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91_SB0745eng SB745 Engrossed 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 In certain cases in which a repealed Act or 15 Section has been replaced with a successor law, this Act 16 incorporates amendments to the repealed Act or Section into 17 the successor law.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. SB745 Engrossed -2- LRB9101253EGfg 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 Acts repealed January 1, 2008. The following 5 Acts are repealed on January 1, 2008: 6 The Acupuncture Practice Act. 7 The Clinical Social Work and Social Work Practice Act. 8 The Home Medical Equipment and Services Provider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 TheIllinoisNursing and Advanced Practice Nursing Actof111987. 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: SB745 Engrossed -3- LRB9101253EGfg 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 SB745 Engrossed -4- LRB9101253EGfg 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 90-588this amendatory Act of 1998or 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 SB745 Engrossed -5- LRB9101253EGfg 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 SB745 Engrossed -6- LRB9101253EGfg 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. SB745 Engrossed -7- LRB9101253EGfg 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 SB745 Engrossed -8- LRB9101253EGfg 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; SB745 Engrossed -9- LRB9101253EGfg 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 SB745 Engrossed -10- LRB9101253EGfg 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 SB745 Engrossed -11- LRB9101253EGfg 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. SB745 Engrossed -12- LRB9101253EGfg 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 SB745 Engrossed -13- LRB9101253EGfg 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 SB745 Engrossed -14- LRB9101253EGfg 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 SB745 Engrossed -15- LRB9101253EGfg 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 SB745 Engrossed -16- LRB9101253EGfg 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).this31____ day of ____, 19__.32 ................... (Official signature and official seal SB745 Engrossed -17- LRB9101253EGfg 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 SB745 Engrossed -18- LRB9101253EGfg 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; SB745 Engrossed -19- LRB9101253EGfg 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; SB745 Engrossed -20- LRB9101253EGfg 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. SB745 Engrossed -21- LRB9101253EGfg 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, 5,276, 7, 8, 9, 10, and 11above 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 SB745 Engrossed -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. SB745 Engrossed -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 ofSection 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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 3.1-10-653.1-15-65of 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. SB745 Engrossed -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. SB745 Engrossed -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. SB745 Engrossed -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).this15.... 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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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). 25this .... 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. SB745 Engrossed -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 ................" SB745 Engrossed -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. SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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. SB745 Engrossed -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 of19..... 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 SB745 Engrossed -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).this22.... 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 SB745 Engrossed -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 SB745 Engrossed -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).this15.... 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 ...................... SB745 Engrossed -52- LRB9101253EGfg 1 Subscribed and sworn to before me on (insert date).this2.... 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 SB745 Engrossed -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. SB745 Engrossed -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).this16.... 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 SB745 Engrossed -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 SB745 Engrossed -56- LRB9101253EGfg 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 SB745 Engrossed -57- LRB9101253EGfg 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.... day27of...., 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 SB745 Engrossed -58- LRB9101253EGfg 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 SB745 Engrossed -59- LRB9101253EGfg 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 SB745 Engrossed -60- LRB9101253EGfg 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 SB745 Engrossed -61- LRB9101253EGfg 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) SB745 Engrossed -62- LRB9101253EGfg 1 Subscribed and sworn to before me, an officer qualified 2 to administer oaths, on (insert date).this ...... day of3..... 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 .... SB745 Engrossed -63- LRB9101253EGfg 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).this10.... 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 SB745 Engrossed -64- LRB9101253EGfg 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. SB745 Engrossed -65- LRB9101253EGfg 1 ........................... 2 Subscribed and sworn to before me on (insert date).this3.... 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).this23.... 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 SB745 Engrossed -66- LRB9101253EGfg 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 SB745 Engrossed -67- LRB9101253EGfg 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 SB745 Engrossed -68- LRB9101253EGfg 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 of30....... 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 SB745 Engrossed -69- LRB9101253EGfg 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 SB745 Engrossed -70- LRB9101253EGfg 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: SB745 Engrossed -71- LRB9101253EGfg 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). 20this.... 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 SB745 Engrossed -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 SB745 Engrossed -73- LRB9101253EGfg 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 SB745 Engrossed -74- LRB9101253EGfg 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.... day31of.... 19...32 .................... 33 (Signature of Voter) 34 Attest ...., Clerk, Election Commission of the City SB745 Engrossed -75- LRB9101253EGfg 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 SB745 Engrossed -76- LRB9101253EGfg 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). 6this.... 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 SB745 Engrossed -77- LRB9101253EGfg 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 SB745 Engrossed -78- LRB9101253EGfg 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).this9.... 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).this29.... 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 SB745 Engrossed -79- LRB9101253EGfg 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 SB745 Engrossed -80- LRB9101253EGfg 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).this7.... 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 SB745 Engrossed -81- LRB9101253EGfg 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 SB745 Engrossed -82- LRB9101253EGfg 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 SB745 Engrossed -83- LRB9101253EGfg 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 ....27day 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 SB745 Engrossed -84- LRB9101253EGfg 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 SB745 Engrossed -85- LRB9101253EGfg 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. SB745 Engrossed -86- LRB9101253EGfg 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 SB745 Engrossed -87- LRB9101253EGfg 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 SB745 Engrossed -88- LRB9101253EGfg 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 ....12day 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 ....22A.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 SB745 Engrossed -89- LRB9101253EGfg 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 SB745 Engrossed -90- LRB9101253EGfg 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 SB745 Engrossed -91- LRB9101253EGfg 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 SB745 Engrossed -92- LRB9101253EGfg 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 SB745 Engrossed -93- LRB9101253EGfg 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 SB745 Engrossed -94- LRB9101253EGfg 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. SB745 Engrossed -95- LRB9101253EGfg 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 of31...., 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, SB745 Engrossed -96- LRB9101253EGfg 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 SB745 Engrossed -97- LRB9101253EGfg 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);the24.... 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 ....32day of .... 19...33 Signed .... (Official Character) 34 (Seal if officer has one.) SB745 Engrossed -98- LRB9101253EGfg 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 SB745 Engrossed -99- LRB9101253EGfg 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 SB745 Engrossed -100- LRB9101253EGfg 1 candidate himself or any individual, trust, partnership, 2 committee, association, corporation, oranyother 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 SB745 Engrossed -101- LRB9101253EGfg 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 SB745 Engrossed -102- LRB9101253EGfg 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.) SB745 Engrossed -103- LRB9101253EGfg 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 ....,2419...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 SB745 Engrossed -104- LRB9101253EGfg 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, SB745 Engrossed -105- LRB9101253EGfg 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 SB745 Engrossed -106- LRB9101253EGfg 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 SB745 Engrossed -107- LRB9101253EGfg 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).this6.... 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).this27.... 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 SB745 Engrossed -108- LRB9101253EGfg 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 SB745 Engrossed -109- LRB9101253EGfg 1 affirm", as the case may be). 2 ......................... 3 Subscribed and sworn to before me on (insert date).this4.... 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. SB745 Engrossed -110- LRB9101253EGfg 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 one1affidavit 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). SB745 Engrossed -111- LRB9101253EGfg 1 ...................... 2 Subscribed and sworn to before me on (insert date).this3............. 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).this18.... 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 haveshall bebeen 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 SB745 Engrossed -112- LRB9101253EGfg 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 SB745 Engrossed -113- LRB9101253EGfg 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 SB745 Engrossed -114- LRB9101253EGfg 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 SB745 Engrossed -115- LRB9101253EGfg 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 SB745 Engrossed -116- LRB9101253EGfg 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 SB745 Engrossed -117- LRB9101253EGfg 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 SB745 Engrossed -118- LRB9101253EGfg 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 SB745 Engrossed -119- LRB9101253EGfg 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 SB745 Engrossed -120- LRB9101253EGfg 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 ....2419...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 SB745 Engrossed -121- LRB9101253EGfg 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 SB745 Engrossed -122- LRB9101253EGfg 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 ....1119...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 SB745 Engrossed -123- LRB9101253EGfg 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 SB745 Engrossed -124- LRB9101253EGfg 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 ....519....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. SB745 Engrossed -125- LRB9101253EGfg 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 SB745 Engrossed -126- LRB9101253EGfg 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 SB745 Engrossed -127- LRB9101253EGfg 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 SB745 Engrossed -128- LRB9101253EGfg 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 SB745 Engrossed -129- LRB9101253EGfg 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 10-2510of 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, SB745 Engrossed -130- LRB9101253EGfg 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, SB745 Engrossed -131- LRB9101253EGfg 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 AuthorityCommission. 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 SB745 Engrossed -132- LRB9101253EGfg 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 SB745 Engrossed -133- LRB9101253EGfg 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 SB745 Engrossed -134- LRB9101253EGfg 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 SB745 Engrossed -135- LRB9101253EGfg 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 SB745 Engrossed -136- LRB9101253EGfg 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 SB745 Engrossed -137- LRB9101253EGfg 1 Director; 2 (ii) who are subject to Term Appointment under 3 Section 8b.188b18or 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. SB745 Engrossed -138- LRB9101253EGfg 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 SB745 Engrossed -139- LRB9101253EGfg 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 SB745 Engrossed -140- LRB9101253EGfg 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. SB745 Engrossed -141- LRB9101253EGfg 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); SB745 Engrossed -142- LRB9101253EGfg 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: SB745 Engrossed -143- LRB9101253EGfg 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 SB745 Engrossed -144- LRB9101253EGfg 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 SB745 Engrossed -145- LRB9101253EGfg 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 SB745 Engrossed -146- LRB9101253EGfg 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: SB745 Engrossed -147- LRB9101253EGfg 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 SB745 Engrossed -148- LRB9101253EGfg 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 5-4155-501of 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 5-4155-501of 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 SB745 Engrossed -149- LRB9101253EGfg 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 SB745 Engrossed -150- LRB9101253EGfg 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 SB745 Engrossed -151- LRB9101253EGfg 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 SB745 Engrossed -152- LRB9101253EGfg 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 SB745 Engrossed -153- LRB9101253EGfg 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 SB745 Engrossed -154- LRB9101253EGfg 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 SB745 Engrossed -155- LRB9101253EGfg 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 SB745 Engrossed -156- LRB9101253EGfg 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 SB745 Engrossed -157- LRB9101253EGfg 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 therefortherefore. 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'sWorldsFair. 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 SB745 Engrossed -158- LRB9101253EGfg 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 SB745 Engrossed -159- LRB9101253EGfg 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 SB745 Engrossed -160- LRB9101253EGfg 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 SB745 Engrossed -161- LRB9101253EGfg 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 SB745 Engrossed -162- LRB9101253EGfg 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; SB745 Engrossed -163- LRB9101253EGfg 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, providedprovidingthat 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, providedprovidingthat the local 34 committee contributes at least 25 percent in matching SB745 Engrossed -164- LRB9101253EGfg 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 proposalsproposaldetailing 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 SB745 Engrossed -165- LRB9101253EGfg 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 9proposal, 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: SB745 Engrossed -166- LRB9101253EGfg 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. SB745 Engrossed -167- LRB9101253EGfg 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, SB745 Engrossed -168- LRB9101253EGfg 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. SB745 Engrossed -169- LRB9101253EGfg 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 SB745 Engrossed -170- LRB9101253EGfg 1 and contracts for insurance with businesses within the Zone.;23 (g) Agree with local governments to provide such public 4 services within the zones by contracting with private firms 5 and organizations, where feasible and prudent. 6 (h) Solicit and receive contributions to improve the 7 quality of life in the Enterprise Zone. 8 (Source: P.A. 82-1019; revised 10-31-98.) 9 Section 20. The Illinois Promotion Act is amended by 10 changing Section 4 as follows: 11 (20 ILCS 665/4) (from Ch. 127, par. 200-24) 12 Sec. 4. The Department shall have the following powers: 13 (a) To formulate a program for the promotion of tourism 14 and the film industry in the State of Illinois, including the 15 promotion of our State Parks, fishing and hunting areas, 16 historical shrines, vacation regions and areas of historic or 17 scenic interest.;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 SB745 Engrossed -171- LRB9101253EGfg 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 IllinoisGovernor'sScience 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 SB745 Engrossed -172- LRB9101253EGfg 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 IllinoisGovernor'sScience 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 SB745 Engrossed -173- LRB9101253EGfg 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 31Governor'sScience 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, SB745 Engrossed -174- LRB9101253EGfg 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 InsuranceCompensationAct,29enacted by the Sixtieth General Assembly, and by all30amendments thereto or modifications thereof,in its own name, 31 and without any direction, supervision, or control by the 32 Director of Employment Security. SB745 Engrossed -175- LRB9101253EGfg 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. SB745 Engrossed -176- LRB9101253EGfg 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) SB745 Engrossed -177- LRB9101253EGfg 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 Act6 of4"An Act in relation to natural resources, research, data5collection and environmental studies", approved July 14,61978, 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 SB745 Engrossed -178- LRB9101253EGfg 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 SB745 Engrossed -179- LRB9101253EGfg 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 relating7to certain investments of public funds by public agencies",8approved 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 SB745 Engrossed -180- LRB9101253EGfg 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 34associationsagainst which it is drawn, in addition to the SB745 Engrossed -181- LRB9101253EGfg 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 or11hereafter 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 to18 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 GeneralAuditor-Generalor a certified public 32 accountant firm appointed by him shall conduct an annual 33 post-audit of all accounts and transactions of the Department SB745 Engrossed -182- LRB9101253EGfg 1 and other special post audits as the Auditor General 2Auditor-General, the Legislative Audit Commission, or the 3 General Assembly deemsdeemnecessary. 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 GeneralAuditor-Generalor 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 SB745 Engrossed -183- LRB9101253EGfg 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", approved22July 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 SB745 Engrossed -184- LRB9101253EGfg 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 SB745 Engrossed -185- LRB9101253EGfg 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 SB745 Engrossed -186- LRB9101253EGfg 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 SB745 Engrossed -187- LRB9101253EGfg 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). SB745 Engrossed -188- LRB9101253EGfg 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. SB745 Engrossed -189- LRB9101253EGfg 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 SB745 Engrossed -190- LRB9101253EGfg 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 SB745 Engrossed -191- LRB9101253EGfg 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 aanfacility 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. SB745 Engrossed -192- LRB9101253EGfg 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.;2627 (c) When there is neither a surviving spouse nor a 28 surviving descendant, the entire sum shall be paid to the 29 parents of the decedent in equal parts, allowing to the 30 surviving parent, if one is dead, the entire sum. 31 (d) When there is no surviving spouse, descendant 32 or parent of the decedent, but there are surviving SB745 Engrossed -193- LRB9101253EGfg 1 brothers or sisters, or descendants of a brother or 2 sister, who were receiving their principal support from 3 the decedent at his death, the entire sum shall be paid, 4 in equal parts, to the dependent brothers or sisters or 5 dependent descendant of a brother or sister. Dependency 6 shall be determined by the Court of Claims based upon the 7 investigation and report of the Attorney General. 8 When there is no beneficiary designated or surviving at 9 the death of the guardsman killed while on duty and no 10 surviving spouse, descendant, parent,nordependent 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 SB745 Engrossed -194- LRB9101253EGfg 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: SB745 Engrossed -195- LRB9101253EGfg 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. SB745 Engrossed -196- LRB9101253EGfg 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 SB745 Engrossed -197- LRB9101253EGfg 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 2460-cfor the service of the citation. Within 20twentydays 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 60f60-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 20twentydays. 32 (Source: P.A. 83-230; revised 10-31-98.) SB745 Engrossed -198- LRB9101253EGfg 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-gor 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: SB745 Engrossed -199- LRB9101253EGfg 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 SB745 Engrossed -200- LRB9101253EGfg 1 Section 5-26505-2. 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 SB745 Engrossed -201- LRB9101253EGfg 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 VIII8of 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) SB745 Engrossed -202- LRB9101253EGfg 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 withinwiththe 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 SB745 Engrossed -203- LRB9101253EGfg 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 SB745 Engrossed -204- LRB9101253EGfg 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 SB745 Engrossed -205- LRB9101253EGfg 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 SB745 Engrossed -206- LRB9101253EGfg 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 SB745 Engrossed -207- LRB9101253EGfg 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 SB745 Engrossed -208- LRB9101253EGfg 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 SB745 Engrossed -209- LRB9101253EGfg 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 SB745 Engrossed -210- LRB9101253EGfg 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 SB745 Engrossed -211- LRB9101253EGfg 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 SB745 Engrossed -212- LRB9101253EGfg 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 SB745 Engrossed -213- LRB9101253EGfg 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 SB745 Engrossed -214- LRB9101253EGfg 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 SB745 Engrossed -215- LRB9101253EGfg 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 SB745 Engrossed -216- LRB9101253EGfg 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 IllinoisLocal Governmental10 Law EnforcementOfficer'sTraining 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 SB745 Engrossed -217- LRB9101253EGfg 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 SB745 Engrossed -218- LRB9101253EGfg 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 SB745 Engrossed -219- LRB9101253EGfg 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 SB745 Engrossed -220- LRB9101253EGfg 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 SB745 Engrossed -221- LRB9101253EGfg 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. SB745 Engrossed -222- LRB9101253EGfg 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 SB745 Engrossed -223- LRB9101253EGfg 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 SB745 Engrossed -224- LRB9101253EGfg 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 orofprivate 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 SB745 Engrossed -225- LRB9101253EGfg 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. SB745 Engrossed -226- LRB9101253EGfg 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 SB745 Engrossed -227- LRB9101253EGfg 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 SB745 Engrossed -228- LRB9101253EGfg 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 SB745 Engrossed -229- LRB9101253EGfg 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 SB745 Engrossed -230- LRB9101253EGfg 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 SB745 Engrossed -231- LRB9101253EGfg 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 various25data 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, PartSectionD of the Social Security Act.The30Department shall enter into an agreement with the Illinois31Department 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 SB745 Engrossed -232- LRB9101253EGfg 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) SB745 Engrossed -233- LRB9101253EGfg 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 SB745 Engrossed -234- LRB9101253EGfg 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 SB745 Engrossed -235- LRB9101253EGfg 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 SB745 Engrossed -236- LRB9101253EGfg 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 SB745 Engrossed -237- LRB9101253EGfg 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'sStatesAttorney, 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 SB745 Engrossed -238- LRB9101253EGfg 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 SB745 Engrossed -239- LRB9101253EGfg 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 SB745 Engrossed -240- LRB9101253EGfg 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 SB745 Engrossed -241- LRB9101253EGfg 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 SB745 Engrossed -242- LRB9101253EGfg 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'sStatesAttorney, 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 SB745 Engrossed -243- LRB9101253EGfg 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: SB745 Engrossed -244- LRB9101253EGfg 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 subsectionsubsections(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 SB745 Engrossed -245- LRB9101253EGfg 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 SB745 Engrossed -246- LRB9101253EGfg 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 SB745 Engrossed -247- LRB9101253EGfg 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 9Confidentially. 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 SB745 Engrossed -248- LRB9101253EGfg 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 SB745 Engrossed -249- LRB9101253EGfg 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, SB745 Engrossed -250- LRB9101253EGfg 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; SB745 Engrossed -251- LRB9101253EGfg 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;and28 (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 SB745 Engrossed -252- LRB9101253EGfg 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 12Job Training CoordinatingCouncil. 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 IllinoisLocal GovernmentalLaw EnforcementOfficer's22 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 SB745 Engrossed -253- LRB9101253EGfg 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)is16 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)iscertified to be a dislocated worker under the 22 federal Job Training Partnership Act or any successor 23 federal Act;and24 (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.SB745 Engrossed -254- LRB9101253EGfg 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 hereinafterthereinafterreferred 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 SB745 Engrossed -255- LRB9101253EGfg 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 SB745 Engrossed -256- LRB9101253EGfg 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 SB745 Engrossed -257- LRB9101253EGfg 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;and12 (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. SB745 Engrossed -258- LRB9101253EGfg 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 SB745 Engrossed -259- LRB9101253EGfg 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 ProcedureProceduresAct. 