17 Dated (insert date). this ..... day of .....,
18 .......
19 .............................................
20 Signature of parent
21 (3) If the parent consents to an adoption by 2 specified
22 persons, then the form shall contain 2 additional paragraphs
23 in substantially the following form:
24 10. If ............... (specified persons) get a
25 divorce before the petition to adopt my child is granted,
26 then .......... (specified person) shall adopt my child.
27 I understand that I cannot change my mind and revoke this
28 consent or obtain or recover custody over my child if
29 ............. (specified persons) divorce and
30 ............. (specified person) adopts my child. I
31 understand that I cannot change my mind and revoke this
32 consent or obtain or recover custody over my child if
33 ................. (specified persons) divorce after the
34 adoption is final. I understand that this consent to
-1641- LRB9101253EGfg
1 adoption has no effect on who will get custody of my
2 child if they divorce after the adoption is final.
3 11. I understand that if either ...............
4 (specified persons) dies before the petition to adopt my
5 child is granted, then the surviving person can adopt my
6 child. I understand that I cannot change my mind and
7 revoke this consent or obtain or recover custody over my
8 child if the surviving person adopts my child.
9 A consent to adoption by specified persons on this form
10 shall have no effect on a court's determination of custody or
11 visitation under the Illinois Marriage and Dissolution of
12 Marriage Act if the marriage of the specified persons is
13 dissolved after the adoption is final.
14 (4) The form of the certificate of acknowledgement for a
15 Final and Irrevocable Consent for Adoption by a Specified
16 Person or Persons shall be substantially as follows:
17 STATE OF..............)
18 ) SS.
19 COUNTY OF.............)
20 I, .................... (Name of Judge or other person),
21 ..................... (official title, name, and address),
22 certify that ............., personally known to me to be the
23 same person whose name is subscribed to the foregoing Final
24 and Irrevocable Consent for Adoption by a Specified Person or
25 Persons, appeared before me this day in person and
26 acknowledged that (she)(he) signed and delivered the consent
27 as (her)(his) free and voluntary act, for the specified
28 purpose.
29 I have fully explained that this consent to adoption is
30 valid only if the petition to adopt is filed within one year
31 from the date that it is signed, and that if the specified
32 person or persons, for any reason, cannot or will not adopt
33 the child or if the adoption petition is denied, then this
-1642- LRB9101253EGfg
1 consent will be void. I have fully explained that if the
2 specified person or persons adopt the child, by signing this
3 consent (she)(he) is irrevocably and permanently
4 relinquishing all parental rights to the child, and (she)(he)
5 has stated that such is (her)(his) intention and desire.
6 Dated (insert date). ............., ........
7 ...............................
8 Signature
9 (5) If a consent to adoption by a specified person or
10 persons is executed in this form, the following provisions
11 shall apply. The consent shall be valid only if that
12 specified person or persons adopt the child. The consent
13 shall be void if:
14 (a) the specified person or persons do not file a
15 petition to adopt the child within one year after the
16 consent is signed; or
17 (b) a court denies the adoption petition; or
18 (c) the Department of Children and Family Services
19 Guardianship Administrator determines that the specified
20 person or persons will not or cannot complete the
21 adoption, or in the best interests of the child should
22 not adopt the child.
23 Within 30 days of the consent becoming void, the
24 Department of Children and Family Services Guardianship
25 Administrator shall make good faith attempts to notify the
26 parent in writing and shall give written notice to the court
27 and all additional parties in writing that the adoption has
28 not occurred or will not occur and that the consent is void.
29 If the adoption by a specified person or persons does not
30 occur, no proceeding for termination of parental rights shall
31 be brought unless the biological parent who executed the
32 consent to adoption by a specified person or persons has been
33 notified of the proceeding pursuant to Section 7 of this Act
34 or subsection (4) of Section 2-13 of the Juvenile Court Act
-1643- LRB9101253EGfg
1 of 1987. The parent shall not need to take further action to
2 revoke the consent if the specified adoption does not occur,
3 notwithstanding the provisions of Section 11 of this Act.
4 (6) The Department of Children and Family Services is
5 authorized to promulgate rules necessary to implement this
6 subsection O.
7 (7) The Department shall collect and maintain data
8 concerning the efficacy of specific consents. This data
9 shall include the number of specific consents executed and
10 their outcomes, including but not limited to the number of
11 children adopted pursuant to the consents, the number of
12 children for whom adoptions are not completed, and the reason
13 or reasons why the adoptions are not completed.
14 (Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by
15 P.A. 90-443); 90-608, eff. 6-30-98; 90-655, eff. 7-30-98;
16 revised 10-20-98.)
17 (750 ILCS 50/11) (from Ch. 40, par. 1513)
18 Sec. 11. Consents, surrenders, irrevocability.
19 (a) A consent to adoption by a parent, including a
20 minor, executed and acknowledged in accordance with the
21 provisions of Section 8 of this Act, or a surrender of a
22 child by a parent, including a minor, to an agency for the
23 purpose of adoption shall be irrevocable unless it shall have
24 been obtained by fraud or duress on the part of the person
25 before whom such consent, surrender, or other document
26 equivalent to a surrender is acknowledged pursuant to the
27 provisions of Section 10 of this Act or on the part of the
28 adopting parents or their agents and a court of competent
29 jurisdiction shall so find. No action to void or revoke a
30 consent to or surrender for adoption, including an action
31 based on fraud or duress, may be commenced after 12 months
32 from the date the consent or surrender was executed. The
33 consent or surrender of a parent who is a minor shall not be
-1644- LRB9101253EGfg
1 voidable because of such minority.
2 (b) The petitioners in an adoption proceeding are
3 entitled to rely upon a sworn statement of the biological
4 mother of the child to be adopted identifying the father of
5 her child. The affidavit shall be conclusive evidence as to
6 the biological mother regarding the facts stated therein, and
7 shall create a rebuttable presumption of truth as to the
8 biological father only. Except as provided in Section 11 of
9 this Act, the biological mother of the child shall be
10 permanently barred from attacking the proceeding thereafter.
11 The biological mother shall execute such affidavit in writing
12 and under oath. The affidavit shall be executed by the
13 biological mother before or at the time of execution of the
14 consent or surrender, and shall be retained by the court and
15 be a part of the Court's files. The form of affidavit shall
16 be substantially as follows:
17 AFFIDAVIT OF IDENTIFICATION
18 I, ................., the mother of a (male or female)
19 child, state under oath or affirm as follows:
20 (1) That the child was born, or is expected to be born,
21 on (insert date), the ... day of ..........., 199.., at
22 ......................., in the State of ...................
23 (2) That I reside at .................., in the City or
24 Village of ..........., State of ...................
25 (3) That I am of the age of ....... years.
26 (4) That I acknowledge that I have been asked to
27 identify the father of my child.
28 (5) (CHECK ONE)
29 .... I know and am identifying the biological father.
30 .... I do not know the identity of the biological father.
31 .... I am unwilling to identify the biological father.
32 (6A) If I know and am identifying the father:
33 That the name of the biological father is
34 ....................; his last known home address is
-1645- LRB9101253EGfg
1 ............; his last known work address is
2 ....................; and he is ..... years of age; or he is
3 deceased, having died on (insert date) the ...... day of
4 ............, 19...., at .............., in the State of
5 ..................
6 (6B) If I do not know the identity of the biological
7 father:
8 I do not know who the biological father is; the following
9 is an explanation of why I am unable to identify him:
10 .............................................................
11 .............................................................
12 .............................................................
13 (6C) If I am unwilling to identify the biological
14 father:
15 I do not wish to name the biological father of the child
16 for the following reasons:
17 .............................................................
18 .............................................................
19 .............................................................
20 (7) The physical description of the biological father
21 is: .........................................................
22 .............................................................
23 .............................................................
24 (8) I reaffirm that the information contained in
25 paragraphs 5, 6, and 7, inclusive, is true and correct.
26 (9) I have been informed and understand that if I am
27 unwilling, refuse to identify, or misidentify the biological
28 father of the child, absent fraud or duress, I am permanently
29 barred from attacking the proceedings for the adoption of the
30 child at any time after I sign a final and irrevocable
31 consent to adoption or surrender for purposes of adoption.
32 (10) I have read this Affidavit and have had the
33 opportunity to review and question it; it was explained to me
34 by ............................; and I am signing it as my
-1646- LRB9101253EGfg
1 free and voluntary act and understand the contents and the
2 results of signing it.
3 Dated (insert date). this... day of ...................,
4 199...
5 ...................................
6 Signature
7 Under penalties as provided by law under Section 1-109 of
8 the Code of Civil Procedure, the undersigned certifies that
9 the statements set forth in this Affidavit are true and
10 correct.
11 ...................................
12 Signature
13 (Source: P.A. 88-550, eff. 7-3-94; 89-315, eff. 1-1-96;
14 revised 10-20-98.)
15 (750 ILCS 50/12a) (from Ch. 40, par. 1515)
16 Sec. 12a. Notice to putative father.
17 1. Upon the written request to any Clerk of any Circuit
18 Court, and upon the payment of a filing fee of $10.00, by any
19 interested party, including persons intending to adopt a
20 child, a child welfare agency with whom the mother has placed
21 or has given written notice of her intention to place a child
22 for adoption, the mother of a child, or any attorney
23 representing an interested party, a notice, the declaration
24 of paternity and the disclaimer of paternity may be served on
25 a putative father in the same manner as Summons is served in
26 other civil proceedings, or, in lieu of personal service,
27 service may be made as follows:
28 (a) The person requesting notice shall pay to the
29 Clerk of the Court a mailing fee of $2 plus the cost of
30 U. S. postage for certified or registered mail and
31 furnish to the Clerk an original and one copy of a
32 notice, the declaration of paternity and the disclaimer
33 of paternity together with an Affidavit setting forth the
-1647- LRB9101253EGfg
1 putative father's last known address. The original
2 notice, the declaration of paternity and the disclaimer
3 of paternity shall be retained by the Clerk.
4 (b) The Clerk shall forthwith mail to the putative
5 father, at the address appearing in the Affidavit, the
6 copy of the notice, the declaration of paternity and the
7 disclaimer of paternity, by certified mail, return
8 receipt requested; the envelope and return receipt shall
9 bear the return address of the Clerk. The receipt for
10 certified mail shall state the name and address of the
11 addressee, and the date of mailing, and shall be attached
12 to the original notice.
13 (c) The return receipt, when returned to the Clerk,
14 shall be attached to the original notice, the declaration
15 of paternity and the disclaimer of paternity, and shall
16 constitute proof of service.
17 (d) The Clerk shall note the fact of service in a
18 permanent record.
19 2. The notice shall be signed by the Clerk, and may be
20 served on the putative father at any time after conception,
21 and shall read as follows:
22 "IN THE MATTER OF NOTICE TO ....., PUTATIVE FATHER.
23 You have been identified as the father of a child born on
24 the ..... day of ....., 19.., (or expected to be born on or
25 about (insert date). the ..... day of ....., 19...)
26 The mother of the child is.....
27 The mother has indicated that she intends to place the
28 child for adoption.
29 As the alleged father of the child, you have certain
30 legal rights with respect to the child, including the right
31 to notice of the filing of proceedings instituted for the
32 adoption of the child. If you wish to retain your rights with
33 respect to the child, you must file with the Clerk of this
34 Circuit Court of .... County, Illinois, whose address is
-1648- LRB9101253EGfg
1 ...., Illinois, within 30 days after the date of receipt of
2 this notice, the declaration of paternity enclosed herewith
3 stating that you are, in fact, the father of the child and
4 that you intend to retain your legal rights with respect to
5 the child, or request to be notified of any further
6 proceedings with respect to custody or adoption of the child.
7 If you do not file such a declaration of paternity, or a
8 request for notice, then whatever legal rights you have with
9 respect to the child, including the right to notice of any
10 future proceedings for the adoption of the child, may be
11 terminated without any further notice to you. When your legal
12 rights with respect to the child are so terminated, you will
13 not be entitled to notice of any proceeding instituted for
14 the adoption of the child.
15 If you are not the father of the child, you may file with
16 the Clerk of this Court the disclaimer of paternity enclosed
17 herewith which will be noted in the Clerk's file and you will
18 receive no further notice with respect to the child."
19 The declaration of paternity shall be substantially as
20 follows:
21 "IN THE CIRCUIT COURT OF THE
22 .......... JUDICIAL CIRCUIT, ILLINOIS
23 .......... County
24 )
25 )
26 ) No. )
27 )
28 DECLARATION OF PATERNITY WITH ENTRY OF APPEARANCE
29 I, ........., state as follows:
30 (1) That I am ......... years of age; and I reside at
31 ......... in the County of ........., State of .........
32 (2) That I have been advised that ........ is the mother
33 of a ...male child named ........ born or expected to be born
34 on or about ......... and that such mother has stated that I
-1649- LRB9101253EGfg
1 am the father of this child.
2 (3) I declare that I am the father of this child.
3 (4) I understand that the mother of this child wishes to
4 consent to the adoption of this child. I do not consent to
5 the adoption of this child, and I understand that I must
6 return this initial declaration of parentage form to the
7 Clerk of the Circuit Court of ....... County, located at
8 ........., within 30 days of receipt of this notice.
9 (5) I further understand that I am also obligated to
10 establish my paternity pursuant to the Parentage Act of 1984
11 within 30 days of my receiving this notice or, if the child
12 is not yet born, within 30 days after the birth of the child.
13 This proceeding is separate and distinct from the above
14 mailing of initial declaration of paternity; in this second
15 notice, I must state that I am, in fact, the father of said
16 child, and that I intend to retain my legal rights with
17 respect to said child, and request to be notified of any
18 further proceedings with respect to custody or adoption of
19 the child.
20 (6) I hereby enter my appearance in the above entitled
21 cause.
22 OATH
23 I have been duly sworn and I say under oath that I have
24 read and understand this Declaration of Paternity With Entry
25 of Appearance. The facts that it contains are true and
26 correct to the best of my knowledge, and I understand that by
27 signing this document I admit my paternity. I have signed
28 this document as my free and voluntary act.
29 ...........
30 (signature)
31 Dated (insert date). this ........ day of ......, 19....
32 Signed and sworn before me on (insert date).
33 this ...... day of....., 19.....
34 ................
-1650- LRB9101253EGfg
1 (notary public)".
2 The disclaimer of paternity shall be substantially as
3 follows:
4 "IN THE CIRCUIT COURT OF THE
5 .......... JUDICIAL CIRCUIT, ILLINOIS
6 .......... County
7 )
8 )
9 ) No. )
10 )
11 DENIAL OF PATERNITY WITH ENTRY OF APPEARANCE
12 AND CONSENT TO ADOPTION
13 I, .........., state as follows:
14 (1) That I am ..... years of age; and I reside at
15 .......... in the County of .........., State of ...........
16 (2) That I have been advised that .......... is the
17 mother of a .....male child named ..... born or expected to
18 be born on or about ..... and that such mother has stated
19 that I am the father of this child.
20 (3) I deny that I am the father of this child.
21 (4) I further understand that the mother of this child
22 wishes to consent to the adoption of the child. I hereby
23 consent to the adoption of this child, and waive any rights,
24 remedies and defenses that I may now or in the future have as
25 a result of the mother's allegation of the paternity of this
26 child. This consent is being given in order to facilitate
27 the adoption of the child and so that the court may terminate
28 what rights I may have to the child as a result of being
29 named the father by the mother. This consent is not in any
30 manner an admission of paternity.
31 (5) I hereby enter my appearance in the above entitled
32 cause and waive service of summons and other pleading.
33 OATH
34 I have been duly sworn and I say under oath that I have
-1651- LRB9101253EGfg
1 read and understood this Denial of Paternity With Entry of
2 Appearance and Consent to Adoption. The facts it contains are
3 true and correct to the best of my knowledge, and I
4 understand that by signing this document I have not admitted
5 paternity. I have signed this document as my free and
6 voluntary act in order to facilitate the adoption of the
7 child.
8 ...........
9 (signature)
10 Dated (insert date). this ..... day of ....., 19...
11 Signed and sworn before me on (insert date).
12 this ..... day of ....., 19...
13 .................
14 (notary public)".
15 The names of adoptive parents shall not be included in
16 the notice.
17 3. If the putative father files a disclaimer of
18 paternity, he shall be deemed not to be the father of the
19 child with respect to any adoption or other proceeding held
20 to terminate the rights of parents as respects such child.
21 4. In the event the putative father does not file a
22 declaration of paternity of the child or request for notice
23 within 30 days of service of the above notice, he need not be
24 made a party to or given notice of any proceeding brought for
25 the adoption of the child. An Order or judgment may be
26 entered in such proceeding terminating all of his rights with
27 respect to the child without further notice to him.
28 5. If the putative father files a declaration of
29 paternity or a request for notice in accordance with
30 subsection 2, with respect to the child, he shall be given
31 notice in event any proceeding is brought for the adoption of
32 the child.
33 6. The Clerk shall maintain separate numbered files and
34 records of requests and proofs of service and all other
-1652- LRB9101253EGfg
1 documents filed pursuant to this article. All such records
2 shall be impounded.
3 (Source: P.A. 88-550, eff. 7-3-94; 89-315, eff. 1-1-96;
4 revised 10-20-98.)
5 (750 ILCS 50/17) (from Ch. 40, par. 1521)
6 Sec. 17. Effect of order terminating parental rights or
7 Judgment of Adoption.) After either the entry either of an
8 order terminating parental rights or the entry of a judgment
9 of adoption, the natural parents of a child sought to be
10 adopted shall be relieved of all parental responsibility for
11 such child and shall be deprived of all legal rights as
12 respects the child, and the child shall be free from all
13 obligations of maintenance and obedience as respects such
14 natural parents.
15 (Source: P.A. 84-452; revised 10-31-98.)
16 (750 ILCS 50/18.2) (from Ch. 40, par. 1522.2)
17 Sec. 18.2. Forms.
18 (a) The form of the Biological Parent Registration
19 Identification Form shall be substantially as follows:
20 BIOLOGICAL PARENT IDENTIFICATION
21 (Insert all known information)
22 I, ....., state that I am the ...... (mother or father) of
23 the following child:
24 Child's original name: ..... (first) ..... (middle) .....
25 (last), ..... (hour of birth), ..... (date of
26 birth), ..... (city and state of birth), ..... (name
27 of hospital).
28 Father's full name: ...... (first) ...... (middle) .....
29 (last), ..... (date of birth), ..... (city and state
30 of birth).
31 Name of mother inserted on birth certificate: .....
32 (first) ..... (middle) ..... (last), ..... (race),
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1 ..... (date of birth), ...... (city and state of
2 birth).
3 That I surrendered my child to: ............. (name of
4 agency), ..... (city and state of agency), .....
5 (approximate date child surrendered).
6 That I gave up my child by private adoption: ..... (date),
7 ...... (city and state).
8 Name of adoptive parents, if known: ......
9 Other identifying information: .....
10 ........................
11 (Signature of parent)
12 ............ ........................
13 (date) (printed name of parent)
14 (b) The form of Adoptee Registration Identification
15 shall be substantially as follows:
16 ADOPTEE REGISTRATION IDENTIFICATION
17 (Insert all known information)
18 I, ....., state the following:
19 Adoptee's present name: ..... (first) ..... (middle)
20 ..... (last).
21 Adoptee's name at birth (if known): ..... (first) .....
22 (middle) ..... (last), ..... (birth date), .....
23 (city and state of birth), ...... (sex), .....
24 (race).
25 Name of adoptive father: ..... (first) ..... (middle)
26 ..... (last), ..... (race).
27 Maiden name of adoptive mother: ..... (first) .....
28 (middle) ..... (last), ..... (race).
29 Name of biological mother (if known): ..... (first) .....
30 (middle) ..... (last), ..... (race).
31 Name of biological father (if known): ..... (first) .....
32 (middle) ..... (last), ..... (race).
33 Name(s) at birth of sibling(s) having a common biological
34 parent with adoptee (if known): ..... (first) .....
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1 (middle) ..... (last), ..... (race), and name of
2 common biological parent: ..... (first) .....
3 (middle) ..... (last), ..... (race).
4 I was adopted through: ..... (name of agency).
5 I was adopted privately: ..... (state "yes" if known).
6 I was adopted in ..... (city and state), ..... (approximate
7 date).
8 Other identifying information: .............
9 ......................
10 (signature of adoptee)
11 ........... .........................
12 (date) (printed name of adoptee)
13 (c) The form of Surrendered Child Registration
14 Identification shall be substantially as follows:
15 SURRENDERED CHILD REGISTRATION IDENTIFICATION
16 (Insert all known information)
17 I, ....., state the following:
18 Surrendered Child's present name: ..... (first) .....
19 (middle) ..... (last).
20 Surrendered Child's name at birth (if known): .....
21 (first) ..... (middle) ..... (last), .....(birth
22 date), ..... (city and state of birth), ......
23 (sex), ..... (race).
24 Name of guardian father: ..... (first) ..... (middle)
25 ..... (last), ..... (race).
26 Maiden name of guardian mother: ..... (first) .....
27 (middle) ..... (last), ..... (race).
28 Name of biological mother (if known): ..... (first) .....
29 (middle) ..... (last) ..... (race).
30 Name of biological father (if known): ..... (first) .....
31 (middle) ..... (last), .....(race).
32 Name(s) at birth of sibling(s) having a common biological
33 parent with adoptee (if known): ..... (first) .....
34 (middle) ..... (last), ..... (race), and name of
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1 common biological parent: ..... (first) .....
2 (middle) ..... (last), ..... (race).
3 I was surrendered for adoption to: ..... (name of agency).
4 I was surrendered for adoption in ..... (city and state),
5 ..... (approximate date).
6 Other identifying information: ............
7 ................................
8 (signature of surrendered child)
9 ............ ......................
10 (date) (printed name of child
11 surrendered for adoption)
12 (d) The form of Information Exchange Authorization shall
13 be substantially as follows:
14 INFORMATION EXCHANGE AUTHORIZATION
15 I, ....., state that I am the person who completed the
16 Registration Identification; that I am of the age of .....
17 years; that I hereby authorize the Department of Public
18 Health to give to my (biological parent) (biological sibling)
19 (child) the necessary information so I can be contacted; that
20 I am fully aware that I can only be supplied with the name
21 and last known address of my (biological parent) (biological
22 sibling) (child) if such person has duly executed an
23 Information Exchange Authorization which has not been
24 revoked; that I can be contacted by writing to: ..... (own
25 name or name of person to contact) (address) (phone number).
26 Dated (insert date). this ..... day of ....., 19...
27 ............ ..............
28 (witness) (signature)
29 (e) The form of Denial of Information Exchange shall be
30 substantially as follows:
31 DENIAL OF INFORMATION EXCHANGE
32 I, ....., state that I am the person who completed the
33 Registration Identification; that I am of the age of .....
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1 years; that I hereby instruct the Department of Public Health
2 not to give any identifying information about me to my
3 (biological parent) (biological sibling) (child); that I do
4 not wish to be contacted.
5 Dated (insert date). this .... day of ......, 19...
6 ............. ...............
7 (witness) (signature)
8 (f) The Information Exchange Authorization and the
9 Denial of Information Exchange shall be acknowledged by the
10 biological parent, biological sibling, adoptee or surrendered
11 child before a notary public, in form substantially as
12 follows:
13 State of ..............
14 County of .............
15 I, a Notary Public, in and for the said County, in the
16 State aforesaid, do hereby certify that ...............
17 personally known to me to be the same person whose name is
18 subscribed to the foregoing certificate of acknowledgement,
19 appeared before me in person and acknowledged that (he or
20 she) signed such certificate as (his or her) free and
21 voluntary act and that the statements in such certificate are
22 true.
23 Given under my hand and notarial seal on (insert date).
24 this ....... day of .........., 19...
25 .........................
26 (signature)
27 (g) When the execution of an Information Exchange
28 Authorization or a Denial of Information Exchange is
29 acknowledged before a representative of an agency, such
30 representative shall have his signature on said Certificate
31 acknowledged before a notary public, in form substantially as
32 follows:
33 State of..........
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1 County of.........
2 I, a Notary Public, in and for the said County, in the
3 State aforesaid, do hereby certify that ..... personally
4 known to me to be the same person whose name is subscribed to
5 the foregoing certificate of acknowledgement, appeared before
6 me in person and acknowledged that (he or she) signed such
7 certificate as (his or her) free and voluntary act and that
8 the statements in such certificate are true.
9 Given under my hand and notarial seal on (insert date).
10 this ..... day of ........., 19...
11 .......................
12 (signature)
13 (h) Where an Information Exchange Authorization or a
14 Denial of Information Exchange is signed in a foreign
15 country, the execution of such document shall be acknowledged
16 or affirmed in a manner conformable to the law and procedure
17 of such country.
18 (i) If the person signing an Information Exchange
19 Authorization or a Denial of Information is in the military
20 service of the United States, the execution of such document
21 may be acknowledged before a commissioned officer and the
22 signature of such officer on such certificate shall be
23 verified or acknowledged before a notary public or by such
24 other procedure as is then in effect for such division or
25 branch of the armed forces.
26 (Source: P.A. 87-413; 87-895; 88-45; revised 10-20-98.)
27 (750 ILCS 50/18.3a) (from Ch. 40, par. 1522.3a)
28 Sec. 18.3a. Confidential intermediary.
29 (a) General purposes. Notwithstanding any other
30 provision of this Act, any adoptee over the age of 18 or any
31 adoptive parent or legal guardian of an adoptee under the age
32 of 18 may petition the court for appointment of a
33 confidential intermediary as provided in this Section for the
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1 purpose of obtaining from one or both biological parents or a
2 sibling or siblings of the adoptee information concerning the
3 background of a psychological or genetically-based medical
4 problem experienced or which may be expected to be
5 experienced in the future by the adoptee or obtaining
6 assistance in treating such a problem.
7 (b) Petition. The court shall appoint a confidential
8 intermediary for the purposes described in subsection (f) if
9 the petitioner shows the following:
10 (1) the adoptee is suffering or may be expected to
11 suffer in the future from a life-threatening or
12 substantially incapacitating physical illness of any
13 nature, or a psychological disturbance which is
14 substantially incapacitating but not life-threatening, or
15 a mental illness which, in the opinion of a physician
16 licensed to practice medicine in all its branches, is or
17 could be genetically based to a significant degree;
18 (2) the treatment of the adoptee, in the opinion of
19 a physician licensed to practice medicine in all of its
20 branches, would be materially assisted by information
21 obtainable from the biological parents or might benefit
22 from the provision of organs or other bodily tissues,
23 materials, or fluids by the biological parents or other
24 close biological relatives; and
25 (3) there is neither an Information Exchange
26 Authorization nor a Denial of Information Exchange filed
27 in the Registry as provided in Section 18.1.
28 The affidavit or testimony of the treating physician
29 shall be conclusive on the issue of the utility of contact
30 with the biological parents unless the court finds that the
31 relationship between the illness to be treated and the
32 alleged need for contact is totally without foundation.
33 (c) Fees and expenses. The court shall condition the
34 appointment of the confidential intermediary on the payment
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1 of the intermediary's fees and expenses in advance, unless
2 the intermediary waives the right to full advance payment or
3 to any reimbursement at all.
4 (d) Eligibility of intermediary. The court may appoint
5 as confidential intermediary either an employee of the
6 Illinois Department of Children and Family Services
7 designated by the Department to serve as such, any other
8 person certified by the Department as qualified to serve as a
9 confidential intermediary, or any employee of a licensed
10 child welfare agency certified by the agency as qualified to
11 serve as a confidential intermediary.
12 (e) Access. Notwithstanding any other provision of law,
13 the confidential intermediary shall have access to all
14 records of the court or any agency, public or private, which
15 relate to the adoption or the identity and location of any
16 biological parent.
17 (f) Purposes of contact. The confidential intermediary
18 has only the following powers and duties:
19 (1) To contact one or both biological parents,
20 inform the parent or parents of the basic medical problem
21 of the adoptee and the nature of the information or
22 assistance sought from the biological parent, and inform
23 the parent or parents of the following options:
24 (A) The biological parent may totally reject
25 the request for assistance or information, or both,
26 and no disclosure of identity or location shall be
27 made to the petitioner.
28 (B) The biological parent may file an
29 Information Exchange Authorization as provided in
30 Section 18.1. The confidential intermediary shall
31 explain to the biological parent the consequences of
32 such a filing, including that the biological
33 parent's identity will be available for discovery by
34 the adoptee. If the biological parent agrees to this
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1 option, the confidential intermediary shall supply
2 the parent with the appropriate forms, shall be
3 responsible for their immediate filing with the
4 Registry, and shall inform the petitioner of their
5 filing.
6 (C) If the biological parent wishes to provide
7 the information or assistance sought but does not
8 wish his or her identity disclosed, the confidential
9 intermediary shall arrange for the disclosure of the
10 information or the provision of assistance in as
11 confidential a manner as possible so as to protect
12 the privacy of the biological parent and minimize
13 the likelihood of disclosure of the biological
14 parent's identity.
15 (2) If a biological parent so desires, to arrange
16 for a confidential communication with the treating
17 physician to discuss the need for the requested
18 information or assistance.
19 (3) If a biological parent agrees to provide the
20 information or assistance sought but wishes to maintain
21 his or her privacy, to arrange for the provision of the
22 information or assistance to the physician in as
23 confidential a manner as possible so as to protect the
24 privacy of the biological parent and minimize the
25 likelihood of disclosure of the biological parent's
26 identity.
27 (g) Oath. The confidential intermediary shall sign an
28 oath of confidentiality substantially as follows:
29 "I, .........., being duly sworn, on oath depose and
30 say: As a condition of appointment as a confidential
31 intermediary, I affirm that:
32 (1) I will not disclose to the petitioner, directly
33 or indirectly, any information about the identity or
34 location of the biological parent whose assistance is
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1 being sought for medical reasons except in a manner
2 consistent with the law.
3 (2) I recognize that violation of this oath
4 subjects me to civil liability and to being found in
5 contempt of court.
6 ................................
7 SUBSCRIBED AND SWORN to before me, a Notary Public,
8 on (insert date). this ..... day of .........., 19...
9 ................................"
10 (h) Sanctions.
11 (1) Any confidential intermediary who improperly
12 discloses information identifying a biological parent
13 shall be liable to the biological parent for damages and
14 may also be found in contempt of court.
15 (2) Any physician or other person who learns a
16 biological parent's identity, directly or indirectly,
17 through the use of procedures provided in this Section
18 and who improperly discloses information identifying the
19 biological parent shall be liable to the biological
20 parent for actual damages plus minimum punitive damages
21 of $10,000.
22 (i) Death of biological parent. Notwithstanding any
23 other provision of this Act, if the confidential intermediary
24 discovers that the person whose assistance is sought has
25 died, he or she shall report this fact to the court, along
26 with a copy of the death certificate if possible.
27 (Source: P.A. 86-1451; revised 10-20-98.)
28 Section 263. The Illinois Domestic Violence Act of 1986
29 is amended by changing the heading of Article IV as follows:
30 (750 ILCS 60/Art. IV heading)
31 ARTICLE IV
32 HEALTH CARE PROVIDERS
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1 Section 264. The Probate Act of 1975 is amended by
2 changing Section 11a-3, 11a-22, 16-3, 21-2.11, and 23-2 as
3 follows:
4 (755 ILCS 5/11a-3) (from Ch. 110 1/2, par. 11a-3)
5 Sec. 11a-3. Adjudication of disability; Power to appoint
6 guardian.)
7 (a) Upon the filing of a petition by a reputable person
8 or by the alleged disabled person himself or on its own
9 motion, the court may adjudge a person to be a disabled
10 person and may appoint (1) a guardian of his person, if
11 because of his disability he lacks sufficient understanding
12 or capacity to make or communicate responsible decisions
13 concerning the care of his person, or (2) a guardian of his
14 estate,, if because of his disability he is unable to manage
15 his estate or financial affairs, or (3) a guardian of his
16 person and of his estate.
17 (b) Guardianship shall be utilized only as is necessary
18 to promote the well-being of the disabled person, to protect
19 him from neglect, exploitation, or abuse, and to encourage
20 development of his maximum self-reliance and independence.
21 Guardianship shall be ordered only to the extent necessitated
22 by the individual's actual mental, physical and adaptive
23 limitations.
24 (Source: P.A. 81-795; revised 10-31-98.)
25 (755 ILCS 5/11a-22) (from Ch. 110 1/2, par. 11a-22)
26 Sec. 11a-22. Trade and contracts with a disabled person.)
27 ) Upon the demand of a party
8 to a proceeding under Section 16-1 or 16-2, questions of
9 title, claims of adverse title and the right of property
10 shall be determined by a jury.
11 (Source: P.A. 80-808; revised 10-31-98.)
12 (755 ILCS 5/21-2.11) (from Ch. 110 1/2, par. 21-2.11)
13 Sec. 21-2.11. Life, endowment, or annuity policies.
14 Life, endowment, or annuity policies on the life of the ward,
15 or on the life of any person in whose life the ward has an
16 insurable interest, if the ward is the beneficiary, when the
17 policies are issued by companies, associations or fraternal
18 organizations that, at the time of investment, have been
19 given one of the top 4 rating grades by a nationally
20 recognized rating service. The order may authorize the
21 payment of annual premiums without further application to the
22 court.
23 (Source: P.A. 90-796, eff. 12-15-98; revised 12-30-98.)
