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Public Act 100-0863 | ||||
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AN ACT to revise the law by combining multiple enactments | ||||
and making technical corrections.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Nature of this Act. | ||||
(a) This Act may be cited as the First 2018 General | ||||
Revisory Act. | ||||
(b) This Act is not intended to make any substantive change | ||||
in the law. It reconciles conflicts that have arisen from | ||||
multiple amendments and enactments and makes technical | ||||
corrections and revisions in the law. | ||||
This Act revises and, where appropriate, renumbers certain | ||||
Sections that have been added or amended by more than one | ||||
Public Act. In certain cases in which a repealed Act or Section | ||||
has been replaced with a successor law, this Act may | ||||
incorporate amendments to the repealed Act or Section into the | ||||
successor law. This Act also corrects errors, revises | ||||
cross-references, and deletes obsolete text. | ||||
(c) In this Act, the reference at the end of each amended | ||||
Section indicates the sources in the Session Laws of Illinois | ||||
that were used in the preparation of the text of that Section. | ||||
The text of the Section included in this Act is intended to | ||||
include the different versions of the Section found in the | ||||
Public Acts included in the list of sources, but may not |
include other versions of the Section to be found in Public | ||
Acts not included in the list of sources. The list of sources | ||
is not a part of the text of the Section. | ||
(d) Public Acts 99-920 through 100-534 were considered in | ||
the preparation of the combining revisories included in this | ||
Act. Many of those combining revisories contain no striking or | ||
underscoring because no additional changes are being made in | ||
the material that is being combined. | ||
Section 5. The Regulatory Sunset Act is amended by changing | ||
Section 4.30 as follows: | ||
(5 ILCS 80/4.30) | ||
Sec. 4.30. Acts repealed on January 1, 2020. The following | ||
Acts are repealed on January 1, 2020: | ||
The Auction License Act. | ||
The Community Association Manager Licensing and | ||
Disciplinary Act. | ||
The Illinois Architecture Practice Act of 1989. | ||
The Illinois Landscape Architecture Act of 1989. | ||
The Illinois Professional Land Surveyor Act of 1989. | ||
The Orthotics, Prosthetics, and Pedorthics Practice Act. | ||
The Perfusionist Practice Act.
| ||
The Pharmacy Practice Act. | ||
The Professional Engineering Practice Act of 1989. | ||
The Real Estate License Act of 2000. |
The Structural Engineering Practice Act of 1989. | ||
(Source: P.A. 100-497, eff. 9-8-17; 100-534, eff. 9-22-17; | ||
revised 10-18-17.) | ||
Section 10. The Freedom of Information Act is amended by | ||
changing Section 7.5 as follows: | ||
(5 ILCS 140/7.5) | ||
(Text of Section before amendment by P.A. 100-512 and | ||
100-517 ) | ||
Sec. 7.5. Statutory exemptions. To the extent provided for | ||
by the statutes referenced below, the following shall be exempt | ||
from inspection and copying: | ||
(a) All information determined to be confidential | ||
under Section 4002 of the Technology Advancement and | ||
Development Act. | ||
(b) Library circulation and order records identifying | ||
library users with specific materials under the Library | ||
Records Confidentiality Act. | ||
(c) Applications, related documents, and medical | ||
records received by the Experimental Organ Transplantation | ||
Procedures Board and any and all documents or other records | ||
prepared by the Experimental Organ Transplantation | ||
Procedures Board or its staff relating to applications it | ||
has received. | ||
(d) Information and records held by the Department of |
Public Health and its authorized representatives relating | ||
to known or suspected cases of sexually transmissible | ||
disease or any information the disclosure of which is | ||
restricted under the Illinois Sexually Transmissible | ||
Disease Control Act. | ||
(e) Information the disclosure of which is exempted | ||
under Section 30 of the Radon Industry Licensing Act. | ||
(f) Firm performance evaluations under Section 55 of | ||
the Architectural, Engineering, and Land Surveying | ||
Qualifications Based Selection Act. | ||
(g) Information the disclosure of which is restricted | ||
and exempted under Section 50 of the Illinois Prepaid | ||
Tuition Act. | ||
(h) Information the disclosure of which is exempted | ||
under the State Officials and Employees Ethics Act, and | ||
records of any lawfully created State or local inspector | ||
general's office that would be exempt if created or | ||
obtained by an Executive Inspector General's office under | ||
that Act. | ||
(i) Information contained in a local emergency energy | ||
plan submitted to a municipality in accordance with a local | ||
emergency energy plan ordinance that is adopted under | ||
Section 11-21.5-5 of the Illinois Municipal Code. | ||
(j) Information and data concerning the distribution | ||
of surcharge moneys collected and remitted by carriers | ||
under the Emergency Telephone System Act. |
(k) Law enforcement officer identification information | ||
or driver identification information compiled by a law | ||
enforcement agency or the Department of Transportation | ||
under Section 11-212 of the Illinois Vehicle Code. | ||
(l) Records and information provided to a residential | ||
health care facility resident sexual assault and death | ||
review team or the Executive Council under the Abuse | ||
Prevention Review Team Act. | ||
(m) Information provided to the predatory lending | ||
database created pursuant to Article 3 of the Residential | ||
Real Property Disclosure Act, except to the extent | ||
authorized under that Article. | ||
(n) Defense budgets and petitions for certification of | ||
compensation and expenses for court appointed trial | ||
counsel as provided under Sections 10 and 15 of the Capital | ||
Crimes Litigation Act. This subsection (n) shall apply | ||
until the conclusion of the trial of the case, even if the | ||
prosecution chooses not to pursue the death penalty prior | ||
to trial or sentencing. | ||
(o) Information that is prohibited from being | ||
disclosed under Section 4 of the Illinois Health and | ||
Hazardous Substances Registry Act. | ||
(p) Security portions of system safety program plans, | ||
investigation reports, surveys, schedules, lists, data, or | ||
information compiled, collected, or prepared by or for the | ||
Regional Transportation Authority under Section 2.11 of |
the Regional Transportation Authority Act or the St. Clair | ||
County Transit District under the Bi-State Transit Safety | ||
Act. | ||
(q) Information prohibited from being disclosed by the | ||
Personnel Records Review Act. | ||
(r) Information prohibited from being disclosed by the | ||
Illinois School Student Records Act. | ||
(s) Information the disclosure of which is restricted | ||
under Section 5-108 of the Public Utilities Act.
| ||
(t) All identified or deidentified health information | ||
in the form of health data or medical records contained in, | ||
stored in, submitted to, transferred by, or released from | ||
the Illinois Health Information Exchange, and identified | ||
or deidentified health information in the form of health | ||
data and medical records of the Illinois Health Information | ||
Exchange in the possession of the Illinois Health | ||
Information Exchange Authority due to its administration | ||
of the Illinois Health Information Exchange. The terms | ||
"identified" and "deidentified" shall be given the same | ||
meaning as in the Health Insurance Portability and | ||
Accountability Act of 1996, Public Law 104-191, or any | ||
subsequent amendments thereto, and any regulations | ||
promulgated thereunder. | ||
(u) Records and information provided to an independent | ||
team of experts under Brian's Law. | ||
(v) Names and information of people who have applied |
for or received Firearm Owner's Identification Cards under | ||
the Firearm Owners Identification Card Act or applied for | ||
or received a concealed carry license under the Firearm | ||
Concealed Carry Act, unless otherwise authorized by the | ||
Firearm Concealed Carry Act; and databases under the | ||
Firearm Concealed Carry Act, records of the Concealed Carry | ||
Licensing Review Board under the Firearm Concealed Carry | ||
Act, and law enforcement agency objections under the | ||
Firearm Concealed Carry Act. | ||
(w) Personally identifiable information which is | ||
exempted from disclosure under subsection (g) of Section | ||
19.1 of the Toll Highway Act. | ||
(x) Information which is exempted from disclosure | ||
under Section 5-1014.3 of the Counties Code or Section | ||
8-11-21 of the Illinois Municipal Code. | ||
(y) Confidential information under the Adult | ||
Protective Services Act and its predecessor enabling | ||
statute, the Elder Abuse and Neglect Act, including | ||
information about the identity and administrative finding | ||
against any caregiver of a verified and substantiated | ||
decision of abuse, neglect, or financial exploitation of an | ||
eligible adult maintained in the Registry established | ||
under Section 7.5 of the Adult Protective Services Act. | ||
(z) Records and information provided to a fatality | ||
review team or the Illinois Fatality Review Team Advisory | ||
Council under Section 15 of the Adult Protective Services |
Act. | ||
(aa) Information which is exempted from disclosure | ||
under Section 2.37 of the Wildlife Code. | ||
(bb) Information which is or was prohibited from | ||
disclosure by the Juvenile Court Act of 1987. | ||
(cc) Recordings made under the Law Enforcement | ||
Officer-Worn Body Camera Act, except to the extent | ||
authorized under that Act. | ||
(dd) Information that is prohibited from being | ||
disclosed under Section 45 of the Condominium and Common | ||
Interest Community Ombudsperson Act. | ||
(ee) Information that is exempted from disclosure | ||
under Section 30.1 of the Pharmacy Practice Act. | ||
(ff) Information that is exempted from disclosure | ||
under the Revised Uniform Unclaimed Property Act. | ||
(gg) (ff) Information that is prohibited from being | ||
disclosed under Section 7-603.5 of the Illinois Vehicle | ||
Code. | ||
(hh) (ff) Records that are exempt from disclosure under | ||
Section 1A-16.7 of the Election Code. | ||
(ii) (ff) Information which is exempted from | ||
disclosure under Section 2505-800 of the Department of | ||
Revenue Law of the Civil Administrative Code of Illinois. | ||
(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, | ||
eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; | ||
99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; |
100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | ||
8-28-17; 100-465, eff. 8-31-17; revised 11-2-17.) | ||
(Text of Section after amendment by P.A. 100-517 but before | ||
amendment by P.A. 100-512 ) | ||
Sec. 7.5. Statutory exemptions. To the extent provided for | ||
by the statutes referenced below, the following shall be exempt | ||
from inspection and copying: | ||
(a) All information determined to be confidential | ||
under Section 4002 of the Technology Advancement and | ||
Development Act. | ||
(b) Library circulation and order records identifying | ||
library users with specific materials under the Library | ||
Records Confidentiality Act. | ||
(c) Applications, related documents, and medical | ||
records received by the Experimental Organ Transplantation | ||
Procedures Board and any and all documents or other records | ||
prepared by the Experimental Organ Transplantation | ||
Procedures Board or its staff relating to applications it | ||
has received. | ||
(d) Information and records held by the Department of | ||
Public Health and its authorized representatives relating | ||
to known or suspected cases of sexually transmissible | ||
disease or any information the disclosure of which is | ||
restricted under the Illinois Sexually Transmissible | ||
Disease Control Act. |
(e) Information the disclosure of which is exempted | ||
under Section 30 of the Radon Industry Licensing Act. | ||
(f) Firm performance evaluations under Section 55 of | ||
the Architectural, Engineering, and Land Surveying | ||
Qualifications Based Selection Act. | ||
(g) Information the disclosure of which is restricted | ||
and exempted under Section 50 of the Illinois Prepaid | ||
Tuition Act. | ||
(h) Information the disclosure of which is exempted | ||
under the State Officials and Employees Ethics Act, and | ||
records of any lawfully created State or local inspector | ||
general's office that would be exempt if created or | ||
obtained by an Executive Inspector General's office under | ||
that Act. | ||
(i) Information contained in a local emergency energy | ||
plan submitted to a municipality in accordance with a local | ||
emergency energy plan ordinance that is adopted under | ||
Section 11-21.5-5 of the Illinois Municipal Code. | ||
(j) Information and data concerning the distribution | ||
of surcharge moneys collected and remitted by carriers | ||
under the Emergency Telephone System Act. | ||
(k) Law enforcement officer identification information | ||
or driver identification information compiled by a law | ||
enforcement agency or the Department of Transportation | ||
under Section 11-212 of the Illinois Vehicle Code. | ||
(l) Records and information provided to a residential |
health care facility resident sexual assault and death | ||
review team or the Executive Council under the Abuse | ||
Prevention Review Team Act. | ||
(m) Information provided to the predatory lending | ||
database created pursuant to Article 3 of the Residential | ||
Real Property Disclosure Act, except to the extent | ||
authorized under that Article. | ||
(n) Defense budgets and petitions for certification of | ||
compensation and expenses for court appointed trial | ||
counsel as provided under Sections 10 and 15 of the Capital | ||
Crimes Litigation Act. This subsection (n) shall apply | ||
until the conclusion of the trial of the case, even if the | ||
prosecution chooses not to pursue the death penalty prior | ||
to trial or sentencing. | ||
(o) Information that is prohibited from being | ||
disclosed under Section 4 of the Illinois Health and | ||
Hazardous Substances Registry Act. | ||
(p) Security portions of system safety program plans, | ||
investigation reports, surveys, schedules, lists, data, or | ||
information compiled, collected, or prepared by or for the | ||
Regional Transportation Authority under Section 2.11 of | ||
the Regional Transportation Authority Act or the St. Clair | ||
County Transit District under the Bi-State Transit Safety | ||
Act. | ||
(q) Information prohibited from being disclosed by the | ||
Personnel Records Review Act. |
(r) Information prohibited from being disclosed by the | ||
Illinois School Student Records Act. | ||
(s) Information the disclosure of which is restricted | ||
under Section 5-108 of the Public Utilities Act.
| ||
(t) All identified or deidentified health information | ||
in the form of health data or medical records contained in, | ||
stored in, submitted to, transferred by, or released from | ||
the Illinois Health Information Exchange, and identified | ||
or deidentified health information in the form of health | ||
data and medical records of the Illinois Health Information | ||
Exchange in the possession of the Illinois Health | ||
Information Exchange Authority due to its administration | ||
of the Illinois Health Information Exchange. The terms | ||
"identified" and "deidentified" shall be given the same | ||
meaning as in the Health Insurance Portability and | ||
Accountability Act of 1996, Public Law 104-191, or any | ||
subsequent amendments thereto, and any regulations | ||
promulgated thereunder. | ||
(u) Records and information provided to an independent | ||
team of experts under Brian's Law. | ||
(v) Names and information of people who have applied | ||
for or received Firearm Owner's Identification Cards under | ||
the Firearm Owners Identification Card Act or applied for | ||
or received a concealed carry license under the Firearm | ||
Concealed Carry Act, unless otherwise authorized by the | ||
Firearm Concealed Carry Act; and databases under the |
Firearm Concealed Carry Act, records of the Concealed Carry | ||
Licensing Review Board under the Firearm Concealed Carry | ||
Act, and law enforcement agency objections under the | ||
Firearm Concealed Carry Act. | ||
(w) Personally identifiable information which is | ||
exempted from disclosure under subsection (g) of Section | ||
19.1 of the Toll Highway Act. | ||
(x) Information which is exempted from disclosure | ||
under Section 5-1014.3 of the Counties Code or Section | ||
8-11-21 of the Illinois Municipal Code. | ||
(y) Confidential information under the Adult | ||
Protective Services Act and its predecessor enabling | ||
statute, the Elder Abuse and Neglect Act, including | ||
information about the identity and administrative finding | ||
against any caregiver of a verified and substantiated | ||
decision of abuse, neglect, or financial exploitation of an | ||
eligible adult maintained in the Registry established | ||
under Section 7.5 of the Adult Protective Services Act. | ||
(z) Records and information provided to a fatality | ||
review team or the Illinois Fatality Review Team Advisory | ||
Council under Section 15 of the Adult Protective Services | ||
Act. | ||
(aa) Information which is exempted from disclosure | ||
under Section 2.37 of the Wildlife Code. | ||
(bb) Information which is or was prohibited from | ||
disclosure by the Juvenile Court Act of 1987. |
(cc) Recordings made under the Law Enforcement | ||
Officer-Worn Body Camera Act, except to the extent | ||
authorized under that Act. | ||
(dd) Information that is prohibited from being | ||
disclosed under Section 45 of the Condominium and Common | ||
Interest Community Ombudsperson Act. | ||
(ee) Information that is exempted from disclosure | ||
under Section 30.1 of the Pharmacy Practice Act. | ||
(ff) Information that is exempted from disclosure | ||
under the Revised Uniform Unclaimed Property Act. | ||
(gg) (ff) Information that is prohibited from being | ||
disclosed under Section 7-603.5 of the Illinois Vehicle | ||
Code. | ||
(hh) (ff) Records that are exempt from disclosure under | ||
Section 1A-16.7 of the Election Code. | ||
(ii) (ff) Information which is exempted from | ||
disclosure under Section 2505-800 of the Department of | ||
Revenue Law of the Civil Administrative Code of Illinois. | ||
(jj) (ff) Information and reports that are required to | ||
be submitted to the Department of Labor by registering day | ||
and temporary labor service agencies but are exempt from | ||
disclosure under subsection (a-1) of Section 45 of the Day | ||
and Temporary Labor Services Act. | ||
(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, | ||
eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; | ||
99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; |
100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | ||
8-28-17; 100-465, eff. 8-31-17; 100-517, eff. 6-1-18; revised | ||
11-2-17.) | ||
(Text of Section after amendment by P.A. 100-512 ) | ||
Sec. 7.5. Statutory exemptions. To the extent provided for | ||
by the statutes referenced below, the following shall be exempt | ||
from inspection and copying: | ||
(a) All information determined to be confidential | ||
under Section 4002 of the Technology Advancement and | ||
Development Act. | ||
(b) Library circulation and order records identifying | ||
library users with specific materials under the Library | ||
Records Confidentiality Act. | ||
(c) Applications, related documents, and medical | ||
records received by the Experimental Organ Transplantation | ||
Procedures Board and any and all documents or other records | ||
prepared by the Experimental Organ Transplantation | ||
Procedures Board or its staff relating to applications it | ||
has received. | ||
(d) Information and records held by the Department of | ||
Public Health and its authorized representatives relating | ||
to known or suspected cases of sexually transmissible | ||
disease or any information the disclosure of which is | ||
restricted under the Illinois Sexually Transmissible | ||
Disease Control Act. |
(e) Information the disclosure of which is exempted | ||
under Section 30 of the Radon Industry Licensing Act. | ||
(f) Firm performance evaluations under Section 55 of | ||
the Architectural, Engineering, and Land Surveying | ||
Qualifications Based Selection Act. | ||
(g) Information the disclosure of which is restricted | ||
and exempted under Section 50 of the Illinois Prepaid | ||
Tuition Act. | ||
(h) Information the disclosure of which is exempted | ||
under the State Officials and Employees Ethics Act, and | ||
records of any lawfully created State or local inspector | ||
general's office that would be exempt if created or | ||
obtained by an Executive Inspector General's office under | ||
that Act. | ||
(i) Information contained in a local emergency energy | ||
plan submitted to a municipality in accordance with a local | ||
emergency energy plan ordinance that is adopted under | ||
Section 11-21.5-5 of the Illinois Municipal Code. | ||
(j) Information and data concerning the distribution | ||
of surcharge moneys collected and remitted by carriers | ||
under the Emergency Telephone System Act. | ||
(k) Law enforcement officer identification information | ||
or driver identification information compiled by a law | ||
enforcement agency or the Department of Transportation | ||
under Section 11-212 of the Illinois Vehicle Code. | ||
(l) Records and information provided to a residential |
health care facility resident sexual assault and death | ||
review team or the Executive Council under the Abuse | ||
Prevention Review Team Act. | ||
(m) Information provided to the predatory lending | ||
database created pursuant to Article 3 of the Residential | ||
Real Property Disclosure Act, except to the extent | ||
authorized under that Article. | ||
(n) Defense budgets and petitions for certification of | ||
compensation and expenses for court appointed trial | ||
counsel as provided under Sections 10 and 15 of the Capital | ||
Crimes Litigation Act. This subsection (n) shall apply | ||
until the conclusion of the trial of the case, even if the | ||
prosecution chooses not to pursue the death penalty prior | ||
to trial or sentencing. | ||
(o) Information that is prohibited from being | ||
disclosed under Section 4 of the Illinois Health and | ||
Hazardous Substances Registry Act. | ||
(p) Security portions of system safety program plans, | ||
investigation reports, surveys, schedules, lists, data, or | ||
information compiled, collected, or prepared by or for the | ||
Regional Transportation Authority under Section 2.11 of | ||
the Regional Transportation Authority Act or the St. Clair | ||
County Transit District under the Bi-State Transit Safety | ||
Act. | ||
(q) Information prohibited from being disclosed by the | ||
Personnel Records Review Act. |
(r) Information prohibited from being disclosed by the | ||
Illinois School Student Records Act. | ||
(s) Information the disclosure of which is restricted | ||
under Section 5-108 of the Public Utilities Act.
| ||
(t) All identified or deidentified health information | ||
in the form of health data or medical records contained in, | ||
stored in, submitted to, transferred by, or released from | ||
the Illinois Health Information Exchange, and identified | ||
or deidentified health information in the form of health | ||
data and medical records of the Illinois Health Information | ||
Exchange in the possession of the Illinois Health | ||
Information Exchange Authority due to its administration | ||
of the Illinois Health Information Exchange. The terms | ||
"identified" and "deidentified" shall be given the same | ||
meaning as in the Health Insurance Portability and | ||
Accountability Act of 1996, Public Law 104-191, or any | ||
subsequent amendments thereto, and any regulations | ||
promulgated thereunder. | ||
(u) Records and information provided to an independent | ||
team of experts under Brian's Law. | ||
(v) Names and information of people who have applied | ||
for or received Firearm Owner's Identification Cards under | ||
the Firearm Owners Identification Card Act or applied for | ||
or received a concealed carry license under the Firearm | ||
Concealed Carry Act, unless otherwise authorized by the | ||
Firearm Concealed Carry Act; and databases under the |
Firearm Concealed Carry Act, records of the Concealed Carry | ||
Licensing Review Board under the Firearm Concealed Carry | ||
Act, and law enforcement agency objections under the | ||
Firearm Concealed Carry Act. | ||
(w) Personally identifiable information which is | ||
exempted from disclosure under subsection (g) of Section | ||
19.1 of the Toll Highway Act. | ||
(x) Information which is exempted from disclosure | ||
under Section 5-1014.3 of the Counties Code or Section | ||
8-11-21 of the Illinois Municipal Code. | ||
(y) Confidential information under the Adult | ||
Protective Services Act and its predecessor enabling | ||
statute, the Elder Abuse and Neglect Act, including | ||
information about the identity and administrative finding | ||
against any caregiver of a verified and substantiated | ||
decision of abuse, neglect, or financial exploitation of an | ||
eligible adult maintained in the Registry established | ||
under Section 7.5 of the Adult Protective Services Act. | ||
(z) Records and information provided to a fatality | ||
review team or the Illinois Fatality Review Team Advisory | ||
Council under Section 15 of the Adult Protective Services | ||
Act. | ||
(aa) Information which is exempted from disclosure | ||
under Section 2.37 of the Wildlife Code. | ||
(bb) Information which is or was prohibited from | ||
disclosure by the Juvenile Court Act of 1987. |
(cc) Recordings made under the Law Enforcement | ||
Officer-Worn Body Camera Act, except to the extent | ||
authorized under that Act. | ||
(dd) Information that is prohibited from being | ||
disclosed under Section 45 of the Condominium and Common | ||
Interest Community Ombudsperson Act. | ||
(ee) Information that is exempted from disclosure | ||
under Section 30.1 of the Pharmacy Practice Act. | ||
(ff) Information that is exempted from disclosure | ||
under the Revised Uniform Unclaimed Property Act. | ||
(gg) (ff) Information that is prohibited from being | ||
disclosed under Section 7-603.5 of the Illinois Vehicle | ||
Code. | ||
(hh) (ff) Records that are exempt from disclosure under | ||
Section 1A-16.7 of the Election Code. | ||
(ii) (ff) Information which is exempted from | ||
disclosure under Section 2505-800 of the Department of | ||
Revenue Law of the Civil Administrative Code of Illinois. | ||
(jj) (ff) Information and reports that are required to | ||
be submitted to the Department of Labor by registering day | ||
and temporary labor service agencies but are exempt from | ||
disclosure under subsection (a-1) of Section 45 of the Day | ||
and Temporary Labor Services Act. | ||
(kk) (ff) Information prohibited from disclosure under | ||
the Seizure and Forfeiture Reporting Act. | ||
(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, |
eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; | ||
99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | ||
100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | ||
8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, | ||
eff. 6-1-18; revised 11-2-17.) | ||
Section 15. The State Employees Group Insurance Act of 1971 | ||
is amended by changing Section 6.11 as follows:
| ||
(5 ILCS 375/6.11)
| ||
Sec. 6.11. Required health benefits; Illinois Insurance | ||
Code
requirements. The program of health
benefits shall provide | ||
the post-mastectomy care benefits required to be covered
by a | ||
policy of accident and health insurance under Section 356t of | ||
the Illinois
Insurance Code. The program of health benefits | ||
shall provide the coverage
required under Sections 356g, | ||
356g.5, 356g.5-1, 356m,
356u, 356w, 356x, 356z.2, 356z.4, | ||
356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, | ||
356z.14, 356z.15, 356z.17, 356z.22, and 356z.25 , and 356z.26 of | ||
the
Illinois Insurance Code.
The program of health benefits | ||
must comply with Sections 155.22a, 155.37, 355b, 356z.19, 370c, | ||
and 370c.1 of the
Illinois Insurance Code.
| ||
Rulemaking authority to implement Public Act 95-1045, if | ||
any, is conditioned on the rules being adopted in accordance | ||
with all provisions of the Illinois Administrative Procedure | ||
Act and all rules and procedures of the Joint Committee on |
Administrative Rules; any purported rule not so adopted, for | ||
whatever reason, is unauthorized. | ||
(Source: P.A. 99-480, eff. 9-9-15; 100-24, eff. 7-18-17; | ||
100-138, eff. 8-18-17; revised 10-3-17.) | ||
Section 25. The Election Code is amended by changing | ||
Sections 1-2, 1A-8, 1A-16, 2A-30, 3-5, 12-5, 21-2, and 28-7 as | ||
follows:
| ||
(10 ILCS 5/1-2) (from Ch. 46, par. 1-2)
| ||
Sec. 1-2.
The provisions of this Act, so far as they are | ||
the same as those
of any prior statute, shall be construed as a | ||
continuation of such prior
provisions, and not as a new | ||
enactment.
| ||
If in any other statute reference is made to an Act of the | ||
General
Assembly, or a Section section of such an Act, which is | ||
continued in this election
Code, such reference shall be held | ||
to refer to the Act or Section section thereof
so continued in | ||
this Code.
| ||
(Source: Laws 1943, vol. 2, p. 1; revised 9-22-17.)
| ||
(10 ILCS 5/1A-8) (from Ch. 46, par. 1A-8)
| ||
Sec. 1A-8. The State Board of Elections shall exercise the | ||
following
powers and perform the following duties in addition | ||
to any powers or duties
otherwise provided for by law:
| ||
(1) Assume all duties and responsibilities of the State |
Electoral Board
and the Secretary of State as heretofore | ||
provided in this Code Act ;
| ||
(2) Disseminate information to and consult with | ||
election authorities
concerning the conduct of elections | ||
and registration in accordance with the
laws of this State | ||
and the laws of the United States;
| ||
(3) Furnish to each election authority prior to each | ||
primary and general
election and any other election it | ||
deems necessary, a manual of uniform
instructions | ||
consistent with the provisions of this Code Act which shall | ||
be used
by election authorities in the preparation of the | ||
official manual of
instruction to be used by the judges of | ||
election in any such election. In
preparing such manual, | ||
the State Board shall consult with representatives
of the | ||
election authorities throughout the State. The State Board | ||
may
provide separate portions of the uniform instructions | ||
applicable to
different election jurisdictions which | ||
administer elections under different
options provided by | ||
law. The State Board may by regulation require
particular | ||
portions of the uniform instructions to be included in any
| ||
official manual of instructions published by election | ||
authorities. Any
manual of instructions published by any | ||
election authority shall be
identical with the manual of | ||
uniform instructions issued by the Board, but
may be | ||
adapted by the election authority to accommodate special or | ||
unusual
local election problems, provided that all manuals |
published by election
authorities must be consistent with | ||
the provisions of this Code Act in all
respects and must | ||
receive the approval of the State Board of Elections
prior | ||
to publication; provided further that if the State Board | ||
does not
approve or disapprove of a proposed manual within | ||
60 days of its
submission, the manual shall be deemed | ||
approved.
| ||
(4) Prescribe and require the use of such uniform | ||
forms, notices, and
other supplies not inconsistent with | ||
the provisions of this Code Act as it shall
deem advisable | ||
which shall be used by election authorities in the conduct
| ||
of elections and registrations;
| ||
(5) Prepare and certify the form of ballot for any | ||
proposed amendment to
the Constitution of the State of | ||
Illinois, or any referendum to be
submitted to the electors | ||
throughout the State or, when required to do so
by law, to | ||
the voters of any area or unit of local government of the | ||
State;
| ||
(6) Require such statistical reports regarding the | ||
conduct of elections
and registration from election | ||
authorities as may be deemed necessary;
| ||
(7) Review and inspect procedures and records relating | ||
to conduct of
elections and registration as may be deemed | ||
necessary, and to report
violations of election laws to the | ||
appropriate State's Attorney or the Attorney General;
| ||
(8) Recommend to the General Assembly legislation to |
improve the
administration of elections and registration;
| ||
(9) Adopt, amend or rescind rules and regulations in | ||
the performance of
its duties provided that all such rules | ||
and regulations must be consistent
with the provisions of | ||
this Article 1A or issued pursuant to authority
otherwise | ||
provided by law;
| ||
(10) Determine the validity and sufficiency of | ||
petitions filed under
Article XIV, Section 3, of the | ||
Constitution of the State of Illinois of 1970;
| ||
(11) Maintain in its principal office a research | ||
library that includes,
but is not limited to, abstracts of | ||
votes by precinct for general primary
elections and general | ||
elections, current precinct maps and current precinct
poll | ||
lists from all election jurisdictions within the State. The | ||
research
library shall be open to the public during regular | ||
business hours. Such
abstracts, maps and lists shall be | ||
preserved as permanent records and shall
be available for | ||
examination and copying at a reasonable cost;
| ||
(12) Supervise the administration of the registration | ||
and election laws
throughout the State;
| ||
(13) Obtain from the Department of Central Management | ||
Services,
under Section 405-250 of the Department of | ||
Central Management
Services Law (20 ILCS 405/405-250),
| ||
such use
of electronic data processing equipment as may be | ||
required to perform the
duties of the State Board of | ||
Elections and to provide election-related
information to |
candidates, public and party officials, interested civic
| ||
organizations and the general public in a timely and | ||
efficient manner;
| ||
(14) To take such action as may be necessary or | ||
required to give
effect to directions of the national | ||
committee or State central committee of an established
| ||
political party under Sections 7-8, 7-11 , and 7-14.1 or | ||
such other
provisions as may be applicable pertaining to | ||
the selection of delegates
and alternate delegates to an | ||
established political party's national
nominating | ||
conventions or, notwithstanding any candidate | ||
certification
schedule contained within this the Election | ||
Code, the certification of the
Presidential and Vice
| ||
Presidential candidate selected by the established | ||
political party's national nominating
convention;
| ||
(15) To post all early voting sites separated by | ||
election authority and hours of operation on its website at | ||
least 5 business days before the period for early voting | ||
begins; and | ||
(16) To post on its website the statewide totals, and | ||
totals separated by each election authority, for each of | ||
the counts received pursuant to Section 1-9.2. | ||
The Board may by regulation delegate any of its duties or
| ||
functions under this Article, except that final determinations | ||
and orders
under this Article shall be issued only by the | ||
Board.
|
The requirement for reporting to the General Assembly shall | ||
be satisfied
by filing copies of the report with the Speaker, | ||
the Minority Leader , and
the Clerk of the House of | ||
Representatives , and the President, the Minority
Leader , and | ||
the Secretary of the Senate , and the Legislative Research
Unit, | ||
as required by Section 3.1 of the General Assembly Organization | ||
Act "An Act to revise the law in relation
to the General | ||
Assembly", approved February 25, 1874, as amended , and
filing | ||
such additional copies with the State Government Report | ||
Distribution
Center for the General Assembly as is required | ||
under paragraph (t) of
Section 7 of the State Library Act.
| ||
(Source: P.A. 98-1171, eff. 6-1-15; revised 9-21-17.)
| ||
(10 ILCS 5/1A-16)
| ||
Sec. 1A-16. Voter registration information; Internet | ||
posting; processing
of voter registration forms; content of | ||
such forms. Notwithstanding any law to
the contrary, the | ||
following provisions shall apply to voter registration under
| ||
this Code.
| ||
(a) Voter registration information; Internet posting of | ||
voter registration
form. Within 90 days after August 21, 2003 | ||
( the effective date of Public Act 93-574) this amendatory Act | ||
of the
93rd
General Assembly , the State Board of Elections | ||
shall post on its World Wide Web
site the following | ||
information:
| ||
(1) A comprehensive list of the names, addresses, phone |
numbers, and
websites, if applicable, of all county clerks | ||
and boards
of election commissioners in Illinois.
| ||
(2) A schedule of upcoming elections and the deadline | ||
for voter
registration.
| ||
(3) A downloadable, printable voter registration form, | ||
in at least English
and in
Spanish versions, that a person | ||
may complete and mail or submit to the
State Board of | ||
Elections or the appropriate county clerk or
board of | ||
election commissioners.
| ||
Any forms described under paragraph (3) must state the | ||
following:
| ||
If you do not have a driver's license or social | ||
security number, and this
form is submitted by mail, and | ||
you have never registered to vote in the
jurisdiction you | ||
are now registering in, then you must send, with this
| ||
application, either (i) a copy of a current and valid photo | ||
identification, or
(ii) a copy of a current utility bill, | ||
bank statement, government check,
paycheck, or other | ||
government document that shows the name and address of the
| ||
voter. If you do not provide the information required | ||
above, then you will be
required to provide election | ||
officials with either (i) or (ii) described above
the first | ||
time you vote at a voting place.
| ||
(b) Acceptance of registration forms by the State Board of | ||
Elections and
county clerks and board of election | ||
commissioners. The
State Board of Elections, county clerks, and |
board of election commissioners
shall accept all completed | ||
voter registration forms
described in subsection (a)(3) of this | ||
Section and Sections 1A-17 and 1A-30 that are:
| ||
(1) postmarked on or before the day that voter | ||
registration is closed
under this
the Election Code;
| ||
(2) not postmarked, but arrives no later than 5 days | ||
after the close
of registration;
| ||
(3) submitted in person by a person using the form on | ||
or before the
day that voter registration is closed under | ||
this the Election Code; or
| ||
(4) submitted in person by a person who submits one or | ||
more forms
on behalf of one or more persons who used the | ||
form on or before
the day that voter registration is closed | ||
under this the Election Code.
| ||
Upon the receipt of a registration form, the State Board of | ||
Elections shall
mark
the date on which the form was received
| ||
and send the form via first class mail to the appropriate | ||
county clerk or board
of
election commissioners, as the case | ||
may be, within 2 business days based upon
the home address of | ||
the person submitting the registration form. The county
clerk | ||
and board of election commissioners shall accept and process | ||
any form
received from the State Board of Elections.
| ||
(c) Processing of registration forms by county clerks and | ||
boards of election
commissioners. The county clerk or board of | ||
election commissioners shall
promulgate procedures for | ||
processing the voter registration form.
|
(d) Contents of the voter registration form. The State | ||
Board shall create
a voter registration form, which must | ||
contain the following content:
| ||
(1) Instructions for completing the form.
| ||
(2) A summary of the qualifications to register to vote | ||
in Illinois.
| ||
(3) Instructions for mailing in or submitting the form | ||
in person.
| ||
(4) The phone number for the State Board of Elections | ||
should a person
submitting the form have questions.
| ||
(5) A box for the person to check that explains one of | ||
3 reasons for
submitting the form:
| ||
(a) new registration;
| ||
(b) change of address; or
| ||
(c) change of name.
| ||
(6) a box for the person to check yes or no that asks, | ||
"Are you a citizen
of the United States?", a box for the | ||
person to check yes or no that asks,
"Will you be 18 years | ||
of age on or before election day?", and a statement of
"If | ||
you checked 'no' in response to either of these questions, | ||
then do not
complete this form.".
| ||
(7) A space for the person to fill in his or her home | ||
telephone
number.
| ||
(8) Spaces for the person to fill in his or her first, | ||
middle, and last
names, street address (principal place of | ||
residence), county, city, state, and
zip code.
|
(9) Spaces for the person to fill in his or her mailing | ||
address, city,
state, and zip code if different from his or | ||
her principal place of residence.
| ||
(10) A space for the person to fill in his or her | ||
Illinois driver's
license number if the person has a | ||
driver's license.
| ||
(11) A space for a person without a driver's license to | ||
fill in the last
four digits of his or her social security | ||
number if the person has a social
security number.
| ||
(12) A space for a person without an Illinois driver's | ||
license to fill in
his or her identification number from | ||
his or her State Identification card
issued by the | ||
Secretary of State.
| ||
(13) A space for the person to fill the name appearing | ||
on his or her last
voter registration, the street address | ||
of his or her last registration,
including the city, | ||
county, state, and zip code.
| ||
(14) A space where the person swears or affirms the | ||
following under
penalty of perjury with his or her | ||
signature:
| ||
(a) "I am a citizen of the United States.";
| ||
(b) "I will be at least 18 years old on or before | ||
the next election.";
| ||
(c) "I will have lived in the State of Illinois and | ||
in my election
precinct at least 30 days as of the date | ||
of the next election."; and
|
(d) "The information I have provided is true to the | ||
best of my knowledge
under penalty of perjury. If I | ||
have provided false information, then I may be
fined, | ||
imprisoned, or , if I am not a U.S. citizen, deported | ||
from or refused
entry into the United States." .
| ||
(15) A space for the person to fill in his or her | ||
e-mail address if he or she chooses to provide that | ||
information. | ||
(d-5) Compliance with federal law; rulemaking authority. | ||
The voter
registration
form described in this Section shall be | ||
consistent with the form prescribed by
the
Federal
Election | ||
Commission under the National Voter Registration Act of 1993,
| ||
P.L. 103-31, as amended from time to time, and the Help America | ||
Vote Act of
2002, P.L. 107-252, in all relevant respects. The | ||
State Board of Elections
shall periodically update the form | ||
based on changes to federal or State law.
The State Board of | ||
Elections shall promulgate any rules necessary for the
| ||
implementation of this Section; provided that the rules
comport | ||
with the letter and spirit of the National Voter Registration | ||
Act of
1993 and Help America Vote Act of 2002 and maximize the | ||
opportunity for a
person to register to vote.
| ||
(e) Forms available in paper form. The State Board of | ||
Elections shall make
the voter registration form available in | ||
regular paper stock and form in
sufficient quantities for the | ||
general public. The State Board of Elections may
provide the | ||
voter registration form to the Secretary of State, county
|
clerks, boards of election commissioners, designated agencies | ||
of the State of
Illinois, and any other person or entity | ||
designated to have these forms by this the
Election Code in | ||
regular paper stock and form or some other format deemed
| ||
suitable by the Board. Each county clerk or board of election | ||
commissioners has
the authority to design and print its own | ||
voter registration form so long as
the form complies with the | ||
requirements of this Section. The State Board
of Elections, | ||
county clerks, boards of election commissioners, or other
| ||
designated agencies of the State of Illinois required to have | ||
these forms under this
the Election Code shall provide a member | ||
of the public with any reasonable
number of forms
that he or | ||
she may request. Nothing in this Section shall permit the State
| ||
Board of
Elections, county clerk, board of election | ||
commissioners, or other appropriate
election official who may | ||
accept a voter registration form to refuse to accept
a voter | ||
registration form because the form is printed on photocopier or | ||
regular
paper
stock and form.
| ||
(f) (Blank).
| ||
(Source: P.A. 98-115, eff. 10-1-13; 98-1171, eff. 6-1-15; | ||
revised 9-22-17.)
| ||
(10 ILCS 5/2A-30) (from Ch. 46, par. 2A-30)
| ||
Sec. 2A-30. Villages and incorporated towns with | ||
population of less than 50,000; president; trustees; clerk | ||
Incorporated Towns with Population
of Less than 50,000 - |
President - Trustees - Clerk .
In villages and incorporated | ||
towns with a population of less
than 50,000, a president shall | ||
be elected at the consolidated
election in every other | ||
odd-numbered year when the president
is elected for a 4-year 4 | ||
year term, and in each odd-numbered year
when the president is | ||
elected for a 2-year 2 year term.
| ||
Except as provided in Section 2A-30a, in villages and | ||
incorporated towns
with a population of less
than 50,000, 3 | ||
trustees shall be elected at the consolidated
election in each | ||
odd-numbered year when trustees are elected
for 4-year 4 year | ||
terms, and at the consolidated election in each
odd-numbered | ||
year and at the general primary election in each even-numbered
| ||
year when trustees are elected for 2-year 2 year terms. A | ||
primary to nominate
candidates for the office of trustee to be | ||
elected at the general primary
election shall be held on the | ||
Tuesday 6 weeks preceding that election.
| ||
In villages and incorporated towns with a population of | ||
less
than 50,000, a clerk shall be elected at the consolidated | ||
election
in every other odd-numbered year when the clerk is | ||
elected for a 4-year 4
year term, and in each odd-numbered year | ||
when the clerk is elected
for a 2-year 2 year term.
| ||
(Source: P.A. 80-1495; revised 9-22-17.)
| ||
(10 ILCS 5/3-5) (from Ch. 46, par. 3-5)
| ||
Sec. 3-5. No person who has been legally convicted, in this
| ||
or another state or in any federal court, of any crime, and
is |
serving a sentence of confinement in any penal institution,
or | ||
who has been convicted under any Section of this Code Act and | ||
is
serving a sentence of confinement in any penal institution,
| ||
shall vote, offer to vote, attempt to vote or be permitted
to | ||
vote at any election until his release from confinement.
| ||
Confinement for purposes of this Section shall include any
| ||
person convicted and imprisoned but granted a furlough as
| ||
provided by Section 3-11-1 of the " Unified Code of | ||
Corrections " ,
or admitted to a work release program as provided | ||
by Section
3-13-2 of the " Unified Code of Corrections " . | ||
Confinement shall
not include any person convicted and | ||
imprisoned but released on parole.
| ||
Confinement or detention in a jail pending acquittal or
| ||
conviction of a crime is not a disqualification for voting.
| ||
(Source: P.A. 94-637, eff. 1-1-06; revised 9-22-17.)
| ||
(10 ILCS 5/12-5) (from Ch. 46, par. 12-5)
| ||
Sec. 12-5. Notice for public questions. | ||
(a) Except as otherwise provided in subsection (b), for all | ||
elections held after July
1, 1999, notice of public
questions | ||
shall be required only as set forth in this
Section or as set | ||
forth in Section 17-3 or 19-3 of the School Code. Not
more than
| ||
60 days nor less than 10 days before the date of a
regular | ||
election at which a public question is to be submitted to the | ||
voters of
a political or governmental subdivision, and at least | ||
20 days before an
emergency referendum, the election authority |
shall publish notice of the
referendum. The notice shall be | ||
published once in a local, community newspaper
having general | ||
circulation in the political or governmental subdivision. The
| ||
notice shall also be given at least 10 days before the date of | ||
the election by
posting a copy of the notice at the principal | ||
office of the election
authority. The local election official | ||
shall also post a copy of the notice at
the principal office of | ||
the political or governmental
subdivision, or if there is no | ||
principal office at the building in which the
governing body of | ||
the political or governmental subdivision held its first
| ||
meeting of the calendar year in which the referendum is being | ||
held. The
election authority and the political or governmental | ||
subdivision may, but are
not required to, post the notice | ||
electronically on their World Wide Web pages.