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 SB745 Engrossed -260- LRB9101253EGfg 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 SB745 Engrossed -261- LRB9101253EGfg 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 11possessunique 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 InsuranceCompensationAct" approved June 30,281937, 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: SB745 Engrossed -262- LRB9101253EGfg 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 to4authorize the issuance and sale of bonds of the State of5Illinois for the purpose of obtaining funds to be used for6making permanent improvements at educational institutions7owned by this State and to provide for the payment of the8principal 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 of11the State of Illinois for the purpose of obtaining funds to12be used for making permanent improvements at mental health13and other public welfare institutions owned by this State and14to provide for the payment of the principal of and interest15upon such bonds"eachisauthorized 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 SB745 Engrossed -263- LRB9101253EGfg 1 in the Bond Authorization Act"AN ACT to authorize public2corporations to issue Bonds, other evidences of indebtedness3and tax anticipation warrants subject to interest rate4limitations set forth therein", approved May 26, 1970, as now5or 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, SB745 Engrossed -264- LRB9101253EGfg 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 SB745 Engrossed -265- LRB9101253EGfg 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 SB745 Engrossed -266- LRB9101253EGfg 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. SB745 Engrossed -267- LRB9101253EGfg 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 SB745 Engrossed -268- LRB9101253EGfg 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 SB745 Engrossed -269- LRB9101253EGfg 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) SB745 Engrossed -270- LRB9101253EGfg 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'smembers'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 SB745 Engrossed -271- LRB9101253EGfg 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 thresholdthreshholdfor 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 SectionsSection20 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; SB745 Engrossed -272- LRB9101253EGfg 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 SB745 Engrossed -273- LRB9101253EGfg 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",19approved 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", approved24December 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 SB745 Engrossed -274- LRB9101253EGfg 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 SB745 Engrossed -275- LRB9101253EGfg 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 2-66of 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 SB745 Engrossed -276- LRB9101253EGfg 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 SectionsSection6 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 SB745 Engrossed -277- LRB9101253EGfg 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 SectionsSection6 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)orfor 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 SB745 Engrossed -278- LRB9101253EGfg 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 6contactsand 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 SB745 Engrossed -279- LRB9101253EGfg 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 90-766this 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. SB745 Engrossed -280- LRB9101253EGfg 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 SB745 Engrossed -281- LRB9101253EGfg 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 SB745 Engrossed -282- LRB9101253EGfg 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 SB745 Engrossed -283- LRB9101253EGfg 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 SB745 Engrossed -284- LRB9101253EGfg 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 SB745 Engrossed -285- LRB9101253EGfg 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 SB745 Engrossed -286- LRB9101253EGfg 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. SB745 Engrossed -287- LRB9101253EGfg 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 SB745 Engrossed -288- LRB9101253EGfg 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 SB745 Engrossed -289- LRB9101253EGfg 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 SB745 Engrossed -290- LRB9101253EGfg 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 SB745 Engrossed -291- LRB9101253EGfg 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 SB745 Engrossed -292- LRB9101253EGfg 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 SB745 Engrossed -293- LRB9101253EGfg 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 SB745 Engrossed -294- LRB9101253EGfg 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 SB745 Engrossed -295- LRB9101253EGfg 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 SB745 Engrossed -296- LRB9101253EGfg 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 SB745 Engrossed -297- LRB9101253EGfg 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 SB745 Engrossed -298- LRB9101253EGfg 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 SB745 Engrossed -299- LRB9101253EGfg 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 SB745 Engrossed -300- LRB9101253EGfg 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; SB745 Engrossed -301- LRB9101253EGfg 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; SB745 Engrossed -302- LRB9101253EGfg 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 SB745 Engrossed -303- LRB9101253EGfg 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 SB745 Engrossed -304- LRB9101253EGfg 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;and24 (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 SB745 Engrossed -305- LRB9101253EGfg 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; SB745 Engrossed -306- LRB9101253EGfg 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; SB745 Engrossed -307- LRB9101253EGfg 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 SB745 Engrossed -308- LRB9101253EGfg 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; SB745 Engrossed -309- LRB9101253EGfg 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 SB745 Engrossed -310- LRB9101253EGfg 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 SB745 Engrossed -311- LRB9101253EGfg 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 SB745 Engrossed -312- LRB9101253EGfg 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 SB745 Engrossed -313- LRB9101253EGfg 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 SB745 Engrossed -314- LRB9101253EGfg 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;andSB745 Engrossed -315- LRB9101253EGfg 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 SB745 Engrossed -316- LRB9101253EGfg 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 SB745 Engrossed -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) SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -320- LRB9101253EGfg 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 SB745 Engrossed -321- LRB9101253EGfg 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. SB745 Engrossed -322- LRB9101253EGfg 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.The28provisions of Section 250 shall not apply to the amendments29made 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 SB745 Engrossed -323- LRB9101253EGfg 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 2504shall not apply to the amendments made by this amendatory Act5of 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 SB745 Engrossed -324- LRB9101253EGfg 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 SB745 Engrossed -325- LRB9101253EGfg 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 SB745 Engrossed -326- LRB9101253EGfg 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 SB745 Engrossed -327- LRB9101253EGfg 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 SB745 Engrossed -328- LRB9101253EGfg 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 SB745 Engrossed -329- LRB9101253EGfg 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 SB745 Engrossed -330- LRB9101253EGfg 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. SB745 Engrossed -331- LRB9101253EGfg 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 SB745 Engrossed -332- LRB9101253EGfg 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 SB745 Engrossed -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 SB745 Engrossed -334- LRB9101253EGfg 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, SB745 Engrossed -335- LRB9101253EGfg 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.;SB745 Engrossed -336- LRB9101253EGfg 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. SB745 Engrossed -337- LRB9101253EGfg 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 28ProceduresAct, 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. SB745 Engrossed -338- LRB9101253EGfg 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; SB745 Engrossed -339- LRB9101253EGfg 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. SB745 Engrossed -340- LRB9101253EGfg 1 (2) Land preserving habitat for State or federal 2 endangered or threatened species or federal candidate 3 species as defined in theFederalCode of Federalor4 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 SB745 Engrossed -341- LRB9101253EGfg 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. SB745 Engrossed -342- LRB9101253EGfg 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 2Section and Sections 18-60 through 18-95may be cited as 5 the Truth in Taxation Law. As used in this Division 2 6Sections 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 27Section and Sections 18-190 through 18-245may be cited as 28 the Property Tax Extension Limitation Law. As used in this 29 Division 5Sections 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. SB745 Engrossed -343- LRB9101253EGfg 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 SB745 Engrossed -344- LRB9101253EGfg 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 SB745 Engrossed -345- LRB9101253EGfg 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 SB745 Engrossed -346- LRB9101253EGfg 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 SB745 Engrossed -347- LRB9101253EGfg 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 SB745 Engrossed -348- LRB9101253EGfg 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 SB745 Engrossed -349- LRB9101253EGfg 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 SB745 Engrossed -350- LRB9101253EGfg 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 SB745 Engrossed -351- LRB9101253EGfg 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 SB745 Engrossed -352- LRB9101253EGfg 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 5.1Section and Sections 18-247 through 18-249.5may be cited 18 as the One-year Property Tax Extension Limitation Law. 19 As used in this Division 5.1Sections 18-246 through2018-249.5: 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 SB745 Engrossed -353- LRB9101253EGfg 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. SB745 Engrossed -354- LRB9101253EGfg 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 SB745 Engrossed -355- LRB9101253EGfg 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, SB745 Engrossed -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: SB745 Engrossed -357- LRB9101253EGfg 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 ....1019...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 SB745 Engrossed -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) SB745 Engrossed -359- LRB9101253EGfg 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 SB745 Engrossed -360- LRB9101253EGfg 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 SB745 Engrossed -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 SB745 Engrossed -362- LRB9101253EGfg 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 SB745 Engrossed -363- LRB9101253EGfg 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 SB745 Engrossed -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 .................... SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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).198 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 21-31031-310of 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 SB745 Engrossed -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 SB745 Engrossed -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),the27.... 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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -373- LRB9101253EGfg 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 SB745 Engrossed -374- LRB9101253EGfg 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 SB745 Engrossed -375- LRB9101253EGfg 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 SB745 Engrossed -376- LRB9101253EGfg 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 SB745 Engrossed -377- LRB9101253EGfg 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 SB745 Engrossed -378- LRB9101253EGfg 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 SB745 Engrossed -379- LRB9101253EGfg 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 SB745 Engrossed -380- LRB9101253EGfg 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) SB745 Engrossed -381- LRB9101253EGfg 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 31killowatt-hoursdistributed by the taxpayer in this State 32 during the taxable period, 0.140 cents per kilowatt-hour; SB745 Engrossed -382- LRB9101253EGfg 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 5killowatt-hoursdistributed 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-hourkillowatt-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 SB745 Engrossed -383- LRB9101253EGfg 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 SB745 Engrossed -384- LRB9101253EGfg 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. SB745 Engrossed -385- LRB9101253EGfg 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 SB745 Engrossed -386- LRB9101253EGfg 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 SB745 Engrossed -387- LRB9101253EGfg 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 SB745 Engrossed -388- LRB9101253EGfg 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 SB745 Engrossed -389- LRB9101253EGfg 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 5-2075-167.2. 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 SB745 Engrossed -390- LRB9101253EGfg 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 SectionSec.207-209, after due allowance is made for special reserve 21 requirements under SectionSec.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 32participatingordinance, adopted by the town electors, has SB745 Engrossed -391- LRB9101253EGfg 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 SB745 Engrossed -392- LRB9101253EGfg 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 SB745 Engrossed -393- LRB9101253EGfg 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 whowhohave 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 SB745 Engrossed -394- LRB9101253EGfg 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 SB745 Engrossed -395- LRB9101253EGfg 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 SB745 Engrossed -396- LRB9101253EGfg 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 SB745 Engrossed -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 SB745 Engrossed -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; SB745 Engrossed -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 22Local GovernmentalLaw EnforcementOfficersTraining 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 SB745 Engrossed -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 SB745 Engrossed -401- LRB9101253EGfg 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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -407- LRB9101253EGfg 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 SB745 Engrossed -408- LRB9101253EGfg 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 SB745 Engrossed -409- LRB9101253EGfg 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 SB745 Engrossed -410- LRB9101253EGfg 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'smember'sdeath orat least one year at the25date of his or herwithdrawal, 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 SB745 Engrossed -411- LRB9101253EGfg 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 isofa spouse; (2) marriage or death, if the 19 beneficiary isofa child; or (3) remarriage before age 55 or 20 death, if the beneficiary isofa parentterminates the21survivors 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 toamarriage 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, SB745 Engrossed -412- LRB9101253EGfg 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'Teachers19 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 SB745 Engrossed -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 15-132.115-132, 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 PhilippinePhillipine22Islands, or a school operated by or under the auspices of 23 any agency or department of any other state, if the person 24 (1) cannot qualify for a retirement pension or other benefit 25 based upon employer contributions from another retirement 26 system, exclusive of federal social security, based in whole 27 or in part upon this employment, and (2) pays the lesser of 28 (A) an amount equal to 8% of his or her annual basic 29 compensation on the date of becoming a participating employee 30 subsequent to this service multiplied by the number of years 31 of such service, together with compound interest from the 32 date participation begins to the date payment is received by SB745 Engrossed -414- LRB9101253EGfg 1 the board at the rate of 6% per annum through August 31, 2 1982, and at the effective rates after that date, and (B) 50% 3 of the actuarial value of the increase in the retirement 4 annuity provided by this service, and (3) contributes for at 5 least 5 years subsequent to this employment to one or more of 6 the following systems: the State Universities Retirement 7 System, the Teachers' Retirement System of the State of 8 Illinois, and the Public School Teachers' Pension and 9 Retirement Fund of Chicago. 10 The service granted under this Section shall not be 11 considered in determining whether the person has the minimum 12 of 8 years of service required to qualify for a retirement 13 annuity at age 55 or the 5 years of service required to 14 qualify for a retirement annuity at age 62, as provided in 15 Section 15-135. The maximum allowable service of 10 years 16 for this governmental employment shall be reduced by the 17 service credit which is validated under paragraph (3) of 18 Section 16-127 and paragraph 1oneof 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 17-122121 and 122 of this Articleand 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 SB745 Engrossed -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. SB745 Engrossed -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 90-582this15amendatory 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 913of 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 SB745 Engrossed -417- LRB9101253EGfg 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 of22public accounting and to repeal certain Acts therein named",23approved 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 SB745 Engrossed -418- LRB9101253EGfg 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 provisionsprovisionof 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: SB745 Engrossed -419- LRB9101253EGfg 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 SB745 Engrossed -420- LRB9101253EGfg 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. SB745 Engrossed -421- LRB9101253EGfg 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 TrainingandStandards Board to provide basic 11 training under Section 6 of the Illinois Police Training Act. 12 "Board" means the Illinois Law Enforcement Trainingand13 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 SB745 Engrossed -422- LRB9101253EGfg 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 13PoliceTraining 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 SB745 Engrossed -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).1918 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 SB745 Engrossed -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).1932 Signed and delivered in the presence of (G.H.) 33 A. B. .... (Signature) 34 C. D. .... (Signature) SB745 Engrossed -425- LRB9101253EGfg 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,7penalties, 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 SB745 Engrossed -426- LRB9101253EGfg 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 ....32day of ...., 19.33 ......................." 34 (Source: P.A. 86-962; revised 10-20-98.) SB745 Engrossed -427- LRB9101253EGfg 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 12likemanner 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 SB745 Engrossed -428- LRB9101253EGfg 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 SB745 Engrossed -429- LRB9101253EGfg 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 SB745 Engrossed -430- LRB9101253EGfg 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 SB745 Engrossed -431- LRB9101253EGfg 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 5-230095 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 SB745 Engrossed -432- LRB9101253EGfg 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.) SB745 Engrossed -433- LRB9101253EGfg 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 SB745 Engrossed -434- LRB9101253EGfg 1 the specified proceedingproceedingsis 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 SB745 Engrossed -435- LRB9101253EGfg 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. SB745 Engrossed -436- LRB9101253EGfg 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 85-13165-5. 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: SB745 Engrossed -437- LRB9101253EGfg 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. SB745 Engrossed -438- LRB9101253EGfg 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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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) SB745 Engrossed -442- LRB9101253EGfg 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 ....25day 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.) SB745 Engrossed -443- LRB9101253EGfg 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) SB745 Engrossed -444- LRB9101253EGfg 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) 33the .... day of .... 19..for the nonpayment of .... 34 installment of special assessment warrant. SB745 Engrossed -445- LRB9101253EGfg 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. SB745 Engrossed -446- LRB9101253EGfg 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)the21.... 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 SB745 Engrossed -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 SB745 Engrossed -448- LRB9101253EGfg 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 principalprincipleand 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 SB745 Engrossed -449- LRB9101253EGfg 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 SB745 Engrossed -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 SB745 Engrossed -451- LRB9101253EGfg 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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -454- LRB9101253EGfg 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 SB745 Engrossed -455- LRB9101253EGfg 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 SB745 Engrossed -456- LRB9101253EGfg 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 SB745 Engrossed -457- LRB9101253EGfg 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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -463- LRB9101253EGfg 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 SB745 Engrossed -464- LRB9101253EGfg 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 SB745 Engrossed -465- LRB9101253EGfg 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 SB745 Engrossed -466- LRB9101253EGfg 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. SB745 Engrossed -467- LRB9101253EGfg 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 SB745 Engrossed -468- LRB9101253EGfg 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 SB745 Engrossed -469- LRB9101253EGfg 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. SB745 Engrossed -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 74.511-74.5may 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 SB745 Engrossed -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), 22the .... 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.) SB745 Engrossed -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 ....,1919..,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 SB745 Engrossed -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), 14the .... 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 SB745 Engrossed -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 SB745 Engrossed -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) ontheYES 33 (insert date),.... day ofSB745 Engrossed -476- LRB9101253EGfg 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 23Section8-4-1 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 SB745 Engrossed -477- LRB9101253EGfg 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.) SB745 Engrossed -478- LRB9101253EGfg 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 SB745 Engrossed -479- LRB9101253EGfg 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.) SB745 Engrossed -480- LRB9101253EGfg 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 SB745 Engrossed -481- LRB9101253EGfg 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).this7.... 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 SB745 Engrossed -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 SB745 Engrossed -483- LRB9101253EGfg 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 SB745 Engrossed -484- LRB9101253EGfg 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 SB745 Engrossed -485- LRB9101253EGfg 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) SB745 Engrossed -486- LRB9101253EGfg 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 SB745 Engrossed -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, SB745 Engrossed -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 SB745 Engrossed -489- LRB9101253EGfg 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 SB745 Engrossed -490- LRB9101253EGfg 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. SB745 Engrossed -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 SB745 Engrossed -492- LRB9101253EGfg 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 SB745 Engrossed -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. SB745 Engrossed -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),the31.... 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 SB745 Engrossed -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..,9at the hour of ....,.. 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 SB745 Engrossed -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 .... day24of ...., 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 - SB745 Engrossed -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),the16.... 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 ....31day 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. SB745 Engrossed -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 SB745 Engrossed -499- LRB9101253EGfg 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 SB745 Engrossed -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 SB745 Engrossed -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) SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 coverageby 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 ------------------------------------------------------------- SB745 Engrossed -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 the6.... 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 SB745 Engrossed -507- LRB9101253EGfg 1 accordance with the order of the YES 2 circuit court of .... county, dated 3 (insert date),under the date4of 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, SB745 Engrossed -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 of13...., 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 SB745 Engrossed -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, bybe17 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 SB745 Engrossed -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 SB745 Engrossed -511- LRB9101253EGfg 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 SB745 Engrossed -512- LRB9101253EGfg 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 SB745 Engrossed -513- LRB9101253EGfg 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. SB745 Engrossed -514- LRB9101253EGfg 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: SB745 Engrossed -515- LRB9101253EGfg 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 SB745 Engrossed -516- LRB9101253EGfg 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 SB745 Engrossed -517- LRB9101253EGfg 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 SB745 Engrossed -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 SB745 Engrossed -519- LRB9101253EGfg 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." SB745 Engrossed -520- LRB9101253EGfg 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 SB745 Engrossed -521- LRB9101253EGfg 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; SB745 Engrossed -522- LRB9101253EGfg 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 thesuchsanitary 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 occursshall occurfrom any cause in the 29 office of anysuchmember, the unexpired portion of the term 30thereofshall be filled by appointment within 60 days by the 31saidtrustees. The board shall elect from its members a 32 chairman, vice-chairman and secretary. Each shall serve for SB745 Engrossed -523- LRB9101253EGfg 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 hearingshearingshall hear and determine 15 the charges and its findings shall be final.andIf thesuch16charges areshall besustained, the member of the civil 17 service board so charged shall be forthwith removed from 18 office by thesaidboard of hearings and the trustees shall 19 thereupon proceed within 30 days to fill the vacancy created 20 by thatsuchremoval. 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 SB745 Engrossed -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) SB745 Engrossed -525- LRB9101253EGfg 1the ..... 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 SB745 Engrossed -526- LRB9101253EGfg 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'sboards'scompliance 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 SB745 Engrossed -527- LRB9101253EGfg 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 IllinoisLocal GovernmentalLaw Enforcement 31Officers andTraining Standards Board established pursuant to 32 the"Illinois Police Training Act", approved August 18, 1965,SB745 Engrossed -528- LRB9101253EGfg 1as 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 SB745 Engrossed -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 SB745 Engrossed -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 by9the 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 theSB745 Engrossed -531- LRB9101253EGfg 1same 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 StatesStatemay 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 SB745 Engrossed -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 by23the Eighty-Second General Assembly, as the same are now or24may 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 SB745 Engrossed -533- LRB9101253EGfg 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 SB745 Engrossed -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 SB745 Engrossed -535- LRB9101253EGfg 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 Section4.09shall be paid from 34 the Public Transportation Fund to the Authority for any SB745 Engrossed -536- LRB9101253EGfg 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, SB745 Engrossed -537- LRB9101253EGfg 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 SB745 Engrossed -538- LRB9101253EGfg 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, SB745 Engrossed -539- LRB9101253EGfg 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 2.202-20; 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 SB745 Engrossed -540- LRB9101253EGfg 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, SB745 Engrossed -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 SB745 Engrossed -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 ............,619..?". 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 SB745 Engrossed -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 SB745 Engrossed -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. TRUSTEESDIRECTORS22 (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 SB745 Engrossed -545- LRB9101253EGfg 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; SB745 Engrossed -546- LRB9101253EGfg 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 the10Chicago public library to erect and maintain a public11library on Dearborn Park in the city of Chicago, and to12authorize the Soldiers' Home in Chicago to sell and13dispose of its interest in the north one-quarter of the14said 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 SB745 Engrossed -547- LRB9101253EGfg 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 SB745 Engrossed -548- LRB9101253EGfg 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 SB745 Engrossed -549- LRB9101253EGfg 1 Investment Act"An Act relating to certain investments of2public funds by public agencies", approved July 23, 1943,3as 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 4216 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 SB745 Engrossed -550- LRB9101253EGfg 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 relating18to certain investments of public funds by public agencies",19approved 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 SB745 Engrossed -551- LRB9101253EGfg 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 authorize15public corporations to issue bonds, other evidences of16indebtedness and tax anticipation warrants subject to17interest rate limitations set forth therein", approved May1826, 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 to25authorize public corporations to issue bonds, other evidences26of indebtedness and tax anticipation warrants subject to27interest rate limitations set forth therein", approved May2826, 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 SB745 Engrossed -552- LRB9101253EGfg 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 SB745 Engrossed -553- LRB9101253EGfg 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 SB745 Engrossed -554- LRB9101253EGfg 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 $0.25.25per 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. SB745 Engrossed -555- LRB9101253EGfg 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, for the purpose of paying the bonds of the Township and the 24 interest thereon. 25 Dated (insert date)......... 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, SB745 Engrossed -556- LRB9101253EGfg 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 SB745 Engrossed -557- LRB9101253EGfg 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 SB745 Engrossed -558- LRB9101253EGfg 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 SB745 Engrossed -559- LRB9101253EGfg 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 PoliceLaw Enforcementpursuant 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 PoliceLaw 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 SB745 Engrossed -560- LRB9101253EGfg 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 thethefederal 34 Elementary and Secondary Education Act of 1965; provided, SB745 Engrossed -561- LRB9101253EGfg 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 SB745 Engrossed -562- LRB9101253EGfg 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 SB745 Engrossed -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-basedoutcomes-basededucation, 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).........,1719..,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, SB745 Engrossed -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 SB745 Engrossed -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 ....6day 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 SB745 Engrossed -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 SB745 Engrossed -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),the28.... 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. SB745 Engrossed -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.....2324 Regional Board of School Trustees (or State 25 Superintendent of Education) 26 By.................................... 27 (Source: P.A. 90-459, eff. 8-17-97; revised 10-20-98.) 28 (105 ILCS 5/7A-4) (from Ch. 122, par. 7A-4) 29 Sec. 7A-4. Holding of elections. 30 (a) Elections provided by this Article shall be 31 conducted in accordance with the general election law. 32 (b) The notice for voters residing in the unit school 33 district proposed to be dissolved shall be in substantially SB745 Engrossed -569- LRB9101253EGfg 1 the following form: 2 NOTICE OF REFERENDUM TO DISSOLVE 3 A UNIT SCHOOL DISTRICT, TO CREATE 4 AN ELEMENTARY SCHOOL DISTRICT THEREFROM, 5 AND TO ANNEX THE TERRITORY THEREIN TO 6 A CONTIGUOUS HIGH SCHOOL DISTRICT 7 NOTICE is hereby given that on (insert date),the8.... 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 SB745 Engrossed -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.....2728 Regional Superintendent of Schools 29 .................................... 30 Whenever the members of the board of education of the 31 elementary school district proposed to be established are to 32 be elected at the same election at which the proposition to 33 establish that district is to be submitted to the voters, 34 that fact shall be included in the notice. SB745 Engrossed -571- LRB9101253EGfg 1 (c) The notice for voters residing in the contiguous 2 high school district proposing to annex all of the territory 3 within the unit school district proposed to be dissolved 4 shall be in substantially the following form: 5 NOTICE OF REFERENDUM 6 FOR ANNEXATION BY A HIGH 7 SCHOOL DISTRICT OF CONTIGUOUS 8 TERRITORY TO BE DISSOLVED 9 AS A UNIT SCHOOL DISTRICT 10 NOTICE is hereby given that on (insert date),the11..... 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 SB745 Engrossed -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.....1819 Regional Superintendent of Schools 20 .................................... 21 (Source: P.A. 87-10; 87-185; 87-895; revised 10-20-98.) 