24 (755 ILCS 5/23-2) (from Ch. 110 1/2, par. 23-2)
25 Sec. 23-2. Removal.
26 (a) On petition of any interested person or on the
27 court's own motion, the court may remove a representative for
28 any of the following causes. if the representative:
29 (1) the representative is acting under letters
30 secured by false pretenses;
31 (2) the representative is adjudged a person subject
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1 to involuntary admission under the Mental Health and
2 Developmental Disabilities Code or is adjudged a disabled
3 person;
4 (3) the representative is convicted of a felony;
5 (4) the representative wastes or mismanages the
6 estate;
7 (5) the representative conducts himself or herself
8 in such a manner as to endanger any co-representative or
9 the surety on the representative's bond;
10 (6) the representative fails to give sufficient
11 bond or security, counter security or a new bond, after
12 being ordered by the court to do so;
13 (7) the representative fails to file an inventory
14 or accounting after being ordered by the court to do so;
15 (8) the representative conceals himself or herself
16 so that process cannot be served upon the representative
17 or notice cannot be given to the representative;
18 (9) the representative becomes incapable of or
19 unsuitable for the discharge of the representative's
20 duties; or
21 (10) there is other good cause.
22 (b) If the representative becomes a nonresident of the
23 United States, the court may remove the representative as
24 such representative.
25 (Source: P.A. 90-430, eff. 8-16-97; 90-472, eff. 8-17-97;
26 revised 10-31-98.)
27 Section 265. The Trusts and Trustees Act is amended by
28 changing Section 3 as follows:
29 (760 ILCS 5/3) (from Ch. 17, par. 1653)
30 Sec. 3. Applicability.
31 (1) A person establishing a trust may specify in the
32 instrument the rights, powers, duties, limitations and
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1 immunities applicable to the trustee, beneficiary and others
2 and those provisions where not otherwise contrary to law
3 shall control, notwithstanding this Act. The provisions of
4 this Act apply to the trust to the extent that they are not
5 inconsistent with the provisions of the instrument.
6 (2) This Act applies to every trust created by will,
7 deed, agreement, declaration or other instrument, except that
8 the provisions of Sections 4.01 through 4.08, Sections 4.10
9 through 4.12, and Sections 4.14 through 4.24 apply only to
10 trusts executed on or after October 1, 1973 and, with respect
11 to Section 17, to an order entered on or after that date, and
12 provided further that the provisions of this Act do not apply
13 to any: (a) land trust; (b) voting trust; (c) security
14 instrument such as a trust deed or mortgage;, (d) liquidation
15 trust; (e) escrow; (f) instrument under which a nominee,
16 custodian for property or paying or receiving agent is
17 appointed; or (g) a trust created by a deposit arrangement in
18 a banking or savings institution, commonly known as a "Totten
19 trust" unless in the governing instrument any of the
20 provisions of this Act are made applicable by specific
21 reference.
22 (3) This Act does not apply to the Grain Indemnity Trust
23 Account or any other trust created under the Grain Code.
24 (Source: P.A. 88-367; 89-287, eff. 1-1-96; 89-344, eff.
25 1-1-96; 89-626, eff. 8-9-96; revised 10-31-98.)
26 Section 266. The Conveyances Act is amended by changing
27 Sections 9, 10, 11, 20, and 26 as follows:
28 (765 ILCS 5/9) (from Ch. 30, par. 8)
29 Sec. 9. Deeds for the conveyance of land may be
30 substantially in the following form:
31 The grantor (here insert name or names and place of
32 residence), for and in consideration of (here insert
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1 consideration), conveys and warrants to (here insert the
2 grantee's name or names) the following described real estate
3 (here insert description), situated in the County of ...., in
4 the State of Illinois.
5 Dated (insert date). , 19...
6 (signature of grantor or grantors)
7 The names of the parties shall be typed or printed below
8 the signatures. Such form shall have a blank space of 3 1/2
9 inches by 3 1/2 inches for use by the recorder. However, the
10 failure to comply with the requirement that the names of the
11 parties be typed or printed below the signatures and that the
12 form have a blank space of 3 1/2 inches by 3 1/2 inches for
13 use by the recorder shall not affect the validity and effect
14 of such form.
15 Every deed in substance in the above form, when otherwise
16 duly executed, shall be deemed and held a conveyance in fee
17 simple, to the grantee, his heirs or assigns, with covenants
18 on the part of the grantor, (1) that at the time of the
19 making and delivery of such deed he was the lawful owner of
20 an indefeasible estate in fee simple, in and to the premises
21 therein described, and had good right and full power to
22 convey the same; (2) that the same were then free from all
23 incumbrances; and (3) that he warrants to the grantee, his
24 heirs and assigns, the quiet and peaceable possession of such
25 premises, and will defend the title thereto against all
26 persons who may lawfully claim the same. Such covenants shall
27 be obligatory upon any grantor, his heirs and personal
28 representatives, as fully and with like effect as if written
29 at length in such deed.
30 (Source: P.A. 84-550; revised 10-20-98.)
31 (765 ILCS 5/10) (from Ch. 30, par. 9)
32 Sec. 10. Quitclaim deeds may be, in substance, in the
33 following form:
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1 The grantor (here insert grantor's name or names and
2 place of residence), for the consideration of (here insert
3 consideration), convey and quit claim to (here insert
4 grantee's name or names) all interest in the following
5 described real estate (here insert description), situated in
6 the County of ...., in the State of Illinois.
7 Dated (insert date). , 19...
8 (signature of grantor or grantors)
9 The names of the parties shall be typed or printed below
10 the signatures. Such form shall have a blank space of 3 1/2
11 inches by 3 1/2 inches for use by the recorder. However, the
12 failure to comply with the requirement that the names of the
13 parties be typed or printed below the signatures and that the
14 form have a blank space of 3 1/2 inches by 3 1/2 inches for
15 use by the recorder shall not affect the validity and effect
16 of such form.
17 Every deed in substance in the form described in this
18 Section, when otherwise duly executed, shall be deemed and
19 held a good and sufficient conveyance, release and quit claim
20 to the grantee, his heirs and assigns, in fee of all the then
21 existing legal or equitable rights of the grantor, in the
22 premises therein described, but shall not extend to after
23 acquired title unless words are added expressing such
24 intention.
25 (Source: P.A. 84-550; 84-551; revised 10-20-98.)
26 (765 ILCS 5/11) (from Ch. 30, par. 10)
27 Sec. 11. Mortgages of lands may be substantially in the
28 following form:
29 The Mortgagor (here insert name or names), mortgages and
30 warrants to (here insert name or names of mortgagee or
31 mortgagees), to secure the payment of (here recite the nature
32 and amount of indebtedness, showing when due and the rate of
33 interest, and whether secured by note or otherwise), the
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1 following described real estate (here insert description
2 thereof), situated in the County of ...., in the State of
3 Illinois.
4 Dated (insert date). , 19...
5 (signature of mortgagor or mortgagors)
6 The names of the parties shall be typed or printed below
7 the signatures. Such form shall have a blank space of 3 1/2
8 inches by 3 1/2 inches for use by the recorder. However, the
9 failure to comply with the requirement that the names of the
10 parties be typed or printed below the signatures and that the
11 form have a blank space of 3 1/2 inches by 3 1/2 inches for
12 use by the recorder shall not affect the validity and effect
13 of such form.
14 Such mortgage, when otherwise properly executed, shall be
15 deemed and held a good and sufficient mortgage in fee to
16 secure the payment of the moneys therein specified; and if
17 the same contains the words "and warrants," the same shall be
18 construed the same as if full covenants of ownership, good
19 right to convey against incumbrances of quiet enjoyment and
20 general warranty, as expressed in Section 9 of this Act were
21 fully written therein; but if the words "and warrants" are
22 omitted, no such covenants shall be implied. When the
23 grantor or grantors in such deed or mortgage for the
24 conveyance of any real estate desires to release or waive
25 his, her or their homestead rights therein, they or either of
26 them may release or waive the same by inserting in the form
27 of deed or mortgage (as the case may be), provided in
28 Sections 9, 10 and 11, after the words "State of Illinois,"
29 in substance the following words, "hereby releasing and
30 waiving all rights under and by virtue of the homestead
31 exemption laws of this State."
32 Mortgages securing "reverse mortgage" loans shall be
33 subject to this Section except where requirements concerning
34 the definiteness of the term and amount of indebtedness
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1 provisions of a mortgage would be inconsistent with the Acts
2 authorizing "reverse mortgage" loans, or rules and
3 regulations promulgated under those Acts.
4 Mortgages securing "revolving credit" loans shall be
5 subject to this Section.
6 (Source: P.A. 84-550; revised 10-20-98.)
7 (765 ILCS 5/20) (from Ch. 30, par. 19)
8 Sec. 20. Deeds, mortgages, conveyances, releases, powers
9 of attorney or other writings of or relating to the sale,
10 conveyance or other disposition of real estate or any
11 interest therein whereby the rights of any person may be
12 affected, may be acknowledged or proven before some one of
13 the following courts or officers, namely:
14 1. When acknowledged or proven within this State, before
15 a notary public, United States commissioner, county clerk, or
16 any court or any judge, clerk or deputy clerk of such court.
17 When taken before a notary public or United States
18 commissioner, the same shall be attested by his official
19 seal; when taken before a court or the clerk thereof, or a
20 deputy clerk thereof, the same shall be attested by the seal
21 of such court.
22 2. When acknowledged or proved outside of this State and
23 within the United States or any of its territories or
24 dependencies or the District of Columbia, before a justice of
25 the peace, notary public, master in chancery, United States
26 commissioner, commissioner to take acknowledgments of deeds,
27 mayor of city, clerk of a county, or before any judge,
28 justice, clerk or deputy clerk of the supreme, circuit or
29 district court of the United States, or before any judge,
30 justice, clerk or deputy clerk, prothonotary, surrogate, or
31 registrar of the supreme, circuit, superior, district,
32 county, common pleas, probate, orphan's or surrogate's court
33 of any of the states, territories or dependencies of the
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1 United States. In any dependency of the United States such
2 acknowledgment or proof may also be taken or made before any
3 commissioned officer in the military service of the United
4 States. When such acknowledgment or proof is made before a
5 notary public, United States commissioner or commissioner of
6 deeds, it shall be certified under his seal of office. If
7 taken before a mayor of a city it shall be certified under
8 the seal of the city; if before a clerk, deputy clerk,
9 prothonotary, registrar or surrogate, then under the seal of
10 his court; if before a justice of the peace or a master in
11 chancery there shall be added a certificate of the proper
12 clerk under the seal of his office setting forth that the
13 person before whom such proof or acknowledgment was made was
14 a justice of the peace or master in chancery at the time of
15 taking such acknowledgment or proof. As acknowledgment or
16 proof of execution of any instrument above stated, may be
17 made in conformity with the laws of the State, territory,
18 dependency or district where it is made. If any clerk of any
19 court of record within such state, territory, dependency or
20 district shall, under his signature and the seal of such
21 court, certify that such acknowledgment or proof was made in
22 conformity with the laws of such state, territory, dependency
23 or district, or it shall so appear by the laws of such state,
24 territory, dependency or district such instrument or a duly
25 proved or certified copy of the record of such deed, mortgage
26 or other instrument relating to real estate heretofore or
27 hereafter made and recorded in the proper county may be
28 admitted in evidence as in other cases involving the
29 admission of evidence of certified copies.
30 3. When acknowledged or proven outside of the United
31 States before any court of any republic, dominion, state,
32 kingdom, empire, colony, territory, or dependency having a
33 seal, or before any judge, justice or clerk thereof or before
34 any mayor or chief officer of any city or town having a seal,
-1671- LRB9101253EGfg
1 or before a notary public or commissioner of deeds, or any
2 ambassador, minister or secretary of legation or consul of
3 the United States or vice consul, deputy consul, commercial
4 agent or consular agent of the United States in any foreign
5 republic, dominion, state, kingdom, empire, colony, territory
6 or dependency attested by his official seal or before any
7 officer authorized by the laws of the place where such
8 acknowledgment or proof is made to take acknowledgments of
9 conveyances of real estate or to administer oaths in proof of
10 the execution of conveyances of real estate. Such
11 acknowledgments are to be attested by the official seal, if
12 any, of such court or officer, and in case such
13 acknowledgment or proof is taken or made before a court or
14 officer having no official seal, a certificate shall be added
15 by an ambassador, minister, secretary of legation, consul,
16 vice consul, deputy consul, commercial agent or consular
17 agent of the United States residing in such republic,
18 dominion, state, kingdom, empire, colony, territory, or
19 dependency under his official seal, showing that such court
20 or officer was duly elected, appointed or created and acting
21 at the time such acknowledgment or proof was made.
22 4. Any person serving in or with the armed forces of the
23 United States, within or outside of the United States, and
24 the spouse or former spouse of any such person, may
25 acknowledge the instruments wherever located before any
26 commissioned officer in active service of the armed forces of
27 the United States with the rank of Second Lieutenant or
28 higher in the Army, Air Force or Marine Corps, or Ensign or
29 higher in the Navy or United States Coast Guard. The
30 instrument shall not be rendered invalid by the failure to
31 state therein the place of execution or acknowledgment. No
32 authentication of the officer's certificate of acknowledgment
33 shall be required and such certificate need not be attested
34 by any seal but the officer taking the acknowledgment shall
-1672- LRB9101253EGfg
1 indorse thereon or attach thereto a certificate substantially
2 in the following form:
3 On (insert date), , 19.., the undersigned officer,
4 personally appeared before me, known to me (or satisfactorily
5 proven) to be serving in or with the armed forces of the
6 United States (and/or the spouse or former spouse of a person
7 so serving) and to be the person whose name is subscribed to
8 the instrument and acknowledged that .... he .... executed
9 the same as .... free and voluntary act for the purposes
10 therein contained, and the undersigned further certifies that
11 he is at the date of this certificate a commissioned officer
12 of the rank stated below and is in the active service of the
13 armed forces of the United States.
14 ...............................
15 Signature of Officer
16 ...............................
17 Rank of Officer and Command to
18 which attached.
19 5. All deeds or other instruments or copies of the
20 record thereof duly certified or proven which have been
21 acknowledged or proven prior to August 30, 1963, before
22 either of the courts or officers mentioned in this Act and in
23 the manner herein provided, shall be deemed to be good and
24 effectual in law and the same may be introduced in evidence
25 without further proof of their execution, with the same
26 effect as if this amendatory Act of 1963 had been in force at
27 the date of such acknowledgment or proof.
28 (Source: P.A. 84-550; revised 10-20-98.)
29 (765 ILCS 5/26) (from Ch. 30, par. 25)
30 Sec. 26. A certificate of acknowledgment, substantially
31 in the following form, shall be sufficient:
32 State of (name of state), )
33 ) ss.
-1673- LRB9101253EGfg
1 County of (name of county).)
2 I (here give name of officer and his official title)
3 certify that (name of grantor, and if acknowledged by the
4 spouse, his or her name, and add "his or her spouse")
5 personally known to me to be the same person whose name is
6 (or are) subscribed to the foregoing instrument, appeared
7 before me this day in person, and acknowledged that he (she
8 or they) signed and delivered the instrument as his (her or
9 their) free and voluntary act, for the uses and purposes
10 therein set forth.
11 Dated (insert date).
12 19 .
13 (Signature of officer.).
14 (Seal.).
15 (Source: P.A. 84-1308; revised 10-20-98.)
16 Section 267. The Uniform Recognition of Acknowledgments
17 Act is amended by changing Sections 4 and 5 as follows:
18 (765 ILCS 30/4) (from Ch. 30, par. 224)
19 Sec. 4. Certificate of person taking acknowledgment. The
20 person taking an acknowledgment shall certify that:
21 (1) the person acknowledging appeared before him
22 and acknowledged he executed the instrument; and
23 (2) the person acknowledging was known to the
24 person taking the acknowledgment acknowledgement or that
25 the person taking the acknowledgment had satisfactory
26 evidence that the person acknowledging was the person
27 described in and who executed the instrument.
28 (Source: P.A. 76-1105; revised 10-31-98.)
29 (765 ILCS 30/5) (from Ch. 30, par. 225)
30 Sec. 5. Recognition of certificate of acknowledgment.
31 The form of a certificate of acknowledgment acknowledgement
-1674- LRB9101253EGfg
1 used by a person whose authority is recognized under Section
2 2 shall be accepted in this State if:
3 (1) the certificate is in a form prescribed by the
4 laws or regulations of this State;
5 (2) the certificate is in a form prescribed by the
6 laws or regulations applicable in the place in which the
7 acknowledgment is taken; or
8 (3) the certificate contains the words
9 "acknowledged before me", or their substantial
10 equivalent.
11 (Source: P.A. 76-1105; revised 10-31-98.)
12 Section 268. The Destroyed Public Records Act is amended
13 by changing Sections 12 and 17 as follows:
14 (765 ILCS 45/12) (from Ch. 116, par. 16)
15 Sec. 12. It shall be the duty of the clerk of the court
16 in which the petition is filed, to enter, in a separate book
17 or books to be kept for the purpose the names of the
18 petitioners and defendants, the date of filing the petition,
19 and a description of all the lands included therein, which
20 record shall be at all times open to the public. All lands
21 in each separate town, addition, section or subdivision shall
22 be entered on the same page, or consecutive pages, with an
23 index to the book or books, showing on what page any such
24 separate town, addition, section or subdivision may be found.
25 The clerk shall also, in all cases, cause publication of
26 notice to be made of the filing of said petition, which
27 notice shall be entitled "Land Title Notice," and shall be
28 substantially as follows:
29 A. B. C. D. etc., (here giving the names of all known
30 defendants, if any,) and to all whom it may concern:
31 Take notice, that on (insert date), the .... day of ....
32 19.., a petition was filed by the undersigned, in the ....
-1675- LRB9101253EGfg
1 court of .... County, to establish his, or her or its title
2 to the following described lands. (Here insert a full
3 description of the lands in the petition.) Now, unless you
4 appear on (insert date) the .... day of .... 19.., in the
5 court, (naming a return day at least 30 days from the first
6 insertion of the notice), and show cause against such
7 application, the allegations of the petition shall stand
8 admitted, and the title or interest of the petitioner will be
9 adjudged and established according to the prayer of the
10 petition, and you forever barred from disputing the same.
11 G.P. Attorney at Law E.F. Petitioner
12 The notice shall be published once a week for 3 weeks the
13 first insertion to be at least 30 days prior to the return
14 day named in such notice for appearance, and the several
15 publications shall be in the same newspaper in the county or
16 if there be no newspaper published in the county, then in a
17 newspaper published in one of the counties nearest thereto.
18 Provided, the newspaper shall be a newspaper of general
19 circulation, printed in the English language, and shall have
20 been continuously published in the county for a period of at
21 least 6 months.
22 (Source: P.A. 84-551; revised 10-20-98.)
23 (765 ILCS 45/17) (from Ch. 116, par. 21)
24 Sec. 17. Whenever any deeds or other instruments, in
25 writing affecting the title to any of the lands in any such
26 county, shall have been filed for record so short a time
27 before such destruction of the records, as aforesaid, that no
28 proof of them remains either on such records, or among the
29 abstracts, copies, minutes or extracts specified in Section 8
30 of this Act, it shall be the duty of the person or persons
31 having filed the same or claiming the benefit thereof, within
32 60 sixty days from the time this Act takes effect, to re-file
33 for record such deeds or other instruments or copies thereof,
-1676- LRB9101253EGfg
1 or if that cannot be done, then he shall, within 60 sixty
2 days, make and file a petition to establish such deed or
3 other instrument of writing, under the provisions of this
4 Act. In all cases when any original deed and the record
5 thereof has been lost or destroyed, [it shall be lawful for
6 any person having] a duly certified copy of said record to
7 cause the same to be recorded, which record shall have the
8 same force and effect as now belong to the record of original
9 deeds.
10 (Source: Laws 1871-72, p. 652; revised 10-31-98.)
11 Section 269. The Residential Real Property Disclosure
12 Act is amended by changing Sections 30, 35, and 50 as
13 follows:
14 (765 ILCS 77/30)
15 Sec. 30. Disclosure supplement. If, prior to closing,
16 any seller has actual knowledge of an error, inaccuracy, or
17 omission in any prior disclosure document after delivery of
18 that disclosure document to a prospective buyer, that seller
19 shall supplement the prior disclosure document with a written
20 supplemental disclosure..
21 (Source: P.A. 90-383, eff. 1-1-98; revised 10-31-98.)
22 (765 ILCS 77/35)
23 Sec. 35. Disclosure report form. The disclosures
24 required of a seller by this Act, shall be made in the
25 following form:
26 RESIDENTIAL REAL PROPERTY DISCLOSURE REPORT
27 NOTICE: THE PURPOSE OF THIS REPORT IS TO PROVIDE
28 PROSPECTIVE BUYERS WITH INFORMATION ABOUT MATERIAL DEFECTS IN
29 THE RESIDENTIAL REAL PROPERTY. THIS REPORT DOES NOT LIMIT
30 THE PARTIES' RIGHT TO CONTRACT FOR THE SALE OF RESIDENTIAL
31 REAL PROPERTY IN "AS IS" CONDITION. UNDER COMMON LAW,
-1677- LRB9101253EGfg
1 SELLERS WHO DISCLOSE MATERIAL DEFECTS MAY BE UNDER A
2 CONTINUING OBLIGATION TO ADVISE THE PROSPECTIVE BUYERS ABOUT
3 THE CONDITION OF THE RESIDENTIAL REAL PROPERTY EVEN AFTER THE
4 REPORT IS DELIVERED TO THE PROSPECTIVE BUYER. COMPLETION OF
5 THIS REPORT BY THE SELLER CREATES LEGAL OBLIGATIONS ON THE
6 SELLER; THEREFORE THE SELLER MAY WISH TO CONSULT AN ATTORNEY
7 PRIOR TO COMPLETION OF THIS REPORT.
8 Property Address: ...........................................
9 City, State & Zip Code: .....................................
10 Seller's Name: ..............................................
11 This Report is a disclosure of certain conditions of the
12 residential real property listed above in compliance with the
13 Residential Real Property Disclosure Act. This information
14 is provided as of ...(month) ...(day) ...(year), and does not
15 reflect any changes made or occurring after that date or
16 information that becomes known to the seller after that date.
17 The disclosures herein shall not be deemed warranties of any
18 kind by the seller or any person representing any party in
19 this transaction.
20 In this form, "am aware" means to have actual notice or
21 actual knowledge without any specific investigation or
22 inquiry. In this form, a "material defect" means a condition
23 that would have a substantial adverse effect on the value of
24 the residential real property or that would significantly
25 impair the health or safety of future occupants of the
26 residential real property unless the seller reasonably
27 believes that the condition has been corrected.
28 The seller discloses the following information with the
29 knowledge that even though the statements herein are not
30 deemed to be warranties, prospective buyers may choose to
31 rely on this information in deciding whether or not and on
32 what terms to purchase the residential real property.
33 The seller represents that to the best of his or her
34 actual knowledge, the following statements have been
-1678- LRB9101253EGfg
1 accurately noted as "yes", (correct), "no" (incorrect), or
2 "not applicable" to the property being sold. If the seller
3 indicates that the response to any statement, except number
4 1, is yes or not applicable, the seller shall provide an
5 explanation, in the additional information area of this form.
6 YES NO N/A
7 1 ...... ..... ..... Seller has occupied the property
8 within the last 12 months. (No
9 explanation is needed.)
10 2. ..... ..... ..... I am aware of flooding or recurring
11 leakage problems in the crawl
12 space or basement.
13 3. ..... ..... ..... I am aware that the property is
14 located in a flood plain or that I
15 currently have flood hazard
16 insurance on the property.
17 4. ..... ..... ..... I am aware of material defects in
18 the basement or foundation
19 (including cracks and bulges).
20 5. ..... ..... ..... I am aware of leaks or material
21 defects in the roof, ceilings, or
22 chimney.
23 6. ..... ..... ..... I am aware of material defects in
24 the walls or floors.
25 7. ..... ..... ..... I am aware of material defects in
26 the electrical system.
27 8. ..... ..... ..... I am aware of material defects in
28 the plumbing system (includes such
29 things as water heater, sump pump,
30 water treatment system, sprinkler
31 system, and swimming pool).
32 9. ..... ..... ..... I am aware of material defects in
33 the well or well equipment.
34 10. ..... ..... ..... I am aware of unsafe conditions in
-1679- LRB9101253EGfg
1 the drinking water.
2 11. ..... ..... ..... I am aware of material defects in
3 the heating, air conditioning, or
4 ventilating systems.
5 12. ..... ..... ..... I am aware of material defects in
6 the fireplace or woodburning stove.
7 13. ..... ..... ..... I am aware of material defects in
8 the septic, sanitary sewer, or other
9 disposal system.
10 14. ..... ..... ..... I am aware of unsafe concentrations
11 of radon on the premises.
12 15. ..... ..... ..... I am aware of unsafe concentrations
13 of or unsafe conditions relating to
14 asbestos on the premises.
15 16. ..... ..... ..... I am aware of unsafe concentrations
16 of or unsafe conditions relating to
17 lead paint, lead water pipes, lead
18 plumbing pipes or lead in the soil
19 on the premises.
20 17. ..... ..... ..... I am aware of mine subsidence,
21 underground pits, settlement,
22 sliding, upheaval, or other earth
23 stability defects on the premises.
24 18. ..... ..... ..... I am aware of current infestations
25 of termites or other wood boring
26 insects.
27 19. ..... ..... ..... I am aware of a structural defect
28 caused by previous infestations of
29 termites or other wood boring
30 insects.
31 20. ..... ..... ..... I am aware of underground fuel
32 storage tanks on the property.
33 21. ..... ..... ..... I am aware of boundary or lot line
34 disputes.
-1680- LRB9101253EGfg
1 22. ..... ..... ..... I have received notice of violation
2 of local, state or federal laws or
3 regulations relating to this
4 property, which violation has not
5 been corrected.
6 Note: These disclosures are not intended to cover the
7 common elements of a condominium, but only the actual
8 residential real property including limited common elements
9 allocated to the exclusive use thereof that form an integral
10 part of the condominium unit.
11 Note: These disclosures are intended to reflect the
12 current condition of the premises and do not include previous
13 problems, if any, that the seller reasonably believes have
14 been corrected.
15 If any of the above are marked "not applicable" or "yes",
16 please explain here or use additional pages, if necessary:
17 .............................................................
18 .............................................................
19 .............................................................
20 Check here if additional pages used: .....
21 Seller certifies that seller has prepared this statement
22 and certifies that the information provided is based on the
23 actual notice or actual knowledge of the seller without any
24 specific investigation or inquiry on the part of the seller.
25 The seller hereby authorizes any person representing any
26 principal in this transaction to provide a copy of this
27 report, and to disclose any information in the report, to any
28 person in connection with any actual or anticipated sale of
29 the property.
30 Seller: ............................... Date: ...............
31 Seller: ............................... Date: ...............
32 THE PROSPECTIVE BUYER IS AWARE THAT THE PARTIES MAY
33 CHOOSE TO NEGOTIATE AN AGREEMENT FOR THE SALE OF THE PROPERTY
34 SUBJECT TO ANY OR ALL MATERIAL DEFECTS DISCLOSED IN THIS
-1681- LRB9101253EGfg
1 REPORT ("AS IS"). THIS DISCLOSURE IS NOT A SUBSTITUTE FOR
2 ANY INSPECTIONS OR WARRANTIES THAT THE PROSPECTIVE BUYER OR
3 SELLER MAY WISH TO OBTAIN OR NEGOTIATE. THE FACT THAT THE
4 SELLER IS NOT AWARE OF A PARTICULAR CONDITION OR PROBLEM IS
5 NO GUARANTEE THAT IT DOES NOT EXIST. THE PROSPECTIVE BUYER IS
6 AWARE THAT HE MAY REQUEST AN INSPECTION OF THE PREMISES
7 PERFORMED BY A QUALIFIED PROFESSIONAL.
8 Prospective Buyer: .................. Date: ...... Time: ....
9 Prospective Buyer: .................. Date: ...... Time: ....
10 (Source: P.A. 90-383, eff. 1-1-98; revised 10-31-98.)
11 (765 ILCS 77/50)
12 Sec. 50. Delivery of the Residential Real Property
13 Disclosure Report provided by this Act shall be by:
14 (1) personal or facsimile delivery to the
15 prospective buyer;
16 (2) depositing the report with the United States
17 Postal Service, postage prepaid, first class mail,
18 addressed to the prospective buyer at the address
19 provided by the prospective buyer or indicated on the
20 contract or other agreement;, or
21 (3) depositing the report with an alternative
22 delivery service such as Federal Express, UPS, or
23 Airborne, delivery charges prepaid, addressed to the
24 prospective buyer at the address provided by the
25 prospective buyer or indicated on the contract or other
26 agreement.
27 For purposes of this Act, delivery to one prospective
28 buyer is deemed delivery to all prospective buyers. Delivery
29 to an authorized individual acting on behalf of a prospective
30 buyer constitutes delivery to all prospective buyers.
31 Delivery of the report is effective upon receipt by the
32 prospective buyer. Receipt may be acknowledged on the
33 report, acknowledged in an agreement for the conveyance of
-1682- LRB9101253EGfg
1 the residential real property, or shown in any other
2 verifiable manner.
3 (Source: P.A. 88-111; revised 10-31-98.)
4 Section 270. The Responsible Property Transfer Act of
5 1988 is amended by changing Section 5 as follows:
6 (765 ILCS 90/5) (from Ch. 30, par. 905)
7 Sec. 5. Form and content of Disclosure Document.
8 (a) The disclosure document required under Section 4 of
9 this Act shall consist of the following form:
10 ENVIRONMENTAL DISCLOSURE DOCUMENT
11 FOR TRANSFER OF REAL PROPERTY
12 -------------------------------------------------------------
13 For Use By County
14 Recorder's Office
15 The following information is County
16 provided pursuant to the Date
17 Responsible Property Doc. No.
18 Transfer Act of 1988 Vol.
19 Seller:....................... Page
20 Buyer:........................ Rec'd by:
21 Document No.:.................
22 I. PROPERTY IDENTIFICATION:
23 A. Address of property:.................................
24 Street City or Village Township
25 Permanent Real Estate Index No.:.....................
26 B. Legal Description:
27 Section......... Township......... Range...........
28 Enter or attach current legal description in
29 this area:
30 Prepared by:................ Return to:................
31 name name
32 ................ ................
-1683- LRB9101253EGfg
1 address address
2 -------------------------------------------------------------
3 LIABILITY DISCLOSURE
4 Transferors and transferees of real property are advised
5 that their ownership or other control of such property may
6 render them liable for any environmental clean-up costs
7 whether or not they caused or contributed to the presence of
8 environmental problems associated with the property.
9 C. Property Characteristics:
10 Lot Size.................. Acreage..................
11 Check all types of improvement and
12 uses that pertain to the property:
13 ...... Apartment building (6 units or less)
14 ...... Commercial apartment (over 6 units)
15 ...... Store, office, commercial building
16 ...... Industrial building
17 ...... Farm, with buildings
18 ...... Other (specify)
19 II. NATURE OF TRANSFER:
20 Yes No
21 A. (1) Is this a transfer by deed or
22 other instrument of conveyance? .... ....
23 (2) Is this a transfer by assignment
24 of over 25% of beneficial interest
25 of an Illinois land trust? .... ....
26 (3) A lease exceeding a term of
27 40 years? .... ....
28 (4) A mortgage or collateral
29 assignment of beneficial
30 interest? .... ....
31 B. (1) Identify Transferor:
32 ........................................................
33 Name and Current Address of Transferor
34 .......................................................
-1684- LRB9101253EGfg
1 Name and Address of Trustee if this is a Trust No.
2 transfer of beneficial interest of a land trust.
3 (2) Identify person who has completed this form on
4 behalf of the Transferor and who has knowledge of the
5 information contained in this form:
6 .......................................................
7 Name, Position (if any), and address Telephone No.
8 C. Identify Transferee:
9 ........................................................
10 Name and Current Address of Transferee
11 III. NOTIFICATION
12 Under the Illinois Environmental Protection Act, owners
13 of real property may be held liable for costs related to the
14 release of hazardous substances.
15 1. Section 22.2(f) of the Act states in part:
16 "Notwithstanding any other provision or rule of law, and
17 subject only to the defenses set forth in subsection (j) of
18 this Section, the following persons shall be liable for all
19 costs of removal or remedial action incurred by the State of
20 Illinois or any unit of local government as a result of a
21 release or substantial threat of a release of a hazardous
22 substance or pesticide:
23 (1) the owner and operator of a facility or vessel
24 from which there is a release or substantial threat of
25 release of a hazardous substance or pesticide;
26 (2) any person who at the time of disposal,
27 transport, storage or treatment of a hazardous substance
28 or pesticide owned or operated the facility or vessel
29 used for such disposal, transport, treatment or storage
30 from which there was a release or substantial threat of a
31 release of any such hazardous substance or pesticide;
32 (3) any person who by contract, agreement, or
33 otherwise has arranged with another party or entity for
34 transport, storage, disposal or treatment of hazardous
-1685- LRB9101253EGfg
1 substances or pesticides owned, controlled or possessed
2 by such person at a facility owned or operated by another
3 party or entity from which facility there is a release or
4 substantial threat of a release of such hazardous
5 substances or pesticides; and
6 (4) any person who accepts or accepted any
7 hazardous substances or pesticides for transport to
8 disposal, storage or treatment facilities or sites from
9 which there is a release or a substantial threat of a
10 release of a hazardous substance or pesticide."
11 2. Section 4(q) of the Act states:
12 "The Agency shall have the authority to provide notice to
13 any person who may be liable pursuant to Section 22.2(f) of
14 this Act for a release or a substantial threat of a release
15 of a hazardous substance or pesticide. Such notice shall
16 include the identified response action and an opportunity for
17 such person to perform the response action."
18 3. Section 22.2(k) of the Act states in part:
19 "If any person who is liable for a release or substantial
20 threat of release of a hazardous substance or pesticide fails
21 without sufficient cause to provide removal or remedial
22 action upon or in accordance with a notice and request by the
23 Agency or upon or in accordance with any order of the Board
24 or any court, such person may be liable to the State for
25 punitive damages in an amount at least equal to, and not more
26 than 3 times, the amount of any costs incurred by the State
27 of Illinois as a result of such failure to take such removal
28 or remedial action. The punitive damages imposed by the
29 Board shall be in addition to any costs recovered from such
30 person pursuant to this Section and in addition to any other
31 penalty or relief provided by this Act or any other law."