The notice, which | ||
shall appear over the name or title of the election
authority, | ||
shall be substantially in the following form:
| ||
NOTICE IS HEREBY GIVEN that at the election to be held | ||
on
(insert day of the week),
(insert date of election), the | ||
following proposition will be
submitted to the voters of | ||
(name of political or governmental subdivision):
| ||
(insert the public question as it will appear on the | ||
ballot)
| ||
The polls at the election will be open at 6:00 o'clock | ||
A.M. and will
continue to be open until 7:00 o'clock P.M. | ||
of that day.
| ||
Dated (date of notice)
|
(Name or title of the election authority)
| ||
The notice shall also include any additional information | ||
required by the statute authorizing the public question. The | ||
notice may include an explanation, in neutral and plain | ||
language, of the question and its purposes supplied by the | ||
governing body of the political or governmental subdivision to | ||
whose voters the question is to be submitted. The notice shall | ||
set forth the
precincts and polling places at which the | ||
referendum will be conducted only in
the case of emergency | ||
referenda. | ||
(b) Notice of any public question published in a local, | ||
community newspaper having general circulation in the | ||
political or governmental subdivision to which such public | ||
question relates more than 30 days but not more than 35 days | ||
prior to the general election held on November 8, 2016 that | ||
otherwise complies with the requirements of this Section is | ||
sufficient notice to satisfy the newspaper publication | ||
requirement of this Section, such notice shall for all purposes | ||
be deemed to have been given in accordance with this Section, | ||
any bonds approved by the voters at such election are hereby | ||
authorized to be issued in accordance with applicable law | ||
without further referendum approval and taxes to be levied | ||
pursuant to any limiting rate increases approved by the voters | ||
at such election are hereby authorized to be levied and | ||
extended without further referendum approval.
| ||
(Source: P.A. 99-935, eff. 2-17-17; 100-298, eff. 1-1-18; |
revised 9-22-17.)
| ||
(10 ILCS 5/21-2) (from Ch. 46, par. 21-2)
| ||
Sec. 21-2. The county clerks of the several counties shall, | ||
within 21 days
next after holding the election named in | ||
subsection (1) of Section 2A-1.2 and
Section 2A-2 , make 2 | ||
copies of the abstract of the votes cast for electors by
each | ||
political party or group, as indicated by the voter, as | ||
aforesaid, by a
cross in the square to the left of the bracket | ||
aforesaid, or as indicated
by a cross in the appropriate place | ||
preceding the appellation or title of
the particular political | ||
party or group, and transmit by mail one of the
copies to the | ||
office of the State Board of Elections and retain the other
in | ||
his office, to be sent for by the electoral board in case the | ||
other
should be mislaid. Within 31 days after the holding of | ||
such election, and
sooner if all the returns are received by | ||
the State Board of Elections, the
State Board of Elections | ||
Election, shall proceed to open and canvass said election
| ||
returns and to declare which set of candidates for President | ||
and
Vice-President received, as aforesaid, the highest number | ||
of votes cast at
such election as aforesaid; and the electors | ||
of that party whose candidates
for President and Vice-President | ||
received the highest number of votes so
cast shall be taken and | ||
deemed to be elected as electors of President and
| ||
Vice-President, but should 2 or more sets of candidates for | ||
President and
Vice-President be returned with an equal and the |
highest vote, the State
Board of Elections shall cause a notice | ||
of the same to be published, which
notice shall name some day | ||
and place, not less than 5 days from the time of
such | ||
publication of such notice, upon which the State Board of | ||
Elections
will decide by lot which of the sets of candidates | ||
for President and
Vice-President so equal and highest shall be | ||
declared to be highest. And
upon the day and at the place so | ||
appointed in the notice, the board shall
so decide by lot and | ||
declare which is deemed highest of the sets of
candidates for | ||
President and Vice-President so equal and highest, thereby
| ||
determining only that the electors chosen as aforesaid by such | ||
candidates'
party or group are thereby elected by general | ||
ticket to be such electors.
| ||
(Source: P.A. 93-847, eff. 7-30-04; revised 9-22-17.)
| ||
(10 ILCS 5/28-7) (from Ch. 46, par. 28-7)
| ||
Sec. 28-7.
In any case in which Article VII or paragraph | ||
(a) of Section 5 of
the
Transition Schedule of the Constitution | ||
authorizes any action to be
taken by or with respect to any | ||
unit of local government, as defined in
Section 1 of Article | ||
VII of the Constitution, by or subject to approval
by | ||
referendum, any such public question shall be initiated in
| ||
accordance with this Section.
| ||
Any such public question may be initiated by the governing | ||
body of the
unit of local government by resolution or by the | ||
filing with the clerk or
secretary of the
governmental unit of |
a petition signed by a number of qualified electors
equal to or | ||
greater than at least 8% of the total votes cast for candidates | ||
for Governor in the preceding gubernatorial election, | ||
requesting the submission of the proposal
for such action to | ||
the voters
of the governmental unit at a regular election.
| ||
If the action to be taken requires a referendum involving 2 | ||
or more
units of local government, the proposal shall be | ||
submitted to the voters
of such governmental units by the | ||
election authorities with jurisdiction
over the territory of | ||
the governmental units. Such multi-unit proposals
may be | ||
initiated by appropriate
resolutions by the respective | ||
governing bodies or by
petitions of the voters of the several | ||
governmental units filed with the
respective clerks or | ||
secretaries.
| ||
This Section is intended to provide a method of submission | ||
to
referendum in all cases of proposals for actions which are | ||
authorized by
Article VII of the Constitution by or subject to | ||
approval by referendum
and supersedes any conflicting | ||
statutory provisions except those
contained in Division 2-5 of | ||
the Counties Code the "County Executive
Act" .
| ||
Referenda provided for in this Section may not be held more | ||
than once
in any 23-month period on the same proposition, | ||
provided that in any
municipality a referendum to elect not to | ||
be a home rule unit may be held
only once within
any 47-month | ||
period.
| ||
(Source: P.A. 97-81, eff. 7-5-11; revised 9-22-17.)
|
Section 30. The State Treasurer Act is amended by changing | ||
Section 16.5 as follows:
| ||
(15 ILCS 505/16.5)
| ||
Sec. 16.5. College Savings Pool. The State Treasurer may | ||
establish and
administer a College Savings Pool to supplement | ||
and enhance the investment
opportunities otherwise available | ||
to persons seeking to finance the costs of
higher education. | ||
The State Treasurer, in administering the College Savings
Pool, | ||
may receive moneys paid into the pool by a participant and may | ||
serve as
the fiscal agent of that participant for the purpose | ||
of holding and investing
those moneys.
| ||
"Participant", as used in this Section, means any person | ||
who has authority to withdraw funds, change the designated | ||
beneficiary, or otherwise exercise control over an account. | ||
"Donor", as used in this Section, means any person who makes
| ||
investments in the pool. "Designated beneficiary", as used in | ||
this Section,
means any person on whose behalf an account is | ||
established in the College
Savings Pool by a participant. Both | ||
in-state and out-of-state persons may be
participants, donors, | ||
and designated beneficiaries in the College Savings Pool. The | ||
College Savings Pool must be available to any individual with a | ||
valid social security number or taxpayer identification number | ||
for the benefit of any individual with a valid social security | ||
number or taxpayer identification number, unless a contract in |
effect on August 1, 2011 (the effective date of Public Act | ||
97-233) does not allow for taxpayer identification numbers, in | ||
which case taxpayer identification numbers must be allowed upon | ||
the expiration of the contract.
| ||
New accounts in the College Savings Pool may be processed | ||
through
participating financial institutions. "Participating | ||
financial institution",
as used in this Section, means any | ||
financial institution insured by the Federal
Deposit Insurance | ||
Corporation and lawfully doing business in the State of
| ||
Illinois and any credit union approved by the State Treasurer | ||
and lawfully
doing business in the State of Illinois that | ||
agrees to process new accounts in
the College Savings Pool. | ||
Participating financial institutions may charge a
processing | ||
fee to participants to open an account in the pool that shall | ||
not
exceed $30 until the year 2001. Beginning in 2001 and every | ||
year thereafter,
the maximum fee limit shall be adjusted by the | ||
Treasurer based on the Consumer
Price Index for the North | ||
Central Region as published by the United States
Department of | ||
Labor, Bureau of Labor Statistics for the immediately preceding
| ||
calendar year. Every contribution received by a financial | ||
institution for
investment in the College Savings Pool shall be | ||
transferred from the financial
institution to a location | ||
selected by the State Treasurer within one business
day | ||
following the day that the funds must be made available in | ||
accordance with
federal law. All communications from the State | ||
Treasurer to participants and donors shall
reference the |
participating financial institution at which the account was
| ||
processed.
| ||
The Treasurer may invest the moneys in the College Savings | ||
Pool in the same
manner and in the same types of investments
| ||
provided for the investment of moneys by the Illinois State | ||
Board of
Investment. To enhance the safety and liquidity of the | ||
College Savings Pool,
to ensure the diversification of the | ||
investment portfolio of the pool, and in
an effort to keep | ||
investment dollars in the State of Illinois, the State
| ||
Treasurer may make a percentage of each account available for | ||
investment in
participating financial institutions doing | ||
business in the State. The State
Treasurer may deposit with the | ||
participating financial institution at which
the account was | ||
processed the following percentage of each account at a
| ||
prevailing rate offered by the institution, provided that the | ||
deposit is
federally insured or fully collateralized and the | ||
institution accepts the
deposit: 10% of the total amount of | ||
each account for which the current age of
the beneficiary is | ||
less than 7 years of age, 20% of the total amount of each
| ||
account for which the beneficiary is at least 7 years of age | ||
and less than 12
years of age, and 50% of the total amount of | ||
each account for which the current
age of the beneficiary is at | ||
least 12 years of age.
The Treasurer shall develop, publish, | ||
and implement an investment policy
covering the investment of | ||
the moneys in the College Savings Pool. The policy
shall be | ||
published each year as part
of the audit of the College Savings |
Pool by the Auditor General, which shall be
distributed to all | ||
participants. The Treasurer shall notify all participants
in | ||
writing, and the Treasurer shall publish in a newspaper of | ||
general
circulation in both Chicago and Springfield, any | ||
changes to the previously
published investment policy at least | ||
30 calendar days before implementing the
policy. Any investment | ||
policy adopted by the Treasurer shall be reviewed and
updated | ||
if necessary within 90 days following the date that the State | ||
Treasurer
takes office.
| ||
Participants shall be required to use moneys distributed | ||
from the College
Savings Pool for qualified expenses at | ||
eligible educational institutions.
"Qualified expenses", as | ||
used in this Section, means the following: (i)
tuition, fees, | ||
and the costs of books, supplies, and equipment required for
| ||
enrollment or attendance at an eligible educational | ||
institution; (ii) expenses for special needs services, in the | ||
case of a special needs beneficiary, which are incurred in | ||
connection with such enrollment or attendance; (iii) certain | ||
expenses for the purchase of computer or peripheral equipment, | ||
as defined in Section 168 of the federal Internal Revenue Code | ||
(26 U.S.C. 168), computer software, as defined in Section 197 | ||
of the federal Internal Revenue Code (26 U.S.C. 197), or | ||
Internet internet access and related services, if such | ||
equipment, software, or services are to be used primarily by | ||
the beneficiary during any of the years the beneficiary is | ||
enrolled at an eligible educational institution, except that, |
such expenses shall not include expenses for computer software | ||
designed for sports, games, or hobbies, unless the software is | ||
predominantly educational in nature; and (iv)
certain room and | ||
board expenses incurred while attending an eligible
| ||
educational institution at least half-time. "Eligible | ||
educational
institutions", as used in this Section, means | ||
public and private colleges,
junior colleges, graduate | ||
schools, and certain vocational institutions that are
| ||
described in Section 481 of the Higher Education Act of 1965 | ||
(20 U.S.C. 1088)
and that are eligible to participate in | ||
Department of Education student aid
programs. A student shall | ||
be considered to be enrolled at
least half-time if the student | ||
is enrolled for at least half the full-time
academic work load | ||
for the course of study the student is pursuing as
determined | ||
under the standards of the institution at which the student is
| ||
enrolled. Distributions made from the pool for qualified | ||
expenses shall be
made directly to the eligible educational | ||
institution, directly to a vendor,
in the form of a check | ||
payable to both the beneficiary and the institution or
vendor, | ||
or directly to the designated beneficiary in a manner that is | ||
permissible under Section 529 of the Internal Revenue Code. Any | ||
moneys that are distributed in any other manner or that are | ||
used
for expenses other than qualified expenses at an eligible | ||
educational
institution shall be subject to a penalty of 10% of | ||
the earnings unless the
beneficiary dies, becomes a person with | ||
a disability, or receives a scholarship that equals or
exceeds |
the distribution. Penalties shall be withheld at the time the
| ||
distribution is made.
| ||
The Treasurer shall limit the contributions that may be | ||
made on behalf of a
designated beneficiary based on the | ||
limitations established by the Internal Revenue Service. The | ||
contributions made on behalf of a
beneficiary who is also a | ||
beneficiary under the Illinois Prepaid Tuition
Program shall be | ||
further restricted to ensure that the contributions in both
| ||
programs combined do not exceed the limit established for the | ||
College Savings
Pool. The Treasurer shall provide the Illinois | ||
Student Assistance Commission
each year at a time designated by | ||
the Commission, an electronic report of all
participant | ||
accounts in the Treasurer's College Savings Pool, listing total
| ||
contributions and disbursements from each individual account | ||
during the
previous calendar year. As soon thereafter as is | ||
possible following receipt of
the Treasurer's report, the | ||
Illinois Student Assistance Commission shall, in
turn, provide | ||
the Treasurer with an electronic report listing those College
| ||
Savings Pool participants who also participate in the State's | ||
prepaid tuition
program, administered by the Commission. The | ||
Commission shall be responsible
for filing any combined tax | ||
reports regarding State qualified savings programs
required by | ||
the United States Internal Revenue Service. The Treasurer shall
| ||
work with the Illinois Student Assistance Commission to | ||
coordinate the
marketing of the College Savings Pool and the | ||
Illinois Prepaid Tuition
Program when considered beneficial by |
the Treasurer and the Director of the
Illinois Student | ||
Assistance
Commission. The Treasurer's office shall not | ||
publicize or otherwise market the
College Savings Pool or | ||
accept any moneys into the College Savings Pool prior
to March | ||
1, 2000. The Treasurer shall provide a separate accounting for | ||
each
designated beneficiary to each participant, the Illinois | ||
Student Assistance
Commission, and the participating financial | ||
institution at which the account
was processed. No interest in | ||
the program may be pledged as security for a
loan. Moneys held | ||
in an account invested in the Illinois College Savings Pool | ||
shall be exempt from all claims of the creditors of the | ||
participant, donor, or designated beneficiary of that account, | ||
except for the non-exempt College Savings Pool transfers to or | ||
from the account as defined under subsection (j) of Section | ||
12-1001 of the Code of Civil Procedure (735 ILCS 5/12-1001(j)).
| ||
The assets of the College Savings Pool and its income and | ||
operation shall
be exempt from all taxation by the State of | ||
Illinois and any of its
subdivisions. The accrued earnings on | ||
investments in the Pool once disbursed
on behalf of a | ||
designated beneficiary shall be similarly exempt from all
| ||
taxation by the State of Illinois and its subdivisions, so long | ||
as they are
used for qualified expenses. Contributions to a | ||
College Savings Pool account
during the taxable year may be | ||
deducted from adjusted gross income as provided
in Section 203 | ||
of the Illinois Income Tax Act. The provisions of this
| ||
paragraph are exempt from Section 250 of the Illinois Income |
Tax Act.
| ||
The Treasurer shall adopt rules he or she considers | ||
necessary for the
efficient administration of the College | ||
Savings Pool. The rules shall provide
whatever additional | ||
parameters and restrictions are necessary to ensure that
the | ||
College Savings Pool meets all of the requirements for a | ||
qualified state
tuition program under Section 529 of the | ||
Internal Revenue Code (26 U.S.C. 529).
The rules shall provide | ||
for the administration expenses of the pool to be paid
from its | ||
earnings and for the investment earnings in excess of the | ||
expenses and
all moneys collected as penalties to be credited | ||
or paid monthly to the several
participants in the pool in a | ||
manner which equitably reflects the differing
amounts of their | ||
respective investments in the pool and the differing periods
of | ||
time for which those amounts were in the custody of the pool. | ||
Also, the
rules shall require the maintenance of records that | ||
enable the Treasurer's
office to produce a report for each | ||
account in the pool at least annually that
documents the | ||
account balance and investment earnings. Notice of any proposed
| ||
amendments to the rules and regulations shall be provided to | ||
all participants
prior to adoption. Amendments to rules and | ||
regulations shall apply only to
contributions made after the | ||
adoption of the amendment.
| ||
Upon creating the College Savings Pool, the State Treasurer | ||
shall give bond
with 2 or more sufficient sureties, payable to | ||
and for the benefit of the
participants in the College Savings |
Pool, in the penal sum of $1,000,000,
conditioned upon the | ||
faithful discharge of his or her duties in relation to
the | ||
College Savings Pool.
| ||
(Source: P.A. 91-607, eff. 1-1-00; 91-829, eff. 1-1-01; 91-943, | ||
eff. 2-9-01; 92-16, eff. 6-28-01; 92-439, eff. 8-17-01; 92-626, | ||
eff 7-11-02; 93-812, eff. 1-1-05; 95-23, eff. 8-3-07; 95-306, | ||
eff. 1-1-08; 95-521,
eff. 8-28-07; 95-876, eff. 8-21-08; | ||
97-233, eff. 8-1-11; 97-537, eff. 8-23-11; 97-813, eff. | ||
7-13-12; 99-143, eff. 7-27-15; 100-161, eff. 8-18-17; revised | ||
10-2-17.)
| ||
Section 35. The Personnel Code is amended by changing | ||
Section 17 as follows:
| ||
(20 ILCS 415/17) (from Ch. 127, par. 63b117)
| ||
Sec. 17. Status
of present employees. Employees holding | ||
positions in the State service herein shall continue
under the | ||
following conditions:
| ||
(1) Employees who have been appointed as a result of | ||
having passed
examinations in existing merit systems, and | ||
who have satisfactorily passed
their probationary period, | ||
or who have been promoted in accordance with the
rules | ||
thereunder, shall be continued without further | ||
examination, but shall
be otherwise subject to the | ||
provisions of this Act and the rules made
pursuant to it.
| ||
(2) All other such employees shall be continued in |
their respective
positions if they pass a qualifying | ||
examination prescribed by the Director
prior to October 1, | ||
1958, and satisfactorily complete their respective
| ||
probationary periods. Employees in federally aided | ||
programs, which on July
1, 1956, were subject to Federal | ||
merit system standards, who have not been
appointed from | ||
registers established as a result of merit system | ||
examinations
shall qualify through open competitive | ||
examinations for their positions and
certification from | ||
the resulting registers. Those who fail to qualify as
| ||
provided herein shall be dismissed from their positions. | ||
Nothing herein
precludes the reclassification or | ||
reallocation as provided by this Act of
any position held | ||
by any such incumbent.
| ||
(Source: P.A. 76-628; revised 9-22-17.)
| ||
Section 40. The Children and Family Services Act is amended | ||
by changing Sections 5 and 35.7 as follows:
| ||
(20 ILCS 505/5) (from Ch. 23, par. 5005)
| ||
Sec. 5. Direct child welfare services; Department of | ||
Children and Family
Services. To provide direct child welfare | ||
services when not available
through other public or private | ||
child care or program facilities.
| ||
(a) For purposes of this Section:
| ||
(1) "Children" means persons found within the State who |
are under the
age of 18 years. The term also includes | ||
persons under age 21 who:
| ||
(A) were committed to the Department pursuant to | ||
the
Juvenile Court Act or the Juvenile Court Act of | ||
1987, as amended, prior to
the age of 18 and who | ||
continue under the jurisdiction of the court; or
| ||
(B) were accepted for care, service and training by
| ||
the Department prior to the age of 18 and whose best | ||
interest in the
discretion of the Department would be | ||
served by continuing that care,
service and training | ||
because of severe emotional disturbances, physical
| ||
disability, social adjustment or any combination | ||
thereof, or because of the
need to complete an | ||
educational or vocational training program.
| ||
(2) "Homeless youth" means persons found within the
| ||
State who are under the age of 19, are not in a safe and | ||
stable living
situation and cannot be reunited with their | ||
families.
| ||
(3) "Child welfare services" means public social | ||
services which are
directed toward the accomplishment of | ||
the following purposes:
| ||
(A) protecting and promoting the health, safety | ||
and welfare of
children,
including homeless, dependent | ||
or neglected children;
| ||
(B) remedying, or assisting in the solution
of | ||
problems which may result in, the neglect, abuse, |
exploitation or
delinquency of children;
| ||
(C) preventing the unnecessary separation of | ||
children
from their families by identifying family | ||
problems, assisting families in
resolving their | ||
problems, and preventing the breakup of the family
| ||
where the prevention of child removal is desirable and | ||
possible when the
child can be cared for at home | ||
without endangering the child's health and
safety;
| ||
(D) restoring to their families children who have | ||
been
removed, by the provision of services to the child | ||
and the families when the
child can be cared for at | ||
home without endangering the child's health and
| ||
safety;
| ||
(E) placing children in suitable adoptive homes, | ||
in
cases where restoration to the biological family is | ||
not safe, possible or
appropriate;
| ||
(F) assuring safe and adequate care of children | ||
away from their
homes, in cases where the child cannot | ||
be returned home or cannot be placed
for adoption. At | ||
the time of placement, the Department shall consider
| ||
concurrent planning,
as described in subsection (l-1) | ||
of this Section so that permanency may
occur at the | ||
earliest opportunity. Consideration should be given so | ||
that if
reunification fails or is delayed, the | ||
placement made is the best available
placement to | ||
provide permanency for the child;
|
(G) (blank);
| ||
(H) (blank); and
| ||
(I) placing and maintaining children in facilities | ||
that provide
separate living quarters for children | ||
under the age of 18 and for children
18 years of age | ||
and older, unless a child 18 years of age is in the | ||
last
year of high school education or vocational | ||
training, in an approved
individual or group treatment | ||
program, in a licensed shelter facility,
or secure | ||
child care facility.
The Department is not required to | ||
place or maintain children:
| ||
(i) who are in a foster home, or
| ||
(ii) who are persons with a developmental | ||
disability, as defined in
the Mental
Health and | ||
Developmental Disabilities Code, or
| ||
(iii) who are female children who are | ||
pregnant, pregnant and
parenting or parenting, or
| ||
(iv) who are siblings, in facilities that | ||
provide separate living quarters for children 18
| ||
years of age and older and for children under 18 | ||
years of age.
| ||
(b) Nothing in this Section shall be construed to authorize | ||
the
expenditure of public funds for the purpose of performing | ||
abortions.
| ||
(c) The Department shall establish and maintain | ||
tax-supported child
welfare services and extend and seek to |
improve voluntary services
throughout the State, to the end | ||
that services and care shall be available
on an equal basis | ||
throughout the State to children requiring such services.
| ||
(d) The Director may authorize advance disbursements for | ||
any new program
initiative to any agency contracting with the | ||
Department. As a
prerequisite for an advance disbursement, the | ||
contractor must post a
surety bond in the amount of the advance | ||
disbursement and have a
purchase of service contract approved | ||
by the Department. The Department
may pay up to 2 months | ||
operational expenses in advance. The amount of the
advance | ||
disbursement shall be prorated over the life of the contract
or | ||
the remaining months of the fiscal year, whichever is less, and | ||
the
installment amount shall then be deducted from future | ||
bills. Advance
disbursement authorizations for new initiatives | ||
shall not be made to any
agency after that agency has operated | ||
during 2 consecutive fiscal years.
The requirements of this | ||
Section concerning advance disbursements shall
not apply with | ||
respect to the following: payments to local public agencies
for | ||
child day care services as authorized by Section 5a of this | ||
Act; and
youth service programs receiving grant funds under | ||
Section 17a-4.
| ||
(e) (Blank).
| ||
(f) (Blank).
| ||
(g) The Department shall establish rules and regulations | ||
concerning
its operation of programs designed to meet the goals | ||
of child safety and
protection,
family preservation, family |
reunification, and adoption, including but not
limited to:
| ||
(1) adoption;
| ||
(2) foster care;
| ||
(3) family counseling;
| ||
(4) protective services;
| ||
(5) (blank);
| ||
(6) homemaker service;
| ||
(7) return of runaway children;
| ||
(8) (blank);
| ||
(9) placement under Section 5-7 of the Juvenile Court | ||
Act or
Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile | ||
Court Act of 1987 in
accordance with the federal Adoption | ||
Assistance and Child Welfare Act of
1980; and
| ||
(10) interstate services.
| ||
Rules and regulations established by the Department shall | ||
include
provisions for training Department staff and the staff | ||
of Department
grantees, through contracts with other agencies | ||
or resources, in alcohol
and drug abuse screening techniques | ||
approved by the Department of Human
Services, as a successor to | ||
the Department of Alcoholism and Substance Abuse,
for the | ||
purpose of identifying children and adults who
should be | ||
referred to an alcohol and drug abuse treatment program for
| ||
professional evaluation.
| ||
(h) If the Department finds that there is no appropriate | ||
program or
facility within or available to the Department for a | ||
youth in care and that no
licensed private facility has an |
adequate and appropriate program or none
agrees to accept the | ||
youth in care, the Department shall create an appropriate
| ||
individualized, program-oriented plan for such youth in care. | ||
The
plan may be developed within the Department or through | ||
purchase of services
by the Department to the extent that it is | ||
within its statutory authority
to do.
| ||
(i) Service programs shall be available throughout the | ||
State and shall
include but not be limited to the following | ||
services:
| ||
(1) case management;
| ||
(2) homemakers;
| ||
(3) counseling;
| ||
(4) parent education;
| ||
(5) day care; and
| ||
(6) emergency assistance and advocacy.
| ||
In addition, the following services may be made available | ||
to assess and
meet the needs of children and families:
| ||
(1) comprehensive family-based services;
| ||
(2) assessments;
| ||
(3) respite care; and
| ||
(4) in-home health services.
| ||
The Department shall provide transportation for any of the | ||
services it
makes available to children or families or for | ||
which it refers children
or families.
| ||
(j) The Department may provide categories of financial | ||
assistance and
education assistance grants, and shall
|
establish rules and regulations concerning the assistance and | ||
grants, to
persons who
adopt children with physical or mental | ||
disabilities, children who are older, or other hard-to-place
| ||
children who (i) immediately prior to their adoption were youth | ||
in care or (ii) were determined eligible for financial | ||
assistance with respect to a
prior adoption and who become | ||
available for adoption because the
prior adoption has been | ||
dissolved and the parental rights of the adoptive
parents have | ||
been
terminated or because the child's adoptive parents have | ||
died.
The Department may continue to provide financial | ||
assistance and education assistance grants for a child who was | ||
determined eligible for financial assistance under this | ||
subsection (j) in the interim period beginning when the child's | ||
adoptive parents died and ending with the finalization of the | ||
new adoption of the child by another adoptive parent or | ||
parents. The Department may also provide categories of | ||
financial
assistance and education assistance grants, and
| ||
shall establish rules and regulations for the assistance and | ||
grants, to persons
appointed guardian of the person under | ||
Section 5-7 of the Juvenile Court
Act or Section 2-27, 3-28, | ||
4-25 or 5-740 of the Juvenile Court Act of 1987
for children | ||
who were youth in care for 12 months immediately
prior to the | ||
appointment of the guardian.
| ||
The amount of assistance may vary, depending upon the needs | ||
of the child
and the adoptive parents,
as set forth in the | ||
annual
assistance agreement. Special purpose grants are |
allowed where the child
requires special service but such costs | ||
may not exceed the amounts
which similar services would cost | ||
the Department if it were to provide or
secure them as guardian | ||
of the child.
| ||
Any financial assistance provided under this subsection is
| ||
inalienable by assignment, sale, execution, attachment, | ||
garnishment, or any
other remedy for recovery or collection of | ||
a judgment or debt.
| ||
(j-5) The Department shall not deny or delay the placement | ||
of a child for
adoption
if an approved family is available | ||
either outside of the Department region
handling the case,
or | ||
outside of the State of Illinois.
| ||
(k) The Department shall accept for care and training any | ||
child who has
been adjudicated neglected or abused, or | ||
dependent committed to it pursuant
to the Juvenile Court Act or | ||
the Juvenile Court Act of 1987.
| ||
(l) The Department shall
offer family preservation | ||
services, as defined in Section 8.2 of the Abused
and
Neglected | ||
Child
Reporting Act, to help families, including adoptive and | ||
extended families.
Family preservation
services shall be | ||
offered (i) to prevent the
placement
of children in
substitute | ||
care when the children can be cared for at home or in the | ||
custody of
the person
responsible for the children's welfare,
| ||
(ii) to
reunite children with their families, or (iii) to
| ||
maintain an adoptive placement. Family preservation services | ||
shall only be
offered when doing so will not endanger the |
children's health or safety. With
respect to children who are | ||
in substitute care pursuant to the Juvenile Court
Act of 1987, | ||
family preservation services shall not be offered if a goal | ||
other
than those of subdivisions (A), (B), or (B-1) of | ||
subsection (2) of Section 2-28
of
that Act has been set.
| ||
Nothing in this paragraph shall be construed to create a | ||
private right of
action or claim on the part of any individual | ||
or child welfare agency, except that when a child is the | ||
subject of an action under Article II of the Juvenile Court Act | ||
of 1987 and the child's service plan calls for services to | ||
facilitate achievement of the permanency goal, the court | ||
hearing the action under Article II of the Juvenile Court Act | ||
of 1987 may order the Department to provide the services set | ||
out in the plan, if those services are not provided with | ||
reasonable promptness and if those services are available.
| ||
The Department shall notify the child and his family of the
| ||
Department's
responsibility to offer and provide family | ||
preservation services as
identified in the service plan. The | ||
child and his family shall be eligible
for services as soon as | ||
the report is determined to be "indicated". The
Department may | ||
offer services to any child or family with respect to whom a
| ||
report of suspected child abuse or neglect has been filed, | ||
prior to
concluding its investigation under Section 7.12 of the | ||
Abused and Neglected
Child Reporting Act. However, the child's | ||
or family's willingness to
accept services shall not be | ||
considered in the investigation. The
Department may also |
provide services to any child or family who is the
subject of | ||
any report of suspected child abuse or neglect or may refer | ||
such
child or family to services available from other agencies | ||
in the community,
even if the report is determined to be | ||
unfounded, if the conditions in the
child's or family's home | ||
are reasonably likely to subject the child or
family to future | ||
reports of suspected child abuse or neglect. Acceptance
of such | ||
services shall be voluntary. The Department may also provide | ||
services to any child or family after completion of a family | ||
assessment, as an alternative to an investigation, as provided | ||
under the "differential response program" provided for in | ||
subsection (a-5) of Section 7.4 of the Abused and Neglected | ||
Child Reporting Act.
| ||
The Department may, at its discretion except for those | ||
children also
adjudicated neglected or dependent, accept for | ||
care and training any child
who has been adjudicated addicted, | ||
as a truant minor in need of
supervision or as a minor | ||
requiring authoritative intervention, under the
Juvenile Court | ||
Act or the Juvenile Court Act of 1987, but no such child
shall | ||
be committed to the Department by any court without the | ||
approval of
the Department. On and after January 1, 2015 ( the | ||
effective date of Public Act 98-803) this amendatory Act of the | ||
98th General Assembly and before January 1, 2017, a minor | ||
charged with a criminal offense under the Criminal
Code of 1961 | ||
or the Criminal Code of 2012 or adjudicated delinquent shall | ||
not be placed in the custody of or
committed to the Department |
by any court, except (i) a minor less than 16 years
of age | ||
committed to the Department under Section 5-710 of the Juvenile | ||
Court
Act
of 1987, (ii) a minor for whom an independent basis | ||
of abuse, neglect, or dependency exists, which must be defined | ||
by departmental rule, or (iii) a minor for whom the court has | ||
granted a supplemental petition to reinstate wardship pursuant | ||
to subsection (2) of Section 2-33 of the Juvenile Court Act of | ||
1987. On and after January 1, 2017, a minor charged with a | ||
criminal offense under the Criminal
Code of 1961 or the | ||
Criminal Code of 2012 or adjudicated delinquent shall not be | ||
placed in the custody of or
committed to the Department by any | ||
court, except (i) a minor less than 15 years
of age committed | ||
to the Department under Section 5-710 of the Juvenile Court
Act
| ||
of 1987, ii) a minor for whom an independent basis of abuse, | ||
neglect, or dependency exists, which must be defined by | ||
departmental rule, or (iii) a minor for whom the court has | ||
granted a supplemental petition to reinstate wardship pursuant | ||
to subsection (2) of Section 2-33 of the Juvenile Court Act of | ||
1987. An independent basis exists when the allegations or | ||
adjudication of abuse, neglect, or dependency do not arise from | ||
the same facts, incident, or circumstances which give rise to a | ||
charge or adjudication of delinquency. The Department shall
| ||
assign a caseworker to attend any hearing involving a youth in
| ||
the care and custody of the Department who is placed on | ||
aftercare release, including hearings
involving sanctions for | ||
violation of aftercare release
conditions and aftercare |
release revocation hearings.
| ||
As soon as is possible after August 7, 2009 (the effective | ||
date of Public Act 96-134), the Department shall develop and | ||
implement a special program of family preservation services to | ||
support intact, foster, and adoptive families who are | ||
experiencing extreme hardships due to the difficulty and stress | ||
of caring for a child who has been diagnosed with a pervasive | ||
developmental disorder if the Department determines that those | ||
services are necessary to ensure the health and safety of the | ||
child. The Department may offer services to any family whether | ||
or not a report has been filed under the Abused and Neglected | ||
Child Reporting Act. The Department may refer the child or | ||
family to services available from other agencies in the | ||
community if the conditions in the child's or family's home are | ||
reasonably likely to subject the child or family to future | ||
reports of suspected child abuse or neglect. Acceptance of | ||
these services shall be voluntary. The Department shall develop | ||
and implement a public information campaign to alert health and | ||
social service providers and the general public about these | ||
special family preservation services. The nature and scope of | ||
the services offered and the number of families served under | ||
the special program implemented under this paragraph shall be | ||
determined by the level of funding that the Department annually | ||
allocates for this purpose. The term "pervasive developmental | ||
disorder" under this paragraph means a neurological condition, | ||
including but not limited to, Asperger's Syndrome and autism, |
as defined in the most recent edition of the Diagnostic and | ||
Statistical Manual of Mental Disorders of the American | ||
Psychiatric Association. | ||
(l-1) The legislature recognizes that the best interests of | ||
the child
require that
the child be placed in the most | ||
permanent living arrangement as soon as is
practically
| ||
possible. To achieve this goal, the legislature directs the | ||
Department of
Children and
Family Services to conduct | ||
concurrent planning so that permanency may occur at
the
| ||
earliest opportunity. Permanent living arrangements may | ||
include prevention of
placement of a child outside the home of | ||
the family when the child can be cared
for at
home without | ||
endangering the child's health or safety; reunification with | ||
the
family,
when safe and appropriate, if temporary placement | ||
is necessary; or movement of
the child
toward the most | ||
permanent living arrangement and permanent legal status.
| ||
When determining reasonable efforts to be made with respect | ||
to a child, as
described in this
subsection, and in making such | ||
reasonable efforts, the child's health and
safety shall be the
| ||
paramount concern.
| ||
When a child is placed in foster care, the Department shall | ||
ensure and
document that reasonable efforts were made to | ||
prevent or eliminate the need to
remove the child from the | ||
child's home. The Department must make
reasonable efforts to | ||
reunify the family when temporary placement of the child
occurs
| ||
unless otherwise required, pursuant to the Juvenile Court Act |
of 1987.
At any time after the dispositional hearing where the | ||
Department believes
that further reunification services would | ||
be ineffective, it may request a
finding from the court that | ||
reasonable efforts are no longer appropriate. The
Department is | ||
not required to provide further reunification services after | ||
such
a
finding.
| ||
A decision to place a child in substitute care shall be | ||
made with
considerations of the child's health, safety, and | ||
best interests. At the
time of placement, consideration should | ||
also be given so that if reunification
fails or is delayed, the | ||
placement made is the best available placement to
provide | ||
permanency for the child.
| ||
The Department shall adopt rules addressing concurrent | ||
planning for
reunification and permanency. The Department | ||
shall consider the following
factors when determining | ||
appropriateness of concurrent planning:
| ||
(1) the likelihood of prompt reunification;
| ||
(2) the past history of the family;
| ||
(3) the barriers to reunification being addressed by | ||
the family;
| ||
(4) the level of cooperation of the family;
| ||
(5) the foster parents' willingness to work with the | ||
family to reunite;
| ||
(6) the willingness and ability of the foster family to | ||
provide an
adoptive
home or long-term placement;
| ||
(7) the age of the child;
|
(8) placement of siblings.
| ||
(m) The Department may assume temporary custody of any | ||
child if:
| ||
(1) it has received a written consent to such temporary | ||
custody
signed by the parents of the child or by the parent | ||
having custody of the
child if the parents are not living | ||
together or by the guardian or
custodian of the child if | ||
the child is not in the custody of either
parent, or
| ||
(2) the child is found in the State and neither a | ||
parent,
guardian nor custodian of the child can be located.
| ||
If the child is found in his or her residence without a parent, | ||
guardian,
custodian or responsible caretaker, the Department | ||
may, instead of removing
the child and assuming temporary | ||
custody, place an authorized
representative of the Department | ||
in that residence until such time as a
parent, guardian or | ||
custodian enters the home and expresses a willingness
and | ||
apparent ability to ensure the child's health and safety and | ||
resume
permanent
charge of the child, or until a
relative | ||
enters the home and is willing and able to ensure the child's | ||
health
and
safety and assume charge of the
child until a | ||
parent, guardian or custodian enters the home and expresses
| ||
such willingness and ability to ensure the child's safety and | ||
resume
permanent charge. After a caretaker has remained in the | ||
home for a period not
to exceed 12 hours, the Department must | ||
follow those procedures outlined in
Section 2-9, 3-11, 4-8, or | ||
5-415 of the Juvenile Court Act
of 1987.
|
The Department shall have the authority, responsibilities | ||
and duties that
a legal custodian of the child would have | ||
pursuant to subsection (9) of
Section 1-3 of the Juvenile Court | ||
Act of 1987. Whenever a child is taken
into temporary custody | ||
pursuant to an investigation under the Abused and
Neglected | ||
Child Reporting Act, or pursuant to a referral and acceptance
| ||
under the Juvenile Court Act of 1987 of a minor in limited | ||
custody, the
Department, during the period of temporary custody | ||
and before the child
is brought before a judicial officer as | ||
required by Section 2-9, 3-11,
4-8, or 5-415 of the Juvenile | ||
Court Act of 1987, shall have
the authority, responsibilities | ||
and duties that a legal custodian of the child
would have under | ||
subsection (9) of Section 1-3 of the Juvenile Court Act of
| ||
1987.
| ||
The Department shall ensure that any child taken into | ||
custody
is scheduled for an appointment for a medical | ||
examination.
| ||
A parent, guardian or custodian of a child in the temporary | ||
custody of the
Department who would have custody of the child | ||
if he were not in the
temporary custody of the Department may | ||
deliver to the Department a signed
request that the Department | ||
surrender the temporary custody of the child.