22 (105 ILCS 5/8-2) (from Ch. 122, par. 8-2) 23 Sec. 8-2. Bond of treasurer. Before entering upon his 24 duties, each school treasurer shall execute a bond with 2 or 25 more persons having an interest in real estate who are not 26 trustees, or a surety company authorized to do business in 27 this State, as sureties, payable to the township trustees of 28 schools in Class II county school units and to the school 29 board of each district for which he or she is treasurer or 30 its successors in office in Class I county school units and 31 conditioned upon the faithful discharge of his or her duties, 32 except that the bond required of the school treasurer of a 33 school district which is located in a Class II county school SB745 Engrossed -573- LRB9101253EGfg 1 unit but which no longer is subject to the jurisdiction and 2 authority of a township treasurer or trustees of schools of a 3 township because the district has withdrawn from the 4 jurisdiction and authority of the township treasurer and 5 trustees of schools of the township or because those offices 6 have been abolished as provided in subsection (b) or (c) of 7 Section 5-1 shall be payable to the school board of each 8 district for which he or she is treasurer or its successor in 9 office and conditioned upon the faithful discharge of his or 10 her duties. The penalty of the bond shall be 25% of the 11 amount of all bonds, notes, mortgages, moneys and effects of 12 which he is to have the custody, whether individuals act as 13 sureties or whether the surety given is by a surety company 14 authorized to do business in this State, and shall be 15 increased or decreased from time to time, as the increase or 16 decrease of the amount of notes, bonds, mortgages, moneys and 17 effects may require, and whenever in the judgment of the 18 regional superintendent of schools, or whenever in the 19 judgment of the township trustees or the school board of the 20 district by which the school treasurer was appointed or 21 elected, the penalty of the bond should be increased or 22 decreased; provided that the penalty of the bond shall not be 23 increased to more than 25% of the amount of all bonds, notes, 24 mortgages, moneys and effects of which the treasurer has 25 custody at any time. The bond of the township treasurer shall 26 be approved by at least a majority of the township trustees 27 in Class II county school units; provided that in those 28 school districts that are located in a Class II county school 29 unit but are no longer subject to the jurisdiction and 30 authority of a township treasurer and trustees of schools of 31 a township (because the districts have withdrawn from the 32 jurisdiction and authority of the township treasurer and 33 trustees of schools of the township or because those offices 34 have been abolished as provided in subsection (b) or (c) of SB745 Engrossed -574- LRB9101253EGfg 1 Section 5-1) and in Class I county school units, the bond 2 shall be approved by at least a majority of the members of 3 the school board; and in all cases the bond shall be filed 4 with the regional superintendent of schools who shall file 5 with the State Board of Education before September 1 in each 6 year an affidavit showing which treasurers of school 7 districts under his supervision and control are properly 8 bonded. The bond shall be in the following form: 9 STATE OF ILLINOIS 10 .......... COUNTY 11 We, AB, CD and EF, are obligated, jointly and severally, 12 to the (School Board of District No. ...., or trustees of 13 township .... range ....) in the above mentioned county or 14 successors in office, in the penal sum of $...., for the 15 payment of which we bind ourselves, our heirs, executors and 16 administrators. 17 Dated (insert date)........ 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) SB745 Engrossed -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 SB745 Engrossed -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).1915 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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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. SB745 Engrossed -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 ( ) ..................................... SB745 Engrossed -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 SB745 Engrossed -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. SB745 Engrossed -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 .... SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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. SB745 Engrossed -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 ............................................................. SB745 Engrossed -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 SB745 Engrossed -597- LRB9101253EGfg 1 IN SCHOOL DISTRICT NO. ........ 2 Notice is hereby given that on (insert date),the ....3day 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 SB745 Engrossed -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. SB745 Engrossed -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 ....27day 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............ SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -602- LRB9101253EGfg 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 .......27day 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 ........ SB745 Engrossed -603- LRB9101253EGfg 1 Dated (insert date). 2this ....... 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 SB745 Engrossed -604- LRB9101253EGfg 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 SB745 Engrossed -605- LRB9101253EGfg 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: SB745 Engrossed -606- LRB9101253EGfg 1 NOTICE OF REFERENDUM TO ESTABLISH 2 A COMMUNITY UNIT DISTRICT 3 NOTICE is hereby given that on (insert date),the4... 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.) SB745 Engrossed -607- LRB9101253EGfg 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),the10...... 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). 32this ...... day of ...... 19......33 Regional Superintendent of Schools 34 ................................... SB745 Engrossed -608- LRB9101253EGfg 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),the16... 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, SB745 Engrossed -609- LRB9101253EGfg 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 SB745 Engrossed -610- LRB9101253EGfg 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 recommendationsrecommmendationsfor 31 membership on the Council from statewide teacher 32 organizations. 33 The State Board of Education shall seek the advice of the SB745 Engrossed -611- LRB9101253EGfg 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 dayswritten notice but not less 6 than 4fourtimes 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.) SB745 Engrossed -612- LRB9101253EGfg 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 of23..............., 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 SB745 Engrossed -613- LRB9101253EGfg 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. SB745 Engrossed -614- LRB9101253EGfg 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 SB745 Engrossed -615- LRB9101253EGfg 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 SB745 Engrossed -616- LRB9101253EGfg 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 SB745 Engrossed -617- LRB9101253EGfg 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 SB745 Engrossed -618- LRB9101253EGfg 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 SB745 Engrossed -619- LRB9101253EGfg 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 SB745 Engrossed -620- LRB9101253EGfg 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 teachingofhospitalized or homebound pupils on-site or 34 by telephone to the classroom may be counted as 1/2 day SB745 Engrossed -621- LRB9101253EGfg 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 one1day. 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. SB745 Engrossed -622- LRB9101253EGfg 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 SB745 Engrossed -623- LRB9101253EGfg 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 ,orby 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 SB745 Engrossed -624- LRB9101253EGfg 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 SB745 Engrossed -625- LRB9101253EGfg 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 SB745 Engrossed -626- LRB9101253EGfg 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 SB745 Engrossed -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 SB745 Engrossed -628- LRB9101253EGfg 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 SB745 Engrossed -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 SB745 Engrossed -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. SB745 Engrossed -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 SB745 Engrossed -632- LRB9101253EGfg 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 11thosethe 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 SB745 Engrossed -633- LRB9101253EGfg 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 SB745 Engrossed -634- LRB9101253EGfg 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. SB745 Engrossed -635- LRB9101253EGfg 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. SB745 Engrossed -636- LRB9101253EGfg 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: SB745 Engrossed -637- LRB9101253EGfg 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. SB745 Engrossed -638- LRB9101253EGfg 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 SB745 Engrossed -639- LRB9101253EGfg 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 SB745 Engrossed -640- LRB9101253EGfg 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 SB745 Engrossed -641- LRB9101253EGfg 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;ofSeal; Signature; Credentials. SB745 Engrossed -642- LRB9101253EGfg 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, SB745 Engrossed -643- LRB9101253EGfg 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 SB745 Engrossed -644- LRB9101253EGfg 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 SB745 Engrossed -645- LRB9101253EGfg 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 SB745 Engrossed -646- LRB9101253EGfg 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 whoseParents 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 SB745 Engrossed -647- LRB9101253EGfg 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 thanthat15 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 SB745 Engrossed -648- LRB9101253EGfg 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.) SB745 Engrossed -649- LRB9101253EGfg 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. SB745 Engrossed -650- LRB9101253EGfg 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 SB745 Engrossed -651- LRB9101253EGfg 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 SB745 Engrossed -652- LRB9101253EGfg 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 SB745 Engrossed -653- LRB9101253EGfg 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 ....SB745 Engrossed -654- LRB9101253EGfg 1day 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 SB745 Engrossed -655- LRB9101253EGfg 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),the26.... 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 SB745 Engrossed -656- LRB9101253EGfg 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.."14filling the blanks with the date, monthandyear15corresponding withthe 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).1930 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 SB745 Engrossed -657- LRB9101253EGfg 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 SB745 Engrossed -658- LRB9101253EGfg 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 SB745 Engrossed -659- LRB9101253EGfg 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 SB745 Engrossed -660- LRB9101253EGfg 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 subparagraphsubpargraph22 (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, SB745 Engrossed -661- LRB9101253EGfg 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 SB745 Engrossed -662- LRB9101253EGfg 1 authorities for inclusion in the Department of State Police's 2Law Enforcement'sIllinois 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 SB745 Engrossed -663- LRB9101253EGfg 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. SB745 Engrossed -664- LRB9101253EGfg 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 SB745 Engrossed -665- LRB9101253EGfg 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 SB745 Engrossed -666- LRB9101253EGfg 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 SB745 Engrossed -667- LRB9101253EGfg 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 SB745 Engrossed -668- LRB9101253EGfg 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 SB745 Engrossed -669- LRB9101253EGfg 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 ContractorContractorsIndemnification 34 Act, and with respect to such response action contracts, SB745 Engrossed -670- LRB9101253EGfg 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 SB745 Engrossed -671- LRB9101253EGfg 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. SB745 Engrossed -672- LRB9101253EGfg 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. SB745 Engrossed -673- LRB9101253EGfg 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 SB745 Engrossed -674- LRB9101253EGfg 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.... day13of...., 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 SB745 Engrossed -675- LRB9101253EGfg 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 SB745 Engrossed -676- LRB9101253EGfg 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 SB745 Engrossed -677- LRB9101253EGfg 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 SB745 Engrossed -678- LRB9101253EGfg 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 SB745 Engrossed -679- LRB9101253EGfg 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 SB745 Engrossed -680- LRB9101253EGfg 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 SB745 Engrossed -681- LRB9101253EGfg 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 SB745 Engrossed -682- LRB9101253EGfg 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 SB745 Engrossed -683- LRB9101253EGfg 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 14-10.0114A-10.01of 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 SB745 Engrossed -684- LRB9101253EGfg 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 SB745 Engrossed -685- LRB9101253EGfg 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 SB745 Engrossed -686- LRB9101253EGfg 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 race1ace); 34 (iii) Asian American (a person having origins SB745 Engrossed -687- LRB9101253EGfg 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 SB745 Engrossed -688- LRB9101253EGfg 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: SB745 Engrossed -689- LRB9101253EGfg 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 SB745 Engrossed -690- LRB9101253EGfg 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; SB745 Engrossed -691- LRB9101253EGfg 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. SB745 Engrossed -692- LRB9101253EGfg 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 SB745 Engrossed -693- LRB9101253EGfg 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 choseschoosesin 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 bankbanksfor 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 SB745 Engrossed -694- LRB9101253EGfg 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 SB745 Engrossed -695- LRB9101253EGfg 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 SB745 Engrossed -696- LRB9101253EGfg 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 SB745 Engrossed -697- LRB9101253EGfg 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 SB745 Engrossed -698- LRB9101253EGfg 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; SB745 Engrossed -699- LRB9101253EGfg 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 SB745 Engrossed -700- LRB9101253EGfg 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 SB745 Engrossed -701- LRB9101253EGfg 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, SB745 Engrossed -702- LRB9101253EGfg 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 SB745 Engrossed -703- LRB9101253EGfg 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 SB745 Engrossed -704- LRB9101253EGfg 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. SB745 Engrossed -705- LRB9101253EGfg 1 (3) Alternative health care delivery model; 2 children's respite care center. A children'schildrens'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: SB745 Engrossed -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 SB745 Engrossed -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 SectionsSection3-311 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 TitlesTitle20 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 SB745 Engrossed -708- LRB9101253EGfg 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 SB745 Engrossed -709- LRB9101253EGfg 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 SB745 Engrossed -710- LRB9101253EGfg 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 SB745 Engrossed -711- LRB9101253EGfg 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) SB745 Engrossed -712- LRB9101253EGfg 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 6Section 5.02 ofthe 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 SectionsSection9.1 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: SB745 Engrossed -713- LRB9101253EGfg 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 enforceableenforcibleas 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 SB745 Engrossed -714- LRB9101253EGfg 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 SB745 Engrossed -715- LRB9101253EGfg 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 SB745 Engrossed -716- LRB9101253EGfg 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'sLiability 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.) SB745 Engrossed -717- LRB9101253EGfg 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 SB745 Engrossed -718- LRB9101253EGfg 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 SB745 Engrossed -719- LRB9101253EGfg 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 SB745 Engrossed -720- LRB9101253EGfg 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 30reasonings: 31 (a) age of property, 32 (b) location of property, SB745 Engrossed -721- LRB9101253EGfg 1 (c) age, sex, race, color, ancestry,ormarital 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 SB745 Engrossed -722- LRB9101253EGfg 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, SB745 Engrossed -723- LRB9101253EGfg 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 SB745 Engrossed -724- LRB9101253EGfg 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 SB745 Engrossed -725- LRB9101253EGfg 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 SB745 Engrossed -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 SB745 Engrossed -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) SB745 Engrossed -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 SB745 Engrossed -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. SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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; SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -736- LRB9101253EGfg 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 SB745 Engrossed -737- LRB9101253EGfg 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 SB745 Engrossed -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 SB745 Engrossed -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, SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -745- LRB9101253EGfg 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 SB745 Engrossed -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 229.2292.220 (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. SB745 Engrossed -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 SB745 Engrossed -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. SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -752- LRB9101253EGfg 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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 $500500SB745 Engrossed -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, SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -763- LRB9101253EGfg 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 SB745 Engrossed -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 SB745 Engrossed -765- LRB9101253EGfg 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 SB745 Engrossed -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.) SB745 Engrossed -767- LRB9101253EGfg 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 SB745 Engrossed -768- LRB9101253EGfg 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) ParagraphSec. 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, ortoany 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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -771- LRB9101253EGfg 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 SB745 Engrossed -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 SB745 Engrossed -773- LRB9101253EGfg 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 SB745 Engrossed -774- LRB9101253EGfg 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 SB745 Engrossed -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, SB745 Engrossed -776- LRB9101253EGfg 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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -780- LRB9101253EGfg 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; SB745 Engrossed -781- LRB9101253EGfg 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. SB745 Engrossed -782- LRB9101253EGfg 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 SB745 Engrossed -783- LRB9101253EGfg 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 ActService Plan Acts, 9anda 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.; and34 (g) "Farm mutual" means a district, county and SB745 Engrossed -784- LRB9101253EGfg 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 subdivisionssub-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 SectionSec.414 of this Code, and 26 (b) taxes for the purpose of maintaining the Office 27 of the State Fire Marshalof this Stateand 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 SB745 Engrossed -785- LRB9101253EGfg 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 SB745 Engrossed -786- LRB9101253EGfg 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 SB745 Engrossed -787- LRB9101253EGfg 1 employee benefit plan protected under the federal Pension 2 Benefit Guaranty Corporation; orand3 (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 SB745 Engrossed -788- LRB9101253EGfg 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 SB745 Engrossed -789- LRB9101253EGfg 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 Sectionparagraph13 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. SB745 Engrossed -790- LRB9101253EGfg 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 SB745 Engrossed -791- LRB9101253EGfg 1 this State, from the provisions of Sectionparagraph805.1 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 Sectionparagraph805.1(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: SB745 Engrossed -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 accuracyaccurancyof 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 SB745 Engrossed -793- LRB9101253EGfg 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: SB745 Engrossed -794- LRB9101253EGfg 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. SB745 Engrossed -795- LRB9101253EGfg 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 SB745 Engrossed -796- LRB9101253EGfg 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 SB745 Engrossed -797- LRB9101253EGfg 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: SB745 Engrossed -798- LRB9101253EGfg 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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -801- LRB9101253EGfg 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 SB745 Engrossed -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 SB745 Engrossed -803- LRB9101253EGfg 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 SB745 Engrossed -804- LRB9101253EGfg 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 SB745 Engrossed -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 SB745 Engrossed -806- LRB9101253EGfg 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 SB745 Engrossed -807- LRB9101253EGfg 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;or12 (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 SB745 Engrossed -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 SB745 Engrossed -809- LRB9101253EGfg 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 SB745 Engrossed -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 SB745 Engrossed -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. SB745 Engrossed -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 SectionSec.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 SB745 Engrossed -813- LRB9101253EGfg 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; SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 filedfile. 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 SB745 Engrossed -817- LRB9101253EGfg 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 SB745 Engrossed -818- LRB9101253EGfg 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 SB745 Engrossed -819- LRB9101253EGfg 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 SB745 Engrossed -820- LRB9101253EGfg 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 SB745 Engrossed -821- LRB9101253EGfg 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. SB745 Engrossed -822- LRB9101253EGfg 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 27therefore; 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; SB745 Engrossed -823- LRB9101253EGfg 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 SB745 Engrossed -824- LRB9101253EGfg 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: SB745 Engrossed -825- LRB9101253EGfg 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 SB745 Engrossed -826- LRB9101253EGfg 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 SB745 Engrossed -827- LRB9101253EGfg 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 SB745 Engrossed -828- LRB9101253EGfg 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 SB745 Engrossed -829- LRB9101253EGfg 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 SB745 Engrossed -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 SB745 Engrossed -831- LRB9101253EGfg 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 SB745 Engrossed -832- LRB9101253EGfg 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 thistheAct; or 34 (D) the merger of the small public utility or SB745 Engrossed -833- LRB9101253EGfg 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 thistheAct. SB745 Engrossed -834- LRB9101253EGfg 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, SB745 Engrossed -835- LRB9101253EGfg 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 SB745 Engrossed -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 foritin 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 SB745 Engrossed -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 SB745 Engrossed -838- LRB9101253EGfg 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 SB745 Engrossed -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 SB745 Engrossed -840- LRB9101253EGfg 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 itemssubsections(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 SB745 Engrossed -841- LRB9101253EGfg 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. SB745 Engrossed -842- LRB9101253EGfg 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 SB745 Engrossed -843- LRB9101253EGfg 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 SB745 Engrossed -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, SB745 Engrossed -845- LRB9101253EGfg 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.) SB745 Engrossed -846- LRB9101253EGfg 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. SB745 Engrossed -847- LRB9101253EGfg 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 SB745 Engrossed -848- LRB9101253EGfg 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 SB745 Engrossed -849- LRB9101253EGfg 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 electionelections. 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 SB745 Engrossed -850- LRB9101253EGfg 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", approved20June 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.) SB745 Engrossed -851- LRB9101253EGfg 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 orand/orconsulting physician, carries out the 16 practice of prevention/emergency care orand/orphysical 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; SB745 Engrossed -852- LRB9101253EGfg 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 the24athletic trainer given by the physician, who shall maintain25supervision 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.) SB745 Engrossed -853- LRB9101253EGfg 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 SB745 Engrossed -854- LRB9101253EGfg 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 SB745 Engrossed -855- LRB9101253EGfg 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 SB745 Engrossed -856- LRB9101253EGfg 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-induceddrug inducedhomicide; 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; SB745 Engrossed -857- LRB9101253EGfg 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 SB745 Engrossed -858- LRB9101253EGfg 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. SB745 Engrossed -859- LRB9101253EGfg 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. SB745 Engrossed -860- LRB9101253EGfg 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. SB745 Engrossed -861- LRB9101253EGfg 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; SB745 Engrossed -862- LRB9101253EGfg 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 SB745 Engrossed -863- LRB9101253EGfg 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 the33Department to determine his or her fitness to receive a34license; andSB745 Engrossed -864- LRB9101253EGfg 1 (c)(5) if an individualholds 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 providesof Section 10 of this Act, he or she shall7provideevidence 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 this10Actin actual attendance,at a recognized 11 university, school or college whose graduate would 12 be eligible for licensure under this Act; andthat13he or shehas 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; andshall pass19the examination specified in subsection 4 of Section2010 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 underSection 10,subsection (3)(a) 25 and (3)(b) of this SectionActshall 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 SB745 Engrossed -865- LRB9101253EGfg 1 is in a single setting. The internship experience required 2 underSection 10,subsection (3)(a) and (3)(b) of this 3 SectionActshall 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 SB745 Engrossed -866- LRB9101253EGfg 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: SB745 Engrossed -867- LRB9101253EGfg 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, SB745 Engrossed -868- LRB9101253EGfg 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 SB745 Engrossed -869- LRB9101253EGfg 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 SB745 Engrossed -870- LRB9101253EGfg 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 SB745 Engrossed -871- LRB9101253EGfg 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: SB745 Engrossed -872- LRB9101253EGfg 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 SB745 Engrossed -873- LRB9101253EGfg 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;,SB745 Engrossed -874- LRB9101253EGfg 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 SB745 Engrossed -875- LRB9101253EGfg 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 SB745 Engrossed -876- LRB9101253EGfg 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); SB745 Engrossed -877- LRB9101253EGfg 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 SB745 Engrossed -878- LRB9101253EGfg 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 thesuchlicense 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 herto theirlast knownplace ofaddress, at 24 least 60 days in advance of the expiration date of his or her 25theirlicense, 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 hertheirlicense to lapse or who has had his or hertheir32 license on inactive status may have his or hertheirlicense 33 restored by making application to the Department and filing SB745 Engrossed -879- LRB9101253EGfg 1 proof acceptable to the Department of his or hertheir2 fitness to have thetheirlicense 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'stheirfitness 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 hasthey havebeen 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 hertheirlicense 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 tothey furnishthe 26 Department with satisfactory evidence to the effect that he 27 or she hasthey havebeen so engaged and that his or her 28theirservice, 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 hertheirlicense 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 34they notifythe Department in writing of his or hertheirSB745 Engrossed -880- LRB9101253EGfg 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 7theirlicense,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 SB745 Engrossed -881- LRB9101253EGfg 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 SB745 Engrossed -882- LRB9101253EGfg 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 hertheirlicense shall be the 6 actual cost of producing thesuchcertificate. 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 SB745 Engrossed -883- LRB9101253EGfg 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) thesuchsignature is the genuine signature of 13 the Director; 14 (b) thethat suchDirector is duly appointed and 15 qualified; and 16 (c)thatthe 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 personhas applied in writing in form 27 and substance to the Department;and28 (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 SB745 Engrossed -884- LRB9101253EGfg 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 personhas 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 personhas applied in writing in form 14 and substance to the Department;and15 (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 personhas 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 SB745 Engrossed -885- LRB9101253EGfg 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 SB745 Engrossed -886- LRB9101253EGfg 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 24license; 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; SB745 Engrossed -887- LRB9101253EGfg 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 SB745 Engrossed -888- LRB9101253EGfg 1 be prima facie proof that:thereof and2 (1)Thatthe signature is the genuine signature of 3 the Director; 4 (2)Thatthe Director is duly appointed and 5 qualified; and 6 (3)Thatthe 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 thatthereof: 16 (a) theThat suchsignature is the genuine 17 signature of the Director; 18 (b) theThat suchDirector is duly appointed and 19 qualified; and 20 (c)Thatthe Board and the membersmemberthereof 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) thethat suchsignature is the genuine SB745 Engrossed -889- LRB9101253EGfg 1 signature of the Director; 2 (b) thethat suchDirector is duly appointed and 3 qualified; and 4 (c)thatthe 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. SB745 Engrossed -890- LRB9101253EGfg 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 shallMaintain 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 shallExercise 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 SB745 Engrossed -891- LRB9101253EGfg 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.; and16 (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 SB745 Engrossed -892- LRB9101253EGfg 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) theThat suchsignature is the genuine 5 signature of the Director; 6 (b) theThat suchDirector is duly appointed and 7 qualified; and 8 (c)thatthe 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) theThat suchsignature is the genuine 19 signature of the Director; 20 (b) theThat suchDirector is duly appointed and 21 qualified; and 22 (c)Thatthe 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 SB745 Engrossed -893- LRB9101253EGfg 1 Director, shall be prima facie proof that:thereof and2 (a) thethat such asignature is the genuine 3 signature of the Director; 4 (b) thethat suchDirector is duly appointed and 5 qualified; and 6 (c)thatthe 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 11licensed. 