32 4. Section 57.12(a) of the Act states in part:
33 "Notwithstanding any other provision or rule of law, the
34 owner or operator, or both, of an underground storage tank
-1686- LRB9101253EGfg
1 shall be liable for all costs of investigation, preventive
2 action, corrective action and enforcement action incurred by
3 the State of Illinois resulting from an underground storage
4 tank."
5 5. The text of the statutes set out above is subject to
6 change by amendment. Persons using this form may update it
7 to reflect changes in the text of the statutes cited, but no
8 disclosure statement shall be invalid merely because it sets
9 forth an obsolete or superseded version of such text.
10 IV. ENVIRONMENTAL INFORMATION
11 Regulatory Information During Current Ownership
12 1. Has the transferor ever conducted operations on the
13 property which involved the generation, manufacture,
14 processing, transportation, treatment, storage or handling of
15 "hazardous substances", as defined by the Illinois
16 Environmental Protection Act? This question shall not be
17 applicable for consumer goods stored or handled by a retailer
18 in the same form, approximate amount, concentration and
19 manner as they are sold to consumers, provided that such
20 retailer does not engage in any commercial mixing (other than
21 paint mixing or tinting of consumer sized containers),
22 finishing, refinishing, servicing, or cleaning operations on
23 the property.
24 Yes ......
25 No ......
26 2. Has the transferor ever conducted operations on the
27 property which involved the processing, storage or handling
28 of petroleum, other than that which was associated directly
29 with the transferor's vehicle usage?
30 Yes ......
31 No ......
32 3. Has the transferor ever conducted operations on the
33 property which involved the generation, transportation,
34 storage, treatment or disposal of "hazardous or special
-1687- LRB9101253EGfg
1 wastes", as defined by the federal Resource Conservation and
2 Recovery Act and the Illinois Environmental Protection Act?
3 Yes ......
4 No ......
5 4. Are there any of the following specific units
6 (operating or closed) at the property which are or were used
7 by the transferor to manage waste, hazardous wastes,
8 hazardous substances or petroleum?
9 YES NO
10 Landfill ...... ......
11 Surface Impoundment ...... ......
12 Land Treatment ...... ......
13 Waste Pile ...... ......
14 Incinerator ...... ......
15 Storage Tank (Above Ground) ...... ......
16 Storage Tank (Underground) ...... ......
17 Container Storage Area ...... ......
18 Injection Wells ...... ......
19 Wastewater Treatment Units ...... ......
20 Septic Tanks ...... ......
21 Transfer Stations ...... ......
22 Waste Recycling Operations ...... ......
23 Waste Treatment Detoxification ...... ......
24 Other Land Disposal Area ...... ......
25 If there are "YES" answers to any of the above items and
26 the transfer is other than a mortgage or collateral
27 assignment of beneficial interest, attach a site plan which
28 identifies the location of each unit, such site plan to be
29 filed with the Environmental Protection Agency along with
30 this disclosure document.
31 5. Has the transferor ever held any of the following in
32 regard to this real property?
33 a. Permits for discharges of Yes ......
34 wastewater to waters of the State. No ......
-1688- LRB9101253EGfg
1 b. Permits for emissions to Yes ......
2 the atmosphere. No ......
3 c. Permits for any waste storage, Yes ......
4 waste treatment or waste disposal No ......
5 operation.
6 6. Has the transferor had any wastewater discharges
7 (other than sewage) to a publicly owned treatment works?
8 Yes ......
9 No ......
10 7. Has the transferor taken any of the following actions
11 relative to this property?
12 a. Prepared a Chemical Safety Yes ......
13 Contingency Plan pursuant to the No ......
14 Illinois Chemical Safety Act.
15 b. Filed an Emergency and Hazardous Yes ......
16 Chemical Inventory Form pursuant No ......
17 to the federal Emergency Planning
18 and Community Right-to-Know Act of
19 1986.
20 c. Filed a Toxic Chemical Release Form Yes ......
21 pursuant to the federal Emergency No ......
22 Planning and Community Right-to-
23 Know Act of 1986.
24 8. Has the transferor or any facility on the property or
25 the property been the subject of any of the following State
26 or federal governmental actions?
27 a. Written notification regarding Yes ......
28 known, suspected or alleged
29 contamination on or emanating No ......
30 from the property.
31 b. Filing an environmental enforcement Yes ......
32 case with a court or the Pollution
33 Control Board for which a final No ......
34 order or consent decree was entered.
-1689- LRB9101253EGfg
1 c. If item b. was answered by checking Yes ......
2 Yes, then indicate whether or not
3 the final order or decree is still No ......
4 in effect for this property.
5 9. Environmental Releases During Transferor's Ownership
6 a. Has any situation occurred at this site which
7 resulted in a reportable "release" of any hazardous
8 substances or petroleum as required under State or federal
9 laws?
10 Yes ......
11 No .......
12 b. Have any hazardous substances or petroleum, which
13 were released, come into direct contact with the ground at
14 this site?
15 Yes ......
16 No ......
17 c. If the answers to questions (a) and (b) are Yes, have
18 any of the following actions or events been associated with a
19 release on the property?
20 .... Use of a cleanup contractor to remove or treat
21 materials including soils, pavement or other
22 surficial materials
23 .... Assignment of in-house maintenance staff to remove
24 or treat materials including soils, pavement or
25 other surficial materials
26 .... Designation, by the IEPA or the IEMA, of the
27 release as "significant" under the Illinois
28 Chemical Safety Act
29 .... Sampling and analysis of soils
30 .... Temporary or more long-term monitoring of
31 groundwater at or near the site
32 .... Impaired usage of an on-site or nearby water well
33 because of offensive characteristics of the water
34 .... Coping with fumes from subsurface storm drains
-1690- LRB9101253EGfg
1 or inside basements, etc.
2 .... Signs of substances leaching out of the ground
3 along the base of slopes or at other low points
4 on or immediately adjacent to the site
5 10. Is the facility currently operating under a variance
6 granted by the Illinois Pollution Control Board?
7 Yes ......
8 No ......
9 11. Is there any explanation needed for clarification of
10 any of the above answers or responses?
11 .............................................................
12 .............................................................
13 .............................................................
14 .............................................................
15 B. SITE INFORMATION UNDER OTHER OWNERSHIP OR OPERATION
16 1. Provide the following information about the previous
17 owner or any entity or person the transferor leased the site
18 to or otherwise contracted with for the management of the
19 site or real property:
20 Name: ......................................
21 ......................................
22 Type of business/ ...............................
23 or property usage ...............................
24 ...............................
25 2. If the transferor has knowledge, indicate whether the
26 following existed under prior ownerships, leaseholds granted
27 by the transferor, other contracts for management or use of
28 the facilities or real property:
29 YES NO
30 Landfill ...... ......
31 Surface Impoundment ...... ......
32 Land Treatment ...... ......
33 Waste Pile ...... ......
34 Incinerator ...... ......
-1691- LRB9101253EGfg
1 Storage Tank (Above Ground) ...... ......
2 Storage Tank (Underground) ...... ......
3 Container Storage Area ...... ......
4 Injection Wells ...... ......
5 Wastewater Treatment Units ...... ......
6 Septic Tanks ...... ......
7 Transfer Stations ...... ......
8 Waste Recycling Operations ...... ......
9 Waste Treatment Detoxification ...... ......
10 Other Land Disposal Area ...... ......
11 V. CERTIFICATION
12 A. Based on my inquiry of those persons directly
13 responsible for gathering the information, I certify that the
14 information submitted is, to the best of my knowledge and
15 belief, true and accurate.
16 ............................
17 signature
18 ............................
19 type or print name
20 TRANSFEROR OR TRANSFERORS
21 (or on behalf of Transferor)
22 B. This form was delivered to me with all elements
23 completed on (insert date).
24 ............................ 19....
25 ...........................
26 signature
27 ...........................
28 type or print name
29 TRANSFEREE OR TRANSFEREES
30 (or on behalf of Transferee)
31 C. This form was delivered to me with all elements
32 completed on (insert date).
33 ............................ 19....
34 ...........................
-1692- LRB9101253EGfg
1 signature
2 .............................
3 type or print name
4 LENDER
5 (Source: P.A. 90-655, eff. 7-30-98; revised 10-19-98.)
6 Section 271. The Mine Subsidence Disclosure Act is
7 amended by changing Section 2 as follows:
8 (765 ILCS 95/2) (from Ch. 30, par. 1002)
9 Sec. 2. Definitions. In this Act:
10 (a) "Lender" means an individual or any other entity
11 that advances funds secured by an a interest in real property
12 or secured by a collateral assignment of a beneficial
13 interest in an Illinois land trust holding title to real
14 property.
15 (b) "Man-made underground mine" includes without
16 limitation coal mines, clay mines, limestone mines, and
17 fluorspar mines.
18 (c) "Mine subsidence" means lateral or vertical ground
19 movement that directly damages a structure and that results
20 from the collapse of a man-made underground mine. Lateral or
21 vertical ground movement caused by earthquake, landslide,
22 volcanic eruption, soil conditions, soil erosion, soil
23 freezing and thawing, improperly compacted soil, construction
24 defects, roots of trees and shrubs, or collapse of storm or
25 sewer drains or rapid transit tunnels is not mine subsidence.
26 (d) "Transfer" means:
27 (1) a conveyance of an interest in real property by
28 deed or other instrument;
29 (2) a lease of real property if the term, when
30 considering all options that may be exercised, exceeds 40
31 years;
32 (3) an assignment, including transfer of the power
-1693- LRB9101253EGfg
1 of direction, of more than 25% of the beneficial interest
2 in an Illinois land trust;
3 (4) a mortgage of real property; or
4 (5) a collateral assignment of a beneficial interest
5 in an Illinois land trust.
6 "Transfer" does not, however, include the following:
7 deeds or trust documents that, without additional
8 consideration, confirm, correct, modify, or supplement a deed
9 or trust document previously recorded; tax deeds; deeds or
10 trust documents of release of property that is security for a
11 debt or other obligation; deeds of partition; conveyances
12 occurring as a result of a foreclosure of a mortgage or other
13 lien on real property; easements; or conveyances of interests
14 in minerals, oil, or gas.
15 (e) "Transferee" means a buyer, mortgagee, grantee, or
16 lessee of real property, an assignee of a collateral
17 assignment of a beneficial interest in an Illinois land
18 trust, or an assignee of a more than 25% beneficial interest
19 in an Illinois land trust.
20 (f) "Transferor" means a seller, grantor, mortgagor, or
21 lessor of real property, an assignor of a collateral
22 assignment of the beneficial interest in an Illinois land
23 trust, an assignor of a more than 25% beneficial interest in
24 an Illinois land trust, or, in the case of a transfer by the
25 trustee of an Illinois land trust, the owner of the
26 beneficial interest in the land trust.
27 (g) "Undermined" means that a man-made underground mine
28 exists below all or part of the surface of real property.
29 (Source: P.A. 86-236; revised 2-24-98.)
30 Section 272. The Illinois Real Estate Time-Share Act is
31 amended by changing Section 29 as follows:
32 (765 ILCS 100/29) (from Ch. 30, par. 729)
-1694- LRB9101253EGfg
1 Sec. 29. An exchange company shall register with the
2 Office of Banks and Real Estate and file a statement
3 containing: (1) a list of the time-share program or programs
4 that it he is offering time-interval exchange services for,
5 (2) its his principal office address and telephone number,
6 and (3) the name of the his responsible managing employer and
7 the name of the person with whom may contact is to be made.
8 (Source: P.A. 89-508, eff. 7-3-96; revised 10-31-98.)
9 Section 273. The Permanent Survey Act is amended by
10 changing Section 1 as follows:
11 (765 ILCS 215/1) (from Ch. 133, par. 11)
12 Sec. 1. That Whenever the owner or owners of adjacent
13 tracts of land shall desire to establish permanently the
14 lines and corners thereof between them, he, she or they may
15 enter [into] a written agreement to employ and abide by the
16 survey of some surveyor, and after said survey is completed,
17 a plat thereof with a description of all corners and lines
18 plainly marked thereon, together with the written agreement
19 of the parties, shall be recorded in the recorder's office of
20 the county where the lands are situated; and the lines and
21 corners of said survey so made and recorded, shall be binding
22 upon the parties entering into said agreement, their heirs,
23 successors and assigns, and shall never be changed.
24 (Source: Laws 1901, p. 307; revised 10-31-98.)
25 Section 274. The Mining Act of 1874 is amended by
26 changing Section 12 as follows:
27 (765 ILCS 505/12) (from Ch. 96 1/2, par. 162)
28 Sec. 12. Any person who purchases any purchase lead
29 mineral without keeping the book or making the entries or
30 returns as herein provided, or refuses shall refuse to allow
-1695- LRB9101253EGfg
1 their inspection as herein provided, shall be fined for each
2 offense the sum of $25; and whoever violates any of the other
3 provisions of Section 8, 9, 10, or 11 the 4 preceding
4 sections, shall be fined for the first offense the sum of $5
5 and costs, and for every subsequent offense $10 and costs.
6 Of the fines collected under this Section, one-half shall go
7 to the informer, and the other half to the school fund of the
8 school district where the action is brought. The penalties
9 shall be recoverable by a civil action in the circuit court
10 of the county where the offense is committed.
11 (Source: P.A. 83-345; revised 10-31-98.)
12 Section 275. The Severed Mineral Interest Act is amended
13 by changing Section 10 as follows:
14 (765 ILCS 515/10) (from Ch. 96 1/2, par. 9210)
15 Sec. 10. All attorneys' fees, expenses, and court costs
16 incident to the proceedings authorized hereunder shall be by
17 paid by the lessee if a lease is executed pursuant hereto,
18 and by the plaintiff if for any reason no lease is executed.
19 Subsequent to entry of judgment, all allowable fees,
20 expenses, and court costs shall be paid out of funds in the
21 hands of the trustee or party movant.
22 (Source: P.A. 83-571; revised 10-31-98.)
23 Section 276. The Condominium Property Act is amended by
24 changing Section 9 as follows:
25 (765 ILCS 605/9) (from Ch. 30, par. 309)
26 Sec. 9. Sharing of expenses - Lien for nonpayment.
27 (a) All common expenses incurred or accrued prior to the
28 first conveyance of a unit shall be paid by the developer,
29 and during this period no common expense assessment shall be
30 payable to the association. It shall be the duty of each
-1696- LRB9101253EGfg
1 unit owner including the developer to pay his proportionate
2 share of the common expenses commencing with the first
3 conveyance. The proportionate share shall be in the same
4 ratio as his percentage of ownership in the common elements
5 set forth in the declaration.
6 (b) The condominium instruments may provide that common
7 expenses for insurance premiums be assessed on a basis
8 reflecting increased charges for coverage on certain units.
9 (c) Budget and reserves.
10 (1) The board of managers shall prepare and
11 distribute to all unit owners a detailed proposed annual
12 budget, setting forth with particularity all anticipated
13 common expenses by category as well as all anticipated
14 assessments and other income. The initial budget and
15 common expense assessment based thereon shall be adopted
16 prior to the conveyance of any unit. The budget shall
17 also set forth each unit owner's proposed common expense
18 assessment.
19 (2) All budgets adopted by a board of managers on
20 or after July 1, 1990 shall provide for reasonable
21 reserves for capital expenditures and deferred
22 maintenance for repair or replacement of the common
23 elements. To determine the amount of reserves
24 appropriate for an association, the board of managers
25 shall take into consideration the following: (i) the
26 repair and replacement cost, and the estimated useful
27 life, of the property which the association is obligated
28 to maintain, including but not limited to structural and
29 mechanical components, surfaces of the buildings and
30 common elements, and energy systems and equipment; (ii)
31 the current and anticipated return on investment of
32 association funds; (iii) any independent professional
33 reserve study which the association may obtain; (iv) the
34 financial impact on unit owners, and the market value of
-1697- LRB9101253EGfg
1 the condominium units, of any assessment increase needed
2 to fund reserves; and (v) the ability of the association
3 to obtain financing or refinancing.
4 (3) Notwithstanding the provisions of this
5 subsection (c), an association without a reserve
6 requirement in its condominium instruments may elect to
7 waive in whole or in part the reserve requirements of
8 this Section by a vote of 2/3 of the total votes of the
9 association. Any association having elected under this
10 paragraph (3) to waive the provisions of subsection (c)
11 may by a vote of 2/3 of the total votes of the
12 association elect to again be governed by the
13 requirements of subsection (c).
14 (4) In the event that an association elects to
15 waive all or part of the reserve requirements of this
16 Section, that fact must be disclosed after the meeting at
17 which the waiver occurs by the association in the
18 financial statements of the association and, highlighted
19 in bold print, in the response to any request of a
20 prospective purchaser for the information prescribed
21 under Section 22.1; and no member of the board of
22 managers or the managing agent of the association shall
23 be liable, and no cause of action may be brought for
24 damages against these parties, for the lack or inadequacy
25 of reserve funds in the association budget.
26 (d) (Blank).
27 (e) The condominium instruments may provide for the
28 assessment, in connection with expenditures for the limited
29 common elements, of only those units to which the limited
30 common elements are assigned.
31 (f) Payment of any assessment shall be in amounts and at
32 times determined by the board of managers.
33 (g) Lien.
34 (1) If any unit owner shall fail or refuse to make
-1698- LRB9101253EGfg
1 any payment of the common expenses or the amount of any
2 unpaid fine when due, the amount thereof together with
3 any interest, late charges, reasonable attorney fees
4 incurred enforcing the covenants of the condominium
5 instruments, rules and regulations of the board of
6 managers, or any applicable statute or ordinance, and
7 costs of collections shall constitute a lien on the
8 interest of the unit owner in the property prior to all
9 other liens and encumbrances, recorded or unrecorded,
10 except only (a) taxes, special assessments and special
11 taxes theretofore or thereafter levied by any political
12 subdivision or municipal corporation of this State and
13 other State or federal taxes which by law are a lien on
14 the interest of the unit owner prior to preexisting
15 recorded encumbrances thereon and (b) encumbrances on the
16 interest of the unit owner recorded prior to the date of
17 such failure or refusal which by law would be a lien
18 thereon prior to subsequently recorded encumbrances. Any
19 action brought to extinguish the lien of the association
20 shall include the association as a party.
21 (2) With respect to encumbrances executed prior to
22 August 30, 1984 or encumbrances executed subsequent to
23 August 30, 1984 which are neither bonafide first
24 mortgages nor trust deeds and which encumbrances contain
25 a statement of a mailing address in the State of Illinois
26 where notice may be mailed to the encumbrancer
27 thereunder, if and whenever and as often as the manager
28 or board of managers shall send, by United States
29 certified or registered mail, return receipt requested,
30 to any such encumbrancer at the mailing address set forth
31 in the recorded encumbrance a statement of the amounts
32 and due dates of the unpaid common expenses with respect
33 to the encumbered unit, then, unless otherwise provided
34 in the declaration or bylaws, the prior recorded
-1699- LRB9101253EGfg
1 encumbrance shall be subject to the lien of all unpaid
2 common expenses with respect to the unit which become due
3 and payable within a period of 90 days after the date of
4 mailing of each such notice.
5 (3) The purchaser of a condominium unit at a
6 judicial foreclosure sale, or a mortgagee who receives
7 title to a unit by deed in lieu of foreclosure or
8 judgment by common law strict foreclosure or otherwise
9 takes possession pursuant to court order under the
10 Illinois Mortgage Foreclosure Law, shall have the duty to
11 pay the unit's proportionate share of the common expenses
12 for the unit assessed from and after the first day of the
13 month after the date of the judicial foreclosure sale,
14 delivery of the deed in lieu of foreclosure, entry of a
15 judgment in common law strict foreclosure, or taking of
16 possession pursuant to such court order. Such payment
17 confirms the extinguishment of any lien created pursuant
18 to paragraph (1) or (2) of this subsection (g) by virtue
19 of the failure or refusal of a prior unit owner to make
20 payment of common expenses, where the judicial
21 foreclosure sale has been confirmed by order of the
22 court, a deed in lieu thereof has been accepted by the
23 lender, or a consent judgment has been entered by the
24 court.
25 (h) A lien for common expenses shall be in favor of the
26 members of the board of managers and their successors in
27 office and shall be for the benefit of all other unit owners.
28 Notice of the lien may be recorded by the board of managers,
29 or if the developer is the manager or has a majority of seats
30 on the board of managers and the manager or board of managers
31 fails to do so, any unit owner may record notice of the lien.
32 Upon the recording of such notice the lien may be foreclosed
33 by an action brought in the name of the board of managers in
34 the same manner as a mortgage of real property.
-1700- LRB9101253EGfg
1 (i) Unless otherwise provided in the declaration, the
2 members of the board of managers and their successors in
3 office, acting on behalf of the other unit owners, shall have
4 the power to bid on the interest so foreclosed at the
5 foreclosure sale, and to acquire and hold, lease, mortgage
6 and convey it.
7 (j) Any encumbrancer may from time to time request in
8 writing a written statement from the manager or board of
9 managers setting forth the unpaid common expenses with
10 respect to the unit covered by his encumbrance. Unless the
11 request is complied with within 20 days, all unpaid common
12 expenses which become due prior to the date of the making of
13 such request shall be subordinate to the lien of the
14 encumbrance. Any encumbrancer holding a lien on a unit may
15 pay any unpaid common expenses payable with respect to the
16 unit, and upon payment the encumbrancer shall have a lien on
17 the unit for the amounts paid at the same rank as the lien of
18 his encumbrance.
19 (k) Nothing in Public Act 83-1271 is intended to change
20 the lien priorities of any encumbrance created prior to
21 August 30, 1984.
22 (Source: P.A. 87-692; 87-746; 87-895; 88-417; revised
23 10-31-98.)
24 Section 277. The Mortgage Insurance Limitation and
25 Notification Act is amended by changing Section 20 as
26 follows:
27 (765 ILCS 930/20)
28 Sec. 20. Annual notification statement. After July 1,
29 1998, in addition to the transaction disclosure requirement
30 set forth in Section 15 10 and within 30 days after the end
31 of the calendar year, the mortgagee shall inform the
32 mortgagor in writing of the procedure to cancel the private
-1701- LRB9101253EGfg
1 mortgage insurance together with the telephone number and
2 address. The annual statement required by this Section may
3 be printed on or included with any other annual statement
4 that is required by any federal or State law to be made by
5 the mortgagee to the mortgagor.
6 Nothing contained in this Section shall prevent a
7 mortgagee from waiving any or all of the conditions of its
8 cancellation policy in effect when the mortgage loan is
9 originated or from modifying its cancellation policy
10 applicable to a particular mortgage loan from time to time,
11 upon the written approval of the mortgagor. If a
12 cancellation policy is modified, the mortgagor shall be
13 notified within 30 days of material changes to the policy.
14 (Source: P.A. 90-455, eff. 7-1-98; revised 1-12-99.)
15 Section 278. The Uniform Disposition of Unclaimed
16 Property Act is amended by changing Section 8.1 as follows:
17 (765 ILCS 1025/8.1) (from Ch. 141, par. 108.1)
18 Sec. 8.1. Property held by governments.
19 (a) All tangible personal property or intangible
20 personal property and all debts owed or entrusted funds or
21 other property held by any federal, state or local government
22 or governmental subdivision, agency, entity, officer or
23 appointee thereof, shall be presumed abandoned if the
24 property has remained unclaimed for 7 years.
25 (b) This Section applies to all abandoned property held
26 by any federal, state or local government or governmental
27 subdivision, agency, entity, officer or appointee thereof, on
28 the effective date of this amendatory Act of 1991 or at any
29 time thereafter, regardless of when the property became or
30 becomes presumptively abandoned.
31 (Source: P.A. 90-167, eff. 7-23-97; revised 2-26-98.)
-1702- LRB9101253EGfg
1 Section 279. The Trademark Registration and Protection
2 Act is amended by changing Section 45 as follows:
3 (765 ILCS 1036/45)
4 Sec. 45. Cancellation. The Secretary shall cancel from
5 the register, in whole or in part:
6 (a) any registration concerning which the Secretary
7 shall receive a voluntary request for cancellation
8 thereof from the registrant or the assignee of record;
9 (b) all registrations granted under this Act and
10 not renewed in accordance with this Act;
11 (c) any registration concerning which the circuit
12 court shall find:
13 (1) that the registered mark has been
14 abandoned,
15 (2) that the registrant is not the owner of
16 the mark,
17 (3) that the registration was granted
18 improperly,
19 (4) that the registration was obtained
20 fraudulently,
21 (5) that the mark is or has become the generic
22 name for the goods or services, or a portion
23 thereof, for which it has been registered, or
24 (6) that the registered mark is so similar, as
25 to be likely to cause confusion or mistake or to
26 deceive, to a mark registered by another person in
27 the United States Patent and Trademark Office prior
28 to the date of the filing of the application for
29 registration by the registrant hereunder, and not
30 abandoned; however, should the registrant prove that
31 the registrant is the owner of a concurrent
32 registration of a mark in the United States Patent
33 and Trademark Office covering an area including this
-1703- LRB9101253EGfg
1 State, the registration hereunder shall not be
2 cancelled for such area of the State; or
3 (d) a registration when the circuit court shall
4 order its cancellation of a registration on any ground.
5 The clerk of the court ordering the cancellation or
6 making any of the findings specified in subdivision (c)(3)
7 shall, when such judgment becomes final, transmit a certified
8 copy of the judgment to the Secretary of State.
9 (Source: P.A. 90-231, eff. 1-1-98; revised 10-31-98.)
10 Section 280. The Commercial Real Estate Broker Lien Act
11 is amended by changing Section 10 as follows:
12 (770 ILCS 15/10) (from Ch. 82, par. 660)
13 Sec. 10. Broker's lien.
14 (a) Any broker shall have a lien, upon commercial real
15 estate or any interest in that commercial real estate, in the
16 amount that the broker is due:
17 (1) under a written instrument signed by the owner
18 of an interest in the commercial real estate or the
19 owner's duly authorized agent; or
20 (2) (blank); or
21 (3) under a written instrument signed by a
22 prospective buyer or prospective tenant or their
23 respective duly authorized agent as to the purchase,
24 lease, or other conveyance to the buyer or tenant of an
25 interest in the commercial real estate.
26 The lien shall be available to the broker named in the
27 instrument signed by the owner, buyer, or tenant and not to
28 an employee or independent contractor of the broker.
29 (b) The lien under this Act shall attach to the
30 commercial real estate, or any interest in the commercial
31 real estate, upon:
32 (1) the broker being otherwise entitled to a fee or
-1704- LRB9101253EGfg
1 commission under a written instrument signed by the
2 owner, buyer, tenant, or their respective duly authorized
3 agent, as applicable; and
4 (2) except as provided in subsection (c), (d), or
5 (e) the broker recording a notice of lien in the
6 Recorder's Office, or the Office of the Registrar of
7 Titles, of the county in which the commercial real estate
8 is located prior to the actual conveyance or transfer of
9 the commercial real estate against which the broker is
10 claiming a lien. The lien shall attach as of the date of
11 the recording of the notice of lien and does not relate
12 back to the date of the written agreement.
13 (c) Except as provided in subsection (d), when payment
14 to a broker is due in installments, a portion of which is due
15 only after the conveyance or transfer of the commercial real
16 estate, any claim for lien for those payments due after the
17 transfer or conveyance may be recorded at any time subsequent
18 to the transfer or conveyance of the commercial real estate
19 and prior to the date on which the payment is due but shall
20 only be effective as a lien against the commercial real
21 estate to the extent monies are still owed to the transferor
22 by the transferee. A single claim for lien recorded prior to
23 transfer or conveyance of the commercial real estate claiming
24 all monies due under an installment payment agreement shall
25 not be valid or enforceable as it pertains to payments due
26 after the transfer or conveyance. The lien shall attach as
27 of the recording of the notice of lien and not relate back to
28 the date of the written agreement.
29 (d) In the case of a lease the claim for lien must be
30 recorded within 90 days after the tenant takes possession of
31 the leased premises unless written notice of the intended
32 signing of the lease is personally served on the broker
33 entitled to claim a lien at least 10 days prior to the date
34 of the intended signing of the lease in which case the claim
-1705- LRB9101253EGfg
1 for lien must be recorded before the date indicated for the
2 signing of the lease in the notice served on the broker. The
3 lien shall attach as of the recording of the notice of lien
4 and not relate back to the date of the written agreement.
5 (e) If a broker has a written agreement with a
6 prospective buyer or tenant as provided for in paragraph (3)
7 of subsection (a) of this Section, then the lien shall attach
8 upon the prospective buyer or tenant purchasing, leasing, or
9 otherwise accepting a conveyance or transfer of the
10 commercial real estate and the recording of a notice of lien
11 by the broker in the Recorder's Office, or the Office of
12 Registrar of Titles, of the county in which the real
13 property, or any interest in the real property, is located
14 within 90 days after the purchase, lease, or other conveyance
15 or transfer to the buyer or tenant. The lien shall attach to
16 the interest purchased or leased by the buyer or tenant as of
17 the date of the recording of the notice of lien and does not
18 relate back to the date of the written agreement.
19 (f) The broker shall within 10 days of recording its
20 notice of lien mail a copy of the notice of lien to the owner
21 of or record of the commercial real estate by registered or
22 certified mail, with return receipt requested, or personally
23 served on the owner of record or his agent. If the lien is
24 recorded within 10 days prior to closing, the broker is not
25 required to mail or personally serve a copy of the notice of
26 lien. Mailing of the copy of the notice of lien is effective
27 if mailed to the address of the commercial real estate that
28 is the subject of the notice of lien. Mailing of the copy of
29 the notice of claim for lien is effective when deposited in
30 the United States mailbox with postage prepaid. The broker's
31 lien shall be unenforceable if mailing of the copy of the
32 notice of lien recording does not occur at the time and in
33 the manner required by this Act.
34 (g) A broker may bring suit to enforce a lien in the
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1 Circuit Court in the county where the property is located by
2 filing a complaint and sworn affidavit that the lien has been
3 recorded.
4 The person claiming a lien shall, unless the claim is
5 based upon an option to purchase the commercial real estate,
6 within 2 years after recording the lien, commence proceedings
7 by filing a complaint. Failure to commence proceedings within
8 2 years after recording the lien shall extinguish the lien.
9 No subsequent notice of lien may be given for the same claim
10 nor may that claim be asserted in any proceedings under this
11 Act.
12 A person claiming a lien based upon an option to purchase
13 shall, within 6 months after the transfer or conveyance of
14 the commercial real estate under the exercise of the option
15 to purchase, commence proceedings by filing a complaint.
16 Failure to commence proceedings within this time shall
17 extinguish the lien. No subsequent notice of lien may be
18 given for the same claim nor may that claim be asserted in
19 any proceedings under this Act.
20 A complaint under this Section shall contain a brief
21 statement of the contract or agreements on which the lien is
22 founded, the date when the contract or agreement was made, a
23 description of the services performed, the amount due and
24 unpaid, a description of the property that is subject to the
25 lien, and other facts necessary for a full understanding of
26 the rights of the parties. The plaintiff shall make all
27 interested parties, of whose interest the plaintiff is
28 notified or has knowledge, defendants to the action, and
29 shall issue summons and provide service as in other civil
30 actions. When any defendant resides or has gone out of the
31 State, or on inquiry cannot be found, or is concealed within
32 this State so that process cannot be served on that
33 defendant, the plaintiff shall cause a notice to be given to
34 that defendant, or cause a copy of the complaint to be served
-1707- LRB9101253EGfg
1 upon that defendant, in the manner and upon the same
2 conditions as in other civil actions. Failure of the
3 plaintiff to provide proper summons or notice shall be
4 grounds for judgment against the plaintiff with prejudice.
5 All liens claimed under this Act shall be foreclosed as
6 provided for in the Illinois Mortgage Foreclosure Law.
7 (h) The lien notice shall state the name of the
8 claimant, the name of the owner, a description of the
9 property upon which the lien is being claimed, the amount for
10 which the lien is claimed, and the real estate license number
11 of the broker. The notice of lien shall recite that the
12 information contained in the notice is true and accurate to
13 the knowledge of the signator. The notice of lien shall be
14 signed by the broker or by a person authorized to sign on
15 behalf of the broker and shall be verified.
16 (i) Whenever a claim for lien has been filed with the
17 County Recorder or Registrar of Titles and a condition occurs
18 that would preclude the broker from receiving compensation
19 under the terms of the broker's written agreement, the broker
20 shall provide to the owner of record, within 10 days
21 following demand by the owner of record, a written release or
22 satisfaction of the lien.
23 (j) Upon written demand of the owner, lienee, or other
24 authorized agent, served on the person claiming the lien
25 requiring suit to be commenced to enforce the lien or answer
26 to be filed in a pending suit, a suit shall be commenced or
27 answer filed within 30 days thereafter, or the lien shall be
28 extinguished. Service may be by registered or certified
29 mail, return receipt requested, or by personal service.
30 (k) Whenever a claim for lien has been filed with the
31 County Recorder or Registrar of Titles and is paid, or where
32 there is failure to institute a suit to enforce the lien
33 within the time provided by this Act, the broker shall
34 acknowledge satisfaction or release of the lien, in writing,
-1708- LRB9101253EGfg
1 on written demand of the owner within 5 days after payment or
2 expiration of the time in which to file the lien.
3 (l) The cost of proceedings asserting or defending a
4 broker's claim of lien, including reasonable attorneys' fees,
5 costs, and prejudgment interests due to the prevailing party
6 shall be borne by the nonprevailing party or parties. When
7 more than one party is responsible for costs, fees, and
8 prejudgment interests, the costs, fees, and prejudgment
9 interests shall be equitably apportioned by the court among
10 those responsible parties.