The Department | ||
may retain temporary custody of the child for 10 days after
the | ||
receipt of the request, during which period the Department may | ||
cause to
be filed a petition pursuant to the Juvenile Court Act | ||
of 1987. If a
petition is so filed, the Department shall retain |
temporary custody of the
child until the court orders | ||
otherwise. If a petition is not filed within
the 10-day 10 day | ||
period, the child shall be surrendered to the custody of the
| ||
requesting parent, guardian or custodian not later than the | ||
expiration of
the 10-day 10 day period, at which time the | ||
authority and duties of the Department
with respect to the | ||
temporary custody of the child shall terminate.
| ||
(m-1) The Department may place children under 18 years of | ||
age in a secure
child care facility licensed by the Department | ||
that cares for children who are
in need of secure living | ||
arrangements for their health, safety, and well-being
after a | ||
determination is made by the facility director and the Director | ||
or the
Director's designate prior to admission to the facility | ||
subject to Section
2-27.1 of the Juvenile Court Act of 1987. | ||
This subsection (m-1) does not apply
to a child who is subject | ||
to placement in a correctional facility operated
pursuant to | ||
Section 3-15-2 of the Unified Code of Corrections, unless the
| ||
child is a youth in care who was placed in the care of the | ||
Department before being
subject to placement in a correctional | ||
facility and a court of competent
jurisdiction has ordered | ||
placement of the child in a secure care facility.
| ||
(n) The Department may place children under 18 years of age | ||
in
licensed child care facilities when in the opinion of the | ||
Department,
appropriate services aimed at family preservation | ||
have been unsuccessful and
cannot ensure the child's health and | ||
safety or are unavailable and such
placement would be for their |
best interest. Payment
for board, clothing, care, training and | ||
supervision of any child placed in
a licensed child care | ||
facility may be made by the Department, by the
parents or | ||
guardians of the estates of those children, or by both the
| ||
Department and the parents or guardians, except that no | ||
payments shall be
made by the Department for any child placed | ||
in a licensed child care
facility for board, clothing, care, | ||
training and supervision of such a
child that exceed the | ||
average per capita cost of maintaining and of caring
for a | ||
child in institutions for dependent or neglected children | ||
operated by
the Department. However, such restriction on | ||
payments does not apply in
cases where children require | ||
specialized care and treatment for problems of
severe emotional | ||
disturbance, physical disability, social adjustment, or
any | ||
combination thereof and suitable facilities for the placement | ||
of such
children are not available at payment rates within the | ||
limitations set
forth in this Section. All reimbursements for | ||
services delivered shall be
absolutely inalienable by | ||
assignment, sale, attachment, garnishment or
otherwise.
| ||
(n-1) The Department shall provide or authorize child | ||
welfare services, aimed at assisting minors to achieve | ||
sustainable self-sufficiency as independent adults, for any | ||
minor eligible for the reinstatement of wardship pursuant to | ||
subsection (2) of Section 2-33 of the Juvenile Court Act of | ||
1987, whether or not such reinstatement is sought or allowed, | ||
provided that the minor consents to such services and has not |
yet attained the age of 21. The Department shall have | ||
responsibility for the development and delivery of services | ||
under this Section. An eligible youth may access services under | ||
this Section through the Department of Children and Family | ||
Services or by referral from the Department of Human Services. | ||
Youth participating in services under this Section shall | ||
cooperate with the assigned case manager in developing an | ||
agreement identifying the services to be provided and how the | ||
youth will increase skills to achieve self-sufficiency. A | ||
homeless shelter is not considered appropriate housing for any | ||
youth receiving child welfare services under this Section. The | ||
Department shall continue child welfare services under this | ||
Section to any eligible minor until the minor becomes 21 years | ||
of age, no longer consents to participate, or achieves | ||
self-sufficiency as identified in the minor's service plan. The | ||
Department of Children and Family Services shall create clear, | ||
readable notice of the rights of former foster youth to child | ||
welfare services under this Section and how such services may | ||
be obtained. The Department of Children and Family Services and | ||
the Department of Human Services shall disseminate this | ||
information statewide. The Department shall adopt regulations | ||
describing services intended to assist minors in achieving | ||
sustainable self-sufficiency as independent adults. | ||
(o) The Department shall establish an administrative | ||
review and appeal
process for children and families who request | ||
or receive child welfare
services from the Department. Youth in |
care who are placed by private child welfare agencies, and | ||
foster families with whom
those youth are placed, shall be | ||
afforded the same procedural and appeal
rights as children and | ||
families in the case of placement by the Department,
including | ||
the right to an initial review of a private agency decision by
| ||
that agency. The Department shall ensure that any private child | ||
welfare
agency, which accepts youth in care for placement, | ||
affords those
rights to children and foster families. The | ||
Department shall accept for
administrative review and an appeal | ||
hearing a complaint made by (i) a child
or foster family | ||
concerning a decision following an initial review by a
private | ||
child welfare agency or (ii) a prospective adoptive parent who | ||
alleges
a violation of subsection (j-5) of this Section. An | ||
appeal of a decision
concerning a change in the placement of a | ||
child shall be conducted in an
expedited manner. A court | ||
determination that a current foster home placement is necessary | ||
and appropriate under Section 2-28 of the Juvenile Court Act of | ||
1987 does not constitute a judicial determination on the merits | ||
of an administrative appeal, filed by a former foster parent, | ||
involving a change of placement decision.
| ||
(p) (Blank).
| ||
(q) The Department may receive and use, in their entirety, | ||
for the
benefit of children any gift, donation or bequest of | ||
money or other
property which is received on behalf of such | ||
children, or any financial
benefits to which such children are | ||
or may become entitled while under
the jurisdiction or care of |
the Department.
| ||
The Department shall set up and administer no-cost, | ||
interest-bearing accounts in appropriate financial | ||
institutions
for children for whom the Department is legally | ||
responsible and who have been
determined eligible for Veterans' | ||
Benefits, Social Security benefits,
assistance allotments from | ||
the armed forces, court ordered payments, parental
voluntary | ||
payments, Supplemental Security Income, Railroad Retirement
| ||
payments, Black Lung benefits, or other miscellaneous | ||
payments. Interest
earned by each account shall be credited to | ||
the account, unless
disbursed in accordance with this | ||
subsection.
| ||
In disbursing funds from children's accounts, the | ||
Department
shall:
| ||
(1) Establish standards in accordance with State and | ||
federal laws for
disbursing money from children's | ||
accounts. In all
circumstances,
the Department's | ||
"Guardianship Administrator" or his or her designee must
| ||
approve disbursements from children's accounts. The | ||
Department
shall be responsible for keeping complete | ||
records of all disbursements for each account for any | ||
purpose.
| ||
(2) Calculate on a monthly basis the amounts paid from | ||
State funds for the
child's board and care, medical care | ||
not covered under Medicaid, and social
services; and | ||
utilize funds from the child's account, as
covered by |
regulation, to reimburse those costs. Monthly, | ||
disbursements from
all children's accounts, up to 1/12 of | ||
$13,000,000, shall be
deposited by the Department into the | ||
General Revenue Fund and the balance over
1/12 of | ||
$13,000,000 into the DCFS Children's Services Fund.
| ||
(3) Maintain any balance remaining after reimbursing | ||
for the child's costs
of care, as specified in item (2). | ||
The balance shall accumulate in accordance
with relevant | ||
State and federal laws and shall be disbursed to the child | ||
or his
or her guardian, or to the issuing agency.
| ||
(r) The Department shall promulgate regulations | ||
encouraging all adoption
agencies to voluntarily forward to the | ||
Department or its agent names and
addresses of all persons who | ||
have applied for and have been approved for
adoption of a | ||
hard-to-place child or child with a disability and the names of | ||
such
children who have not been placed for adoption. A list of | ||
such names and
addresses shall be maintained by the Department | ||
or its agent, and coded
lists which maintain the | ||
confidentiality of the person seeking to adopt the
child and of | ||
the child shall be made available, without charge, to every
| ||
adoption agency in the State to assist the agencies in placing | ||
such
children for adoption. The Department may delegate to an | ||
agent its duty to
maintain and make available such lists. The | ||
Department shall ensure that
such agent maintains the | ||
confidentiality of the person seeking to adopt the
child and of | ||
the child.
|
(s) The Department of Children and Family Services may | ||
establish and
implement a program to reimburse Department and | ||
private child welfare
agency foster parents licensed by the | ||
Department of Children and Family
Services for damages | ||
sustained by the foster parents as a result of the
malicious or | ||
negligent acts of foster children, as well as providing third
| ||
party coverage for such foster parents with regard to actions | ||
of foster
children to other individuals. Such coverage will be | ||
secondary to the
foster parent liability insurance policy, if | ||
applicable. The program shall
be funded through appropriations | ||
from the General Revenue Fund,
specifically designated for such | ||
purposes.
| ||
(t) The Department shall perform home studies and | ||
investigations and
shall exercise supervision over visitation | ||
as ordered by a court pursuant
to the Illinois Marriage and | ||
Dissolution of Marriage Act or the Adoption
Act only if:
| ||
(1) an order entered by an Illinois court specifically
| ||
directs the Department to perform such services; and
| ||
(2) the court has ordered one or both of the parties to
| ||
the proceeding to reimburse the Department for its | ||
reasonable costs for
providing such services in accordance | ||
with Department rules, or has
determined that neither party | ||
is financially able to pay.
| ||
The Department shall provide written notification to the | ||
court of the
specific arrangements for supervised visitation | ||
and projected monthly costs
within 60 days of the court order. |
The Department shall send to the court
information related to | ||
the costs incurred except in cases where the court
has | ||
determined the parties are financially unable to pay. The court | ||
may
order additional periodic reports as appropriate.
| ||
(u) In addition to other information that must be provided, | ||
whenever the Department places a child with a prospective | ||
adoptive parent or parents or in a licensed foster home,
group | ||
home, child care institution, or in a relative home, the | ||
Department
shall provide to the prospective adoptive parent or | ||
parents or other caretaker:
| ||
(1) available detailed information concerning the | ||
child's educational
and health history, copies of | ||
immunization records (including insurance
and medical card | ||
information), a history of the child's previous | ||
placements,
if any, and reasons for placement changes | ||
excluding any information that
identifies or reveals the | ||
location of any previous caretaker;
| ||
(2) a copy of the child's portion of the client service | ||
plan, including
any visitation arrangement, and all | ||
amendments or revisions to it as
related to the child; and
| ||
(3) information containing details of the child's | ||
individualized
educational plan when the child is | ||
receiving special education services.
| ||
The caretaker shall be informed of any known social or | ||
behavioral
information (including, but not limited to, | ||
criminal background, fire
setting, perpetuation of
sexual |
abuse, destructive behavior, and substance abuse) necessary to | ||
care
for and safeguard the children to be placed or currently | ||
in the home. The Department may prepare a written summary of | ||
the information required by this paragraph, which may be | ||
provided to the foster or prospective adoptive parent in | ||
advance of a placement. The foster or prospective adoptive | ||
parent may review the supporting documents in the child's file | ||
in the presence of casework staff. In the case of an emergency | ||
placement, casework staff shall at least provide known | ||
information verbally, if necessary, and must subsequently | ||
provide the information in writing as required by this | ||
subsection.
| ||
The information described in this subsection shall be | ||
provided in writing. In the case of emergency placements when | ||
time does not allow prior review, preparation, and collection | ||
of written information, the Department shall provide such | ||
information as it becomes available. Within 10 business days | ||
after placement, the Department shall obtain from the | ||
prospective adoptive parent or parents or other caretaker a | ||
signed verification of receipt of the information provided. | ||
Within 10 business days after placement, the Department shall | ||
provide to the child's guardian ad litem a copy of the | ||
information provided to the prospective adoptive parent or | ||
parents or other caretaker. The information provided to the | ||
prospective adoptive parent or parents or other caretaker shall | ||
be reviewed and approved regarding accuracy at the supervisory |
level.
| ||
(u-5) Effective July 1, 1995, only foster care placements | ||
licensed as
foster family homes pursuant to the Child Care Act | ||
of 1969 shall be eligible to
receive foster care payments from | ||
the Department.
Relative caregivers who, as of July 1, 1995, | ||
were approved pursuant to approved
relative placement rules | ||
previously promulgated by the Department at 89 Ill.
Adm. Code | ||
335 and had submitted an application for licensure as a foster | ||
family
home may continue to receive foster care payments only | ||
until the Department
determines that they may be licensed as a | ||
foster family home or that their
application for licensure is | ||
denied or until September 30, 1995, whichever
occurs first.
| ||
(v) The Department shall access criminal history record | ||
information
as defined in the Illinois Uniform Conviction | ||
Information Act and information
maintained in the adjudicatory | ||
and dispositional record system as defined in
Section 2605-355 | ||
of the
Department of State Police Law (20 ILCS 2605/2605-355)
| ||
if the Department determines the information is necessary to | ||
perform its duties
under the Abused and Neglected Child | ||
Reporting Act, the Child Care Act of 1969,
and the Children and | ||
Family Services Act. The Department shall provide for
| ||
interactive computerized communication and processing | ||
equipment that permits
direct on-line communication with the | ||
Department of State Police's central
criminal history data | ||
repository. The Department shall comply with all
certification | ||
requirements and provide certified operators who have been
|
trained by personnel from the Department of State Police. In | ||
addition, one
Office of the Inspector General investigator | ||
shall have training in the use of
the criminal history | ||
information access system and have
access to the terminal. The | ||
Department of Children and Family Services and its
employees | ||
shall abide by rules and regulations established by the | ||
Department of
State Police relating to the access and | ||
dissemination of
this information.
| ||
(v-1) Prior to final approval for placement of a child, the | ||
Department shall conduct a criminal records background check of | ||
the prospective foster or adoptive parent, including | ||
fingerprint-based checks of national crime information | ||
databases. Final approval for placement shall not be granted if | ||
the record check reveals a felony conviction for child abuse or | ||
neglect, for spousal abuse, for a crime against children, or | ||
for a crime involving violence, including rape, sexual assault, | ||
or homicide, but not including other physical assault or | ||
battery, or if there is a felony conviction for physical | ||
assault, battery, or a drug-related offense committed within | ||
the past 5 years. | ||
(v-2) Prior to final approval for placement of a child, the | ||
Department shall check its child abuse and neglect registry for | ||
information concerning prospective foster and adoptive | ||
parents, and any adult living in the home. If any prospective | ||
foster or adoptive parent or other adult living in the home has | ||
resided in another state in the preceding 5 years, the |
Department shall request a check of that other state's child | ||
abuse and neglect registry.
| ||
(w) Within 120 days of August 20, 1995 (the effective date | ||
of Public Act
89-392), the Department shall prepare and submit | ||
to the Governor and the
General Assembly, a written plan for | ||
the development of in-state licensed
secure child care | ||
facilities that care for children who are in need of secure
| ||
living
arrangements for their health, safety, and well-being. | ||
For purposes of this
subsection, secure care facility shall | ||
mean a facility that is designed and
operated to ensure that | ||
all entrances and exits from the facility, a building
or a | ||
distinct part of the building, are under the exclusive control | ||
of the
staff of the facility, whether or not the child has the | ||
freedom of movement
within the perimeter of the facility, | ||
building, or distinct part of the
building. The plan shall | ||
include descriptions of the types of facilities that
are needed | ||
in Illinois; the cost of developing these secure care | ||
facilities;
the estimated number of placements; the potential | ||
cost savings resulting from
the movement of children currently | ||
out-of-state who are projected to be
returned to Illinois; the | ||
necessary geographic distribution of these
facilities in | ||
Illinois; and a proposed timetable for development of such
| ||
facilities. | ||
(x) The Department shall conduct annual credit history | ||
checks to determine the financial history of children placed | ||
under its guardianship pursuant to the Juvenile Court Act of |
1987. The Department shall conduct such credit checks starting | ||
when a youth in care turns 12 years old and each year | ||
thereafter for the duration of the guardianship as terminated | ||
pursuant to the Juvenile Court Act of 1987. The Department | ||
shall determine if financial exploitation of the child's | ||
personal information has occurred. If financial exploitation | ||
appears to have taken place or is presently ongoing, the | ||
Department shall notify the proper law enforcement agency, the | ||
proper State's Attorney, or the Attorney General. | ||
(y) Beginning on July 22, 2010 ( the effective date of | ||
Public Act 96-1189) this amendatory Act of the 96th General | ||
Assembly , a child with a disability who receives residential | ||
and educational services from the Department shall be eligible | ||
to receive transition services in accordance with Article 14 of | ||
the School Code from the age of 14.5 through age 21, inclusive, | ||
notwithstanding the child's residential services arrangement. | ||
For purposes of this subsection, "child with a disability" | ||
means a child with a disability as defined by the federal | ||
Individuals with Disabilities Education Improvement Act of | ||
2004. | ||
(z) The Department shall access criminal history record | ||
information as defined as "background information" in this | ||
subsection and criminal history record information as defined | ||
in the Illinois Uniform Conviction Information Act for each | ||
Department employee or Department applicant. Each Department | ||
employee or Department applicant shall submit his or her |
fingerprints to the Department of State Police in the form and | ||
manner prescribed by the Department of State Police. These | ||
fingerprints shall be checked against the fingerprint records | ||
now and hereafter filed in the Department of State Police and | ||
the Federal Bureau of Investigation criminal history records | ||
databases. The Department of State Police shall charge a fee | ||
for conducting the criminal history record check, which shall | ||
be deposited into the State Police Services Fund and shall not | ||
exceed the actual cost of the record check. The Department of | ||
State Police shall furnish, pursuant to positive | ||
identification, all Illinois conviction information to the | ||
Department of Children and Family Services. | ||
For purposes of this subsection: | ||
"Background information" means all of the following: | ||
(i) Upon the request of the Department of Children and | ||
Family Services, conviction information obtained from the | ||
Department of State Police as a result of a | ||
fingerprint-based criminal history records check of the | ||
Illinois criminal history records database and the Federal | ||
Bureau of Investigation criminal history records database | ||
concerning a Department employee or Department applicant. | ||
(ii) Information obtained by the Department of | ||
Children and Family Services after performing a check of | ||
the Department of State Police's Sex Offender Database, as | ||
authorized by Section 120 of the Sex Offender Community | ||
Notification Law, concerning a Department employee or |
Department applicant. | ||
(iii) Information obtained by the Department of | ||
Children and Family Services after performing a check of | ||
the Child Abuse and Neglect Tracking System (CANTS) | ||
operated and maintained by the Department. | ||
"Department employee" means a full-time or temporary | ||
employee coded or certified within the State of Illinois | ||
Personnel System. | ||
"Department applicant" means an individual who has | ||
conditional Department full-time or part-time work, a | ||
contractor, an individual used to replace or supplement staff, | ||
an academic intern, a volunteer in Department offices or on | ||
Department contracts, a work-study student, an individual or | ||
entity licensed by the Department, or an unlicensed service | ||
provider who works as a condition of a contract or an agreement | ||
and whose work may bring the unlicensed service provider into | ||
contact with Department clients or client records. | ||
(Source: P.A. 99-143, eff. 7-27-15; 99-933, eff. 1-27-17; | ||
100-159, eff. 8-18-17; 100-522, eff. 9-22-17; revised | ||
1-22-18.) | ||
(20 ILCS 505/35.7)
| ||
Sec. 35.7. Error Reduction Implementations Plans; | ||
Inspector General. | ||
(a) The Inspector General of the Department of Children and | ||
Family Services shall develop Error Reduction Implementation |
Plans, as necessary, to remedy patterns of errors or | ||
problematic practices that compromise or threaten the safety of | ||
children as identified in the DCFS Office of the Inspector | ||
General (OIG) death or serious injury investigations and Child | ||
Death Review Teams recommendations. The Error Reduction | ||
Implementation Plans shall include both training and on-site | ||
components. The Inspector General shall submit proposed Error | ||
Reduction Implementation Plans to the Director for review. The | ||
Director may approve the plans submitted, or approve plans | ||
amended by the Office of the Inspector General, taking into | ||
consideration policies polices and procedures that govern the | ||
function and performance of any affected frontline staff. The | ||
Director shall document the basis for disapproval of any | ||
submitted or amended plan. The Department shall deploy Error | ||
Reduction Safety Teams to implement the Error Reduction | ||
Implementation Plans. The Error Reduction Safety Teams shall be | ||
composed of Quality Assurance and Division of Training staff to | ||
implement hands-on training and Error Reduction Implementation | ||
Plans. The teams shall work in the offices of the Department or | ||
of agencies, or both, as required by the Error Reduction | ||
Implementation Plans, and shall work to ensure that systems are | ||
in place to continue reform efforts after the departure of the | ||
teams. The Director shall develop a method to ensure consistent | ||
compliance with any Error Reduction Implementation Plans, the | ||
provisions of which shall be incorporated into the plan. | ||
(b) Quality Assurance shall prepare public reports |
annually detailing the following: the substance of any Error | ||
Reduction Implementation Plan approved; any deviations from | ||
the Error Reduction Plan; whether adequate staff was available | ||
to perform functions necessary to the Error Reduction | ||
Implementation Plan, including identification and reporting of | ||
any staff needs; other problems noted or barriers to | ||
implementing the Error Reduction Implementation Plan; and | ||
recommendations for additional training, amendments to rules | ||
and procedures, or other systemic reform identified by the | ||
teams. Quality Assurance shall work with affected frontline | ||
staff to implement provisions of the approved Error Reduction | ||
Implementation Plans related to staff function and | ||
performance. | ||
(c) The Error Reduction Teams shall implement training and | ||
reform protocols through incubating change in each region, | ||
Department office, or purchase of service office, as required. | ||
The teams shall administer hands-on assistance, supervision, | ||
and management while ensuring that the office, region, or | ||
agency develops the skills and systems necessary to incorporate | ||
changes on a permanent basis. For each Error Reduction | ||
Implementation Plan, the Team shall determine whether adequate | ||
staff is available to fulfill the Error Reduction | ||
Implementation Plan, provide case-by-case supervision to | ||
ensure that the plan is implemented, and ensure that management | ||
puts systems in place to enable the reforms to continue. Error | ||
Reduction Teams shall work with affected frontline staff to |
ensure that provisions of the approved Error Reduction | ||
Implementation Plans relating to staff functions and | ||
performance are achieved to effect necessary reforms. | ||
(d) The OIG shall develop and submit new Error Reduction | ||
Implementation Plans as necessary. To implement each Error | ||
Reduction Implementation Plan, as approved by the Director, the | ||
OIG shall work with Quality Assurance members of the Error | ||
Reduction Teams designated by the Department. The teams shall | ||
be comprised of staff from Quality Assurance and Training. | ||
Training shall work with the OIG and with the child death | ||
review teams to develop a curriculum to address errors | ||
identified that compromise the safety of children. Following | ||
the training roll-out, the Teams shall work on-site in | ||
identified offices. The Teams shall review and supervise all | ||
work relevant to the Error Reduction Implementation Plan. | ||
Quality Assurance shall identify outcome measures and track | ||
compliance with the training curriculum. Each quarter, Quality | ||
Assurance shall prepare a report detailing compliance with the | ||
Error Reduction Implementation Plan and alert the Director to | ||
staffing needs or other needs to accomplish the goals of the | ||
Error Reduction Implementation Plan. The report shall be | ||
transmitted to the Director, the OIG, and all management staff | ||
involved in the Error Reduction Implementation Plan. | ||
(e) The Director shall review quarterly Quality Assurance | ||
reports and determine adherence to the Error Reduction | ||
Implementation Plan using criteria and standards developed by |
the Department.
| ||
(Source: P.A. 95-527, eff. 6-1-08; revised 9-27-17.) | ||
Section 45. The Department of Commerce and Economic | ||
Opportunity Law of the
Civil Administrative Code of Illinois is | ||
amended by changing Section 605-1020 as follows: | ||
(20 ILCS 605/605-1020) | ||
Sec. 605-1020. Entrepreneur Learner's Permit pilot | ||
program. | ||
(a) Subject to appropriation, there is hereby established | ||
an Entrepreneur Learner's Permit pilot program that shall be | ||
administered by the Department beginning on July 1 of the first | ||
fiscal year for which an appropriation of State moneys is made | ||
for that purpose and continuing for the next 2 immediately | ||
succeeding fiscal years; however, the Department is not | ||
required to administer the program in any fiscal year for which | ||
such an appropriation has not been made. The purpose of the | ||
program shall be to encourage and assist beginning | ||
entrepreneurs in starting new information services, | ||
biotechnology, and green technology businesses by providing | ||
reimbursements to those entrepreneurs for any State filing, | ||
permitting, or licensing fees associated with the formation of | ||
such a business in the State. | ||
(b) Applicants for participation in the Entrepreneur | ||
Learner's Permit pilot program shall apply to the Department, |
in a form and manner prescribed by the Department, prior to the | ||
formation of the business for which the entrepreneur seeks | ||
reimbursement of those fees. The Department shall adopt rules | ||
for the review and approval of applications, provided that it | ||
(1) shall give priority to applicants who are women female or | ||
minority persons, or both, and (2) shall not approve any | ||
application by a person who will not be a beginning | ||
entrepreneur. Reimbursements under this Section shall be | ||
provided in the manner determined by the Department. In no | ||
event shall an applicant apply for participation in the program | ||
more than 3 times. | ||
(c) The aggregate amount of all reimbursements provided by | ||
the Department pursuant to this Section shall not exceed | ||
$500,000 in any State fiscal year. | ||
(d) On or before February 1 of the last calendar year | ||
during which the pilot program is in effect, the Department | ||
shall submit a report to the Governor and the General Assembly | ||
on the cumulative effectiveness of the Entrepreneur Learner's | ||
Permit pilot program. The review shall include, but not be | ||
limited to, the number and type of businesses that were formed | ||
in connection with the pilot program, the current status of | ||
each business formed in connection with the pilot program, the | ||
number of employees employed by each such business, the | ||
economic impact to the State from the pilot program, the | ||
satisfaction of participants in the pilot program, and a | ||
recommendation as to whether the program should be continued. |
(e) As used in this Section: | ||
"Beginning entrepreneur" means an individual who, at | ||
the time he or she applies for participation in the | ||
program, has less than 5 years of experience as a business | ||
owner and is not a current business owner. | ||
"Woman" "Female" and "minority person" have the | ||
meanings given to those terms in the Business Enterprise | ||
for Minorities, Women Females , and Persons with | ||
Disabilities Act.
| ||
(Source: P.A. 100-541, eff. 11-7-17; revised 12-14-17.) | ||
Section 50. The Illinois Emergency Employment Development | ||
Act is amended by changing Section 17 as follows: | ||
(20 ILCS 630/17) | ||
Sec. 17. Work incentive demonstration project. The | ||
coordinator and members of the Advisory Committee shall explore | ||
available resources to leverage in combination with the wage | ||
subsidies in this Act to develop a Transitional Jobs program. | ||
This Transitional Jobs program would prioritize services for | ||
individuals with limited experience in the labor market and | ||
barriers to employment, including , but not limited to, | ||
recipients of Temporary Assistance for to Needy Families, | ||
Supplemental Nutrition Assistance Program, or other related | ||
public assistance, and people with criminal records. | ||
(Source: P.A. 97-581, eff. 8-26-11; 97-813, eff. 7-13-12; |
revised 10-4-17.) | ||
Section 55. The Rural Diversification Act is amended by | ||
changing Section 2 as follows:
| ||
(20 ILCS 690/2) (from Ch. 5, par. 2252)
| ||
Sec. 2. Findings and declaration of policy. The General | ||
Assembly
hereby finds, determines , and declares:
| ||
(a) That Illinois is a state of diversified economic | ||
strength and that
an important economic strength in | ||
Illinois is derived from rural business
production and the | ||
agribusiness industry;
| ||
(b) That the Illinois rural economy is in a state of | ||
transition, which
presents a unique opportunity for the | ||
State to act on its growth and
development;
| ||
(c) That full and continued growth and development of | ||
Illinois' rural
economy, especially in the small towns and | ||
farm communities, is vital
for Illinois;
| ||
(d) That by encouraging the development of diversified | ||
rural business
and agricultural
production, nonproduction | ||
and processing activities in Illinois, the State
creates a | ||
beneficial climate for new and improved job opportunities | ||
for its
citizens and expands jobs and job training | ||
opportunities;
| ||
(e) That in order to cultivate strong rural economic | ||
growth and
development in Illinois, it is necessary to |
proceed with a plan which
encourages Illinois rural | ||
businesses and agribusinesses to expand
business | ||
employment opportunities through diversification of | ||
business and
industries, offers managerial, technical , and | ||
financial assistance to or on
behalf of rural businesses | ||
and agribusiness, and works in a cooperative
venture and | ||
spirit with Illinois' business, labor, local government,
| ||
educational , and scientific communities;
| ||
(f) That dedication of State resources over a | ||
multi-year period
targeted to promoting the growth and | ||
development of one or more classes of
diversified rural | ||
products, particularly new agricultural products, is an
| ||
effective use of State funds;
| ||
(g) That the United States Congress, having identified | ||
similar needs and
purposes has enacted legislation | ||
creating the United States Department of
| ||
Agriculture/Farmers Home Administration Non-profit | ||
National Finance
Corporations Loan and Grant Program and | ||
made funding available to the states
consistent with the | ||
purposes of this Act ; .
| ||
(h) That the Illinois General Assembly has enacted | ||
"Rural Revival" and a
series of "Harvest the Heartland" | ||
initiatives which create within the
Illinois Finance | ||
Authority a "Seed Capital Fund"
to provide
venture capital | ||
for emerging new agribusinesses, and to
help coordinate | ||
cooperative research and development on new agriculture
|
technologies in conjunction with the Agricultural Research | ||
and Development
Consortium in Peoria, the United States | ||
Department of Agriculture Northern
Regional Research | ||
Laboratory in Peoria, the institutions of higher learning
| ||
in Illinois, and the agribusiness community of this State, | ||
identify the
need for enhanced efforts by the State to | ||
promote the use of fuels
utilizing ethanol made from | ||
Illinois grain, and promote forestry
development in this | ||
State; and
| ||
(i) That there is a need to coordinate the many | ||
programs offered by the
State of Illinois Departments of | ||
Agriculture, Commerce and Economic Opportunity, and | ||
Natural Resources, and the Illinois Finance Authority that
| ||
are targeted to agriculture and the rural community with | ||
those offered by
the federal government. Therefore it is | ||
desirable that the fullest measure
of coordination and | ||
integration of the programs offered by the various
state | ||
agencies and the federal government be achieved.
| ||
(Source: P.A. 95-331, eff. 8-21-07; revised 10-4-17.)
| ||
Section 60. The Department of Natural Resources | ||
(Conservation) Law of the
Civil Administrative Code of Illinois | ||
is amended by changing Section 805-45 as follows: | ||
(20 ILCS 805/805-45) | ||
Sec. 805-45. Adopt-a-Trail program. |
(a) The Department shall establish an " Adopt-a-Trail " | ||
program that will allow volunteer groups to assist in | ||
maintaining and enhancing trails on State owned land. | ||
(b) Subject to subsection (c) of this Section, volunteer | ||
groups in the Adopt-a-Trail program may adopt any available | ||
trail or trail segment and may choose any one or more of the | ||
following volunteer activities: | ||
(1) spring cleanups; | ||
(2) accessibility projects; | ||
(3) special events; | ||
(4) trail maintenance, enhancement, or realignment; | ||
(5) public information and assistance; or | ||
(6) training. | ||
The Department shall designate and approve specific | ||
activities to be performed by a volunteer group in the | ||
Adopt-a-Trail program which shall be executed with an approved | ||
Adopt-a-Trail agreement. Volunteer services shall not include | ||
work historically performed by Department employees, including | ||
services that result in a reduction of hours or compensation or | ||
that may be performed by an employee on layoff , ; nor shall | ||
volunteer services be inconsistent with the terms of a | ||
collective bargaining agreement. The Department may provide | ||
for more than one volunteer group to adopt an eligible trail or | ||
trail segment. | ||
(c) If the Department operates other programs in the | ||
vicinity of the trail that allows volunteers to participate in |
the Department's Adopt-A-Park Adopt-a-park program or other | ||
resource, the Department shall coordinate these programs to | ||
provide for efficient and effective volunteer programs in the | ||
area. | ||
(d) A volunteer group that wishes to participate in the | ||
Adopt-a-Trail program shall submit an application to the | ||
Department on a form provided by the Department. Volunteer | ||
groups shall agree to the following: | ||
(1) volunteer groups shall participate in the program | ||
for at least a 2-year period; | ||
(2) volunteer groups shall consist of at least 6 people | ||
who are 18 years of age or older, unless the volunteer | ||
group is a school or scout organization, in which case the | ||
volunteers may be under 18 years of age, but supervised by | ||
someone over the age of 18; | ||
(3) volunteer groups shall contribute a total of at | ||
least 200 service hours over a 2-year period; | ||
(4) volunteer groups shall only execute Adopt-a-Trail | ||
projects and activities after a volunteer project | ||
agreement has been completed and approved by the | ||
Department; and | ||
(5) volunteer groups shall comply with all reasonable | ||
requirements of the Department.