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 promoter27shall be $300 and the fee for renewal shall be calculated at28the 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. SB745 Engrossed -894- LRB9101253EGfg 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: SB745 Engrossed -895- LRB9101253EGfg 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 thatthereof: 6 (a) theThat suchsignature is the genuine 7 signature of the Director; 8 (b) theThat suchDirector is duly appointed and 9 qualified; and 10 (c)Thatthe 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 Actor the Veterinary Medicine17and Surgery Practice Act of 1983 as those Actsexisted 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 ActActs, 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.) SB745 Engrossed -896- LRB9101253EGfg 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 nonotlonger 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)thatthe signature is the genuine signature of 22 the Director; 23 (b)thatthe Director is duly appointed and 24 qualified; and 25 (c)thatthe 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) SB745 Engrossed -897- LRB9101253EGfg 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;and19 (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 SB745 Engrossed -898- LRB9101253EGfg 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) theSuchsignature is the genuine signature of 8 the Director;.9 (b) theThat suchDirector is duly appointed and 10 qualified; and.11 (c)Thatthe 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 SB745 Engrossed -899- LRB9101253EGfg 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" inunder paragraph (f) ofSection 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. SB745 Engrossed -900- LRB9101253EGfg 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 SB745 Engrossed -901- LRB9101253EGfg 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 SB745 Engrossed -902- LRB9101253EGfg 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 SB745 Engrossed -903- LRB9101253EGfg 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 AdministrativeAdministrationProcedure 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) theSuchsignature is the genuine signature of 30 the Director;.31 (b) theThat suchDirector is duly appointed and SB745 Engrossed -904- LRB9101253EGfg 1 qualified; and.2 (c)Thatthe 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) theSuchsignature is the genuine signature of 15 the Director; and.16 (b) theThat suchDirector 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) theSuchsignature is the genuine signature of 27 the Director;.28 (b)Thatthe Director is duly appointed and 29 qualified; and.30 (c)Thatthe Board and the members thereof are SB745 Engrossed -905- LRB9101253EGfg 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. theSuchsignature is the genuine signature of 11 the Director;.12 2. theThat suchDirector is duly appointed and 13 qualified; and.14 3.Thatthe 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 SB745 Engrossed -906- LRB9101253EGfg 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; SB745 Engrossed -907- LRB9101253EGfg 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 1,0001000hours of teacher training in a 9 licensed school of cosmetology;and10 (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 SB745 Engrossed -908- LRB9101253EGfg 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 licenselicensesas an esthetician or 10 teacherestheticians, teachersof esthetics at such times and 11 places as it may determine. The Department shall authorize 12 no fewernot lessthan 4 examinations for a license as an 13 esthetician or a teacher ofestheticians,estheticsteachers14 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 SB745 Engrossed -909- LRB9101253EGfg 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; SB745 Engrossed -910- LRB9101253EGfg 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. SB745 Engrossed -911- LRB9101253EGfg 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 25evidence. 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. theSuchsignature is the genuine signature of 30 the Director;.31 2. theThat suchDirector is duly appointed and 32 qualified; and.33 3.Thatthe Committee and the members thereof are SB745 Engrossed -912- LRB9101253EGfg 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 and11 (1)Thatthe signature is the genuine signature of 12 the Director; 13 (2)Thatthe Director is duly appointed and 14 qualified; and 15 (3)Thatthe 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) theThat suchsignature is the genuine 26 signature of the Director; 27 (b) theThat suchDirector is duly appointed and 28 qualified; and 29 (c)Thatthe Committee and the members thereof are 30 qualified to act. SB745 Engrossed -913- LRB9101253EGfg 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.ThatNo 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, SB745 Engrossed -914- LRB9101253EGfg 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. SB745 Engrossed -915- LRB9101253EGfg 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 SB745 Engrossed -916- LRB9101253EGfg 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: SB745 Engrossed -917- LRB9101253EGfg 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 SB745 Engrossed -918- LRB9101253EGfg 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 SB745 Engrossed -919- LRB9101253EGfg 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 SB745 Engrossed -920- LRB9101253EGfg 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 SB745 Engrossed -921- LRB9101253EGfg 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 SB745 Engrossed -922- LRB9101253EGfg 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 SB745 Engrossed -923- LRB9101253EGfg 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 SB745 Engrossed -924- LRB9101253EGfg 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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -928- LRB9101253EGfg 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: SB745 Engrossed -929- LRB9101253EGfg 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. SB745 Engrossed -930- LRB9101253EGfg 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 SB745 Engrossed -931- LRB9101253EGfg 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 SB745 Engrossed -932- LRB9101253EGfg 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. 11SuchProceedings 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. ExhibitsExhibitshall 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,thereofshall be prima facie proof, 29 subject to being rebutted, that: 30 (1) the(a) Suchsignature is the genuine signature 31 of the Director; 32 (2) the(b) That suchDirector is duly appointed 33 and qualified; and SB745 Engrossed -933- LRB9101253EGfg 1 (3)(c) Thatthe 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 SB745 Engrossed -934- LRB9101253EGfg 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 SB745 Engrossed -935- LRB9101253EGfg 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 SB745 Engrossed -936- LRB9101253EGfg 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 SB745 Engrossed -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 an11assumed name in the conduct or transaction of business in12this 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 SB745 Engrossed -938- LRB9101253EGfg 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. SB745 Engrossed -939- LRB9101253EGfg 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 SB745 Engrossed -940- LRB9101253EGfg 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 SB745 Engrossed -941- LRB9101253EGfg 1 contribution, if such disclosure is requested by the person 2 solicited. 3 (c) Any person,orprofessional 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 isthey7arein 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 10theyshall promptly provide his or hertheiractual name, the 11 exact legal name of the organization with which he or she is 12they areemployed 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 SB745 Engrossed -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 12bonafidejob 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 SB745 Engrossed -943- LRB9101253EGfg 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 10-3511of 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. SB745 Engrossed -944- LRB9101253EGfg 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 7saidinspector,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 hindrancehinderanceor 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. SB745 Engrossed -945- LRB9101253EGfg 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 SB745 Engrossed -946- LRB9101253EGfg 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 5-35subsections115(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 SB745 Engrossed -947- LRB9101253EGfg 1 owned to mine by surface mining and to reclaim the land so 2 described. Such application shall be accompanied by: (i)(a)3a bond or security meeting the requirements of Section 8 of 4 this Act; and (ii)(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; SB745 Engrossed -948- LRB9101253EGfg 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 SB745 Engrossed -949- LRB9101253EGfg 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. 815.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 subsectionparagraph(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 SB745 Engrossed -950- LRB9101253EGfg 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 subsectionsubparagraph(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, SB745 Engrossed -951- LRB9101253EGfg 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 subsectionsubparagraph(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: SB745 Engrossed -952- LRB9101253EGfg 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 SB745 Engrossed -953- LRB9101253EGfg 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. SB745 Engrossed -954- LRB9101253EGfg 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, SB745 Engrossed -955- LRB9101253EGfg 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. SB745 Engrossed -956- LRB9101253EGfg 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. MembersThe22memberof 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 SB745 Engrossed -957- LRB9101253EGfg 1 a single raffles manager designated by the organization. The 2 manager shall give a fidelity bond inthe sum ofan 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)2of 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 SB745 Engrossed -958- LRB9101253EGfg 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)2of 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 2-1 301-3.01 through 1-3.35. 31 (Source: P.A. 88-91; revised 10-31-98.) SB745 Engrossed -959- LRB9101253EGfg 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 SB745 Engrossed -960- LRB9101253EGfg 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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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. SB745 Engrossed -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. SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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-classSecond29ClassWine 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 SB745 Engrossed -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,60times 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 25originates, terminates or makes26 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 SB745 Engrossed -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; transferabilitytransfer 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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 licenseelicense. SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -978- LRB9101253EGfg 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 SB745 Engrossed -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 SB745 Engrossed -980- LRB9101253EGfg 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 SB745 Engrossed -981- LRB9101253EGfg 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: SB745 Engrossed -982- LRB9101253EGfg 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).this29.... day of .... 19...30 ............................ 31 (Name of officer.) 32 ............................ 33 (Official title of officer.) 34 (Source: P.A. 83-346; revised 10-20-98.) SB745 Engrossed -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 SB745 Engrossed -984- LRB9101253EGfg 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 SB745 Engrossed -985- LRB9101253EGfg 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).1920 ............................... 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 SB745 Engrossed -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 SB745 Engrossed -987- LRB9101253EGfg 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 SB745 Engrossed -988- LRB9101253EGfg 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 whetherifa 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: SB745 Engrossed -989- LRB9101253EGfg 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 SectionSections15 2-25, 2-26, 3-26,and3-27, 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, hashaverendered 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 SB745 Engrossed -990- LRB9101253EGfg 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 groupgroups21of facilities after which rates shall be paid on a 22 reasonable cost related basis which shall be no sooner than 23 the effective date of this amendatory Act of 1977. 24 (Source: P.A. 83-17; revised 10-31-98.) 25 (305 ILCS 5/5-5.4a) 26 Sec. 5-5.4a. Intermediate Care Facility for the 27 Developmentally Disabled; bed reserve payments. 28 The Department of Public Aid shall promulgate rules by 29 October 1, 1993 which establish a policy of bed reserve 30 payments to Intermediate Care Facilities for the 31 Developmentally Disabled which addresses the needs of 32 residents of Intermediate Care Facilities for the 33 Developmentally Disabled (ICF/DD) and their families. SB745 Engrossed -991- LRB9101253EGfg 1 (a) When a resident of an Intermediate Care Facility for 2 the Developmentally Disabled (ICF/DD) is absent from the 3 ICF/DD in which he or she isthey area resident for purposes 4 of physician authorized in-patient admission to a hospital, 5 the Department's rules shall, at a minimum, provideprovided6 (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 8tenconsecutive 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 10tenconsecutive days but does not 11 exceed 30thirtyconsecutive 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 45forty-fiveconsecutive 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 isthey area 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 10tendays 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 10tendays 24 per State fiscal year but does not exceed 30thirtydays 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) SB745 Engrossed -992- LRB9101253EGfg 1 Sec. 5-11.1. Cooperative arrangements; contractswith2other State agencies, health care and rehabilitation3organizations, 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 SB745 Engrossed -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 SB745 Engrossed -994- LRB9101253EGfg 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 SB745 Engrossed -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 SB745 Engrossed -996- LRB9101253EGfg 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 SB745 Engrossed -997- LRB9101253EGfg 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 SB745 Engrossed -998- LRB9101253EGfg 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 SB745 Engrossed -999- LRB9101253EGfg 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. 12in accordance with the Income Withholding for Support Act13 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 SB745 Engrossed -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 offices23are open for regular business.24(a-5) State the date of entry of the order for25support upon which the income withholding notice is26based; and ; and27(k) Contain the signature of the obligee or the28printed name and telephone number of the authorized29representative of the public office, except that the30failure to contain the signature of the obligee or the31printed name and telephone number of the authorized32representative of the public office shall not affect the33validity of the income withholding notice. A copy of theSB745 Engrossed -1001- LRB9101253EGfg 1income withholding notice together with A copy of the2income withholding notice together with a proof of3service on the other payor shall be filed with the Clerk4of the Circuit Court.5(9) income notice income notice income notice6 (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 SB745 Engrossed -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 to12Engage in Employment"duty to accept employmentConditions13Under 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 and25agencies", 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 SB745 Engrossed -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,or33 (b) there being no applicable minimum wage as 34 determined in (a), the wage is certified by the Illinois SB745 Engrossed -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.) SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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's25lien and for enforcement of same", filed June 16, 1909, as26amended. 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 SB745 Engrossed -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 9,91951, 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 by12wrongful act, neglect or default", approved February 12,131853, 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 SB745 Engrossed -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 SB745 Engrossed -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: SB745 Engrossed -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 10tenyears 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 centper annum. SB745 Engrossed -1013- LRB9101253EGfg 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 SB745 Engrossed -1014- LRB9101253EGfg 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 2twoor more approved projects or the 7 extension orofamendment 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: SB745 Engrossed -1015- LRB9101253EGfg 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; SB745 Engrossed -1016- LRB9101253EGfg 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 SB745 Engrossed -1017- LRB9101253EGfg 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 SB745 Engrossed -1018- LRB9101253EGfg 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 precedingproceeding2 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. SB745 Engrossed -1019- LRB9101253EGfg 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 SB745 Engrossed -1020- LRB9101253EGfg 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 3203of 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 SB745 Engrossed -1021- LRB9101253EGfg 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 SB745 Engrossed -1022- LRB9101253EGfg 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;and25 (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) SB745 Engrossed -1023- LRB9101253EGfg 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 SB745 Engrossed -1024- LRB9101253EGfg 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 SB745 Engrossed -1025- LRB9101253EGfg 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: SB745 Engrossed -1026- LRB9101253EGfg 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 housing12authorities", 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-Second33General Assembly. When a Land Clearance Commission or such a 34 Department of Urban Renewal is created for a municipality SB745 Engrossed -1027- LRB9101253EGfg 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 2two (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; SB745 Engrossed -1028- LRB9101253EGfg 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 SB745 Engrossed -1029- LRB9101253EGfg 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 SB745 Engrossed -1030- LRB9101253EGfg 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)................ 19SB745 Engrossed -1031- LRB9101253EGfg 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 subsectionparagraph(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 SB745 Engrossed -1032- LRB9101253EGfg 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 subsectionparagraph( 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 subsectionparagraph( 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 SB745 Engrossed -1033- LRB9101253EGfg 1 provisions of this Actarticleare inconsistent with the 2 provisions of any other law, the provisions of this Act 3articleshall 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 SB745 Engrossed -1034- LRB9101253EGfg 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. 13 (8) "Frail or Disabled Adult" shall mean any person 14 suffering from Alzheimer's disease and who is 55 years of age 15 or older or any adult 60 years of age or older, who is unable 16 to attend to his or her daily needs without the assistance or 17 regular supervision of a care-giver due to mental or physical 18 impairment and who is otherwise eligible for services on the 19 basis of his level of impairment. 20 (9) "Emergency respite care" means the immediate 21 placement of a trained, in-home respite care worker in the 22 home during an emergency or unplanned event to substitute for 23 the primary care-giver. Emergency respite care may be 24 provided in the home on one or more occasions unless an 25 extension is deemed necessary by the case coordination unit. 26 When there is an urgent need for emergency respite care, 27 procedures to accommodate this need must be determined. An 28 emergency is: 29 (a) An unplanned event that results in the 30 immediate and unavoidable absence of the primary 31 care-giver from the home in an excess of 4 hours at a 32 time when no other qualified care-giver is available. 33 (b) An unplanned situation that prevents the 34 primary care-giver from providing the care required by a SB745 Engrossed -1035- LRB9101253EGfg 1 frail or abused or functionally disabled or cognitively 2 impaired adult living at home. 3 (c) An unplanned event that threatens the health 4 and safety of the disabled adult. 5 (d) An unplanned event that threatens the health 6 and safety of the primary care-giver thereby placing the 7 frail or abused or functionally disabled or cognitively 8 impaired older adult in danger. 9 (10) "Primary care-giver" means the spouse, relative, or 10 friend, 18 years of age or older, who provides the daily 11 in-home care and supervision of a frail or abused or 12 functionally disabled or cognitively impaired older adult. A 13 primary care-giver may, but does not need to, reside in the 14 same household as the frail or abused or functionally 15 disabled or cognitively impaired adult. A primary care-giver 16 requires intermittent relief from their caregiving duties to 17 continue to function as the primary care-giver. 18 (Source: P.A. 86-820; 87-974; revised 10-31-98.) 19 Section 180. The Elder Abuse and Neglect Act is amended 20 by changing Section 2 as follows: 21 (320 ILCS 20/2) (from Ch. 23, par. 6602) 22 Sec. 2. Definitions. As used in this Act, unless the 23 context requires otherwise: 24 (a) "Abuse" means causing any physical, mental or sexual 25 injury to an eligible adult, including exploitation of such 26 adult's financial resources. 27 Nothing in this Act shall be construed to mean that an 28 eligible adult is a victim of abuse or neglect for the sole 29 reason that he or she is being furnished with or relies upon 30 treatment by spiritual means through prayer alone, in 31 accordance with the tenets and practices of a recognized 32 church or religious denomination. SB745 Engrossed -1036- LRB9101253EGfg 1 Nothing in this Act shall be construed to mean that an 2 eligible adult is a victim of abuse because of health care 3 services provided or not provided by licensed health care 4 professionals. 5 (a-5) "Abuser" means a person who abuses, neglects, or 6 financially exploits an eligible adult. 7 (a-7) "Caregiver" means a person who either as a result 8 of a family relationship, voluntarily, or in exchange for 9 compensation has assumed responsibility for all or a portion 10 of the care of an eligible adult who needs assistance with 11 activities of daily living. 12 (b) "Department" means the Department on Aging of the 13 State of Illinois. 14 (c) "Director" means the Director of the Department. 15 (d) "Domestic living situation" means a residence where 16 the eligible adult lives alone or with his or her family or a 17 caregiver, or others, or a board and care home or other 18 community-based unlicensed facility, but is not: 19 (1) A licensed facility as defined in Section 1-113 20 of the Nursing Home Care Act; 21 (2) A "life care facility" as defined in the Life 22 Care Facilities Act; 23 (3) A home, institution, or other place operated by 24 the federal government or agency thereof or by the State 25 of Illinois; 26 (4) A hospital, sanitarium, or other institution, 27 the principal activity or business of which is the 28 diagnosis, care, and treatment of human illness through 29 the maintenance and operation of organized facilities 30 therefor, which is required to be licensed under the 31 Hospital Licensing Act; 32 (5) A "community living facility" as defined in the 33 Community Living Facilities Licensing Act; 34 (6) A "community residential alternative" as SB745 Engrossed -1037- LRB9101253EGfg 1 defined in the Community Residential Alternatives 2 Licensing Act; and 3 (7) A "community-integrated living arrangement" as 4 defined in the Community-Integrated Living Arrangements 5 Licensure and Certification Act. 6 (e) "Eligible adult" means a person 60 years of age or 7 older who resides in a domestic living situation and is, or 8 is alleged to be, abused, neglected, or financially exploited 9 by another individual. 10 (f) "Emergency" means a situation in which an eligible 11 adult is living in conditions presenting a risk of death or 12 physical, mental or sexual injury and the provider agency has 13 reason to believe the eligible adult is unable to consent to 14 services which would alleviate that risk. 15 (f-5) "Mandated reporter" means any of the following 16 persons while engaged in carrying out their professional 17 duties: 18 (1) a professional or professional's delegate while 19 engaged in: (i) social services, (ii) law enforcement, 20 (iii) education, (iv) the care of an eligible adult or 21 eligible adults, or (v) any of the occupations required 22 to be licensed under the Clinical Psychologist Licensing 23 Act, the Clinical Social Work and Social Work Practice 24 Act, the Illinois Dental Practice Act, the Dietetic and 25 Nutrition Services Practice Act, the Marriage and Family 26 Therapy Licensing Act, the Medical Practice Act of 1987, 27 the Naprapathic Practice Act, theIllinoisNursing and 28 Advanced Practice Nursing Actof 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 SB745 Engrossed -1038- LRB9101253EGfg 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 SB745 Engrossed -1039- LRB9101253EGfg 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 SB745 Engrossed -1040- LRB9101253EGfg 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 on16mobile 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 SB745 Engrossed -1041- LRB9101253EGfg 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 SB745 Engrossed -1042- LRB9101253EGfg 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 SB745 Engrossed -1043- LRB9101253EGfg 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 SB745 Engrossed -1044- LRB9101253EGfg 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 SB745 Engrossed -1045- LRB9101253EGfg 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 SB745 Engrossed -1046- LRB9101253EGfg 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 to30require prompt payments by the State of Illinois for31goods 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. SB745 Engrossed -1047- LRB9101253EGfg 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 3.163-16of 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 SB745 Engrossed -1048- LRB9101253EGfg 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. SB745 Engrossed -1049- LRB9101253EGfg 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 SB745 Engrossed -1050- LRB9101253EGfg 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 SB745 Engrossed -1051- LRB9101253EGfg 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. SB745 Engrossed -1052- LRB9101253EGfg 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 SB745 Engrossed -1053- LRB9101253EGfg 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. SB745 Engrossed -1054- LRB9101253EGfg 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); SB745 Engrossed -1055- LRB9101253EGfg 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 SB745 Engrossed -1056- LRB9101253EGfg 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 SB745 Engrossed -1057- LRB9101253EGfg 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.) SB745 Engrossed -1058- LRB9101253EGfg 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. SB745 Engrossed -1059- LRB9101253EGfg 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; SB745 Engrossed -1060- LRB9101253EGfg 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 Act20in relation to the protection and advocacy of the rights of21persons with developmental disabilities, and amending Acts22therein 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. SB745 Engrossed -1061- LRB9101253EGfg 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 6thisAct. 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 Actthis 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 orofadmission 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, SB745 Engrossed -1062- LRB9101253EGfg 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 SB745 Engrossed -1063- LRB9101253EGfg 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) SB745 Engrossed -1064- LRB9101253EGfg 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 3e3 (e)and responding thereto. The Department shall make SB745 Engrossed -1065- LRB9101253EGfg 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 oforArticle 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 SB745 Engrossed -1066- LRB9101253EGfg 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 17experienceby 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: SB745 Engrossed -1067- LRB9101253EGfg 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 SB745 Engrossed -1068- LRB9101253EGfg 1the Illinois Rural HealthAct. 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 SB745 Engrossed -1069- LRB9101253EGfg 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; SB745 Engrossed -1070- LRB9101253EGfg 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 SB745 Engrossed -1071- LRB9101253EGfg 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 womanwomenwho 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.;SB745 Engrossed -1072- LRB9101253EGfg 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; SB745 Engrossed -1073- LRB9101253EGfg 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.; and30 (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 SB745 Engrossed -1074- LRB9101253EGfg 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; SB745 Engrossed -1075- LRB9101253EGfg 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 SB745 Engrossed -1076- LRB9101253EGfg 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 SB745 Engrossed -1077- LRB9101253EGfg 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 ProductsProductInspection 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. SB745 Engrossed -1078- LRB9101253EGfg 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 VII7of 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 SB745 Engrossed -1079- LRB9101253EGfg 1 determination pursuant to this Section. The provisions of 2 Section 27(b)27bof 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 SB745 Engrossed -1080- LRB9101253EGfg 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 SB745 Engrossed -1081- LRB9101253EGfg 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 SB745 Engrossed -1082- LRB9101253EGfg 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 SB745 Engrossed -1083- LRB9101253EGfg 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 SB745 Engrossed -1084- LRB9101253EGfg 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 oilfor final disposalthat is discerniblediscernablein the 6 course of prudent business operation. 