11 (Source: P.A. 90-338, eff. 8-8-97; revised 2-14-99.)
12 Section 281. The Horseshoers Lien Act is amended by
13 changing Section 1 as follows:
14 (770 ILCS 30/1) (from Ch. 82, par. 201)
15 Sec. 1. That Every person who, at the request of the
16 owner or his authorized agent, shall shoe or cause to be shod
17 , by his employees any horse, mule, ox or other animal shall
18 have a lien upon the animal shod for his reasonable charge
19 for shoeing the same, and each lien conferred by this Act
20 shall take precedence of all other liens or claims thereon
21 not duly recorded prior to recording claim of lien as
22 hereinafter provided; but such lien shall not attach where
23 the property has changed ownership prior to the filing of
24 such lien.
25 (Source: Laws 1907, p. 375; revised 10-31-98.)
26 Section 282. The Liens Against Railroads Act is amended
27 by changing Section 1 as follows:
28 (770 ILCS 55/1) (from Ch. 82, par. 49)
29 Sec. 1. That All persons who may have furnished, or who
30 shall hereafter furnish to any railroad corporation now
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1 existing, or hereafter to be organized under the laws of this
2 State, any fuel, ties, material, supplies, or other article
3 or thing necessary for the construction, maintenance,
4 operation or repair of such roads, by contract with said
5 corporation, or who shall have done and performed, or shall
6 hereafter do and perform any work or labor for such
7 construction, maintenance, operation or repair by like
8 contract, shall be entitled to be paid for the same as part
9 of the current expenses of said road; and in order to secure
10 the same, shall have a lien upon all the property, real,
11 personal and mixed, of said railroad corporation as against
12 such railroad, and as against all mortgages or other liens
13 which shall accrue after the commencement of the delivery of
14 said articles, or the commencement of said work or labor;:
15 provided, suit shall be commenced within 6 six months after
16 such contractor or laborer shall have completed his contract
17 with said railroad corporation, or after such labor shall
18 have been performed or material furnished.
19 (Source: Laws 1871-2, p. 279; revised 10-31-98.)
20 Section 283. The Mechanics Lien Act is amended by
21 changing Section 27 as follows:
22 (770 ILCS 60/27) (from Ch. 82, par. 27)
23 Sec. 27. When the owner or his agent is notified as
24 provided in this Act, he shall retain from any money due or
25 to become due the contractor, an amount sufficient to pay all
26 demands that are or will become due such sub-contractor,
27 tradesman, materialman materialmen, mechanic, or worker of
28 whose claim he is notified, and shall pay over the same to
29 the parties entitled thereto.
30 Such payment shall be as follows:
31 First - All claims for wages shall be paid in full.
32 Second - The claims of tradesmen, materialmen and
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1 sub-contractors, who are entitled to liens pro rata, in
2 proportion to the amount due them respectively. All payments
3 made as directed shall, as between such owner and contractor,
4 be considered the same as if paid to such contractor. Any
5 payment made by the owner to the contractor after such
6 notice, without retaining sufficient money to pay such
7 claims, shall be considered illegal and made in violation of
8 the rights of the laborers and sub-contractors and the rights
9 of such laborers and sub-contractors to a lien shall not be
10 affected thereby, but the owner shall not be held liable to
11 any laborer and sub-contractor or other person whose name is
12 omitted from the statement provided for in Sections 5 and 22
13 five (5) and twenty-two of this Act, nor for any larger
14 amount than the sum therein named as due such person
15 (provided such omission is not made with the knowledge or
16 collusion of the owner), unless previous thereto or to his
17 payment to his contractor, he shall be notified, as herein
18 provided, by such person of their claim and the true amount
19 thereof.
20 Third - The balance, if any, to the contractor.
21 (Source: P.A. 81-992; revised 10-31-98.)
22 Section 284. The Oil and Gas Lien Act of 1989 is amended
23 by changing Sections 2 and 3 as follows:
24 (770 ILCS 70/2) (from Ch. 82, par. 502)
25 Sec. 2. Persons entitled to lien - amount of lien. Any
26 person, including the operator, who shall, under contract
27 with the owner or operator of any leasehold or of any
28 pipeline, perform any labor or furnish any material or
29 services used or employed, perform any labor or furnish any
30 material or services used or employed, or furnished to be
31 used or employed for, or preliminary to, the drilling,
32 completing, equipping or operating of any oil or gas well
-1711- LRB9101253EGfg
1 upon such leasehold, or in the construction of any pipeline,
2 or in the constructing, putting together, or repairing of any
3 materials so used or employed, or furnished to be used or
4 employed, shall be entitled to a lien under this Act, whether
5 or not a producing well is obtained and whether or not such
6 material is incorporated in or becomes a part of the
7 completed oil or gas well, or pipeline, for the amount due
8 him for the performance of such labor or the furnishing of
9 such material or services, including without limitation
10 transportation and mileage charges connected therewith, and
11 interest as provided by the contract between such person and
12 the owner or operator, or if no interest is provided for by
13 contract, from the date of the filing of the lien, at the
14 rate provided for by statute for judgments.
15 (Source: P.A. 86-377; revised 10-31-98.)
16 (770 ILCS 70/3) (from Ch. 82, par. 503)
17 Sec. 3. Property Subject to Lien.
18 A. Liens created under Section 2 shall extend to:
19 1. the leasehold for which the materials or
20 services were furnished, or for which the labor was
21 performed, and the appurtenance thereunto belonging; and
22 2. all materials and fixtures owned by the owner or
23 owners of such leasehold and used or employed, or
24 furnished to be used or employed in the drilling,
25 completing, equipping or operating of any oil or gas well
26 located thereon; and,
27 3. all oil or gas wells located on such leasehold,
28 and the oil or gas produced therefrom, and the proceeds
29 thereof inuring to the leasehold therein as such
30 leasehold interest existed on the date such labor was
31 first performed or such material or services were first
32 furnished; and,
33 4. all proceeds of production inuring to the
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1 leasehold held by any purchaser of such oil and gas; and,
2 ; and
12 B. If materials or services are furnished or labor is
13 performed for only a portion of the leasehold, the lien
14 against the leasehold created by this Act shall be limited
15 to:
16 1. the minimum surficial acreage for well spacing
17 designated by the permittee for a well drilled thereon
18 described as the establishing drilling unit with the
19 Department of Natural Resources; and,
20 2. if no such designation was made by the permittee
21 prior to the filing of a claim for lien, the minimum
22 surficial acreage for well spacing designated for a well
23 drilled thereon for an established drilling unit
24 described in the claim for lien, which will be designated
25 by the court in the foreclosure proceeding.
26 C. If materials or services are furnished or labor is
27 performed for leaseholds, the proceeds of which are
28 commingled by common storage or are validly polled or
29 unitized by agreement of the owners thereof or by operation
30 of law or by any order of any agency having jurisdiction
31 thereof, the lien shall extend to all of the leaseholds so
32 commingled by common storage, pooling or unitization.
33 (Source: P.A. 89-445, eff. 2-7-96; revised 10-31-98.)
-1713- LRB9101253EGfg
1 Section 285. The Illinois Human Rights Act is amended by
2 changing Sections 7-101, 7A-103, 8-102, 8-105, and 9-101 as
3 follows:
4 (775 ILCS 5/7-101) (from Ch. 68, par. 7-101)
5 Sec. 7-101. Powers and Duties. In addition to other
6 powers and duties prescribed in this Act, the Department
7 shall have the following powers:
8 (A) Rules and Regulations. To adopt, promulgate, amend,
9 and rescind rules and regulations not inconsistent with the
10 provisions of this Act pursuant to the Illinois
11 Administrative Procedure Act.
12 (B) Charges. To issue, receive, investigate, conciliate,
13 settle, and dismiss charges filed in conformity with this
14 Act.
15 (C) Compulsory Process. To request subpoenas as it deems
16 necessary for its investigations.
17 (D) Complaints. To file complaints with the Commission
18 in conformity with this Act.
19 (E) Judicial Enforcement. To seek temporary relief and
20 to enforce orders of the Commission in conformity with this
21 Act.
22 (F) Equal Employment Opportunities. To take such action
23 as may be authorized to provide for equal employment
24 opportunities and affirmative action.
25 (G) Recruitment; Research; Public Communication;
26 Advisory Councils. To engage in such recruitment, research
27 and public communication and create such advisory councils as
28 may be authorized to effectuate the purposes of this Act.
29 (H) Coordination with Federal and Local Agencies. To
30 coordinate its activities with federal and local agencies in
31 conformity with this Act.
32 (I) Public Grants; Private Gifts. To accept public
33 grants and private gifts as may be authorized.
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1 (J) Education and Training. To implement a formal and
2 unbiased program of education and training for all employees
3 assigned to investigate and conciliate charges under Articles
4 7A and 7B. The training program shall include the following:
5 (1) substantive and procedural aspects of the
6 investigation and conciliation positions;
7 (2) current issues in human rights law and
8 practice;
9 (3) lectures by specialists in substantive areas
10 related to human rights matters;
11 (4) orientation to each operational unit of the
12 Department and Commission;
13 (5) observation of experienced Department
14 investigators and attorneys conducting conciliation
15 conferences, combined with the opportunity to discuss
16 evidence presented and rulings made;
17 (6) the use of hypothetical cases requiring the
18 Department investigator and conciliation conference
19 attorney to issue judgments as a means to evaluating
20 knowledge and writing ability;
21 (7) writing skills;
22 (8) computer skills, including but not limited to
23 word processing and document management.
24 A formal, unbiased and ongoing professional development
25 program including, but not limited to, the above-noted areas
26 shall be implemented to keep Department investigators and
27 attorneys informed of recent developments and issues and to
28 assist them in maintaining and enhancing their professional
29 competence.
30 (Source: P.A. 89-370, eff. 8-18-95; revised 10-31-98.)
31 (775 ILCS 5/7A-103) (from Ch. 68, par. 7A-103)
32 Sec. 7A-103. Settlement.
33 (A) Circumstances. A settlement of any charge prior to
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1 the filing of a complaint may be effectuated at any time upon
2 agreement of the parties and the approval of the Department.
3 A settlement of any charge after the filing of a complaint
4 shall be effectuated as specified in Section 8-105(A)(2) of
5 this Act.
6 (B) Form. Settlements of charges prior to the filing of
7 complaints shall be reduced to writing by the Department,
8 signed by the parties, and submitted by the Department to the
9 Commission for approval. Settlements of charges after the
10 filing of complaints shall be effectuated as specified in
11 Section 8-105(A)(2) of this Act.
12 (C) Violation.
13 (1) When either party alleges that a settlement
14 order has been violated, the Department shall conduct an
15 investigation into the matter.
16 (2) Upon finding substantial evidence to
17 demonstrate that a settlement has been violated, the
18 Department shall file notice of a settlement order
19 violation with the Commission and serve all parties.
20 (D) Dismissal For Refusal To Accept Settlement Offer.
21 The Department shall dismiss a charge if it is satisfied
22 that:
23 (1) the respondent has eliminated the effects of
24 the civil rights violation charged and taken steps to
25 prevent its repetition; or
26 (2) the respondent offers and the complainant
27 declines to accept terms of settlement which the
28 Department finds are sufficient to eliminate the effects
29 of the civil rights violation charged and prevent its
30 repetition.
31 (3) When the Department dismisses a charge under this
32 Section it shall notify the complainant that he or she may
33 seek review of the dismissal order before the Chief Legal
34 Counsel of the Department. The complainant shall have 30
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1 days from receipt of notice to file a request for review by
2 the Chief Legal Counsel of the Department.
3 (4) In determining whether the respondent has eliminated
4 the effects of the civil rights violation charged, or has
5 offered terms of settlement sufficient to eliminate same, the
6 Department shall consider the extent to which the respondent
7 has either fully provided, or reasonably offered by way of
8 terms of settlement, as the case may be, the relevant relief
9 available to the complainant under Section 8-108 of this Act.
10 (E) This amendatory Act of 1995 applies to causes of
11 action filed on or after January 1, 1996.
12 (Source: P.A. 89-370, eff. 8-18-95; revised 10-31-98.)
13 (775 ILCS 5/8-102) (from Ch. 68, par. 8-102)
14 Sec. 8-102. Powers and Duties. ) In addition to the
15 other powers and duties prescribed in this Act, the
16 Commission shall have the following powers and duties:
17 (A) Meetings. To meet and function at any place within
18 the State.
19 (B) Offices. To establish and maintain offices in
20 Springfield and Chicago.
21 (C) Employees. To select and fix the compensation of
22 such technical advisors and employees as it may deem
23 necessary pursuant to the provisions of "The Personnel Code".
24 (D) Hearing Officers. To select and fix the
25 compensation of hearing officers who shall be attorneys duly
26 licensed to practice law in this State and full time
27 employees of the Commission.
28 A formal and unbiased training program for hearing
29 officers shall be implemented. The training program shall
30 include the following:
31 (1) substantive and procedural aspects of the
32 hearing officer position;
33 (2) current issues in human rights law and
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1 practice;
2 (3) lectures by specialists in substantive areas
3 related to human rights matters;
4 (4) orientation to each operational unit of the
5 Department and Commission;
6 (5) observation of experienced hearing officers
7 conducting hearings of cases, combined with the
8 opportunity to discuss evidence presented and rulings
9 made;
10 (6) the use of hypothetical cases requiring the
11 hearing officer to issue judgments as a means to
12 evaluating knowledge and writing ability;
13 (7) writing skills;
14 (8) computer skills, including but not limited to
15 word processing and document management.
16 A formal, unbiased and ongoing professional development
17 program including, but not limited to, the above-noted areas
18 shall be implemented to keep hearing officers informed of
19 recent developments and issues and to assist them in
20 maintaining and enhancing their professional competence.
21 (E) Rules and Regulations. To adopt, promulgate, amend,
22 and rescind rules and regulations not inconsistent with the
23 provisions of this Act pursuant to the Illinois
24 Administrative Procedure Act.
25 (F) Compulsory Process. To issue and authorize requests
26 for enforcement of subpoenas and other compulsory process
27 established by this Act.
28 (G) Decisions. Through a panel of three members
29 designated by the Chairperson on a random basis, to hear and
30 decide by majority vote complaints filed in conformity with
31 this Act and to approve proposed settlements.
32 (H) Rehearings. To order, by a vote of 6 members,
33 rehearing of its decisions by the entire Commission in
34 conformity with this Act.
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1 (I) Judicial Enforcement. To authorize requests for
2 judicial enforcement of its orders in conformity with this
3 Act.
4 (J) Opinions. To publish its decisions in timely
5 fashion to assure a consistent source of precedent.
6 (K) Public Grants; Private Gifts. To accept public
7 grants and private gifts as may be authorized.
8 (L) Interpreters. To appoint at the expense of the
9 Commission a qualified sign language interpreter whenever a
10 hearing impaired person is a party or witness at a public
11 hearing.
12 (M) Automated Processing Plan. To prepare an electronic
13 data processing and telecommunications plan jointly with the
14 Department in accordance with Section 7-112.
15 (N) The provisions of this amendatory Act of 1995
16 amending subsection (G) of this Section apply to causes of
17 action filed on or after January 1, 1996.
18 (Source: P.A. 89-370, eff. 8-18-95; revised 10-31-98.)
19 (775 ILCS 5/8-105) (from Ch. 68, par. 8-105)
20 Sec. 8-105. Settlement.
21 (A) Approval.
22 (1) When a proposed settlement is submitted by the
23 Department, the Commission, through a panel of 3 members,
24 shall determine whether to approve its terms and
25 conditions.
26 (2) A settlement of any complaint and its
27 underlying charge or charges may be effectuated at any
28 time upon agreement of the parties, with or without the
29 Commission's approval, and shall act as a full and final
30 resolution of the matter. If the parties desire that the
31 Commission retain jurisdiction over the matter for
32 purposes of enforcing the terms of the settlement, the
33 terms shall be reduced to writing, signed by the parties,
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1 and submitted to the Commission for approval. The
2 Commission, through a panel of 3 members, shall determine
3 whether to approve the settlement.
4 (3) Approval of the settlement shall be
5 accomplished by an order, served on the parties and the
6 Department, in accord with the written terms of the
7 settlement.
8 (B) Violation. When the Department files notice of a
9 settlement order violation, the Commission, through a panel
10 of three members, may either order the Department to seek
11 enforcement of the settlement order pursuant to paragraph (B)
12 of Section 8-111 or remand for any type of hearing as it may
13 deem necessary pursuant to paragraph (D) of Section 8A-103.
14 (C) Dismissal for Refusal to Accept Settlement Offer.
15 The Commission shall dismiss a complaint and the underlying
16 charge or charges of the complaint if the Commission is
17 satisfied that:
18 1. the respondent has eliminated the effects of the
19 civil rights violation charged and taken steps to prevent
20 repetition of the violation; or
21 2. the respondent offers and the complainant
22 declines to accept the terms of settlement that the
23 Commission determines are sufficient to eliminate the
24 effect of the civil rights violation charged and to
25 prevent repetition of the violation. ; or
26 In determining whether the respondent has eliminated the
27 effects of the civil rights violation charged, or has offered
28 terms of settlement sufficient to eliminate same, the
29 Commission shall consider the extent to which the respondent
30 has either fully provided, or reasonably offered by way of
31 terms of settlement, as the case may be, the relevant relief
32 available to the complainant under Section 8A-104 of this
33 Act.
34 At any time after the service of a complaint pursuant to
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1 Section 8A-102 of this Act, and prior to service of a
2 decision prepared pursuant to Section 8A-102(I), a respondent
3 may move for a recommended order dismissing a complaint and
4 the underlying charge or charges for complainant's refusal to
5 accept terms of settlement that are sufficient to eliminate
6 the effects of the civil rights violation charged in the
7 complaint and to eliminate repetition of the violation.
8 Respondent's motion and complainant's reply, if any, shall
9 comply with the requirements for summary decision set forth
10 in Section 8-106.1 of this Act.
11 (D) This amendatory Act of 1996 applies to causes of
12 action filed on or after January 1, 1996.
13 (Source: P.A. 89-370, eff. 8-18-95; 89-520, eff. 7-18-96;
14 revised 10-31-98.)
15 (775 ILCS 5/9-101) (from Ch. 68, par. 9-101)
16 Sec. 9-101. Transfer; savings. )
17 (A) Personnel.
18 (1) All personnel previously assigned to the Fair
19 Employment Practices Commission, Department of Equal
20 Employment Opportunity, and Human Relations Commission
21 shall be transferred, in accordance with this Act to the
22 Department or Commission.
23 (2) The rights of employees, the state, and its
24 executive agencies under the Personnel Code, any
25 collective bargaining agreement, or any pension,
26 retirement or annuity plan shall not be affected by this
27 Act.
28 (B) Documents; Property. All books, records, papers,
29 documents, and property in the possession of the Fair
30 Employment Practices Commission, Department of Equal
31 Employment Opportunity, and Human Relations Commission shall
32 be transferred, in accordance with this Act to the Department
33 or Commission.
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1 (C) Service of Documents; Response to Subpoenas. Any
2 report, notice, paper, document or response to a subpoena
3 which previously had to be made, given, furnished or served
4 to or upon the Fair Employment Practices Commission,
5 Department of Equal Employment Opportunity and Human
6 Relations Commission shall be made, given, furnished or
7 served, in accordance with this Act to the Department.
8 (D) Rules and Regulations. No rule or regulation
9 promulgated by the Fair Employment Practices Commission,
10 Department of Equal Employment Opportunity, or Human
11 Relations Commission, including those now in effect and those
12 filed pursuant to the Illinois Administrative Procedure Act,
13 shall be abrogated by this Act. In accordance with this Act
14 they shall be deemed rules and regulations of the Department
15 or the Commission.
16 (E) Completed Acts. This Act shall not affect any act
17 completed, ratified or confirmed or any action taken in a
18 judicial proceeding by or any right accrued or established
19 under the authority of the Fair Employment Practices
20 Commission, Department of Equal Employment Opportunity, Human
21 Relations Commission. Such actions shall be continued, in
22 accordance with this Act, by the Department or Commission.
23 (F) Appropriations. Appropriations made to or for the
24 use of the Fair Employment Practices Commission, Department
25 of Equal Employment Opportunity, and Human Relations
26 Commission shall be transferred, in accordance with Section
27 9b of the State Finance Act "An Act in relation to State
28 finance", approved June 10, 1919, to the Department or
29 Commission.
30 (Source: P.A. 81-1216, revised 10-31-98.)
31 Section 286. The Business Corporation Act of 1983 is
32 amended by changing Section 5.10 as follows:
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1 (805 ILCS 5/5.10) (from Ch. 32, par. 5.10)
2 Sec. 5.10. (a) A Change of registered office or
3 registered agent.
4 (a) A domestic corporation or a foreign corporation may
5 from time to time change the address of its registered
6 office. A domestic corporation or a foreign corporation
7 shall change its registered agent if the office of registered
8 agent shall become vacant for any reason, or if its
9 registered agent becomes disqualified or incapacitated to
10 act, or if the corporation revokes the appointment of its
11 registered agent.
12 (b) A domestic corporation or a foreign corporation may
13 change the address of its registered office or change its
14 registered agent, or both, by executing and filing, in
15 duplicate, in accordance with Section 1.10 of this Act a
16 statement setting forth:
17 (1) The name of the corporation.
18 (2) The address, including street and number, or
19 rural route number, of its then registered office.
20 (3) If the address of its registered office be
21 changed, the address, including street and number, or
22 rural route number, to which the registered office is to
23 be changed.
24 (4) The name of its then registered agent.
25 (5) If its registered agent be changed, the name of
26 its successor registered agent.
27 (6) That the address of its registered office and
28 the address of the business office of its registered
29 agent, as changed, will be identical.
30 (7) That such change was authorized by resolution
31 duly adopted by the board of directors.
32 (c) (Blank).
33 (d) If the registered office is changed from one county
34 to another county, then the corporation shall also file for
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1 record within the time prescribed by this Act in the office
2 of the recorder of the county to which such registered office
3 is changed:
4 (1) In the case of a domestic corporation:
5 (i) A copy of its articles of incorporation
6 certified by the Secretary of State.
7 (ii) A copy of the statement of change of
8 address of its registered office, certified by the
9 Secretary of State.
10 (2) In the case of a foreign corporation:
11 (i) A copy of its certificate of authority to
12 transact business in this State, with a copy of its
13 application therefor affixed thereto, certified by
14 the Secretary of State.
15 (ii) A copy of all amendments to such
16 certificate of authority, if any, likewise certified
17 by the Secretary of State.
18 (iii) A copy of the statement of change of
19 address of its registered office certified by the
20 Secretary of State.
21 (e) The change of address of the registered office, or
22 the change of registered agent, or both, as the case may be,
23 shall become effective upon the filing of such statement by
24 the Secretary of State.
25 (Source: P.A. 88-691, eff. 1-24-95; revised 10-31-98.)
26 Section 287. The Illinois Development Credit Corporation
27 Act is amended by changing Section 8 as follows:
28 (805 ILCS 35/8) (from Ch. 32, par. 1008)
29 Sec. 8. When the applicants have completed the
30 organization of the proposed development credit corporation,
31 they shall file with the Director a certificate of
32 organization executed by its president and attested by its
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1 secretary and with its seal affixed thereto, certifying:
2 (1) the name and addresses of all of its
3 subscribers of stock, the number of shares subscribed and
4 the number of shares fully paid for by each;
5 (2) the total number of shares subscribed, but not
6 fully paid for;
7 (3) the total number of shares paid in full;
8 (4) the name and address of any depositary holding
9 on deposit any funds of the development credit
10 corporation;
11 (5) the names and addresses of the officers and
12 members of the executive committee, if any, of the
13 development credit corporation.
14 The certificate of organization of the applicant shall be
15 accompanied by:
16 (1) the certificate of any named depositary
17 certifying the amount of funds on deposit to the credit
18 of the development credit corporation;
19 (2) any bylaws or resolutions which have been
20 adopted.
21 (Source: Laws 1965, p. 577; revised 10-31-98.)
22 Section 288. The General Not For Profit Corporation Act
23 of 1986 is amended by changing Sections 105.10 and 111.25 as
24 follows:
25 (805 ILCS 105/105.10) (from Ch. 32, par. 105.10)
26 Sec. 105.10. Change of registered office or registered
27 agent.
28 (a) A domestic corporation or a foreign corporation may
29 from time to time change the address of its registered
30 office. A domestic corporation or a foreign corporation
31 shall change its registered agent if the office of registered
32 agent shall become vacant for any reason, or if its
-1725- LRB9101253EGfg
1 registered agent becomes disqualified or incapacitated to
2 act, or if the corporation revokes the appointment of its
3 registered agent.
4 (b) A domestic corporation or a foreign corporation may
5 change the address of its registered office or change its
6 registered agent, or both, by executing and, filing in
7 duplicate, in accordance with Section 101.10 of this Act, a
8 statement setting forth:
9 (1) the name of the corporation;
10 (2) the address, including street and number, or
11 rural route number, of its then registered office;
12 (3) if the address of its registered office be
13 changed, the address, including street and number, or
14 rural route number, to which the registered office is to
15 be changed;
16 (4) the name of its then registered agent;
17 (5) if its registered agent be changed, the name of
18 its successor registered agent;
19 (6) that the address of its registered office and
20 the address of the business office of its registered
21 agent, as changed, will be identical;
22 (7) that such change was authorized by resolution
23 duly adopted by the board of directors.
24 (c) (Blank).
25 (d) If the registered office is changed from one county
26 to another county, then the corporation shall also file for
27 record within the time prescribed by this Act in the office
28 of the Recorder of the county to which such registered office
29 is changed:
30 (1) In the case of a domestic corporation:
31 (i) A copy of its articles of incorporation
32 certified by the Secretary of State.
33 (ii) A copy of the statement of change of
34 address of its registered office, certified by the
-1726- LRB9101253EGfg
1 Secretary of State.
2 (2) In the case of a foreign corporation:
3 (i) A copy of its certificate of authority to
4 transact business in this State, with a copy of its
5 application therefor affixed thereto, certified by
6 the Secretary of State.
7 (ii) A copy of all amendments to such
8 certificate of authority, if any, likewise certified
9 by the Secretary of State.
10 (iii) A copy of the statement of change of
11 address of its registered office certified by the
12 Secretary of State.
13 (e) The change of address of the registered office, or
14 the change of registered agent, or both, as the case may be,
15 shall become effective upon the filing of such statement by
16 the Secretary of State.
17 (Source: P.A. 88-691, eff. 1-24-95; revised 10-31-98.)
18 (805 ILCS 105/111.25) (from Ch. 32, par. 111.25)
19 Sec. 111.25. Articles of merger or consolidation.
20 (a) Articles of merger or consolidation shall be
21 executed by each corporation and filed in duplicate in
22 accordance with Section 101.10 of this Act and shall set
23 forth:
24 (1) the name of each corporation;
25 (2) the plan of merger or consolidation;
26 (3) as to each corporation where the plan of merger
27 or consolidation was adopted pursuant Section 111.15 of
28 this Act:
29 (i) a statement that the plan received the
30 affirmative vote of a majority of the directors in
31 office, at a meeting of the board of directors, and
32 the date of the meeting; or
33 (ii) a statement that the plan was adopted by
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1 written consent, signed by all the directors in
2 office, in compliance with Section 108.45 8.45 of
3 this Act; and
4 (4) as to each corporation where the plan of merger
5 or consolidation was adopted pursuant Section 111.20 of
6 this Act:
7 (i) a statement that the plan was adopted at a
8 meeting of members by the affirmative vote of
9 members having not less than the minimum number of
10 votes necessary to adopt the plan, as provided by
11 this Act, the articles of incorporation, or the
12 bylaws, and the date of the meeting; or
13 (ii) a statement that the plan was adopted by
14 written consent, signed by members having not less
15 than the minimum number of votes necessary to adopt
16 the plan, as provided by this Act, the articles of
17 incorporation or the bylaws, in compliance with
18 Section 107.10 of this Act.
19 (b) When the provisions of this Section have been
20 complied with, the Secretary of State shall issue a
21 certificate of merger or consolidation.
22 (Source: P.A. 84-1423; revised 10-31-98.)
23 Section 289. The Religious Corporation Act is amended by
24 changing Sections 36 and 46b as follows:
25 (805 ILCS 110/36) (from Ch. 32, par. 165)
26 Sec. 36. The chairman or secretary of such meeting
27 shall, as soon as may be after such meeting, make and file in
28 the office of the recorder in the county in which such
29 congregation, church or society is organized (which shall be
30 recorded by such recorder) an affidavit, substantially in the
31 following form:
32 State of Illinois,)
-1728- LRB9101253EGfg
1 ) ss.
2 .......... County.)
3 I, ...., do solemnly swear (or affirm, as the case may
4 be), that at a meeting of the members of the (here insert the
5 name of the church, society or congregation, as known before
6 incorporation), held at (here insert place of meeting), in
7 the County of ...., and State of Illinois, on (insert date),
8 the .... day of ...., 19.., for that purpose, the following
9 persons were elected (or appointed) (here insert their names)
10 trustees (or wardens, vestrymen or officers by whatever name
11 they choose to adopt, with powers and duties similar to
12 trustees), according to the rules and usages of such (church,
13 society or congregation). And the (church, society or
14 congregation) adopted as its corporate name (here insert the
15 name). And at the meeting this affiant acted as (chairman or
16 secretary, as the case may be).
17 Subscribed and sworn to before me on (insert date). this
18 .... day of ...., 19...
19 ............... (Name of affiant.).
20 Such congregation, church or society may change its name
21 or make other amendment to its original affidavit of
22 incorporation by passing a resolution of such amendment in
23 accordance with the rules and usages of such congregation,
24 church or society and filing an affidavit to that effect in
25 the office of the recorder in the county in which such
26 congregation, church or society is located.
27 Such affidavit, or a copy thereof duly certified by the
28 recorder, shall be received as evidence of the due
29 incorporation of such congregation, church or society.
30 (Source: P.A. 84-551; revised 10-20-98.)
31 (805 ILCS 110/46b) (from Ch. 32, par. 177)
32 Sec. 46b. The presiding officer, or duly authorized
33 representative of any ecclesiastical body, or diocesan, or
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1 like ecclesiastical officer having jurisdiction agreeably to
2 the laws of any sect or denomination over such ecclesiastical
3 district or diocese, shall, as soon as may be after such
4 appointment, make and file in the office of the recorder in
5 the county of which such congregation, church, or society is
6 organized, an affidavit, (which shall be recorded by such
7 recorder), substantially in the following form:
8 State of Illinois,)
9 ) ss.
10 County of ........)
11 I, ...., do solemnly swear (or affirm, as the case may
12 be), that the following persons (here insert their names)
13 were appointed trustees (or wardens, vestrymen, or officers,
14 by whatever name is adopted, with powers and duties similar
15 with trustees) of (here insert the name of the congregation,
16 church, society or corporation) according to the usages or
17 customs (rule, regulations, articles of association,
18 constitution, by-laws, or canons, as the case may be) by the
19 (synod, presbytery, conference, convention, council,
20 episcopate, or like ecclesiastical body, or diocesan, or like
21 ecclesiastical officer, as the case may be), (here insert the
22 name of the congregation, church, society, sect, or
23 denomination, having charge or control over such
24 congregation, church, society or corporation) under and by
25 virtue of sections 46a, 46b, 46c, 46d, 46e, 46f, 46g and 46h,
26 of "An act concerning corporations," approved April 18, 1872,
27 and the (church, society or congregation, or trustees)
28 adopted as the corporate name (here insert name).
29 ....................................
30 (Name of affiant and title, if any.)
31 Subscribed and sworn to before me on (insert date). this
32 .... day of ...., 19...
33 Such affidavit, or copy thereof, duly certified by the
34 recorder, shall be received as evidence of the due
-1730- LRB9101253EGfg
1 incorporation of such congregation, church or society.
2 (Source: P.A. 83-358; revised 10-20-98.)
3 Section 290. The Uniform Commercial Code is amended by
4 changing Sections 9-307, 9-313, 9-402, 9-403, and 9-501 as
5 follows:
6 (810 ILCS 5/9-307) (from Ch. 26, par. 9-307)
7 Sec. 9-307. Protection of Buyers of Goods.
8 (1) Except as provided in subsection (4), a buyer in the
9 ordinary course of business, as defined in subsection (9) of
10 Section 1-201, takes free of a security interest created by
11 his seller even though the security interest is perfected and
12 even though the buyer knows of its existence.
13 (2) In the case of consumer goods, a buyer takes free of
14 a security interest even though perfected if he buys without
15 knowledge of the security interest, for value and for his own
16 personal, family or household purposes unless prior to the
17 purchase the secured party has filed a financing statement
18 covering such goods.
19 (3) A buyer other than a buyer in ordinary course of
20 business (subsection (1) of this Section) takes free of a
21 security interest to the extent that it secures future
22 advances made after the secured party acquires knowledge of
23 the purchase, or more than 45 days after the purchase,
24 whichever first occurs, unless made pursuant to a commitment
25 entered into without knowledge of the purchase and before the
26 expiration of the 45 day period.
27 (4) A buyer of farm products takes subject to a security
28 interest created by the seller if:
29 (a) within one year before the sale of the farm
30 products, the buyer has received from the secured party
31 or the seller written notice of the security interest
32 organized according to farm products that:
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1 (i) is an original or reproduced copy thereof;
2 (ii) contains:,
3 (I) the name and address of the secured
4 party;
5 (II) the name and address of the person
6 indebted to the secured party;
7 (III) the social security number of the
8 debtor or, in the case of a debtor doing
9 business other than as an individual, the
10 Internal Revenue Service taxpayer
11 identification number of such debtor; and
12 (IV) a description of the farm products
13 subject to the security interest created by the
14 debtor, including the amount of such products
15 where applicable, crop year, county, and a
16 reasonable description of the property;
17 (iii) must be amended in writing, within 3
18 months, similarly signed and transmitted, to reflect
19 material changes;
20 (iv) will lapse on either the expiration
21 period of the statement or the transmission of a
22 notice signed by the secured party that the
23 statement has lapsed, whichever occurs first; and
24 (v) sets forth any payment obligations imposed
25 on the buyer by the secured party as conditions for
26 waiver or release of the security interest; and
27 (b) the buyer has failed to perform the payment
28 obligations.