| ||
(Source: P.A. 100-180, eff. 8-18-17; revised 10-5-17.) | ||
Section 65. The Department of Human Services Act is amended |
by changing Section 1-17 and by setting forth, renumbering, and | ||
changing multiple versions of Section 1-65 as follows:
| ||
(20 ILCS 1305/1-17)
| ||
Sec. 1-17. Inspector General. | ||
(a) Nature and purpose. It is the express intent of the | ||
General Assembly to ensure the health, safety, and financial | ||
condition of individuals receiving services in this State due | ||
to mental illness, developmental disability, or both by | ||
protecting those persons from acts of abuse, neglect, or both | ||
by service providers. To that end, the Office of the Inspector | ||
General for the Department of Human Services is created to | ||
investigate and report upon allegations of the abuse, neglect, | ||
or financial exploitation of individuals receiving services | ||
within mental health facilities, developmental disabilities | ||
facilities, and community agencies operated, licensed, funded | ||
or certified by the Department of Human Services, but not | ||
licensed or certified by any other State agency. | ||
(b) Definitions. The following definitions apply to this | ||
Section: | ||
"Adult student with a disability" means an adult student, | ||
age 18 through 21, inclusive, with an Individual Education | ||
Program, other than a resident of a facility licensed by the | ||
Department of Children and Family Services in accordance with | ||
the Child Care Act of 1969. For purposes of this definition, | ||
"through age 21, inclusive", means through the day before the |
student's 22nd birthday. | ||
"Agency" or "community agency" means (i) a community agency | ||
licensed, funded, or certified by the Department, but not | ||
licensed or certified by any other human services agency of the | ||
State, to provide mental health service or developmental | ||
disabilities service, or (ii) a program licensed, funded, or | ||
certified by the Department, but not licensed or certified by | ||
any other human services agency of the State, to provide mental | ||
health service or developmental disabilities service. | ||
"Aggravating circumstance" means a factor that is | ||
attendant to a finding and that tends to compound or increase | ||
the culpability of the accused. | ||
"Allegation" means an assertion, complaint, suspicion, or | ||
incident involving any of the following conduct by an employee, | ||
facility, or agency against an individual or individuals: | ||
mental abuse, physical abuse, sexual abuse, neglect, or | ||
financial exploitation. | ||
"Day" means working day, unless otherwise specified. | ||
"Deflection" means a situation in which an individual is | ||
presented for admission to a facility or agency, and the | ||
facility staff or agency staff do not admit the individual. | ||
"Deflection" includes triage, redirection, and denial of | ||
admission. | ||
"Department" means the Department of Human Services. | ||
"Developmental disability" means "developmental | ||
disability" as defined in the Mental Health and Developmental |
Disabilities Code. | ||
"Egregious neglect" means a finding of neglect as | ||
determined by the Inspector General that (i) represents a gross | ||
failure to adequately provide for, or a callused indifference | ||
to, the health, safety, or medical needs of an individual and | ||
(ii) results in an individual's death or other serious | ||
deterioration of an individual's physical condition or mental | ||
condition. | ||
"Employee" means any person who provides services at the | ||
facility or agency on-site or off-site. The service | ||
relationship can be with the individual or with the facility or | ||
agency. Also, "employee" includes any employee or contractual | ||
agent of the Department of Human Services or the community | ||
agency involved in providing or monitoring or administering | ||
mental health or developmental disability services. This | ||
includes but is not limited to: owners, operators, payroll | ||
personnel, contractors, subcontractors, and volunteers. | ||
"Facility" or "State-operated facility" means a mental | ||
health facility or developmental disabilities facility | ||
operated by the Department. | ||
"Financial exploitation" means taking unjust advantage of | ||
an individual's assets, property, or financial resources | ||
through deception, intimidation, or conversion for the | ||
employee's, facility's, or agency's own advantage or benefit. | ||
"Finding" means the Office of Inspector General's | ||
determination regarding whether an allegation is |
substantiated, unsubstantiated, or unfounded. | ||
"Health Care Worker Registry" or "Registry" means the | ||
Health Care Worker Registry under the Health Care Worker | ||
Background Check Act. | ||
"Individual" means any person receiving mental health | ||
service, developmental disabilities service, or both from a | ||
facility or agency, while either on-site or off-site. | ||
"Mental abuse" means the use of demeaning, intimidating, or | ||
threatening words, signs, gestures, or other actions by an | ||
employee about an individual and in the presence of an | ||
individual or individuals that results in emotional distress or | ||
maladaptive behavior, or could have resulted in emotional | ||
distress or maladaptive behavior, for any individual present. | ||
"Mental illness" means "mental illness" as defined in the | ||
Mental Health and Developmental Disabilities Code. | ||
"Mentally ill" means having a mental illness. | ||
"Mitigating circumstance" means a condition that (i) is | ||
attendant to a finding, (ii) does not excuse or justify the | ||
conduct in question, but (iii) may be considered in evaluating | ||
the severity of the conduct, the culpability of the accused, or | ||
both the severity of the conduct and the culpability of the | ||
accused. | ||
"Neglect" means an employee's, agency's, or facility's | ||
failure to provide adequate medical care, personal care, or | ||
maintenance and that, as a consequence, (i) causes an | ||
individual pain, injury, or emotional distress, (ii) results in |
either an individual's maladaptive behavior or the | ||
deterioration of an individual's physical condition or mental | ||
condition, or (iii) places the individual's health or safety at | ||
substantial risk. | ||
"Person with a developmental disability" means a person | ||
having a developmental disability. | ||
"Physical abuse" means an employee's non-accidental and | ||
inappropriate contact with an individual that causes bodily | ||
harm. "Physical abuse" includes actions that cause bodily harm | ||
as a result of an employee directing an individual or person to | ||
physically abuse another individual. | ||
"Recommendation" means an admonition, separate from a | ||
finding, that requires action by the facility, agency, or | ||
Department to correct a systemic issue, problem, or deficiency | ||
identified during an investigation. | ||
"Required reporter" means any employee who suspects, | ||
witnesses, or is informed of an allegation of any one or more | ||
of the following: mental abuse, physical abuse, sexual abuse, | ||
neglect, or financial exploitation. | ||
"Secretary" means the Chief Administrative Officer of the | ||
Department. | ||
"Sexual abuse" means any sexual contact or intimate | ||
physical contact between an employee and an individual, | ||
including an employee's coercion or encouragement of an | ||
individual to engage in sexual behavior that results in sexual | ||
contact, intimate physical contact, sexual behavior, or |
intimate physical behavior. Sexual abuse also includes (i) an | ||
employee's actions that result in the sending or showing of | ||
sexually explicit images to an individual via computer, | ||
cellular phone, electronic mail, portable electronic device, | ||
or other media with or without contact with the individual or | ||
(ii) an employee's posting of sexually explicit images of an | ||
individual online or elsewhere whether or not there is contact | ||
with the individual. | ||
"Sexually explicit images" includes, but is not limited to, | ||
any material which depicts nudity, sexual conduct, or | ||
sado-masochistic abuse, or which contains explicit and | ||
detailed verbal descriptions or narrative accounts of sexual | ||
excitement, sexual conduct, or sado-masochistic abuse. | ||
"Substantiated" means there is a preponderance of the | ||
evidence to support the allegation. | ||
"Unfounded" means there is no credible evidence to support | ||
the allegation. | ||
"Unsubstantiated" means there is credible evidence, but | ||
less than a preponderance of evidence to support the | ||
allegation. | ||
(c) Appointment. The Governor shall appoint, and the Senate | ||
shall confirm, an Inspector General. The Inspector General | ||
shall be appointed for a term of 4 years and shall function | ||
within the Department of Human Services and report to the | ||
Secretary and the Governor. | ||
(d) Operation and appropriation. The Inspector General |
shall function independently within the Department with | ||
respect to the operations of the Office, including the | ||
performance of investigations and issuance of findings and | ||
recommendations. The appropriation for the Office of Inspector | ||
General shall be separate from the overall appropriation for | ||
the Department. | ||
(e) Powers and duties. The Inspector General shall | ||
investigate reports of suspected mental abuse, physical abuse, | ||
sexual abuse, neglect, or financial exploitation of | ||
individuals in any mental health or developmental disabilities | ||
facility or agency and shall have authority to take immediate | ||
action to prevent any one or more of the following from | ||
happening to individuals under its jurisdiction: mental abuse, | ||
physical abuse, sexual abuse, neglect, or financial | ||
exploitation. Upon written request of an agency of this State, | ||
the Inspector General may assist another agency of the State in | ||
investigating reports of the abuse, neglect, or abuse and | ||
neglect of persons with mental illness, persons with | ||
developmental disabilities, or persons with both. To comply | ||
with the requirements of subsection (k) of this Section, the | ||
Inspector General shall also review all reportable deaths for | ||
which there is no allegation of abuse or neglect. Nothing in | ||
this Section shall preempt any duties of the Medical Review | ||
Board set forth in the Mental Health and Developmental | ||
Disabilities Code. The Inspector General shall have no | ||
authority to investigate alleged violations of the State |
Officials and Employees Ethics Act. Allegations of misconduct | ||
under the State Officials and Employees Ethics Act shall be | ||
referred to the Office of the Governor's Executive Inspector | ||
General for investigation. | ||
(f) Limitations. The Inspector General shall not conduct an | ||
investigation within an agency or facility if that | ||
investigation would be redundant to or interfere with an | ||
investigation conducted by another State agency. The Inspector | ||
General shall have no supervision over, or involvement in, the | ||
routine programmatic, licensing, funding, or certification | ||
operations of the Department. Nothing in this subsection limits | ||
investigations by the Department that may otherwise be required | ||
by law or that may be necessary in the Department's capacity as | ||
central administrative authority responsible for the operation | ||
of the State's mental health and developmental disabilities | ||
facilities. | ||
(g) Rulemaking authority. The Inspector General shall | ||
promulgate rules establishing minimum requirements for | ||
reporting allegations as well as for initiating, conducting, | ||
and completing investigations based upon the nature of the | ||
allegation or allegations. The rules shall clearly establish | ||
that if 2 or more State agencies could investigate an | ||
allegation, the Inspector General shall not conduct an | ||
investigation that would be redundant to, or interfere with, an | ||
investigation conducted by another State agency. The rules | ||
shall further clarify the method and circumstances under which |
the Office of Inspector General may interact with the | ||
licensing, funding, or certification units of the Department in | ||
preventing further occurrences of mental abuse, physical | ||
abuse, sexual abuse, neglect, egregious neglect, and financial | ||
exploitation. | ||
(h) Training programs. The Inspector General shall (i) | ||
establish a comprehensive program to ensure that every person | ||
authorized to conduct investigations receives ongoing training | ||
relative to investigation techniques, communication skills, | ||
and the appropriate means of interacting with persons receiving | ||
treatment for mental illness, developmental disability, or | ||
both mental illness and developmental disability, and (ii) | ||
establish and conduct periodic training programs for facility | ||
and agency employees concerning the prevention and reporting of | ||
any one or more of the following: mental abuse, physical abuse, | ||
sexual abuse, neglect, egregious neglect, or financial | ||
exploitation. Nothing in this Section shall be deemed to | ||
prevent the Office of Inspector General from conducting any | ||
other training as determined by the Inspector General to be | ||
necessary or helpful. | ||
(i) Duty to cooperate. | ||
(1) The Inspector General shall at all times be granted | ||
access to any facility or agency for the purpose of | ||
investigating any allegation, conducting unannounced site | ||
visits, monitoring compliance with a written response, or | ||
completing any other statutorily assigned duty. The |
Inspector General shall conduct unannounced site visits to | ||
each facility at least annually for the purpose of | ||
reviewing and making recommendations on systemic issues | ||
relative to preventing, reporting, investigating, and | ||
responding to all of the following: mental abuse, physical | ||
abuse, sexual abuse, neglect, egregious neglect, or | ||
financial exploitation. | ||
(2) Any employee who fails to cooperate with an Office | ||
of the Inspector General investigation is in violation of | ||
this Act. Failure to cooperate with an investigation | ||
includes, but is not limited to, any one or more of the | ||
following: (i) creating and transmitting a false report to | ||
the Office of the Inspector General hotline, (ii) providing | ||
false information to an Office of the Inspector General | ||
Investigator during an investigation, (iii) colluding with | ||
other employees to cover up evidence, (iv) colluding with | ||
other employees to provide false information to an Office | ||
of the Inspector General investigator, (v) destroying | ||
evidence, (vi) withholding evidence, or (vii) otherwise | ||
obstructing an Office of the Inspector General | ||
investigation. Additionally, any employee who, during an | ||
unannounced site visit or written response compliance | ||
check, fails to cooperate with requests from the Office of | ||
the Inspector General is in violation of this Act. | ||
(j) Subpoena powers. The Inspector General shall have the | ||
power to subpoena witnesses and compel the production of all |
documents and physical evidence relating to his or her | ||
investigations and any hearings authorized by this Act. This | ||
subpoena power shall not extend to persons or documents of a | ||
labor organization or its representatives insofar as the | ||
persons are acting in a representative capacity to an employee | ||
whose conduct is the subject of an investigation or the | ||
documents relate to that representation. Any person who | ||
otherwise fails to respond to a subpoena or who knowingly | ||
provides false information to the Office of the Inspector | ||
General by subpoena during an investigation is guilty of a | ||
Class A misdemeanor. | ||
(k) Reporting allegations and deaths. | ||
(1) Allegations. If an employee witnesses, is told of, | ||
or has reason to believe an incident of mental abuse, | ||
physical abuse, sexual abuse, neglect, or financial | ||
exploitation has occurred, the employee, agency, or | ||
facility shall report the allegation by phone to the Office | ||
of the Inspector General hotline according to the agency's | ||
or facility's procedures, but in no event later than 4 | ||
hours after the initial discovery of the incident, | ||
allegation, or suspicion of any one or more of the | ||
following: mental abuse, physical abuse, sexual abuse, | ||
neglect, or financial exploitation. A required reporter as | ||
defined in subsection (b) of this Section who knowingly or | ||
intentionally fails to comply with these reporting | ||
requirements is guilty of a Class A misdemeanor. |
(2) Deaths. Absent an allegation, a required reporter | ||
shall, within 24 hours after initial discovery, report by | ||
phone to the Office of the Inspector General hotline each | ||
of the following: | ||
(i) Any death of an individual occurring within 14 | ||
calendar days after discharge or transfer of the | ||
individual from a residential program or facility. | ||
(ii) Any death of an individual occurring within 24 | ||
hours after deflection from a residential program or | ||
facility. | ||
(iii) Any other death of an individual occurring at | ||
an agency or facility or at any Department-funded site. | ||
(3) Retaliation. It is a violation of this Act for any | ||
employee or administrator of an agency or facility to take | ||
retaliatory action against an employee who acts in good | ||
faith in conformance with his or her duties as a required | ||
reporter. | ||
(l) Reporting to law enforcement. | ||
(1) Reporting criminal acts. Within 24 hours after | ||
determining that there is credible evidence indicating | ||
that a criminal act may have been committed or that special | ||
expertise may be required in an investigation, the | ||
Inspector General shall notify the Department of State | ||
Police or other appropriate law enforcement authority, or | ||
ensure that such notification is made. The Department of | ||
State Police shall investigate any report from a |
State-operated facility indicating a possible murder, | ||
sexual assault, or other felony by an employee. All | ||
investigations conducted by the Inspector General shall be | ||
conducted in a manner designed to ensure the preservation | ||
of evidence for possible use in a criminal prosecution. | ||
(2) Reporting allegations of adult students with | ||
disabilities. Upon receipt of a reportable allegation | ||
regarding an adult student with a disability, the | ||
Department's Office of the Inspector General shall | ||
determine whether the allegation meets the criteria for the | ||
Domestic Abuse Program under the Abuse of Adults with | ||
Disabilities Intervention Act. If the allegation is | ||
reportable to that program, the Office of the Inspector | ||
General shall initiate an investigation. If the allegation | ||
is not reportable to the Domestic Abuse Program, the Office | ||
of the Inspector General shall make an expeditious referral | ||
to the respective law enforcement entity. If the alleged | ||
victim is already receiving services from the Department, | ||
the Office of the Inspector General shall also make a | ||
referral to the respective Department of Human Services' | ||
Division or Bureau. | ||
(m) Investigative reports. Upon completion of an | ||
investigation, the Office of Inspector General shall issue an | ||
investigative report identifying whether the allegations are | ||
substantiated, unsubstantiated, or unfounded. Within 10 | ||
business days after the transmittal of a completed |
investigative report substantiating an allegation, finding an | ||
allegation is unsubstantiated, or if a recommendation is made, | ||
the Inspector General shall provide the investigative report on | ||
the case to the Secretary and to the director of the facility | ||
or agency where any one or more of the following occurred: | ||
mental abuse, physical abuse, sexual abuse, neglect, egregious | ||
neglect, or financial exploitation. The director of the | ||
facility or agency shall be responsible for maintaining the | ||
confidentiality of the investigative report consistent with | ||
State and federal law. In a substantiated case, the | ||
investigative report shall include any mitigating or | ||
aggravating circumstances that were identified during the | ||
investigation. If the case involves substantiated neglect, the | ||
investigative report shall also state whether egregious | ||
neglect was found. An investigative report may also set forth | ||
recommendations. All investigative reports prepared by the | ||
Office of the Inspector General shall be considered | ||
confidential and shall not be released except as provided by | ||
the law of this State or as required under applicable federal | ||
law. Unsubstantiated and unfounded reports shall not be | ||
disclosed except as allowed under Section 6 of the Abused and | ||
Neglected Long Term Care Facility Residents Reporting Act. Raw | ||
data used to compile the investigative report shall not be | ||
subject to release unless required by law or a court order. | ||
"Raw data used to compile the investigative report" includes, | ||
but is not limited to, any one or more of the following: the |
initial complaint, witness statements, photographs, | ||
investigator's notes, police reports, or incident reports. If | ||
the allegations are substantiated, the accused shall be | ||
provided with a redacted copy of the investigative report. | ||
Death reports where there was no allegation of abuse or neglect | ||
shall only be released pursuant to applicable State or federal | ||
law or a valid court order. | ||
(n) Written responses and reconsideration requests. | ||
(1) Written responses. Within 30 calendar days from | ||
receipt of a substantiated investigative report or an | ||
investigative report which contains recommendations, | ||
absent a reconsideration request, the facility or agency | ||
shall file a written response that addresses, in a concise | ||
and reasoned manner, the actions taken to: (i) protect the | ||
individual; (ii) prevent recurrences; and (iii) eliminate | ||
the problems identified. The response shall include the | ||
implementation and completion dates of such actions. If the | ||
written response is not filed within the allotted 30 | ||
calendar day period, the Secretary shall determine the | ||
appropriate corrective action to be taken. | ||
(2) Reconsideration requests. The facility, agency, | ||
victim or guardian, or the subject employee may request | ||
that the Office of Inspector General reconsider or clarify | ||
its finding based upon additional information. | ||
(o) Disclosure of the finding by the Inspector General. The | ||
Inspector General shall disclose the finding of an |
investigation to the following persons: (i) the Governor, (ii) | ||
the Secretary, (iii) the director of the facility or agency, | ||
(iv) the alleged victims and their guardians, (v) the | ||
complainant, and (vi) the accused. This information shall | ||
include whether the allegations were deemed substantiated, | ||
unsubstantiated, or unfounded. | ||
(p) Secretary review. Upon review of the Inspector | ||
General's investigative report and any agency's or facility's | ||
written response, the Secretary shall accept or reject the | ||
written response and notify the Inspector General of that | ||
determination. The Secretary may further direct that other | ||
administrative action be taken, including, but not limited to, | ||
any one or more of the following: (i) additional site visits, | ||
(ii) training, (iii) provision of technical assistance | ||
relative to administrative needs, licensure or certification, | ||
or (iv) the imposition of appropriate sanctions. | ||
(q) Action by facility or agency. Within 30 days of the | ||
date the Secretary approves the written response or directs | ||
that further administrative action be taken, the facility or | ||
agency shall provide an implementation report to the Inspector | ||
General that provides the status of the action taken. The | ||
facility or agency shall be allowed an additional 30 days to | ||
send notice of completion of the action or to send an updated | ||
implementation report. If the action has not been completed | ||
within the additional 30-day 30 day period, the facility or | ||
agency shall send updated implementation reports every 60 days |
until completion. The Inspector General shall conduct a review | ||
of any implementation plan that takes more than 120 days after | ||
approval to complete, and shall monitor compliance through a | ||
random review of approved written responses, which may include, | ||
but are not limited to: (i) site visits, (ii) telephone | ||
contact, and (iii) requests for additional documentation | ||
evidencing compliance. | ||
(r) Sanctions. Sanctions, if imposed by the Secretary under | ||
Subdivision (p)(iv) of this Section, shall be designed to | ||
prevent further acts of mental abuse, physical abuse, sexual | ||
abuse, neglect, egregious neglect, or financial exploitation | ||
or some combination of one or more of those acts at a facility | ||
or agency, and may include any one or more of the following: | ||
(1) Appointment of on-site monitors. | ||
(2) Transfer or relocation of an individual or | ||
individuals. | ||
(3) Closure of units. | ||
(4) Termination of any one or more of the following: | ||
(i) Department licensing, (ii) funding, or (iii) | ||
certification. | ||
The Inspector General may seek the assistance of the | ||
Illinois Attorney General or the office of any State's Attorney | ||
in implementing sanctions. | ||
(s) Health Care Worker Registry. | ||
(1) Reporting to the Registry. The Inspector General | ||
shall report to the Department of Public Health's Health |
Care Worker Registry, a public registry, the identity and | ||
finding of each employee of a facility or agency against | ||
whom there is a final investigative report containing a | ||
substantiated allegation of physical or sexual abuse, | ||
financial exploitation, or egregious neglect of an | ||
individual. | ||
(2) Notice to employee. Prior to reporting the name of | ||
an employee, the employee shall be notified of the | ||
Department's obligation to report and shall be granted an | ||
opportunity to request an administrative hearing, the sole | ||
purpose of which is to determine if the substantiated | ||
finding warrants reporting to the Registry. Notice to the | ||
employee shall contain a clear and concise statement of the | ||
grounds on which the report to the Registry is based, offer | ||
the employee an opportunity for a hearing, and identify the | ||
process for requesting such a hearing. Notice is sufficient | ||
if provided by certified mail to the employee's last known | ||
address. If the employee fails to request a hearing within | ||
30 days from the date of the notice, the Inspector General | ||
shall report the name of the employee to the Registry. | ||
Nothing in this subdivision (s)(2) shall diminish or impair | ||
the rights of a person who is a member of a collective | ||
bargaining unit under the Illinois Public Labor Relations | ||
Act or under any other federal labor statute. | ||
(3) Registry hearings. If the employee requests an | ||
administrative hearing, the employee shall be granted an |
opportunity to appear before an administrative law judge to | ||
present reasons why the employee's name should not be | ||
reported to the Registry. The Department shall bear the | ||
burden of presenting evidence that establishes, by a | ||
preponderance of the evidence, that the substantiated | ||
finding warrants reporting to the Registry. After | ||
considering all the evidence presented, the administrative | ||
law judge shall make a recommendation to the Secretary as | ||
to whether the substantiated finding warrants reporting | ||
the name of the employee to the Registry. The Secretary | ||
shall render the final decision. The Department and the | ||
employee shall have the right to request that the | ||
administrative law judge consider a stipulated disposition | ||
of these proceedings. | ||
(4) Testimony at Registry hearings. A person who makes | ||
a report or who investigates a report under this Act shall | ||
testify fully in any judicial proceeding resulting from | ||
such a report, as to any evidence of abuse or neglect, or | ||
the cause thereof. No evidence shall be excluded by reason | ||
of any common law or statutory privilege relating to | ||
communications between the alleged perpetrator of abuse or | ||
neglect, or the individual alleged as the victim in the | ||
report, and the person making or investigating the report. | ||
Testimony at hearings is exempt from the confidentiality | ||
requirements of subsection (f) of Section 10 of the Mental | ||
Health and Developmental Disabilities Confidentiality Act. |
(5) Employee's rights to collateral action. No | ||
reporting to the Registry shall occur and no hearing shall | ||
be set or proceed if an employee notifies the Inspector | ||
General in writing, including any supporting | ||
documentation, that he or she is formally contesting an | ||
adverse employment action resulting from a substantiated | ||
finding by complaint filed with the Illinois Civil Service | ||
Commission, or which otherwise seeks to enforce the | ||
employee's rights pursuant to any applicable collective | ||
bargaining agreement. If an action taken by an employer | ||
against an employee as a result of a finding of physical | ||
abuse, sexual abuse, or egregious neglect is overturned | ||
through an action filed with the Illinois Civil Service | ||
Commission or under any applicable collective bargaining | ||
agreement and if that employee's name has already been sent | ||
to the Registry, the employee's name shall be removed from | ||
the Registry. | ||
(6) Removal from Registry. At any time after the report | ||
to the Registry, but no more than once in any 12-month | ||
period, an employee may petition the Department in writing | ||
to remove his or her name from the Registry. Upon receiving | ||
notice of such request, the Inspector General shall conduct | ||
an investigation into the petition. Upon receipt of such | ||
request, an administrative hearing will be set by the | ||
Department. At the hearing, the employee shall bear the | ||
burden of presenting evidence that establishes, by a |
preponderance of the evidence, that removal of the name | ||
from the Registry is in the public interest. The parties | ||
may jointly request that the administrative law judge | ||
consider a stipulated disposition of these proceedings. | ||
(t) Review of Administrative Decisions. The Department | ||
shall preserve a record of all proceedings at any formal | ||
hearing conducted by the Department involving Health Care | ||
Worker Registry hearings. Final administrative decisions of | ||
the Department are subject to judicial review pursuant to | ||
provisions of the Administrative Review Law. | ||
(u) Quality Care Board. There is created, within the Office | ||
of the Inspector General, a Quality Care Board to be composed | ||
of 7 members appointed by the Governor with the advice and | ||
consent of the Senate. One of the members shall be designated | ||
as chairman by the Governor. Of the initial appointments made | ||
by the Governor, 4 Board members shall each be appointed for a | ||
term of 4 years and 3 members shall each be appointed for a | ||
term of 2 years. Upon the expiration of each member's term, a | ||
successor shall be appointed for a term of 4 years. In the case | ||
of a vacancy in the office of any member, the Governor shall | ||
appoint a successor for the remainder of the unexpired term. | ||
Members appointed by the Governor shall be qualified by | ||
professional knowledge or experience in the area of law, | ||
investigatory techniques, or in the area of care of the | ||
mentally ill or care of persons with developmental | ||
disabilities. Two members appointed by the Governor shall be |
persons with a disability or a parent of a person with a | ||
disability. Members shall serve without compensation, but | ||
shall be reimbursed for expenses incurred in connection with | ||
the performance of their duties as members. | ||
The Board shall meet quarterly, and may hold other meetings | ||
on the call of the chairman. Four members shall constitute a | ||
quorum allowing the Board to conduct its business. The Board | ||
may adopt rules and regulations it deems necessary to govern | ||
its own procedures. | ||
The Board shall monitor and oversee the operations, | ||
policies, and procedures of the Inspector General to ensure the | ||
prompt and thorough investigation of allegations of neglect and | ||
abuse. In fulfilling these responsibilities, the Board may do | ||
the following: | ||
(1) Provide independent, expert consultation to the | ||
Inspector General on policies and protocols for | ||
investigations of alleged abuse, neglect, or both abuse and | ||
neglect. | ||
(2) Review existing regulations relating to the | ||
operation of facilities. | ||
(3) Advise the Inspector General as to the content of | ||
training activities authorized under this Section. | ||
(4) Recommend policies concerning methods for | ||
improving the intergovernmental relationships between the | ||
Office of the Inspector General and other State or federal | ||
offices. |
(v) Annual report. The Inspector General shall provide to | ||
the General Assembly and the Governor, no later than January 1 | ||
of each year, a summary of reports and investigations made | ||
under this Act for the prior fiscal year with respect to | ||
individuals receiving mental health or developmental | ||
disabilities services. The report shall detail the imposition | ||
of sanctions, if any, and the final disposition of any | ||
corrective or administrative action directed by the Secretary. | ||
The summaries shall not contain any confidential or identifying | ||
information of any individual, but shall include objective data | ||
identifying any trends in the number of reported allegations, | ||
the timeliness of the Office of the Inspector General's | ||
investigations, and their disposition, for each facility and | ||
Department-wide, for the most recent 3-year time period. The | ||
report shall also identify, by facility, the staff-to-patient | ||
ratios taking account of direct care staff only. The report | ||
shall also include detailed recommended administrative actions | ||
and matters for consideration by the General Assembly. | ||
(w) Program audit. The Auditor General shall conduct a | ||
program audit of the Office of the Inspector General on an | ||
as-needed basis, as determined by the Auditor General. The | ||
audit shall specifically include the Inspector General's | ||
compliance with the Act and effectiveness in investigating | ||
reports of allegations occurring in any facility or agency. The | ||
Auditor General shall conduct the program audit according to | ||
the provisions of the Illinois State Auditing Act and shall |
report its findings to the General Assembly no later than | ||
January 1 following the audit period.
| ||
(x) Nothing in this Section shall be construed to mean that | ||
an individual is a victim of abuse or neglect because of health | ||
care services appropriately provided or not provided by health | ||
care professionals. | ||
(y) Nothing in this Section shall require a facility, | ||
including its employees, agents, medical staff members, and | ||
health care professionals, to provide a service to an | ||
individual in contravention of that individual's stated or | ||
implied objection to the provision of that service on the | ||
ground that that service conflicts with the individual's | ||
religious beliefs or practices, nor shall the failure to | ||
provide a service to an individual be considered abuse under | ||
this Section if the individual has objected to the provision of | ||
that service based on his or her religious beliefs or | ||
practices.
| ||
(Source: P.A. 99-143, eff. 7-27-15; 99-323, eff. 8-7-15; | ||
99-642, eff. 7-28-16; 100-313, eff. 8-24-17; 100-432, eff. | ||
8-25-17; revised 9-27-17.)
| ||
(20 ILCS 1305/1-65) | ||
(Section scheduled to be repealed on July 1, 2019) | ||
Sec. 1-65. Intellectual and Developmental Disability Home | ||
and Community-Based Services Task Force. | ||
(a) The Secretary of Human Services shall appoint a task |
force to review current and potential federal funds for home | ||
and community-based service options for individuals with | ||
intellectual or developmental disabilities. The task force | ||
shall consist of all of the following persons: | ||
(1) The Secretary of Human Services, or his or her | ||
designee, who shall serve as chairperson of the task force. | ||
(2) One representative of the Department of Healthcare | ||
and Family Services. | ||
(3) Six persons selected from recommendations of | ||
organizations whose membership consists of providers | ||
within the intellectual and developmental disabilities | ||
service delivery system. | ||
(4) Two persons who are guardians or family members of | ||
individuals with intellectual or developmental | ||
disabilities and who do not have responsibility for | ||
management or formation of policy regarding the programs | ||
subject to review. | ||
(5) Two persons selected from the recommendations of | ||
consumer organizations that engage in advocacy or legal | ||
representation on behalf of individuals with intellectual | ||
or developmental disabilities. | ||
(6) Three persons who self-identify as individuals | ||
with intellectual or developmental disabilities and who | ||
are engaged in advocacy for the rights of individuals with | ||
disabilities. If these persons require supports in the form | ||
of reasonable accommodations in order to participate, such |
supports shall be provided. | ||
The task force shall also consist of the following members | ||
appointed as follows: | ||
(A) One member of the Senate appointed by the President | ||
of the Senate. | ||
(B) One member of the Senate appointed by the Minority | ||
Leader of the Senate. | ||
(C) One member of the House of Representatives | ||
appointed by the Speaker of the House of Representatives. | ||
(D) One member of the House of Representatives | ||
appointed by the Minority Leader of the House of | ||
Representatives. | ||
(b) The task force shall review: the current federal | ||
Medicaid matching funds for services provided in the State; | ||
ways to maximize federal supports for the current services | ||
provided, including attendant services, housing, and other | ||
services to promote independent living; options that require | ||
federal approval and federal funding; ways to minimize the | ||
impact of constituents awaiting services; and all avenues to | ||
utilize federal funding involving home and community-based | ||
services identified by the task force. The Department shall | ||
provide administrative support to the task force. | ||
(c) The appointments to the task force must be made by July | ||
1, 2017. Task force members shall receive no compensation. The | ||
task force must hold at least 4 hearings. The task force shall | ||
report its findings to the Governor and General Assembly no |
later than July 1, 2018, and, upon filing its report, the task | ||
force is dissolved. | ||
(d) This Section is repealed on July 1, 2019.
| ||
(Source: P.A. 100-79, eff. 8-11-17.) | ||
(20 ILCS 1305/1-70) | ||
Sec. 1-70 1-65 . Uniform demographic data collection. | ||
(a) The Department shall collect and publicly report | ||
statistical data on the racial and ethnic demographics of | ||
program participants for each program administered by the | ||
Department. Except as provided in subsection (b), when | ||
collecting the data required under this Section, the Department | ||
shall use the same racial and ethnic classifications for each | ||
program , which shall include, but not be limited to, the | ||
following: | ||
(1) American Indian and Alaska Native alone. | ||
(2) Asian alone. | ||
(3) Black or African American alone. | ||
(4) Hispanic or Latino of any race. | ||
(5) Native Hawaiian and Other Pacific Islander alone. | ||
(6) White alone. | ||
(7) Some other race alone. | ||
(8) Two or more races. | ||
The Department may further define, by rule, the racial and | ||
ethnic classifications provided in this Section. | ||
(b) If a program administered by the Department is subject |
to federal reporting requirements that include the collection | ||
and public reporting of statistical data on the racial and | ||
ethnic demographics of program participants, the Department | ||
may maintain the same racial and ethnic classifications used | ||
under the federal requirements if such classifications differ | ||
from the classifications listed in subsection (a). | ||
(c) The Department shall make all demographic information | ||
collected under this Section available to the public which at a | ||
minimum shall include posting the information for each program | ||
in a timely manner on the Department's official website. If the | ||
Department already has a mechanism or process in place to | ||
report information about program participation for any program | ||
administered by the Department, then the Department shall use | ||
that mechanism or process to include the demographic | ||
information collected under this Section. If the Department | ||
does not have a mechanism or process in place to report | ||
information about program participation for any program | ||
administered by the Department, then the Department shall | ||
create a mechanism or process to disseminate the demographic | ||
information collected under this Section.
| ||
(Source: P.A. 100-275, eff. 1-1-18; revised 10-3-17.) | ||
Section 70. The Mental Health and Developmental | ||
Disabilities Administrative Act is amended by changing Section | ||
15.4 as follows:
|
(20 ILCS 1705/15.4)
| ||
Sec. 15.4. Authorization for nursing delegation to permit | ||
direct care
staff to
administer medications. | ||
(a) This Section applies to (i) all residential programs | ||
for persons
with a
developmental disability in settings of 16 | ||
persons or fewer that are funded or
licensed by the Department | ||
of Human
Services and that distribute or administer | ||
medications, (ii) all
intermediate care
facilities for persons | ||
with developmental disabilities with 16 beds or fewer that are
| ||
licensed by the
Department of Public Health, and (iii) all day | ||
programs certified to serve persons with developmental | ||
disabilities by the Department of Human Services. The | ||
Department of Human Services shall develop a
training program | ||
for authorized direct care staff to administer
medications | ||
under the
supervision and monitoring of a registered | ||
professional nurse.
The training program for authorized direct | ||
care staff shall include educational and oversight components | ||
for staff who work in day programs that are similar to those | ||
for staff who work in residential programs. This training | ||
program shall be developed in consultation with professional
| ||
associations representing (i) physicians licensed to practice | ||
medicine in all
its branches, (ii) registered professional | ||
nurses, and (iii) pharmacists.
| ||
(b) For the purposes of this Section:
| ||
"Authorized direct care staff" means non-licensed persons | ||
who have
successfully completed a medication administration |
training program
approved by the Department of Human Services | ||
and conducted by a nurse-trainer.
This authorization is | ||
specific to an individual receiving service in
a
specific | ||
agency and does not transfer to another agency.
| ||
"Medications" means oral and topical medications, insulin | ||
in an injectable form, oxygen, epinephrine auto-injectors, and | ||
vaginal and rectal creams and suppositories. "Oral" includes | ||
inhalants and medications administered through enteral tubes, | ||
utilizing aseptic technique. "Topical" includes eye, ear, and | ||
nasal medications. Any controlled substances must be packaged | ||
specifically for an identified individual. | ||
"Insulin in an injectable form" means a subcutaneous | ||
injection via an insulin pen pre-filled by the manufacturer. | ||
Authorized direct care staff may administer insulin, as ordered | ||
by a physician, advanced practice registered nurse, or | ||
physician assistant, if: (i) the staff has successfully | ||
completed a Department-approved advanced training program | ||
specific to insulin administration developed in consultation | ||
with professional associations listed in subsection (a) of this | ||
Section, and (ii) the staff consults with the registered nurse, | ||
prior to administration, of any insulin dose that is determined | ||
based on a blood glucose test result. The authorized direct | ||
care staff shall not: (i) calculate the insulin dosage needed | ||
when the dose is dependent upon a blood glucose test result, or | ||
(ii) administer insulin to individuals who require blood | ||
glucose monitoring greater than 3 times daily, unless directed |
to do so by the registered nurse. | ||
"Nurse-trainer training program" means a standardized, | ||
competency-based
medication administration train-the-trainer | ||
program provided by the
Department of Human Services and | ||
conducted by a Department of Human
Services master | ||
nurse-trainer for the purpose of training nurse-trainers to
| ||
train persons employed or under contract to provide direct care | ||
or
treatment to individuals receiving services to administer
| ||
medications and provide self-administration of medication | ||
training to
individuals under the supervision and monitoring of | ||
the nurse-trainer. The
program incorporates adult learning | ||
styles, teaching strategies, classroom
management, and a | ||
curriculum overview, including the ethical and legal
aspects of | ||
supervising those administering medications.
| ||
"Self-administration of medications" means an individual | ||
administers
his or her own medications. To be considered | ||
capable to self-administer
their own medication, individuals | ||
must, at a minimum, be able to identify
their medication by | ||
size, shape, or color, know when they should take
the | ||
medication, and know the amount of medication to be taken each | ||
time.
| ||
"Training program" means a standardized medication | ||
administration
training program approved by the Department of | ||
Human Services and
conducted by a registered professional nurse | ||
for the purpose of training
persons employed or under contract | ||
to provide direct care or treatment to
individuals receiving |
services to administer medications
and provide | ||
self-administration of medication training to individuals | ||
under
the delegation and supervision of a nurse-trainer. The | ||
program incorporates
adult learning styles, teaching | ||
strategies, classroom management,
curriculum overview, | ||
including ethical-legal aspects, and standardized
| ||
competency-based evaluations on administration of medications | ||
and
self-administration of medication training programs.
| ||
(c) Training and authorization of non-licensed direct care | ||
staff by
nurse-trainers must meet the requirements of this | ||
subsection.
| ||
(1) Prior to training non-licensed direct care staff to | ||
administer
medication, the nurse-trainer shall perform the | ||
following for each
individual to whom medication will be | ||
administered by non-licensed
direct care staff:
| ||
(A) An assessment of the individual's health | ||
history and
physical and mental status.
| ||
(B) An evaluation of the medications prescribed.
| ||
(2) Non-licensed authorized direct care staff shall | ||
meet the
following criteria:
| ||
(A) Be 18 years of age or older.
| ||
(B) Have completed high school or have a high | ||
school equivalency certificate.
| ||
(C) Have demonstrated functional literacy.
| ||
(D) Have satisfactorily completed the Health and | ||
Safety
component of a Department of Human Services |
authorized
direct care staff training program.
| ||
(E) Have successfully completed the training | ||
program,
pass the written portion of the comprehensive | ||
exam, and score
100% on the competency-based | ||
assessment specific to the
individual and his or her | ||
medications.
| ||
(F) Have received additional competency-based | ||
assessment
by the nurse-trainer as deemed necessary by | ||
the nurse-trainer
whenever a change of medication | ||
occurs or a new individual
that requires medication | ||
administration enters the program.
| ||
(3) Authorized direct care staff shall be re-evaluated | ||
by a
nurse-trainer at least annually or more frequently at | ||
the discretion of
the registered professional nurse. Any | ||
necessary retraining shall be
to the extent that is | ||
necessary to ensure competency of the authorized
direct | ||
care staff to administer medication.
| ||
(4) Authorization of direct care staff to administer | ||
medication
shall be revoked if, in the opinion of the | ||
registered professional nurse,
the authorized direct care | ||
staff is no longer competent to administer
medication.
| ||
(5) The registered professional nurse shall assess an
| ||
individual's health status at least annually or more | ||
frequently at the
discretion of the registered | ||
professional nurse.
| ||
(d) Medication self-administration shall meet the |
following
requirements:
| ||
(1) As part of the normalization process, in order for | ||
each
individual to attain the highest possible level of | ||
independent
functioning, all individuals shall be | ||
permitted to participate in their
total health care | ||
program. This program shall include, but not be
limited to, | ||
individual training in preventive health and | ||
self-medication
procedures.
| ||
(A) Every program shall adopt written policies and
| ||
procedures for assisting individuals in obtaining | ||
preventative
health and self-medication skills in | ||
consultation with a
registered professional nurse, | ||
advanced practice registered nurse,
physician | ||
assistant, or physician licensed to practice medicine
| ||
in all its branches.
| ||
(B) Individuals shall be evaluated to determine | ||
their
ability to self-medicate by the nurse-trainer | ||
through the use of
the Department's required, | ||
standardized screening and assessment
instruments.
| ||
(C) When the results of the screening and | ||
assessment
indicate an individual not to be capable to | ||
self-administer his or her
own medications, programs | ||
shall be developed in consultation
with the Community | ||
Support Team or Interdisciplinary
Team to provide | ||
individuals with self-medication
administration.
| ||
(2) Each individual shall be presumed to be competent |
to self-administer
medications if:
| ||
(A) authorized by an order of a physician licensed | ||
to
practice medicine in all its branches, an advanced | ||
practice registered nurse, or a physician assistant; | ||
and
| ||
(B) approved to self-administer medication by the
| ||
individual's Community Support Team or
| ||
Interdisciplinary Team, which includes a registered
| ||
professional nurse or an advanced practice registered | ||
nurse.
| ||
(e) Quality Assurance.
| ||
(1) A registered professional nurse, advanced practice | ||
registered nurse,
licensed practical nurse, physician | ||
licensed to practice medicine in all
its branches, | ||
physician assistant, or pharmacist shall review the
| ||
following for all individuals:
| ||
(A) Medication orders.
| ||
(B) Medication labels, including medications | ||
listed on
the medication administration record for | ||
persons who are not
self-medicating to ensure the | ||
labels match the orders issued by
the physician | ||
licensed to practice medicine in all its branches,
| ||
advanced practice registered nurse, or physician | ||
assistant.
| ||
(C) Medication administration records for persons | ||
who
are not self-medicating to ensure that the records |
are completed
appropriately for:
| ||
(i) medication administered as prescribed;
| ||
(ii) refusal by the individual; and
| ||
(iii) full signatures provided for all | ||
initials used.
| ||
(2) Reviews shall occur at least quarterly, but may be | ||
done
more frequently at the discretion of the registered | ||
professional nurse
or advanced practice registered nurse.
| ||
(3) A quality assurance review of medication errors and | ||
data
collection for the purpose of monitoring and | ||
recommending
corrective action shall be conducted within 7 | ||
days and included in the
required annual review.
| ||
(f) Programs using authorized direct care
staff to | ||
administer medications are responsible for documenting and | ||
maintaining
records
on the training that is completed.
| ||
(g) The absence of this training program constitutes a | ||
threat to the
public interest,
safety, and welfare and | ||
necessitates emergency rulemaking by
the Departments of Human | ||
Services and
Public Health
under Section 5-45
of
the
Illinois | ||
Administrative Procedure Act.
| ||
(h) Direct care staff who fail to qualify for delegated | ||
authority to
administer medications pursuant to the provisions | ||
of this Section shall be
given
additional education and testing | ||
to meet criteria for
delegation authority to administer | ||
medications.
Any direct care staff person who fails to qualify | ||
as an authorized direct care
staff
after initial training and |
testing must within 3 months be given another
opportunity for | ||
retraining and retesting. A direct care staff person who fails
| ||
to
meet criteria for delegated authority to administer | ||
medication, including, but
not limited to, failure of the | ||
written test on 2 occasions shall be given
consideration for | ||
shift transfer or reassignment, if possible. No employee
shall | ||
be terminated for failure to qualify during the 3-month time | ||
period
following initial testing. Refusal to complete training | ||
and testing required
by this Section may be grounds for | ||
immediate dismissal.
| ||
(i) No authorized direct care staff person delegated to | ||
administer
medication shall be subject to suspension or | ||
discharge for errors
resulting from the staff
person's acts or | ||
omissions when performing the functions unless the staff
| ||
person's actions or omissions constitute willful and wanton | ||
conduct.
Nothing in this subsection is intended to supersede | ||
paragraph (4) of subsection
(c).
| ||
(j) A registered professional nurse, advanced practice | ||
registered nurse,
physician licensed to practice medicine in | ||
all its branches, or physician
assistant shall be on
duty or
on | ||
call at all times in any program covered by this Section.
| ||
(k) The employer shall be responsible for maintaining | ||
liability insurance
for any program covered by this Section.
| ||
(l) Any direct care staff person who qualifies as | ||
authorized direct care
staff pursuant to this Section shall be | ||
granted consideration for a one-time
additional
salary |
differential. The Department shall determine and provide the | ||
necessary
funding for
the differential in the base. This | ||
subsection (l) is inoperative on and after
June 30, 2000.
| ||
(Source: P.A. 99-78, eff. 7-20-15; 99-143, eff. 7-27-15; | ||
99-581, eff. 1-1-17; 100-50, eff. 1-1-18; 100-513, eff. 1-1-18; | ||
revised 9-22-17.)
| ||
Section 75. The Department of Professional Regulation Law | ||
of the
Civil Administrative Code of Illinois is amended by | ||
changing Sections 2105-15 and 2105-207 as follows:
| ||
(20 ILCS 2105/2105-15)
| ||
Sec. 2105-15. General powers and duties.
| ||
(a) The Department has, subject to the provisions of the | ||
Civil
Administrative Code of Illinois, the following powers and | ||
duties:
| ||
(1) To authorize examinations in English to ascertain | ||
the qualifications
and fitness of applicants to exercise | ||
the profession, trade, or occupation for
which the | ||
examination is held.
| ||
(2) To prescribe rules and regulations for a fair and | ||
wholly
impartial method of examination of candidates to | ||
exercise the respective
professions, trades, or | ||
occupations.
| ||
(3) To pass upon the qualifications of applicants for | ||
licenses,
certificates, and authorities, whether by |
examination, by reciprocity, or by
endorsement.
| ||
(4) To prescribe rules and regulations defining, for | ||
the
respective
professions, trades, and occupations, what | ||
shall constitute a school,
college, or university, or | ||
department of a university, or other
institution, | ||
reputable and in good standing, and to determine the
| ||
reputability and good standing of a school, college, or | ||
university, or
department of a university, or other | ||
institution, reputable and in good
standing, by reference | ||
to a compliance with those rules and regulations;
provided, | ||
that no school, college, or university, or department of a
| ||
university, or other institution that refuses admittance | ||
to applicants
solely on account of race, color, creed, sex, | ||
sexual orientation, or national origin shall be
considered | ||
reputable and in good standing.
| ||
(5) To conduct hearings on proceedings to revoke, | ||
suspend, refuse to
renew, place on probationary status, or | ||
take other disciplinary action
as authorized in any | ||
licensing Act administered by the Department
with regard to | ||
licenses, certificates, or authorities of persons
| ||
exercising the respective professions, trades, or | ||
occupations and to
revoke, suspend, refuse to renew, place | ||
on probationary status, or take
other disciplinary action | ||
as authorized in any licensing Act
administered by the | ||
Department with regard to those licenses,
certificates, or | ||
authorities. |
The Department shall issue a monthly
disciplinary | ||
report. | ||
The Department shall deny any license or
renewal | ||
authorized by the Civil Administrative Code of Illinois to | ||
any person
who has defaulted on an
educational loan or | ||
scholarship provided by or guaranteed by the Illinois
| ||
Student Assistance Commission or any governmental agency | ||
of this State;
however, the Department may issue a license | ||
or renewal if the
aforementioned persons have established a | ||
satisfactory repayment record as
determined by the | ||
Illinois Student Assistance Commission or other | ||
appropriate
governmental agency of this State. | ||
Additionally, beginning June 1, 1996,
any license issued by | ||
the Department may be suspended or revoked if the
| ||
Department, after the opportunity for a hearing under the | ||
appropriate licensing
Act, finds that the licensee has | ||
failed to make satisfactory repayment to the
Illinois | ||
Student Assistance Commission for a delinquent or | ||
defaulted loan.