7 (c) For purposes of this Section, "liquid used oil" does 8shallnot 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 pollutionpollutional19 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 SB745 Engrossed -1085- LRB9101253EGfg 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: SB745 Engrossed -1086- LRB9101253EGfg 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's21 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 SB745 Engrossed -1087- LRB9101253EGfg 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. SB745 Engrossed -1088- LRB9101253EGfg 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. SB745 Engrossed -1089- LRB9101253EGfg 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 SB745 Engrossed -1090- LRB9101253EGfg 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 SB745 Engrossed -1091- LRB9101253EGfg 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 thistheTitle 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 SB745 Engrossed -1092- LRB9101253EGfg 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 Titlewhichisto, 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 SB745 Engrossed -1093- LRB9101253EGfg 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. SB745 Engrossed -1094- LRB9101253EGfg 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 SB745 Engrossed -1095- LRB9101253EGfg 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 SB745 Engrossed -1096- LRB9101253EGfg 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 SB745 Engrossed -1097- LRB9101253EGfg 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. SB745 Engrossed -1098- LRB9101253EGfg 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 SB745 Engrossed -1099- LRB9101253EGfg 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 SB745 Engrossed -1100- LRB9101253EGfg 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. SB745 Engrossed -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 SB745 Engrossed -1102- LRB9101253EGfg 1 implemented under Section 3 of this Act,Section 4 of the2Solid 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 SB745 Engrossed -1103- LRB9101253EGfg 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 ProposalsProposalto 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.) SB745 Engrossed -1104- LRB9101253EGfg 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 ProposalsProposalthat 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 27Proposaland 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. SB745 Engrossed -1105- LRB9101253EGfg 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 SB745 Engrossed -1106- LRB9101253EGfg 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 Section1 of this Actby 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 this10Act. 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; SB745 Engrossed -1107- LRB9101253EGfg 1 and.2 (4) 5 members, including one appointed, 1by 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 ProcedureProceduresAct. 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 SB745 Engrossed -1108- LRB9101253EGfg 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 ProcedureProceduresAct 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 SB745 Engrossed -1109- LRB9101253EGfg 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 ProcedureProceduresAct, 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. SB745 Engrossed -1110- LRB9101253EGfg 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 EnvironmentalEnvironmentProtection 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 SB745 Engrossed -1111- LRB9101253EGfg 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 20033shall 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. SB745 Engrossed -1112- LRB9101253EGfg 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 SB745 Engrossed -1113- LRB9101253EGfg 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 SB745 Engrossed -1114- LRB9101253EGfg 1 Po 1 Fe 100 Tl 100 2 211 65 203 3 At 1 ZnAn100 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 SB745 Engrossed -1115- LRB9101253EGfg 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 SB745 Engrossed -1116- LRB9101253EGfg 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. SB745 Engrossed -1117- LRB9101253EGfg 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 includesterms includeinns, 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 SB745 Engrossed -1118- LRB9101253EGfg 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;or7 (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; andor24 (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 SB745 Engrossed -1119- LRB9101253EGfg 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 SB745 Engrossed -1120- LRB9101253EGfg 1 addition contain a statement that the public hearing will be 2heheld 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 theIllinois "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 SB745 Engrossed -1121- LRB9101253EGfg 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 SB745 Engrossed -1122- LRB9101253EGfg 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.) SB745 Engrossed -1123- LRB9101253EGfg 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) SB745 Engrossed -1124- LRB9101253EGfg 1 Sec. 2c. Upon a finding that there existexistsin 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 existexistsin 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. InjuringInjuryor 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 SB745 Engrossed -1125- LRB9101253EGfg 1 agency in the performance of the functions or duties of the 2suchdepartment 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. SB745 Engrossed -1126- LRB9101253EGfg 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 SB745 Engrossed -1127- LRB9101253EGfg 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 SB745 Engrossed -1128- LRB9101253EGfg 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 10-9510.95. 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 ProcedureProceduresActas amended. SB745 Engrossed -1129- LRB9101253EGfg 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 SB745 Engrossed -1130- LRB9101253EGfg 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 SectionsSection2.25, 2.26, and 3.23 and the administrative 10 rules issued under the provisions of thosesuchSections. It 11 is unlawful for any person to knowingly take any all-white 12all whitewhitetail 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;, or23 (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;and28 (3) to take plants on the Illinois List without the 29 expressexpressedwritten 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. SB745 Engrossed -1131- LRB9101253EGfg 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 expressexpressedwritten 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. SB745 Engrossed -1132- LRB9101253EGfg 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 SB745 Engrossed -1133- LRB9101253EGfg 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 ProcedureProceduresAct 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 SB745 Engrossed -1134- LRB9101253EGfg 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 SB745 Engrossed -1135- LRB9101253EGfg 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 SB745 Engrossed -1136- LRB9101253EGfg 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 SB745 Engrossed -1137- LRB9101253EGfg 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 SB745 Engrossed -1138- LRB9101253EGfg 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 neededneedfor 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 SB745 Engrossed -1139- LRB9101253EGfg 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 SB745 Engrossed -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 29CompensationAct". 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 SB745 Engrossed -1141- LRB9101253EGfg 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 SB745 Engrossed -1142- LRB9101253EGfg 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 SB745 Engrossed -1143- LRB9101253EGfg 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 11attorney-generalor 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 anyoneany oneto 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 SB745 Engrossed -1144- LRB9101253EGfg 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 30thirty (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 anin"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. SB745 Engrossed -1145- LRB9101253EGfg 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'sheriffsoffices 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 SB745 Engrossed -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 FahrenheitF., 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.) SB745 Engrossed -1147- LRB9101253EGfg 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 constructedconstruedto 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 SB745 Engrossed -1148- LRB9101253EGfg 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. SB745 Engrossed -1149- LRB9101253EGfg 1 (f)Title or registration search and certification2thereof - 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, SB745 Engrossed -1150- LRB9101253EGfg 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. SB745 Engrossed -1151- LRB9101253EGfg 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. SB745 Engrossed -1152- LRB9101253EGfg 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 SB745 Engrossed -1153- LRB9101253EGfg 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. SB745 Engrossed -1154- LRB9101253EGfg 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 exceptto: (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 SB745 Engrossed -1155- LRB9101253EGfg 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. DefinitionDefinitions. For the purposes of 31 this Chapter, "owner" meansthe following words shall have32the meanings ascribed to them as follows: Owner.a person who 33 holds legal document of ownership of a vehicle, limited to a SB745 Engrossed -1156- LRB9101253EGfg 1 certificate of origin, certificate of title, salvage 2 certificate, or junking certificate. However,Orin 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; SB745 Engrossed -1157- LRB9101253EGfg 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 SB745 Engrossed -1158- LRB9101253EGfg 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 SB745 Engrossed -1159- LRB9101253EGfg 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. SB745 Engrossed -1160- LRB9101253EGfg 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 SB745 Engrossed -1161- LRB9101253EGfg 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) SB745 Engrossed -1162- LRB9101253EGfg 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 SB745 Engrossed -1163- LRB9101253EGfg 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 SB745 Engrossed -1164- LRB9101253EGfg 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 SB745 Engrossed -1165- LRB9101253EGfg 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 3031, 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 SB745 Engrossed -1166- LRB9101253EGfg 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 SB745 Engrossed -1167- LRB9101253EGfg 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 SB745 Engrossed -1168- LRB9101253EGfg 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 SB745 Engrossed -1169- LRB9101253EGfg 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 SB745 Engrossed -1170- LRB9101253EGfg 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 SB745 Engrossed -1171- LRB9101253EGfg 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: SB745 Engrossed -1172- LRB9101253EGfg 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 applicantqualifyinga driver's license as applied 28 for, whichthelicense 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 SB745 Engrossed -1173- LRB9101253EGfg 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 SB745 Engrossed -1174- LRB9101253EGfg 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 SB745 Engrossed -1175- LRB9101253EGfg 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 SB745 Engrossed -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; SB745 Engrossed -1177- LRB9101253EGfg 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 SB745 Engrossed -1178- LRB9101253EGfg 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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -1181- LRB9101253EGfg 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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -1186- LRB9101253EGfg 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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -1189- LRB9101253EGfg 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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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. SB745 Engrossed -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.; or30 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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 permitwhen: 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 Sectionparagraph (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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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'spersons'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 SB745 Engrossed -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;and34 4. Whether the person did refuse to submit to or SB745 Engrossed -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. WhetherThatsuch 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;orSB745 Engrossed -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 SB745 Engrossed -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'sdriverlicense, 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. SB745 Engrossed -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 SB745 Engrossed -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 hashavenot 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 SB745 Engrossed -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 SB745 Engrossed -1210- LRB9101253EGfg 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 SB745 Engrossed -1211- LRB9101253EGfg 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, SB745 Engrossed -1212- LRB9101253EGfg 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 SB745 Engrossed -1213- LRB9101253EGfg 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 SB745 Engrossed -1214- LRB9101253EGfg 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 SB745 Engrossed -1215- LRB9101253EGfg 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 SB745 Engrossed -1216- LRB9101253EGfg 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 SB745 Engrossed -1217- LRB9101253EGfg 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 SB745 Engrossed -1218- LRB9101253EGfg 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 SB745 Engrossed -1219- LRB9101253EGfg 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 SB745 Engrossed -1220- LRB9101253EGfg 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 SB745 Engrossed -1221- LRB9101253EGfg 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.) SB745 Engrossed -1222- LRB9101253EGfg 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 SB745 Engrossed -1223- LRB9101253EGfg 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, SB745 Engrossed -1224- LRB9101253EGfg 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 InThecases 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 SB745 Engrossed -1225- LRB9101253EGfg 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, SB745 Engrossed -1226- LRB9101253EGfg 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 SB745 Engrossed -1227- LRB9101253EGfg 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 SB745 Engrossed -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, SB745 Engrossed -1229- LRB9101253EGfg 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 SB745 Engrossed -1230- LRB9101253EGfg 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; andor26 (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 persondid 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 SB745 Engrossed -1231- LRB9101253EGfg 1 person's consumption of alcohol in the performance of a 2 religious service or ceremony; andor3 (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 SB745 Engrossed -1232- LRB9101253EGfg 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; SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -1235- LRB9101253EGfg 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 andOnvehicles 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.;27rescue squad vehicles not owned by a fire28department.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 SB745 Engrossed -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 SB745 Engrossed -1237- LRB9101253EGfg 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 SB745 Engrossed -1238- LRB9101253EGfg 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. Penaltiesfor misdemeanor.(a)Every person 28 convicted of a violation of any provision of this CodeAct29 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 shallbe guilty of a 33 Class C misdemeanor. SB745 Engrossed -1239- LRB9101253EGfg 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 concerning8liens for labor, services, skill or materials furnished upon9or 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-20018a-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 SB745 Engrossed -1240- LRB9101253EGfg 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.; and14(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 SB745 Engrossed -1241- LRB9101253EGfg 1 police training school approved by the IllinoisLocal2GovernmentalLaw EnforcementOfficersTraining 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 SB745 Engrossed -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)8Expedited 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 SB745 Engrossed -1243- LRB9101253EGfg 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) SB745 Engrossed -1244- LRB9101253EGfg 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 CFRCRF1057), 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 SB745 Engrossed -1245- LRB9101253EGfg 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 thisThe IllinoisSB745 Engrossed -1246- LRB9101253EGfg 1VehicleCode; 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 thisThe Illinois VehicleCode, and regulated by 24 other provisions of thisthatCode. 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 operatorhimfor his or her 32 expenses, if: SB745 Engrossed -1247- LRB9101253EGfg 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 SB745 Engrossed -1248- LRB9101253EGfg 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, expressexpressed31 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. SB745 Engrossed -1249- LRB9101253EGfg 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 3-9313-9of 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 SB745 Engrossed -1250- LRB9101253EGfg 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 SB745 Engrossed -1251- LRB9101253EGfg 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-111-6. 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 SB745 Engrossed -1252- LRB9101253EGfg 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 SB745 Engrossed -1253- LRB9101253EGfg 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 SB745 Engrossed -1254- LRB9101253EGfg 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 SB745 Engrossed -1255- LRB9101253EGfg 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 SB745 Engrossed -1256- LRB9101253EGfg 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 SB745 Engrossed -1257- LRB9101253EGfg 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 SB745 Engrossed -1258- LRB9101253EGfg 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 SB745 Engrossed -1259- LRB9101253EGfg 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 SB745 Engrossed -1260- LRB9101253EGfg 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 SB745 Engrossed -1261- LRB9101253EGfg 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 SB745 Engrossed -1262- LRB9101253EGfg 1 court.Nothing in this subsection shall beas agreed to2between 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 SB745 Engrossed -1263- LRB9101253EGfg 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 SB745 Engrossed -1264- LRB9101253EGfg 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 SB745 Engrossed -1265- LRB9101253EGfg 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 5-5205-13. 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 SB745 Engrossed -1266- LRB9101253EGfg 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 exitsexistsSB745 Engrossed -1267- LRB9101253EGfg 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 5-410 165-7, 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 SB745 Engrossed -1268- LRB9101253EGfg 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 SB745 Engrossed -1269- LRB9101253EGfg 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 SB745 Engrossed -1270- LRB9101253EGfg 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. SB745 Engrossed -1271- LRB9101253EGfg 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 SB745 Engrossed -1272- LRB9101253EGfg 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. SB745 Engrossed -1273- LRB9101253EGfg 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 SB745 Engrossed -1274- LRB9101253EGfg 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 permittedunder11Section 5-4or required under Section 5-8055-4; or 12 (b) when institution of criminal proceedings 13 has been permittedunder Section 5-4or required 14 under Section 5-8055-4and 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 permittedunder Section 5-4or required under 19 Section 5-8055-4and 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 SB745 Engrossed -1275- LRB9101253EGfg 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 5-805 275-4permitting 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 SB745 Engrossed -1276- LRB9101253EGfg 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 permittedunder Section 5-4or required 20 under Section 5-8055-4or 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 SB745 Engrossed -1277- LRB9101253EGfg 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 SB745 Engrossed -1278- LRB9101253EGfg 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 permittedunder29Section 5-4or required under Section 5-8055-4; or 30 (b) when criminal proceedings have been 31 permittedunder Section 5-4or required under 32 Section 5-8055-4and a minor is the subject of a 33 proceeding to determine the amount of bail; or 34 (c) when criminal proceedings have been SB745 Engrossed -1279- LRB9101253EGfg 1 permittedunder Section 5-4or required under 2 Section 5-8055-4and 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 SB745 Engrossed -1280- LRB9101253EGfg 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 SB745 Engrossed -1281- LRB9101253EGfg 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 SB745 Engrossed -1282- LRB9101253EGfg 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 SB745 Engrossed -1283- LRB9101253EGfg 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; SB745 Engrossed -1284- LRB9101253EGfg 1 (b) who is without proper care because of the 2 physical or mental disability of his parent, guardian or 3 custodian;or4 (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 subdivisionsubsection(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 SB745 Engrossed -1285- LRB9101253EGfg 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 SB745 Engrossed -1286- LRB9101253EGfg 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 ....,1319..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. SB745 Engrossed -1287- LRB9101253EGfg 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. SB745 Engrossed -1288- LRB9101253EGfg 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 SB745 Engrossed -1289- LRB9101253EGfg 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 SB745 Engrossed -1290- LRB9101253EGfg 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 SB745 Engrossed -1291- LRB9101253EGfg 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 SB745 Engrossed -1292- LRB9101253EGfg 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. SB745 Engrossed -1293- LRB9101253EGfg 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 SB745 Engrossed -1294- LRB9101253EGfg 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 SB745 Engrossed -1295- LRB9101253EGfg 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 SB745 Engrossed -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. SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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. SB745 Engrossed -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 oron 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 SB745 Engrossed -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 SB745 Engrossed -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). 20this ..... day of ....., 19...21 Signed and sworn before me on (insert date). 22this ..... 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 SB745 Engrossed -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 SB745 Engrossed -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 ....,1819..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 ...................... SB745 Engrossed -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 SB745 Engrossed -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 23on 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 .....,SB745 Engrossed -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 SB745 Engrossed -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). 33this ..... day of ....., 19...34 ................. SB745 Engrossed -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 SB745 Engrossed -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 ....,2919..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 SB745 Engrossed -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. SB745 Engrossed -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 33on the ..... day of ....., 19..),or(expected to be born on 34 or about (insert date).the ..... day of ....., 19..).The SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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). 8this ..... day of ....., 19...9 Signed and sworn before me on (insert date). 10this ..... 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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 .... day31of ...., 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 .... SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 ora30 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: SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 5-5015-10that 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, SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -1334- LRB9101253EGfg 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 SB745 Engrossed -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 SB745 Engrossed -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 anaelement 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 SB745 Engrossed -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 SB745 Engrossed -1338- LRB9101253EGfg 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, SB745 Engrossed -1339- LRB9101253EGfg 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 SB745 Engrossed -1340- LRB9101253EGfg 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 SB745 Engrossed -1341- LRB9101253EGfg 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 SB745 Engrossed -1342- LRB9101253EGfg 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 SB745 Engrossed -1343- LRB9101253EGfg 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 SB745 Engrossed -1344- LRB9101253EGfg 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; SB745 Engrossed -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-inducedDrug inducedhomicide. 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-induceddrug inducedhomicide. 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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -1348- LRB9101253EGfg 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 SB745 Engrossed -1349- LRB9101253EGfg 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 SB745 Engrossed -1350- LRB9101253EGfg 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 SB745 Engrossed -1351- LRB9101253EGfg 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 SB745 Engrossed -1352- LRB9101253EGfg 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; SB745 Engrossed -1353- LRB9101253EGfg 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 SB745 Engrossed -1354- LRB9101253EGfg 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 SB745 Engrossed -1355- LRB9101253EGfg 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. SB745 Engrossed -1356- LRB9101253EGfg 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 SB745 Engrossed -1357- LRB9101253EGfg 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 SB745 Engrossed -1358- LRB9101253EGfg 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 officertheyshall 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. SB745 Engrossed -1359- LRB9101253EGfg 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; SB745 Engrossed -1360- LRB9101253EGfg 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 SB745 Engrossed -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 SB745 Engrossed -1362- LRB9101253EGfg 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;and12 (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 SB745 Engrossed -1363- LRB9101253EGfg 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 SB745 Engrossed -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 SB745 Engrossed -1365- LRB9101253EGfg 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.) SB745 Engrossed -1366- LRB9101253EGfg 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 SB745 Engrossed -1367- LRB9101253EGfg 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 SB745 Engrossed -1368- LRB9101253EGfg 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 SB745 Engrossed -1369- LRB9101253EGfg 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.) SB745 Engrossed -1370- LRB9101253EGfg 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 SB745 Engrossed -1371- LRB9101253EGfg 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 SB745 Engrossed -1372- LRB9101253EGfg 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 SB745 Engrossed -1373- LRB9101253EGfg 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 SB745 Engrossed -1374- LRB9101253EGfg 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 SB745 Engrossed -1375- LRB9101253EGfg 1 defined in the Illinois Controlled Substances 2SubstanceAct. 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 SB745 Engrossed -1376- LRB9101253EGfg 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, SB745 Engrossed -1377- LRB9101253EGfg 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 SB745 Engrossed -1378- LRB9101253EGfg 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. SB745 Engrossed -1379- LRB9101253EGfg 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) SB745 Engrossed -1380- LRB9101253EGfg 1 Sec. 2. Whenever a seller advertises that consumer 2consumersgoods 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 1.51 1/2of 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 1.51 1/2of 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 SB745 Engrossed -1381- LRB9101253EGfg 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 1.51 1/2of 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: SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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, SB745 Engrossed -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 16subsection(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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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). SB745 Engrossed -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 4subsections(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 SB745 Engrossed -1395- LRB9101253EGfg 1 payment of any fine so imposedimpose, 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 SB745 Engrossed -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.; or19 (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. SB745 Engrossed -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: SB745 Engrossed -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 shall4havebeen subjected tosuchfumigation, or other process, as 5 provided in Section 1one (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, SB745 Engrossed -1399- LRB9101253EGfg 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 SB745 Engrossed -1400- LRB9101253EGfg 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' SB745 Engrossed -1401- LRB9101253EGfg 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 SB745 Engrossed -1402- LRB9101253EGfg 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 SectionsSection17 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 SB745 Engrossed -1403- LRB9101253EGfg 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 havehasnot 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 SB745 Engrossed -1404- LRB9101253EGfg 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 SB745 Engrossed -1405- LRB9101253EGfg 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 SB745 Engrossed -1406- LRB9101253EGfg 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 SB745 Engrossed -1407- LRB9101253EGfg 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. SB745 Engrossed -1408- LRB9101253EGfg 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 SB745 Engrossed -1409- LRB9101253EGfg 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, SB745 Engrossed -1410- LRB9101253EGfg 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 SB745 Engrossed -1411- LRB9101253EGfg 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 SB745 Engrossed -1412- LRB9101253EGfg 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, SB745 Engrossed -1413- LRB9101253EGfg 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; SB745 Engrossed -1414- LRB9101253EGfg 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. SB745 Engrossed -1415- LRB9101253EGfg 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 SB745 Engrossed -1416- LRB9101253EGfg 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, 1998the effective date of this amendatory31Act of 1998, the following: 32 (i) that a prisoner who is serving a term of 33 imprisonment for first degree murder shall receive SB745 Engrossed -1417- LRB9101253EGfg 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 28the 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 SB745 Engrossed -1418- LRB9101253EGfg 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 SB745 Engrossed -1419- LRB9101253EGfg 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, 1999the effective date7of 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 25the 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 SB745 Engrossed -1420- LRB9101253EGfg 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 SB745 Engrossed -1421- LRB9101253EGfg 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 SB745 Engrossed -1422- LRB9101253EGfg 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; SB745 Engrossed -1423- LRB9101253EGfg 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 of25reckless homicide as defined in subsection (e) of Section 9-326of the Criminal Code of 1961 committed on or after the27effective date of this amendatory Act of 1998, (2.3) The28rules and regulations on early release shall provide that a29prisoner who is serving sentence for reckless homicide as30defined in subsection (e) of Section 9-3 of the Criminal Code31of 1961 committed on or after the effective date of this32amendatory Act of 1998 shall receive no more than 4.5 days of33good conduct credit for each month of his or her sentence of34imprisonment.: (i) or (ii) reckless homicide as defined inSB745 Engrossed -1424- LRB9101253EGfg 1subsection (e) of Section 9-3 of the Criminal Code of 19612when the offense