29 For the purposes of this subsection (4), a buyer of farm
30 products has received notice from the secured party or seller
31 when written notice of the security interest is sent to the
32 buyer by registered or certified mail.
33 (Source: P.A. 84-1372; revised 10-31-98.)
-1732- LRB9101253EGfg
1 (810 ILCS 5/9-313) (from Ch. 26, par. 9-313)
2 Sec. 9-313. Priority of Security Interests in Fixtures.
3 (1) In this Section and in the provisions of Part 4 of
4 this Article referring to fixture filing, unless the context
5 otherwise requires:
6 (a) Goods are "fixtures" when they become so
7 related to particular real estate that an interest in
8 them arises under real estate law.
9 (b) A "fixture filing" is the filing in the office
10 where a mortgage on the real estate would be filed or
11 recorded of a financing statement covering goods which
12 are or are to become fixtures and conforming to the
13 requirements of subsection (5) of Section 9-402.
14 (c) A mortgage is a "construction mortgage" to the
15 extent that it secures an obligation incurred for the
16 construction of an improvement on land including the
17 acquisition cost of the land, if the recorded writing so
18 indicates.
19 (2) A security interest under this Article may be
20 created in goods which are fixtures or may continue in goods
21 which become fixtures, but no security interest exists under
22 this Article in ordinary building materials incorporated into
23 an improvement on land.
24 (3) This Article does not prevent creation of an
25 encumbrance upon fixtures pursuant to real estate law.
26 (4) A perfected security interest in fixtures has
27 priority over the conflicting interest of an encumbrancer or
28 owner of the real estate where:
29 (a) the security interest is a purchase money
30 security interest, the interest of the encumbrancer or
31 owner arises before the goods become fixtures, the
32 security interest is perfected by a fixture filing before
33 the goods become fixtures or within 10 days thereafter,
34 and the debtor has an interest of record in the real
-1733- LRB9101253EGfg
1 estate or is in possession of the real estate; or
2 (b) the security interest is perfected by a fixture
3 filing before the interest of the encumbrancer or owner
4 is of record, the security interest has priority over any
5 conflicting interest of a predecessor in title of the
6 encumbrancer or owner, and the debtor has an interest of
7 record in the real estate or is in possession of the real
8 estate; or
9 (c) the fixtures are readily removable factory or
10 office machines or readily removable replacements of
11 domestic appliances which are consumer goods, and before
12 the goods become fixtures the security interest is
13 perfected by any method permitted by this Article; or
14 (d) the conflicting interest is a lien on the real
15 estate obtained by legal or equitable proceedings after
16 the security interest was perfected by any method
17 permitted by this Article.
18 (5) A security interest in fixtures, whether or not
19 perfected, has priority over the conflicting interest of an
20 encumbrancer or owner of the real estate where:
21 (a) the encumbrancer or owner has consented in
22 writing to the security interest or has disclaimed an
23 interest in the goods as fixtures; or
24 (b) the debtor has a right to remove the goods as
25 against the encumbrancer or owner. If the debtor's right
26 terminates, the priority of the security interest
27 continues for a reasonable time.
28 (6) Notwithstanding paragraph (a) of subsection (4) but
29 otherwise subject to subsections (4) and (5), a security
30 interest in fixtures is subordinate to a construction
31 mortgage recorded before the goods become fixtures if the
32 goods become fixtures before the completion of the
33 construction. To the extent that it is given to refinance a
34 construction mortgage, a mortgage has this priority to the
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1 same extent as the construction mortgage.
2 (7) In cases not within the preceding subsections, a
3 security interest in fixtures is subordinate to the
4 conflicting interest of an encumbrancer or owner of the
5 related real estate who is not the debtor.
6 (8) When the secured party has priority over all owners
7 and encumbrancers of the real estate, he may, on default,
8 subject to the provisions of Part 5, remove his collateral
9 from the real estate but he must reimburse any encumbrancer
10 or owner of the real estate who is not the debtor and who has
11 not otherwise agreed for the cost of repair of any physical
12 injury, but not for any diminution in value of the real
13 estate caused by the absence of the goods removed or by any
14 necessity of replacing them. A person entitled to
15 reimbursement may refuse permission to remove until the
16 secured party gives adequate security for the performance of
17 this obligation.
18 (Source: P.A. 78-238; revised 10-31-98.)
19 (810 ILCS 5/9-402) (from Ch. 26, par. 9-402)
20 Sec. 9-402. Formal requisites of financing statement;
21 amendments; mortgage as financing statement.
22 (1) A financing statement is sufficient if it gives the
23 names of the debtor and the secured party, is signed by the
24 debtor, gives an address of the secured party from which
25 information concerning the security interest may be obtained,
26 gives a mailing address of the debtor and contains a
27 statement indicating the types, or describing the items, of
28 collateral. A financing statement may be filed before a
29 security agreement is made or a security interest otherwise
30 attaches. When a financing statement filed prior to January
31 1, 1996, covers crops growing or to be grown, the statement
32 must also contain a legal description of the real estate
33 concerned. If a financing statement covers crops growing or
-1735- LRB9101253EGfg
1 to be grown and includes a description of the real estate
2 concerned, the description is sufficient if it includes the
3 quarter section, section, township and range, and the name of
4 a record owner if other than the debtor, of the real estate
5 concerned. When the financing statement covers timber to be
6 cut or covers minerals or the like (including oil and gas) or
7 accounts subject to subsection (5) of Section 9-103, or when
8 the financing statement is filed as a fixture filing (Section
9 9-313) and the collateral is goods which are or are to become
10 fixtures, the statement must also comply with subsection (5).
11 A copy of the security agreement is sufficient as a financing
12 statement if it contains the above information and is signed
13 by the debtor. A carbon, photographic or other reproduction
14 of a security agreement or a financing statement is
15 sufficient as a financing statement if the security agreement
16 so provides or if the original has been filed in this State.
17 (2) A financing statement which otherwise complies with
18 subsection (1) is sufficient when it is signed by the secured
19 party instead of the debtor if it is filed to perfect a
20 security interest in:
21 (a) collateral already subject to a security
22 interest in another jurisdiction when it is brought into
23 this State, or when the debtor's location is changed to
24 this State. Such a financing statement must state that
25 the collateral was brought into this State or that the
26 debtor's location was changed to this State under such
27 circumstances; or
28 (b) proceeds under Section 9-306 if the security
29 interest in the original collateral was perfected. Such a
30 financing statement must describe the original
31 collateral; or
32 (c) collateral as to which the filing has lapsed;
33 or
34 (d) collateral acquired after a change of name,
-1736- LRB9101253EGfg
1 identity or corporate structure of the debtor (subsection
2 (7)).
3 (3) A form substantially as follows is sufficient to
4 comply with subsection (1):
5 Name of debtor (or assignor) .......................
6 Address .......................................
7 Name of secured party (or assignee) ...........
8 Address .......................................
9 1. This financing statement covers the following
10 types (or items) of property:
11 (Describe) .........................................
12 2. (Blank).
13 3. (If applicable) The above goods are to become
14 fixtures on ........................................... *
15 *Where appropriate substitute either "The above
16 timber is standing on ...." or "The above minerals or the
17 like (including oil and gas) or accounts will be financed
18 at the wellhead or minehead of the well or mine located
19 on ...."
20 (Describe Real Estate) .............................
21 and this financing statement is to be filed in the real
22 estate records. (If the debtor does not have an interest
23 of record) The name of a record owner is ................
24 4. (If products of collateral are claimed) Products
25 of the collateral are also covered.
26 Signature of Debtor (or Assignor) ..................
27 Signature of Secured Party (or Assignee) ...........
28 (use whichever is applicable)
29 (4) A financing statement may be amended by filing a
30 writing signed by both the debtor and the secured party. An
31 amendment does not extend the period of effectiveness of a
32 financing statement. If any amendment adds collateral, it is
33 effective as to the added collateral only from the filing
34 date of the amendment. In this Article, unless the context
-1737- LRB9101253EGfg
1 otherwise requires, the term "financing statement" means the
2 original financing statement and any amendments.
3 (5) A financing statement covering timber to be cut or
4 covering minerals or the like (including oil and gas) or
5 accounts subject to subsection (5) of Section 9-103, or a
6 financing statement filed as a fixture filing (Section 9-313)
7 where the debtor is not a transmitting utility, must show
8 that it covers this type of collateral, must recite that it
9 is to be filed in the real estate records, and the financing
10 statement must contain a description of the real estate. If
11 the debtor does not have an interest of record in the real
12 estate, the financing statement must show the name of a
13 record owner.
14 (6) A mortgage is effective as a financing statement
15 filed as a fixture filing from the date of its recording if:
16 (a) the goods are described in the mortgage by item
17 or type,
18 (b) the goods are or are to become fixtures related
19 to the real estate described in the mortgage,
20 (c) the mortgage complies with the requirements for
21 a financing statement in this Section other than a
22 recital that it is to be filed in the real estate
23 records, and
24 (d) the mortgage is duly recorded.
25 No fee with reference to the financing statement is
26 required other than the regular recording and satisfaction
27 fees with respect to the mortgage.
28 (7) A financing statement sufficiently shows the name of
29 the debtor if it gives the individual, partnership or
30 corporate name of the debtor, whether or not it adds other
31 trade names or names of partners. Where the debtor so changes
32 his name or in the case of an organization its name, identity
33 or corporate structure that a filed financing statement
34 becomes seriously misleading, the filing is not effective to
-1738- LRB9101253EGfg
1 perfect a security interest in collateral acquired by the
2 debtor more than 4 months after the change, unless a new
3 appropriate financing statement is filed before the
4 expiration of that time. A filed financing statement remains
5 effective with respect to collateral transferred by the
6 debtor even though the secured party knows of or consents to
7 the transfer.
8 (8) A financing statement substantially complying with
9 the requirements of this Section is effective even though it
10 contains minor errors which are not seriously misleading.
11 (Source: P.A. 89-228, eff. 1-1-96; revised 10-31-98.)
12 (810 ILCS 5/9-403) (from Ch. 26, par. 9-403)
13 Sec. 9-403. What constitutes filing; duration of filing;
14 effect of lapsed filing; duties of filing officer; fees.
15 (1) Presentation for filing of a financing statement and
16 tender of the filing fee or acceptance of the statement by
17 the filing officer constitutes filing under this Article.
18 (2) Except as provided in subsection (6) a filed
19 financing statement is effective for a period of 5 years from
20 the date of filing. The effectiveness of a filed financing
21 statement lapses on the expiration of the 5 year period
22 unless a continuation statement is filed prior to the lapse.
23 If a security interest perfected by filing exists at the time
24 insolvency proceedings are commenced by or against the
25 debtor, the security interest remains perfected until
26 termination of the insolvency proceedings and thereafter for
27 a period of 60 days or until expiration of the 5 year period,
28 whichever occurs later. Upon lapse the security interest
29 becomes unperfected, unless it is perfected without filing.
30 If the security interest becomes unperfected upon lapse, it
31 is deemed to have been unperfected as against a person who
32 became a purchaser or lien creditor before lapse.
33 (3) A continuation statement may be filed by the secured
-1739- LRB9101253EGfg
1 party within 6 months prior to the expiration of the 5 year
2 period specified in subsection (2). Any such continuation
3 statement must be signed by the secured party, identify the
4 original statement by file number and state that the original
5 statement is still effective. A continuation statement signed
6 by a person other than the secured party of record must be
7 accompanied by a separate written statement of assignment
8 signed by the secured party of record and complying with
9 subsection (2) of Section 9-405, including payment of the
10 required fee. Upon timely filing of the continuation
11 statement, the effectiveness of the original statement is
12 continued for 5 years after the last date to which the filing
13 was effective whereupon it lapses in the same manner as
14 provided in subsection (2) unless another continuation
15 statement is filed prior to such lapse. Succeeding
16 continuation statements may be filed in the same manner to
17 continue the effectiveness of the original statement. Unless
18 a statute on disposition of public records provides
19 otherwise, the filing officer may remove a lapsed statement
20 from the files and destroy it immediately if he has retained
21 a microfilm or other photographic record, or in other cases
22 after one year after the lapse. The filing officer shall so
23 arrange matters by physical annexation of financing
24 statements to continuation statements or other related
25 filings, or by other means, that if he physically destroys
26 the financing statements of a period more than 5 years past,
27 those which have been continued by a continuation statement
28 or which are still effective under subsection (6) shall be
29 retained.
30 (4) Except as provided in subsection (7) a filing
31 officer shall mark each statement with a file number and with
32 the date and hour of filing and shall hold the statement or a
33 microfilm or other photographic copy thereof for public
34 inspection. In addition the filing officer shall index the
-1740- LRB9101253EGfg
1 statement according to the name of the debtor and shall note
2 in the index the file number and the address of the debtor
3 given in the statement.
4 (5) The uniform fee for filing and indexing and for
5 stamping a copy furnished by the secured party to show the
6 date and place of filing for an original financing statement,
7 amended statement, or for a continuation statement shall be
8 $20.
9 (6) If the debtor is a transmitting utility (subsection
10 (5) of Section 9-401) and a filed financing statement so
11 states, it is effective until a termination statement is
12 filed. A real estate mortgage which is effective as a fixture
13 filing under subsection (6) of Section 9-402 remains
14 effective as a fixture filing until the mortgage is released
15 or satisfied of record or its effectiveness otherwise
16 terminates as to the real estate.
17 (7) When a financing statement covers timber to be cut
18 or covers minerals or the like (including oil and gas) or
19 accounts subject to subsection (5) of Section 9-103, or is
20 filed as a fixture filing, the filing officer shall index it
21 under the names of the debtor and any owner of record shown
22 on the financing statement in the same fashion as if they
23 were the mortgagors in a mortgage of the real estate
24 described, and, to the extent that the law of this State
25 provides for indexing of mortgages under the name of the
26 mortgagee, under the name of the secured party as if he were
27 the mortgagee thereunder, or where indexing is by description
28 in the same fashion as if the financing statement were a
29 mortgage of the real estate described.
30 (8) For financing statements filed on or after January
31 1, 1998 as to a debtor who is a resident of the State of
32 Illinois, if the collateral is equipment used in farming
33 operations, farm products, or accounts or general intangibles
34 arising from the sale of farm products by a farmer, the
-1741- LRB9101253EGfg
1 secured party shall, within 30 days after filing with the
2 office of the Secretary of State, remit to the office of the
3 recorder in the county of the debtor's residence a fee of $10
4 together with a copy of the financing statement filed in the
5 office of the Secretary of State. This fee is in addition to
6 payment of the fee provided in subsection (5) of this Section
7 and is imposed to defray the cost of converting the county
8 recorder's document storage system to computers or
9 micrographics. The copy of the financing statement provided
10 to the office of the recorder shall be for informational
11 purposes only and shall not be for filing with the office of
12 the recorder nor shall the provision of the informational
13 copy be subject to imposition of any filing fee under Section
14 3-5018 of the Counties Code or otherwise. The provisions of
15 this subsection (8) other than this sentence, are inoperative
16 after the earlier of (i) July 1, 1999 or (ii) the effective
17 date of a change to the Illinois Uniform Commercial Code
18 which adopts a recommendation by the National Conference of
19 Commissioners on Uniform State Laws to amend Section 9-401 of
20 this Code to make the office of the Secretary of State the
21 proper place to file a financing statement described in this
22 subsection (8).
23 (9) The failure to send an informational copy of a
24 financing statement to the appropriate office of the recorder
25 or to pay the fee as set forth in subsection (8) shall not in
26 any manner affect the existence, validity, perfection,
27 priority, or enforceability of the security interest of the
28 secured party.
29 (Source: P.A. 89-503, eff. 1-1-97; 90-300, eff. 1-1-98;
30 revised 10-31-98.)
31 (810 ILCS 5/9-501) (from Ch. 26, par. 9-501)
32 Sec. 9-501. Default; procedure when security agreement
33 covers both real and personal property.
-1742- LRB9101253EGfg
1 (1) When a debtor is in default under a security
2 agreement, a secured party has the rights and remedies
3 provided in this Part and except as limited by subsection (3)
4 those provided in the security agreement. He may reduce his
5 claim to judgment, foreclose or otherwise enforce the
6 security interest by any available judicial procedure. If the
7 collateral is documents the secured party may proceed either
8 as to the documents or as to the goods covered thereby. A
9 secured party in possession has the rights, remedies and
10 duties provided in Section 9-207. The rights and remedies
11 referred to in this subsection are cumulative.
12 (2) After default, the debtor has the rights and
13 remedies provided in this Part, those provided in the
14 security agreement and those provided in Section 9-207.
15 (3) To the extent that they give rights to the debtor
16 and impose duties on the secured party, the rules stated in
17 the subsections referred to below may not be waived or varied
18 except as provided with respect to compulsory disposition of
19 collateral (subsection (3) of Section 9-504 and Section 9-505
20 ) and with respect to redemption of collateral (Section
21 9-506) but the parties may by agreement determine the
22 standards by which the fulfillment of these rights and duties
23 is to be measured if such standards are not manifestly
24 unreasonable:
25 (a) subsection (2) of Section 9-502 and subsection
26 (2) of Section 9-504 insofar as they require accounting
27 for surplus proceeds of collateral;
28 (b) subsection (3) of Section 9-504 and subsection
29 (1) of Section 9-505 which deal with disposition of
30 collateral;
31 (c) subsection (2) of Section 9-505 which deals
32 with acceptance of collateral as discharge of obligation;
33 (d) Section 9-506 which deals with redemption of
34 collateral; and
-1743- LRB9101253EGfg
1 (e) subsection (1) of Section 9-507 which deals
2 with the secured party's liability for failure to comply
3 with this Part.
4 (4) If the security agreement covers both real and
5 personal property, the secured party may proceed under this
6 Part as to the personal property or he may proceed as to both
7 the real and the personal property in accordance with his
8 rights and remedies in respect to the real property in which
9 case the provisions of this Part do not apply.
10 (5) When a secured party has reduced his claim to
11 judgment the lien of any levy which may be made upon his
12 collateral by virtue of such judgment shall relate back to
13 the date of the perfection of the security interest in such
14 collateral. A judicial sale, pursuant to such judgment, is a
15 foreclosure of the security interest by judicial procedure
16 within the meaning of this Section, and the secured party may
17 purchase at the sale and thereafter hold the collateral free
18 of any other requirements of this Article.
19 (Source: P.A. 84-546; revised 10-31-98.)
20 Section 291. The Illinois Securities Law of 1953 is
21 amended by changing Section 11a as follows:
22 (815 ILCS 5/11a) (from Ch. 121 1/2, par. 137.11a)
23 Sec. 11a. Fees.
24 (1) The Secretary of State shall by rule or regulation
25 impose and shall collect reasonable fees necessary for the
26 administration of this Act including, but not limited to,
27 fees for the following purposes:
28 (a) filing an application pursuant to paragraph (2)
29 of subsection F of Section 4 of this Act;
30 (b) examining an application and report pursuant to
31 paragraph (2) of subsection F of Section 4 of this Act;
32 (c) filing a report pursuant to subsection G of
-1744- LRB9101253EGfg
1 Section 4 of this Act, determined in accordance with
2 paragraph (4) of subsection G of Section 4 of this Act;
3 (d) examining an offering sheet pursuant to
4 subsection P of Section 4 of this Act;
5 (e) filing a report pursuant to subsection P of
6 Section 4, determined in accordance with subsection P of
7 Section 4 of this Act;
8 (f) examining an application to register securities
9 under subsection B of Section 5 of this Act;
10 (g) examining an amended or supplemental prospectus
11 filed pursuant to the undertaking required by
12 sub-paragraph (i) of paragraph (2) of subsection B of
13 Section 5 of this Act;
14 (h) registering or renewing registration of
15 securities under Section 5, determined in accordance with
16 subsection C of Section 5 of this Act;
17 (i) registering securities in excess of the amount
18 initially registered, determined in accordance with
19 paragraph (2) of subsection C of Section 5 of this Act;
20 (j) failure to file timely an application for
21 renewal under subsection E of Section 5 of this Act;
22 (k) failure to file timely any document or
23 information required under Section 5 of this Act;
24 (l) examining an application to register face
25 amount certificate contracts under subsection B of
26 Section 6 of this Act;
27 (m) examining an amended or supplemental prospectus
28 filed pursuant to the undertaking required by
29 sub-paragraph (f) of paragraph (2) of subsection B of
30 Section 6 of this Act;
31 (n) registering or renewing registration of face
32 amount certificate contracts under Section 6 of this Act;
33 (o) amending a registration of face amount
34 certificate contracts pursuant to subsection E of Section
-1745- LRB9101253EGfg
1 6 of this Act to add any additional series, type or class
2 of contract;
3 (p) failure to file timely an application for
4 renewal under subsection F of Section 6 of this Act;
5 (q) adding to or withdrawing from deposits with
6 respect to face amount certificate contracts pursuant to
7 subsection H of Section 6, a transaction charge payable
8 at the times and in the manner specified in subsection H
9 of Section 6 (which transaction charge shall be in
10 addition to the annual fee called for by subsection H of
11 Section 6 of this Act);
12 (r) failure to file timely any document or
13 information required under Section 6 of this Act;
14 (s) examining an application to register investment
15 fund shares under subsection B of Section 7 of this Act;
16 (t) examining an amended or supplemental prospectus
17 filed pursuant to the undertaking required by
18 sub-paragraph (f) of paragraph (2) of subsection B of
19 Section 7 of this Act;
20 (u) registering or renewing registration of
21 investment fund shares under Section 7 of this Act;
22 (v) amending a registration of investment fund
23 shares pursuant to subsection D of Section 7 of this Act
24 to register an additional class or classes of investment
25 fund shares;
26 (w) failure to file timely an application for
27 renewal under paragraph (l) of subsection G of Section 7
28 of this Act;
29 (x) examining an application for renewal of
30 registration of investment fund shares under paragraph
31 (2) of subsection G of Section 7 of this Act;
32 (y) failure to file timely any document or
33 information required under Section 7 of this Act;
34 (z) filing an application for registration or
-1746- LRB9101253EGfg
1 re-registration of a dealer or limited Canadian dealer
2 under Section 8 of this Act for each office in this
3 State;
4 (aa) in connection with an application for the
5 registration or re-registration of a salesperson under
6 Section 8 or this Act, for the following purposes:
7 (i) filing an application;
8 (ii) a Securities Audit and Enforcement Fund
9 fee; and
10 (iii) a notification filing of federal covered
11 investment advisers;.
12 (bb) in connection with an application for the
13 registration or re-registration of an investment adviser
14 under Section 8 of this Act;
15 (cc) failure to file timely any document or
16 information required under Section 8 of this Act;
17 (dd) filing a consent to service of process under
18 Section 10 of this Act;
19 (ee) issuing a certificate pursuant to subsection B
20 of Section 15 of this Act;
21 (ff) issuing a certified copy pursuant to
22 subsection C of Section 15 of this Act;
23 (gg) issuing a non-binding statement pursuant to
24 Section 15a of this Act;.
25 (hh) filings by Notification under Section 2a;
26 (ii) notification filing of federal Regulation D,
27 Section 506 offering under the Federal 1933 Act;
28 (jj) notification filing of securities and
29 closed-end investment company securities;
30 (kk) notification filing of face amount certificate
31 contracts;
32 (ll) notification filing of open-end investment
33 company securities;
34 (mm) filing a report pursuant to subsection D of
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1 Section 4 of this Act;
2 (nn) in connection with the filing of an
3 application for registration or re-registration of an
4 investment adviser representative under subsection D of
5 Section 8 of this Act.;
6 (2) The Secretary of State may, by rule or regulation,
7 raise or lower any fee imposed by, and which he or she is
8 authorized by law to collect under, this Act.
9 (Source: P.A. 90-70, eff. 7-8-97; revised 10-31-98.)
10 Section 292. The Residential Improvement Loan Act is
11 amended by changing Section 3 as follows:
12 (815 ILCS 135/3) (from Ch. 17, par. 5803)
13 Sec. 3. Such completion certificate shall be signed by
14 the obligor of the loan and by the contractor performing the
15 aforesaid work, shall be dated, and shall be in substantially
16 the following form:
17 COMPLETION CERTIFICATE
18 We, the undersigned, being respectively the obligor and
19 contractor, do hereby certify that the contractor has
20 performed labor or delivered materials or both to: (address
21 of property) ...., in connection with a contract to improve,
22 create an addition to, repair or remodel such property, and
23 that as of this date the value of the labor performed and
24 materials delivered is $....
25 We do further certify that in connection with such
26 contract there remains labor to be performed, and materials
27 to be delivered, of the value of $....
28 This Certificate is signed on (insert date). this ....
29 day of ...., 19...
30 .... (Obligor)
31 .... (Contractor)
32 (Source: Laws 1963, p. 3543; revised 10-20-98.)
-1748- LRB9101253EGfg
1 Section 293. The Illinois Loan Brokers Act of 1995 is
2 amended by changing Sections 15-15 and 15-45 as follows:
3 (815 ILCS 175/15-15)
4 Sec. 15-15. Application for registration;, contents;,
5 bond;, issuance;, effective date;, and consent to Secretary
6 of State as process agent.
7 (a) In order to be registered under this Act a loan
8 broker shall file an application for registration with the
9 Secretary of State. The application for registration shall
10 contain:
11 (1) the disclosure document required under
12 subsection (b) of Section 15-30 of this Act and the form
13 of disclosure statement proposed to be used under item
14 (1) of subsection (b) of Section 15-30 of this Act;.
15 (2) consent to service of process under subsection
16 (e) of this Section;
17 (3) evidence of the bond required in subsection (b)
18 of this Section;
19 (4) a fee in the amount as specified in subsection
20 (a) of Section 15-25 of this Act, and shall not be
21 returnable in any event.
22 (b) A loan broker who engages in any loan brokerage
23 transactions where the loan is subject to the
24 Truth-in-Lending Act must maintain a bond satisfactory to the
25 Secretary of State in the amount of $25,000, which shall be
26 in favor of the State.
27 (c) Whenever the provisions of this Act Law have been
28 complied with, the Secretary of State shall issue a
29 certificate of registration to the applicant, authorizing the
30 applicant to engage in the business of loan brokering.
31 (d) An application for registration becomes effective 30
32 days after it is filed, unless a certificate of the Secretary
33 of State establishes an earlier effective date. Every
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1 registration is effective until January 1 of the year after
2 it goes into effect.
3 (e) Every applicant for registration shall file with the
4 Secretary of State, in such form as the Secretary of State
5 may prescribe by rule or regulation, an irrevocable consent
6 appointing the Secretary of State to be the applicant's agent
7 to receive service of any lawful process in any noncriminal
8 suit, action or proceeding against the applicant arising from
9 the violation of any provision of this Act.
10 (f) An application shall be considered filed when all
11 required documentation and fees are received by the Office of
12 the Secretary of State.
13 (Source: P.A. 89-209, eff. 1-1-96; 90-70, eff. 7-8-97;
14 revised 10-31-98.)
15 (815 ILCS 175/15-45)
16 Sec. 15-45. Powers of Secretary of State; privilege
17 against self-incrimination; admissibility into evidence.
18 (a) The Secretary of State may do the following:
19 (1) Adopt rules and regulations to implement this
20 Act.
21 (2) Make investigations and examinations:
22 (A) in connection with any application for
23 registration of any loan broker or any registration
24 already granted; or
25 (B) whenever it appears to the Secretary of
26 State, upon the basis of a complaint or information,
27 that reasonable grounds exist for the belief that an
28 investigation or examination is necessary or
29 advisable for the more complete protection of the
30 interests of the public.
31 (3) Charge as costs of investigation or examination
32 all reasonable expenses, including a per diem prorated
33 upon the salary of any employee and actual traveling and
-1750- LRB9101253EGfg
1 hotel expenses. All reasonable expenses are to be paid
2 by the party or parties under investigation or
3 examination.
4 (4) Issue notices and orders, including cease and
5 desist notices and orders, after making an investigation
6 or examination under item (2) of subsection (a) of this
7 Section. The Secretary of State may also bring an action
8 to prohibit a person from violating this Act. The
9 Secretary of State shall notify the person that an order
10 or notice has been issued, the reasons for it and that a
11 hearing will be set in accordance with the provisions of
12 the Illinois Administrative Procedure Act after the
13 Secretary of State receives a written request from the
14 person requesting a hearing.
15 (5) Sign all orders, official certifications,
16 documents or papers issued under this Act Law or delegate
17 the authority to sign any of those items to his or her
18 designee.
19 (6) Hold and conduct hearings.
20 (7) Hear evidence.
21 (8) Conduct inquiries with or without hearings.
22 Inquiries shall include oral and written requests for
23 information. A failure to respond to a written request
24 for information may be deemed a violation of this Act
25 and the Secretary of State may issue notices and orders,
26 including cease and desist notices and orders, against
27 the violators.
28 (9) Receive reports of investigators or other
29 officers or employees of the State of Illinois or any
30 municipal corporation or governmental subdivision within
31 the State.
32 (10) Administer oaths or cause them to be
33 administered.
34 (11) Subpoena witnesses and compel them to attend
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1 and testify.
2 (12) Compel the production of books, records and
3 other documents.
4 (13) Order depositions to be taken of any witness
5 residing within or without the State. The depositions
6 shall be taken in the manner prescribed by law for
7 depositions in civil actions and made returnable to the
8 Secretary of State.
9 (b) If any person refuses to obey a subpoena issued
10 under this Act, the Secretary of State may make application
11 to any court of competent jurisdiction to order the person to
12 appear before the Secretary of State and produce documentary
13 evidence or give evidence as directed in the subpoena. The
14 failure to obey the order of the court shall be subject to
15 punishment by the court as contempt of court.
16 (c) No person shall be excused from complying with a
17 subpoena on the ground that the testimony or evidence
18 required may tend to incriminate the person or subject the
19 person to a penalty or forfeiture. No individual may be
20 prosecuted or subject to any penalty or forfeiture for or on
21 account of any transaction, matter or thing which the
22 individual is compelled to testify or produce evidence, after
23 claiming the privilege against self-incrimination. However,
24 the individual so testifying shall not be exempt from
25 prosecution and punishment for perjury committed in so
26 testifying.
27 (d) In any prosecution, action, suit or proceeding based
28 upon or arising out of this Act, the Secretary of State may
29 sign a certificate showing compliance or non-compliance with
30 this Act by any loan broker. This shall constitute prima
31 facie evidence of compliance or non-compliance with this Act
32 and shall be admissible in evidence in any court.
33 (e) Whenever it shall appear to the Secretary of State
34 that any person is engaged or about to engage in any acts or
-1752- LRB9101253EGfg
1 practices which constitute or will constitute a violation of
2 this Act, or of any rule or regulation prescribed under
3 authority of this Act, the Secretary of State may at his or
4 her discretion, through the Attorney General:
5 (1) File a complaint and apply for a temporary
6 restraining order without notice, and upon a proper
7 showing the court may enter a temporary restraining order
8 without a bond, to enforce this Act.
9 (2) File a complaint and apply for a preliminary or
10 permanent injunction, and, after notice and hearing and
11 upon a proper showing, the court may grant a preliminary
12 or permanent injunction and may order the defendant to
13 make an offer of rescission with respect to any contract
14 for loan brokerage services determined by the court to be
15 unlawful under this Act.
16 (f) The court shall further have jurisdiction and
17 authority, in addition to the penalties and other remedies in
18 this Act provided, to enter an order for the appointment of
19 the court or a person as a receiver, conservator, ancillary
20 receiver or ancillary conservator for the defendant or the
21 defendant's assets located in this State, or to require
22 restitution, damages or disgorgement of profits on behalf of
23 the person or persons injured by the act or practice
24 constituting the subject matter of the action, and may assess
25 costs and attorneys fees against the defendant for the use of
26 the State.
27 (Source: P.A. 89-209, eff. 1-1-96; 90-70, eff. 7-8-97;
28 revised 10-31-98.)
29 Section 294. The Illinois Business Brokers Act of 1995
30 is amended by changing Section 10-10 as follows:
31 (815 ILCS 307/10-10)
32 Sec. 10-10. Registration of business brokers. Every
-1753- LRB9101253EGfg
1 person engaging in the business of business brokering shall
2 be registered with the Office of the Secretary of State
3 pursuant to the provisions of this Act. Persons employed,
4 contracted by, or working on behalf of other persons who are
5 registered under this Act need not register separately;
6 provided that such non-registered employed or contracted
7 persons working for a business broker have been identified in
8 the registration submitted and proper fees, if any, are paid.
9 (a) In order to be registered under this Act, a business
10 broker shall file an application for registration with the
11 Secretary of State. The application for registration shall
12 contain, to the extent reasonably available to the applicant:
13 (1) the disclosure document required under
14 subsection (b) of Section 10-30 of this Act and the form
15 of disclosure statement proposed to be used under
16 subsection (b)(1) of Section 10-30 of this Act;.
17 (2) consent to service of process under subsection
18 (d) of this Section;
19 (3) a fee in the amount as provided for in
20 subsection (a) of Section 10-25 of this Act, and shall
21 not be returnable in any event; and
22 (4) any other information deemed necessary by the
23 Secretary of State as prescribed by rule or regulation.
24 (b) Whenever the provisions of this Act have been
25 complied with, the Secretary of State shall issue a
26 certificate of registration to the applicant, authorizing the
27 applicant to engage in the business of business brokering.
28 (c) An application for registration becomes effective 30
29 days after it is filed, unless an order of the Secretary of
30 State establishes an earlier effective date. Every
31 registration is effective until January 1 of the year after
32 it goes into effect.