For the purposes of this Section, | ||
"satisfactory repayment record" shall be
defined by rule. | ||
The Department shall refuse to issue or renew a license | ||
to,
or shall suspend or revoke a license of, any person | ||
who, after receiving
notice, fails to comply with a | ||
subpoena or warrant relating to a paternity or
child | ||
support proceeding. However, the Department may issue a | ||
license or
renewal upon compliance with the subpoena or |
warrant.
| ||
The Department, without further process or hearings, | ||
shall revoke, suspend,
or deny any license or renewal | ||
authorized by the Civil Administrative Code of
Illinois to | ||
a person who is certified by the Department of Healthcare | ||
and Family Services (formerly Illinois Department of | ||
Public Aid)
as being more than 30 days delinquent in | ||
complying with a child support order
or who is certified by | ||
a court as being in violation of the Non-Support
Punishment | ||
Act for more than 60 days. The Department may, however, | ||
issue a
license or renewal if the person has established a | ||
satisfactory repayment
record as determined by the | ||
Department of Healthcare and Family Services (formerly
| ||
Illinois Department of Public Aid) or if the person
is | ||
determined by the court to be in compliance with the | ||
Non-Support Punishment
Act. The Department may implement | ||
this paragraph as added by Public Act 89-6
through the use | ||
of emergency rules in accordance with Section 5-45 of the
| ||
Illinois Administrative Procedure Act. For purposes of the | ||
Illinois
Administrative Procedure Act, the adoption of | ||
rules to implement this
paragraph shall be considered an | ||
emergency and necessary for the public
interest, safety, | ||
and welfare.
| ||
(6) To transfer jurisdiction of any realty under the | ||
control of the
Department to any other department of the | ||
State Government or to acquire
or accept federal lands when |
the transfer, acquisition, or acceptance is
advantageous | ||
to the State and is approved in writing by the Governor.
| ||
(7) To formulate rules and regulations necessary for | ||
the enforcement of
any Act administered by the Department.
| ||
(8) To exchange with the Department of Healthcare and | ||
Family Services information
that may be necessary for the | ||
enforcement of child support orders entered
pursuant to the | ||
Illinois Public Aid Code, the Illinois Marriage and | ||
Dissolution
of Marriage Act, the Non-Support of Spouse and | ||
Children Act, the Non-Support
Punishment Act, the Revised | ||
Uniform Reciprocal Enforcement of Support Act, the
Uniform | ||
Interstate Family Support Act, the Illinois Parentage Act | ||
of 1984, or the Illinois Parentage Act of 2015.
| ||
Notwithstanding any provisions in this Code to the | ||
contrary, the Department of
Professional Regulation shall | ||
not be liable under any federal or State law to
any person | ||
for any disclosure of information to the Department of | ||
Healthcare and Family Services (formerly Illinois | ||
Department of
Public Aid)
under this paragraph (8) or for | ||
any other action taken in good faith
to comply with the | ||
requirements of this paragraph (8).
| ||
(8.5) To accept continuing education credit for | ||
mandated reporter training on how to recognize and report | ||
child abuse offered by the Department of Children and | ||
Family Services and completed by any person who holds a | ||
professional license issued by the Department and who is a |
mandated reporter under the Abused and Neglected Child | ||
Reporting Act. The Department shall adopt any rules | ||
necessary to implement this paragraph. | ||
(9) To perform other duties prescribed
by law.
| ||
(a-5) Except in cases involving default on an educational | ||
loan or scholarship provided by or guaranteed by the Illinois | ||
Student Assistance Commission or any governmental agency of | ||
this State or in cases involving delinquency in complying with | ||
a child support order or violation of the Non-Support | ||
Punishment Act and notwithstanding anything that may appear in | ||
any individual licensing Act or administrative rule, no person | ||
or entity whose license, certificate, or authority has been | ||
revoked as authorized in any licensing Act administered by the | ||
Department may apply for restoration of that license, | ||
certification, or authority until 3 years after the effective | ||
date of the revocation. | ||
(b) (Blank).
| ||
(c) For the purpose of securing and preparing evidence, and | ||
for the purchase
of controlled substances, professional | ||
services, and equipment necessary for
enforcement activities, | ||
recoupment of investigative costs, and other activities
| ||
directed at suppressing the misuse and abuse of controlled | ||
substances,
including those activities set forth in Sections | ||
504 and 508 of the Illinois
Controlled Substances Act, the | ||
Director and agents appointed and authorized by
the Director | ||
may expend sums from the Professional Regulation Evidence Fund
|
that the Director deems necessary from the amounts appropriated | ||
for that
purpose. Those sums may be advanced to the agent when | ||
the Director deems that
procedure to be in the public interest. | ||
Sums for the purchase of controlled
substances, professional | ||
services, and equipment necessary for enforcement
activities | ||
and other activities as set forth in this Section shall be | ||
advanced
to the agent who is to make the purchase from the | ||
Professional Regulation
Evidence Fund on vouchers signed by the | ||
Director. The Director and those
agents are authorized to | ||
maintain one or more commercial checking accounts with
any | ||
State banking corporation or corporations organized under or | ||
subject to the
Illinois Banking Act for the deposit and | ||
withdrawal of moneys to be used for
the purposes set forth in | ||
this Section; provided, that no check may be written
nor any | ||
withdrawal made from any such account except upon the written
| ||
signatures of 2 persons designated by the Director to write | ||
those checks and
make those withdrawals. Vouchers for those | ||
expenditures must be signed by the
Director. All such | ||
expenditures shall be audited by the Director, and the
audit | ||
shall be submitted to the Department of Central Management | ||
Services for
approval.
| ||
(d) Whenever the Department is authorized or required by | ||
law to consider
some aspect of criminal history record | ||
information for the purpose of carrying
out its statutory | ||
powers and responsibilities, then, upon request and payment
of | ||
fees in conformance with the requirements of Section 2605-400 |
of the
Department of State Police Law (20 ILCS 2605/2605-400), | ||
the Department of State
Police is authorized to furnish, | ||
pursuant to positive identification, the
information contained | ||
in State files that is necessary to fulfill the request.
| ||
(e) The provisions of this Section do not apply to private | ||
business and
vocational schools as defined by Section 15 of the | ||
Private Business and
Vocational Schools Act of 2012.
| ||
(f) (Blank).
| ||
(g) Notwithstanding anything that may appear in any | ||
individual licensing statute or administrative rule, the | ||
Department shall deny any license application or renewal | ||
authorized under any licensing Act administered by the | ||
Department to any person who has failed to file a return, or to | ||
pay the tax, penalty, or interest shown in a filed return, or | ||
to pay any final assessment of tax, penalty, or interest, as | ||
required by any tax Act administered by the Illinois Department | ||
of Revenue, until such time as the requirement of any such tax | ||
Act are satisfied; however, the Department may issue a license | ||
or renewal if the person has established a satisfactory | ||
repayment record as determined by the Illinois Department of | ||
Revenue. For the purpose of this Section, "satisfactory | ||
repayment record" shall be defined by rule.
| ||
In addition, a complaint filed with the Department by the | ||
Illinois Department of Revenue that includes a certification, | ||
signed by its Director or designee, attesting to the amount of | ||
the unpaid tax liability or the years for which a return was |
not filed, or both, is prima facie evidence of the licensee's | ||
failure to comply with the tax laws administered by the | ||
Illinois Department of Revenue. Upon receipt of that | ||
certification, the Department shall, without a hearing, | ||
immediately suspend all licenses held by the licensee. | ||
Enforcement of the Department's order shall be stayed for 60 | ||
days. The Department shall provide notice of the suspension to | ||
the licensee by mailing a copy of the Department's order to the | ||
licensee's address of record or emailing a copy of the order to | ||
the licensee's email address of record. The notice shall advise | ||
the licensee that the suspension shall be effective 60 days | ||
after the issuance of the Department's order unless the | ||
Department receives, from the licensee, a request for a hearing | ||
before the Department to dispute the matters contained in the | ||
order.
| ||
Any suspension imposed under this subsection (g) shall be | ||
terminated by the Department upon notification from the | ||
Illinois Department of Revenue that the licensee is in | ||
compliance with all tax laws administered by the Illinois | ||
Department of Revenue.
| ||
The Department may promulgate rules for the administration | ||
of this subsection (g).
| ||
(h) The Department may grant the title "Retired", to be | ||
used immediately adjacent to the title of a profession | ||
regulated by the Department, to eligible retirees. For | ||
individuals licensed under the Medical Practice Act of 1987, |
the title "Retired" may be used in the profile required by the | ||
Patients' Right to Know Act. The use of the title "Retired" | ||
shall not constitute representation of current licensure, | ||
registration, or certification. Any person without an active | ||
license, registration, or certificate in a profession that | ||
requires licensure, registration, or certification shall not | ||
be permitted to practice that profession. | ||
(i) Within 180 days after December 23, 2009 (the effective | ||
date of Public Act 96-852), the Department shall promulgate | ||
rules which permit a person with a criminal record, who seeks a | ||
license or certificate in an occupation for which a criminal | ||
record is not expressly a per se bar, to apply to the | ||
Department for a non-binding, advisory opinion to be provided | ||
by the Board or body with the authority to issue the license or | ||
certificate as to whether his or her criminal record would bar | ||
the individual from the licensure or certification sought, | ||
should the individual meet all other licensure requirements | ||
including, but not limited to, the successful completion of the | ||
relevant examinations. | ||
(Source: P.A. 99-85, eff. 1-1-16; 99-227, eff. 8-3-15; 99-330, | ||
eff. 8-10-15; 99-642, eff. 7-28-16; 99-933, eff. 1-27-17; | ||
100-262, eff. 8-22-17; revised 10-4-17.)
| ||
(20 ILCS 2105/2105-207) | ||
Sec. 2105-207. Records of Department actions. | ||
(a) Any licensee subject to a licensing Act administered by |
the Division of Professional Regulation and who has been | ||
subject to disciplinary action by the Department may file an | ||
application with the Department on forms provided by the | ||
Department, along with the required fee of $175, to have the | ||
records classified as confidential, not for public release, and | ||
considered expunged for reporting purposes if: | ||
(1) the application is submitted more than 3 years | ||
after the disciplinary offense or offenses occurred or | ||
after restoration of the license, whichever is later; | ||
(2) the licensee has had no incidents of discipline | ||
under the licensing Act since the disciplinary offense or | ||
offenses identified in the application occurred; | ||
(3) the Department has no pending investigations | ||
against the licensee; and | ||
(4) the licensee is not currently in a disciplinary | ||
status. | ||
(b) An application to make disciplinary records | ||
confidential shall only be considered by the Department for an | ||
offense or action relating to: | ||
(1) failure to pay taxes or student loans; | ||
(2) continuing education; | ||
(3) failure to renew a license on time; | ||
(4) failure to obtain or renew a certificate of | ||
registration or ancillary license; | ||
(5) advertising; | ||
(5.1) discipline based on criminal charges or |
convictions: | ||
(A) that did not arise from the licensed activity | ||
and was unrelated to the licensed activity; or | ||
(B) that were dismissed or for which records have | ||
been sealed or expunged ; . | ||
(5.2) past probationary status of a license issued to | ||
new applicants on the sole or partial basis of prior | ||
convictions; or | ||
(6) any grounds for discipline removed from the | ||
licensing Act. | ||
(c) An application shall be submitted to and considered by | ||
the Director of the Division of Professional Regulation upon | ||
submission of an application and the required non-refundable | ||
fee. The Department may establish additional requirements by | ||
rule. The Department is not required to report the removal of | ||
any disciplinary record to any national database. Nothing in | ||
this Section shall prohibit the Department from using a | ||
previous discipline for any regulatory purpose or from | ||
releasing records of a previous discipline upon request from | ||
law enforcement, or other governmental body as permitted by | ||
law. Classification of records as confidential shall result in | ||
removal of records of discipline from records kept pursuant to | ||
Sections 2105-200 and 2105-205 of this Act.
| ||
(d) Any applicant for licensure or a licensee whose | ||
petition for review is granted by the Department pursuant to | ||
subsection (a-1) of Section 2105-165 of this Law may file an |
application with the Department on forms provided by the | ||
Department to have records relating to his or her permanent | ||
denial or permanent revocation classified as confidential and | ||
not for public release and considered expunged for reporting | ||
purposes in the same manner and under the same terms as is | ||
provided in this Section for the offenses listed in subsection | ||
(b) of this Section, except that the requirements of a 7-year | ||
waiting period and the $200 application fee do not apply. | ||
(Source: P.A. 100-262, eff. 8-22-17; 100-286, eff. 1-1-18; | ||
revised 10-4-17.) | ||
Section 80. The Department of Public Health Powers and | ||
Duties Law of the
Civil Administrative Code of Illinois is | ||
amended by changing Section 2310-676 as follows: | ||
(20 ILCS 2310/2310-676) | ||
Sec. 2310-676. Advisory council on pediatric autoimmune | ||
neuropsychiatric disorder associated with streptococcal | ||
infections and pediatric acute neuropsychiatric syndrome. | ||
(a) There is established an advisory council on pediatric | ||
autoimmune neuropsychiatric disorder associated with | ||
streptococcal infections and pediatric acute neuropsychiatric | ||
syndrome to advise the Director of Public Health on research, | ||
diagnosis, treatment, and education relating to the disorder | ||
and syndrome. | ||
(b) The advisory council shall consist of the following |
members, who shall be appointed by the Director of Public | ||
Health within 60 days after August 7, 2015 ( the effective date | ||
of Public Act 99-320) this amendatory Act of the 99th General | ||
Assembly : | ||
(1) An immunologist licensed and practicing in this | ||
State who has experience treating persons with pediatric | ||
autoimmune neuropsychiatric disorder associated with | ||
streptococcal infections and pediatric acute | ||
neuropsychiatric syndrome and the use of intravenous | ||
immunoglobulin. | ||
(2) A health care provider licensed and practicing in | ||
this State who has expertise in treating persons with | ||
pediatric autoimmune neuropsychiatric disorder associated | ||
with streptococcal infections and pediatric acute | ||
neuropsychiatric syndrome and autism. | ||
(3) A representative of PANDAS/PANS Advocacy & | ||
Support. | ||
(4) An osteopathic physician licensed and practicing | ||
in this State who has experience treating persons with | ||
pediatric autoimmune neuropsychiatric disorder associated | ||
with streptococcal infections and pediatric acute | ||
neuropsychiatric syndrome. | ||
(5) A medical researcher with experience conducting | ||
research concerning pediatric autoimmune neuropsychiatric | ||
disorder associated with streptococcal infections, | ||
pediatric acute neuropsychiatric syndrome, |
obsessive-compulsive disorder, tic disorder, and other | ||
neurological disorders. | ||
(6) A certified dietitian-nutritionist practicing in | ||
this State who provides services to children with autism | ||
spectrum disorder, attention-deficit hyperactivity | ||
disorder, and other neuro-developmental conditions. | ||
(7) A representative of a professional organization in | ||
this State for school psychologists. | ||
(8) A child psychiatrist who has experience treating | ||
persons with pediatric autoimmune neuropsychiatric | ||
disorder associated with streptococcal infections and | ||
pediatric acute neuropsychiatric syndrome. | ||
(9) A representative of a professional organization in | ||
this State for school nurses. | ||
(10) A pediatrician who has experience treating | ||
persons with pediatric autoimmune neuropsychiatric | ||
disorder associated with streptococcal infections and | ||
pediatric acute neuropsychiatric syndrome. | ||
(11) A representative of an organization focused on | ||
autism. | ||
(12) A parent with a child who has been diagnosed with | ||
pediatric autoimmune neuropsychiatric disorder associated | ||
with streptococcal infections or pediatric acute | ||
neuropsychiatric syndrome and autism. | ||
(13) A social worker licensed and practicing in this | ||
State. |
(14) A representative of the Special Education | ||
Services division of the State Board of Education. | ||
(15) One member of the General Assembly appointed by | ||
the Speaker of the House of Representatives. | ||
(16) One member of the General Assembly appointed by | ||
the President of the Senate. | ||
(17) One member of the General Assembly appointed by | ||
the Minority Leader of the House of Representatives. | ||
(18) One member of the General Assembly appointed by | ||
the Minority Leader of the Senate. | ||
(c) The Director of Public Health, or his or her designee, | ||
shall be an ex officio ex-officio , nonvoting member and shall | ||
attend all meetings of the advisory council. Any member of the | ||
advisory council appointed under this Section may be a member | ||
of the General Assembly. Members shall receive no compensation | ||
for their services. | ||
(d) The Director of Public Health shall schedule the first | ||
meeting of the advisory council, which shall be held not later | ||
than 90 days after August 7, 2015 ( the effective date of Public | ||
Act 99-320) this amendatory Act of the 99th General Assembly . A | ||
majority of the council members shall constitute a quorum. A | ||
majority vote of a quorum shall be required for any official | ||
action of the advisory council. The advisory council shall meet | ||
upon the call of the chairperson or upon the request of a | ||
majority of council members. | ||
(e) Not later than January 1, 2017, and annually |
thereafter, the advisory council shall issue a report to the | ||
General Assembly with recommendations concerning: | ||
(1) practice guidelines for the diagnosis and | ||
treatment of the disorder and syndrome; | ||
(2) mechanisms to increase clinical awareness and | ||
education regarding the disorder and syndrome among | ||
physicians, including pediatricians, school-based health | ||
centers, and providers of mental health services; | ||
(3) outreach to educators and parents to increase | ||
awareness of the disorder and syndrome; and | ||
(4) development of a network of volunteer experts on | ||
the diagnosis and treatment of the disorder and syndrome to | ||
assist in education and outreach.
| ||
(Source: P.A. 99-320, eff. 8-7-15; revised 9-27-17.) | ||
Section 85. The Rehabilitation of Persons with | ||
Disabilities Act is amended by changing Section 3 as follows:
| ||
(20 ILCS 2405/3) (from Ch. 23, par. 3434)
| ||
Sec. 3. Powers and duties. The Department shall have the | ||
powers and
duties enumerated
herein:
| ||
(a) To co-operate with the federal government in the | ||
administration
of the provisions of the federal | ||
Rehabilitation Act of 1973, as amended,
of the Workforce
| ||
Innovation and Opportunity Act,
and of the federal Social | ||
Security Act to the extent and in the manner
provided in |
these Acts.
| ||
(b) To prescribe and supervise such courses of | ||
vocational training
and provide such other services as may | ||
be necessary for the habilitation
and rehabilitation of | ||
persons with one or more disabilities, including the
| ||
administrative activities under subsection (e) of this | ||
Section, and to
co-operate with State and local school | ||
authorities and other recognized
agencies engaged in | ||
habilitation, rehabilitation and comprehensive
| ||
rehabilitation services; and to cooperate with the | ||
Department of Children
and Family Services regarding the | ||
care and education of children with one
or more | ||
disabilities.
| ||
(c) (Blank).
| ||
(d) To report in writing, to the Governor, annually on | ||
or before the
first day of December, and at such other | ||
times and in such manner and
upon such subjects as the | ||
Governor may require. The annual report shall
contain (1) a | ||
statement of the existing condition of comprehensive
| ||
rehabilitation services, habilitation and rehabilitation | ||
in the State;
(2) a statement of suggestions and | ||
recommendations with reference to the
development of | ||
comprehensive rehabilitation services, habilitation and
| ||
rehabilitation in the State; and (3) an itemized statement | ||
of the
amounts of money received from federal, State and | ||
other sources, and of
the objects and purposes to which the |
respective items of these several
amounts have been | ||
devoted.
| ||
(e) (Blank).
| ||
(f) To establish a program of services to prevent the | ||
unnecessary
institutionalization of persons in need of | ||
long term care and who meet the criteria for blindness or | ||
disability as defined by the Social Security Act, thereby | ||
enabling them to
remain in their own homes. Such preventive
| ||
services include any or all of the following:
| ||
(1) personal assistant services;
| ||
(2) homemaker services;
| ||
(3) home-delivered meals;
| ||
(4) adult day care services;
| ||
(5) respite care;
| ||
(6) home modification or assistive equipment;
| ||
(7) home health services;
| ||
(8) electronic home response;
| ||
(9) brain injury behavioral/cognitive services;
| ||
(10) brain injury habilitation;
| ||
(11) brain injury pre-vocational services; or
| ||
(12) brain injury supported employment.
| ||
The Department shall establish eligibility
standards | ||
for such services taking into consideration the unique
| ||
economic and social needs of the population for whom they | ||
are to
be provided. Such eligibility standards may be based | ||
on the recipient's
ability to pay for services; provided, |
however, that any portion of a
person's income that is | ||
equal to or less than the "protected income" level
shall | ||
not be considered by the Department in determining | ||
eligibility. The
"protected income" level shall be | ||
determined by the Department, shall never be
less than the | ||
federal poverty standard, and shall be adjusted each year | ||
to
reflect changes in the Consumer Price Index For All | ||
Urban Consumers as
determined by the United States | ||
Department of Labor. The standards must
provide that a | ||
person may not have more than $10,000 in assets to be | ||
eligible for the services, and the Department may increase | ||
or decrease the asset limitation by rule. The Department | ||
may not decrease the asset level below $10,000.
| ||
The services shall be provided, as established by the
| ||
Department by rule, to eligible persons
to prevent | ||
unnecessary or premature institutionalization, to
the | ||
extent that the cost of the services, together with the
| ||
other personal maintenance expenses of the persons, are | ||
reasonably
related to the standards established for care in | ||
a group facility
appropriate to their condition. These | ||
non-institutional
services, pilot projects or experimental | ||
facilities may be provided as part of
or in addition to | ||
those authorized by federal law or those funded and
| ||
administered by the Illinois Department on Aging. The | ||
Department shall set rates and fees for services in a fair | ||
and equitable manner. Services identical to those offered |
by the Department on Aging shall be paid at the same rate.
| ||
Personal assistants shall be paid at a rate negotiated
| ||
between the State and an exclusive representative of | ||
personal
assistants under a collective bargaining | ||
agreement. In no case
shall the Department pay personal | ||
assistants an hourly wage
that is less than the federal | ||
minimum wage. Within 30 days after July 6, 2017 ( the | ||
effective date of Public Act 100-23) this amendatory Act of | ||
the 100th General Assembly , the hourly wage paid to | ||
personal assistants and individual maintenance home health | ||
workers shall be increased by $0.48 per hour.
| ||
Solely for the purposes of coverage under the Illinois | ||
Public Labor
Relations
Act, personal assistants providing
| ||
services under
the Department's Home Services Program | ||
shall be considered to be public
employees
and the State of | ||
Illinois shall be considered to be their employer as of | ||
July 16, 2003 ( the
effective date of Public Act 93-204)
| ||
this amendatory Act of the 93rd General Assembly , but not | ||
before. Solely for the purposes of coverage under the | ||
Illinois Public Labor Relations Act, home care and home | ||
health workers who function as personal assistants and | ||
individual maintenance home health workers and who also | ||
provide services under the Department's Home Services | ||
Program shall be considered to be public employees, no | ||
matter whether the State provides such services through | ||
direct fee-for-service arrangements, with the assistance |
of a managed care organization or other intermediary, or | ||
otherwise, and the State of Illinois shall be considered to | ||
be the employer of those persons as of January 29, 2013 | ||
(the effective date of Public Act 97-1158), but not before | ||
except as otherwise provided under this subsection (f). The | ||
State
shall
engage in collective bargaining with an | ||
exclusive representative of home care and home health | ||
workers who function as personal assistants and individual | ||
maintenance home health workers working under the Home | ||
Services Program
concerning
their terms and conditions of | ||
employment that are within the State's control.
Nothing in
| ||
this paragraph shall be understood to limit the right of | ||
the persons receiving
services
defined in this Section to | ||
hire and fire
home care and home health workers who | ||
function as personal assistants
and individual maintenance | ||
home health workers working under the Home Services Program | ||
or to supervise them within the limitations set by the Home | ||
Services Program. The
State
shall not be considered to be | ||
the employer of
home care and home health workers who | ||
function as personal
assistants and individual maintenance | ||
home health workers working under the Home Services Program | ||
for any purposes not specifically provided in Public Act | ||
93-204 or Public Act 97-1158, including but not limited to, | ||
purposes of vicarious liability
in tort and
purposes of | ||
statutory retirement or health insurance benefits. Home | ||
care and home health workers who function as personal |
assistants and individual maintenance home health workers | ||
and who also provide services under the Department's Home | ||
Services Program shall not be covered by the State | ||
Employees Group
Insurance Act
of 1971.
| ||
The Department shall execute, relative to nursing home | ||
prescreening, as authorized by Section 4.03 of the Illinois | ||
Act on the Aging,
written inter-agency agreements with the | ||
Department on Aging and
the Department of Healthcare and | ||
Family Services, to effect the intake procedures
and | ||
eligibility criteria for those persons who may need long | ||
term care. On and after July 1, 1996, all nursing
home | ||
prescreenings for individuals 18 through 59 years of age | ||
shall be
conducted by the Department, or a designee of the
| ||
Department.
| ||
The Department is authorized to establish a system of | ||
recipient cost-sharing
for services provided under this | ||
Section. The cost-sharing shall be based upon
the | ||
recipient's ability to pay for services, but in no case | ||
shall the
recipient's share exceed the actual cost of the | ||
services provided. Protected
income shall not be | ||
considered by the Department in its determination of the
| ||
recipient's ability to pay a share of the cost of services. | ||
The level of
cost-sharing shall be adjusted each year to | ||
reflect changes in the "protected
income" level. The | ||
Department shall deduct from the recipient's share of the
| ||
cost of services any money expended by the recipient for |
disability-related
expenses.
| ||
To the extent permitted under the federal Social | ||
Security Act, the Department, or the Department's | ||
authorized representative, may recover
the amount of | ||
moneys expended for services provided to or in behalf of a | ||
person
under this Section by a claim against the person's | ||
estate or against the estate
of the person's surviving | ||
spouse, but no recovery may be had until after the
death of | ||
the surviving spouse, if any, and then only at such time | ||
when there is
no surviving child who is under age 21 or | ||
blind or who has a permanent and total disability. This | ||
paragraph, however, shall not bar recovery, at the death of | ||
the
person, of moneys for services provided to the person | ||
or in behalf of the
person under this Section to which the | ||
person was not entitled; provided that
such recovery shall | ||
not be enforced against any real estate while
it is | ||
occupied as a homestead by the surviving spouse or other | ||
dependent, if no
claims by other creditors have been filed | ||
against the estate, or, if such
claims have been filed, | ||
they remain dormant for failure of prosecution or
failure | ||
of the claimant to compel administration of the estate for | ||
the purpose
of payment. This paragraph shall not bar | ||
recovery from the estate of a spouse,
under Sections 1915 | ||
and 1924 of the Social Security Act and Section 5-4 of the
| ||
Illinois Public Aid Code, who precedes a person receiving | ||
services under this
Section in death. All moneys for |
services
paid to or in behalf of the person under this | ||
Section shall be claimed for
recovery from the deceased | ||
spouse's estate. "Homestead", as used in this
paragraph, | ||
means the dwelling house and
contiguous real estate | ||
occupied by a surviving spouse or relative, as defined
by | ||
the rules and regulations of the Department of Healthcare | ||
and Family Services,
regardless of the value of the | ||
property.
| ||
The Department shall submit an annual report on | ||
programs and
services provided under this Section. The | ||
report shall be filed
with the Governor and the General | ||
Assembly on or before March
30
each year.
| ||
The requirement for reporting to the General Assembly | ||
shall be satisfied
by filing copies of the report with the | ||
Speaker, the Minority Leader and
the Clerk of the House of | ||
Representatives and the President, the Minority
Leader and | ||
the Secretary of the Senate and the Legislative Research | ||
Unit,
as required by Section 3.1 of the General Assembly | ||
Organization Act, and filing
additional copies with the | ||
State
Government Report Distribution Center for the | ||
General Assembly as
required under paragraph (t) of Section | ||
7 of the State Library Act.
| ||
(g) To establish such subdivisions of the Department
as | ||
shall be desirable and assign to the various subdivisions | ||
the
responsibilities and duties placed upon the Department | ||
by law.
|
(h) To cooperate and enter into any necessary | ||
agreements with the
Department of Employment Security for | ||
the provision of job placement and
job referral services to | ||
clients of the Department, including job
service | ||
registration of such clients with Illinois Employment | ||
Security
offices and making job listings maintained by the | ||
Department of Employment
Security available to such | ||
clients.
| ||
(i) To possess all powers reasonable and necessary for
| ||
the exercise and administration of the powers, duties and
| ||
responsibilities of the Department which are provided for | ||
by law.
| ||
(j) (Blank).
| ||
(k) (Blank).
| ||
(l) To establish, operate , and maintain a Statewide | ||
Housing Clearinghouse
of information on available , | ||
government subsidized housing accessible to
persons with | ||
disabilities and available privately owned housing | ||
accessible to
persons with disabilities. The information | ||
shall include , but not be limited to , the
location, rental | ||
requirements, access features and proximity to public
| ||
transportation of available housing. The Clearinghouse | ||
shall consist
of at least a computerized database for the | ||
storage and retrieval of
information and a separate or | ||
shared toll free telephone number for use by
those seeking | ||
information from the Clearinghouse. Department offices and
|
personnel throughout the State shall also assist in the | ||
operation of the
Statewide Housing Clearinghouse. | ||
Cooperation with local, State , and federal
housing | ||
managers shall be sought and extended in order to | ||
frequently and
promptly update the Clearinghouse's | ||
information.
| ||
(m) To assure that the names and case records of | ||
persons who received or
are
receiving services from the | ||
Department, including persons receiving vocational
| ||
rehabilitation, home services, or other services, and | ||
those attending one of
the Department's schools or other | ||
supervised facility shall be confidential and
not be open | ||
to the general public. Those case records and reports or | ||
the
information contained in those records and reports | ||
shall be disclosed by the
Director only to proper law | ||
enforcement officials, individuals authorized by a
court, | ||
the General Assembly or any committee or commission of the | ||
General
Assembly, and other persons and for reasons as the | ||
Director designates by rule.
Disclosure by the Director may | ||
be only in accordance with other applicable
law.
| ||
(Source: P.A. 99-143, eff. 7-27-15; 100-23, eff. 7-6-17; | ||
100-477, eff. 9-8-17; revised 9-27-17.)
| ||
Section 90. The Disabilities Services Act of 2003 is | ||
amended by changing Section 55 as follows: |
(20 ILCS 2407/55) | ||
Sec. 55. Dissemination of reports. (a) On or before April 1 | ||
of each year, in conjunction with their annual report, the | ||
Department of Healthcare and Family Services, in cooperation | ||
with the other involved agencies, shall report to the Governor | ||
and the General Assembly on the implementation of this Act and | ||
include, at a minimum, the following data: (i) a description of | ||
any interagency agreements, fiscal payment mechanisms or | ||
methodologies developed under this Act that effectively | ||
support choice; (ii) information concerning the dollar amounts | ||
of State Medicaid long-term care expenditures and the | ||
percentage of such expenditures that were for institutional | ||
long-term care services or were for home and community-based | ||
long-term care services; and (iii) documentation that the | ||
Departments have met the requirements under Section 54(a) to | ||
assure the health and welfare of eligible individuals receiving | ||
home and community-based long-term care services. This report | ||
must be made available to the general public, including via the | ||
Departmental websites.
| ||
(Source: P.A. 95-438, eff. 1-1-08; revised 9-27-17.) | ||
Section 95. The Criminal Identification Act is amended by | ||
changing Section 5.2 as follows:
| ||
(20 ILCS 2630/5.2)
| ||
Sec. 5.2. Expungement, sealing , and immediate sealing. |
(a) General Provisions. | ||
(1) Definitions. In this Act, words and phrases have
| ||
the meanings set forth in this subsection, except when a
| ||
particular context clearly requires a different meaning. | ||
(A) The following terms shall have the meanings | ||
ascribed to them in the Unified Code of Corrections, | ||
730 ILCS 5/5-1-2 through 5/5-1-22: | ||
(i) Business Offense (730 ILCS 5/5-1-2), | ||
(ii) Charge (730 ILCS 5/5-1-3), | ||
(iii) Court (730 ILCS 5/5-1-6), | ||
(iv) Defendant (730 ILCS 5/5-1-7), | ||
(v) Felony (730 ILCS 5/5-1-9), | ||
(vi) Imprisonment (730 ILCS 5/5-1-10), | ||
(vii) Judgment (730 ILCS 5/5-1-12), | ||
(viii) Misdemeanor (730 ILCS 5/5-1-14), | ||
(ix) Offense (730 ILCS 5/5-1-15), | ||
(x) Parole (730 ILCS 5/5-1-16), | ||
(xi) Petty Offense (730 ILCS 5/5-1-17), | ||
(xii) Probation (730 ILCS 5/5-1-18), | ||
(xiii) Sentence (730 ILCS 5/5-1-19), | ||
(xiv) Supervision (730 ILCS 5/5-1-21), and | ||
(xv) Victim (730 ILCS 5/5-1-22). | ||
(B) As used in this Section, "charge not initiated | ||
by arrest" means a charge (as defined by 730 ILCS | ||
5/5-1-3) brought against a defendant where the | ||
defendant is not arrested prior to or as a direct |
result of the charge. | ||
(C) "Conviction" means a judgment of conviction or | ||
sentence entered upon a plea of guilty or upon a | ||
verdict or finding of guilty of an offense, rendered by | ||
a legally constituted jury or by a court of competent | ||
jurisdiction authorized to try the case without a jury. | ||
An order of supervision successfully completed by the | ||
petitioner is not a conviction. An order of qualified | ||
probation (as defined in subsection (a)(1)(J)) | ||
successfully completed by the petitioner is not a | ||
conviction. An order of supervision or an order of | ||
qualified probation that is terminated | ||
unsatisfactorily is a conviction, unless the | ||
unsatisfactory termination is reversed, vacated, or | ||
modified and the judgment of conviction, if any, is | ||
reversed or vacated. | ||
(D) "Criminal offense" means a petty offense, | ||
business offense, misdemeanor, felony, or municipal | ||
ordinance violation (as defined in subsection | ||
(a)(1)(H)). As used in this Section, a minor traffic | ||
offense (as defined in subsection (a)(1)(G)) shall not | ||
be considered a criminal offense. | ||
(E) "Expunge" means to physically destroy the | ||
records or return them to the petitioner and to | ||
obliterate the petitioner's name from any official | ||
index or public record, or both. Nothing in this Act |
shall require the physical destruction of the circuit | ||
court file, but such records relating to arrests or | ||
charges, or both, ordered expunged shall be impounded | ||
as required by subsections (d)(9)(A)(ii) and | ||
(d)(9)(B)(ii). | ||
(F) As used in this Section, "last sentence" means | ||
the sentence, order of supervision, or order of | ||
qualified probation (as defined by subsection | ||
(a)(1)(J)), for a criminal offense (as defined by | ||
subsection (a)(1)(D)) that terminates last in time in | ||
any jurisdiction, regardless of whether the petitioner | ||
has included the criminal offense for which the | ||
sentence or order of supervision or qualified | ||
probation was imposed in his or her petition. If | ||
multiple sentences, orders of supervision, or orders | ||
of qualified probation terminate on the same day and | ||
are last in time, they shall be collectively considered | ||
the "last sentence" regardless of whether they were | ||
ordered to run concurrently. | ||
(G) "Minor traffic offense" means a petty offense, | ||
business offense, or Class C misdemeanor under the | ||
Illinois Vehicle Code or a similar provision of a | ||
municipal or local ordinance. | ||
(H) "Municipal ordinance violation" means an | ||
offense defined by a municipal or local ordinance that | ||
is criminal in nature and with which the petitioner was |
charged or for which the petitioner was arrested and | ||
released without charging. | ||
(I) "Petitioner" means an adult or a minor | ||
prosecuted as an
adult who has applied for relief under | ||
this Section. | ||
(J) "Qualified probation" means an order of | ||
probation under Section 10 of the Cannabis Control Act, | ||
Section 410 of the Illinois Controlled Substances Act, | ||
Section 70 of the Methamphetamine Control and | ||
Community Protection Act, Section 5-6-3.3 or 5-6-3.4 | ||
of the Unified Code of Corrections, Section | ||
12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as | ||
those provisions existed before their deletion by | ||
Public Act 89-313), Section 10-102 of the Illinois | ||
Alcoholism and Other Drug Dependency Act, Section | ||
40-10 of the Alcoholism and Other Drug Abuse and | ||
Dependency Act, or Section 10 of the Steroid Control | ||
Act. For the purpose of this Section, "successful | ||
completion" of an order of qualified probation under | ||
Section 10-102 of the Illinois Alcoholism and Other | ||
Drug Dependency Act and Section 40-10 of the Alcoholism | ||
and Other Drug Abuse and Dependency Act means that the | ||
probation was terminated satisfactorily and the | ||
judgment of conviction was vacated. | ||
(K) "Seal" means to physically and electronically | ||
maintain the records, unless the records would |
otherwise be destroyed due to age, but to make the | ||
records unavailable without a court order, subject to | ||
the exceptions in Sections 12 and 13 of this Act. The | ||
petitioner's name shall also be obliterated from the | ||
official index required to be kept by the circuit court | ||
clerk under Section 16 of the Clerks of Courts Act, but | ||
any index issued by the circuit court clerk before the | ||
entry of the order to seal shall not be affected. | ||
(L) "Sexual offense committed against a minor" | ||
includes but is
not limited to the offenses of indecent | ||
solicitation of a child
or criminal sexual abuse when | ||
the victim of such offense is
under 18 years of age. | ||
(M) "Terminate" as it relates to a sentence or | ||
order of supervision or qualified probation includes | ||
either satisfactory or unsatisfactory termination of | ||
the sentence, unless otherwise specified in this | ||
Section. | ||
(2) Minor Traffic Offenses.
Orders of supervision or | ||
convictions for minor traffic offenses shall not affect a | ||
petitioner's eligibility to expunge or seal records | ||
pursuant to this Section. | ||
(2.5) Commencing 180 days after July 29, 2016 (the | ||
effective date of Public Act 99-697), the law enforcement | ||
agency issuing the citation shall automatically expunge, | ||
on or before January 1 and July 1 of each year, the law | ||
enforcement records of a person found to have committed a |
civil law violation of subsection (a) of Section 4 of the | ||
Cannabis Control Act or subsection (c) of Section 3.5 of | ||
the Drug Paraphernalia Control Act in the law enforcement | ||
agency's possession or control and which contains the final | ||
satisfactory disposition which pertain to the person | ||
issued a citation for that offense.
The law enforcement | ||
agency shall provide by rule the process for access, | ||
review, and to confirm the automatic expungement by the law | ||
enforcement agency issuing the citation.