is committed on or after the effective date3of this amendatory Act of 1998 or if convicted of reckless4homicide as defined in subsection (e) of Section 9-3 of the5Criminal Code of 1961 if the offense is committed on or after6the 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; SB745 Engrossed -1425- LRB9101253EGfg 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 SB745 Engrossed -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 1998March 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 SB745 Engrossed -1427- LRB9101253EGfg 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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -1430- LRB9101253EGfg 1 or after June 19, 1998the effective date of this amendatory2Act 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, 1998the effective date of this amendatory Act28of 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 SB745 Engrossed -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, 1998the 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 SB745 Engrossed -1432- LRB9101253EGfg 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; SB745 Engrossed -1433- LRB9101253EGfg 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 sentence5is imposed for reckless homicide as defined in subsection6(e) of Section 9-3 of the Criminal Code of 1961 if the7offense was committed on or after the effective date of8this amendatory Act of 1998, and when the sentence is9imposed for reckless homicide as defined in subsection10(e) of Section 9-3 of the Criminal Code of 1961 if the11offense was committed on or after the effective date of12this 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 SB745 Engrossed -1434- LRB9101253EGfg 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 SB745 Engrossed -1435- LRB9101253EGfg 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 SB745 Engrossed -1436- LRB9101253EGfg 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. SB745 Engrossed -1437- LRB9101253EGfg 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. SB745 Engrossed -1438- LRB9101253EGfg 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 SB745 Engrossed -1439- LRB9101253EGfg 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: SB745 Engrossed -1440- LRB9101253EGfg 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 SB745 Engrossed -1441- LRB9101253EGfg 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 SB745 Engrossed -1442- LRB9101253EGfg 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 SB745 Engrossed -1443- LRB9101253EGfg 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 SB745 Engrossed -1444- LRB9101253EGfg 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 SB745 Engrossed -1445- LRB9101253EGfg 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, SB745 Engrossed -1446- LRB9101253EGfg 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; SB745 Engrossed -1447- LRB9101253EGfg 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 SB745 Engrossed -1448- LRB9101253EGfg 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; SB745 Engrossed -1449- LRB9101253EGfg 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 SB745 Engrossed -1450- LRB9101253EGfg 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, SB745 Engrossed -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 SB745 Engrossed -1452- LRB9101253EGfg 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 SB745 Engrossed -1453- LRB9101253EGfg 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; SB745 Engrossed -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. SB745 Engrossed -1455- LRB9101253EGfg 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 SB745 Engrossed -1456- LRB9101253EGfg 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: SB745 Engrossed -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 SB745 Engrossed -1458- LRB9101253EGfg 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 CorrectionsCorrection; 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, SB745 Engrossed -1459- LRB9101253EGfg 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 SB745 Engrossed -1460- LRB9101253EGfg 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 SB745 Engrossed -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 SB745 Engrossed -1462- LRB9101253EGfg 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 SectionSection 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) SB745 Engrossed -1463- LRB9101253EGfg 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,ormay 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 27saidprobation 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 SB745 Engrossed -1464- LRB9101253EGfg 1 chief probation officer. Salaries ofsaidclerical 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 SB745 Engrossed -1465- LRB9101253EGfg 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 SB745 Engrossed -1466- LRB9101253EGfg 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) SB745 Engrossed -1467- LRB9101253EGfg 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 oforArticle 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 SB745 Engrossed -1468- LRB9101253EGfg 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 Toll17Highway Authority or the St. Louis Metropolitan Area18Airport Authority for the acquisition of land or19interests therein for highway purposes;20(2) (blank);21(3) by the Department of Commerce and Community22Affairs for the purpose specified in the Illinois Coal23Development Bond Act;24(4) (blank);25(5) for the purpose specified in the St. Louis26Metropolitan Area Airport Authority Act;27(6) for a period of 24 months after May 24, 1996,28by the Southwestern Illinois Development Authority29pursuant to the Southwestern Illinois Development30Authority Act;31(7) for a period of 3 years after December 30,321987, by the Quad Cities Regional Economic Development33Authority (except for the acquisition of land orSB745 Engrossed -1469- LRB9101253EGfg 1interests therein that is farmland, or upon which is2situated a farm dwelling and appurtenant structures, or3upon which is situated a residence, or which is wholly4within an area that is zoned for residential use)5pursuant to the Quad Cities Regional Economic Development6Authority Act;7(8) by a sanitary district created under the8Metropolitan Water Reclamation District Act for the9acquisition of land or interests therein for purposes10specified in that Act;11(9) by a rail carrier within the time limitations12and subject to the terms and conditions set forth in13Section 18c-7501 of the Illinois Vehicle Code;14(10) for a period of 18 months after January 26,151987, for the purpose specified in Division 135 of16Article 11 of the Illinois Municipal Code, by a17commission created under Section 2 of the Water18Commission Act of 1985;19(11) by a village containing a population of less20than 15,000 for the purpose of acquiring property to be21used for a refuse derived fuel system designed to22generate steam and electricity, and for industrial23development that will utilize such steam and electricity,24pursuant to Section 11-19-10 of the Illinois Municipal25Code;26(12) after receiving the prior approval of the City27Council, by a municipality having a population of more28than 500,000 for the purposes set forth in Section2911-61-1a and Divisions 74.2 and 74.3 of Article 11 of the30Illinois Municipal Code, and for the same purposes when31established pursuant to home rule powers;32(13) by a home rule municipality, after a public33hearing held by the corporate authorities or by a34committee of the corporate authorities and after approvalSB745 Engrossed -1470- LRB9101253EGfg 1by a majority of the corporate authorities, within an2area designated as an enterprise zone by the municipality3under the Illinois Enterprise Zone Act;4(14) by the Illinois Sports Facilities Authority5for the purpose specified in Section 12 of the Illinois6Sports Facilities Authority Act;7(15) by a municipality having a population of more8than 2,000,000 for the purpose of acquiring the property9described in Section 3 of the Sports Stadium Act;10(16) for a period of 18 months after July 29, 1986,11in any proceeding by the Board of Trustees of the12University of Illinois for the acquisition of land in13Champaign County or interests therein as a site for a14building or for any educational purpose;15(17) for a period of 2 years after July 1, 1990, by16a home rule municipality and a county board, upon17approval of a majority of the corporate authorities of18both the county board and the municipality, within an19area designated as an enterprise zone by the municipality20and the county board through an intergovernmental21agreement under the Illinois Enterprise Zone Act, when22the purpose of the condemnation proceeding is to acquire23land for the construction of an industrial harbor port,24and when the total amount of land to be acquired for that25purpose is less than 75 acres and is adjacent to the26Illinois River;27(18) by an airport authority located solely within28the boundaries of Madison County, Illinois, and which is29organized pursuant to the provisions of the Airport30Authorities Act, (i) for the acquisition of 160 acres, or31less, of land or interests therein for the purposes32specified in that Act which may be necessary to extend,33mark, and light runway 11/29 for a distance of 1600 feet34in length by 100 feet in width with parallel taxiway, toSB745 Engrossed -1471- LRB9101253EGfg 1relocate and mark County Highway 19, Madison County,2known as Moreland Road, to relocate the instrument3landing system including the approach lighting system and4to construct associated drainage, fencing and seeding5required for the foregoing project and (ii) for a period6of 6 months after December 28, 1989, for the acquisition7of 75 acres, or less, of land or interests therein for8the purposes specified in that Act which may be necessary9to extend, mark and light the south end of runway 17/3510at such airport;11(19) by any unit of local government for a12permanent easement for the purpose of maintaining,13dredging or cleaning the Little Calumet River;14(20) by any unit of local government for a15permanent easement for the purpose of maintaining,16dredging or cleaning the Salt Creek in DuPage County;17(21) by St. Clair County, Illinois, for the18development of a joint use facility at Scott Air Force19Base;20(22) by the Village of Summit, Illinois, to acquire21land for a waste to energy plant;22(23) for a period of 15 months after September 7,231990, by the Department of Transportation or by any unit24of local government under the terms of an25intergovernmental cooperation agreement between the26Department of Transportation and the unit of local27government for the purpose of developing aviation28facilities in and around Chanute Air Force Base in29Champaign County, Illinois;30(24) for a period of 1 year after December 12,311990, by the City of Morris for the development of the32Morris Municipal Airport;33(25) for a period of 1 year after June 19, 1991, by34the Greater Rockford Airport Authority for airportSB745 Engrossed -1472- LRB9101253EGfg 1expansion purposes;2(26) for a period of 24 months after June 30, 1991,3by the City of Aurora for completion of an instrument4landing system and construction of an east-west runway at5the Aurora Municipal Airport;6(27) for the acquisition by the Metropolitan Pier7and Exposition Authority of property described in8subsection (f) of Section 5 of the Metropolitan Pier and9Exposition Authority Act for the purposes of providing10additional grounds, buildings, and facilities related to11the purposes of the Metropolitan Pier and Exposition12Authority;13(28) for a period of 24 months after March 1, 1992,14by the Village of Wheeling and the City of Prospect15Heights, owners of the Palwaukee Municipal Airport, to16allow for the acquisition of right of way to complete the17realignment of Hintz Road and Wolf Road;18(29) for a period of one year from the effective19date of this amendatory Act of 1992, by the20Bloomington-Normal Airport Authority for airport21expansion purposes;22(30) for a period of 24 months after September 10,231993, by the Cook County Highway Department and Lake24County Department of Transportation to allow for the25acquisition of necessary right-of-way for construction of26underpasses for Lake-Cook Road at the Chicago27Northwestern Railroad crossing, west of Skokie Boulevard,28and the Chicago, Milwaukee, St. Paul and Pacific Railroad29crossing, west of Waukegan Road;30(31) for a period of one year after December 23,311993, by the City of Arcola and the City of Tuscola for32the development of the Arcola/Tuscola Water Transmission33Pipeline Project pursuant to the intergovernmental34agreement between the City of Arcola and the City ofSB745 Engrossed -1473- LRB9101253EGfg 1Tuscola;2(32) for a period of 24 months from December 23,31993, by the Village of Bensenville for the acquisition4of property bounded by Illinois Route 83 to the west and5O'Hare International Airport to the east to complete a6flood control project known as the Bensenville Ditch;7(33) for a period of 9 months after November 1,81993, by the Medical Center Commission for the purpose of9acquiring a site for the Illinois State Police Forensic10Science Laboratory at Chicago, on the block bounded by11Roosevelt Road on the north, Wolcott Street on the east,12Washburn Street on the south, and Damen Avenue on the13west in Chicago, Illinois;14(34) for a period of 36 months after July 14, 1995,15by White County for the acquisition of a 3 1/2 mile16section of Bellaire Road, which is described as follows:17Commencing at the Northwest Corner of the Southeast 1/418of Section 28, Township 6 South, Range 10 East of the 3rd19Principal Meridian; thence South to a point at the20Southwest Corner of the Southeast 1/4 of Section 9,21Township 7 South, Range 10 East of the 3rd Principal22Meridian;23(35) for a period of one year after July 14, 1995,24by the City of Aurora for permanent and temporary25easements except over land adjacent to Indian Creek and26west of Selmarten Creek located within the City of Aurora27for the construction of Phase II of the Indian Creek28Flood Control Project;29(35.1) for a period beginning June 24, 1995 (the30day following the effective date of Public Act 89-29) and31ending on July 13, 1995 (the day preceding the effective32date of Public Act 89-134), by the City of Aurora for33permanent and temporary easements for the construction of34Phase II of the Indian Creek Flood Control Project;SB745 Engrossed -1474- LRB9101253EGfg 1(36) for a period of 6 years from July 14, 1995, by2the Grand Avenue Railroad Relocation Authority for the3Grand Avenue Railroad Grade Separation Project within the4Village of Franklin Park, Illinois;5(37) for a period of 3 years after July 14, 1995,6by the Village of Romeoville for the acquisition of7rights-of-way for the 135th Street Bridge Project, lying8within the South 1/2 of Section 34, Township 37 North,9Range 10 East and the South 1/2 of Section 35, Township1037 North, Range 10 East of the Third Principal Meridian,11and the North 1/2 of Section 2, Township 36 North, Range1210 East and the North 1/2 of Section 3, Township 3613North, Range 10 East of the 3rd Principal Meridian, in14Will County, Illinois;15(37.1) for a period of 3 years after June 23, 1995,16by the Illinois Department of Transportation for the17acquisition of rights-of-way for the 135th Street Bridge18Project between the Des Plaines River and New Avenue19lying within the South 1/2 of Section 35, Township 3720North, Range 10 East of the Third Principal Meridian and21the North 1/2 of Section 2, Township 36 North, Range 1022East of the 3rd Principal Meridian, in Will County,23Illinois;24(38) for a period beginning June 24, 1995 (the day25after the effective date of Public Act 89-29) and ending2618 months after July 14, 1995 (the effective date of27Public Act 89-134), by the Anna-Jonesboro Water28Commission for the acquisition of land and easements for29improvements to its water treatment and storage30facilities and water transmission pipes;31(39) for a period of 36 months after July 14, 1995,32by the City of Effingham for the acquisition of property33which is described as follows:34Tract 1:SB745 Engrossed -1475- LRB9101253EGfg 1Lots 26 and 27 in Block 4 in RAILROAD ADDITION TO2THE TOWN (NOW CITY) OF EFFINGHAM (reference made to Plat3thereof recorded in Book "K", Page 769, in the Recorder's4Office of Effingham County), situated in the City of5Effingham, County of Effingham and State of Illinois.6Tract 2:7The alley lying South and adjoining Tract 1, as8vacated by Ordinance recorded on July 28, 1937 in Book9183, Page 465, and all right, title and interest in and10to said alley as established by the Contract for Easement11recorded on August 4, 1937 in Book 183, Page 472;12(40) for a period of one year after July 14, 1995,13by the Village of Palatine for the acquisition of14property located along the south side of Dundee Road15between Rand Road and Hicks Road for redevelopment16purposes;17(41) for a period of 6 years after July 1, 1995,18for the acquisition by the Medical Center District of19property described in Section 3 of the Illinois Medical20District Act within the District Development Area as21described in Section 4 of that Act for the purposes set22forth in that Act;23(41.5) for a period of 24 months after June 21,241996 by the City of Effingham, Illinois for acquisition25of property for the South Raney Street Improvement26Project Phase I;27(42) for a period of 3 years after June 21, 1996,28by the Village of Deerfield for the acquisition of29territory within the Deerfield Village Center, as30designated as of that date by the Deerfield Comprehensive31Plan, with the exception of that area north of Jewett32Park Drive (extended) between Waukegan Road and the33Milwaukee Railroad Tracks, for redevelopment purposes;34(43) for a period of 12 months after June 21, 1996,SB745 Engrossed -1476- LRB9101253EGfg 1by the City of Harvard for the acquisition of property2lying west of Harvard Hills Road of sufficient size to3widen the Harvard Hills Road right of way and to install4and maintain city utility services not more than 200 feet5west of the center line of Harvard Hills Road;6(44) for a period of 5 years after June 21, 1996,7by the Village of River Forest, Illinois, within the area8designated as a tax increment financing district when the9purpose of the condemnation proceeding is to acquire land10for any of the purposes contained in the River Forest Tax11Increment Financing Plan or authorized by the Tax12Increment Allocation Redevelopment Act, provided that13condemnation of any property zoned and used exclusively14for residential purposes shall be prohibited;15(45) for a period of 18 months after June 28, 1996,16by the Village of Schaumburg for the acquisition of land,17easements, and aviation easements for the purpose of a18public airport in Cook and DuPage Counties; provided that19if any proceedings under the provisions of this Article20are pending on that date, "quick-take" may be utilized by21the Village of Schaumburg;22(46) for a period of one year after June 28, 1996,23by the City of Pinckneyville for the acquisition of land24and easements to provide for improvements to its water25treatment and storage facilities and water transmission26pipes, and for the construction of a sewerage treatment27facility and sewerage transmission pipes to serve the28Illinois Department of Corrections Pinckneyville29Correctional Facility;30(47) for a period of 6 months after June 28, 1996,31by the City of Streator for the acquisition of property32described as follows for a first flush basin sanitary33sewer system:34Tract 5: That part of lots 20 and 21 in BlockSB745 Engrossed -1477- LRB9101253EGfg 16 in Moore and Plumb's addition to the city of2Streator, Illinois, lying south of the right of way3of the switch track of the Norfolk and Western4Railroad (now abandoned) in the county of LaSalle,5state of Illinois;6Tract 6: That part of lots 30, 31 and 32 in7Block 7 in Moore and Plumb's Addition to the city of8Streator, Illinois, lying north of the centerline of9Coal Run Creek and south of the right of way of the10switch track of the Norfolk and Western Railroad11(now abandoned) in the county of LaSalle, state of12Illinois;13(48) for a period of 36 months after January 16,141997, by the Bi-State Development Agency of the15Missouri-Illinois Metropolitan District for the16acquisition of rights of way and related property17necessary for the construction and operation of the18MetroLink Light Rail System, beginning in East St. Louis,19Illinois, and terminating at Mid America Airport, St.20Clair County, Illinois;21(49) for a period of 2 years after January 16,221997, by the Village of Schaumburg for the acquisition of23rights-of-way, permanent easements, and temporary24easements for the purpose of improving the Roselle25Road/Illinois Route 58/Illinois Route 72 corridor,26including rights-of-way along Roselle Road, Remington27Road, Valley Lake Drive, State Parkway, Commerce Drive,28Kristin Circle, and Hillcrest Boulevard, a permanent29easement along Roselle Road, and temporary easements30along Roselle Road, State Parkway, Valley Lake Drive,31Commerce Drive, Kristin Circle, and Hillcrest Boulevard,32in Cook County;33(50) (blank);34(51) for a period of 12 months after July 25, 1997,SB745 Engrossed -1478- LRB9101253EGfg 1by the Village of Bloomingdale for utility relocations2necessitated by the Lake Street Improvement Project on3Lake Street between Glen Ellyn Road and Springfield Drive4in the Village of Bloomingdale;5(52) for a period of 36 months after July 25, 1997,6by the City of Freeport, owners of the Freeport Albertus7Municipal Airport, to allow for acquisition of any land,8rights, or other property lying between East Lamm Road9and East Borchers Road to complete realignment of South10Hollywood Road and to establish the necessary runway11safety zone in accordance with Federal Aviation12Administration and Illinois Department of Transportation13design criteria;14(53) for a period of 3 years after July 1, 1997, by15the Village of Elmwood Park to be used only for the16acquisition of commercially zoned property within the17area designated as the Tax Increment Redevelopment18Project Area by ordinance passed and approved on December1915, 1986, as well as to be used only for the acquisition20of commercially zoned property located at the northwest21corner of North Avenue and Harlem Avenue and commercially22zoned property located at the southwest corner of Harlem23Avenue and Armitage Avenue for redevelopment purposes, as24set forth in Division 74.3 of Article 11 of the Illinois25Municipal Code;26(54) for a period of 3 years after July 25, 1997,27by the Village of Oak Park for the acquisition of28property located along the south side of North Avenue29between Austin Boulevard and Harlem Avenue or along the30north and south side of Harrison Street between Austin31Boulevard and Elmwood Avenue, not including residentially32zoned properties within these areas, for commercial33redevelopment goals;34(54.1) for a period of 3 years after August 14,SB745 Engrossed -1479- LRB9101253EGfg 11997, by the Village of Oak Park for the acquisition of2property within the areas designated as the Greater3Downtown Area Tax Increment Financing District, the4Harlem/Garfield Tax Increment Financing District, and the5Madison Street Tax Increment Financing District, not6including residentially zoned properties within these7areas, for commercial redevelopment goals;8(54.2) for a period of 3 years after August 14,91997, by the Village of Oak Park for the acquisition of10property within the areas designated as the North Avenue11Commercial Strip and the Harrison Street Business Area,12not including residentially zoned properties within these13areas, for commercial redevelopment goals;14(55) for a period of 3 years after August 14, 199715by the Village of Morton Grove, within the area16designated as the Waukegan Road Tax Increment Financing17District to be used only for acquiring commercially zoned18properties located on Waukegan Road for tax increment19redevelopment projects contained in the redevelopment20plan for the area;21(56) For a period of 2 years after August 14, 1997,22by the Village of Rosemont for the acquisition of the23property described as Tract 1, and the acquisition of any24leasehold interest of the property described as Tract 2,25both described as follows:26Tract 127PARCEL 1:28THAT PART OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP2941 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN,30DESCRIBED AS FOLLOWS:31COMMENCING AT THE INTERSECTION OF A LINE 50.00 FEET, AS32MEASURED AT RIGHT ANGLES, NORTH OF AND PARALLEL WITH THE33SOUTH LINE OF SAID SOUTHWEST 1/4 WITH A LINE 484.6934FEET, AS MEASURED AT RIGHT ANGLES, EAST OF AND PARALLELSB745 Engrossed -1480- LRB9101253EGfg 1WITH THE WEST LINE OF SAID SOUTHWEST 1/4 (THE WEST LINE2OF SAID SOUTHWEST 1/4 HAVING AN ASSUMED BEARING OF NORTH300 DEGREES 00 MINUTES 00 SECONDS EAST FOR THIS LEGAL4DESCRIPTION); THENCE NORTH 00 DEGREES 00 MINUTES 005SECONDS EAST ALONG SAID LAST DESCRIBED PARALLEL LINE,6427.26 FEET TO A POINT FOR A PLACE OF BEGINNING; THENCE7CONTINUING NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST8ALONG SAID LAST DESCRIBED PARALLEL LINE, 251.92 FEET;9THENCE NORTH 45 DEGREES 00 MINUTES 00 SECONDS EAST,1032.53 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 0011SECONDS EAST, 53.70 FEET; THENCE SOUTH 72 DEGREES 3412MINUTES 18 SECONDS EAST, 149.63 FEET; THENCE SOUTH 0013DEGREES 00 MINUTES 00 SECONDS WEST, 230.11 FEET; THENCE14SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, 219.46 FEET,15TO THE POINT OF BEGINNING IN COOK COUNTY, ILLINOIS.16PARCEL 2:17THAT PART OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP1841 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN,19DESCRIBED AS FOLLOWS:20COMMENCING AT THE INTERSECTION OF A LINE 50.00 FEET, AS21MEASURED AT RIGHT ANGLES, NORTH OF AND PARALLEL WITH THE22SOUTH LINE OF SAID SOUTHWEST 1/4 WITH A LINE 484.6923FEET, AS MEASURED AT RIGHT ANGLES, EAST OF AND PARALLEL24WITH THE WEST LINE OF SAID SOUTHWEST 1/4 (THE WEST LINE25OF SAID SOUTHWEST 1/4 HAVING AN ASSUMED BEARING OF NORTH2600 DEGREES, 00 MINUTES, 00 SECONDS EAST FOR THIS LEGAL27DESCRIPTION); THENCE NORTH 00 DEGREES, 00 MINUTES, 0028SECONDS EAST ALONG SAID LAST DESCRIBED PARALLEL LINE,29153.00 FEET; THENCE NORTH 90 DEGREES, 00 MINUTES, 0030SECONDS EAST, 89.18 FEET; THENCE NORTH 00 DEGREES, 0031MINUTES, 00 SECONDS EAST, 48.68 FEET; THENCE NORTH 9032DEGREES, 00 MINUTES, 00 SECONDS EAST, 43.53 FEET; THENCE33SOUTH 00 DEGREES, 00 MINUTES, 00 SECONDS EAST, 8.00 FEET;34THENCE NORTH 90 DEGREES, 00 MINUTES, 00 SECONDS EAST,SB745 Engrossed -1481- LRB9101253EGfg 144.23 FEET; THENCE NORTH 45 DEGREES, 00 MINUTES, 002SECONDS EAST, 60.13 FEET; THENCE NORTH 00 DEGREES, 003MINUTES, 00 SECONDS EAST, 141.06 FEET TO A POINT FOR A4PLACE OF BEGINNING, SAID POINT BEING 447.18 FEET NORTH5AND 704.15 FEET EAST OF THE SOUTHWEST CORNER OF THE6SOUTHWEST 1/4 OF SAID SECTION 33, AS MEASURED ALONG THE7WEST LINE OF SAID SOUTHWEST 1/4 AND ALONG A LINE AT RIGHT8ANGLES THERETO; THENCE NORTH 00 DEGREES, 00 MINUTES, 009SECONDS EAST, 280.11 FEET; THENCE NORTH 72 DEGREES, 3410MINUTES, 18 SECONDS WEST, 149.63 FEET; THENCE SOUTH 9011DEGREES, 00 MINUTES, 00 SECONDS WEST, 53.70 FEET; THENCE12SOUTH 45 DEGREES, 00 MINUTES, 00 SECONDS WEST, 32.53 FEET13TO A POINT ON A LINE 484.69 FEET, AS MEASURED AT RIGHT14ANGLES, EAST OF AND PARALLEL WITH THE WEST LINE OF SAID15SOUTHWEST 1/4, SAID POINT BEING 679.18 FEET, AS MEASURED16ALONG SAID PARALLEL LINE, NORTH OF THE AFOREDESCRIBED17POINT OF COMMENCEMENT; THENCE NORTH 00 DEGREES, 0018MINUTES, 00 SECONDS EAST ALONG SAID LAST DESCRIBED19PARALLEL LINE, 158.10 FEET; THENCE NORTH 39 DEGREES, 3920MINUTES, 24 SECONDS EAST, 27.09 FEET TO AN INTERSECTION21WITH THE SOUTHERLY LINE OF HIGGINS ROAD, BEING A LINE2250.00 FEET, AS MEASURED AT RIGHT ANGLES, SOUTHERLY OF23AND PARALLEL WITH THE CENTER LINE OF SAID ROAD; THENCE24SOUTH 72 DEGREES, 34 MINUTES, 18 SECONDS EAST ALONG SAID25LAST DESCRIBED SOUTHERLY LINE, 382.55 FEET TO AN26INTERSECTION WITH THE WESTERLY RIGHT OF WAY LINE OF THE27MINNEAPOLIS, ST. PAUL AND SAULT STE. MARIE RAILROAD28(FORMERLY THE CHICAGO AND WISCONSIN RAILROAD); THENCE29SOUTH 14 DEGREES, 51 MINUTES, 36 SECONDS EAST ALONG SAID30LAST DESCRIBED WESTERLY LINE, 378.97 FEET; THENCE SOUTH3190 DEGREES, 00 MINUTES, 00 SECONDS WEST, 260.00 FEET TO32THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS.33Generally comprising approximately 3.8 acres along34the south side of Higgins Road, East of Mannheim Road.SB745 Engrossed -1482- LRB9101253EGfg 1Tract 22PARCEL 1:3Any leasehold interest of any portion of the4property legally described as follows:5THAT PART OF THE EAST 8 ACRES OF LOT 2 IN FREDERICK6JOSS'S DIVISION OF LAND IN SECTION 9, TOWNSHIP 40 NORTH,7RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT8THE NORTH 500 FEET THEREOF AS MEASURED ON THE EAST LINE)9LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE:10BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT 2,1119.07 FEET WEST OF THE NORTHEAST CORNER THEREOF; THENCE12SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 7313DEGREES 46 MINUTES 40 SECONDS (AS MEASURED FROM WEST TO14SOUTHWEST) WITH THE AFORESAID NORTH LINE OF LOT 2, A15DISTANCE OF 626.69 FEET TO A POINT; THENCE SOUTHEASTERLY16ALONG A LINE FORMING AN ANGLE OF 20 DEGREES 58 MINUTES1725 SECONDS (AS MEASURED TO THE LEFT) WITH A PROLONGATION18OF THE LAST DESCRIBED COURSE A DISTANCE OF 721.92 FEET19TO A POINT IN THE SOUTH LINE OF SAID LOT WHICH IS 85.3120FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT 2,21EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PREMISES:22THE SOUTH 50 FEET OF LOT 2 LYING EAST OF THE FOLLOWING23DESCRIBED LINE; BEGINNING AT A POINT IN THE SOUTH LINE24OF LOT 2, WHICH IS 85.31 FEET WEST OF THE SOUTHEAST25CORNER OF SAID LOT; THENCE NORTHERLY ON A LINE WHICH26FORMS AN ANGLE OF 85 DEGREES 13 MINUTES 25 SECONDS IN27THE NORTHWEST 1/4 WITH SAID LAST DESCRIBED LINE IN28FREDERICK JOSS'S DIVISION OF LANDS IN THE NORTHEAST 1/429OF SECTION 9, TOWNSHIP 40 NORTH, RANGE 12 EAST OF THE30THIRD PRINCIPAL MERIDIAN.31PARCEL 2:32Plus any rights of ingress and egress which the said33holder of the leasehold interest may have pursuant to34the following described easement:SB745 Engrossed -1483- LRB9101253EGfg 1GRANT OF EASEMENT FOR THE BENEFIT OF PARCEL 1 AS CREATED2BY GRANT FROM FRACAP SHEET METAL MANUFACTURING COMPANY,3INC. TO JUNE WEBER POLLY DATED NOVEMBER 16, 1970 AND4RECORDED APRIL 7, 1971 AS DOCUMENT 21442818 FOR5PASSAGEWAY OVER THE EAST 20 FEET AS MEASURED AT RIGHT6ANGLES TO THE EAST LINE THEREOF OF THE NORTH 500 FEET OF7THAT PART OF THE EAST 8 ACRES OF LOT 2 IN FREDERICK8JOSS'S DIVISION OF LAND IN SECTION 9, TOWNSHIP 40 NORTH,9RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING10EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A11POINT ON THE NORTH LINE OF SAID LOT 2, 19.07 FEET WEST12OF THE NORTHEAST CORNER THEREOF; THENCE SOUTHWESTERLY13ALONG A LINE FORMING AN ANGLE OF 73 DEGREES 46 MINUTES1440 SECONDS (AS MEASURED FROM WEST TO SOUTHWEST) WITH THE15AFORESAID NORTH LINE OF LOT 2, A DISTANCE OF 626.69 FEET16TO A POINT; THENCE SOUTHEASTERLY ALONG A LINE FORMING AN17ANGLE OF 20 DEGREES 58 MINUTES 25 SECONDS (AS MEASURED18TO THE LEFT) WITH A PROLONGATION OF THE LAST DESCRIBED19COURSE A DISTANCE OF 721.92 FEET TO A POINT IN THE SOUTH20LINE OF SAID LOT 2, WHICH IS 85.31 FEET WEST OF THE21SOUTHEAST CORNER OF SAID LOT 2, IN COOK COUNTY,22ILLINOIS;23(57) for a period of 24 months from August 14,241997, by the City of Champaign for the acquisition of25land and easements in and adjacent to the City of26Champaign for the improvement of Windsor Road and Duncan27Road and for the construction of the Boneyard Creek28Improvement Project;29(58) for a period of 24 months from the effective30date of this amendatory Act of 1998, by the City of31Rochelle, to allow the acquisition of easements for the32construction and maintenance of overhead utility lines33and poles along a route within and adjacent to existing34roadway easements on Twombley, Mulford, and Paw Paw roadsSB745 Engrossed -1484- LRB9101253EGfg 1in Ogle and Lee counties;2(59) For a period of 3 years after the effective3date of this amendatory Act of 1998, by the Village of4Bolingbrook for acquisition of property within a Regional5Stormwater Detention Project Area, when the purpose of6the condemnation proceeding is to acquire land for one or7more of the following public purposes: drainage,8stormwater management, open space, recreation,9improvements for water service and related appurtenances,10or wetland mitigation and banking; the project area is in11Wheatland Township, Will County, bounded generally by12Essington Road, 127th Street, and Kings Road and is more13particularly described as follows: That part of Section1425 Township 37 N Range 9 E of the 3rd Principal Meridian15all in Wheatland Township, Will County, except the16Northeast Quarter; the North 1/2 of the Northwest17Quarter; and the Southwest Quarter of the Southwest18Quarter;19(60) for a period of 36 months after July 1, 1998,20by the Village of Franklin Park, for the acquisition for21school purposes, including, but not limited to, school22parking lot purposes, of property bounded on the west by23Rose Street, on the north by Nerbonne Street, on the east24by Pearl Street extended north on Nerbonne Street, and on25the south by King Street, except that no portion used for26residential purposes shall be taken;27(61) for a period of 5 years after June 1, 1998 by28the Village of Melrose Park to acquire the following29described property, for the purpose of redeveloping30blighted areas:31Golfland32That part of the North half of the South East33Quarter of the South West quarter of Section 35, Township3440 North, Range 12, East of the Third Principal Meridian,SB745 Engrossed -1485- LRB9101253EGfg 1lying Northeast of the Northeasterly right-of-way line of2the Minneapolis, St. Paul and Sault Ste. Marie Railroad;3lying South of a line 443.00 feet North of and parallel4to the South line of the North half of the South East5Quarter of the South West Quarter of Section 35,6aforesaid; and lying west of the West line of the East7490 feet of the North half of the South East Quarter of8the South West Quarter of Section 35, aforesaid9(excepting therefrom the East 50 feet of the North 8010feet thereof and except that part taken and dedicated for115th Avenue);12ALSO13That part of the South half of the South East14Quarter of the South West Quarter of Section 35, Township1530 North, Range 12, East of the Third Principal Meridian,16lying Northeast of the Northeasterly right-of-way line of17the Minneapolis, St. Paul and Sault Ste. Marie Railroad,18described as follows: commencing at the intersection of19the West line of the South East Quarter of the South West20Quarter of Section 35, aforesaid, with the North line of21the South half of the South East Quarter of the South22West Quarter of said Section 35; thence East along the23aforementioned North line 67.91 Feet to the point of24beginning of land herein described; thence continue East25along said North line 297.59 feet; thence Southwesterly26along a line forming an angle of 17 degrees 41 minutes 3427seconds, measured from West to South West with last28described course, from a distance of 240.84 feet to a29point 100 feet Southeasterly of the point of beginning;30thence Northwesterly 100 feet to the point of beginning;31all in Cook County;32(62) For