33 (d) Every applicant for registration shall file with the
34 Secretary of State, in such form as the Secretary of State
-1754- LRB9101253EGfg
1 may prescribe by rule or regulation, an irrevocable consent
2 appointing the Secretary of State to be the applicant's agent
3 to receive service of any process in any noncriminal suit,
4 action, or proceeding against the applicant arising from the
5 violation of any provision of this Act.
6 (e) The Secretary of State shall maintain a record,
7 which shall be open for public inspection, upon which shall
8 be entered the name and address of each business broker and
9 all orders of the Secretary of State denying, suspending, or
10 revoking registration. The Secretary of State may designate
11 by rule or order any statements, information, or reports
12 submitted to or filed with him or her pursuant to this Act
13 which the Secretary of State determines are of a sensitive
14 nature and therefore should be exempt from public disclosure.
15 Any statement, information, or reports determined by the
16 Secretary of State to be of a sensitive nature shall not be
17 disclosed to the public except upon consent of the person
18 filing or submitting the statement, information, or reports
19 or by order of a court or in court proceedings.
20 (Source: P.A. 89-209, eff. 1-1-96; 90-70, eff. 7-8-97;
21 revised 10-31-98.)
22 Section 295. The Cotton Duck or Canvas Act is amended by
23 changing Section 4 as follows:
24 (815 ILCS 330/4) (from Ch. 147, par. 48)
25 Sec. 4. It shall be unlawful for any person, firm or
26 corporation either individually or in any representative
27 capacity, to carry for sale, sell or endeavor to sell any
28 cotton duck or canvas as herein defined, or any articles
29 other than clothing and wearing apparel composed or made in
30 whole or in part of any cotton duck or canvas without having
31 marked thereon the true and correct weight of said canvas, or
32 cotton duck by ounces per yard, together with a description
-1755- LRB9101253EGfg
1 by name of any filler or other preparations placed in or on
2 said cotton duck or canvas since its manufacture, or to
3 misstate, misrepresent or conceal the true weight of said
4 canvas or cotton duck by ounces per yard, or to misstate[,]
5 misrepresent or conceal the existence of any filler or other
6 preparation placed in or on said cotton duck or canvas since
7 its manufacture.
8 (Source: Laws 1917, p. 342; revised 10-31-98.)
9 Section 296. The Motor Vehicle Retail Installment Sales
10 Act is amended by changing Sections 18 and 21 as follows:
11 (815 ILCS 375/18) (from Ch. 121 1/2, par. 578)
12 Sec. 18. Each person, other than a seller or holder, who
13 signs a retail installment contract may be held liable only
14 to the extent that he actually receives the motor vehicle
15 described or identified in the contract, except that a parent
16 or spouse or any other person listed as an owner of the motor
17 vehicle on the Certificate of Title issued for the motor
18 vehicle who co-signs such retail installment contract may be
19 held liable to the full extent of the deferred payment price
20 notwithstanding such parent or spouse or any other person
21 listed as an owner has not actually received the motor
22 vehicle described or identified in the contract and except to
23 the extent such person other than a seller or holder, signs
24 in the capacity of a guarantor of collection.
25 The obligation of such guarantor is secondary, and not
26 primary. The obligation arises only after the seller or
27 holder has diligently taken all ordinary legal means to
28 collect the debt from the primary obligor, but has not
29 received full payment from such primary obligor or obligors,
30 or after the primary obligor has become insolvent, or service
31 of summons cannot be obtained on the primary obligor, or it
32 is otherwise apparent that it is useless to proceed against
-1756- LRB9101253EGfg
1 the primary obligor.
2 No provisions in a retail installment contract obligating
3 such guarantor are is valid unless:
4 (1) there appears below the signature space
5 provided for such guarantor the following:
6 "I hereby guarantee the collection of the above
7 described amount upon failure of the seller named herein
8 to collect said amount from the buyer named herein."; and
9 (2) unless the guarantor, in addition to signing
10 the retail installment contract, signs a separate
11 instrument in the following form:
12 "EXPLANATION OF GUARANTOR'S OBLIGATION
13 You ........... (name of guarantor) by signing the
14 retail installment contract and this document are
15 agreeing that you will pay $......... (total deferred
16 payment price) for the purchase of ...........
17 (description of goods or services) purchased by
18 ............ (name of buyer) from ........... (name of
19 seller).
20 Your obligation arises only after the seller or
21 holder has attempted through the use of the court system
22 to collect this amount from the buyer.
23 If the seller cannot collect this amount from the
24 buyer, you will be obligated to pay even though you are
25 not entitled to any of the goods or services furnished.
26 The seller is entitled to sue you in court for the
27 payment of the amount due."
28 The instrument must be printed, typed, or otherwise
29 reproduced in a size and style equal to at least 8 point bold
30 type, may contain no other matter (except a union printing
31 label) than above set forth and must bear the signature of
32 the co-signer and no other person. The seller must give the
33 co-signer a copy of the retail installment contract and a
34 copy of the co-signer statement.
-1757- LRB9101253EGfg
1 (Source: P.A. 88-19; 89-650, eff. 1-1-97; revised 10-31-98.)
2 (815 ILCS 375/21) (from Ch. 121 1/2, par. 581)
3 Sec. 21. Notwithstanding the provisions of any other
4 statute,, for motor vehicle retail installment contracts
5 executed after September 25, the effective date of this
6 amendatory Act of 1981, there shall be no limit on the
7 finance charges which may be charged, collected, and
8 received.
9 (Source: P.A. 90-437, eff. 1-1-98; revised 3-2-98.)
10 Section 297. The Illinois Pre-Need Cemetery Sales Act is
11 amended by changing Sections 4 and 19 as follows:
12 (815 ILCS 390/4) (from Ch. 21, par. 204)
13 Sec. 4. As used in this Act, the following terms shall
14 have the meaning specified:
15 A. (a) "Pre-need sales contract" or "Pre-need sales"
16 means any agreement or contract or series or combination of
17 agreements or contracts which have for a purpose the sale of
18 cemetery merchandise, cemetery services or undeveloped
19 interment, entombment or inurnment spaces where the terms of
20 such sale require payment or payments to be made at a
21 currently determinable time and where the merchandise,
22 services or completed spaces are to be provided more than 120
23 days following the initial payment on the account.
24 B. (b) "Delivery" occurs when:
25 (1) physical possession of the merchandise is
26 transferred or the easement for burial rights in a
27 completed space is executed, delivered and transferred to
28 the buyer; or
29 (2) title to the merchandise has been transferred
30 to the buyer and the merchandise has been paid for and is
31 in the possession of the seller who has placed it, until
-1758- LRB9101253EGfg
1 needed, at the site of its ultimate use; or
2 (3) A. the merchandise has been permanently
3 identified with the name of the buyer or the beneficiary
4 and delivered to a licensed and bonded warehouse and both
5 title to the merchandise and a warehouse receipt have
6 been delivered to the purchaser or beneficiary. Nothing
7 herein shall prevent a seller from perfecting a security
8 interest in accordance with the Uniform Commercial Code
9 on any merchandise covered under this Act.
10 B. All warehouse facilities to which sellers
11 deliver merchandise pursuant to this Act shall:
12 (i) be either located in the State of Illinois
13 or qualify as a foreign warehouse facility as
14 defined herein;
15 (ii) submit to the Comptroller not less than
16 annually, by March 1 of each year, a report of all
17 cemetery merchandise stored by each licensee under
18 this Act which is in storage on the date of the
19 report;
20 (iii) permit the Comptroller or his designee
21 at any time to examine stored merchandise and to
22 examine any documents pertaining thereto;
23 (iv) submit evidence satisfactory to the
24 Comptroller that all merchandise stored by said
25 warehouse for licensees under this Act is insured
26 for casualty or other loss normally assumed by a
27 bailee for hire;
28 (v) demonstrate to the Comptroller that the
29 warehouse has procured and is maintaining a
30 performance bond in the form, content and amount
31 sufficient to unconditionally guarantee to the
32 purchaser or beneficiary the prompt shipment of the
33 cemetery merchandise.
34 C. "Cemetery merchandise" means items of personal
-1759- LRB9101253EGfg
1 property normally sold by a cemetery authority not covered
2 under the Illinois Funeral or Burial Funds Act "An Act
3 concerning agreements for furnishing or delivery of personal
4 property, merchandise or services in connection with the
5 final disposition of dead human bodies and regulating use or
6 disposition of funds paid on said agreements and providing
7 penalties for violation thereof", approved July 14, 1955, as
8 amended, including but not limited to:
9 (1) memorials,
10 (2) markers,
11 (3) monuments, and
12 (4) foundations.
13 D. "Undeveloped interment, entombment or inurnment
14 interment spaces" or "undeveloped spaces" means any space to
15 be used for the reception of human remains that is not
16 completely and totally constructed at the time of initial
17 payment therefor therefore in a:
18 (1) lawn crypt,
19 (2) mausoleum,
20 (3) garden crypt,
21 (4) columbarium, or
22 (5) cemetery section.
23 E. "Cemetery services" means those services customarily
24 performed by a cemetery or crematory personnel in connection
25 with the interment, entombment, inurnment or cremation of a
26 dead human body.
27 F. "Cemetery section" means a grouping of spaces
28 intended to be developed simultaneously for the purpose of
29 interring human remains.
30 G. "Columbarium" means an arrangement of niches that may
31 be an entire building, a complete room, a series of special
32 indoor alcoves, a bank along a corridor or part of an outdoor
33 garden setting that is constructed of permanent material such
34 as bronze, marble, brick, stone or concrete for the inurnment
-1760- LRB9101253EGfg
1 of human remains.
2 H. "Lawn crypt" means a permanent underground crypt
3 usually constructed of reinforced concrete or similar
4 material installed in multiple units for the interment of
5 human remains.
6 I. "Mausoleum" or "garden crypt" means a grouping of
7 spaces constructed of reinforced concrete or similar material
8 constructed or assembled above the ground for entombing human
9 remains.
10 J. "Memorials, markers and monuments" means the object
11 usually comprised of a permanent material such as granite or
12 bronze used to identify and memorialize the deceased.
13 K. "Foundations" means those items used to affix or
14 support a memorial or monument to the ground in connection
15 with the installation of a memorial, marker or monument.
16 L. "Person" means an individual, corporation,
17 partnership, joint venture, business trust, voluntary
18 organization or any other form of entity.
19 M. "Seller" means any person selling or offering for
20 sale cemetery merchandise, cemetery services or undeveloped
21 spaces on a pre-need basis.
22 N. "Religious cemetery" means mean a cemetery owned,
23 operated, controlled or managed by any recognized church,
24 religious society, association or denomination or by any
25 cemetery authority or any corporation administering, or
26 through which is administered, the temporalities of any
27 recognized church, religious society, association or
28 denomination.
29 O. "Municipal cemetery" means a cemetery owned,
30 operated, controlled or managed by any city, village,
31 incorporated town, township, county or other municipal
32 corporation, political subdivision, or instrumentality
33 thereof authorized by law to own, operate or manage a
34 cemetery.
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1 P. "Sales price" means the gross amount paid by a
2 purchaser on a pre-need sales contract for cemetery
3 merchandise, cemetery services or undeveloped interment,
4 entombment or inurnment spaces, excluding sales taxes, credit
5 life insurance premiums, finance charges and "Cemetery Care
6 Act" contributions.
7 Q. "Foreign warehouse facility" means a warehouse
8 facility now or hereafter located in any state or territory
9 of the United States, including the District of Columbia,
10 other than the State of Illinois.
11 A foreign warehouse facility shall be deemed to have
12 appointed the Comptroller to be its true and lawful attorney
13 upon whom may be served all legal process in any action or
14 proceeding against it relating to or growing out of this Act,
15 and the acceptance of the delivery of stored merchandise
16 under this Act shall be signification of its agreement that
17 any such process against it which is so served, shall be of
18 the same legal force and validity as though served upon it
19 personally.
20 Service of such process shall be made by delivering to
21 and leaving with the Comptroller, or any agent having charge
22 of the Comptroller's Department of Cemetery and Burial
23 Trusts, a copy of such process and such service shall be
24 sufficient service upon such foreign warehouse facility if
25 notice of such service and a copy of the process are, within
26 10 days thereafter, sent by registered mail by the plaintiff
27 to the foreign warehouse facility at its principal office and
28 the plaintiff's affidavit of compliance herewith is appended
29 to the summons. The Comptroller shall keep a record of all
30 process served upon him under this Section and shall record
31 therein the time of such service.
32 (Source: P.A. 85-1209; revised 10-31-98.)
33 (815 ILCS 390/19) (from Ch. 21, par. 219)
-1762- LRB9101253EGfg
1 Sec. 19. (a) The construction or development of
2 undeveloped interment, entombment or inurnment spaces shall
3 be commenced on that phase, section or sections of
4 undeveloped ground or section of lawn crypts, mausoleums,
5 garden crypts, columbariums or cemetery spaces in which sales
6 are made within 3 years of the date of the first such sale.
7 The seller shall give written notice to the Comptroller no
8 later than 30 days after the first sale. Such notice shall
9 include a description of the project. Once commenced,
10 construction or development shall be pursued diligently to
11 completion. The construction must be completed within 6
12 years of the first sale. If construction or development is
13 not commenced or completed within the times specified herein,
14 any purchaser may surrender and cancel the contract and upon
15 cancellation shall be entitled to a refund of the actual
16 amounts paid toward the purchase price plus interest
17 attributable to such amount earned while in trust; provided
18 however that any delay caused by strike, shortage of
19 materials, civil disorder, natural disaster or any like
20 occurrence beyond the control of the seller shall extend the
21 time of such commencement and completion by the length of
22 such delay.
23 (b) At any time within 12 months of a purchaser's
24 entering into a pre-need contract for undeveloped interment,
25 entombment or inurnment spaces, a purchaser may surrender and
26 cancel his contract and upon cancellation shall be entitled
27 to a refund of the actual amounts paid toward the purchase
28 price plus interest attributable to such amount earned while
29 in trust. Notwithstanding the foregoing, the cancellation
30 and refund rights specified in this paragraph shall terminate
31 as of the date the seller commences construction or
32 development of the phase, section or sections of undeveloped
33 spaces in which sales are made. After the rights of
34 cancellation and refund specified herein have terminated, if
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1 a purchaser defaults in making payments under the pre-need
2 contract, the seller shall have the right to cancel the
3 contract and withdraw from the trust fund the entire balance
4 to the credit of the defaulting purchaser's account as
5 liquidated damages. In such event, the trustee shall deliver
6 said balance to the seller upon its certification, and upon
7 receiving said certification the trustee may rely thereon and
8 shall not be liable to anyone for such reliance.
9 (c) During the construction or development of interment,
10 entombment or inurnment spaces, upon the sworn certification
11 by the seller and the contractor to the trustee, the trustee
12 shall disburse from the trust fund the amount equivalent to
13 the cost of performed labor or delivered materials as
14 certified. Said certification shall be substantially in the
15 following form:
16 We, the undersigned, being respectively the Seller and
17 Contractor, do hereby certify that the Contractor has
18 performed labor or delivered materials or both to: (address
19 of property) .........., in connection with a contract to
20 .........., and that as of this date the value of the labor
21 performed and materials delivered is $.......
22 We do further certify that in connection with such
23 contract there remains labor to be performed, and materials
24 to be delivered, of the value of $........
25 This Certificate is signed (insert date). this ... day of
26 ......, 19 ...
27 ............ ............
28 Seller Contractor
29 A person who executes and delivers a completion
30 certificate with actual knowledge of a falsity contained
31 therein shall be considered in violation of this Act and
32 subject to the penalties contained herein.
33 (d) Except as otherwise authorized by this Section,
34 every seller of undeveloped spaces shall provide facilities
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1 for temporary interment, entombment or inurnment for
2 purchasers or beneficiaries of contracts who die prior to
3 completion of the space. Such temporary facilities shall be
4 constructed of permanent materials, and, insofar as
5 practical, be landscaped and groomed to the extent customary
6 in the cemetery industry in that community. The heirs,
7 assigns or personal representative of a purchaser or
8 beneficiary shall not be required to accept temporary
9 underground interment spaces where the undeveloped space
10 contracted for was an above ground entombment or inurnment
11 space. In the event that temporary facilities as described
12 in this paragraph are not made available, upon the death of a
13 purchaser or beneficiary, the heirs, assigns, or personal
14 representative is entitled to a refund of the entire sales
15 price paid plus undistributed interest attributable to such
16 amount while in trust.
17 (e) If the seller delivers a completed space acceptable
18 to the heirs, assigns or personal representative of a
19 purchaser or beneficiary, other than the temporary facilities
20 specified herein, in lieu of the undeveloped space purchased,
21 the seller shall provide the trustee with a delivery
22 certificate and all sums deposited under the pre-need sales
23 contract, including the undistributed income, shall be paid
24 to the seller.
25 (f) Upon completion of the phase, section or sections of
26 the project as certified to the trustee by the seller and the
27 contractor, the trust fund requirements set forth herein
28 shall terminate and all funds held in the preconstruction
29 trust fund attributable to the completed phase, section or
30 sections, including interest accrued thereon, shall be
31 returned to the seller.
32 (g) This Section shall not apply to the sale of
33 undeveloped spaces if there has been any such sale in the
34 same phase, section or sections of the project prior to the
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1 effective date of this Act.
2 (Source: P.A. 84-239; revised 10-20-98.)
3 Section 298. The Platinum Sales Act is amended by
4 changing Section 4 as follows:
5 (815 ILCS 395/4) (from Ch. 121 1/2, par. 141)
6 Sec. 4. (a) All quality marks applied to any article
7 shall be equal in size and equally visible, legible, clear,
8 and distinct and no quality mark which is false, deceptive or
9 misleading shall be applied to any article or to any
10 descriptive device therefor. No more than one quality mark
11 shall be applied to any article and such quality mark shall
12 be applied to such article in only one place thereon except
13 as elsewhere in this Act specifically permitted.
14 (b) Wherever in this Act provision is made for marking
15 the number of parts or percentage of metals such number or
16 percentage shall refer to weight and not to volume,
17 thickness, or any other basis.
18 (Source: Laws 1927, p. 783; revised 10-31-98.)
19 Section 299. The Retail Installment Sales Act is amended
20 by changing Section 21 as follows:
21 (815 ILCS 405/21) (from Ch. 121 1/2, par. 521)
22 Sec. 21. (a) If, in a retail installment transaction, a
23 buyer makes any subsequent purchase of goods or services from
24 a seller from whom he has previously purchased goods or
25 services under one or more retail installment contracts, and
26 the amounts under the previous contract or contracts have not
27 been fully paid, the subsequent purchases may, at the
28 seller's option, be included in and consolidated with one or
29 more of the previous contracts. Each subsequent purchase must
30 be evidenced by a separate retail installment contract under
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1 this Act, notwithstanding that the purchase may be included
2 in and consolidated with one or more of those in the previous
3 contracts. All of the provisions of this Act with respect to
4 retail installment contracts apply to these subsequent
5 purchases except as otherwise provided in this Section. If
6 installment purchases are consolidated, the seller may,
7 instead of having the buyer execute a retail installment
8 contract for each subsequent purchase as provided in this
9 Act, prepare a written memorandum of each subsequent
10 purchase, in which case Sections 3 and 14 and paragraph (a)
11 of Section 5 do not apply. Unless previously furnished in
12 writing to the buyer by the seller, by sales slip, memoranda
13 or otherwise, the memorandum must set forth with respect to
14 each subsequent purchase the following:
15 (1) all items of disclosure required by Section 5
16 of this Act for a retail installment contract; and
17 (2) the outstanding balance of the previous
18 contract or contracts;
19 (3) the consolidated balance;
20 (4) the deferred payment price of the subsequent
21 purchase; and
22 (5) the revised Total of Payments applicable to the
23 previous contract or contracts and the subsequent
24 purchase.
25 The seller must deliver to the buyer a copy of this
26 memorandum before the due date of the first installment under
27 the consolidated contract.
28 (Source: P.A. 90-437, eff. 1-1-98; revised 10-31-98.)
29 Section 300. The Travel Promotion Consumer Protection
30 Act is amended by changing Sections 1 and 2 as follows:
31 (815 ILCS 420/1) (from Ch. 121 1/2, par. 1851)
32 Sec. 1. Short title. This Act shall be known and may be
-1767- LRB9101253EGfg
1 cited as the Travel Promotion Consumer Protection Act".
2 (Source: P.A. 85-995; revised 10-31-98.)
3 (815 ILCS 420/2) (from Ch. 121 1/2, par. 1852)
4 Sec. 2. Definitions.
5 (a) "Travel promoter" means a person, including a tour
6 operator, who sells, provides, furnishes, contracts for,
7 arranges or advertises that he or she will arrange wholesale
8 or retail transportation by air, land, sea or navigable
9 stream, either separately or in conjunction with other
10 services. "Travel promoter" does not include (1) an air
11 carrier; (2) a sea carrier; (3) an officially appointed agent
12 of an air carrier who is a member in good standing of the
13 Airline Reporting Corporation; or (4) a travel promoter who
14 has in force $1,000,000 or more of liability insurance
15 coverage for professional errors and omissions and a surety
16 bond or equivalent surety in the amount of $100,000 or more
17 for the benefit of consumers in the event of a bankruptcy on
18 the part of the travel promoter; or (5) a riverboat subject
19 to regulation under the Riverboat Gambling Act.
20 (b) "Advertise" means to make any representation in the
21 solicitation of passengers and includes communication with
22 other members of the same partnership, corporation, joint
23 venture, association, organization, group or other entity.
24 (c) "Passenger" means a person on whose behalf money or
25 other consideration has been given or is to be given to
26 another, including another member of the same partnership,
27 corporation, joint venture, association, organization, group
28 or other entity, for travel.
29 (d) "Ticket or voucher" means a writing or combination
30 of writings which is itself good and sufficient to obtain
31 transportation and other services for which the passenger has
32 contracted.
33 (Source: P.A. 88-260; revised 10-31-98.)
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1 Section 302. The Business Opportunity Sales Law of 1995
2 is amended by changing Sections 5-5.10 and 5-45 as follows:
3 (815 ILCS 602/5-5.10)
4 Sec. 5-5.10. Business opportunity.
5 (a) "Business opportunity" means a contract or
6 agreement, between a seller and purchaser, express or
7 implied, orally or in writing, wherein it is agreed that the
8 seller or a person recommended by the seller shall provide to
9 the purchaser any product, equipment, supplies or services
10 enabling the purchaser to start a business when the purchaser
11 is required to make a payment to the seller or a person
12 recommended by the seller of more than $500 and the seller
13 represents directly or indirectly, orally or in writing,
14 that:
15 (1) the seller or a person recommended by the
16 seller will provide or assist the purchaser in finding
17 locations for the use or operation of vending machines,
18 racks, display cases or other similar devices, on
19 premises neither owned nor leased by the purchaser or
20 seller;
21 (2) the seller or a person recommended by the
22 seller will provide or assist the purchaser in finding
23 outlets or accounts for the purchaser's products or
24 services;
25 (3) the seller or a person specified by the seller
26 will purchase any or all products made, produced,
27 fabricated, grown, bred or modified by the purchaser;
28 (4) the seller guarantees that the purchaser will
29 derive income from the business which exceeds the price
30 paid to the seller;
31 (5) the seller will refund all or part of the price
32 paid to the seller, or repurchase any of the products,
33 equipment or supplies provided by the seller or a person
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1 recommended by the seller, if the purchaser is
2 dissatisfied with the business; or
3 (6) the seller will provide a marketing plan,
4 provided that this Law shall not apply to the sale of a
5 marketing plan made in conjunction with the licensing of
6 a federally registered trademark or federally registered
7 service mark.
8 (b) "Business opportunity" does not include:
9 (1) any offer or sale of an ongoing business
10 operated by the seller and to be sold in its entirety;
11 (2) any offer or sale of a business opportunity to
12 an ongoing business where the seller will provide
13 products, equipment, supplies or services which are
14 substantially similar to the products, equipment,
15 supplies or services sold by the purchaser in connection
16 with the purchaser's ongoing business;
17 (3) any offer or sale of a business opportunity
18 which is a franchise as defined by the Franchise
19 Disclosure Act of 1987;
20 (4) any offer or sale of a business opportunity
21 which is registered pursuant to the Illinois Securities
22 Law of 1953;
23 (5) any offer or sale of a business opportunity
24 which involves a marketing plan made in conjunction with
25 the licensing of a federally registered trademark or
26 federally registered service mark provided that the
27 seller had a minimum net worth of $1,000,000 as
28 determined on the basis of the seller's most recent
29 audited financial statement prepared within 13 months of
30 the first offer in this State. Net worth may be
31 determined on a consolidated basis where the seller is at
32 least 80% owned by one person and that person expressly
33 guarantees the obligations of the seller with regard to
34 the offer or sale of any business opportunity claimed to
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1 be excluded under this item; or
2 (6) any offer or sale of a business opportunity by
3 an executor, administrator, sheriff, marshal, receiver,
4 trustee in bankruptcy, guardian or conservator or a
5 judicial offer or sale, of a business opportunity; or.
6 (7) cash payments made by a purchaser not exceeding
7 $500 and the payment is made for the not-for-profit sale
8 of sales demonstration equipment, material or samples, or
9 the payment is made for product inventory sold to the
10 purchaser at a bona fide wholesale price.
11 (Source: P.A. 89-209, eff. 1-1-96; 90-70, eff. 7-8-97;
12 revised 10-31-98.)
13 (815 ILCS 602/5-45)
14 Sec. 5-45. Denial, suspension, or revocation of
15 registration.
16 (a) The Secretary of State may issue an order denying
17 effectiveness to, or suspending or revoking the effectiveness
18 of, a registration if the Secretary of State finds that the
19 order is in the public interest and that any of the following
20 exist:
21 (1) The registration as of its effective date or as
22 of any earlier date in the case of an order denying
23 effectiveness, or any amendment as of its effective date,
24 or any report is incomplete in any material respect or
25 contains any statement which was, in the light of the
26 circumstances under which it was made, false or
27 misleading with respect to any material fact.
28 (2) Any provision of this Law or any rule,
29 regulation, order, or condition lawfully imposed under
30 this Law has been willfully violated, in connection with
31 the business opportunity:
32 (A) by the person filing the registration; or
33 (B) by the seller, any partner, officer, or
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1 director of the seller, any person occupying a
2 similar status or performing similar functions, or
3 any person directly or indirectly controlling or
4 controlled by the seller, but only if the person
5 filing the registration is directly or indirectly
6 controlled by or acting for the seller.
7 (3) The business opportunity registered or sought
8 to be registered is the subject of an administrative
9 order denying, suspending or revoking a registration or a
10 permanent or temporary injunction or final order of any
11 court of competent jurisdiction; but the Secretary of
12 State:
13 (A) may not institute a proceeding against an
14 effective registration under this paragraph more
15 than one year from the date of the order or
16 injunction relied on; and
17 (B) may not enter an order under this
18 paragraph on the basis of an order or injunction
19 entered under any other State Act unless that order
20 or injunction was based on facts which would
21 currently constitute a ground for an order under
22 this Section.
23 (4) The seller's enterprise or method of business,
24 or that of the business opportunity, includes or would
25 include activities which are illegal where performed.
26 (5) The business opportunity or the offering of a
27 business opportunity has worked or tended to work a fraud
28 upon purchasers or would so operate.
29 (6) There has been a failure to file any documents
30 or information required by Section 5-30 of this Law.;
31 (7) The seller has failed to pay the proper filing
32 fee but the Secretary of State may enter only a denial
33 order under this paragraph and the Secretary of State
34 shall vacate any such order when the deficiency has been
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1 corrected.
2 (8) The seller's literature or advertising is
3 misleading, incorrect, incomplete or deceptive.
4 (b) The Secretary of State may not institute a
5 proceeding under this Section against an effective
6 registration on the basis of a fact or transaction known to
7 the Secretary of State when the registration became effective
8 unless the proceeding is instituted within the next 30 days.
9 (c) The Secretary of State may by summary order postpone
10 or suspend the effectiveness of the registration pending
11 final determination of any proceeding under this Section.
12 Upon the entry of the order, the Secretary of State shall
13 promptly notify the seller that the order has been entered
14 and of the reasons therefor and that within 15 days after the
15 receipt of a written request the matter will be set down for
16 hearing. The written request must be made within 30 days of
17 the entry of the order. If no hearing is requested and none
18 is ordered by the Secretary of State, the order will remain
19 in effect until it is modified or vacated by the Secretary of
20 State. If a hearing is requested or ordered, the Secretary of
21 State, after notice of an opportunity for hearing to the
22 seller, may modify or vacate the order or extend it until
23 final determination.
24 (d) No summary order may be entered under any part of
25 this Section, except the first sentence of subsection (c) of
26 this Section, without appropriate prior notice to the seller,
27 opportunity for hearing, and written findings of fact and
28 conclusions of law.
29 (e) The Secretary of State may vacate or modify an order
30 issued under this Section if the Secretary of State finds
31 that the conditions which prompted its entry have changed or
32 that it is otherwise in the public interest to do so.
33 (Source: P.A. 89-209, eff. 1-1-96; 90-70, eff. 7-8-97;
34 revised 10-31-98.)
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1 Section 303. The Credit Services Organization Act is
2 amended by changing Section 6 as follows:
3 (815 ILCS 605/6) (from Ch. 121 1/2, par. 2106)
4 Sec. 6. Before the execution of a contract or other form
5 of agreement between a buyer and a credit services
6 organization or before the receipt by any such organization
7 of money or other valuable consideration, whichever occurs
8 first, such organization shall provide the buyer with a
9 statement, in writing, containing the following:
10 (1) a complete and accurate statement of the
11 buyer's right to review any file on the buyer maintained
12 by a consumer reporting agency, as provided under the
13 Fair Credit Reporting Act (15 U.S.C. Section 1681 et
14 seq.);
15 (2) a statement that the buyer may review his
16 consumer reporting agency file at no charge if a request
17 therefor therefore is made to such agency within 30
18 thirty days after receipt by the buyer of notice that
19 credit has been denied and if such request is not made
20 within the allotted time, the approximate charge to the
21 buyer for such review;
22 (3) a complete and accurate statement of the
23 buyer's right to dispute the completeness or accuracy of
24 any item contained in any file on the buyer maintained by
25 a consumer reporting agency;
26 (4) a complete and detailed description of the
27 services to be performed by the credit services
28 organization and the total cost to the buyer for such
29 services;
30 (5) a statement notifying the buyer that: (i)
31 credit reporting agencies have no obligation to remove
32 information from credit reports unless the information is
33 erroneous, cannot be verified or is more than 7 years
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1 old; and (ii) credit reporting agencies have no
2 obligation to remove information concerning bankruptcies
3 unless such information is more than 10 years old;
4 (6) a statement asserting the buyer's right to
5 proceed against the surety bond required under Section
6 10; and
7 (7) the name and business address of any such
8 surety company together with the name and the number of
9 the account.
10 The credit services organization shall maintain on file,
11 for a period of 2 two years after the date the statement is
12 provided, an exact copy of the statement, signed by the
13 buyer, acknowledging receipt of the statement.
14 (Source: P.A. 85-1384; revised 10-31-98.)
15 Section 304. The Personnel Record Review Act is amended
16 by changing Section 9 as follows:
17 (820 ILCS 40/9) (from Ch. 48, par. 2009)
18 Sec. 9. (1) An employer shall not gather or keep a
19 record of an employee's associations, political activities,
20 publications, communications or nonemployment activities,
21 unless the employee submits the information in writing or
22 authorizes the employer in writing to keep or gather the
23 information. This prohibition shall not apply to the
24 activities that occur on the employer's premises or during
25 the employee's working hours with that employer which
26 interfere with the performance of the employee's duties or
27 the duties of other employees or activities, regardless of
28 when and where occurring, which constitute criminal conduct
29 or may reasonably be expected to harm the employer's
30 property, operations or business, or could by the employee's
31 action cause the employer financial liability. A record
32 which is kept by the employer as permitted under this Section
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1 shall be part of the personnel record.
2 (Source: P.A. 83-1104; revised 10-31-98.)
3 Section 305. The Minimum Wage Law is amended by changing
4 Section 3 as follows:
5 (820 ILCS 105/3) (from Ch. 48, par. 1003)
6 Sec. 3. As used in this Act:
7 (a) "Director" means the Director of the Department of
8 Labor, and "Department" means the Department of Labor.
9 (b) "Wages" means compensation due to an employee by
10 reason of his employment, including allowances determined by
11 the Director in accordance with the provisions of this Act
12 for gratuities and, when furnished by the employer, for meals
13 and lodging actually used by the employee.
14 (c) "Employer" includes any individual, partnership,
15 association, corporation, business trust, governmental or
16 quasi-governmental body, or any person or group of persons
17 acting directly or indirectly in the interest of an employer
18 in relation to an employee, for which one or more persons are
19 gainfully employed on some day within a calendar year. An
20 employer is subject to this Act in a calendar year on and
21 after the first day in such calendar year in which he employs
22 one or more persons, and for the following calendar year.
23 (d) "Employee" includes any individual permitted to work
24 by an employer in an occupation, but does not include any
25 individual permitted to work:
26 (1) For an employer employing fewer than 4
27 employees exclusive of the employer's parent, spouse or
28 child or other members of his immediate family.