Commencing 180 | ||
days after July 29, 2016 (the effective date of Public Act | ||
99-697), the clerk of the circuit court shall expunge, upon | ||
order of the court, or in the absence of a court order on | ||
or before January 1 and July 1 of each year, the court | ||
records of a person found in the circuit court to have | ||
committed a civil law violation of subsection (a) of | ||
Section 4 of the Cannabis Control Act or subsection (c) of | ||
Section 3.5 of the Drug Paraphernalia Control Act in the | ||
clerk's possession or control and which contains the final | ||
satisfactory disposition which pertain to the person | ||
issued a citation for any of those offenses. | ||
(3) Exclusions. Except as otherwise provided in | ||
subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) | ||
of this Section, the court shall not order: | ||
(A) the sealing or expungement of the records of | ||
arrests or charges not initiated by arrest that result | ||
in an order of supervision for or conviction of:
(i) |
any sexual offense committed against a
minor; (ii) | ||
Section 11-501 of the Illinois Vehicle Code or a | ||
similar provision of a local ordinance; or (iii) | ||
Section 11-503 of the Illinois Vehicle Code or a | ||
similar provision of a local ordinance, unless the | ||
arrest or charge is for a misdemeanor violation of | ||
subsection (a) of Section 11-503 or a similar provision | ||
of a local ordinance, that occurred prior to the | ||
offender reaching the age of 25 years and the offender | ||
has no other conviction for violating Section 11-501 or | ||
11-503 of the Illinois Vehicle Code or a similar | ||
provision of a local ordinance. | ||
(B) the sealing or expungement of records of minor | ||
traffic offenses (as defined in subsection (a)(1)(G)), | ||
unless the petitioner was arrested and released | ||
without charging. | ||
(C) the sealing of the records of arrests or | ||
charges not initiated by arrest which result in an | ||
order of supervision or a conviction for the following | ||
offenses: | ||
(i) offenses included in Article 11 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 | ||
or a similar provision of a local ordinance, except | ||
Section 11-14 and a misdemeanor violation of | ||
Section 11-30 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012, or a similar provision of a |
local ordinance; | ||
(ii) Section 11-1.50, 12-3.4, 12-15, 12-30, | ||
26-5, or 48-1 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012, or a similar provision of a | ||
local ordinance; | ||
(iii) Sections 12-3.1 or 12-3.2 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012, | ||
or Section 125 of the Stalking No Contact Order | ||
Act, or Section 219 of the Civil No Contact Order | ||
Act, or a similar provision of a local ordinance; | ||
(iv) Class A misdemeanors or felony offenses | ||
under the Humane Care for Animals Act; or | ||
(v) any offense or attempted offense that | ||
would subject a person to registration under the | ||
Sex Offender Registration Act. | ||
(D) (blank). | ||
(b) Expungement. | ||
(1) A petitioner may petition the circuit court to | ||
expunge the
records of his or her arrests and charges not | ||
initiated by arrest when each arrest or charge not | ||
initiated by arrest
sought to be expunged resulted in:
(i) | ||
acquittal, dismissal, or the petitioner's release without | ||
charging, unless excluded by subsection (a)(3)(B);
(ii) a | ||
conviction which was vacated or reversed, unless excluded | ||
by subsection (a)(3)(B);
(iii) an order of supervision and | ||
such supervision was successfully completed by the |
petitioner, unless excluded by subsection (a)(3)(A) or | ||
(a)(3)(B); or
(iv) an order of qualified probation (as | ||
defined in subsection (a)(1)(J)) and such probation was | ||
successfully completed by the petitioner. | ||
(1.5) When a petitioner seeks to have a record of | ||
arrest expunged under this Section, and the offender has | ||
been convicted of a criminal offense, the State's Attorney | ||
may object to the expungement on the grounds that the | ||
records contain specific relevant information aside from | ||
the mere fact of the arrest. | ||
(2) Time frame for filing a petition to expunge. | ||
(A) When the arrest or charge not initiated by | ||
arrest sought to be expunged resulted in an acquittal, | ||
dismissal, the petitioner's release without charging, | ||
or the reversal or vacation of a conviction, there is | ||
no waiting period to petition for the expungement of | ||
such records. | ||
(B) When the arrest or charge not initiated by | ||
arrest
sought to be expunged resulted in an order of | ||
supervision, successfully
completed by the petitioner, | ||
the following time frames will apply: | ||
(i) Those arrests or charges that resulted in | ||
orders of
supervision under Section 3-707, 3-708, | ||
3-710, or 5-401.3 of the Illinois Vehicle Code or a | ||
similar provision of a local ordinance, or under | ||
Section 11-1.50, 12-3.2, or 12-15 of the Criminal |
Code of 1961 or the Criminal Code of 2012, or a | ||
similar provision of a local ordinance, shall not | ||
be eligible for expungement until 5 years have | ||
passed following the satisfactory termination of | ||
the supervision. | ||
(i-5) Those arrests or charges that resulted | ||
in orders of supervision for a misdemeanor | ||
violation of subsection (a) of Section 11-503 of | ||
the Illinois Vehicle Code or a similar provision of | ||
a local ordinance, that occurred prior to the | ||
offender reaching the age of 25 years and the | ||
offender has no other conviction for violating | ||
Section 11-501 or 11-503 of the Illinois Vehicle | ||
Code or a similar provision of a local ordinance | ||
shall not be eligible for expungement until the | ||
petitioner has reached the age of 25 years. | ||
(ii) Those arrests or charges that resulted in | ||
orders
of supervision for any other offenses shall | ||
not be
eligible for expungement until 2 years have | ||
passed
following the satisfactory termination of | ||
the supervision. | ||
(C) When the arrest or charge not initiated by | ||
arrest sought to
be expunged resulted in an order of | ||
qualified probation, successfully
completed by the | ||
petitioner, such records shall not be eligible for
| ||
expungement until 5 years have passed following the |
satisfactory
termination of the probation. | ||
(3) Those records maintained by the Department for
| ||
persons arrested prior to their 17th birthday shall be
| ||
expunged as provided in Section 5-915 of the Juvenile Court
| ||
Act of 1987. | ||
(4) Whenever a person has been arrested for or | ||
convicted of any
offense, in the name of a person whose | ||
identity he or she has stolen or otherwise
come into | ||
possession of, the aggrieved person from whom the identity
| ||
was stolen or otherwise obtained without authorization,
| ||
upon learning of the person having been arrested using his
| ||
or her identity, may, upon verified petition to the chief | ||
judge of
the circuit wherein the arrest was made, have a | ||
court order
entered nunc pro tunc by the Chief Judge to | ||
correct the
arrest record, conviction record, if any, and | ||
all official
records of the arresting authority, the | ||
Department, other
criminal justice agencies, the | ||
prosecutor, and the trial
court concerning such arrest, if | ||
any, by removing his or her name
from all such records in | ||
connection with the arrest and
conviction, if any, and by | ||
inserting in the records the
name of the offender, if known | ||
or ascertainable, in lieu of
the aggrieved's name. The | ||
records of the circuit court clerk shall be sealed until | ||
further order of
the court upon good cause shown and the | ||
name of the
aggrieved person obliterated on the official | ||
index
required to be kept by the circuit court clerk under
|
Section 16 of the Clerks of Courts Act, but the order shall
| ||
not affect any index issued by the circuit court clerk
| ||
before the entry of the order. Nothing in this Section
| ||
shall limit the Department of State Police or other
| ||
criminal justice agencies or prosecutors from listing
| ||
under an offender's name the false names he or she has
| ||
used. | ||
(5) Whenever a person has been convicted of criminal
| ||
sexual assault, aggravated criminal sexual assault,
| ||
predatory criminal sexual assault of a child, criminal
| ||
sexual abuse, or aggravated criminal sexual abuse, the
| ||
victim of that offense may request that the State's
| ||
Attorney of the county in which the conviction occurred
| ||
file a verified petition with the presiding trial judge at
| ||
the petitioner's trial to have a court order entered to | ||
seal
the records of the circuit court clerk in connection
| ||
with the proceedings of the trial court concerning that
| ||
offense. However, the records of the arresting authority
| ||
and the Department of State Police concerning the offense
| ||
shall not be sealed. The court, upon good cause shown,
| ||
shall make the records of the circuit court clerk in
| ||
connection with the proceedings of the trial court
| ||
concerning the offense available for public inspection. | ||
(6) If a conviction has been set aside on direct review
| ||
or on collateral attack and the court determines by clear
| ||
and convincing evidence that the petitioner was factually
|
innocent of the charge, the court that finds the petitioner | ||
factually innocent of the charge shall enter an
expungement | ||
order for the conviction for which the petitioner has been | ||
determined to be innocent as provided in subsection (b) of | ||
Section
5-5-4 of the Unified Code of Corrections. | ||
(7) Nothing in this Section shall prevent the | ||
Department of
State Police from maintaining all records of | ||
any person who
is admitted to probation upon terms and | ||
conditions and who
fulfills those terms and conditions | ||
pursuant to Section 10
of the Cannabis Control Act, Section | ||
410 of the Illinois
Controlled Substances Act, Section 70 | ||
of the
Methamphetamine Control and Community Protection | ||
Act,
Section 5-6-3.3 or 5-6-3.4 of the Unified Code of | ||
Corrections, Section 12-4.3 or subdivision (b)(1) of | ||
Section 12-3.05 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012, Section 10-102
of the Illinois | ||
Alcoholism and Other Drug Dependency Act,
Section 40-10 of | ||
the Alcoholism and Other Drug Abuse and
Dependency Act, or | ||
Section 10 of the Steroid Control Act. | ||
(8) If the petitioner has been granted a certificate of | ||
innocence under Section 2-702 of the Code of Civil | ||
Procedure, the court that grants the certificate of | ||
innocence shall also enter an order expunging the | ||
conviction for which the petitioner has been determined to | ||
be innocent as provided in subsection (h) of Section 2-702 | ||
of the Code of Civil Procedure. |
(c) Sealing. | ||
(1) Applicability. Notwithstanding any other provision | ||
of this Act to the contrary, and cumulative with any rights | ||
to expungement of criminal records, this subsection | ||
authorizes the sealing of criminal records of adults and of | ||
minors prosecuted as adults. Subsection (g) of this Section | ||
provides for immediate sealing of certain records. | ||
(2) Eligible Records. The following records may be | ||
sealed: | ||
(A) All arrests resulting in release without | ||
charging; | ||
(B) Arrests or charges not initiated by arrest | ||
resulting in acquittal, dismissal, or conviction when | ||
the conviction was reversed or vacated, except as | ||
excluded by subsection (a)(3)(B); | ||
(C) Arrests or charges not initiated by arrest | ||
resulting in orders of supervision, including orders | ||
of supervision for municipal ordinance violations, | ||
successfully completed by the petitioner, unless | ||
excluded by subsection (a)(3); | ||
(D) Arrests or charges not initiated by arrest | ||
resulting in convictions, including convictions on | ||
municipal ordinance violations, unless excluded by | ||
subsection (a)(3); | ||
(E) Arrests or charges not initiated by arrest | ||
resulting in orders of first offender probation under |
Section 10 of the Cannabis Control Act, Section 410 of | ||
the Illinois Controlled Substances Act, Section 70 of | ||
the Methamphetamine Control and Community Protection | ||
Act, or Section 5-6-3.3 of the Unified Code of | ||
Corrections; and | ||
(F) Arrests or charges not initiated by arrest | ||
resulting in felony convictions unless otherwise | ||
excluded by subsection (a) paragraph (3) of this | ||
Section. | ||
(3) When Records Are Eligible to Be Sealed. Records | ||
identified as eligible under subsection (c)(2) may be | ||
sealed as follows: | ||
(A) Records identified as eligible under | ||
subsection (c)(2)(A) and (c)(2)(B) may be sealed at any | ||
time. | ||
(B) Except as otherwise provided in subparagraph | ||
(E) of this paragraph (3), records identified as | ||
eligible under subsection (c)(2)(C) may be sealed
2 | ||
years after the termination of petitioner's last | ||
sentence (as defined in subsection (a)(1)(F)). | ||
(C) Except as otherwise provided in subparagraph | ||
(E) of this paragraph (3), records identified as | ||
eligible under subsections (c)(2)(D), (c)(2)(E), and | ||
(c)(2)(F) may be sealed 3 years after the termination | ||
of the petitioner's last sentence (as defined in | ||
subsection (a)(1)(F)). Convictions requiring public |
registration under the Arsonist Registration Act, the | ||
Sex Offender Registration Act, or the Murderer and | ||
Violent Offender Against Youth Registration Act may | ||
not be sealed until the petitioner is no longer | ||
required to register under that relevant Act. | ||
(D) Records identified in subsection | ||
(a)(3)(A)(iii) may be sealed after the petitioner has | ||
reached the age of 25 years. | ||
(E) Records identified as eligible under | ||
subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or | ||
(c)(2)(F) may be sealed upon termination of the | ||
petitioner's last sentence if the petitioner earned a | ||
high school diploma, associate's degree, career | ||
certificate, vocational technical certification, or | ||
bachelor's degree, or passed the high school level Test | ||
of General Educational Development, during the period | ||
of his or her sentence, aftercare release, or mandatory | ||
supervised release. This subparagraph shall apply only | ||
to a petitioner who has not completed the same | ||
educational goal prior to the period of his or her | ||
sentence, aftercare release, or mandatory supervised | ||
release. If a petition for sealing eligible records | ||
filed under this subparagraph is denied by the court, | ||
the time periods under subparagraph (B) or (C) shall | ||
apply to any subsequent petition for sealing filed by | ||
the petitioner. |
(4) Subsequent felony convictions. A person may not | ||
have
subsequent felony conviction records sealed as | ||
provided in this subsection
(c) if he or she is convicted | ||
of any felony offense after the date of the
sealing of | ||
prior felony convictions as provided in this subsection | ||
(c). The court may, upon conviction for a subsequent felony | ||
offense, order the unsealing of prior felony conviction | ||
records previously ordered sealed by the court. | ||
(5) Notice of eligibility for sealing. Upon entry of a | ||
disposition for an eligible record under this subsection | ||
(c), the petitioner shall be informed by the court of the | ||
right to have the records sealed and the procedures for the | ||
sealing of the records. | ||
(d) Procedure. The following procedures apply to | ||
expungement under subsections (b), (e), and (e-6) and sealing | ||
under subsections (c) and (e-5): | ||
(1) Filing the petition. Upon becoming eligible to | ||
petition for
the expungement or sealing of records under | ||
this Section, the petitioner shall file a petition | ||
requesting the expungement
or sealing of records with the | ||
clerk of the court where the arrests occurred or the | ||
charges were brought, or both. If arrests occurred or | ||
charges were brought in multiple jurisdictions, a petition | ||
must be filed in each such jurisdiction. The petitioner | ||
shall pay the applicable fee, except no fee shall be | ||
required if the petitioner has obtained a court order |
waiving fees under Supreme Court Rule 298 or it is | ||
otherwise waived. | ||
(1.5) County fee waiver pilot program.
In a county of | ||
3,000,000 or more inhabitants, no fee shall be required to | ||
be paid by a petitioner if the records sought to be | ||
expunged or sealed were arrests resulting in release | ||
without charging or arrests or charges not initiated by | ||
arrest resulting in acquittal, dismissal, or conviction | ||
when the conviction was reversed or vacated, unless | ||
excluded by subsection (a)(3)(B). The provisions of this | ||
paragraph (1.5), other than this sentence, are inoperative | ||
on and after January 1, 2019 or one year after January 1, | ||
2017 (the effective date of Public Act 99-881), whichever | ||
is later . | ||
(2) Contents of petition. The petition shall be
| ||
verified and shall contain the petitioner's name, date of
| ||
birth, current address and, for each arrest or charge not | ||
initiated by
arrest sought to be sealed or expunged, the | ||
case number, the date of
arrest (if any), the identity of | ||
the arresting authority, and such
other information as the | ||
court may require. During the pendency
of the proceeding, | ||
the petitioner shall promptly notify the
circuit court | ||
clerk of any change of his or her address. If the | ||
petitioner has received a certificate of eligibility for | ||
sealing from the Prisoner Review Board under paragraph (10) | ||
of subsection (a) of Section 3-3-2 of the Unified Code of |
Corrections, the certificate shall be attached to the | ||
petition. | ||
(3) Drug test. The petitioner must attach to the | ||
petition proof that the petitioner has passed a test taken | ||
within 30 days before the filing of the petition showing | ||
the absence within his or her body of all illegal | ||
substances as defined by the Illinois Controlled | ||
Substances Act, the Methamphetamine Control and Community | ||
Protection Act, and the Cannabis Control Act if he or she | ||
is petitioning to: | ||
(A) seal felony records under clause (c)(2)(E); | ||
(B) seal felony records for a violation of the | ||
Illinois Controlled Substances Act, the | ||
Methamphetamine Control and Community Protection Act, | ||
or the Cannabis Control Act under clause (c)(2)(F); | ||
(C) seal felony records under subsection (e-5); or | ||
(D) expunge felony records of a qualified | ||
probation under clause (b)(1)(iv). | ||
(4) Service of petition. The circuit court clerk shall | ||
promptly
serve a copy of the petition and documentation to | ||
support the petition under subsection (e-5) or (e-6) on the | ||
State's Attorney or
prosecutor charged with the duty of | ||
prosecuting the
offense, the Department of State Police, | ||
the arresting
agency and the chief legal officer of the | ||
unit of local
government effecting the arrest. | ||
(5) Objections. |
(A) Any party entitled to notice of the petition | ||
may file an objection to the petition. All objections | ||
shall be in writing, shall be filed with the circuit | ||
court clerk, and shall state with specificity the basis | ||
of the objection. Whenever a person who has been | ||
convicted of an offense is granted
a pardon by the | ||
Governor which specifically authorizes expungement, an | ||
objection to the petition may not be filed. | ||
(B) Objections to a petition to expunge or seal | ||
must be filed within 60 days of the date of service of | ||
the petition. | ||
(6) Entry of order. | ||
(A) The Chief Judge of the circuit wherein the | ||
charge was brought, any judge of that circuit | ||
designated by the Chief Judge, or in counties of less | ||
than 3,000,000 inhabitants, the presiding trial judge | ||
at the petitioner's trial, if any, shall rule on the | ||
petition to expunge or seal as set forth in this | ||
subsection (d)(6). | ||
(B) Unless the State's Attorney or prosecutor, the | ||
Department of
State Police, the arresting agency, or | ||
the chief legal officer
files an objection to the | ||
petition to expunge or seal within 60 days from the | ||
date of service of the petition, the court shall enter | ||
an order granting or denying the petition. | ||
(7) Hearings. If an objection is filed, the court shall |
set a date for a hearing and notify the petitioner and all | ||
parties entitled to notice of the petition of the hearing | ||
date at least 30 days prior to the hearing. Prior to the | ||
hearing, the State's Attorney shall consult with the | ||
Department as to the appropriateness of the relief sought | ||
in the petition to expunge or seal. At the hearing, the | ||
court shall hear evidence on whether the petition should or | ||
should not be granted, and shall grant or deny the petition | ||
to expunge or seal the records based on the evidence | ||
presented at the hearing. The court may consider the | ||
following: | ||
(A) the strength of the evidence supporting the | ||
defendant's conviction; | ||
(B) the reasons for retention of the conviction | ||
records by the State; | ||
(C) the petitioner's age, criminal record history, | ||
and employment history; | ||
(D) the period of time between the petitioner's | ||
arrest on the charge resulting in the conviction and | ||
the filing of the petition under this Section; and | ||
(E) the specific adverse consequences the | ||
petitioner may be subject to if the petition is denied. | ||
(8) Service of order. After entering an order to | ||
expunge or
seal records, the court must provide copies of | ||
the order to the
Department, in a form and manner | ||
prescribed by the Department,
to the petitioner, to the |
State's Attorney or prosecutor
charged with the duty of | ||
prosecuting the offense, to the
arresting agency, to the | ||
chief legal officer of the unit of
local government | ||
effecting the arrest, and to such other
criminal justice | ||
agencies as may be ordered by the court. | ||
(9) Implementation of order. | ||
(A) Upon entry of an order to expunge records | ||
pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both: | ||
(i) the records shall be expunged (as defined | ||
in subsection (a)(1)(E)) by the arresting agency, | ||
the Department, and any other agency as ordered by | ||
the court, within 60 days of the date of service of | ||
the order, unless a motion to vacate, modify, or | ||
reconsider the order is filed pursuant to | ||
paragraph (12) of subsection (d) of this Section; | ||
(ii) the records of the circuit court clerk | ||
shall be impounded until further order of the court | ||
upon good cause shown and the name of the | ||
petitioner obliterated on the official index | ||
required to be kept by the circuit court clerk | ||
under Section 16 of the Clerks of Courts Act, but | ||
the order shall not affect any index issued by the | ||
circuit court clerk before the entry of the order; | ||
and | ||
(iii) in response to an inquiry for expunged | ||
records, the court, the Department, or the agency |
receiving such inquiry, shall reply as it does in | ||
response to inquiries when no records ever | ||
existed. | ||
(B) Upon entry of an order to expunge records | ||
pursuant to (b)(2)(B)(i) or (b)(2)(C), or both: | ||
(i) the records shall be expunged (as defined | ||
in subsection (a)(1)(E)) by the arresting agency | ||
and any other agency as ordered by the court, | ||
within 60 days of the date of service of the order, | ||
unless a motion to vacate, modify, or reconsider | ||
the order is filed pursuant to paragraph (12) of | ||
subsection (d) of this Section; | ||
(ii) the records of the circuit court clerk | ||
shall be impounded until further order of the court | ||
upon good cause shown and the name of the | ||
petitioner obliterated on the official index | ||
required to be kept by the circuit court clerk | ||
under Section 16 of the Clerks of Courts Act, but | ||
the order shall not affect any index issued by the | ||
circuit court clerk before the entry of the order; | ||
(iii) the records shall be impounded by the
| ||
Department within 60 days of the date of service of | ||
the order as ordered by the court, unless a motion | ||
to vacate, modify, or reconsider the order is filed | ||
pursuant to paragraph (12) of subsection (d) of | ||
this Section; |
(iv) records impounded by the Department may | ||
be disseminated by the Department only as required | ||
by law or to the arresting authority, the State's | ||
Attorney, and the court upon a later arrest for the | ||
same or a similar offense or for the purpose of | ||
sentencing for any subsequent felony, and to the | ||
Department of Corrections upon conviction for any | ||
offense; and | ||
(v) in response to an inquiry for such records | ||
from anyone not authorized by law to access such | ||
records, the court, the Department, or the agency | ||
receiving such inquiry shall reply as it does in | ||
response to inquiries when no records ever | ||
existed. | ||
(B-5) Upon entry of an order to expunge records | ||
under subsection (e-6): | ||
(i) the records shall be expunged (as defined | ||
in subsection (a)(1)(E)) by the arresting agency | ||
and any other agency as ordered by the court, | ||
within 60 days of the date of service of the order, | ||
unless a motion to vacate, modify, or reconsider | ||
the order is filed under paragraph (12) of | ||
subsection (d) of this Section; | ||
(ii) the records of the circuit court clerk | ||
shall be impounded until further order of the court | ||
upon good cause shown and the name of the |
petitioner obliterated on the official index | ||
required to be kept by the circuit court clerk | ||
under Section 16 of the Clerks of Courts Act, but | ||
the order shall not affect any index issued by the | ||
circuit court clerk before the entry of the order; | ||
(iii) the records shall be impounded by the
| ||
Department within 60 days of the date of service of | ||
the order as ordered by the court, unless a motion | ||
to vacate, modify, or reconsider the order is filed | ||
under paragraph (12) of subsection (d) of this | ||
Section; | ||
(iv) records impounded by the Department may | ||
be disseminated by the Department only as required | ||
by law or to the arresting authority, the State's | ||
Attorney, and the court upon a later arrest for the | ||
same or a similar offense or for the purpose of | ||
sentencing for any subsequent felony, and to the | ||
Department of Corrections upon conviction for any | ||
offense; and | ||
(v) in response to an inquiry for these records | ||
from anyone not authorized by law to access the | ||
records, the court, the Department, or the agency | ||
receiving the inquiry shall reply as it does in | ||
response to inquiries when no records ever | ||
existed. | ||
(C) Upon entry of an order to seal records under |
subsection
(c), the arresting agency, any other agency | ||
as ordered by the court, the Department, and the court | ||
shall seal the records (as defined in subsection | ||
(a)(1)(K)). In response to an inquiry for such records, | ||
from anyone not authorized by law to access such | ||
records, the court, the Department, or the agency | ||
receiving such inquiry shall reply as it does in | ||
response to inquiries when no records ever existed. | ||
(D) The Department shall send written notice to the | ||
petitioner of its compliance with each order to expunge | ||
or seal records within 60 days of the date of service | ||
of that order or, if a motion to vacate, modify, or | ||
reconsider is filed, within 60 days of service of the | ||
order resolving the motion, if that order requires the | ||
Department to expunge or seal records. In the event of | ||
an appeal from the circuit court order, the Department | ||
shall send written notice to the petitioner of its | ||
compliance with an Appellate Court or Supreme Court | ||
judgment to expunge or seal records within 60 days of | ||
the issuance of the court's mandate. The notice is not | ||
required while any motion to vacate, modify, or | ||
reconsider, or any appeal or petition for | ||
discretionary appellate review, is pending. | ||
(10) Fees. The Department may charge the petitioner a | ||
fee equivalent to the cost of processing any order to | ||
expunge or seal records. Notwithstanding any provision of |
the Clerks of Courts Act to the contrary, the circuit court | ||
clerk may charge a fee equivalent to the cost associated | ||
with the sealing or expungement of records by the circuit | ||
court clerk. From the total filing fee collected for the | ||
petition to seal or expunge, the circuit court clerk shall | ||
deposit $10 into the Circuit Court Clerk Operation and | ||
Administrative Fund, to be used to offset the costs | ||
incurred by the circuit court clerk in performing the | ||
additional duties required to serve the petition to seal or | ||
expunge on all parties. The circuit court clerk shall | ||
collect and forward the Department of State Police portion | ||
of the fee to the Department and it shall be deposited in | ||
the State Police Services Fund. | ||
(11) Final Order. No court order issued under the | ||
expungement or sealing provisions of this Section shall | ||
become final for purposes of appeal until 30 days after | ||
service of the order on the petitioner and all parties | ||
entitled to notice of the petition. | ||
(12) Motion to Vacate, Modify, or Reconsider. Under | ||
Section 2-1203 of the Code of Civil Procedure, the | ||
petitioner or any party entitled to notice may file a | ||
motion to vacate, modify, or reconsider the order granting | ||
or denying the petition to expunge or seal within 60 days | ||
of service of the order. If filed more than 60 days after | ||
service of the order, a petition to vacate, modify, or | ||
reconsider shall comply with subsection (c) of Section |
2-1401 of the Code of Civil Procedure. Upon filing of a | ||
motion to vacate, modify, or reconsider, notice of the | ||
motion shall be served upon the petitioner and all parties | ||
entitled to notice of the petition. | ||
(13) Effect of Order. An order granting a petition | ||
under the expungement or sealing provisions of this Section | ||
shall not be considered void because it fails to comply | ||
with the provisions of this Section or because of any error | ||
asserted in a motion to vacate, modify, or reconsider. The | ||
circuit court retains jurisdiction to determine whether | ||
the order is voidable and to vacate, modify, or reconsider | ||
its terms based on a motion filed under paragraph (12) of | ||
this subsection (d). | ||
(14) Compliance with Order Granting Petition to Seal | ||
Records. Unless a court has entered a stay of an order | ||
granting a petition to seal, all parties entitled to notice | ||
of the petition must fully comply with the terms of the | ||
order within 60 days of service of the order even if a | ||
party is seeking relief from the order through a motion | ||
filed under paragraph (12) of this subsection (d) or is | ||
appealing the order. | ||
(15) Compliance with Order Granting Petition to | ||
Expunge Records. While a party is seeking relief from the | ||
order granting the petition to expunge through a motion | ||
filed under paragraph (12) of this subsection (d) or is | ||
appealing the order, and unless a court has entered a stay |
of that order, the parties entitled to notice of the | ||
petition must seal, but need not expunge, the records until | ||
there is a final order on the motion for relief or, in the | ||
case of an appeal, the issuance of that court's mandate. | ||
(16) The changes to this subsection (d) made by Public | ||
Act 98-163 apply to all petitions pending on August 5, 2013 | ||
(the effective date of Public Act 98-163) and to all orders | ||
ruling on a petition to expunge or seal on or after August | ||
5, 2013 (the effective date of Public Act 98-163). | ||
(e) Whenever a person who has been convicted of an offense | ||
is granted
a pardon by the Governor which specifically | ||
authorizes expungement, he or she may,
upon verified petition | ||
to the Chief Judge of the circuit where the person had
been | ||
convicted, any judge of the circuit designated by the Chief | ||
Judge, or in
counties of less than 3,000,000 inhabitants, the | ||
presiding trial judge at the
defendant's trial, have a court | ||
order entered expunging the record of
arrest from the official | ||
records of the arresting authority and order that the
records | ||
of the circuit court clerk and the Department be sealed until
| ||
further order of the court upon good cause shown or as | ||
otherwise provided
herein, and the name of the defendant | ||
obliterated from the official index
requested to be kept by the | ||
circuit court clerk under Section 16 of the Clerks
of Courts | ||
Act in connection with the arrest and conviction for the | ||
offense for
which he or she had been pardoned but the order | ||
shall not affect any index issued by
the circuit court clerk |
before the entry of the order. All records sealed by
the | ||
Department may be disseminated by the Department only to the | ||
arresting authority, the State's Attorney, and the court upon a | ||
later
arrest for the same or similar offense or for the purpose | ||
of sentencing for any
subsequent felony. Upon conviction for | ||
any subsequent offense, the Department
of Corrections shall | ||
have access to all sealed records of the Department
pertaining | ||
to that individual. Upon entry of the order of expungement, the
| ||
circuit court clerk shall promptly mail a copy of the order to | ||
the
person who was pardoned. | ||
(e-5) Whenever a person who has been convicted of an | ||
offense is granted a certificate of eligibility for sealing by | ||
the Prisoner Review Board which specifically authorizes | ||
sealing, he or she may, upon verified petition to the Chief | ||
Judge of the circuit where the person had been convicted, any | ||
judge of the circuit designated by the Chief Judge, or in | ||
counties of less than 3,000,000 inhabitants, the presiding | ||
trial judge at the petitioner's trial, have a court order | ||
entered sealing the record of arrest from the official records | ||
of the arresting authority and order that the records of the | ||
circuit court clerk and the Department be sealed until further | ||
order of the court upon good cause shown or as otherwise | ||
provided herein, and the name of the petitioner obliterated | ||
from the official index requested to be kept by the circuit | ||
court clerk under Section 16 of the Clerks of Courts Act in | ||
connection with the arrest and conviction for the offense for |
which he or she had been granted the certificate but the order | ||
shall not affect any index issued by the circuit court clerk | ||
before the entry of the order. All records sealed by the | ||
Department may be disseminated by the Department only as | ||
required by this Act or to the arresting authority, a law | ||
enforcement agency, the State's Attorney, and the court upon a | ||
later arrest for the same or similar offense or for the purpose | ||
of sentencing for any subsequent felony. Upon conviction for | ||
any subsequent offense, the Department of Corrections shall | ||
have access to all sealed records of the Department pertaining | ||
to that individual. Upon entry of the order of sealing, the | ||
circuit court clerk shall promptly mail a copy of the order to | ||
the person who was granted the certificate of eligibility for | ||
sealing. | ||
(e-6) Whenever a person who has been convicted of an | ||
offense is granted a certificate of eligibility for expungement | ||
by the Prisoner Review Board which specifically authorizes | ||
expungement, he or she may, upon verified petition to the Chief | ||
Judge of the circuit where the person had been convicted, any | ||
judge of the circuit designated by the Chief Judge, or in | ||
counties of less than 3,000,000 inhabitants, the presiding | ||
trial judge at the petitioner's trial, have a court order | ||
entered expunging the record of arrest from the official | ||
records of the arresting authority and order that the records | ||
of the circuit court clerk and the Department be sealed until | ||
further order of the court upon good cause shown or as |
otherwise provided herein, and the name of the petitioner | ||
obliterated from the official index requested to be kept by the | ||
circuit court clerk under Section 16 of the Clerks of Courts | ||
Act in connection with the arrest and conviction for the | ||
offense for which he or she had been granted the certificate | ||
but the order shall not affect any index issued by the circuit | ||
court clerk before the entry of the order. All records sealed | ||
by the Department may be disseminated by the Department only as | ||
required by this Act or to the arresting authority, a law | ||
enforcement agency, the State's Attorney, and the court upon a | ||
later arrest for the same or similar offense or for the purpose | ||
of sentencing for any subsequent felony. Upon conviction for | ||
any subsequent offense, the Department of Corrections shall | ||
have access to all expunged records of the Department | ||
pertaining to that individual. Upon entry of the order of | ||
expungement, the circuit court clerk shall promptly mail a copy | ||
of the order to the person who was granted the certificate of | ||
eligibility for expungement. | ||
(f) Subject to available funding, the Illinois Department
| ||
of Corrections shall conduct a study of the impact of sealing,
| ||
especially on employment and recidivism rates, utilizing a
| ||
random sample of those who apply for the sealing of their
| ||
criminal records under Public Act 93-211. At the request of the
| ||
Illinois Department of Corrections, records of the Illinois
| ||
Department of Employment Security shall be utilized as
| ||
appropriate to assist in the study. The study shall not
|
disclose any data in a manner that would allow the
| ||
identification of any particular individual or employing unit.
| ||
The study shall be made available to the General Assembly no
| ||
later than September 1, 2010.
| ||
(g) Immediate Sealing. | ||
(1) Applicability. Notwithstanding any other provision | ||
of this Act to the contrary, and cumulative with any rights | ||
to expungement or sealing of criminal records, this | ||
subsection authorizes the immediate sealing of criminal | ||
records of adults and of minors prosecuted as adults. | ||
(2) Eligible Records. Arrests or charges not initiated | ||
by arrest resulting in acquittal or dismissal with | ||
prejudice, except as excluded by subsection (a)(3)(B), | ||
that occur on or after January 1, 2018 ( the effective date | ||
of Public Act 100-282) this amendatory Act of the 100th | ||
General Assembly , may be sealed immediately if the petition | ||
is filed with the circuit court clerk on the same day and | ||
during the same hearing in which the case is disposed. | ||
(3) When Records are Eligible to be Immediately Sealed. | ||
Eligible records under paragraph (2) of this subsection (g) | ||
may be sealed immediately after entry of the final | ||
disposition of a case, notwithstanding the disposition of | ||
other charges in the same case. | ||
(4) Notice of Eligibility for Immediate Sealing. Upon | ||
entry of a disposition for an eligible record under this | ||
subsection (g), the defendant shall be informed by the |
court of his or her right to have eligible records | ||
immediately sealed and the procedure for the immediate | ||
sealing of these records. | ||
(5) Procedure. The following procedures apply to | ||
immediate sealing under this subsection (g). | ||
(A) Filing the Petition. Upon entry of the final | ||
disposition of the case, the defendant's attorney may | ||
immediately petition the court, on behalf of the | ||
defendant, for immediate sealing of eligible records | ||
under paragraph (2) of this subsection (g) that are | ||
entered on or after January 1, 2018 ( the effective date | ||
of Public Act 100-282) this amendatory Act of the 100th | ||
General Assembly . The immediate sealing petition may | ||
be filed with the circuit court clerk during the | ||
hearing in which the final disposition of the case is | ||
entered. If the defendant's attorney does not file the | ||
petition for immediate sealing during the hearing, the | ||
defendant may file a petition for sealing at any time | ||
as authorized under subsection (c)(3)(A). | ||
(B) Contents of Petition. The immediate sealing | ||
petition shall be verified and shall contain the | ||
petitioner's name, date of birth, current address, and | ||
for each eligible record, the case number, the date of | ||
arrest if applicable, the identity of the arresting | ||
authority if applicable, and other information as the | ||
court may require. |
(C) Drug Test. The petitioner shall not be required | ||
to attach proof that he or she has passed a drug test. | ||
(D) Service of Petition. A copy of the petition | ||
shall be served on the State's Attorney in open court. | ||
The petitioner shall not be required to serve a copy of | ||
the petition on any other agency. | ||
(E) Entry of Order. The presiding trial judge shall | ||
enter an order granting or denying the petition for | ||
immediate sealing during the hearing in which it is | ||
filed. Petitions for immediate sealing shall be ruled | ||
on in the same hearing in which the final disposition | ||
of the case is entered. | ||
(F) Hearings. The court shall hear the petition for | ||
immediate sealing on the same day and during the same | ||
hearing in which the disposition is rendered. | ||
(G) Service of Order. An order to immediately seal | ||
eligible records shall be served in conformance with | ||
subsection (d)(8). | ||
(H) Implementation of Order. An order to | ||
immediately seal records shall be implemented in | ||
conformance with subsections (d)(9)(C) and (d)(9)(D). | ||
(I) Fees. The fee imposed by the circuit court | ||
clerk and the Department of State Police shall comply | ||
with paragraph (1) of subsection (d) of this Section. | ||
(J) Final Order. No court order issued under this | ||
subsection (g) shall become final for purposes of |
appeal until 30 days after service of the order on the | ||
petitioner and all parties entitled to service of the | ||
order in conformance with subsection (d)(8). | ||
(K) Motion to Vacate, Modify, or Reconsider. Under | ||
Section 2-1203 of the Code of Civil Procedure, the | ||
petitioner, State's Attorney, or the Department of | ||
State Police may file a motion to vacate, modify, or | ||
reconsider the order denying the petition to | ||
immediately seal within 60 days of service of the | ||
order. If filed more than 60 days after service of the | ||
order, a petition to vacate, modify, or reconsider | ||
shall comply with subsection (c) of Section 2-1401 of | ||
the Code of Civil Procedure. | ||
(L) Effect of Order. An order granting an immediate | ||
sealing petition shall not be considered void because | ||
it fails to comply with the provisions of this Section | ||
or because of an error asserted in a motion to vacate, | ||
modify, or reconsider. The circuit court retains | ||
jurisdiction to determine whether the order is | ||
voidable, and to vacate, modify, or reconsider its | ||
terms based on a motion filed under subparagraph (L) of | ||
this subsection (g). | ||
(M) Compliance with Order Granting Petition to | ||
Seal Records. Unless a court has entered a stay of an | ||
order granting a petition to immediately seal, all | ||
parties entitled to service of the order must fully |
comply with the terms of the order within 60 days of | ||
service of the order. | ||
(Source: P.A. 99-78, eff. 7-20-15; 99-378, eff. 1-1-16; 99-385, | ||
eff. 1-1-16; 99-642, eff. 7-28-16; 99-697, eff. 7-29-16; | ||
99-881, eff. 1-1-17; 100-201, eff. 8-18-17; 100-282, eff. | ||
1-1-18; 100-284, eff. 8-24-17; 100-287, eff. 8-24-17; revised | ||
10-13-17.)
| ||
Section 100. The Department of Veterans' Affairs Act is | ||
amended by changing Section 20 as follows: | ||
(20 ILCS 2805/20)
| ||
(Section scheduled to be repealed on July 1, 2018) | ||
Sec. 20. Illinois Discharged Servicemember Task Force. The | ||
Illinois Discharged Servicemember Task Force is hereby created | ||
within the Department of Veterans' Affairs. The Task Force | ||
shall investigate the re-entry process for service members who | ||
return to civilian life after being engaged in an active | ||
theater. The investigation shall include the effects of | ||
post-traumatic stress disorder, homelessness, disabilities, | ||
and other issues the Task Force finds relevant to the re-entry | ||
process. For fiscal year 2012, the Task Force shall include the | ||
availability of prosthetics in its investigation. For fiscal | ||
year 2014, the Task Force shall include the needs of women | ||
veterans with respect to issues including, but not limited to, | ||
compensation, rehabilitation, outreach, health care, and |
issues facing women veterans in the community, and to offer | ||
recommendations on how best to alleviate these needs which | ||
shall be included in the Task Force Annual Report for 2014. The | ||
Task Force shall include the following members: | ||
(a) a representative of the Department of Veterans' | ||
Affairs, who shall chair the committee;
| ||
(b) a representative from the Department of Military | ||
Affairs;
| ||
(c) a representative from the Office of the Illinois | ||
Attorney General;
| ||
(d) a member of the General Assembly appointed by the | ||
Speaker of the House;
| ||
(e) a member of the General Assembly appointed by the | ||
House Minority Leader;
| ||
(f) a member of the General Assembly appointed by the | ||
President of the Senate;
| ||
(g) a member of the General Assembly appointed by the | ||
Senate Minority Leader;
| ||
(h) 4 members chosen by the Department of Veterans' | ||
Affairs, who shall represent statewide veterans' | ||
organizations or veterans' homeless shelters;
| ||
(i) one member appointed by the Lieutenant Governor; | ||
and
| ||
(j) a representative of the United States Department of | ||
Veterans Affairs shall be invited to participate.
| ||
Vacancies in the Task Force shall be filled by the initial |
appointing authority. Task Force members shall serve without | ||
compensation, but may be reimbursed for necessary expenses | ||
incurred in performing duties associated with the Task Force.
| ||
By July 1, 2008 and by July 1 of each year thereafter | ||
through July 1, 2017, the Task Force shall present an annual | ||
report of its findings to the Governor, the Attorney General, | ||
the Director of Veterans' Affairs, the Lieutenant Governor, and | ||
the Secretary of the United States Department of Veterans | ||
Affairs. As soon as is practicable after the Task Force | ||
presents its final report due by July 1, 2017, any information | ||
collected by the Task Force in carrying out its duties under | ||
this Section shall be transferred to the Illinois Veterans' | ||
Advisory Council.
| ||
The Task Force is dissolved, and this Section is repealed, | ||
on July 1, 2018. Veterans'
| ||
(Source: P.A. 100-10, eff. 6-30-17; 100-143, eff. 1-1-18; | ||
100-201, eff. 8-18-17; revised 9-28-17.) | ||
Section 105. The Illinois Emergency Management Agency Act | ||
is amended by changing Sections 5 and 7 as follows:
| ||
(20 ILCS 3305/5) (from Ch. 127, par. 1055)
| ||
Sec. 5. Illinois Emergency Management Agency.
| ||
(a) There is created within the executive branch of the | ||
State Government an
Illinois Emergency Management Agency and a | ||
Director of the Illinois Emergency
Management Agency, herein |
called the "Director" who shall be the head thereof.
The | ||
Director shall be appointed by the Governor, with the advice | ||
and consent of
the Senate, and shall serve for a term of 2 | ||
years beginning on the third Monday
in January of the | ||
odd-numbered year, and until a successor is appointed and
has | ||
qualified; except that the term of the first Director appointed | ||
under this
Act shall expire on the third Monday in January, | ||
1989. The Director shall not
hold any other remunerative public | ||
office. The Director shall receive an annual
salary as set by | ||
the
Compensation Review Board.
| ||
(b) The Illinois Emergency Management Agency shall obtain, | ||
under the
provisions of the Personnel Code, technical, | ||
clerical, stenographic and other
administrative personnel, and | ||
may make expenditures within the appropriation
therefor as may | ||
be necessary to carry out the purpose of this Act. The agency
| ||
created by this Act is intended to be a successor to the agency | ||
created under
the Illinois Emergency Services and Disaster | ||
Agency Act of 1975 and the
personnel, equipment, records, and | ||
appropriations of that agency are
transferred to the successor | ||
agency as of June 30, 1988 ( the effective date of this Act ) .
| ||
(c) The Director, subject to the direction and control of | ||
the Governor,
shall be the executive head of the Illinois | ||
Emergency Management Agency and
the State Emergency Response | ||
Commission and shall be responsible under the
direction of the | ||
Governor, for carrying out the program for emergency
management | ||
of this State. The Director shall also maintain liaison
and |
cooperate with
the emergency management organizations of this | ||
State and other states and of
the federal government.
| ||
(d) The Illinois Emergency Management Agency shall take an | ||
integral part in
the development and revision of political | ||
subdivision emergency operations
plans prepared under | ||
paragraph (f) of Section 10. To this end it shall employ
or | ||
otherwise secure the services of professional and technical | ||
personnel
capable of providing expert assistance to the | ||
emergency services and disaster
agencies. These personnel | ||
shall consult with emergency services and disaster
agencies on | ||
a regular basis and shall make field examinations of the areas,
| ||
circumstances, and conditions that particular political | ||
subdivision emergency
operations plans are intended to apply.
| ||
(e) The Illinois Emergency Management Agency and political | ||
subdivisions
shall be encouraged to form an emergency | ||
management advisory committee composed
of private and public | ||
personnel representing the emergency management phases of
| ||
mitigation, preparedness, response, and recovery.
The Local | ||
Emergency Planning Committee, as created under the Illinois
| ||
Emergency
Planning and Community Right to Know Act, shall serve | ||
as
an advisory
committee to the emergency services and disaster | ||
agency or agencies serving
within the boundaries
of that Local | ||
Emergency Planning Committee planning district for:
| ||
(1) the development of emergency operations plan | ||
provisions for hazardous
chemical
emergencies; and
| ||
(2) the assessment of emergency response capabilities |
related to hazardous
chemical
emergencies.
| ||
(f) The Illinois Emergency Management Agency shall:
| ||
(1) Coordinate the overall emergency management | ||
program of the State.
| ||
(2) Cooperate with local governments, the federal | ||
government and any
public or private agency or entity in | ||
achieving any purpose of this Act and
in implementing | ||
emergency management programs for mitigation, | ||
preparedness,
response, and recovery.
| ||
(2.5) Develop a comprehensive emergency preparedness | ||
and response plan for any nuclear
accident in accordance | ||
with Section 65 of the Department of Nuclear Safety
Law of | ||
2004 (20 ILCS 3310) and in development of the
Illinois
| ||
Nuclear Safety Preparedness program in accordance with | ||
Section 8 of the
Illinois Nuclear Safety Preparedness Act.
| ||
(2.6) Coordinate with the Department of Public Health
| ||
with respect to planning for and responding to public | ||
health emergencies.
| ||
(3) Prepare, for issuance by the Governor, executive | ||
orders,
proclamations, and regulations as necessary or | ||
appropriate in coping with
disasters.
| ||
(4) Promulgate rules and requirements for political | ||
subdivision
emergency operations plans that are not | ||
inconsistent with and are at least
as stringent as | ||
applicable federal laws and regulations.
| ||
(5) Review and approve, in accordance with Illinois |
Emergency Management
Agency rules, emergency operations
| ||
plans for those political subdivisions required to have an | ||
emergency services
and disaster agency pursuant to this | ||
Act.
| ||
(5.5) Promulgate rules and requirements for the | ||
political subdivision
emergency management
exercises, | ||
including, but not limited to, exercises of the emergency | ||
operations
plans.
| ||
(5.10) Review, evaluate, and approve, in accordance | ||
with Illinois
Emergency
Management
Agency rules, political | ||
subdivision emergency management exercises for those
| ||
political subdivisions
required to have an emergency | ||
services and disaster agency pursuant to this
Act.
| ||
(6) Determine requirements of the State and its | ||
political
subdivisions
for food, clothing, and other | ||
necessities in event of a disaster.
| ||
(7) Establish a register of persons with types of | ||
emergency
management
training and skills in mitigation, | ||
preparedness, response, and recovery.
| ||
(8) Establish a register of government and private | ||
response
resources
available for use in a disaster.
| ||
(9) Expand the Earthquake Awareness Program and its | ||
efforts to
distribute earthquake preparedness materials to | ||
schools, political
subdivisions, community groups, civic | ||
organizations, and the media.