a period of 3 years after June 1, 1998, by33the Village of Melrose Park to acquire property described34as follows for the purpose of redeveloping blightedSB745 Engrossed -1486- LRB9101253EGfg 1areas:2THAT PART OF THE WEST 340 FEET OF THE EAST 1360 FEET3OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 2,4TOWNSHIP 39 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL5MERIDIAN, LYING NORTH OF THE CENTERLINE OF DES PLAINES6RIVER (EXCEPT THAT PART OF THE WEST 340 FEET OF THE EAST71360 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF8SECTION 2, TOWNSHIP 39 NORTH, RANGE 12, EAST OF THE THIRD9PRINCIPAL MERIDIAN, LYING NORTH OF THE CENTERLINE OF DES10PLAINES RIVER AND LYING SOUTH OF A LINE DESCRIBED AS11COMMENCING ON THE EAST LINE OF SAID TRACT 880 FEET SOUTH12OF THE NORTH LINE OF SAID SECTION 2 RUNNING WESTERLY TO A13POINT IN THE WEST LINE OF SAID TRACT WHICH IS 976 FEET14SOUTH OF THE NORTH LINE OF SAID SECTION AND EXCEPT THE15NORTH 99.2 FEET AS MEASURED ON THE WEST LINE AND BY 99.616FEET AS MEASURED ON THE EAST LINE OF SAID WEST 340 FEET17AND DEDICATED AND CONVEYED TO STATE OF ILLINOIS FOR ROAD18OR PUBLIC HIGHWAY PURPOSES), IN COOK COUNTY, ILLINOIS.19THAT PART OF THE WEST 170 FEET OF THE EAST 1530 FEET20OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 2,21TOWNSHIP 39 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL22MERIDIAN, LYING NORTH OF THE CENTER LINE OF DES PLAINES23RIVER. (EXCEPT THAT PART OF THE WEST 170 FEET OF THE24EAST 1530 FEET OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF25SECTION 2, TOWNSHIP 39 NORTH, RANGE 12, EAST OF THE THIRD26PRINCIPAL MERIDIAN, LYING NORTH OF THE CENTER LINE OF DES27PLAINES RIVER AND LYING SOUTH OF A LINE DESCRIBED AS28COMMENCING ON THE EAST LINE OF SAID TRACT 976 FEET SOUTH29OF THE NORTH LINE OF SAID SECTION 2, RUNNING WESTERLY TO30A POINT IN THE WEST LINE OF SAID TRACT WHICH IS 1095.5031FEET SOUTH OF THE NORTH LINE OF SAID SECTION AND EXCEPT32THE NORTH 100.00 FEET AS MEASURED ON THE WEST LINE AND BY3399.2 FEET AS MEASURED ON THE EAST LINE OF SAID WEST 17034FEET AND DEDICATED AND CONVEYED TO THE STATE OF ILLINOISSB745 Engrossed -1487- LRB9101253EGfg 1FOR ROAD OR PUBLIC HIGHWAY PURPOSES), IN COOK COUNTY,2ILLINOIS;3(63) for a period of 24 months after the effective4date of this amendatory Act of 1998 by the City of Peru5for removal of existing residential deed restrictions on6the use of property, and the rights of other property7owners in the subdivision to enforce those restrictions,8as they apply to lots 10, 11, 12, 13, 14, 15, and 16 in9Urbanowski's Subdivision to the City of Peru, all of10which are owned by the Illinois Valley Community Hospital11and adjacent to the existing hospital building, for the12limited purpose of allowing the Illinois Valley Community13Hospital to expand its hospital facility, including14expansion for needed emergency room and outpatient15services; under this paragraph (62) compensation shall be16paid to those other property owners for the removal of17their rights to enforce the residential deed restrictions18on property owned by the Illinois Valley Community19Hospital, but no real estate owned by those other20property owners may be taken;21(64) for a period of 3 years after the effective22date of this amendatory Act of 1998, by the Village of23South Barrington for the acquisition of land and24temporary and permanent easements for the purposes of25construction and maintenance of sewerage facilities and26sewerage transmission pipes along an area not to exceed27100 feet north of the Northwest Tollway between28Barrington Road and Route 72;29(65) for a period of 18 months after the effective30date of this amendatory Act of 1998, by the Village of31Northlake for the acquisition of the following described32property for stormwater management and public recreation33purposes:34LOT 10 IN BLOCK 7 IN TOWN MANOR SUBDIVISION OF THESB745 Engrossed -1488- LRB9101253EGfg 1NORTH 100 ACRES OF THE NORTH EAST 1/4 OF SECTION 5,2TOWNSHIP 39 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL3MERIDIAN, IN COOK COUNTY, ILLINOIS.4Commonly known as 315 E. Morse Drive, Northlake,5Illinois, 60164;6LOT 17 IN BLOCK 2 IN MIDLAND DEVELOPMENT COMPANY'S7NORTHLAKE VILLAGE, A SUBDIVISION OF THE NORTH HALF OF THE8NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 39 NORTH, RANGE912, EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT THE10SOUTH 208.7 FEET OF THE WEST 208.7 FEET EAST OF WOLF ROAD11OF THE NORTH HALF OF THE NORTHWEST QUARTER, AFORESAID),12IN COOK COUNTY, ILLINOIS.13PIN: 15-05-115-00114Commonly known as 101 S. Wolf Road, Northlake,15Illinois, 60164;16(66) for a period of 48 months after the effective17date of this amendatory Act of 1998, by the City of18Carbondale, for the acquisition of property bounded by19the following lines for the Mill Street Underpass Project20(which is part of the Carbondale Railroad Relocation21Project): a line 300 feet west of the centerline of22Thompson Street; a line 100 feet east of the centerline23of Wall Street; a line 700 feet north of the centerline24of College Street; and the centerline of Grand Avenue;25(67) for a period of 3 years after the effective26date of this amendatory Act of 1998 by the Village of27Round Lake Park in Lake County for acquisition of28temporary construction easements and permanent easement29corridors for providing off-site water and sewer service30for the Alter Business Park, generally described as31follows:32Commencing at the Joint Action Water Agency (JAWA)33facility on the south side of Winchester Road (County34Route A34) and west of Midlothian Road, the proposedSB745 Engrossed -1489- LRB9101253EGfg 1public water line will be located in the Winchester Road2(County Route A34) right-of-way or immediately adjacent3to the right-of-way from the JAWA facility west to4Illinois State Route 83. The water line will then extend5under Illinois State Route 83 and continue in the6Winchester Road (County Route A34) right-of-way or7immediately adjacent to the right-of-way as it extends8westerly from Illinois State Route 83 to the proposed9pump station and delivery structure at the most southerly10west property line of the Alter property located south of11Peterson Road (County Route A33) and west of Illinois12State Route 83. Also, the proposed public water line will13be located in the Peterson Road (County Route A33)14right-of-way or immediately adjacent to the right-of-way15from Illinois State Route 83 west to the westerly16property line of the Alter property, which property line17lies approximately 2600' west of Alleghany Road (County18Route V68).19The proposed sanitary sewer route will commence at a20location on Fairfield Road (County Route V61) north of21Illinois State Route 134 at the Lake County Interceptor22(which ultimately extends into the Fox Lake Sanitary23District System); the route of the sanitary sewer will24continue south of Illinois State Route 134 in the25right-of-way of Fairfield Road (County Route V61) or26immediately adjacent thereto from its extension north of27Illinois State Route 134 to its intersection with28Townline Road. The sanitary sewer will then extend east29in the right-of-way of Townline Road or immediately30adjacent thereto to its intersection with Bacon Road. The31sanitary sewer will then extend in the Bacon Road32right-of-way line or immediately adjacent thereto33continuing in a southeasterly direction until its34intersection with Illinois State Route 60. The sanitarySB745 Engrossed -1490- LRB9101253EGfg 1line will then extend in the Illinois State Route 602right-of-way by permit or immediately adjacent thereto3continuing easterly along said right-of-way to the point4of intersection with Peterson Road (County Route A33).5The sanitary line will then continue easterly in the6right-of-way of Peterson Road (County Route A33) or7immediately adjacent thereto to the point of intersection8with Alleghany Road (County Route V68) and then will9extend within the Alter property;10(68) For a period of 3 years after the effective11date of this amendatory Act of 1998, by the Village of12Rosemont for redevelopment purposes, including13infrastructure improvements, construction of streets,14stormwater facilities, and drainage areas, and flood15plain improvements, for the acquisition of property16described as follows:17That part of the Northwest Quarter and that part of18the Southwest Quarter of Section 3, Township 40 North,19Range 12, East of the Third Principal Meridian, and being20more particularly described as follows:21Beginning at the point of intersection of the west22right-of-way line of River Road (as shown on the plat of23subdivision for Gerhart Huehl Estates Division per24document number 4572711) and the southerly line of Lot 725in said Gerhart Huehl Estates Division; thence north 1426degrees 38 minutes 19 seconds west, along the aforesaid27west right-of-way of River Road, to the point of28intersection with a line drawn 490.0 feet south of and29parallel to the north line of Lot 3 in the said Gerhart30Huehl Estates Division; thence north 89 degrees 0731minutes 41 seconds west, along the previously described32parallel line 554.77 feet to the point, said point being33540.00 feet east of the easterly right-of-way line of34Schafer Court (Schafer Court being an unrecordedSB745 Engrossed -1491- LRB9101253EGfg 1roadway); thence, north 0 degrees 00 minutes 00 seconds2east, 284.12 feet to the point of intersection with south3line of the aforesaid Lot 3 (said south line also being4the north line of Lot 6 in Gerhart Huehl Estates5Division); thence north 89 degrees 04 minutes 45 seconds6west, along the said south line of Lot 3, 478.29 feet to7the point of intersection with the aforesaid easterly8right-of-way line of Schafer Court; thence south 129degrees 16 minutes 34 seconds west, along the said10easterly right-of-way line, 312.83 feet; thence south 1811degrees 09 minutes 05 seconds west, continuing along the12said easterly right-of-way line, 308.16 feet to the point13of intersection with the northerly right-of-way line of14Higgins Road as dedicated per document number 11056708;15thence, north 66 degrees 43 minutes 09 seconds west along16said northerly right-of-way line of Higgins Road to the17easterly right-of-way of the Northwest Toll Road; thence18southerly along said easterly right-of-way of the19Northwest Toll Road to the southerly right-of-way of20Maple Avenue extended westerly; thence easterly along21said southerly right-of-way line of Maple Avenue22(recorded as Bock Avenue) to the easterly right-of-way23line of Gage Street; thence northerly along said easterly24right-of-way line of Gage Street to the southerly line of25Lot 2 in River Rose Subdivision Unit 2 per document26number 19594706; thence easterly along the southerly line27of said Lot 2 in River Rose Subdivision Unit Number 2 and28said southerly line extended easterly to the easterly29right-of-way line of Glen Lake Drive (as dedicated in30River Rose Subdivision per Document Number 19352146 and31dedicated as Willow Creek Drive); thence southwesterly32along said easterly right-of-way line to the northwest33corner of Lot 1 in said River Rose Subdivision; thence34south 59 degrees 08 minutes 47 seconds east, along theSB745 Engrossed -1492- LRB9101253EGfg 1northerly lines of Lots 1 through 13 (both inclusive) in2the said River Rose subdivision, 757.48 feet to the most3northeasterly corner of said Lot 13; thence south 114degrees 05 minutes 25 seconds west, along the easterly5line of said lot 13 in said River Rose Subdivision, 14.086feet to the northerly line of Glen J. Nixon's subdivision7as per document 19753046; thence easterly along said8northerly line, 237.43 feet to the westerly right-of-way9of said Des Plaines River Road;10Thence southerly along said westerly right-of-way of11Des Plaines River Road to the southerly line of the12Northerly 90 feet of Lot 2 in said Glen J. Nixon's13subdivision; thence westerly along said southerly line to14the westerly line of said Glen J. Nixon's subdivision;15thence southerly along the said westerly line of Glen J.16Nixon's subdivision to the southerly right-of-way of an17unrecorded roadway; thence south 70 degrees 43 minutes 1618seconds west, along the southerly line of the unrecorded19roadway, 108.23 feet; thence continuing along the20southerly right-of-way of the unrecorded roadway, 95.3421feet along an arc of a circle whose radius is 110.00 feet22and being convex to the south; thence north 56 degrees 3223minutes 25 seconds west, continuing along the southerly24right-of-way of the said unrecorded roadway, 216.00 feet25to the southwest corner of said Glen Lake Drive as26dedicated in the aforesaid River Rose subdivision; thence27north 59 degrees 10 minutes 12 seconds west, along the28southerly right-of-way of said Glen Lake Drive, 327.4829feet, to the point of intersection with east line of Lot308 in Block 1 in Higgins Road Ranchettes Subdivision per31Document Number 13820089; thence northerly along the east32line of said Lot 8, 97.24 feet to a point; said point33being 66.00 feet south of the northeast corner of said34Lot 8; thence north 89 degrees 36 minutes 54 secondsSB745 Engrossed -1493- LRB9101253EGfg 1west, along a line which is 66.00 feet south of and2parallel to the north line of Lots 3, 4, 5, 6, 7, and 83in said Higgins Road Ranchettes Subdivision (said4parallel line also being the south line of an unrecorded5street known as Glenlake Street), 621.61 feet to the6point of intersection with the northeasterly right-of-way7line of Toll Road; the next four courses being along the8said northeasterly right-of-way line of the Toll Road;9thence south 21 degrees 28 minutes 12 seconds east,10219.81 feet; thence south 34 degrees 29 minutes 3411seconds east, 261.77 feet; thence south 52 degrees 0212minutes 04 seconds east, 114.21 feet; thence south 5213degrees 07 minutes 21 seconds east to the westerly line14(extended northerly) of Lots 83 through 87 inclusive in15Frederick H. Bartlett's River View Estates recorded as16Document Number 853426 in Cook County; thence southerly17along said westerly line to the southerly right-of-way18line of Thorndale Avenue; thence easterly along said19southerly right-of-way line of Thorndale Avenue 14.6520feet; thence southerly along a line parallel with the21said westerly line of Lots 83 through 87 inclusive and2214.38 feet easterly, 139.45 feet; thence southwesterly23along a line which ends in the southerly line of said Lot2484 extended westerly, 85.35 feet westerly from the25southwest corner of said Lot 84; thence easterly along26said southerly line to the westerly right-of-way of Des27Plaines River Road; thence northerly along said westerly28right-of-way line to the said northerly line of the Toll29Road; thence south 52 degrees 07 minutes 21 seconds east,30along said right-of-way to the centerline of said Des31Plaines River Road; thence south 11 degrees 06 minutes 4832seconds west, along said centerline, 1.47 feet; thence33south 55 degrees 56 minutes 09 seconds east, continuing34along the said northeasterly right-of-way line of theSB745 Engrossed -1494- LRB9101253EGfg 1Toll Road (said line also being the south line of Lot 12in Rosemont Industrial Center per Document Number320066369), 411.98 feet; thence south 61 degrees 514minutes 06 seconds east, continuing along the said5northeasterly right-of-way line of the Toll Road (said6line also being along the south line of Lots 1, 2, and 57in said Rosemont Industrial Center), 599.13 feet to the8southeast corner of said Lot 5; thence north 12 degrees945 minutes 47 seconds east, along the east lines of Lots103 and 5 in said Rosemont Industrial Center, 424.40 feet;11thence north 33 degrees 51 minutes 39 seconds east, along12the east lines of Lots 3 and 4 in the said Rosemont13Industrial Center, 241.42 feet to the northeast corner of14said Lot 4; thence north 33 degrees 51 minutes 40 seconds15east, 189.38 feet to the center of said Section 3; thence16north 2 degrees 42 minutes 55 seconds east, along the17east line of the northwest quarter of said Section 3,18375.90 feet to the point of intersection with the south19line of Higgins Road, as widened per Document Number2011045055; the next three courses being along the said21south right-of-way line of Higgins Road; thence north 6422degrees 30 minutes 51 seconds west, 53.65 feet; thence23northwesterly, 436.47 feet along an arc of a circle whose24radius is 1,482.69 feet and being convex to the25southwest; thence north 47 degrees 57 minutes 51 seconds26west, 73.57 feet; thence northeasterly, along an arc of a27circle whose radius is 5,679.65 feet and being convex to28the northeast, to a point of intersection of said29southerly right-of-way of Higgins Road and the30southeasterly line of the land conveyed to James H. Lomax31by Document Number 1444990; thence northeasterly along32said southeasterly line extended, 197 feet to the center33line of the Des Plaines River; thence north 49 degrees 1134minutes 20 seconds west 325.90 feet; thence continuing inSB745 Engrossed -1495- LRB9101253EGfg 1the said center line of the Des Plaines River, north 272degrees 56 minutes 17 seconds west 370.53 feet; thence3north 12 degrees 10 minutes 40 seconds east, 16.0 feet;4thence southwesterly along said southeasterly line of Lot57 extended in Gerhart Huehl Estates Division, to said6place of beginning;7Plus,8That part of the West half of the Northwest quarter9of Section 3, Township 40 North, Range 12 East of the10Third Principal Meridian, in Cook County, Illinois,11described as follows:12Beginning at the intersection of the South line of13Devon Avenue with the East line of Shafer Court being a14point 281.01 feet East of the West line of the15aforementioned West half of the Northwest quarter of16Section 33; thence Southerly along the East line of said17Shafer Court, 193.91 feet to the South line of Lot 3 in18Gerhart Huehl Estate Division according to the plat19thereof recorded June 3, 1910, as Document 4572711, being20a point 241.74 feet East of the aforementioned West half21of the Northwest quarter of Section 33; thence East along22the South line of said Lot 3, a distance of 508.5 feet to23a point 487.69 feet West of the centerline of River Road;24thence continuing easterly along the last described line25as extended to the west line of River Road; thence26northerly along the west line of River Road to the South27line of Devon Avenue; thence westerly along the south28line of Devon Avenue to the point of beginning;29Plus,30That part of the Southwest quarter of Section 3,31Township 40 North, Range 12 East of the Third Principal32Meridian, in Cook County, Illinois, described as follows:33Beginning at the Southeast corner of Rosemont34Industrial Center, being a subdivision recorded FebruarySB745 Engrossed -1496- LRB9101253EGfg 117, 1967 as Document 20066369; thence Northwesterly along2the South line of Rosemont Industrial Center aforesaid,3and said South line extended to the Westerly line of4River Road to the South; thence Southwesterly along said5Westerly line, to the North line of Interstate 290;6thence Easterly along said North line, to the West line7of property owned by the Forest Preserve; thence along8and then Northerly along the irregular West line of9property owned by the Forest Preserve and extended across10the Interstate 290 right-of-way, to the point of11beginning;12Plus,13The Northerly 90 feet of Lot 2 in Glen J. Nixon's14Subdivision of part of Lot 15 in Assessor's Division of15part of Section 3, Township 40 North, Range 12, East of16the Third Principal Meridian, according to the plat17thereof recorded March 1, 1966 as Document 19753046, in18Cook County, Illinois, (except therefrom that part used19for River Road), all in Cook County.20AREA 1:21That part of the South West Quarter of Section 33,22Township 41 North, Range 12 East of the third Principal23Meridian, lying North of a line 575 feet north (measured24at 90 degrees) of the South line of said South West25Quarter, lying West of a line 451.45 feet East (measured26at 90 degrees) of the West line of said South West27Quarter and South of the center line of Higgins Road28(except parts taken or used for highway purposes,29including the land taken by condemnation in Case No. 65 L308179 Circuit Court of Cook County, Illinois, described as31follows: That part of the South West Quarter of Section3233, Township 41 North, Range 12 East of the Third33Principal Meridian, bounded and described as follows:34Beginning at a point of intersection of the center lineSB745 Engrossed -1497- LRB9101253EGfg 1of Higgins Road, as now located and established with the2West line of the South West Quarter of said Section 33;3thence South along said West line of the South West4Quarter of said Section, a distance of 560.2 feet to a5point in the North line of the South 575.0 feet of said6South West Quarter of said Section 33; thence East along7said North line of the South 575.0 feet of the South West8Quarter of said Section 33, a distance of 45.0 feet to a9point; thence Northeasterly in a straight line a distance10of 179.27 feet to a point, distance 50.0 feet East,11measured at right angles from the West line of the South12West Quarter of said Section 33; thence Northeasterly in13a straight line a distance of 187.38 feet to a point,14distant 62.0 feet East, measured at right angles from15said West line of the South West Quarter of said Section1633; thence North parallel with the said West line of the17South West Quarter of said Section 33 a distance of 44.7418feet to a point of curvature; thence Northeasterly along19a curved line, concave to the Southeast, having a radius20of 50.0 feet and a central angle of 107 degrees 2821minutes, a distance of 93.73 feet to a point of tangency,22distant 50.0 feet Southwest measured at right angles from23the center line of Higgins Road; thence Southeasterly24parallel with the center line of Higgins Road, a distance25of 345.09 feet to a point on a line distant, 16.0 feet26west of the east line of the west 467.34 feet of the27South West Quarter of said Section 33; thence North in a28straight line a distance of 58.71 feet to a point on said29center line of Higgins Road; thence Northwesterly along30said center line of Higgins Road a distance of 478.2331feet to the place of beginning) in Cook County, Illinois.32AREA 2:33That part of the South West 1/4 of Section 33,34Township 41 North, Range 12, East of the Third PrincipalSB745 Engrossed -1498- LRB9101253EGfg 1Meridian, lying West of the West Right of Way Line of the2Minneapolis, St. Paul and Sault Ste. Marie Railroad3(formerly the Chicago and Wisconsin Railroad) and South4of the center line of Higgins Road (except therefrom the5South 200 feet of the West 467.84 feet of said South West61/4 and also excepting therefrom that part of said South7West 1/4 lying North of the North line of the South 5758feet of said South West 1/4 and West of a line 16 feet9West of and parallel with the West line of the Tract of10land described in a Deed dated May 22, 1929, and recorded11July 9, 1929, as Document Number 10422646 (the Tract12described in said Deed being the East 10 acres of that13part of the South West 1/4 of Section 33, Township 4114North, Range 12, East of the Third Principal Meridian,15lying South of the Center line of Higgins Road and West16of the West line extended North to the center of said17Higgins Road of the East 20.62 chains of the North West181/4 of Section 4, Township 40 North, Range 12, East of19the Third Principal Meridian (excepting therefrom the20right of way of the Minneapolis, St. Paul and Sault Ste.21Marie Railroad, formerly the Chicago and Wisconsin22Railroad) and also excepting the South 50 feet of the23said South West 1/4 lying East of the West 467.84 feet24thereof) and also excepting that portion of the land25condemned for the widening of Higgins Road and Mannheim26Road in Case Number 65 L7109, in Cook County, Illinois.27AREA 3:28The North 150 feet of the South 200 feet of that29part of the South West 1/4 of Section 33, Township 4130North, Range 12 East of the Third Principal Meridian31(except the East 10 acres conveyed by George32Deamantopulas and others, to Krowka by Document 10422646)33lying South of the Center of Higgins Road (so called) and34West of the West line extended North to center of HigginsSB745 Engrossed -1499- LRB9101253EGfg 1Road of East 20.62 chains in the North West 1/4 of2Section 4, Township 40 North, Range 12 East of the Third3Principal Meridian (except the Right of Way of Chicago4and Wisconsin Railroad) in Cook County, Illinois.5AREA 4:6That part of the Southwest quarter of Section 33,7Township 41 North, Range 12 East of the Third Principal8Meridian, in Cook County, Illinois, described as follows:9Beginning at the intersection of the South line of10the Southwest quarter of Section 33 aforesaid with the11West line, extended South, of Lot 7 in Frederick H.12Bartlett's Higgins Road Farms, being a subdivision13recorded December 8, 1938 as Document 12246559; thence14North along the aforementioned West line of Lot 7, to the15center line of Higgins Road; thence Westerly along the16center line of Higgins Road, to the Westerly right-of-way17line of the Minneapolis, St. Paul and Sault Ste. Marie18Railroad; thence Southerly along said Westerly19right-of-way line, to the South line of the Southwest20quarter of Section 33 aforesaid; thence East along said21South line to the point of beginning.22Area 523The North 195.00 feet of the west 365.67 feet of the24West 1/2 of the Northeast 1/4 of Section 4, Township 4025North, Range 12 East of the Third Principal Meridian.26And also27The north 50.00 feet of the East 1/2 of the28Northwest 1/4 of said Section 4 (except that part lying29westerly of the easterly right-of-way line of the30Wisconsin Central Railroad, formerly known as the31Minneapolis, St. Paul and Sault Ste. Marie Railroad), the32east 40.00 feet of the north 195.00 feet except the north3350.00 feet thereof of said East 1/2, and all that part of34said East 1/2 described as follows: Beginning at theSB745 Engrossed -1500- LRB9101253EGfg 1northwest corner of Origer and Davis' Addition to2Rosemont, being a subdivision of part of said 1/4 Section3according to the plat thereof recorded May 27, 1963 as4Document Number 18807143, in Cook County, Illinois;5thence westerly along the northerly line of said6Subdivision extended westerly to said easterly Railroad7right-of-way line; thence northwesterly along said8right-of-way line to the southerly line of north 50.009feet of said 1/4 Section; thence easterly along said10southerly line to the easterly right-of-way line of11Kirschoff Avenue; thence southerly along said12right-of-way line to its intersection with the southerly13line of Schullo's Resubdivision extended easterly, said14Resubdivision being a Resubdivision of part of said 1/415section according to the plat thereof recorded June 17,161960 as Document Number 17885160 in Cook County,17Illinois; thence westerly along said southerly line18extended and said southerly line to the southwest corner19of said Resubdivision; thence northwesterly along the20westerly line of said Resubdivision to the northwest21corner thereof; thence westerly along the northerly line22of said Resubdivision extended westerly to a line23parallel with and 40.00 feet easterly of the easterly24right-of-way line of said Railroad; thence northwesterly25along said parallel line to said point of beginning.26And also27That part of the Southwest 1/4 of Section 33,28Township 41 North, Range 12 East of the Third Principal29Meridian lying southerly of the centerline of Higgins30Road and easterly of a north line parallel to the south31line of said 1/4 Section, beginning 565.84 feet west of32the northeast corner of the Northwest 1/4 of Section 4,33Township 40 North, Range 12 East of the Third Principal34Meridian all in Cook County, Illinois.SB745 Engrossed -1501- LRB9101253EGfg 1That part of the Southwest quarter of Section 3, the2Southeast quarter of Section 4, the Northeast quarter of3Section 9, and the Northwest quarter of Section 10,4Township 40 North, Range 12 East of the Third Principal5Meridian, in the Village of Rosemont, Cook County,6Illinois, described as follows:7Beginning in the West half of the Northeast quarter8of Section 9 aforesaid, at the intersection of the South9line of 61st Street with the Easterly right of way line10of the Minneapolis, St. Paul and Sault Ste. Marie11Railroad right-of-way; thence East along the South line12of 61st Street and its Easterly extension, to the East13line of Pearl Street; thence North along the East line of14Pearl Street to the South line of 62nd Street; thence15East along the South line of 62nd Street to the Westerly16right-of-way line of the Illinois State Toll Road; thence17Southerly along the Westerly right-of-way line of the18Toll Road to a point on a Westerly extension of the South19line of Allen Avenue; thence East along said Westerly20extension, and along the South line of Allen Avenue to21the West line of Otto Avenue; thence South along the West22line of Otto Avenue to a point on a Westerly extension of23the North line of the South 30 feet of Lot 12 in First24Addition to B.L. Carlsen's Industrial Subdivision, being25a Resubdivision in the Northeast quarter of Section 926aforesaid, according to the plat thereof recorded March275, 1962 as Document 18416079; thence East along said28Westerly extension, and along the aforementioned North29line of the South 30 feet of Lot 12, to the East line of30Lot 12; thence North along the East line of Lot 12, being31also the East line of the Northeast quarter of Section 9,32to the North line of Owner's Division of parts of Lots 433and 5 of Henry Hachmeister's Division, in the Northwest34quarter of Section 10, aforesaid, according to the platSB745 Engrossed -1502- LRB9101253EGfg 1thereof recorded April 25, 1949 as Document 14539019;2thence East along the North line of said Owner's Division3to the West line of Lot 3 in said Owner's Division;4thence South along the West line of Lot 3 to the5Southwest corner thereof; thence East along the South6line of Lot 3 to the Northwest corner of Lot 4 in said7Owner's Division; thence South along the West line of Lot84 to the Southwest corner thereof; thence East along the9South line of Lot 4, and said South line extended10Easterly, to the Easterly right of way line of River11Road; thence Northerly along the Easterly line of River12Road to the South line of Crossroads Industrial Park,13being a Subdivision in the Northwest quarter of Section1410 aforesaid, according to the plat thereof recorded15August 8, 1957 as Document 16980725; thence East along16the South line of said Crossroads Industrial Park to the17Southeast corner thereof; thence Northeasterly along the18Easterly line of said Crossroads Industrial Park, and19said Easterly line extended, to the North line of Bryn20Mawr Avenue, in the Southwest quarter of Section 321aforesaid; thence Northerly along the Westerly line of22the Forest Preserve District of Cook County, to the23Southerly right-of-way line of the Kennedy Expressway,24thence west along and following the southerly25right-of-way line of the Kennedy Expressway to the26Easterly right-of-way line of the Minneapolis, St. Paul,27and Sault Ste. Marie Railroad right-of-way; thence28Southeasterly along said Easterly right-of-way line to29the point of beginning;30(69) for a period of one year after the effective31date of this amendatory Act of 1998, by the City of32Evanston for the acquisition for redevelopment purposes33of the real property legally described as:34Lots 5 and 6 in Dempster's Subdivision of BlockSB745 Engrossed -1503- LRB9101253EGfg 166 in the Village (now City) of Evanston in the2South West 1/4 of Section 18, Township 41 North,3Range 14 East of the Third Principal Meridian, in4Cook County, Illinois and commonly known as 906-085Church Street, Evanston, Illinois; and6Lots 7, 8, 9, 10, 11, and 12 in Dempster's7Subdivision of Block 66 in Village (now City) of8Evanston, in the South West 1/4 of Section 18,9Township 41 North, Range 14 East of the Third10Principal Meridian, in Cook County, Illinois and11commonly known as 910-926 Church Street, Evanston,12Illinois.13(58) for a period from the effective date of this14amendatory Act of 1998 to August 30, 2000, by the15Southwestern Illinois Development Authority pursuant to16the Southwestern Illinois Development Authority Act for a17project 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 SB745 Engrossed -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. SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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. SB745 Engrossed -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 SB745 Engrossed -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. SB745 Engrossed -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) SB745 Engrossed -1511- LRB9101253EGfg 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) SB745 Engrossed -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 SB745 Engrossed -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. SB745 Engrossed -1514- LRB9101253EGfg 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 SB745 Engrossed -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. SB745 Engrossed -1516- LRB9101253EGfg 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 SB745 Engrossed -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 SB745 Engrossed -1518- LRB9101253EGfg 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) SB745 Engrossed -1519- LRB9101253EGfg 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. SB745 Engrossed -1520- LRB9101253EGfg 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. SB745 Engrossed -1521- LRB9101253EGfg 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 SB745 Engrossed -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, SB745 Engrossed -1523- 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. SB745 Engrossed -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: SB745 Engrossed -1525- 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 (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 SB745 Engrossed -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 SB745 Engrossed -1527- LRB9101253EGfg 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 SB745 Engrossed -1528- LRB9101253EGfg 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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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; SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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, SB745 Engrossed -1544- LRB9101253EGfg 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; SB745 Engrossed -1545- LRB9101253EGfg 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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -1548- LRB9101253EGfg 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: SB745 Engrossed -1549- LRB9101253EGfg 1 YOU ARE HEREBY NOTIFIED THAT ON (insert date)...., 19..,2THE ATTACHED AFFIDAVIT WAS FILED IN THE OFFICE OF THE 3 RECORDER OF .... COUNTY, ILLINOIS, WHOSE ADDRESS IS ........, 4 ILLINOIS. IF, WITHIN 28 DAYS OF THE DATE OF THIS NOTICE, YOU 5 FAIL TO FILE AN AFFIDAVIT OBJECTING TO THE RELEASE OF THE 6 STATED JUDGMENT LIEN OR LIENS, IN THE ABOVE OFFICE, SUCH 7 JUDGMENT LIEN WILL BE DEEMED TO BE RELEASED AND NO LONGER 8 SUBJECT TO FORECLOSURE. THIS RELEASE OF LIEN WILL NOT ACT AS 9 A SATISFACTION OF SUCH JUDGMENT. 10 (d) If no affidavit objecting to the release of the 11 lien or liens is filed within 28 days of the Notice 12 described in paragraph (c) of this Section such lien or 13 liens shall be deemed to be released and no longer 14 subject to foreclosure. 