29 (2) As an employee employed in agriculture or
30 aquaculture (A) if such employee is employed by an
31 employer who did not, during any calendar quarter during
32 the preceding calendar year, use more than 500 man-days
-1776- LRB9101253EGfg
1 of agricultural or aquacultural labor, (B) if such
2 employee is the parent, spouse or child, or other member
3 of the employer's immediate family, (C) if such employee
4 (i) is employed as a hand harvest laborer and is paid on
5 a piece rate basis in an operation which has been, and is
6 customarily and generally recognized as having been, paid
7 on a piece rate basis in the region of employment, (ii)
8 commutes daily from his permanent residence to the farm
9 on which he is so employed, and (iii) has been employed
10 in agriculture less than 13 weeks during the preceding
11 calendar year, (D) if such employee (other than an
12 employee described in clause (C) of this subparagraph):
13 (i) is 16 years of age or under and is employed as a hand
14 harvest laborer, is paid on a piece rate basis in an
15 operation which has been, and is customarily and
16 generally recognized as having been, paid on a piece rate
17 basis in the region of employment, (ii) is employed on
18 the same farm as his parent or person standing in the
19 place of his parent, and (iii) is paid at the same piece
20 rate as employees over 16 are paid on the same farm.
21 (3) In domestic service in or about a private home.
22 (4) As an outside salesman.
23 (5) As a member of a religious corporation or
24 organization.
25 (6) At an accredited Illinois college or university
26 employed by the college or university at which he is a
27 student who is covered under the provisions of the Fair
28 Labor Standards Act of 1938, as heretofore or hereafter
29 amended".
30 (7) For a motor carrier and with respect to whom
31 the U.S. Secretary of Transportation has the power to
32 establish qualifications and maximum hours of service
33 under the provisions of Title 49 U.S.C. or the State of
34 Illinois under Section 18b-105 (Title 92 of the Illinois
-1777- LRB9101253EGfg
1 Administrative Code, Part 395 - Hours of Service of
2 Drivers) of the Illinois Vehicle Code.
3 The above exclusions from the term "employee" may be
4 further defined by regulations of the Director.
5 (e) "Occupation" means an industry, trade, business or
6 class of work in which employees are gainfully employed.
7 (f) "Gratuities" means voluntary monetary contributions
8 to an employee from a guest, patron or customer in connection
9 with services rendered.
10 (g) "Outside salesman" means an employee regularly
11 engaged in making sales or obtaining orders or contracts for
12 services where a major portion of such duties are performed
13 away from his employer's place of business.
14 (Source: P.A. 88-594, eff. 8-26-94; revised 10-31-98.)
15 Section 306. The Wages of Women and Minors Act is
16 amended by changing Sections 1 and 5.1 as follows:
17 (820 ILCS 125/1) (from Ch. 48, par. 198.1)
18 Sec. 1. As used in this Act:
19 "Department" means the Department of Labor.
20 "Director" means the Director of the Department of Labor.
21 "Wage Board" means a board created as provided in Section
22 5 of this Act.
23 "Woman" means a female of 18 years or over.
24 "Minor" means a person under the age of 18 years.
25 "Occupation" means an industry, trade or business or
26 branch thereof or class of work therein in which women or
27 minors are gainfully employed, but does not include domestic
28 service in the home of the employer or labor on a farm.
29 "An oppressive and unreasonable wage" means a wage which
30 is both less than the fair and reasonable value of the
31 services rendered and less than sufficient to meet the
32 minimum cost of living necessary for health.
-1778- LRB9101253EGfg
1 "A fair wage" means a wage fairly and reasonably
2 commensurate with the value of the services or class of
3 service rendered. In establishing a minimum fair wage for any
4 service or class of service under this Act the Department and
5 the wage board without being bound by any technical rules of
6 evidence or procedure (1) may take into account all relevant
7 circumstances affecting the value of the service or class of
8 service rendered, and (2) may be guided by like
9 considerations as would guide a court in a suit for the
10 reasonable value of services rendered where services are
11 rendered at the request of an employer without contract as to
12 the amount of the wage to be paid, and (3) may consider the
13 wages paid in the State for work of like or comparable
14 character by employers who voluntarily maintain minimum fair
15 wage standards.
16 "A directory order" means an order the nonobservance of
17 which may be published as provided in Section 9 of this Act.
18 "A mandatory order" means an order the violation of which
19 is subject to the penalties prescribed in paragraph 2 of
20 Section 15 of this Act.
21 (Source: P.A. 77-2802; revised 10-31-98.)
22 (820 ILCS 125/5.1) (from Ch. 48, par. 198.5)
23 Sec. 5.1. Wage board.
24 1. A wage board shall be composed of not more than 2
25 representatives of the employers in any occupation or
26 occupations, an equal number of representatives of the
27 employees in such occupation or occupations and of one
28 disinterested person representing the public, who shall be
29 designated as chairman. The director shall appoint the
30 members of such wage board, the representatives of the
31 employers and employees to be selected so far as practicable
32 from nominations submitted by employers and employees in such
33 occupation or occupations. A majority of the members of such
-1779- LRB9101253EGfg
1 wage board shall constitute a quorum and the recommendations
2 or report of such wage board shall require a vote of not less
3 than a majority of all its members. Members of a wage board
4 shall serve without pay, but may be reimbursed for necessary
5 traveling expenses. The Department shall make and establish
6 from time to time rules and regulations governing the
7 selection of a wage board and its mode of procedure not
8 inconsistent with this Act.
9 2. A wage board shall have power to administer oaths and
10 to require by subpoena the attendance and testimony of
11 witnesses, the production of all books, records, and other
12 evidence relative to any matters under investigation. Such
13 subpoenas shall be signed and issued by a member of the wage
14 board and may be served by any person of full age. Any
15 circuit court upon application of any member of a wage board
16 may, in its discretion, compel the attendance of witnesses
17 and giving of testimony and the production of books, records
18 and other evidence by attachment for contempt or otherwise in
19 the same manner as production of evidence may be compelled
20 before the court. A wage board shall have power to cause
21 depositions of witnesses residing within or without the State
22 to be taken in the manner prescribed for like depositions in
23 civil actions in the circuit court.
24 3. The Department shall present to a wage board promptly
25 upon its organization all the evidence and information in its
26 possession relating to the wages of women and minor workers
27 in the occupation or occupations for which the wage board was
28 appointed and all other information which the Department
29 deems relevant to the establishment of a minimum fair wage
30 for such women and minors, and shall cause to be brought
31 before the committee any witnesses deemed material. A wage
32 board may summon other witnesses or call upon the Department
33 to furnish additional information to aid it in its
34 deliberation.
-1780- LRB9101253EGfg
1 4. Within 60 days of its organization a wage board shall
2 submit a report including its recommendations as to minimum
3 fair wage standards for the women or minors in the occupation
4 or occupations the wage standards of which the wage board was
5 appointed to investigate. If its report is not submitted
6 within such time the Department may constitute a new wage
7 board.
8 5. A wage board may differentiate and classify
9 employments in any occupation according to the nature of the
10 service rendered and recommend appropriate minimum fair rates
11 for different employments. A wage board may also recommend
12 minimum fair wage rates varying with localities if in the
13 judgment of the wage board conditions make such local
14 differentiation proper and do not effect an unreasonable
15 discrimination against any locality.
16 6. A wage board may recommend a suitable scale of rates
17 for learners and apprentices in any occupation or
18 occupations, which scale of learners' and apprentices' rates
19 may be less than the regular minimum fair wage rates
20 recommended for experienced women or minor workers in such
21 occupation or occupations.
22 (Source: P.A. 83-334; revised 10-31-98.)
23 Section 307. The Personal Service Wage Refund Act is
24 amended by changing Section 3 as follows:
25 (820 ILCS 165/3) (from Ch. 48, par. 216c)
26 Sec. 3. The provisions of this Act shall not apply as to
27 any deduction made by employers under any title of the
28 "Social Security Act", or the Illinois "Unemployment
29 Insurance Compensation Act", or as to any contributions made
30 by employees for hospitalization, sick benefit plans,
31 insurance, savings plans, credit unions, employees' social
32 and recreational clubs, or union dues, pursuant to any
-1781- LRB9101253EGfg
1 agreement, or to any pension fund.
2 (Source: Laws 1941, vol. 1, p. 658; revised 10-31-98.)
3 Section 308. The Child Labor Law is amended by changing
4 Section 1 as follows:
5 (820 ILCS 205/1) (from Ch. 48, par. 31.1)
6 Sec. 1. No minor under 16 years of age, except minors 14
7 or 15 years of age who are participating in federally funded
8 work experience career education programs under the direction
9 of the State Board of Education, at any time shall be
10 employed, permitted or allowed to work in any gainful
11 occupation in connection with any theater, concert hall or
12 place of amusement, or any mercantile institution, store,
13 office, hotel, laundry, manufacturing establishment, mill,
14 cannery, factory or workshop, restaurant, lunchroom lunch
15 rooms, beauty parlor parlors, barber shop, bakery bakeries,
16 or coal, brick or lumber yard, or in any type of construction
17 work within this State; however, minors between 14 and 16
18 years of age may be employed, permitted, or allowed to work
19 outside school hours and during school vacations but not in
20 dangerous or hazardous factory work or in any occupation
21 otherwise prohibited by law or by order or regulation made in
22 pursuance of law. No minor under 12 years of age, except
23 members of the farmer's farmers own family who live with the
24 farmer at his principal place of residence, at any time shall
25 be employed, permitted or allowed to work in any gainful
26 occupation in connection with agriculture, except that any
27 minor of 10 years of age or more may be permitted to work in
28 a gainful occupation in connection with agriculture during
29 the school vacations or outside of school hours.
30 (Source: P.A. 84-551; revised 10-31-98.)
31 Section 309. The Toxic Substances Disclosure to
-1782- LRB9101253EGfg
1 Employees Act is amended by changing Section 11 as follows:
2 (820 ILCS 255/11) (from Ch. 48, par. 1411)
3 Sec. 11. (a) Any person, including any supplier, importer
4 or manufacturer, who sells any toxic substance within the
5 State of Illinois must provide the buyer, within 30 days of
6 the date of receipt, with a material safety data sheet for
7 the toxic substance and must label the container with the
8 chemical name and appropriate hazard warning. The person
9 selling the toxic substance need not provide more than one
10 material safety data sheet for a single toxic substance to a
11 single buyer, unless such buyer requests a second or
12 subsequent material safety data sheet for the toxic
13 substance, in which case the seller shall provide a copy of
14 the material safety data sheet to the buyer within 30 days of
15 receipt of such request.
16 (b) This Section shall become effective with respect to
17 any toxic substance upon filing, unless a later effective
18 date is specified in the rule, pursuant to Section 4(e).
19 (Source: P.A. 83-240; revised 10-31-98.)
20 Section 310. The Unemployment Insurance Act is amended
21 by changing Section 2105 as follows:
22 (820 ILCS 405/2105) (from Ch. 48, par. 665)
23 Sec. 2105. Local Employment Assistance Fund. There is
24 created a fund to be known as the Local Employment Assistance
25 Fund, to be held by the Director.
26 The Local Employment Assistance Fund shall be used to the
27 extent determined necessary by the Director to pay:
28 (1) benefits to persons unemployed as a result of
29 natural disaster or foreign trade displacement; and
30 (2) transportation or other immediate immediately
31 expense incurred by job training program participants.
-1783- LRB9101253EGfg
1 Local Accounts for such purposes may be established by
2 the Director.
3 Expenditures from the Local Employment Assistance Fund
4 shall be made in accordance with applicable program
5 provisions and shall be limited to those purposes and amounts
6 specified under applicable program guidelines.
7 No expenditure from the Local Employment Assistance Fund
8 shall be made for purposes which are properly chargeable to
9 appropriations for the following objects: personal services;
10 extra help; State contributions to retirement system;, State
11 contributions to Social Security; State contributions for
12 employee group insurance; contractual services; travel;
13 commodities; printing; equipment; electronic data processing;
14 operation of auto equipment; telecommunications services;
15 library books; and refunds.
16 Deposits into the Local Employment Assistance Fund shall
17 consist only of amounts received from public or private
18 sources for the purposes of this Section.
19 Disbursements from the Local Employment Assistance Fund
20 shall be made upon the order of the Director. The Director
21 may invest amounts in the Local Employment Assistance Fund,
22 not immediately required for expenditure, in certificates of
23 deposit or other interest bearing accounts. Any interest
24 earned shall be deposited at least quarterly in the General
25 Revenue Fund.
26 (Source: P.A. 83-1309; revised 10-31-98.)
27 (P.A. 90-590, Sec. 2001-55 rep.)
28 Section 311. Section 2001-55 of the Juvenile Justice
29 Reform Provisions of 1998 (Public Act 90-590), which is being
30 moved into the Juvenile Court Act of 1987 (as 705 ILCS
31 405/1-18), is repealed.
32 Section 996. No acceleration or delay. Where this Act
-1784- LRB9101253EGfg
1 makes changes in a statute that is represented in this Act by
2 text that is not yet or no longer in effect (for example, a
3 Section represented by multiple versions), the use of that
4 text does not accelerate or delay the taking effect of (i)
5 the changes made by this Act or (ii) provisions derived from
6 any other Public Act.
7 Section 997. No revival or extension. This Act does not
8 revive or extend any Section or Act otherwise repealed.
9 Section 999. Effective date. This Act takes effect upon
10 becoming law.
-1785- LRB9101253EGfg
1 INDEX
2 Statutes amended in order of appearance
3 5 ILCS 80/4.18
4 5 ILCS 80/4.19 rep.
5 5 ILCS 100/5-45 from Ch. 127, par. 1005-45
6 5 ILCS 100/5-80 from Ch. 127, par. 1005-80
7 5 ILCS 140/7 from Ch. 116, par. 207
8 5 ILCS 312/2-104 from Ch. 102, par. 202-104
9 5 ILCS 312/3-106 from Ch. 102, par. 203-106
10 5 ILCS 340/3 from Ch. 15, par. 503
11 5 ILCS 340/7 from Ch. 15, par. 507
12 5 ILCS 375/10 from Ch. 127, par. 530
13 10 ILCS 5/2A-27 from Ch. 46, par. 2A-27
14 10 ILCS 5/4-6.1 from Ch. 46, par. 4-6.1
15 10 ILCS 5/4-8 from Ch. 46, par. 4-8
16 10 ILCS 5/4-9 from Ch. 46, par. 4-9
17 10 ILCS 5/4-10 from Ch. 46, par. 4-10
18 10 ILCS 5/4-12 from Ch. 46, par. 4-12
19 10 ILCS 5/4-23 from Ch. 46, par. 4-23
20 10 ILCS 5/5-7 from Ch. 46, par. 5-7
21 10 ILCS 5/5-9 from Ch. 46, par. 5-9
22 10 ILCS 5/5-15 from Ch. 46, par. 5-15
23 10 ILCS 5/5-29.01 from Ch. 46, par. 5-29.01
24 10 ILCS 5/6-29 from Ch. 46, par. 6-29
25 10 ILCS 5/6-35 from Ch. 46, par. 6-35
26 10 ILCS 5/6-44 from Ch. 46, par. 6-44
27 10 ILCS 5/6-67.01 from Ch. 46, par. 6-67.01
28 10 ILCS 5/7-10 from Ch. 46, par. 7-10
29 10 ILCS 5/7-10.1 from Ch. 46, par. 7-10.1
30 10 ILCS 5/7-24 from Ch. 46, par. 7-24
31 10 ILCS 5/7-34 from Ch. 46, par. 7-34
32 10 ILCS 5/7-53 from Ch. 46, par. 7-53
33 10 ILCS 5/8-8 from Ch. 46, par. 8-8
34 10 ILCS 5/9-1.7 from Ch. 46, par. 9-1.7
-1786- LRB9101253EGfg
1 10 ILCS 5/10-6.2 from Ch. 46, par. 10-6.2
2 10 ILCS 5/12-1 from Ch. 46, par. 12-1
3 10 ILCS 5/14-4 from Ch. 46, par. 14-4
4 10 ILCS 5/17-9 from Ch. 46, par. 17-9
5 10 ILCS 5/17-10 from Ch. 46, par. 17-10
6 10 ILCS 5/17-17 from Ch. 46, par. 17-17
7 10 ILCS 5/17-23 from Ch. 46, par. 17-23
8 10 ILCS 5/19-8 from Ch. 46, par. 19-8
9 10 ILCS 5/24-1.1 from Ch. 46, par. 24-1.1
10 10 ILCS 5/24A-3 from Ch. 46, par. 24A-3
11 10 ILCS 5/24B-3
12 15 ILCS 305/5 from Ch. 124, par. 5
13 15 ILCS 335/14B from Ch. 124, par. 34B
14 15 ILCS 405/14 from Ch. 15, par. 214
15 20 ILCS 301/15-45
16 20 ILCS 415/4c from Ch. 127, par. 63b104c
17 20 ILCS 415/8c from Ch. 127, par. 63b108c
18 20 ILCS 505/5 from Ch. 23, par. 5005
19 20 ILCS 505/9.8 from Ch. 23, par. 5009.8
20 20 ILCS 605/46.6a from Ch. 127, par. 46.6a
21 20 ILCS 605/46.19e from Ch. 127, par. 46.19e
22 20 ILCS 605/46.32a from Ch. 127, par. 46.32a
23 20 ILCS 620/9 from Ch. 67 1/2, par. 1009
24 20 ILCS 655/8 from Ch. 67 1/2, par. 612
25 20 ILCS 665/4 from Ch. 127, par. 200-24
26 20 ILCS 700/2003 from Ch. 127, par. 3702-3
27 20 ILCS 801/1-15
28 20 ILCS 1005/44a from Ch. 127, par. 44a
29 20 ILCS 1110/8 from Ch. 96 1/2, par. 4108
30 20 ILCS 1130/5 from Ch. 111 1/2, par. 6805
31 20 ILCS 1205/17 from Ch. 17, par. 118
32 20 ILCS 1605/21 from Ch. 120, par. 1171
33 20 ILCS 1605/24 from Ch. 120, par. 1174
34 20 ILCS 1705/4 from Ch. 91 1/2, par. 100-4
-1787- LRB9101253EGfg
1 20 ILCS 1705/18.1 from Ch. 91 1/2, par. 100-18.1
2 20 ILCS 1705/22 from Ch. 91 1/2, par. 100-22
3 20 ILCS 1825/3 from Ch. 129, par. 403
4 20 ILCS 1915/1 from Ch. 96 1/2, par. 7501
5 20 ILCS 1920/2.04 from Ch. 96 1/2, par. 8002.04
6 20 ILCS 1920/3.02 from Ch. 96 1/2, par. 8003.02
7 20 ILCS 2105/60b from Ch. 127, par. 60b
8 20 ILCS 2105/60g from Ch. 127, par. 60g
9 20 ILCS 2105/60m from Ch. 127, par. 60m
10 20 ILCS 2105/61f formerly 110 ILCS 355/62.1
11 20 ILCS 2215/4-3 from Ch. 111 1/2, par. 6504-3
12 20 ILCS 2215/5-1 from Ch. 111 1/2, par. 6505-1
13 20 ILCS 2310/55.57 from Ch. 127, par. 55.57
14 20 ILCS 2310/55.76
15 20 ILCS 2310/55.84
16 20 ILCS 2310/55.89
17 20 ILCS 2420/8 from Ch. 23, par. 3338
18 20 ILCS 2605/55a from Ch. 127, par. 55a
19 20 ILCS 2610/17 from Ch. 121, par. 307.17
20 20 ILCS 2630/5 from Ch. 38, par. 206-5
21 20 ILCS 2635/9 from Ch. 38, par. 1609
22 20 ILCS 2705/49.16 from Ch. 127, par. 49.16
23 20 ILCS 3505/7.28 from Ch. 48, par. 850.07s
24 20 ILCS 3505/7.53 from Ch. 48, par. 850.07z9
25 20 ILCS 3975/Act title
26 20 ILCS 3985/2001 from Ch. 127, par. 3852-1
27 20 ILCS 4020/14 from Ch. 48, par. 1514
28 25 ILCS 120/2 from Ch. 63, par. 902
29 25 ILCS 130/1-4 from Ch. 63, par. 1001-4
30 30 ILCS 105/5.480
31 30 ILCS 105/5.482
32 30 ILCS 105/5.483
33 30 ILCS 105/5.484
34 30 ILCS 105/5.485
-1788- LRB9101253EGfg
1 30 ILCS 105/5.486
2 30 ILCS 105/5.487
3 30 ILCS 105/5.488
4 30 ILCS 105/12-2 from Ch. 127, par. 148-2
5 30 ILCS 105/15a from Ch. 127, par. 151a
6 30 ILCS 230/6 from Ch. 127, par. 176a
7 30 ILCS 325/1 from Ch. 127, par. 321
8 30 ILCS 330/9 from Ch. 127, par. 659
9 30 ILCS 355/4 from Ch. 85, par. 1394
10 30 ILCS 535/30 from Ch. 127, par. 4151-30
11 30 ILCS 582/5
12 30 ILCS 715/2 from Ch. 56 1/2, par. 1702
13 30 ILCS 725/1.1 from Ch. 96 1/2, par. 7302
14 30 ILCS 725/2.1 from Ch. 96 1/2, par. 7304
15 30 ILCS 740/2-2.02 from Ch. 111 2/3, par. 662.02
16 30 ILCS 740/2-7 from Ch. 111 2/3, par. 667
17 30 ILCS 740/3-1.04 from Ch. 111 2/3, par. 685
18 30 ILCS 740/3-1.09 from Ch. 111 2/3, par. 689.1
19 30 ILCS 750/3-7 from Ch. 127, par. 2703-7
20 30 ILCS 805/8.21
21 30 ILCS 805/8.22
22 35 ILCS 5/201 from Ch. 120, par. 2-201
23 35 ILCS 5/203 from Ch. 120, par. 2-203
24 35 ILCS 5/204 from Ch. 120, par. 2-204
25 35 ILCS 5/509 from Ch. 120, par. 5-509
26 35 ILCS 120/2a from Ch. 120, par. 441a
27 35 ILCS 200/8-5
28 35 ILCS 200/9-165
29 35 ILCS 200/10-55
30 35 ILCS 200/10-115
31 35 ILCS 200/10-167
32 35 ILCS 200/16-150
33 35 ILCS 200/18-55
34 35 ILCS 200/18-185
-1789- LRB9101253EGfg
1 35 ILCS 200/18-246
2 35 ILCS 200/19-5
3 35 ILCS 200/19-40
4 35 ILCS 200/20-50
5 35 ILCS 200/20-155
6 35 ILCS 200/21-35
7 35 ILCS 200/21-195
8 35 ILCS 200/21-310
9 35 ILCS 200/22-5
10 35 ILCS 200/22-10
11 35 ILCS 200/22-65
12 35 ILCS 200/22-80
13 35 ILCS 200/22-90
14 35 ILCS 200/23-35
15 35 ILCS 505/8 from Ch. 120, par. 424
16 35 ILCS 510/3 from Ch. 120, par. 481b.3
17 35 ILCS 515/7 from Ch. 120, par. 1207
18 35 ILCS 620/2a.1 from Ch. 120, par. 469a.1
19 35 ILCS 640/2-11
20 40 ILCS 5/5-167.2 from Ch. 108 1/2, par. 5-167.2
21 40 ILCS 5/7-123 from Ch. 108 1/2, par. 7-123
22 40 ILCS 5/7-132.1 from Ch. 108 1/2, par. 7-132.1
23 40 ILCS 5/7-142 from Ch. 108 1/2, par. 7-142
24 40 ILCS 5/8-114 from Ch. 108 1/2, par. 8-114
25 40 ILCS 5/8-115 from Ch. 108 1/2, par. 8-115
26 40 ILCS 5/8-117 from Ch. 108 1/2, par. 8-117
27 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110
28 40 ILCS 5/14-120 from Ch. 108 1/2, par. 14-120
29 40 ILCS 5/15-102 from Ch. 108 1/2, par. 15-102
30 40 ILCS 5/15-113.6 from Ch. 108 1/2, par. 15-113.6
31 40 ILCS 5/17-123 from Ch. 108 1/2, par. 17-123
32 40 ILCS 5/17-127.2
33 40 ILCS 5/18-112.2 from Ch. 108 1/2, par. 18-112.2
34 50 ILCS 205/3a from Ch. 116, par. 43.103a
-1790- LRB9101253EGfg
1 50 ILCS 310/10 from Ch. 85, par. 710
2 50 ILCS 405/1.22 from Ch. 85, par. 851.22
3 50 ILCS 705/2 from Ch. 85, par. 502
4 50 ILCS 708/5
5 50 ILCS 708/20
6 55 ILCS 5/3-2005 from Ch. 34, par. 3-2005
7 55 ILCS 5/3-3042 from Ch. 34, par. 3-3042
8 55 ILCS 5/3-10003 from Ch. 34, par. 3-10003
9 55 ILCS 5/3-12013 from Ch. 34, par. 3-12013
10 55 ILCS 5/3-13001 from Ch. 34, par. 3-13001
11 55 ILCS 5/4-2003 from Ch. 34, par. 4-2003
12 55 ILCS 5/5-1109 from Ch. 34, par. 5-1109
13 55 ILCS 5/5-23006 from Ch. 34, par. 5-23006
14 55 ILCS 5/5-23014 from Ch. 34, par. 5-23014
15 55 ILCS 5/5-32014 from Ch. 34, par. 5-32014
16 55 ILCS 5/5-32017 from Ch. 34, par. 5-32017
17 55 ILCS 5/5-32030 from Ch. 34, par. 5-32030
18 60 ILCS 1/235-5
19 65 ILCS 5/3.1-10-50
20 65 ILCS 5/7-1-26 from Ch. 24, par. 7-1-26
21 65 ILCS 5/8-2-9.3 from Ch. 24, par. 8-2-9.3
22 65 ILCS 5/9-2-53 from Ch. 24, par. 9-2-53
23 65 ILCS 5/9-2-79 from Ch. 24, par. 9-2-79
24 65 ILCS 5/9-2-94 from Ch. 24, par. 9-2-94
25 65 ILCS 5/9-2-119 from Ch. 24, par. 9-2-119
26 65 ILCS 5/9-3-33 from Ch. 24, par. 9-3-33
27 65 ILCS 5/11-31-1 from Ch. 24, par. 11-31-1
28 65 ILCS 5/11-74.4-5 from Ch. 24, par. 11-74.4-5
29 65 ILCS 5/Art. 11, Div. 74.5 heading
30 65 ILCS 5/11-74.5-1 from Ch. 24, par. 11-74.5-1
31 65 ILCS 5/11-76.1-4 from Ch. 24, par. 11-76.1-4
32 65 ILCS 5/11-89-2 from Ch. 24, par. 11-89-2
33 65 ILCS 5/11-90-4 from Ch. 24, par. 11-90-4
34 65 ILCS 5/11-111-3 from Ch. 24, par. 11-111-3
-1791- LRB9101253EGfg
1 65 ILCS 5/11-121-7 from Ch. 24, par. 11-121-7
2 65 ILCS 5/11-129-7 from Ch. 24, par. 11-129-7
3 65 ILCS 55/7 from Ch. 24, par. 808.7
4 65 ILCS 55/19 from Ch. 24, par. 808.19
5 70 ILCS 5/2.3 from Ch. 15 1/2, par. 68.2c
6 70 ILCS 200/255-75
7 70 ILCS 210/5 from Ch. 85, par. 1225
8 70 ILCS 508/25
9 70 ILCS 525/2007 from Ch. 85, par. 7507
10 70 ILCS 605/1-2 from Ch. 42, par. 1-2
11 70 ILCS 605/3-5 from Ch. 42, par. 3-5
12 70 ILCS 605/3-18 from Ch. 42, par. 3-18
13 70 ILCS 605/5-5 from Ch. 42, par. 5-5
14 70 ILCS 605/5-20 from Ch. 42, par. 5-20
15 70 ILCS 705/16c from Ch. 127 1/2, par. 37c
16 70 ILCS 715/2 from Ch. 127 1/2, par. 302
17 70 ILCS 805/2 from Ch. 96 1/2, par. 6303
18 70 ILCS 920/2 from Ch. 23, par. 1702
19 70 ILCS 1105/0.01 rep. from Ch. 85, par. 6800
20 70 ILCS 1205/10-7d from Ch. 105, par. 10-7d
21 70 ILCS 1570/3 from Ch. 105, par. 81
22 70 ILCS 1805/4 from Ch. 19, par. 604
23 70 ILCS 1810/4 from Ch. 19, par. 155
24 70 ILCS 1820/4 from Ch. 19, par. 854
25 70 ILCS 2405/22a.18 from Ch. 42, par. 317d.19
26 70 ILCS 2405/22a.36 from Ch. 42, par. 317d.37
27 70 ILCS 2405/25 from Ch. 42, par. 317g
28 70 ILCS 2605/4.2 from Ch. 42, par. 323.2
29 70 ILCS 2605/220 from Ch. 42, par. 349.220
30 70 ILCS 2805/56 from Ch. 42, par. 447.20
31 70 ILCS 2805/74 from Ch. 42, par. 447.38
32 70 ILCS 2905/4-2 from Ch. 42, par. 504-2
33 70 ILCS 3615/2.08 from Ch. 111 2/3, par. 702.08
34 70 ILCS 3615/2.16 from Ch. 111 2/3, par. 702.16
-1792- LRB9101253EGfg
1 70 ILCS 3615/4.03.1 from Ch. 111 2/3, par. 704.03.1
2 70 ILCS 3615/4.09 from Ch. 111 2/3, par. 704.09
3 75 ILCS 5/3-1 from Ch. 81, par. 3-1
4 75 ILCS 5/3-4 from Ch. 81, par. 3-4
5 75 ILCS 5/Art. 4 heading
6 75 ILCS 5/4-7 from Ch. 81, par. 4-7
7 75 ILCS 10/5 from Ch. 81, par. 115
8 75 ILCS 10/7 from Ch. 81, par. 117
9 75 ILCS 10/8.1 from Ch. 81, par. 118.1
10 75 ILCS 35/8 from Ch. 81, par. 53
11 105 ILCS 5/1B-6 from Ch. 122, par. 1B-6
12 105 ILCS 5/2-3.73 from Ch. 122, par. 2-3.73
13 105 ILCS 5/2-3.106 from Ch. 122, par. 2-3.106
14 105 ILCS 5/2-3.114
15 105 ILCS 5/3A-10 from Ch. 122, par. 3A-10
16 105 ILCS 5/5-22 from Ch. 122, par. 5-22
17 105 ILCS 5/7-7.5
18 105 ILCS 5/7A-4 from Ch. 122, par. 7A-4
19 105 ILCS 5/8-2 from Ch. 122, par. 8-2
20 105 ILCS 5/8-9 from Ch. 122, par. 8-9
21 105 ILCS 5/9-10 from Ch. 122, par. 9-10
22 105 ILCS 5/9-12 from Ch. 122, par. 9-12
23 105 ILCS 5/9-12.1 from Ch. 122, par. 9-12.1
24 105 ILCS 5/10-5 from Ch. 122, par. 10-5
25 105 ILCS 5/10-18 from Ch. 122, par. 10-18
26 105 ILCS 5/10-22.22b from Ch. 122, par. 10-22.22b
27 105 ILCS 5/10-22.22c from Ch. 122, par. 10-22.22c
28 105 ILCS 5/11A-5 from Ch. 122, par. 11A-5
29 105 ILCS 5/11B-5 from Ch. 122, par. 11B-5
30 105 ILCS 5/11D-4 from Ch. 122, par. 11D-4
31 105 ILCS 5/12-11.1 from Ch. 122, par. 12-11.1
32 105 ILCS 5/14A-4 from Ch. 122, par. 14A-4
33 105 ILCS 5/17-2C
34 105 ILCS 5/17-11 from Ch. 122, par. 17-11
-1793- LRB9101253EGfg
1 105 ILCS 5/18-8.05
2 105 ILCS 5/21-10 from Ch. 122, par. 21-10
3 105 ILCS 5/21-12 from Ch. 122, par. 21-12
4 105 ILCS 5/27-8.1 from Ch. 122, par. 27-8.1
5 105 ILCS 5/27A-4
6 105 ILCS 5/29-5.2 from Ch. 122, par. 29-5.2
7 105 ILCS 5/32-1 from Ch. 122, par. 32-1
8 105 ILCS 5/32-1.4 from Ch. 122, par. 32-1.4
9 105 ILCS 5/32-5.2 from Ch. 122, par. 32-5.2
10 105 ILCS 5/32-7 from Ch. 122, par. 32-7
11 105 ILCS 5/34-21.1 from Ch. 122, par. 34-21.1
12 105 ILCS 5/34-84a.1 from Ch. 122, par. 34-84a.1
13 105 ILCS 10/6 from Ch. 122, par. 50-6
14 105 ILCS 105/6 from Ch. 122, par. 1406
15 105 ILCS 425/7 from Ch. 144, par. 142
16 110 ILCS 62/5-5
17 110 ILCS 205/9.27
18 110 ILCS 205/9.28
19 110 ILCS 805/3-7.10 from Ch. 122, par. 103-7.10
20 110 ILCS 805/3-19 from Ch. 122, par. 103-19
21 110 ILCS 805/3-20.5 from Ch. 122, par. 103-20.5
22 110 ILCS 947/35
23 110 ILCS 947/65.05
24 110 ILCS 947/65.30
25 205 ILCS 5/30 from Ch. 17, par. 337
26 205 ILCS 5/60 from Ch. 17, par. 372
27 205 ILCS 205/1008 from Ch. 17, par. 7301-8
28 205 ILCS 305/8 from Ch. 17, par. 4409
29 210 ILCS 3/35
30 210 ILCS 25/7-101 from Ch. 111 1/2, par. 627-101
31 210 ILCS 45/3-113 from Ch. 111 1/2, par. 4153-113
32 210 ILCS 45/3-401 from Ch. 111 1/2, par. 4153-401
33 210 ILCS 50/3.20
34 210 ILCS 50/3.245
-1794- LRB9101253EGfg
1 210 ILCS 115/9 from Ch. 111 1/2, par. 719
2 215 ILCS 5/56 from Ch. 73, par. 668
3 215 ILCS 5/123C-2 from Ch. 73, par. 735C-2
4 215 ILCS 5/126.30
5 215 ILCS 5/141.1 from Ch. 73, par. 753.1
6 215 ILCS 5/143.21a from Ch. 73, par. 755.21a
7 215 ILCS 5/143.31
8 215 ILCS 5/209 from Ch. 73, par. 821
9 215 ILCS 5/223 from Ch. 73, par. 835
10 215 ILCS 5/267 from Ch. 73, par. 879
11 215 ILCS 5/333 from Ch. 73, par. 945
12 215 ILCS 5/338 from Ch. 73, par. 950
13 215 ILCS 5/343 from Ch. 73, par. 955
14 215 ILCS 5/357.2 from Ch. 73, par. 969.2
15 215 ILCS 5/357.18 from Ch. 73, par. 969.18
16 215 ILCS 5/357.19 from Ch. 73, par. 969.19
17 215 ILCS 5/357.20 from Ch. 73, par. 969.20
18 215 ILCS 5/408 from Ch. 73, par. 1020
19 215 ILCS 5/415 from Ch. 73, par. 1027
20 215 ILCS 5/531.03 from Ch. 73, par. 1065.80-3
21 215 ILCS 5/803.1
22 215 ILCS 5/807.1
23 215 ILCS 5/810.1
24 215 ILCS 5/1202 from Ch. 73, par. 1065.902
25 215 ILCS 5/1204 from Ch. 73, par. 1065.904
26 215 ILCS 97/35
27 215 ILCS 105/2 from Ch. 73, par. 1302
28 215 ILCS 105/4 from Ch. 73, par. 1304
29 215 ILCS 105/5 from Ch. 73, par. 1305
30 215 ILCS 125/1-3 from Ch. 111 1/2, par. 1402.1
31 215 ILCS 125/2-7 from Ch. 111 1/2, par. 1407
32 215 ILCS 125/4-4 from Ch. 111 1/2, par. 1408.4
33 215 ILCS 125/5-3 from Ch. 111 1/2, par. 1411.2
34 220 ILCS 5/4-304 from Ch. 111 2/3, par. 4-304
-1795- LRB9101253EGfg
1 220 ILCS 5/4-501
2 220 ILCS 5/4-502
3 220 ILCS 5/7-102 from Ch. 111 2/3, par. 7-102
4 220 ILCS 5/7-106
5 220 ILCS 5/9-241 from Ch. 111 2/3, par. 9-241
6 220 ILCS 5/13-403 from Ch. 111 2/3, par. 13-403
7 220 ILCS 10/3 from Ch. 111 2/3, par. 903
8 225 ILCS 5/3 from Ch. 111, par. 7603
9 225 ILCS 5/16 from Ch. 111, par. 7616
10 225 ILCS 10/4.2 from Ch. 23, par. 2214.2
11 225 ILCS 10/8 from Ch. 23, par. 2218
12 225 ILCS 15/10 from Ch. 111, par. 5360
13 225 ILCS 20/9A from Ch. 111, par. 6359A
14 225 ILCS 25/23 from Ch. 111, par. 2323
15 225 ILCS 25/48 from Ch. 111, par. 2348
16 225 ILCS 60/18 from Ch. 111, par. 4400-18
17 225 ILCS 60/21 from Ch. 111, par. 4400-21
18 225 ILCS 65/20-120
19 225 ILCS 75/8 from Ch. 111, par. 3708
20 225 ILCS 75/9 from Ch. 111, par. 3709
21 225 ILCS 75/19 from Ch. 111, par. 3719
22 225 ILCS 75/19.10 from Ch. 111, par. 3729
23 225 ILCS 80/26.10 from Ch. 111, par. 3926.10
24 225 ILCS 85/35.13 from Ch. 111, par. 4155.13
25 225 ILCS 90/3 from Ch. 111, par. 4253
26 225 ILCS 90/8 from Ch. 111, par. 4258
27 225 ILCS 90/26 from Ch. 111, par. 4276
28 225 ILCS 95/22.10 from Ch. 111, par. 4622.10
29 225 ILCS 100/35 from Ch. 111, par. 4835
30 225 ILCS 100/36 from Ch. 111, par. 4836
31 225 ILCS 105/23 from Ch. 111, par. 5023
32 225 ILCS 106/60
33 225 ILCS 115/25.10 from Ch. 111, par. 7025.10
34 225 ILCS 115/28 from Ch. 111, par. 7028
-1796- LRB9101253EGfg
1 225 ILCS 120/75 from Ch. 111, par. 8301-75
2 225 ILCS 120/140 from Ch. 111, par. 8301-140
3 225 ILCS 210/2005 from Ch. 96 1/2, par. 1-2005
4 225 ILCS 220/0.01 rep.