Emphasis will be placed on | ||
those areas of the State most at risk from an
earthquake. |
Maintain the list of all school districts, hospitals,
| ||
airports, power plants, including nuclear power plants, | ||
lakes, dams,
emergency response facilities of all types, | ||
and all other major public or
private structures which are | ||
at the greatest risk of damage from
earthquakes under | ||
circumstances where the damage would cause subsequent
harm | ||
to the surrounding communities and residents.
| ||
(10) Disseminate all information, completely and | ||
without
delay, on water
levels for rivers and streams and | ||
any other data pertaining to potential
flooding supplied by | ||
the Division of Water Resources within the Department of
| ||
Natural Resources to all political subdivisions to the | ||
maximum extent possible.
| ||
(11) Develop agreements, if feasible, with medical | ||
supply and
equipment
firms to
supply resources as are | ||
necessary to respond to an earthquake or any other
disaster | ||
as defined in this Act. These resources will be made | ||
available
upon notifying the vendor of the disaster. | ||
Payment for the resources will
be in accordance with | ||
Section 7 of this Act. The Illinois Department of
Public | ||
Health shall determine which resources will be required and | ||
requested.
| ||
(11.5) In coordination with the Department of State | ||
Police, develop and
implement a community outreach program | ||
to promote awareness among the State's
parents and children | ||
of child abduction prevention and response.
|
(12) Out of funds appropriated for these purposes, | ||
award capital and
non-capital grants to Illinois hospitals | ||
or health care facilities located
outside of a city with a | ||
population in excess of 1,000,000 to be used for
purposes | ||
that include, but are not limited to, preparing to respond | ||
to mass
casualties and disasters, maintaining and | ||
improving patient safety and
quality of care, and | ||
protecting the confidentiality of patient information.
No | ||
single grant for a capital expenditure shall exceed | ||
$300,000.
No single grant for a non-capital expenditure | ||
shall exceed $100,000.
In awarding such grants, preference | ||
shall be given to hospitals that serve
a significant number | ||
of Medicaid recipients, but do not qualify for
| ||
disproportionate share hospital adjustment payments under | ||
the Illinois Public
Aid Code. To receive such a grant, a | ||
hospital or health care facility must
provide funding of at | ||
least 50% of the cost of the project for which the grant
is | ||
being requested.
In awarding such grants the Illinois | ||
Emergency Management Agency shall consider
the | ||
recommendations of the Illinois Hospital Association.
| ||
(13) Do all other things necessary, incidental or | ||
appropriate
for the implementation of this Act.
| ||
(g) The Illinois Emergency Management Agency is authorized | ||
to make grants to various higher education institutions, public | ||
K-12 school districts, area vocational centers as designated by | ||
the State Board of Education, inter-district special education |
cooperatives, regional safe schools, and nonpublic K-12 | ||
schools for safety and security improvements. For the purpose | ||
of this subsection (g), "higher education institution" means a | ||
public university, a public community college, or an | ||
independent, not-for-profit or for-profit higher education | ||
institution located in this State. Grants made under this | ||
subsection (g) shall be paid out of moneys appropriated for | ||
that purpose from the Build Illinois Bond Fund. The Illinois | ||
Emergency Management Agency shall adopt rules to implement this | ||
subsection (g). These rules may specify: (i) the manner of | ||
applying for grants; (ii) project eligibility requirements; | ||
(iii) restrictions on the use of grant moneys; (iv) the manner | ||
in which the various higher education institutions must account | ||
for the use of grant moneys; and (v) any other provision that | ||
the Illinois Emergency Management Agency determines to be | ||
necessary or useful for the administration of this subsection | ||
(g). | ||
(g-5) The Illinois Emergency Management Agency is | ||
authorized to make grants to not-for-profit organizations | ||
which are exempt from federal income taxation under section | ||
501(c)(3) of the Federal Internal Revenue Code for eligible | ||
security improvements that assist the organization in | ||
preventing, preparing for, or responding to acts of terrorism. | ||
The Director shall establish procedures and forms by which | ||
applicants may apply for a grant , and procedures for | ||
distributing grants to recipients. The procedures shall |
require each applicant to do the following: | ||
(1) identify and substantiate prior threats or attacks | ||
by a terrorist organization, network, or cell against the | ||
not-for-profit organization; | ||
(2) indicate the symbolic or strategic value of one or | ||
more sites that renders the site a possible target of | ||
terrorism; | ||
(3) discuss potential consequences to the organization | ||
if the site is damaged, destroyed, or disrupted by a | ||
terrorist act; | ||
(4) describe how the grant will be used to integrate | ||
organizational preparedness with broader State and local | ||
preparedness efforts; | ||
(5) submit a vulnerability assessment conducted by | ||
experienced security, law enforcement, or military | ||
personnel, and a description of how the grant award will be | ||
used to address the vulnerabilities identified in the | ||
assessment; and | ||
(6) submit any other relevant information as may be | ||
required by the Director. | ||
The Agency is authorized to use funds appropriated for the | ||
grant program described in this subsection (g-5) to administer | ||
the program. | ||
(h) Except as provided in Section 17.5 of this Act, any | ||
moneys received by the Agency from donations or sponsorships | ||
shall be deposited in the Emergency Planning and Training Fund |
and used by the Agency, subject to appropriation, to effectuate | ||
planning and training activities. | ||
(i) The Illinois Emergency Management Agency may by rule | ||
assess and collect reasonable fees for attendance at | ||
Agency-sponsored conferences to enable the Agency to carry out | ||
the requirements of this Act. Any moneys received under this | ||
subsection shall be deposited in the Emergency Planning and | ||
Training Fund and used by the Agency, subject to appropriation, | ||
for planning and training activities. | ||
(Source: P.A. 100-444, eff. 1-1-18; 100-508, eff. 9-15-17; | ||
revised 9-28-17.)
| ||
(20 ILCS 3305/7) (from Ch. 127, par. 1057)
| ||
Sec. 7. Emergency Powers of the Governor. (a) In the event
| ||
of a disaster, as defined in Section 4, the Governor may, by | ||
proclamation
declare that a disaster exists. Upon such | ||
proclamation,
the Governor shall have and may exercise for a | ||
period not to exceed 30
days the following emergency powers; | ||
provided, however, that the lapse of
the emergency powers shall | ||
not, as regards any act or acts occurring or
committed within | ||
the 30-day 30 days period, deprive any person, firm, | ||
corporation,
political subdivision, or body politic of any | ||
right or rights
to compensation or reimbursement which he, she, | ||
it, or they may have under the
provisions of this Act:
| ||
(1) To suspend the provisions of any regulatory statute | ||
prescribing
procedures for conduct of State business, or |
the orders, rules and regulations
of any State agency, if | ||
strict compliance with the provisions of any statute,
| ||
order, rule, or regulation would in any way prevent, hinder | ||
or delay necessary
action, including emergency purchases, | ||
by the Illinois Emergency Management
Agency, in coping with | ||
the disaster.
| ||
(2) To utilize all available resources of the State | ||
government as
reasonably necessary to cope with the | ||
disaster and of each political
subdivision of the State.
| ||
(3) To transfer the direction, personnel or functions | ||
of State
departments and agencies or units thereof for the | ||
purpose of performing or
facilitating disaster response | ||
and recovery programs.
| ||
(4) On behalf of this State to take possession of, and | ||
to acquire
full title or a lesser specified interest in, | ||
any personal property as may be
necessary to accomplish the | ||
objectives set forth in Section 2 of this Act,
including: | ||
airplanes, automobiles, trucks, trailers, buses, and other | ||
vehicles;
coal, oils, gasoline, and other fuels and means | ||
of propulsion; explosives,
materials, equipment, and | ||
supplies; animals and livestock; feed and seed; food and | ||
provisions
for humans and animals; clothing and bedding; | ||
and
medicines and medical and surgical
supplies; and to | ||
take possession of and for a limited period occupy and use | ||
any
real estate necessary to accomplish those objectives; | ||
but only upon the
undertaking by the State to pay just |
compensation therefor as in this Act
provided, and then | ||
only under the following provisions:
| ||
a. The Governor, or the person or persons as the | ||
Governor may
authorize so to do, may forthwith take | ||
possession of
property for and on behalf of the State; | ||
provided, however,
that the Governor or persons shall | ||
simultaneously with
the taking, deliver to the owner or | ||
his or her agent, if the identity
of the owner or | ||
agency is known or readily ascertainable, a signed
| ||
statement in writing, that shall include the name
and | ||
address of the owner, the date and place of the taking,
| ||
description of the property sufficient to identify it, | ||
a
statement of interest in the property that is being | ||
so taken,
and, if possible, a statement in writing, | ||
signed by the
owner, setting forth the sum that he or | ||
she is willing to accept
as just compensation for the | ||
property or use. Whether or
not the owner or agent is | ||
known or readily ascertainable, a
true copy of the | ||
statement shall promptly be filed by the
Governor or | ||
the person with the Director, who shall keep
the docket | ||
of the statements. In cases where the sum that
the | ||
owner is willing to accept as just compensation is less
| ||
than $1,000, copies of the statements shall also be | ||
filed
by the Director with, and shall be passed upon by | ||
an
Emergency Management Claims Commission,
consisting | ||
of 3 disinterested citizens who shall be appointed
by |
the Governor, by and with the advice and consent of the
| ||
Senate, within 20 days after the Governor's | ||
declaration of a
disaster, and if the sum fixed by them | ||
as just
compensation be less than $1,000 and is | ||
accepted in writing
by the owner, then the State | ||
Treasurer out of funds
appropriated for these | ||
purposes, shall, upon certification thereof
by the | ||
Emergency Management Claims
Commission, cause the sum | ||
so certified forthwith to be paid
to the owner. The | ||
Emergency Management
Claims Commission is hereby given | ||
the power to issue
appropriate subpoenas and to | ||
administer oaths to witnesses and shall
keep | ||
appropriate minutes and other records of its actions | ||
upon
and the disposition made of all claims.
| ||
b. When the compensation to be paid for the taking | ||
or use of property
or interest therein is not or cannot | ||
be determined
and paid under item a of this paragraph | ||
(4) (a) above , a petition in the name of The People
of | ||
the State of Illinois shall be promptly filed by the | ||
Director,
which filing may be enforced by mandamus, in | ||
the
circuit court of the county where the
property or | ||
any part thereof was located when initially taken
or | ||
used under the provisions of this Act praying that the | ||
amount
of compensation to be paid to the person or | ||
persons interested
therein be fixed and determined. | ||
The petition shall include
a description of the |
property that has been taken, shall state the
physical | ||
condition of the property when taken, shall name
as | ||
defendants all interested parties, shall set forth the
| ||
sum of money estimated to be just compensation for the | ||
property
or interest therein taken or used, and shall | ||
be signed by the
Director. The litigation shall be | ||
handled by the Attorney
General for and on behalf of | ||
the State.
| ||
c. Just compensation for the taking or use of | ||
property or
interest therein shall be promptly | ||
ascertained in
proceedings and established by judgment | ||
against the State, that shall
include, as part of the | ||
just compensation so awarded, interest
at the rate of | ||
6% per annum on the fair market value of the
property | ||
or interest therein from the date of the taking or
use | ||
to the date of the judgment; and the court may order | ||
the
payment of delinquent taxes and special | ||
assessments out of
the amount so awarded as just | ||
compensation and may make
any other orders with respect | ||
to encumbrances, rents,
insurance, and other charges, | ||
if any, as shall be just and equitable.
| ||
(5) When required by the exigencies of the disaster, to
| ||
sell, lend, rent, give, or distribute all or any part of | ||
property so or
otherwise
acquired to the inhabitants of | ||
this State, or to political subdivisions of this
State, or, | ||
under the interstate mutual aid agreements or compacts as |
are
entered into under the provisions of subparagraph (5) | ||
of paragraph (c) of
Section 6 to other states, and
to | ||
account for and transmit to the State Treasurer all funds, | ||
if any, received
therefor.
| ||
(6) To recommend the evacuation of all or part of the | ||
population
from any stricken or threatened area within the | ||
State if the Governor deems this action
necessary.
| ||
(7) To prescribe routes, modes of transportation, and | ||
destinations in
connection with evacuation.
| ||
(8) To control ingress and egress to and from a | ||
disaster area, the
movement of persons within the area, and | ||
the occupancy of premises therein.
| ||
(9) To suspend or limit the sale, dispensing, or | ||
transportation of
alcoholic beverages, firearms, | ||
explosives, and combustibles.
| ||
(10) To make provision for the availability and use of | ||
temporary
emergency housing.
| ||
(11) A proclamation of a disaster
shall activate the | ||
State Emergency Operations Plan, and political
subdivision | ||
emergency operations plans applicable to the political
| ||
subdivision or area in question and be authority for the | ||
deployment and use of
any forces that the plan or plans | ||
apply and for use or
distribution of any
supplies, | ||
equipment, and materials and facilities assembled, | ||
stockpiled or
arranged to be made available under this Act | ||
or any other provision
of law relating to disasters.
|
(12) Control, restrict, and regulate by rationing, | ||
freezing, use of
quotas, prohibitions on shipments, price | ||
fixing, allocation or other means, the
use, sale or | ||
distribution of food, feed, fuel, clothing and other | ||
commodities,
materials, goods, or services; and perform | ||
and exercise any other functions,
powers, and duties as may
| ||
be necessary to promote and secure the safety and | ||
protection of the civilian population.
| ||
(13) During the continuance of any disaster the
| ||
Governor is commander-in-chief of the organized and | ||
unorganized militia and of
all other forces available for | ||
emergency duty. To the greatest extent practicable,
the | ||
Governor shall delegate or assign command authority to do | ||
so by orders
issued at the time of the disaster.
| ||
(14) Prohibit increases in the prices of goods and | ||
services during a
disaster.
| ||
(Source: P.A. 92-73, eff. 1-1-02; revised 9-28-17.)
| ||
Section 110. The State Historical Library Act is amended by | ||
changing Section 5.1 as follows:
| ||
(20 ILCS 3425/5.1) (from Ch. 128, par. 16.1)
| ||
Sec. 5.1.
The State Historian shall establish and supervise | ||
a program within
the Abraham Lincoln Presidential Library and | ||
Museum designed
to preserve as historical
records selected past | ||
editions of newspapers of this State. Such editions
shall be |
preserved in accordance with industry standards and shall be | ||
stored in a place provided by the Abraham Lincoln Presidential | ||
Library and Museum and other materials shall be stored in a | ||
place provided by the Abraham Lincoln Presidential Library and | ||
Museum.
| ||
The State Historian shall determine on the basis of | ||
historical value the
various newspaper edition files which | ||
shall be preserved preservation . The State Historian or his or | ||
her designee shall
supervise the making of arrangements for | ||
acquiring access to past edition
files with the editors or | ||
publishers of the various newspapers.
| ||
Upon payment to the Abraham Lincoln Presidential Library | ||
and Museum of the required
fee, any person or organization | ||
shall be granted access to the preserved editions of edition | ||
newspapers and all records. The fee required
shall be | ||
determined by the State Historian and shall be equal in amount | ||
to
the cost incurred by the Abraham Lincoln Presidential | ||
Library
and Museum in granting such access.
| ||
(Source: P.A. 100-120, eff. 8-18-17; 100-164, eff. 8-18-17; | ||
revised 9-28-17.)
| ||
Section 115. The Old State Capitol Act is amended by | ||
changing Section 1 as follows:
| ||
(20 ILCS 3430/1) (from Ch. 123, par. 52)
| ||
Sec. 1.
As used in this Act : ,
|
(a) "Old State Capitol Complex" means the Old State Capitol
| ||
reconstructed under the "1961 Act" in Springfield and includes | ||
space also
occupied
by the Abraham Lincoln Presidential Library | ||
and Museum and an underground parking garage . ;
| ||
(b) "1961 Act" means "An Act providing for the | ||
reconstruction and
restoration of the old State Capitol at | ||
Springfield and providing for the
custody thereof", approved | ||
August 24, 1961, as amended . ;
| ||
(c) "Board of Trustees" means the Board of Trustees of the | ||
Historic
Preservation Agency.
| ||
(Source: P.A. 100-120, eff. 8-18-17; revised 9-28-17.)
| ||
Section 120. The Abraham Lincoln Presidential Library and | ||
Museum Act is amended by changing Section 20 as follows: | ||
(20 ILCS 3475/20)
| ||
Sec. 20. Composition of the Board. The Board of Trustees | ||
shall consist of 11 members to be appointed by the Governor, | ||
with the advice and consent of the Senate. The Board shall | ||
consist of members with the following qualifications: | ||
(1) One member shall have recognized knowledge and | ||
ability in matters related to business administration. | ||
(2) One member shall have recognized knowledge and | ||
ability in matters related to the history of Abraham | ||
Lincoln. | ||
(3) One member shall have recognized knowledge and |
ability in matters related to the history of Illinois. | ||
(4) One member shall have recognized knowledge and | ||
ability in matters related to library and museum studies. | ||
(5) One member shall have recognized knowledge and | ||
ability in matters related to historic preservation. | ||
(6) One member shall have recognized knowledge and | ||
ability in matters related to cultural tourism. | ||
(7) One member shall have recognized knowledge and | ||
ability in matters related to conservation, digitization, | ||
and technological innovation. | ||
The initial terms of office shall be designated by the | ||
Governor as follows: one member to serve for a term of one | ||
year, 2 members to serve for a term of 2 years, 2 members to | ||
serve for a term of 3 years, 2 members to serve for a term of 4 | ||
years, 2 members to serve for a term of 5 years, and 2 members | ||
to serve for a term of 6 years. Thereafter, all appointments | ||
shall be for a term of 6 years. The Governor shall appoint one | ||
of the members to serve as chairperson at the pleasure of the | ||
Governor. | ||
The members of the Board shall serve without compensation | ||
but shall be entitled to reimbursement for all necessary | ||
expenses incurred in the performance of their official duties | ||
as members of the Board from funds appropriated for that | ||
purpose. | ||
To facilitate communication and cooperation between the | ||
Agency and the Abraham Lincoln Presidential Library |
Foundation, the Foundation CEO shall serve as a non-voting, ex | ||
officio ex-officio member of the Board.
| ||
(Source: P.A. 100-120, eff. 8-18-17; revised 9-28-17.) | ||
Section 125. The Illinois Power Agency Act is amended by | ||
changing Sections 1-60 and 1-75 as follows: | ||
(20 ILCS 3855/1-60)
| ||
Sec. 1-60. Moneys made available by private or public | ||
entities. (a) The Agency may apply for, receive, expend, | ||
allocate, or disburse funds and moneys made available by public | ||
or private entities, including, but not limited to, contracts, | ||
private or public financial gifts, bequests, grants, or | ||
donations from individuals, corporations, foundations, or | ||
public or private institutions of higher learning. All funds | ||
received by the Agency from these sources shall be deposited: | ||
(1) into the Illinois Power Agency Operations Fund, if | ||
for general Agency operations, to be held by the State | ||
Treasurer as ex officio custodian, and subject to the | ||
Comptroller-Treasurer, voucher-warrant system; or | ||
(2) into the Illinois Power Agency Facilities Fund, if | ||
for costs incurred in connection with the development and | ||
construction of a facility by the Agency, to be held by the | ||
State Treasurer as ex officio custodian, and subject to the | ||
Comptroller-Treasurer, voucher-warrant system. | ||
Any funds received, expended, allocated, or disbursed |
shall be expended by the Agency for the purposes as indicated | ||
by the grantor, donor, or, in the case of funds or moneys given | ||
or donated for no specific purposes, for any purpose deemed | ||
appropriate by the Director in administering the | ||
responsibilities of the Agency as set forth in this Act.
| ||
(Source: P.A. 95-481, eff. 8-28-07; revised 9-25-17.) | ||
(20 ILCS 3855/1-75) | ||
Sec. 1-75. Planning and Procurement Bureau. The Planning | ||
and Procurement Bureau has the following duties and | ||
responsibilities: | ||
(a) The Planning and Procurement Bureau shall each year, | ||
beginning in 2008, develop procurement plans and conduct | ||
competitive procurement processes in accordance with the | ||
requirements of Section 16-111.5 of the Public Utilities Act | ||
for the eligible retail customers of electric utilities that on | ||
December 31, 2005 provided electric service to at least 100,000 | ||
customers in Illinois. Beginning with the delivery year | ||
commencing on June 1, 2017, the Planning and Procurement Bureau | ||
shall develop plans and processes for the procurement of zero | ||
emission credits from zero emission facilities in accordance | ||
with the requirements of subsection (d-5) of this Section. The | ||
Planning and Procurement Bureau shall also develop procurement | ||
plans and conduct competitive procurement processes in | ||
accordance with the requirements of Section 16-111.5 of the | ||
Public Utilities Act for the eligible retail customers of small |
multi-jurisdictional electric utilities that (i) on December | ||
31, 2005 served less than 100,000 customers in Illinois and | ||
(ii) request a procurement plan for their Illinois | ||
jurisdictional load. This Section shall not apply to a small | ||
multi-jurisdictional utility until such time as a small | ||
multi-jurisdictional utility requests the Agency to prepare a | ||
procurement plan for their Illinois jurisdictional load. For | ||
the purposes of this Section, the term "eligible retail | ||
customers" has the same definition as found in Section | ||
16-111.5(a) of the Public Utilities Act. | ||
Beginning with the plan or plans to be implemented in the | ||
2017 delivery year, the Agency shall no longer include the | ||
procurement of renewable energy resources in the annual | ||
procurement plans required by this subsection (a), except as | ||
provided in subsection (q) of Section 16-111.5 of the Public | ||
Utilities Act, and shall instead develop a long-term renewable | ||
resources procurement plan in accordance with subsection (c) of | ||
this Section and Section 16-111.5 of the Public Utilities Act. | ||
(1) The Agency shall each year, beginning in 2008, as | ||
needed, issue a request for qualifications for experts or | ||
expert consulting firms to develop the procurement plans in | ||
accordance with Section 16-111.5 of the Public Utilities | ||
Act. In order to qualify an expert or expert consulting | ||
firm must have: | ||
(A) direct previous experience assembling | ||
large-scale power supply plans or portfolios for |
end-use customers; | ||
(B) an advanced degree in economics, mathematics, | ||
engineering, risk management, or a related area of | ||
study; | ||
(C) 10 years of experience in the electricity | ||
sector, including managing supply risk; | ||
(D) expertise in wholesale electricity market | ||
rules, including those established by the Federal | ||
Energy Regulatory Commission and regional transmission | ||
organizations; | ||
(E) expertise in credit protocols and familiarity | ||
with contract protocols; | ||
(F) adequate resources to perform and fulfill the | ||
required functions and responsibilities; and | ||
(G) the absence of a conflict of interest and | ||
inappropriate bias for or against potential bidders or | ||
the affected electric utilities. | ||
(2) The Agency shall each year, as needed, issue a | ||
request for qualifications for a procurement administrator | ||
to conduct the competitive procurement processes in | ||
accordance with Section 16-111.5 of the Public Utilities | ||
Act. In order to qualify an expert or expert consulting | ||
firm must have: | ||
(A) direct previous experience administering a | ||
large-scale competitive procurement process; | ||
(B) an advanced degree in economics, mathematics, |
engineering, or a related area of study; | ||
(C) 10 years of experience in the electricity | ||
sector, including risk management experience; | ||
(D) expertise in wholesale electricity market | ||
rules, including those established by the Federal | ||
Energy Regulatory Commission and regional transmission | ||
organizations; | ||
(E) expertise in credit and contract protocols; | ||
(F) adequate resources to perform and fulfill the | ||
required functions and responsibilities; and | ||
(G) the absence of a conflict of interest and | ||
inappropriate bias for or against potential bidders or | ||
the affected electric utilities. | ||
(3) The Agency shall provide affected utilities and | ||
other interested parties with the lists of qualified | ||
experts or expert consulting firms identified through the | ||
request for qualifications processes that are under | ||
consideration to develop the procurement plans and to serve | ||
as the procurement administrator. The Agency shall also | ||
provide each qualified expert's or expert consulting | ||
firm's response to the request for qualifications. All | ||
information provided under this subparagraph shall also be | ||
provided to the Commission. The Agency may provide by rule | ||
for fees associated with supplying the information to | ||
utilities and other interested parties. These parties | ||
shall, within 5 business days, notify the Agency in writing |
if they object to any experts or expert consulting firms on | ||
the lists. Objections shall be based on: | ||
(A) failure to satisfy qualification criteria; | ||
(B) identification of a conflict of interest; or | ||
(C) evidence of inappropriate bias for or against | ||
potential bidders or the affected utilities. | ||
The Agency shall remove experts or expert consulting | ||
firms from the lists within 10 days if there is a | ||
reasonable basis for an objection and provide the updated | ||
lists to the affected utilities and other interested | ||
parties. If the Agency fails to remove an expert or expert | ||
consulting firm from a list, an objecting party may seek | ||
review by the Commission within 5 days thereafter by filing | ||
a petition, and the Commission shall render a ruling on the | ||
petition within 10 days. There is no right of appeal of the | ||
Commission's ruling. | ||
(4) The Agency shall issue requests for proposals to | ||
the qualified experts or expert consulting firms to develop | ||
a procurement plan for the affected utilities and to serve | ||
as procurement administrator. | ||
(5) The Agency shall select an expert or expert | ||
consulting firm to develop procurement plans based on the | ||
proposals submitted and shall award contracts of up to 5 | ||
years to those selected. | ||
(6) The Agency shall select an expert or expert | ||
consulting firm, with approval of the Commission, to serve |
as procurement administrator based on the proposals | ||
submitted. If the Commission rejects, within 5 days, the | ||
Agency's selection, the Agency shall submit another | ||
recommendation within 3 days based on the proposals | ||
submitted. The Agency shall award a 5-year contract to the | ||
expert or expert consulting firm so selected with | ||
Commission approval. | ||
(b) The experts or expert consulting firms retained by the | ||
Agency shall, as appropriate, prepare procurement plans, and | ||
conduct a competitive procurement process as prescribed in | ||
Section 16-111.5 of the Public Utilities Act, to ensure | ||
adequate, reliable, affordable, efficient, and environmentally | ||
sustainable electric service at the lowest total cost over | ||
time, taking into account any benefits of price stability, for | ||
eligible retail customers of electric utilities that on | ||
December 31, 2005 provided electric service to at least 100,000 | ||
customers in the State of Illinois, and for eligible Illinois | ||
retail customers of small multi-jurisdictional electric | ||
utilities that (i) on December 31, 2005 served less than | ||
100,000 customers in Illinois and (ii) request a procurement | ||
plan for their Illinois jurisdictional load. | ||
(c) Renewable portfolio standard. | ||
(1)(A) The Agency shall develop a long-term renewable | ||
resources procurement plan that shall include procurement | ||
programs and competitive procurement events necessary to | ||
meet the goals set forth in this subsection (c). The |
initial long-term renewable resources procurement plan | ||
shall be released for comment no later than 160 days after | ||
June 1, 2017 ( the effective date of Public Act 99-906) this | ||
amendatory Act of the 99th General Assembly . The Agency | ||
shall review, and may revise on an expedited basis, the | ||
long-term renewable resources procurement plan at least | ||
every 2 years, which shall be conducted in conjunction with | ||
the procurement plan under Section 16-111.5 of the Public | ||
Utilities Act to the extent practicable to minimize | ||
administrative expense. The long-term renewable resources | ||
procurement plans shall be subject to review and approval | ||
by the Commission under Section 16-111.5 of the Public | ||
Utilities Act. | ||
(B) Subject to subparagraph (F) of this paragraph (1), | ||
the long-term renewable resources procurement plan shall | ||
include the goals for procurement of renewable energy | ||
credits to meet at least the following overall percentages: | ||
13% by the 2017 delivery year; increasing by at least 1.5% | ||
each delivery year thereafter to at least 25% by the 2025 | ||
delivery year; and continuing at no less than 25% for each | ||
delivery year thereafter. In the event of a conflict | ||
between these goals and the new wind and new photovoltaic | ||
procurement requirements described in items (i) through | ||
(iii) of subparagraph (C) of this paragraph (1), the | ||
long-term plan shall prioritize compliance with the new | ||
wind and new photovoltaic procurement requirements |
described in items (i) through (iii) of subparagraph (C) of | ||
this paragraph (1) over the annual percentage targets | ||
described in this subparagraph (B). | ||
For the delivery year beginning June 1, 2017, the | ||
procurement plan shall include cost-effective renewable | ||
energy resources equal to at least 13% of each utility's | ||
load for eligible retail customers and 13% of the | ||
applicable portion of each utility's load for retail | ||
customers who are not eligible retail customers, which | ||
applicable portion shall equal 50% of the utility's load | ||
for retail customers who are not eligible retail customers | ||
on February 28, 2017. | ||
For the delivery year beginning June 1, 2018, the | ||
procurement plan shall include cost-effective renewable | ||
energy resources equal to at least 14.5% of each utility's | ||
load for eligible retail customers and 14.5% of the | ||
applicable portion of each utility's load for retail | ||
customers who are not eligible retail customers, which | ||
applicable portion shall equal 75% of the utility's load | ||
for retail customers who are not eligible retail customers | ||
on February 28, 2017. | ||
For the delivery year beginning June 1, 2019, and for | ||
each year thereafter, the procurement plans shall include | ||
cost-effective renewable energy resources equal to a | ||
minimum percentage of each utility's load for all retail | ||
customers as follows: 16% by June 1, 2019; increasing by |
1.5% each year thereafter to 25% by June 1, 2025; and 25% | ||
by June 1, 2026 and each year thereafter. | ||
For each delivery year, the Agency shall first | ||
recognize each utility's obligations for that delivery | ||
year under existing contracts. Any renewable energy | ||
credits under existing contracts, including renewable | ||
energy credits as part of renewable energy resources, shall | ||
be used to meet the goals set forth in this subsection (c) | ||
for the delivery year. | ||
(C) Of the renewable energy credits procured under this | ||
subsection (c), at least 75% shall come from wind and | ||
photovoltaic projects. The long-term renewable resources | ||
procurement plan described in subparagraph (A) of this | ||
paragraph (1) shall include the procurement of renewable | ||
energy credits in amounts equal to at least the following: | ||
(i) By the end of the 2020 delivery year: | ||
At least 2,000,000 renewable energy credits | ||
for each delivery year shall come from new wind | ||
projects; and | ||
At least 2,000,000 renewable energy credits | ||
for each delivery year shall come from new | ||
photovoltaic projects; of that amount, to the | ||
extent possible, the Agency shall procure: at | ||
least 50% from solar photovoltaic projects using | ||
the program outlined in subparagraph (K) of this | ||
paragraph (1) from distributed renewable energy |
generation devices or community renewable | ||
generation projects; at least 40% from | ||
utility-scale solar projects; at least 2% from | ||
brownfield site photovoltaic projects that are not | ||
community renewable generation projects; and the | ||
remainder shall be determined through the | ||
long-term planning process described in | ||
subparagraph (A) of this paragraph (1). | ||
(ii) By the end of the 2025 delivery year: | ||
At least 3,000,000 renewable energy credits | ||
for each delivery year shall come from new wind | ||
projects; and | ||
At least 3,000,000 renewable energy credits | ||
for each delivery year shall come from new | ||
photovoltaic projects; of that amount, to the | ||
extent possible, the Agency shall procure: at | ||
least 50% from solar photovoltaic projects using | ||
the program outlined in subparagraph (K) of this | ||
paragraph (1) from distributed renewable energy | ||
devices or community renewable generation | ||
projects; at least 40% from utility-scale solar | ||
projects; at least 2% from brownfield site | ||
photovoltaic projects that are not community | ||
renewable generation projects; and the remainder | ||
shall be determined through the long-term planning | ||
process described in subparagraph (A) of this |
paragraph (1). | ||
(iii) By the end of the 2030 delivery year: | ||
At least 4,000,000 renewable energy credits | ||
for each delivery year shall come from new wind | ||
projects; and | ||
At least 4,000,000 renewable energy credits | ||
for each delivery year shall come from new | ||
photovoltaic projects; of that amount, to the | ||
extent possible, the Agency shall procure: at | ||
least 50% from solar photovoltaic projects using | ||
the program outlined in subparagraph (K) of this | ||
paragraph (1) from distributed renewable energy | ||
devices or community renewable generation | ||
projects; at least 40% from utility-scale solar | ||
projects; at least 2% from brownfield site | ||
photovoltaic projects that are not community | ||
renewable generation projects; and the remainder | ||
shall be determined through the long-term planning | ||
process described in subparagraph (A) of this | ||
paragraph (1). | ||
For purposes of this Section: | ||
"New wind projects" means wind renewable | ||
energy facilities that are energized after June 1, | ||
2017 for the delivery year commencing June 1, 2017 | ||
or within 3 years after the date the Commission | ||
approves contracts for subsequent delivery years. |
"New photovoltaic projects" means photovoltaic | ||
renewable energy facilities that are energized | ||
after June 1, 2017. Photovoltaic projects | ||
developed under Section 1-56 of this Act shall not | ||
apply towards the new photovoltaic project | ||
requirements in this subparagraph (C). | ||
(D) Renewable energy credits shall be cost effective. | ||
For purposes of this subsection (c), "cost effective" means | ||
that the costs of procuring renewable energy resources do | ||
not cause the limit stated in subparagraph (E) of this | ||
paragraph (1) to be exceeded and, for renewable energy | ||
credits procured through a competitive procurement event, | ||
do not exceed benchmarks based on market prices for like | ||
products in the region. For purposes of this subsection | ||
(c), "like products" means contracts for renewable energy | ||
credits from the same or substantially similar technology, | ||
same or substantially similar vintage (new or existing), | ||
the same or substantially similar quantity, and the same or | ||
substantially similar contract length and structure. | ||
Benchmarks shall be developed by the procurement | ||
administrator, in consultation with the Commission staff, | ||
Agency staff, and the procurement monitor and shall be | ||
subject to Commission review and approval. If price | ||
benchmarks for like products in the region are not | ||
available, the procurement administrator shall establish | ||
price benchmarks based on publicly available data on |
regional technology costs and expected current and future | ||
regional energy prices. The benchmarks in this Section | ||
shall not be used to curtail or otherwise reduce | ||
contractual obligations entered into by or through the | ||
Agency prior to June 1, 2017 ( the effective date of Public | ||
Act 99-906) this amendatory Act of the 99th General | ||
Assembly . | ||
(E) For purposes of this subsection (c), the required | ||
procurement of cost-effective renewable energy resources | ||
for a particular year commencing prior to June 1, 2017 | ||
shall be measured as a percentage of the actual amount of | ||
electricity (megawatt-hours) supplied by the electric | ||
utility to eligible retail customers in the delivery year | ||
ending immediately prior to the procurement, and, for | ||
delivery years commencing on and after June 1, 2017, the | ||
required procurement of cost-effective renewable energy | ||
resources for a particular year shall be measured as a | ||
percentage of the actual amount of electricity | ||
(megawatt-hours) delivered by the electric utility in the | ||
delivery year ending immediately prior to the procurement, | ||
to all retail customers in its service territory. For | ||
purposes of this subsection (c), the amount paid per | ||
kilowatthour means the total amount paid for electric | ||
service expressed on a per kilowatthour basis. For purposes | ||
of this subsection (c), the total amount paid for electric | ||
service includes without limitation amounts paid for |
supply, transmission, distribution, surcharges, and add-on | ||
taxes. | ||
Notwithstanding the requirements of this subsection | ||
(c), the total of renewable energy resources procured under | ||
the procurement plan for any single year shall be subject | ||
to the limitations of this subparagraph (E). Such | ||
procurement shall be reduced for all retail customers based | ||
on the amount necessary to limit the annual estimated | ||
average net increase due to the costs of these resources | ||
included in the amounts paid by eligible retail customers | ||
in connection with electric service to no more than the | ||
greater of 2.015% of the amount paid per kilowatthour by | ||
those customers during the year ending May 31, 2007 or the | ||
incremental amount per kilowatthour paid for these | ||
resources in 2011. To arrive at a maximum dollar amount of | ||
renewable energy resources to be procured for the | ||
particular delivery year, the resulting per kilowatthour | ||
amount shall be applied to the actual amount of | ||
kilowatthours of electricity delivered, or applicable | ||
portion of such amount as specified in paragraph (1) of | ||
this subsection (c), as applicable, by the electric utility | ||
in the delivery year immediately prior to the procurement | ||
to all retail customers in its service territory. The | ||
calculations required by this subparagraph (E) shall be | ||
made only once for each delivery year at the time that the | ||
renewable energy resources are procured. Once the |
determination as to the amount of renewable energy | ||
resources to procure is made based on the calculations set | ||
forth in this subparagraph (E) and the contracts procuring | ||
those amounts are executed, no subsequent rate impact | ||
determinations shall be made and no adjustments to those | ||
contract amounts shall be allowed. All costs incurred under | ||
such contracts shall be fully recoverable by the electric | ||
utility as provided in this Section. | ||
(F) If the limitation on the amount of renewable energy | ||
resources procured in subparagraph (E) of this paragraph | ||
(1) prevents the Agency from meeting all of the goals in | ||
this subsection (c), the Agency's long-term plan shall | ||
prioritize compliance with the requirements of this | ||
subsection (c) regarding renewable energy credits in the | ||
following order: | ||
(i) renewable energy credits under existing | ||
contractual obligations; | ||
(i-5) funding for the Illinois Solar for All | ||
Program, as described in subparagraph (O) of this | ||
paragraph (1); | ||
(ii) renewable energy credits necessary to comply | ||
with the new wind and new photovoltaic procurement | ||
requirements described in items (i) through (iii) of | ||
subparagraph (C) of this paragraph (1); and | ||
(iii) renewable energy credits necessary to meet | ||
the remaining requirements of this subsection (c). |
(G) The following provisions shall apply to the | ||
Agency's procurement of renewable energy credits under | ||
this subsection (c): | ||
(i) Notwithstanding whether a long-term renewable | ||
resources procurement plan has been approved, the | ||
Agency shall conduct an initial forward procurement | ||
for renewable energy credits from new utility-scale | ||
wind projects within 160 days after June 1, 2017 ( the | ||
effective date of Public Act 99-906) this amendatory | ||
Act of the 99th General Assembly . For the purposes of | ||
this initial forward procurement, the Agency shall | ||
solicit 15-year contracts for delivery of 1,000,000 | ||
renewable energy credits delivered annually from new | ||
utility-scale wind projects to begin delivery on June | ||
1, 2019, if available, but not later than June 1, 2021. | ||
Payments to suppliers of renewable energy credits | ||
shall commence upon delivery. Renewable energy credits | ||
procured under this initial procurement shall be | ||
included in the Agency's long-term plan and shall apply | ||
to all renewable energy goals in this subsection (c). | ||
(ii) Notwithstanding whether a long-term renewable | ||
resources procurement plan has been approved, the | ||
Agency shall conduct an initial forward procurement | ||
for renewable energy credits from new utility-scale | ||
solar projects and brownfield site photovoltaic | ||
projects within one year after June 1, 2017 ( the |
effective date of Public Act 99-906) this amendatory | ||
Act of the 99th General Assembly . For the purposes of | ||
this initial forward procurement, the Agency shall | ||
solicit 15-year contracts for delivery of 1,000,000 | ||
renewable energy credits delivered annually from new | ||
utility-scale solar projects and brownfield site | ||
photovoltaic projects to begin delivery on June 1, | ||
2019, if available, but not later than June 1, 2021. | ||
The Agency may structure this initial procurement in | ||
one or more discrete procurement events. Payments to | ||
suppliers of renewable energy credits shall commence | ||
upon delivery. Renewable energy credits procured under | ||
this initial procurement shall be included in the | ||
Agency's long-term plan and shall apply to all | ||
renewable energy goals in this subsection (c). | ||
(iii) Subsequent forward procurements for | ||
utility-scale wind projects shall solicit at least | ||
1,000,000 renewable energy credits delivered annually | ||
per procurement event and shall be planned, scheduled, | ||
and designed such that the cumulative amount of | ||
renewable energy credits delivered from all new wind | ||
projects in each delivery year shall not exceed the | ||
Agency's projection of the cumulative amount of | ||
renewable energy credits that will be delivered from | ||
all new photovoltaic projects, including utility-scale | ||
and distributed photovoltaic devices, in the same |
delivery year at the time scheduled for wind contract | ||
delivery. | ||
(iv) If, at any time after the time set for | ||
delivery of renewable energy credits pursuant to the | ||
initial procurements in items (i) and (ii) of this | ||
subparagraph (G), the cumulative amount of renewable | ||
energy credits projected to be delivered from all new | ||
wind projects in a given delivery year exceeds the | ||
cumulative amount of renewable energy credits | ||
projected to be delivered from all new photovoltaic | ||
projects in that delivery year by 200,000 or more | ||
renewable energy credits, then the Agency shall within | ||
60 days adjust the procurement programs in the | ||
long-term renewable resources procurement plan to | ||
ensure that the projected cumulative amount of | ||
renewable energy credits to be delivered from all new | ||
wind projects does not exceed the projected cumulative | ||
amount of renewable energy credits to be delivered from | ||
all new photovoltaic projects by 200,000 or more | ||
renewable energy credits, provided that nothing in | ||
this Section shall preclude the projected cumulative | ||
amount of renewable energy credits to be delivered from | ||
all new photovoltaic projects from exceeding the | ||
projected cumulative amount of renewable energy | ||
credits to be delivered from all new wind projects in | ||
each delivery year and provided further that nothing in |
this item (iv) shall require the curtailment of an | ||
executed contract. The Agency shall update, on a | ||
quarterly basis, its projection of the renewable | ||
energy credits to be delivered from all projects in | ||
each delivery year. Notwithstanding anything to the | ||
contrary, the Agency may adjust the timing of | ||
procurement events conducted under this subparagraph | ||
(G). The long-term renewable resources procurement | ||
plan shall set forth the process by which the | ||
adjustments may be made. | ||
(v) All procurements under this subparagraph (G) | ||
shall comply with the geographic requirements in | ||
subparagraph (I) of this paragraph (1) and shall follow | ||
the procurement processes and procedures described in | ||
this Section and Section 16-111.5 of the Public | ||
Utilities Act to the extent practicable, and these | ||
processes and procedures may be expedited to | ||
accommodate the schedule established by this | ||
subparagraph (G). | ||
(H) The procurement of renewable energy resources for a | ||
given delivery year shall be reduced as described in this | ||
subparagraph (H) if an alternative alternate retail | ||
electric supplier meets the requirements described in this | ||
subparagraph (H). | ||
(i) Within 45 days after June 1, 2017 ( the | ||
effective date of Public Act 99-906) this amendatory |
Act of the 99th General Assembly , an alternative retail | ||
electric supplier or its successor shall submit an | ||
informational filing to the Illinois Commerce | ||
Commission certifying that, as of December 31, 2015, | ||
the alternative retail electric supplier owned one or | ||
more electric generating facilities that generates | ||
renewable energy resources as defined in Section 1-10 | ||
of this Act, provided that such facilities are not | ||
powered by wind or photovoltaics, and the facilities | ||
generate one renewable energy credit for each | ||
megawatthour of energy produced from the facility. | ||
The informational filing shall identify each | ||