15 A judgment is not a lien on real estate for longer than 7 16 years from the time it is entered or revived. 17 When a judgment is revived it is a lien on the real 18 estate of the person against whom it was entered in any 19 county in this State from the time a transcript, certified 20 copy or memorandum of the order of revival is filed in the 21 office of the recorder in the county in which the real estate 22 is located. 23 A foreign judgment registered pursuant to Sections 12-601 24 through 12-618 of this Act is a lien upon the real estate of 25 the person against whom it was entered only from the time (1) 26 a certified copy of the verified petition for registration of 27 the foreign judgment or (2) a transcript, certified copy or 28 memorandum of the final judgment of the court of this State 29 entered on that foreign judgment is filed in the office of 30 the recorder in the county in which the real estate is 31 located. However, no such judgment shall be a lien on any 32 real estate registered under "An Act concerning land titles", 33 as amended, until Section 85 of that Act has been complied 34 with. SB745 Engrossed -1550- LRB9101253EGfg 1 The release of any transcript, certified copy or 2 memorandum of judgment or order of revival which has been 3 recorded shall be filed by the person receiving the release 4 in the office of the recorder in which such judgment or order 5 has been recorded. 6 Such release shall contain in legible letters a statement 7 as follows: 8 FOR THE PROTECTION OF THE OWNER, THIS RELEASE SHALL BE 9 FILED WITH THE RECORDER OR THE REGISTRAR OF TITLES 10 IN WHOSE OFFICE THE LIEN WAS FILED. 11 The term "memorandum" as used in this Section means a 12 memorandum or copy of the judgment signed by a judge or a 13 copy attested by the clerk of the court entering it and 14 showing the court in which entered, date, amount, number of 15 the case in which it was entered, name of the party in whose 16 favor and name and last known address of the party against 17 whom entered. If the address of the party against whom the 18 judgment was entered is not known, the memorandum or copy of 19 judgment shall so state. 20 The term "memorandum" as used in this Section also means 21 a memorandum or copy of a child support order signed by a 22 judge or a copy attested by the clerk of the court entering 23 it or a copy attested by the administrative body entering it. 24 This Section shall not be construed as showing an 25 intention of the legislature to create a new classification 26 of real estate, but shall be construed as showing an 27 intention of the legislature to continue a classification 28 already existing. 29 (Source: P.A. 90-18, eff. 7-1-97; revised 10-19-98.) 30 (735 ILCS 5/12-147) (from Ch. 110, par. 12-147) 31 Sec. 12-147. Form of deed. The deed may be 32 substantially, in the following form: 33 Whereas, A.B. .... in the .... court of .... county SB745 Engrossed -1551- LRB9101253EGfg 1 recovered a judgment against C.D. for the sum of .... and 2 costs on (insert date)..... 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 of27...., 19..,I did, on (insert date),the .... day of ....,2819..,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) SB745 Engrossed -1552- LRB9101253EGfg 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 SB745 Engrossed -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. SB745 Engrossed -1554- LRB9101253EGfg 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 SB745 Engrossed -1555- LRB9101253EGfg 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 SB745 Engrossed -1556- LRB9101253EGfg 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: SB745 Engrossed -1557- LRB9101253EGfg 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 SB745 Engrossed -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; SB745 Engrossed -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;and15 (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. SB745 Engrossed -1560- LRB9101253EGfg 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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 admissibleadmissablein 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 28admissabilityof 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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -1566- LRB9101253EGfg 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. SB745 Engrossed -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),the31.... day of ...., 19..,to secure a debt contracted on 32 (insert date).the .... day of ...., 19...SB745 Engrossed -1568- LRB9101253EGfg 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).this20.... 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: SB745 Engrossed -1569- LRB9101253EGfg 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).this10.... 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 SB745 Engrossed -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 forgoneforegoneor 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 SB745 Engrossed -1571- LRB9101253EGfg 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.) SB745 Engrossed -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 JobJobsTraining 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.) SB745 Engrossed -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. 9in accordance with the Income Withholding for Support10 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 SB745 Engrossed -1574- LRB9101253EGfg 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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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. SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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. 27in effect in accordance with the Income Withholding for28Support29 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 SB745 Engrossed -1585- LRB9101253EGfg 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 SB745 Engrossed -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 SB745 Engrossed -1587- LRB9101253EGfg 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 offices4are open for regular business.5(a-5) State the date of entry of the order for6support upon which the income withholding notice is7based; and ; and8(k) Contain the signature of the obligee or the9printed name and telephone number of the authorized10representative of the public office, except that the11failure to contain the signature of the obligee or the12printed name and telephone number of the authorized13representative of the public office shall not affect the14validity of the income withholding notice. A copy of the15income withholding notice together with A copy of the16income withholding notice together with a proof of17service on the other payor shall be filed with the Clerk18of the Circuit Court.19(9) income notice income notice income notice20 (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 SB745 Engrossed -1588- LRB9101253EGfg 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 SB745 Engrossed -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. 22in accordance with the Income Withholding for Support23 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 SB745 Engrossed -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 SB745 Engrossed -1591- LRB9101253EGfg 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 offices24are open for regular business.25(a-5) State the date of entry of the order for26support upon which the income withholding notice is27based; and ; and28(k) Contain the signature of the obligee or the29printed name and telephone number of the authorized30representative of the public office, except that the31failure to contain the signature of the obligee or the32printed name and telephone number of the authorized33representative of the public office shall not affect theSB745 Engrossed -1592- LRB9101253EGfg 1validity of the income withholding notice. A copy of the2income withholding notice together with A copy of the3income withholding notice together with a proof of4service on the other payor shall be filed with the Clerk5of the Circuit Court.6(9) income notice income notice income notice7 (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 20JobsTraining 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: SB745 Engrossed -1593- LRB9101253EGfg 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 SB745 Engrossed -1594- LRB9101253EGfg 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.19846 (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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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, SB745 Engrossed -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. SB745 Engrossed -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, SB745 Engrossed -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) containsa computation oftheperiod andtotal 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, SB745 Engrossed -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 withheldor who has18been served with a notice of delinquencypursuant 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, SB745 Engrossed -1602- LRB9101253EGfg 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 SB745 Engrossed -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 SB745 Engrossed -1604- LRB9101253EGfg 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 SB745 Engrossed -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 SB745 Engrossed -1606- LRB9101253EGfg 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 JobJobsTraining 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. SB745 Engrossed -1607- LRB9101253EGfg 1(2.5) "Business day" means a day on which State offices2are open for regular business.3(a-5) State the date of entry of the order for4support upon which the income withholding notice is5based; and ; and6(k) Contain the signature of the obligee or the7printed name and telephone number of the authorized8representative of the public office, except that the9failure to contain the signature of the obligee or the10printed name and telephone number of the authorized11representative of the public office shall not affect the12validity of the income withholding notice. A copy of the13income withholding notice together with A copy of the14income withholding notice together with a proof of15service on the other payor shall be filed with the Clerk16of the Circuit Court.17(9) income notice income notice income notice18 (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 countycountiesof less than 25 3 million population in which an order for child support is 26 entered, and in supplementary proceedings in such a county 27countiesto enforce or vary the terms of such order arising 28 out of an action filed in such a countycounties, 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 SB745 Engrossed -1608- LRB9101253EGfg 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 countycountiesof 3 million 7 or more population in which an order for child support is 8 entered, and in supplementary proceedings in such a county 9countiesto enforce or vary the terms of such order arising 10 out of an action fileddatein such a countycounties, 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 SB745 Engrossed -1609- LRB9101253EGfg 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. 30in accordance with the Income Withholding for Support31 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 SB745 Engrossed -1610- LRB9101253EGfg 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 SB745 Engrossed -1611- LRB9101253EGfg 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 SB745 Engrossed -1612- LRB9101253EGfg 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 SB745 Engrossed -1613- LRB9101253EGfg 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 SB745 Engrossed -1614- LRB9101253EGfg 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 SB745 Engrossed -1615- LRB9101253EGfg 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. SB745 Engrossed -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 forgoforegohis 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, SB745 Engrossed -1617- LRB9101253EGfg 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 forgoforegohis 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 SB745 Engrossed -1618- LRB9101253EGfg 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 SB745 Engrossed -1619- LRB9101253EGfg 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 SB745 Engrossed -1620- LRB9101253EGfg 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, SB745 Engrossed -1621- LRB9101253EGfg 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; SB745 Engrossed -1622- LRB9101253EGfg 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 SB745 Engrossed -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; SB745 Engrossed -1624- LRB9101253EGfg 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;:SB745 Engrossed -1625- LRB9101253EGfg 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 SB745 Engrossed -1626- LRB9101253EGfg 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 SB745 Engrossed -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 SB745 Engrossed -1628- LRB9101253EGfg 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:;34SB745 Engrossed -1629- LRB9101253EGfg 1 (i) was married to the mother on the date of 2 birth of the child or within 300 days before the 3 birth of the child, except for a husband or former 4 husband who has been found by a court of competent 5 jurisdiction not to be the biological father of the 6 child; or 7 (ii) is the father of the child under a 8 judgment for adoption, an order of parentage, or an 9 acknowledgment of parentage or paternity pursuant to 10 subsection (a) of Section 5 of the Illinois 11 Parentage Act of 1984; or 12 (iii) in the case of a child placed with the 13 adopting parents less than 6 months after birth, 14 openly lived with the child, the child's biological 15 mother, or both, and held himself out to be the 16 child's biological father during the first 30 days 17 following the birth of a child; or 18 (iv) in the case of a child placed with the 19 adopting parents less than 6 months after birth, 20 made a good faith effort to pay a reasonable amount 21 of the expenses related to the birth of the child 22 and to provide a reasonable amount for the financial 23 support of the child before the expiration of 30 24 days following the birth of the child, provided that 25 the court may consider in its determination all 26 relevant circumstances, including the financial 27 condition of both biological parents; or 28 (v) in the case of a child placed with the 29 adopting parents more than six months after birth, 30 has maintained substantial and continuous or 31 repeated contact with the child as manifested by: 32 (I) the payment by the father toward the support of 33 the child of a fair and reasonable sum, according to 34 the father's means, and either (II) the father's SB745 Engrossed -1630- LRB9101253EGfg 1 visiting the child at least monthly when physically 2 and financially able to do so and not prevented from 3 doing so by the person or authorized agency having 4 lawful custody of the child or (III) the father's 5 regular communication with the child or with the 6 person or agency having the care or custody of the 7 child, when physically and financially unable to 8 visit the child or prevented from doing so by the 9 person or authorized agency having lawful custody of 10 the child. The subjective intent of the father, 11 whether expressed or otherwise, unsupported by 12 evidence of acts specified in this sub-paragraph as 13 manifesting such intent, shall not preclude a 14 determination that the father failed to maintain 15 substantial and continuous or repeated contact with 16 the child; or 17 (vi) in the case of a child placed with the 18 adopting parents more than six months after birth, 19 openly lived with the child for a period of six 20 months within the one year period immediately 21 preceding the placement of the child for adoption 22 and openly held himself out to be the father of the 23 child; or 24 (vii) has timely registered with the Putative 25 Father Registry, as provided in Section 12.1 of this 26 Act, and prior to the expiration of 30 days from the 27 date of such registration, commenced legal 28 proceedings to establish paternity under the 29 Illinois Parentage Act of 1984, or under the law of 30 the jurisdiction of the child's birth. 31 (d) In making a determination under subparagraphs (b)(1) 32 and (c)(1), no showing shall be required of diligent efforts 33 by a person or agency to encourage the father to perform the 34 acts specified therein. SB745 Engrossed -1631- LRB9101253EGfg 1 (e) In the case of the adoption of an adult, only the 2 consent of such adult shall be required. 3 (Source: P.A. 89-315, eff. 1-1-96; 89-641, eff. 8-9-96; 4 90-15, eff. 6-13-97; revised 10-31-98.) 5 (750 ILCS 50/10) (from Ch. 40, par. 1512) 6 Sec. 10. Forms of consent and surrender; execution and 7 acknowledgment thereof. 8 A. The form of consent required for the adoption of a 9 born child shall be substantially as follows: 10 FINAL AND IRREVOCABLE CONSENT TO ADOPTION 11 I, ...., (relationship, e.g., mother, father, relative, 12 guardian) of ...., a ..male child, state: 13 That such child was born on .... at .... 14 That I reside at ...., County of .... and State of .... 15 That I am of the age of .... years. 16 That I hereby enter my appearance in this proceeding and 17 waive service of summons on me. 18 That I do hereby consent and agree to the adoption of 19 such child. 20 That I wish to and understand that by signing this 21 consent I do irrevocably and permanently give up all custody 22 and other parental rights I have to such child. 23 That I understand such child will be placed for adoption 24 and that I cannot under any circumstances, after signing this 25 document, change my mind and revoke or cancel this consent or 26 obtain or recover custody or any other rights over such 27 child. That I have read and understand the above and I am 28 signing it as my free and voluntary act. 29 Dated (insert date). 30this .... 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 SB745 Engrossed -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. SB745 Engrossed -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 ........................ SB745 Engrossed -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 SB745 Engrossed -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 .......... 1920 ......................... 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 SB745 Engrossed -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 ...) SB745 Engrossed -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).1914 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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 of4............, 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 SB745 Engrossed -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 ...................,4199...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 SB745 Engrossed -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 bornon24the ..... 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 SB745 Engrossed -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 SB745 Engrossed -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). 33this ...... day of....., 19.....34 ................ SB745 Engrossed -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 SB745 Engrossed -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). 12this ..... 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 SB745 Engrossed -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 entryeitherof 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), SB745 Engrossed -1653- LRB9101253EGfg 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) ..... SB745 Engrossed -1654- LRB9101253EGfg 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 SB745 Engrossed -1655- LRB9101253EGfg 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 ..... SB745 Engrossed -1656- LRB9101253EGfg 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). 24this ....... 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.......... SB745 Engrossed -1657- LRB9101253EGfg 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). 10this ..... 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 SB745 Engrossed -1658- LRB9101253EGfg 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 SB745 Engrossed -1659- LRB9101253EGfg 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 SB745 Engrossed -1660- LRB9101253EGfg 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 SB745 Engrossed -1661- LRB9101253EGfg 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 SB745 Engrossed -1662- LRB9101253EGfg 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.)2728 (a) Anyone who by trading with, bartering, gaming or any 29 other device, wrongfully possesses himself of any property of 30 a person known to be a disabled person commits a Class A 31 misdemeanor. 32 (b) Every note, bill, bond or other contract by any SB745 Engrossed -1663- LRB9101253EGfg 1 person for whom a plenary guardian has been appointed or who 2 is adjudged to be unable to so contract is void as against 3 that person and his estate, but a person making a contract 4 with the person so adjudged is bound thereby. 5 (Source: P.A. 81-795; revised 10-31-98.) 6 (755 ILCS 5/16-3) (from Ch. 110 1/2, par. 16-3) 7 Sec. 16-3. Trial by jury.)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 representativefor28any of the following causes.ifthe representative: 29 (1) the representative is acting under letters 30 secured by false pretenses; 31 (2) the representative is adjudged a person subject SB745 Engrossed -1664- LRB9101253EGfg 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 SB745 Engrossed -1665- LRB9101253EGfg 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 SB745 Engrossed -1666- LRB9101253EGfg 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: SB745 Engrossed -1667- LRB9101253EGfg 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 SB745 Engrossed -1668- LRB9101253EGfg 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 SB745 Engrossed -1669- LRB9101253EGfg 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 SB745 Engrossed -1670- LRB9101253EGfg 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, SB745 Engrossed -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 SB745 Engrossed -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. SB745 Engrossed -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). 1219 .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 acknowledgmentacknowledgementor 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 acknowledgmentacknowledgementSB745 Engrossed -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 ....3219..,a petition was filed by the undersigned, in the .... SB745 Engrossed -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 60sixtydays from the time this Act takes effect, to re-file 33 for record such deeds or other instruments or copies thereof, SB745 Engrossed -1676- LRB9101253EGfg 1 or if that cannot be done, then he shall, within 60sixty2 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, SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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. SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 ................ ................ SB745 Engrossed -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 ....................................................... SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 ...... SB745 Engrossed -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. SB745 Engrossed -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 SB745 Engrossed -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 ...... ...... SB745 Engrossed -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 ........................... SB745 Engrossed -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 anainterest 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 SB745 Engrossed -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) SB745 Engrossed -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 itheis offering time-interval exchange services for, 5 (2) itshisprincipal office address and telephone number, 6 and (3) the name of thehisresponsible managing employer and 7 the name of the person with whommaycontact 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.ThatWhenever 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 anypurchaselead 29 mineral without keeping the book or making the entries or 30 returns as herein provided, or refusesshall refuseto allow SB745 Engrossed -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 11the 4 preceding4sections,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 beby17 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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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. SB745 Engrossed -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 1510and 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 SB745 Engrossed -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.) SB745 Engrossed -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 SB745 Engrossed -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 cancellationof a registrationon 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;or20 (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 SB745 Engrossed -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 SB745 Engrossed -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 oforrecord 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 SB745 Engrossed -1706- LRB9101253EGfg 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 SB745 Engrossed -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, SB745 Engrossed -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.ThatEvery 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.ThatAll persons who may have furnished,or who 30 shall hereafter furnish to any railroad corporation now SB745 Engrossed -1709- LRB9101253EGfg 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 6sixmonths 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, materialmanmaterialmen, 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 SB745 Engrossed -1710- LRB9101253EGfg 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 13five (5) and twenty-twoof 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 any30material 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 SB745 Engrossed -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;and22 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 SB745 Engrossed -1712- LRB9101253EGfg 1 leasehold held by any purchaser of such oil and gas; and,23 5. the whole of the pipeline to which the materials 4 or services were furnished, or for which labor was 5 performed, and all buildings and appurtenances thereunto 6 belonging, including, without limiting the generality of 7 the foregoing, gates, valves, pumps, pump stations, and 8 booster stations, and upon all materials and fixtures 9 owned by the owner of such pipeline and used or employed 10 or furnished to be used or employed in the construction 11 thereof.; and12 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.) SB745 Engrossed -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. SB745 Engrossed -1714- LRB9101253EGfg 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 SB745 Engrossed -1715- LRB9101253EGfg 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 SB745 Engrossed -1716- LRB9101253EGfg 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 SB745 Engrossed -1717- LRB9101253EGfg 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. SB745 Engrossed -1718- LRB9101253EGfg 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, SB745 Engrossed -1719- LRB9101253EGfg 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.; or26 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 SB745 Engrossed -1720- LRB9101253EGfg 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. SB745 Engrossed -1721- LRB9101253EGfg 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 State28finance", 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: SB745 Engrossed -1722- LRB9101253EGfg 1 (805 ILCS 5/5.10) (from Ch. 32, par. 5.10) 2 Sec. 5.10.(a) AChange 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 SB745 Engrossed -1723- LRB9101253EGfg 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 SB745 Engrossed -1724- LRB9101253EGfg 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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -1727- LRB9101253EGfg 1 written consent, signed by all the directors in 2 office, in compliance with Section 108.458.45of 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,) SB745 Engrossed -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), 8the .... 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).this18.... 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 SB745 Engrossed -1729- LRB9101253EGfg 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).this32.... day of ...., 19...33 Such affidavit, or copy thereof, duly certified by the 34 recorder, shall be received as evidence of the due SB745 Engrossed -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: SB745 Engrossed -1731- LRB9101253EGfg 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.) SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -1734- LRB9101253EGfg 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 SB745 Engrossed -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, SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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. SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -1747- LRB9101253EGfg 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 ....29day of ...., 19...30 .... (Obligor) 31 .... (Contractor) 32 (Source: Laws 1963, p. 3543; revised 10-20-98.) SB745 Engrossed -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;, andconsent 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 ActLawhave 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 SB745 Engrossed -1749- LRB9101253EGfg 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 SB745 Engrossed -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 ActLawor 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 SB745 Engrossed -1751- LRB9101253EGfg 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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -1756- LRB9101253EGfg 1 the primary obligor. 2 No provisions in a retail installment contract obligating 3 such guarantor areisvalid 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)unlessthe 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. SB745 Engrossed -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 this6amendatory Act of1981, 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 SB745 Engrossed -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. 10B.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 SB745 Engrossed -1759- LRB9101253EGfg 1 property normally sold by a cemetery authority not covered 2 under the Illinois Funeral or Burial Funds Act"An Act3concerning agreements for furnishing or delivery of personal4property, merchandise or services in connection with the5final disposition of dead human bodies and regulating use or6disposition of funds paid on said agreements and providing7penalties for violation thereof", approved July 14, 1955, as8amended, 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 14intermentspaces" 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 thereforthereforein 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 byacemetery 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 SB745 Engrossed -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" meansmeana 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. SB745 Engrossed -1761- LRB9101253EGfg 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) SB745 Engrossed -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 SB745 Engrossed -1763- LRB9101253EGfg 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 of26......, 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 SB745 Engrossed -1764- LRB9101253EGfg 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 SB745 Engrossed -1765- LRB9101253EGfg 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 SB745 Engrossed -1766- LRB9101253EGfg 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;and17 (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 SB745 Engrossed -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.) SB745 Engrossed -1768- LRB9101253EGfg 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 SB745 Engrossed -1769- LRB9101253EGfg 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 SB745 Engrossed -1770- LRB9101253EGfg 1 be excluded under this item;or2 (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 SB745 Engrossed -1771- LRB9101253EGfg 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 SB745 Engrossed -1772- LRB9101253EGfg 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.) SB745 Engrossed -1773- LRB9101253EGfg 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 thereforthereforeis made to such agency within 30 18thirtydays 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 SB745 Engrossed -1774- LRB9101253EGfg 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 2twoyears 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 SB745 Engrossed -1775- LRB9101253EGfg 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 SB745 Engrossed -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 SB745 Engrossed -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 inSection225 ofthis 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. SB745 Engrossed -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 SB745 Engrossed -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. SB745 Engrossed -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 theIllinois "Unemployment 29 InsuranceCompensationAct", 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 SB745 Engrossed -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, lunchroomlunch15rooms, beauty parlorparlors, barber shop, bakerybakeries, 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'sfarmersown 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 29theschool vacations or outside of school hours. 30 (Source: P.A. 84-551; revised 10-31-98.) 31 Section 309. The Toxic Substances Disclosure to SB745 Engrossed -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 immediateimmediately31 expense incurred by job training program participants. SB745 Engrossed -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 SB745 Engrossed -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. SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -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 SB745 Engrossed -1805- LRB9101253EGfg 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 SB745 Engrossed -1806- LRB9101253EGfg 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 SB745 Engrossed -1807- LRB9101253EGfg 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 SB745 Engrossed -1808- LRB9101253EGfg 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 SB745 Engrossed -1809- LRB9101253EGfg 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.