5 225 ILCS 305/30 from Ch. 111, par. 1330
6 225 ILCS 310/4 from Ch. 111, par. 8204
7 225 ILCS 310/13 from Ch. 111, par. 8213
8 225 ILCS 310/29 from Ch. 111, par. 8229
9 225 ILCS 315/25 from Ch. 111, par. 8125
10 225 ILCS 320/25 from Ch. 111, par. 1124
11 225 ILCS 330/37 from Ch. 111, par. 3287
12 225 ILCS 340/28 from Ch. 111, par. 6628
13 225 ILCS 410/1-11 from Ch. 111, par. 1701-11
14 225 ILCS 410/3-4 from Ch. 111, par. 1703-4
15 225 ILCS 410/3A-5 from Ch. 111, par. 1703A-5
16 225 ILCS 410/3C-5 from Ch. 111, par. 1703C-5
17 225 ILCS 410/4-16 from Ch. 111, par. 1704-16
18 225 ILCS 415/23.10 from Ch. 111, par. 6233
19 225 ILCS 430/25 from Ch. 111, par. 2426
20 225 ILCS 435/1 from Ch. 121, par. 701
21 225 ILCS 446/75
22 225 ILCS 446/80
23 225 ILCS 450/21 from Ch. 111, par. 5527
24 225 ILCS 455/18 from Ch. 111, par. 5818
25 225 ILCS 460/17 from Ch. 23, par. 5117
26 225 ILCS 470/9 from Ch. 147, par. 109
27 225 ILCS 515/3 from Ch. 111, par. 903
28 225 ILCS 605/12 from Ch. 8, par. 312
29 225 ILCS 710/9.02 from Ch. 96 1/2, par. 4216
30 225 ILCS 715/4.1 from Ch. 96 1/2, par. 4505
31 225 ILCS 715/5 from Ch. 96 1/2, par. 4506
32 225 ILCS 720/1.03 from Ch. 96 1/2, par. 7901.03
33 230 ILCS 5/5 from Ch. 8, par. 37-5
34 230 ILCS 15/5 from Ch. 85, par. 2305
-1797- LRB9101253EGfg
1 230 ILCS 25/5.1 from Ch. 120, par. 1105.1
2 230 ILCS 30/13 from Ch. 120, par. 1133
3 235 ILCS 5/1-3 from Ch. 43, par. 95
4 235 ILCS 5/4-4 from Ch. 43, par. 112
5 235 ILCS 5/5-1 from Ch. 43, par. 115
6 235 ILCS 5/5-3 from Ch. 43, par. 118
7 235 ILCS 5/6-1 from Ch. 43, par. 119
8 235 ILCS 5/6-11 from Ch. 43, par. 127
9 235 ILCS 5/7-1 from Ch. 43, par. 145
10 235 ILCS 5/9-12 from Ch. 43, par. 175.1
11 235 ILCS 5/10-8 from Ch. 43, par. 190
12 240 ILCS 5/1 from Ch. 17, par. 1451
13 240 ILCS 5/4 from Ch. 17, par. 1454
14 305 ILCS 5/3-10.1 from Ch. 23, par. 3-10.1
15 305 ILCS 5/4-8 from Ch. 23, par. 4-8
16 305 ILCS 5/5-5.3 from Ch. 23, par. 5-5.3
17 305 ILCS 5/5-5.4a
18 305 ILCS 5/5-11.1
19 305 ILCS 5/10-10 from Ch. 23, par. 10-10
20 305 ILCS 5/10-16.2 from Ch. 23, par. 10-16.2
21 305 ILCS 5/11-16 from Ch. 23, par. 11-16
22 305 ILCS 5/11-20 from Ch. 23, par. 11-20
23 305 ILCS 5/11-22 from Ch. 23, par. 11-22
24 305 ILCS 40/20 from Ch. 23, par. 7100-20
25 305 ILCS 45/30 from Ch. 23, par. 7105-30
26 310 ILCS 5/7 from Ch. 67 1/2, par. 157
27 310 ILCS 5/25 from Ch. 67 1/2, par. 175
28 310 ILCS 15/4 from Ch. 67 1/2, par. 31
29 310 ILCS 50/2 from Ch. 67 1/2, par. 852
30 310 ILCS 50/3 from Ch. 67 1/2, par. 853
31 310 ILCS 65/3 from Ch. 67 1/2, par. 1253
32 310 ILCS 65/5 from Ch. 67 1/2, par. 1255
33 310 ILCS 65/7 from Ch. 67 1/2, par. 1257
34 315 ILCS 5/3 from Ch. 67 1/2, par. 65
-1798- LRB9101253EGfg
1 315 ILCS 10/6 from Ch. 67 1/2, par. 91.6
2 315 ILCS 20/37 from Ch. 67 1/2, par. 287
3 315 ILCS 25/8 from Ch. 67 1/2, par. 91.15
4 320 ILCS 10/2 from Ch. 23, par. 6202
5 320 ILCS 20/2 from Ch. 23, par. 6602
6 320 ILCS 25/3.09 from Ch. 67 1/2, par. 403.09
7 320 ILCS 25/4 from Ch. 67 1/2, par. 404
8 320 ILCS 25/6 from Ch. 67 1/2, par. 406
9 320 ILCS 30/3 from Ch. 67 1/2, par. 453
10 325 ILCS 5/11.1 from Ch. 23, par. 2061.1
11 325 ILCS 20/4 from Ch. 23, par. 4154
12 330 ILCS 100/2 from Ch. 126 1/2, par. 57.82
13 330 ILCS 110/1 from Ch. 21, par. 59a
14 405 ILCS 5/2-114 from Ch. 91 1/2, par. 2-114
15 405 ILCS 5/3-202 from Ch. 91 1/2, par. 3-202
16 405 ILCS 5/4-209 from Ch. 91 1/2, par. 4-209
17 405 ILCS 5/4-210 from Ch. 91 1/2, par. 4-210
18 405 ILCS 10/3 from Ch. 91 1/2, par. 123
19 405 ILCS 20/8 from Ch. 91 1/2, par. 308
20 410 ILCS 18/80
21 410 ILCS 25/6 from Ch. 111 1/2, par. 3716
22 410 ILCS 65/2 from Ch. 111 1/2, par. 8052
23 410 ILCS 65/4 from Ch. 111 1/2, par. 8054
24 410 ILCS 235/3 from Ch. 111 1/2, par. 7503
25 410 ILCS 320/1 from Ch. 111 1/2, par. 4801
26 410 ILCS 405/4 from Ch. 111 1/2, par. 6954
27 410 ILCS 535/15 from Ch. 111 1/2, par. 73-15
28 410 ILCS 615/16 from Ch. 56 1/2, par. 55-16
29 415 ILCS 5/9.4 from Ch. 111 1/2, par. 1009.4
30 415 ILCS 5/14.5 from Ch. 111 1/2, par. 1014.5
31 415 ILCS 5/21.6 from Ch. 111 1/2, par. 1021.6
32 415 ILCS 5/22.21 from Ch. 111 1/2, par. 1022.21
33 415 ILCS 5/27 from Ch. 111 1/2, par. 1027
34 415 ILCS 5/40.2 from Ch. 111 1/2, par. 1040.2
-1799- LRB9101253EGfg
1 415 ILCS 5/45 from Ch. 111 1/2, par. 1045
2 415 ILCS 5/55.5 from Ch. 111 1/2, par. 1055.5
3 415 ILCS 5/57
4 415 ILCS 5/57.8
5 415 ILCS 5/57.14
6 415 ILCS 10/3.1 from Ch. 85, par. 5903.1
7 415 ILCS 20/7.3
8 415 ILCS 20/8
9 415 ILCS 45/1 from Ch. 111 1/2, par. 501
10 415 ILCS 50/3.01 from Ch. 111 1/2, par. 583.01
11 415 ILCS 60/7 from Ch. 5, par. 807
12 415 ILCS 60/8 from Ch. 5, par. 808
13 415 ILCS 75/6 from Ch. 111 1/2, par. 986
14 415 ILCS 110/2002 from Ch. 96 1/2, par. 9752
15 415 ILCS 120/10
16 415 ILCS 120/25
17 420 ILCS 30/3 from Ch. 111 1/2, par. 196
18 425 ILCS 35/4 from Ch. 127 1/2, par. 130
19 425 ILCS 50/1 from Ch. 127 1/2, par. 81
20 430 ILCS 65/1.1 from Ch. 38, par. 83-1.1
21 430 ILCS 95/3 from Ch. 111 1/2, par. 7603
22 505 ILCS 5/7 from Ch. 5, par. 1007
23 505 ILCS 25/13 from Ch. 5, par. 1413
24 505 ILCS 115/15 from Ch. 5, par. 1065
25 505 ILCS 115/23 from Ch. 5, par. 1073
26 505 ILCS 130/15 from Ch. 5, par. 565
27 510 ILCS 20/2c from Ch. 8, par. 124c
28 510 ILCS 70/4.04 from Ch. 8, par. 704.04
29 510 ILCS 70/16 from Ch. 8, par. 716
30 515 ILCS 5/10-15 from Ch. 56, par. 10-15
31 520 ILCS 5/1.4 from Ch. 61, par. 1.4
32 520 ILCS 5/2.18-1 from Ch. 61, par. 2.18-1
33 520 ILCS 5/2.24 from Ch. 61, par. 2.24
34 520 ILCS 10/3 from Ch. 8, par. 333
-1800- LRB9101253EGfg
1 525 ILCS 5/6 from Ch. 96 1/2, par. 9506
2 525 ILCS 40/6 from Ch. 96 1/2, par. 5907
3 525 ILCS 45/5.1 from Ch. 5, par. 1605.1
4 605 ILCS 5/4-508 from Ch. 121, par. 4-508
5 605 ILCS 5/4-510 from Ch. 121, par. 4-510
6 605 ILCS 5/6-315a from Ch. 121, par. 6-315a
7 605 ILCS 5/6-513 from Ch. 121, par. 6-513
8 615 ILCS 5/13 from Ch. 19, par. 60
9 615 ILCS 20/4 from Ch. 19, par. 47d
10 620 ILCS 5/15 from Ch. 15 1/2, par. 22.15
11 620 ILCS 10/5 from Ch. 15 1/2, par. 183
12 620 ILCS 15/3 from Ch. 15 1/2, par. 189
13 625 ILCS 5/1-121 from Ch. 95 1/2, par. 1-121
14 625 ILCS 5/1-211.01 from Ch. 95 1/2, par. 1-211.01
15 625 ILCS 5/2-123 from Ch. 95 1/2, par. 2-123
16 625 ILCS 5/3-100 from Ch. 95 1/2, par. 3-100
17 625 ILCS 5/3-112.1 from Ch. 95 1/2, par. 3-112.1
18 625 ILCS 5/3-602 from Ch. 95 1/2, par. 3-602
19 625 ILCS 5/3-643
20 625 ILCS 5/3-644
21 625 ILCS 5/3-816 from Ch. 95 1/2, par. 3-816
22 625 ILCS 5/4-304 from Ch. 95 1/2, par. 4-304
23 625 ILCS 5/5-102.1 from Ch. 95 1/2, par. 5-102.1
24 625 ILCS 5/6-110 from Ch. 95 1/2, par. 6-110
25 625 ILCS 5/6-118 from Ch. 95 1/2, par. 6-118
26 625 ILCS 5/6-204 from Ch. 95 1/2, par. 6-204
27 625 ILCS 5/6-205 from Ch. 95 1/2, par. 6-205
28 625 ILCS 5/6-208 from Ch. 95 1/2, par. 6-208
29 625 ILCS 5/6-208.1 from Ch. 95 1/2, par. 6-208.1
30 625 ILCS 5/6-301.3
31 625 ILCS 5/6-517 from Ch. 95 1/2, par. 6-517
32 625 ILCS 5/6-520 from Ch. 95 1/2, par. 6-520
33 625 ILCS 5/7-402 from Ch. 95 1/2, par. 7-402
34 625 ILCS 5/10-301 from Ch. 95 1/2, par. 10-301
-1801- LRB9101253EGfg
1 625 ILCS 5/11-306 from Ch. 95 1/2, par. 11-306
2 625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501
3 625 ILCS 5/11-501.1 from Ch. 95 1/2, par. 11-501.1
4 625 ILCS 5/11-501.6 from Ch. 95 1/2, par. 11-501.6
5 625 ILCS 5/11-501.8
6 625 ILCS 5/12-215 from Ch. 95 1/2, par. 12-215
7 625 ILCS 5/15-302 from Ch. 95 1/2, par. 15-302
8 625 ILCS 5/16-104 from Ch. 95 1/2, par. 16-104
9 625 ILCS 5/18a-501 from Ch. 95 1/2, par. 18a-501
10 625 ILCS 5/18c-1102 from Ch. 95 1/2, par. 18c-1102
11 625 ILCS 5/18c-1205 from Ch. 95 1/2, par. 18c-1205
12 625 ILCS 5/18c-1705 from Ch. 95 1/2, par. 18c-1705
13 625 ILCS 5/18c-2402 from Ch. 95 1/2, par. 18c-2402
14 625 ILCS 5/18c-4701 from Ch. 95 1/2, par. 18c-4701
15 625 ILCS 5/18c-6102 from Ch. 95 1/2, par. 18c-6102
16 625 ILCS 30/6 from Ch. 95 1/2, par. 906
17 625 ILCS 40/5-2 from Ch. 95 1/2, par. 605-2
18 625 ILCS 45/3A-2 from Ch. 95 1/2, par. 313A-2
19 625 ILCS 45/3A-3 from Ch. 95 1/2, par. 313A-3
20 625 ILCS 45/5-18 from Ch. 95 1/2, par. 315-13
21 705 ILCS 105/27.1 from Ch. 25, par. 27.1
22 705 ILCS 405/1-3 from Ch. 37, par. 801-3
23 705 ILCS 405/1-4 from Ch. 37, par. 801-4
24 705 ILCS 405/1-5 from Ch. 37, par. 801-5
25 705 ILCS 405/1-7 from Ch. 37, par. 801-7
26 705 ILCS 405/1-8 from Ch. 37, par. 801-8
27 705 ILCS 405/1-18 new
28 705 ILCS 405/2-4 from Ch. 37, par. 802-4
29 705 ILCS 405/2-16 from Ch. 37, par. 802-16
30 705 ILCS 405/2-17.1
31 705 ILCS 405/2-27 from Ch. 37, par. 802-27
32 705 ILCS 405/2-28 from Ch. 37, par. 802-28
33 705 ILCS 405/2-30 from Ch. 37, par. 802-30
34 705 ILCS 405/3-18 from Ch. 37, par. 803-18
-1802- LRB9101253EGfg
1 705 ILCS 405/3-31 from Ch. 37, par. 803-31
2 705 ILCS 405/4-15 from Ch. 37, par. 804-15
3 705 ILCS 405/4-28 from Ch. 37, par. 804-28
4 705 ILCS 405/5-135
5 705 ILCS 405/5-525
6 705 ILCS 405/5-805
7 705 ILCS 405/6-1 from Ch. 37, par. 806-1
8 705 ILCS 405/6-9 from Ch. 37, par. 806-9
9 705 ILCS 405/6-10 from Ch. 37, par. 806-10
10 720 ILCS 5/1-5 from Ch. 38, par. 1-5
11 720 ILCS 5/9-1 from Ch. 38, par. 9-1
12 720 ILCS 5/9-3.3 from Ch. 38, par. 9-3.3
13 720 ILCS 5/11-17.1 from Ch. 38, par. 11-17.1
14 720 ILCS 5/11-19.2 from Ch. 38, par. 11-19.2
15 720 ILCS 5/11-20.1 from Ch. 38, par. 11-20.1
16 720 ILCS 5/12-4 from Ch. 38, par. 12-4
17 720 ILCS 5/12-4.3 from Ch. 38, par. 12-4.3
18 720 ILCS 5/12-18 from Ch. 38, par. 12-18
19 720 ILCS 5/12-30 from Ch. 38, par. 12-30
20 720 ILCS 5/14-3 from Ch. 38, par. 14-3
21 720 ILCS 5/14-4 from Ch. 38, par. 14-4
22 720 ILCS 5/16-15 from Ch. 38, par. 16-15
23 720 ILCS 5/17-3 from Ch. 38, par. 17-3
24 720 ILCS 5/17B-10
25 720 ILCS 5/18-5
26 720 ILCS 5/24-1.2 from Ch. 38, par. 24-1.2
27 720 ILCS 5/25-1.1
28 720 ILCS 5/31A-1.2 from Ch. 38, par. 31A-1.2
29 720 ILCS 5/34-1 from Ch. 38, par. 34-1
30 720 ILCS 5/46-4
31 720 ILCS 350/2 from Ch. 121 1/2, par. 852
32 720 ILCS 375/2 from Ch. 121 1/2, par. 157.33
33 720 ILCS 570/401 from Ch. 56 1/2, par. 1401
34 720 ILCS 570/402 from Ch. 56 1/2, par. 1402
-1803- LRB9101253EGfg
1 720 ILCS 570/405 from Ch. 56 1/2, par. 1405
2 720 ILCS 570/411.1 from Ch. 56 1/2, par. 1411.1
3 720 ILCS 600/4 from Ch. 56 1/2, par. 2104
4 720 ILCS 625/2 from Ch. 5, par. 212
5 725 ILCS 5/112A-13 from Ch. 38, par. 112A-13
6 725 ILCS 5/115-10 from Ch. 38, par. 115-10
7 725 ILCS 120/5 from Ch. 38, par. 1405
8 725 ILCS 185/20 from Ch. 38, par. 320
9 725 ILCS 185/31 from Ch. 38, par. 331
10 725 ILCS 207/10
11 725 ILCS 207/15
12 730 ILCS 5/3-2-2 from Ch. 38, par. 1003-2-2
13 730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3
14 730 ILCS 5/3-6-3.1
15 730 ILCS 5/5-4-1 from Ch. 38, par. 1005-4-1
16 730 ILCS 5/5-5-3
17 730 ILCS 5/5-5-3.1 from Ch. 38, par. 1005-5-3.1
18 730 ILCS 5/5-5-3.2 from Ch. 38, par. 1005-5-3.2
19 730 ILCS 5/5-6-1 from Ch. 38, par. 1005-6-1
20 730 ILCS 5/5-7-6 from Ch. 38, par. 1005-7-6
21 730 ILCS 5/5-8A-4 from Ch. 38, par. 1005-8A-4
22 730 ILCS 110/13 from Ch. 38, par. 204-5
23 730 ILCS 152/120
24 735 ILCS 5/2-109 from Ch. 110, par. 2-109
25 735 ILCS 5/4-109 from Ch. 110, par. 4-109
26 735 ILCS 5/4-227 from Ch. 110, par. 4-227
27 735 ILCS 5/7-103 from Ch. 110, par. 7-103
28 735 ILCS 5/7-103.1 new
29 735 ILCS 5/7-103.3 new
30 735 ILCS 5/7-103.5 new
31 735 ILCS 5/7-103.6 new
32 735 ILCS 5/7-103.7 new
33 735 ILCS 5/7-103.8 new
34 735 ILCS 5/7-103.9 new
-1804- LRB9101253EGfg
1 735 ILCS 5/7-103.10 new
2 735 ILCS 5/7-103.11 new
3 735 ILCS 5/7-103.12 new
4 735 ILCS 5/7-103.13 new
5 735 ILCS 5/7-103.14 new
6 735 ILCS 5/7-103.15 new
7 735 ILCS 5/7-103.16 new
8 735 ILCS 5/7-103.17 new
9 735 ILCS 5/7-103.18 new
10 735 ILCS 5/7-103.19 new
11 735 ILCS 5/7-103.20 new
12 735 ILCS 5/7-103.21 new
13 735 ILCS 5/7-103.22 new
14 735 ILCS 5/7-103.23 new
15 735 ILCS 5/7-103.24 new
16 735 ILCS 5/7-103.25 new
17 735 ILCS 5/7-103.26 new
18 735 ILCS 5/7-103.27 new
19 735 ILCS 5/7-103.28 new
20 735 ILCS 5/7-103.29 new
21 735 ILCS 5/7-103.30 new
22 735 ILCS 5/7-103.31 new
23 735 ILCS 5/7-103.32 new
24 735 ILCS 5/7-103.33 new
25 735 ILCS 5/7-103.34 new
26 735 ILCS 5/7-103.35 new
27 735 ILCS 5/7-103.36 new
28 735 ILCS 5/7-103.37 new
29 735 ILCS 5/7-103.38 new
30 735 ILCS 5/7-103.39 new
31 735 ILCS 5/7-103.40 new
32 735 ILCS 5/7-103.41 new
33 735 ILCS 5/7-103.41a new
34 735 ILCS 5/7-103.42 new
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1 735 ILCS 5/7-103.43 new
2 735 ILCS 5/7-103.44 new
3 735 ILCS 5/7-103.45 new
4 735 ILCS 5/7-103.46 new
5 735 ILCS 5/7-103.47 new
6 735 ILCS 5/7-103.48 new
7 735 ILCS 5/7-103.49 new
8 735 ILCS 5/7-103.51 new
9 735 ILCS 5/7-103.52 new
10 735 ILCS 5/7-103.53 new
11 735 ILCS 5/7-103.54 new
12 735 ILCS 5/7-103.55 new
13 735 ILCS 5/7-103.56 new
14 735 ILCS 5/7-103.57 new
15 735 ILCS 5/7-103.58 new
16 735 ILCS 5/7-103.59 new
17 735 ILCS 5/7-103.60 new
18 735 ILCS 5/7-103.61 new
19 735 ILCS 5/7-103.62 new
20 735 ILCS 5/7-103.63 new
21 735 ILCS 5/7-103.64 new
22 735 ILCS 5/7-103.65 new
23 735 ILCS 5/7-103.66 new
24 735 ILCS 5/7-103.67 new
25 735 ILCS 5/7-103.68 new
26 735 ILCS 5/7-103.69 new
27 735 ILCS 5/7-103.70 new
28 735 ILCS 5/9-111.1
29 735 ILCS 5/Art. IX, Part 2 heading
30 735 ILCS 5/12-101 from Ch. 110, par. 12-101
31 735 ILCS 5/12-147 from Ch. 110, par. 12-147
32 735 ILCS 5/12-153 from Ch. 110, par. 12-153
33 735 ILCS 5/12-164 from Ch. 110, par. 12-164
34 735 ILCS 5/12-183 from Ch. 110, par. 12-183
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1 735 ILCS 5/15-1504 from Ch. 110, par. 15-1504
2 740 ILCS 95/4 from Ch. 111 2/3, par. 1504
3 740 ILCS 110/11 from Ch. 91 1/2, par. 811
4 740 ILCS 113/5
5 740 ILCS 170/2.1 from Ch. 48, par. 39.2a
6 740 ILCS 170/4.1 from Ch. 48, par. 39.4a
7 745 ILCS 10/6-107 from Ch. 85, par. 6-107
8 750 ILCS 5/504 from Ch. 40, par. 504
9 750 ILCS 5/505.1 from Ch. 40, par. 505.1
10 750 ILCS 5/507 from Ch. 40, par. 507
11 750 ILCS 5/607 from Ch. 40, par. 607
12 750 ILCS 5/705 from Ch. 40, par. 705
13 750 ILCS 5/706.1 from Ch. 40, par. 706.1
14 750 ILCS 15/2.1 from Ch. 40, par. 1105
15 750 ILCS 15/4.1 from Ch. 40, par. 1107.1
16 750 ILCS 15/12 from Ch. 40, par. 1115
17 750 ILCS 22/605
18 750 ILCS 28/15
19 750 ILCS 28/20
20 750 ILCS 28/25
21 750 ILCS 28/45
22 750 ILCS 28/999
23 750 ILCS 45/15 from Ch. 40, par. 2515
24 750 ILCS 45/15.1 from Ch. 40, par. 2515.1
25 750 ILCS 45/20 from Ch. 40, par. 2520
26 750 ILCS 45/21 from Ch. 40, par. 2521
27 750 ILCS 50/1 from Ch. 40, par. 1501
28 750 ILCS 50/5 from Ch. 40, par. 1507
29 750 ILCS 50/8 from Ch. 40, par. 1510
30 750 ILCS 50/10 from Ch. 40, par. 1512
31 750 ILCS 50/11 from Ch. 40, par. 1513
32 750 ILCS 50/12a from Ch. 40, par. 1515
33 750 ILCS 50/17 from Ch. 40, par. 1521
34 750 ILCS 50/18.2 from Ch. 40, par. 1522.2
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1 750 ILCS 50/18.3a from Ch. 40, par. 1522.3a
2 750 ILCS 60/Art. IV heading
3 755 ILCS 5/11a-3 from Ch. 110 1/2, par. 11a-3
4 755 ILCS 5/11a-22 from Ch. 110 1/2, par. 11a-22
5 755 ILCS 5/16-3 from Ch. 110 1/2, par. 16-3
6 755 ILCS 5/21-2.11 from Ch. 110 1/2, par. 21-2.11
7 755 ILCS 5/23-2 from Ch. 110 1/2, par. 23-2
8 760 ILCS 5/3 from Ch. 17, par. 1653
9 765 ILCS 5/9 from Ch. 30, par. 8
10 765 ILCS 5/10 from Ch. 30, par. 9
11 765 ILCS 5/11 from Ch. 30, par. 10
12 765 ILCS 5/20 from Ch. 30, par. 19
13 765 ILCS 5/26 from Ch. 30, par. 25
14 765 ILCS 30/4 from Ch. 30, par. 224
15 765 ILCS 30/5 from Ch. 30, par. 225
16 765 ILCS 45/12 from Ch. 116, par. 16
17 765 ILCS 45/17 from Ch. 116, par. 21
18 765 ILCS 77/30
19 765 ILCS 77/35
20 765 ILCS 77/50
21 765 ILCS 90/5 from Ch. 30, par. 905
22 765 ILCS 95/2 from Ch. 30, par. 1002
23 765 ILCS 100/29 from Ch. 30, par. 729
24 765 ILCS 215/1 from Ch. 133, par. 11
25 765 ILCS 505/12 from Ch. 96 1/2, par. 162
26 765 ILCS 515/10 from Ch. 96 1/2, par. 9210
27 765 ILCS 605/9 from Ch. 30, par. 309
28 765 ILCS 930/20
29 765 ILCS 1025/8.1 from Ch. 141, par. 108.1
30 765 ILCS 1036/45
31 770 ILCS 15/10 from Ch. 82, par. 660
32 770 ILCS 30/1 from Ch. 82, par. 201
33 770 ILCS 55/1 from Ch. 82, par. 49
34 770 ILCS 60/27 from Ch. 82, par. 27
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1 770 ILCS 70/2 from Ch. 82, par. 502
2 770 ILCS 70/3 from Ch. 82, par. 503
3 775 ILCS 5/7-101 from Ch. 68, par. 7-101
4 775 ILCS 5/7A-103 from Ch. 68, par. 7A-103
5 775 ILCS 5/8-102 from Ch. 68, par. 8-102
6 775 ILCS 5/8-105 from Ch. 68, par. 8-105
7 775 ILCS 5/9-101 from Ch. 68, par. 9-101
8 805 ILCS 5/5.10 from Ch. 32, par. 5.10
9 805 ILCS 35/8 from Ch. 32, par. 1008
10 805 ILCS 105/105.10 from Ch. 32, par. 105.10
11 805 ILCS 105/111.25 from Ch. 32, par. 111.25
12 805 ILCS 110/36 from Ch. 32, par. 165
13 805 ILCS 110/46b from Ch. 32, par. 177
14 810 ILCS 5/9-307 from Ch. 26, par. 9-307
15 810 ILCS 5/9-313 from Ch. 26, par. 9-313
16 810 ILCS 5/9-402 from Ch. 26, par. 9-402
17 810 ILCS 5/9-403 from Ch. 26, par. 9-403
18 810 ILCS 5/9-501 from Ch. 26, par. 9-501
19 815 ILCS 5/11a from Ch. 121 1/2, par. 137.11a
20 815 ILCS 135/3 from Ch. 17, par. 5803
21 815 ILCS 175/15-15
22 815 ILCS 175/15-45
23 815 ILCS 307/10-10
24 815 ILCS 330/4 from Ch. 147, par. 48
25 815 ILCS 375/18 from Ch. 121 1/2, par. 578
26 815 ILCS 375/21 from Ch. 121 1/2, par. 581
27 815 ILCS 390/4 from Ch. 21, par. 204
28 815 ILCS 390/19 from Ch. 21, par. 219
29 815 ILCS 395/4 from Ch. 121 1/2, par. 141
30 815 ILCS 405/21 from Ch. 121 1/2, par. 521
31 815 ILCS 420/1 from Ch. 121 1/2, par. 1851
32 815 ILCS 420/2 from Ch. 121 1/2, par. 1852
33 815 ILCS 602/5-5.10
34 815 ILCS 602/5-45
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1 815 ILCS 605/6 from Ch. 121 1/2, par. 2106
2 820 ILCS 40/9 from Ch. 48, par. 2009
3 820 ILCS 105/3 from Ch. 48, par. 1003
4 820 ILCS 125/1 from Ch. 48, par. 198.1
5 820 ILCS 125/5.1 from Ch. 48, par. 198.5
6 820 ILCS 165/3 from Ch. 48, par. 216c
7 820 ILCS 205/1 from Ch. 48, par. 31.1
8 820 ILCS 255/11 from Ch. 48, par. 1411
9 820 ILCS 405/2105 from Ch. 48, par. 665
10 P.A. 90-590, Sec. 2001-55 rep.