facility that was eligible to satisfy the alternative | ||
retail electric supplier's obligations under Section | ||
16-115D of the Public Utilities Act as described in | ||
this item (i). | ||
(ii) For a given delivery year, the alternative | ||
retail electric supplier may elect to supply its retail | ||
customers with renewable energy credits from the | ||
facility or facilities described in item (i) of this | ||
subparagraph (H) that continue to be owned by the | ||
alternative retail electric supplier. | ||
(iii) The alternative retail electric supplier | ||
shall notify the Agency and the applicable utility, no | ||
later than February 28 of the year preceding the | ||
applicable delivery year or 15 days after June 1, 2017 |
( the effective date of Public Act 99-906) this | ||
amendatory Act of the 99th General Assembly , whichever | ||
is later, of its election under item (ii) of this | ||
subparagraph (H) to supply renewable energy credits to | ||
retail customers of the utility. Such election shall | ||
identify the amount of renewable energy credits to be | ||
supplied by the alternative retail electric supplier | ||
to the utility's retail customers and the source of the | ||
renewable energy credits identified in the | ||
informational filing as described in item (i) of this | ||
subparagraph (H), subject to the following | ||
limitations: | ||
For the delivery year beginning June 1, 2018, | ||
the maximum amount of renewable energy credits to | ||
be supplied by an alternative retail electric | ||
supplier under this subparagraph (H) shall be 68% | ||
multiplied by 25% multiplied by 14.5% multiplied | ||
by the amount of metered electricity | ||
(megawatt-hours) delivered by the alternative | ||
retail electric supplier to Illinois retail | ||
customers during the delivery year ending May 31, | ||
2016. | ||
For delivery years beginning June 1, 2019 and | ||
each year thereafter, the maximum amount of | ||
renewable energy credits to be supplied by an | ||
alternative retail electric supplier under this |
subparagraph (H) shall be 68% multiplied by 50% | ||
multiplied by 16% multiplied by the amount of | ||
metered electricity (megawatt-hours) delivered by | ||
the alternative retail electric supplier to | ||
Illinois retail customers during the delivery year | ||
ending May 31, 2016, provided that the 16% value | ||
shall increase by 1.5% each delivery year | ||
thereafter to 25% by the delivery year beginning | ||
June 1, 2025, and thereafter the 25% value shall | ||
apply to each delivery year. | ||
For each delivery year, the total amount of | ||
renewable energy credits supplied by all alternative | ||
retail electric suppliers under this subparagraph (H) | ||
shall not exceed 9% of the Illinois target renewable | ||
energy credit quantity. The Illinois target renewable | ||
energy credit quantity for the delivery year beginning | ||
June 1, 2018 is 14.5% multiplied by the total amount of | ||
metered electricity (megawatt-hours) delivered in the | ||
delivery year immediately preceding that delivery | ||
year, provided that the 14.5% shall increase by 1.5% | ||
each delivery year thereafter to 25% by the delivery | ||
year beginning June 1, 2025, and thereafter the 25% | ||
value shall apply to each delivery year. | ||
If the requirements set forth in items (i) through | ||
(iii) of this subparagraph (H) are met, the charges | ||
that would otherwise be applicable to the retail |
customers of the alternative retail electric supplier | ||
under paragraph (6) of this subsection (c) for the | ||
applicable delivery year shall be reduced by the ratio | ||
of the quantity of renewable energy credits supplied by | ||
the alternative retail electric supplier compared to | ||
that supplier's target renewable energy credit | ||
quantity. The supplier's target renewable energy | ||
credit quantity for the delivery year beginning June 1, | ||
2018 is 14.5% multiplied by the total amount of metered | ||
electricity (megawatt-hours) delivered by the | ||
alternative retail supplier in that delivery year, | ||
provided that the 14.5% shall increase by 1.5% each | ||
delivery year thereafter to 25% by the delivery year | ||
beginning June 1, 2025, and thereafter the 25% value | ||
shall apply to each delivery year. | ||
On or before April 1 of each year, the Agency shall | ||
annually publish a report on its website that | ||
identifies the aggregate amount of renewable energy | ||
credits supplied by alternative retail electric | ||
suppliers under this subparagraph (H). | ||
(I) The Agency shall design its long-term renewable | ||
energy procurement plan to maximize the State's interest in | ||
the health, safety, and welfare of its residents, including | ||
but not limited to minimizing sulfur dioxide, nitrogen | ||
oxide, particulate matter and other pollution that | ||
adversely affects public health in this State, increasing |
fuel and resource diversity in this State, enhancing the | ||
reliability and resiliency of the electricity distribution | ||
system in this State, meeting goals to limit carbon dioxide | ||
emissions under federal or State law, and contributing to a | ||
cleaner and healthier environment for the citizens of this | ||
State. In order to further these legislative purposes, | ||
renewable energy credits shall be eligible to be counted | ||
toward the renewable energy requirements of this | ||
subsection (c) if they are generated from facilities | ||
located in this State. The Agency may qualify renewable | ||
energy credits from facilities located in states adjacent | ||
to Illinois if the generator demonstrates and the Agency | ||
determines that the operation of such facility or | ||
facilities will help promote the State's interest in the | ||
health, safety, and welfare of its residents based on the | ||
public interest criteria described above. To ensure that | ||
the public interest criteria are applied to the procurement | ||
and given full effect, the Agency's long-term procurement | ||
plan shall describe in detail how each public interest | ||
factor shall be considered and weighted for facilities | ||
located in states adjacent to Illinois. | ||
(J) In order to promote the competitive development of | ||
renewable energy resources in furtherance of the State's | ||
interest in the health, safety, and welfare of its | ||
residents, renewable energy credits shall not be eligible | ||
to be counted toward the renewable energy requirements of |
this subsection (c) if they are sourced from a generating | ||
unit whose costs were being recovered through rates | ||
regulated by this State or any other state or states on or | ||
after January 1, 2017. Each contract executed to purchase | ||
renewable energy credits under this subsection (c) shall | ||
provide for the contract's termination if the costs of the | ||
generating unit supplying the renewable energy credits | ||
subsequently begin to be recovered through rates regulated | ||
by this State or any other state or states; and each | ||
contract shall further provide that, in that event, the | ||
supplier of the credits must return 110% of all payments | ||
received under the contract. Amounts returned under the | ||
requirements of this subparagraph (J) shall be retained by | ||
the utility and all of these amounts shall be used for the | ||
procurement of additional renewable energy credits from | ||
new wind or new photovoltaic resources as defined in this | ||
subsection (c). The long-term plan shall provide that these | ||
renewable energy credits shall be procured in the next | ||
procurement event. | ||
Notwithstanding the limitations of this subparagraph | ||
(J), renewable energy credits sourced from generating | ||
units that are constructed, purchased, owned, or leased by | ||
an electric utility as part of an approved project, | ||
program, or pilot under Section 1-56 of this Act shall be | ||
eligible to be counted toward the renewable energy | ||
requirements of this subsection (c), regardless of how the |
costs of these units are recovered. | ||
(K) The long-term renewable resources procurement plan | ||
developed by the Agency in accordance with subparagraph (A) | ||
of this paragraph (1) shall include an Adjustable Block | ||
program for the procurement of renewable energy credits | ||
from new photovoltaic projects that are distributed | ||
renewable energy generation devices or new photovoltaic | ||
community renewable generation projects. The Adjustable | ||
Block program shall be designed to provide a transparent | ||
schedule of prices and quantities to enable the | ||
photovoltaic market to scale up and for renewable energy | ||
credit prices to adjust at a predictable rate over time. | ||
The prices set by the Adjustable Block program can be | ||
reflected as a set value or as the product of a formula. | ||
The Adjustable Block program shall include for each | ||
category of eligible projects: a schedule of standard block | ||
purchase prices to be offered; a series of steps, with | ||
associated nameplate capacity and purchase prices that | ||
adjust from step to step; and automatic opening of the next | ||
step as soon as the nameplate capacity and available | ||
purchase prices for an open step are fully committed or | ||
reserved. Only projects energized on or after June 1, 2017 | ||
shall be eligible for the Adjustable Block program. For | ||
each block group the Agency shall determine the number of | ||
blocks, the amount of generation capacity in each block, | ||
and the purchase price for each block, provided that the |
purchase price provided and the total amount of generation | ||
in all blocks for all block groups shall be sufficient to | ||
meet the goals in this subsection (c). The Agency may | ||
periodically review its prior decisions establishing the | ||
number of blocks, the amount of generation capacity in each | ||
block, and the purchase price for each block, and may | ||
propose, on an expedited basis, changes to these previously | ||
set values, including but not limited to redistributing | ||
these amounts and the available funds as necessary and | ||
appropriate, subject to Commission approval as part of the | ||
periodic plan revision process described in Section | ||
16-111.5 of the Public Utilities Act. The Agency may define | ||
different block sizes, purchase prices, or other distinct | ||
terms and conditions for projects located in different | ||
utility service territories if the Agency deems it | ||
necessary to meet the goals in this subsection (c). | ||
The Adjustable Block program shall include at least the | ||
following block groups in at least the following amounts, | ||
which may be adjusted upon review by the Agency and | ||
approval by the Commission as described in this | ||
subparagraph (K): | ||
(i) At least 25% from distributed renewable energy | ||
generation devices with a nameplate capacity of no more | ||
than 10 kilowatts. | ||
(ii) At least 25% from distributed renewable | ||
energy generation devices with a nameplate capacity of |
more than 10 kilowatts and no more than 2,000 | ||
kilowatts. The Agency may create sub-categories within | ||
this category to account for the differences between | ||
projects for small commercial customers, large | ||
commercial customers, and public or non-profit | ||
customers. | ||
(iii) At least 25% from photovoltaic community | ||
renewable generation projects. | ||
(iv) The remaining 25% shall be allocated as | ||
specified by the Agency in the long-term renewable | ||
resources procurement plan. | ||
The Adjustable Block program shall be designed to | ||
ensure that renewable energy credits are procured from | ||
photovoltaic distributed renewable energy generation | ||
devices and new photovoltaic community renewable energy | ||
generation projects in diverse locations and are not | ||
concentrated in a few geographic areas. | ||
(L) The procurement of photovoltaic renewable energy | ||
credits under items (i) through (iv) of subparagraph (K) of | ||
this paragraph (1) shall be subject to the following | ||
contract and payment terms: | ||
(i) The Agency shall procure contracts of at least | ||
15 years in length. | ||
(ii) For those renewable energy credits that | ||
qualify and are procured under item (i) of subparagraph | ||
(K) of this paragraph (1), the renewable energy credit |
purchase price shall be paid in full by the contracting | ||
utilities at the time that the facility producing the | ||
renewable energy credits is interconnected at the | ||
distribution system level of the utility and | ||
energized. The electric utility shall receive and | ||
retire all renewable energy credits generated by the | ||
project for the first 15 years of operation. | ||
(iii) For those renewable energy credits that | ||
qualify and are procured under item (ii) and (iii) of | ||
subparagraph (K) of this paragraph (1) and any | ||
additional categories of distributed generation | ||
included in the long-term renewable resources | ||
procurement plan and approved by the Commission, 20 | ||
percent of the renewable energy credit purchase price | ||
shall be paid by the contracting utilities at the time | ||
that the facility producing the renewable energy | ||
credits is interconnected at the distribution system | ||
level of the utility and energized. The remaining | ||
portion shall be paid ratably over the subsequent | ||
4-year period. The electric utility shall receive and | ||
retire all renewable energy credits generated by the | ||
project for the first 15 years of operation. | ||
(iv) Each contract shall include provisions to | ||
ensure the delivery of the renewable energy credits for | ||
the full term of the contract. | ||
(v) The utility shall be the counterparty to the |
contracts executed under this subparagraph (L) that | ||
are approved by the Commission under the process | ||
described in Section 16-111.5 of the Public Utilities | ||
Act. No contract shall be executed for an amount that | ||
is less than one renewable energy credit per year. | ||
(vi) If, at any time, approved applications for the | ||
Adjustable Block program exceed funds collected by the | ||
electric utility or would cause the Agency to exceed | ||
the limitation described in subparagraph (E) of this | ||
paragraph (1) on the amount of renewable energy | ||
resources that may be procured, then the Agency shall | ||
consider future uncommitted funds to be reserved for | ||
these contracts on a first-come, first-served basis, | ||
with the delivery of renewable energy credits required | ||
beginning at the time that the reserved funds become | ||
available. | ||
(vii) Nothing in this Section shall require the | ||
utility to advance any payment or pay any amounts that | ||
exceed the actual amount of revenues collected by the | ||
utility under paragraph (6) of this subsection (c) and | ||
subsection (k) of Section 16-108 of the Public | ||
Utilities Act, and contracts executed under this | ||
Section shall expressly incorporate this limitation. | ||
(M) The Agency shall be authorized to retain one or | ||
more experts or expert consulting firms to develop, | ||
administer, implement, operate, and evaluate the |
Adjustable Block program described in subparagraph (K) of | ||
this paragraph (1), and the Agency shall retain the | ||
consultant or consultants in the same manner, to the extent | ||
practicable, as the Agency retains others to administer | ||
provisions of this Act, including, but not limited to, the | ||
procurement administrator. The selection of experts and | ||
expert consulting firms and the procurement process | ||
described in this subparagraph (M) are exempt from the | ||
requirements of Section 20-10 of the Illinois Procurement | ||
Code, under Section 20-10 of that Code. The Agency shall | ||
strive to minimize administrative expenses in the | ||
implementation of the Adjustable Block program. | ||
The Agency and its consultant or consultants shall | ||
monitor block activity, share program activity with | ||
stakeholders and conduct regularly scheduled meetings to | ||
discuss program activity and market conditions. If | ||
necessary, the Agency may make prospective administrative | ||
adjustments to the Adjustable Block program design, such as | ||
redistributing available funds or making adjustments to | ||
purchase prices as necessary to achieve the goals of this | ||
subsection (c). Program modifications to any price, | ||
capacity block, or other program element that do not | ||
deviate from the Commission's approved value by more than | ||
25% shall take effect immediately and are not subject to | ||
Commission review and approval. Program modifications to | ||
any price, capacity block, or other program element that |
deviate more than 25% from the Commission's approved value | ||
must be approved by the Commission as a long-term plan | ||
amendment under Section 16-111.5 of the Public Utilities | ||
Act. The Agency shall consider stakeholder feedback when | ||
making adjustments to the Adjustable Block design and shall | ||
notify stakeholders in advance of any planned changes. | ||
(N) The long-term renewable resources procurement plan | ||
required by this subsection (c) shall include a community | ||
renewable generation program. The Agency shall establish | ||
the terms, conditions, and program requirements for | ||
community renewable generation projects with a goal to | ||
expand renewable energy generating facility access to a | ||
broader group of energy consumers, to ensure robust | ||
participation opportunities for residential and small | ||
commercial customers and those who cannot install | ||
renewable energy on their own properties. Any plan approved | ||
by the Commission shall allow subscriptions to community | ||
renewable generation projects to be portable and | ||
transferable. For purposes of this subparagraph (N), | ||
"portable" means that subscriptions may be retained by the | ||
subscriber even if the subscriber relocates or changes its | ||
address within the same utility service territory; and | ||
"transferable" means that a subscriber may assign or sell | ||
subscriptions to another person within the same utility | ||
service territory. | ||
Electric utilities shall provide a monetary credit to a |
subscriber's subsequent bill for service for the | ||
proportional output of a community renewable generation | ||
project attributable to that subscriber as specified in | ||
Section 16-107.5 of the Public Utilities Act. | ||
The Agency shall purchase renewable energy credits | ||
from subscribed shares of photovoltaic community renewable | ||
generation projects through the Adjustable Block program | ||
described in subparagraph (K) of this paragraph (1) or | ||
through the Illinois Solar for All Program described in | ||
Section 1-56 of this Act. The electric utility shall | ||
purchase any unsubscribed energy from community renewable | ||
generation projects that are Qualifying Facilities ("QF") | ||
under the electric utility's tariff for purchasing the | ||
output from QFs under Public Utilities Regulatory Policies | ||
Act of 1978. | ||
The owners of and any subscribers to a community | ||
renewable generation project shall not be considered | ||
public utilities or alternative retail electricity | ||
suppliers under the Public Utilities Act solely as a result | ||
of their interest in or subscription to a community | ||
renewable generation project and shall not be required to | ||
become an alternative retail electric supplier by | ||
participating in a community renewable generation project | ||
with a public utility. | ||
(O) For the delivery year beginning June 1, 2018, the | ||
long-term renewable resources procurement plan required by |
this subsection (c) shall provide for the Agency to procure | ||
contracts to continue offering the Illinois Solar for All | ||
Program described in subsection (b) of Section 1-56 of this | ||
Act, and the contracts approved by the Commission shall be | ||
executed by the utilities that are subject to this | ||
subsection (c). The long-term renewable resources | ||
procurement plan shall allocate 5% of the funds available | ||
under the plan for the applicable delivery year, or | ||
$10,000,000 per delivery year, whichever is greater, to | ||
fund the programs, and the plan shall determine the amount | ||
of funding to be apportioned to the programs identified in | ||
subsection (b) of Section 1-56 of this Act; provided that | ||
for the delivery years beginning June 1, 2017, June 1, | ||
2021, and June 1, 2025, the long-term renewable resources | ||
procurement plan shall allocate 10% of the funds available | ||
under the plan for the applicable delivery year, or | ||
$20,000,000 per delivery year, whichever is greater, and | ||
$10,000,000 of such funds in such year shall be used by an | ||
electric utility that serves more than 3,000,000 retail | ||
customers in the State to implement a Commission-approved | ||
plan under Section 16-108.12 of the Public Utilities Act. | ||
In making the determinations required under this | ||
subparagraph (O), the Commission shall consider the | ||
experience and performance under the programs and any | ||
evaluation reports. The Commission shall also provide for | ||
an independent evaluation of those programs on a periodic |
basis that are funded under this subparagraph (O). | ||
(2) (Blank). | ||
(3) (Blank). | ||
(4) The electric utility shall retire all renewable | ||
energy credits used to comply with the standard. | ||
(5) Beginning with the 2010 delivery year and ending | ||
June 1, 2017, an electric utility subject to this | ||
subsection (c) shall apply the lesser of the maximum | ||
alternative compliance payment rate or the most recent | ||
estimated alternative compliance payment rate for its | ||
service territory for the corresponding compliance period, | ||
established pursuant to subsection (d) of Section 16-115D | ||
of the Public Utilities Act to its retail customers that | ||
take service pursuant to the electric utility's hourly | ||
pricing tariff or tariffs. The electric utility shall | ||
retain all amounts collected as a result of the application | ||
of the alternative compliance payment rate or rates to such | ||
customers, and, beginning in 2011, the utility shall | ||
include in the information provided under item (1) of | ||
subsection (d) of Section 16-111.5 of the Public Utilities | ||
Act the amounts collected under the alternative compliance | ||
payment rate or rates for the prior year ending May 31. | ||
Notwithstanding any limitation on the procurement of | ||
renewable energy resources imposed by item (2) of this | ||
subsection (c), the Agency shall increase its spending on | ||
the purchase of renewable energy resources to be procured |
by the electric utility for the next plan year by an amount | ||
equal to the amounts collected by the utility under the | ||
alternative compliance payment rate or rates in the prior | ||
year ending May 31. | ||
(6) The electric utility shall be entitled to recover | ||
all of its costs associated with the procurement of | ||
renewable energy credits under plans approved under this | ||
Section and Section 16-111.5 of the Public Utilities Act. | ||
These costs shall include associated reasonable expenses | ||
for implementing the procurement programs, including, but | ||
not limited to, the costs of administering and evaluating | ||
the Adjustable Block program, through an automatic | ||
adjustment clause tariff in accordance with subsection (k) | ||
of Section 16-108 of the Public Utilities Act. | ||
(7) Renewable energy credits procured from new | ||
photovoltaic projects or new distributed renewable energy | ||
generation devices under this Section after June 1, 2017 | ||
( the effective date of Public Act 99-906) this amendatory | ||
Act of the 99th General Assembly must be procured from | ||
devices installed by a qualified person in compliance with | ||
the requirements of Section 16-128A of the Public Utilities | ||
Act and any rules or regulations adopted thereunder. | ||
In meeting the renewable energy requirements of this | ||
subsection (c), to the extent feasible and consistent with | ||
State and federal law, the renewable energy credit | ||
procurements, Adjustable Block solar program, and |
community renewable generation program shall provide | ||
employment opportunities for all segments of the | ||
population and workforce, including minority-owned and | ||
female-owned business enterprises, and shall not, | ||
consistent with State and federal law, discriminate based | ||
on race or socioeconomic status. | ||
(d) Clean coal portfolio standard. | ||
(1) The procurement plans shall include electricity | ||
generated using clean coal. Each utility shall enter into | ||
one or more sourcing agreements with the initial clean coal | ||
facility, as provided in paragraph (3) of this subsection | ||
(d), covering electricity generated by the initial clean | ||
coal facility representing at least 5% of each utility's | ||
total supply to serve the load of eligible retail customers | ||
in 2015 and each year thereafter, as described in paragraph | ||
(3) of this subsection (d), subject to the limits specified | ||
in paragraph (2) of this subsection (d). It is the goal of | ||
the State that by January 1, 2025, 25% of the electricity | ||
used in the State shall be generated by cost-effective | ||
clean coal facilities. For purposes of this subsection (d), | ||
"cost-effective" means that the expenditures pursuant to | ||
such sourcing agreements do not cause the limit stated in | ||
paragraph (2) of this subsection (d) to be exceeded and do | ||
not exceed cost-based benchmarks, which shall be developed | ||
to assess all expenditures pursuant to such sourcing | ||
agreements covering electricity generated by clean coal |
facilities, other than the initial clean coal facility, by | ||
the procurement administrator, in consultation with the | ||
Commission staff, Agency staff, and the procurement | ||
monitor and shall be subject to Commission review and | ||
approval. | ||
A utility party to a sourcing agreement shall | ||
immediately retire any emission credits that it receives in | ||
connection with the electricity covered by such agreement. | ||
Utilities shall maintain adequate records documenting | ||
the purchases under the sourcing agreement to comply with | ||
this subsection (d) and shall file an accounting with the | ||
load forecast that must be filed with the Agency by July 15 | ||
of each year, in accordance with subsection (d) of Section | ||
16-111.5 of the Public Utilities Act. | ||
A utility shall be deemed to have complied with the | ||
clean coal portfolio standard specified in this subsection | ||
(d) if the utility enters into a sourcing agreement as | ||
required by this subsection (d). | ||
(2) For purposes of this subsection (d), the required | ||
execution of sourcing agreements with the initial clean | ||
coal facility for a particular year shall be measured as a | ||
percentage of the actual amount of electricity | ||
(megawatt-hours) supplied by the electric utility to | ||
eligible retail customers in the planning year ending | ||
immediately prior to the agreement's execution. For | ||
purposes of this subsection (d), the amount paid per |
kilowatthour means the total amount paid for electric | ||
service expressed on a per kilowatthour basis. For purposes | ||
of this subsection (d), the total amount paid for electric | ||
service includes without limitation amounts paid for | ||
supply, transmission, distribution, surcharges and add-on | ||
taxes. | ||
Notwithstanding the requirements of this subsection | ||
(d), the total amount paid under sourcing agreements with | ||
clean coal facilities pursuant to the procurement plan for | ||
any given year shall be reduced by an amount necessary to | ||
limit the annual estimated average net increase due to the | ||
costs of these resources included in the amounts paid by | ||
eligible retail customers in connection with electric | ||
service to: | ||
(A) in 2010, no more than 0.5% of the amount paid | ||
per kilowatthour by those customers during the year | ||
ending May 31, 2009; | ||
(B) in 2011, the greater of an additional 0.5% of | ||
the amount paid per kilowatthour by those customers | ||
during the year ending May 31, 2010 or 1% of the amount | ||
paid per kilowatthour by those customers during the | ||
year ending May 31, 2009; | ||
(C) in 2012, the greater of an additional 0.5% of | ||
the amount paid per kilowatthour by those customers | ||
during the year ending May 31, 2011 or 1.5% of the | ||
amount paid per kilowatthour by those customers during |
the year ending May 31, 2009; | ||
(D) in 2013, the greater of an additional 0.5% of | ||
the amount paid per kilowatthour by those customers | ||
during the year ending May 31, 2012 or 2% of the amount | ||
paid per kilowatthour by those customers during the | ||
year ending May 31, 2009; and | ||
(E) thereafter, the total amount paid under | ||
sourcing agreements with clean coal facilities | ||
pursuant to the procurement plan for any single year | ||
shall be reduced by an amount necessary to limit the | ||
estimated average net increase due to the cost of these | ||
resources included in the amounts paid by eligible | ||
retail customers in connection with electric service | ||
to no more than the greater of (i) 2.015% of the amount | ||
paid per kilowatthour by those customers during the | ||
year ending May 31, 2009 or (ii) the incremental amount | ||
per kilowatthour paid for these resources in 2013. | ||
These requirements may be altered only as provided by | ||
statute. | ||
No later than June 30, 2015, the Commission shall | ||
review the limitation on the total amount paid under | ||
sourcing agreements, if any, with clean coal facilities | ||
pursuant to this subsection (d) and report to the General | ||
Assembly its findings as to whether that limitation unduly | ||
constrains the amount of electricity generated by | ||
cost-effective clean coal facilities that is covered by |
sourcing agreements. | ||
(3) Initial clean coal facility. In order to promote | ||
development of clean coal facilities in Illinois, each | ||
electric utility subject to this Section shall execute a | ||
sourcing agreement to source electricity from a proposed | ||
clean coal facility in Illinois (the "initial clean coal | ||
facility") that will have a nameplate capacity of at least | ||
500 MW when commercial operation commences, that has a | ||
final Clean Air Act permit on June 1, 2009 ( the effective | ||
date of Public Act 95-1027) this amendatory Act of the 95th | ||
General Assembly , and that will meet the definition of | ||
clean coal facility in Section 1-10 of this Act when | ||
commercial operation commences. The sourcing agreements | ||
with this initial clean coal facility shall be subject to | ||
both approval of the initial clean coal facility by the | ||
General Assembly and satisfaction of the requirements of | ||
paragraph (4) of this subsection (d) and shall be executed | ||
within 90 days after any such approval by the General | ||
Assembly. The Agency and the Commission shall have | ||
authority to inspect all books and records associated with | ||
the initial clean coal facility during the term of such a | ||
sourcing agreement. A utility's sourcing agreement for | ||
electricity produced by the initial clean coal facility | ||
shall include: | ||
(A) a formula contractual price (the "contract | ||
price") approved pursuant to paragraph (4) of this |
subsection (d), which shall: | ||
(i) be determined using a cost of service | ||
methodology employing either a level or deferred | ||
capital recovery component, based on a capital | ||
structure consisting of 45% equity and 55% debt, | ||
and a return on equity as may be approved by the | ||
Federal Energy Regulatory Commission, which in any | ||
case may not exceed the lower of 11.5% or the rate | ||
of return approved by the General Assembly | ||
pursuant to paragraph (4) of this subsection (d); | ||
and | ||
(ii) provide that all miscellaneous net | ||
revenue, including but not limited to net revenue | ||
from the sale of emission allowances, if any, | ||
substitute natural gas, if any, grants or other | ||
support provided by the State of Illinois or the | ||
United States Government, firm transmission | ||
rights, if any, by-products produced by the | ||
facility, energy or capacity derived from the | ||
facility and not covered by a sourcing agreement | ||
pursuant to paragraph (3) of this subsection (d) or | ||
item (5) of subsection (d) of Section 16-115 of the | ||
Public Utilities Act, whether generated from the | ||
synthesis gas derived from coal, from SNG, or from | ||
natural gas, shall be credited against the revenue | ||
requirement for this initial clean coal facility; |
(B) power purchase provisions, which shall: | ||
(i) provide that the utility party to such | ||
sourcing agreement shall pay the contract price | ||
for electricity delivered under such sourcing | ||
agreement; | ||
(ii) require delivery of electricity to the | ||
regional transmission organization market of the | ||
utility that is party to such sourcing agreement; | ||
(iii) require the utility party to such | ||
sourcing agreement to buy from the initial clean | ||
coal facility in each hour an amount of energy | ||
equal to all clean coal energy made available from | ||
the initial clean coal facility during such hour | ||
times a fraction, the numerator of which is such | ||
utility's retail market sales of electricity | ||
(expressed in kilowatthours sold) in the State | ||
during the prior calendar month and the | ||
denominator of which is the total retail market | ||
sales of electricity (expressed in kilowatthours | ||
sold) in the State by utilities during such prior | ||
month and the sales of electricity (expressed in | ||
kilowatthours sold) in the State by alternative | ||
retail electric suppliers during such prior month | ||
that are subject to the requirements of this | ||
subsection (d) and paragraph (5) of subsection (d) | ||
of Section 16-115 of the Public Utilities Act, |
provided that the amount purchased by the utility | ||
in any year will be limited by paragraph (2) of | ||
this subsection (d); and | ||
(iv) be considered pre-existing contracts in | ||
such utility's procurement plans for eligible | ||
retail customers; | ||
(C) contract for differences provisions, which | ||
shall: | ||
(i) require the utility party to such sourcing | ||
agreement to contract with the initial clean coal | ||
facility in each hour with respect to an amount of | ||
energy equal to all clean coal energy made | ||
available from the initial clean coal facility | ||
during such hour times a fraction, the numerator of | ||
which is such utility's retail market sales of | ||
electricity (expressed in kilowatthours sold) in | ||
the utility's service territory in the State | ||
during the prior calendar month and the | ||
denominator of which is the total retail market | ||
sales of electricity (expressed in kilowatthours | ||
sold) in the State by utilities during such prior | ||
month and the sales of electricity (expressed in | ||
kilowatthours sold) in the State by alternative | ||
retail electric suppliers during such prior month | ||
that are subject to the requirements of this | ||
subsection (d) and paragraph (5) of subsection (d) |
of Section 16-115 of the Public Utilities Act, | ||
provided that the amount paid by the utility in any | ||
year will be limited by paragraph (2) of this | ||
subsection (d); | ||
(ii) provide that the utility's payment | ||
obligation in respect of the quantity of | ||
electricity determined pursuant to the preceding | ||
clause (i) shall be limited to an amount equal to | ||
(1) the difference between the contract price | ||
determined pursuant to subparagraph (A) of | ||
paragraph (3) of this subsection (d) and the | ||
day-ahead price for electricity delivered to the | ||
regional transmission organization market of the | ||
utility that is party to such sourcing agreement | ||
(or any successor delivery point at which such | ||
utility's supply obligations are financially | ||
settled on an hourly basis) (the "reference | ||
price") on the day preceding the day on which the | ||
electricity is delivered to the initial clean coal | ||
facility busbar, multiplied by (2) the quantity of | ||
electricity determined pursuant to the preceding | ||
clause (i); and | ||
(iii) not require the utility to take physical | ||
delivery of the electricity produced by the | ||
facility; | ||
(D) general provisions, which shall: |
(i) specify a term of no more than 30 years, | ||
commencing on the commercial operation date of the | ||
facility; | ||
(ii) provide that utilities shall maintain | ||
adequate records documenting purchases under the | ||
sourcing agreements entered into to comply with | ||
this subsection (d) and shall file an accounting | ||
with the load forecast that must be filed with the | ||
Agency by July 15 of each year, in accordance with | ||
subsection (d) of Section 16-111.5 of the Public | ||
Utilities Act; | ||
(iii) provide that all costs associated with | ||
the initial clean coal facility will be | ||
periodically reported to the Federal Energy | ||
Regulatory Commission and to purchasers in | ||
accordance with applicable laws governing | ||
cost-based wholesale power contracts; | ||
(iv) permit the Illinois Power Agency to | ||
assume ownership of the initial clean coal | ||
facility, without monetary consideration and | ||
otherwise on reasonable terms acceptable to the | ||
Agency, if the Agency so requests no less than 3 | ||
years prior to the end of the stated contract term; | ||
(v) require the owner of the initial clean coal | ||
facility to provide documentation to the | ||
Commission each year, starting in the facility's |
first year of commercial operation, accurately | ||
reporting the quantity of carbon emissions from | ||
the facility that have been captured and | ||
sequestered and report any quantities of carbon | ||
released from the site or sites at which carbon | ||
emissions were sequestered in prior years, based | ||
on continuous monitoring of such sites. If, in any | ||
year after the first year of commercial operation, | ||
the owner of the facility fails to demonstrate that | ||
the initial clean coal facility captured and | ||
sequestered at least 50% of the total carbon | ||
emissions that the facility would otherwise emit | ||
or that sequestration of emissions from prior | ||
years has failed, resulting in the release of | ||
carbon dioxide into the atmosphere, the owner of | ||
the facility must offset excess emissions. Any | ||
such carbon offsets must be permanent, additional, | ||
verifiable, real, located within the State of | ||
Illinois, and legally and practicably enforceable. | ||
The cost of such offsets for the facility that are | ||
not recoverable shall not exceed $15 million in any | ||
given year. No costs of any such purchases of | ||
carbon offsets may be recovered from a utility or | ||
its customers. All carbon offsets purchased for | ||
this purpose and any carbon emission credits | ||
associated with sequestration of carbon from the |
facility must be permanently retired. The initial | ||
clean coal facility shall not forfeit its | ||
designation as a clean coal facility if the | ||
facility fails to fully comply with the applicable | ||
carbon sequestration requirements in any given | ||
year, provided the requisite offsets are | ||
purchased. However, the Attorney General, on | ||
behalf of the People of the State of Illinois, may | ||
specifically enforce the facility's sequestration | ||
requirement and the other terms of this contract | ||
provision. Compliance with the sequestration | ||
requirements and offset purchase requirements | ||
specified in paragraph (3) of this subsection (d) | ||
shall be reviewed annually by an independent | ||
expert retained by the owner of the initial clean | ||
coal facility, with the advance written approval | ||
of the Attorney General. The Commission may, in the | ||
course of the review specified in item (vii), | ||
reduce the allowable return on equity for the | ||
facility if the facility willfully wilfully fails | ||
to comply with the carbon capture and | ||
sequestration requirements set forth in this item | ||
(v); | ||
(vi) include limits on, and accordingly | ||
provide for modification of, the amount the | ||
utility is required to source under the sourcing |
agreement consistent with paragraph (2) of this | ||
subsection (d); | ||
(vii) require Commission review: (1) to | ||
determine the justness, reasonableness, and | ||
prudence of the inputs to the formula referenced in | ||
subparagraphs (A)(i) through (A)(iii) of paragraph | ||
(3) of this subsection (d), prior to an adjustment | ||
in those inputs including, without limitation, the | ||
capital structure and return on equity, fuel | ||
costs, and other operations and maintenance costs | ||
and (2) to approve the costs to be passed through | ||
to customers under the sourcing agreement by which | ||
the utility satisfies its statutory obligations. | ||
Commission review shall occur no less than every 3 | ||
years, regardless of whether any adjustments have | ||
been proposed, and shall be completed within 9 | ||
months; | ||
(viii) limit the utility's obligation to such | ||
amount as the utility is allowed to recover through | ||
tariffs filed with the Commission, provided that | ||
neither the clean coal facility nor the utility | ||
waives any right to assert federal pre-emption or | ||
any other argument in response to a purported | ||
disallowance of recovery costs; | ||
(ix) limit the utility's or alternative retail | ||
electric supplier's obligation to incur any |
liability until such time as the facility is in | ||
commercial operation and generating power and | ||
energy and such power and energy is being delivered | ||
to the facility busbar; | ||
(x) provide that the owner or owners of the | ||
initial clean coal facility, which is the | ||
counterparty to such sourcing agreement, shall | ||
have the right from time to time to elect whether | ||
the obligations of the utility party thereto shall | ||
be governed by the power purchase provisions or the | ||
contract for differences provisions; | ||
(xi) append documentation showing that the | ||
formula rate and contract, insofar as they relate | ||
to the power purchase provisions, have been | ||
approved by the Federal Energy Regulatory | ||
Commission pursuant to Section 205 of the Federal | ||
Power Act; | ||
(xii) provide that any changes to the terms of | ||
the contract, insofar as such changes relate to the | ||
power purchase provisions, are subject to review | ||
under the public interest standard applied by the | ||
Federal Energy Regulatory Commission pursuant to | ||
Sections 205 and 206 of the Federal Power Act; and | ||
(xiii) conform with customary lender | ||
requirements in power purchase agreements used as | ||
the basis for financing non-utility generators. |
(4) Effective date of sourcing agreements with the | ||
initial clean coal facility. | ||
Any proposed sourcing agreement with the initial clean | ||
coal facility shall not become effective unless the | ||
following reports are prepared and submitted and | ||
authorizations and approvals obtained: | ||
(i) Facility cost report. The owner of the initial | ||
clean coal facility shall submit to the Commission, the | ||
Agency, and the General Assembly a front-end | ||
engineering and design study, a facility cost report, | ||
method of financing (including but not limited to | ||
structure and associated costs), and an operating and | ||
maintenance cost quote for the facility (collectively | ||
"facility cost report"), which shall be prepared in | ||
accordance with the requirements of this paragraph (4) | ||
of subsection (d) of this Section, and shall provide | ||
the Commission and the Agency access to the work | ||
papers, relied upon documents, and any other backup | ||
documentation related to the facility cost report. | ||
(ii) Commission report. Within 6 months following | ||
receipt of the facility cost report, the Commission, in | ||
consultation with the Agency, shall submit a report to | ||
the General Assembly setting forth its analysis of the | ||
facility cost report. Such report shall include, but | ||
not be limited to, a comparison of the costs associated | ||
with electricity generated by the initial clean coal |
facility to the costs associated with electricity | ||
generated by other types of generation facilities, an | ||
analysis of the rate impacts on residential and small | ||
business customers over the life of the sourcing | ||
agreements, and an analysis of the likelihood that the | ||
initial clean coal facility will commence commercial | ||
operation by and be delivering power to the facility's | ||
busbar by 2016. To assist in the preparation of its | ||
report, the Commission, in consultation with the | ||
Agency, may hire one or more experts or consultants, | ||
the costs of which shall be paid for by the owner of | ||
the initial clean coal facility. The Commission and | ||
Agency may begin the process of selecting such experts | ||
or consultants prior to receipt of the facility cost | ||
report. | ||
(iii) General Assembly approval. The proposed | ||
sourcing agreements shall not take effect unless, | ||
based on the facility cost report and the Commission's | ||
report, the General Assembly enacts authorizing | ||
legislation approving (A) the projected price, stated | ||
in cents per kilowatthour, to be charged for | ||
electricity generated by the initial clean coal | ||
facility, (B) the projected impact on residential and | ||
small business customers' bills over the life of the | ||
sourcing agreements, and (C) the maximum allowable | ||
return on equity for the project; and |
(iv) Commission review. If the General Assembly | ||
enacts authorizing legislation pursuant to | ||
subparagraph (iii) approving a sourcing agreement, the | ||
Commission shall, within 90 days of such enactment, | ||
complete a review of such sourcing agreement. During | ||
such time period, the Commission shall implement any | ||
directive of the General Assembly, resolve any | ||
disputes between the parties to the sourcing agreement | ||
concerning the terms of such agreement, approve the | ||
form of such agreement, and issue an order finding that | ||
the sourcing agreement is prudent and reasonable. | ||
The facility cost report shall be prepared as follows: | ||
(A) The facility cost report shall be prepared by | ||
duly licensed engineering and construction firms | ||
detailing the estimated capital costs payable to one or | ||
more contractors or suppliers for the engineering, | ||
procurement and construction of the components | ||
comprising the initial clean coal facility and the | ||
estimated costs of operation and maintenance of the | ||
facility. The facility cost report shall include: | ||
(i) an estimate of the capital cost of the core | ||
plant based on one or more front end engineering | ||
and design studies for the gasification island and | ||
related facilities. The core plant shall include | ||
all civil, structural, mechanical, electrical, | ||
control, and safety systems. |
(ii) an estimate of the capital cost of the | ||
balance of the plant, including any capital costs | ||
associated with sequestration of carbon dioxide | ||
emissions and all interconnects and interfaces | ||
required to operate the facility, such as | ||
transmission of electricity, construction or | ||
backfeed power supply, pipelines to transport | ||
substitute natural gas or carbon dioxide, potable | ||
water supply, natural gas supply, water supply, | ||
water discharge, landfill, access roads, and coal | ||
delivery. | ||
The quoted construction costs shall be expressed | ||
in nominal dollars as of the date that the quote is | ||
prepared and shall include capitalized financing costs | ||
during construction,
taxes, insurance, and other | ||
owner's costs, and an assumed escalation in materials | ||
and labor beyond the date as of which the construction | ||
cost quote is expressed. | ||
(B) The front end engineering and design study for | ||
the gasification island and the cost study for the | ||
balance of plant shall include sufficient design work | ||
to permit quantification of major categories of | ||
materials, commodities and labor hours, and receipt of | ||
quotes from vendors of major equipment required to | ||
construct and operate the clean coal facility. | ||
(C) The facility cost report shall also include an |
operating and maintenance cost quote that will provide | ||
the estimated cost of delivered fuel, personnel, | ||
maintenance contracts, chemicals, catalysts, | ||
consumables, spares, and other fixed and variable | ||
operations and maintenance costs. The delivered fuel | ||
cost estimate will be provided by a recognized third | ||
party expert or experts in the fuel and transportation | ||
industries. The balance of the operating and | ||
maintenance cost quote, excluding delivered fuel | ||
costs, will be developed based on the inputs provided | ||
by duly licensed engineering and construction firms | ||
performing the construction cost quote, potential | ||
vendors under long-term service agreements and plant | ||
operating agreements, or recognized third party plant | ||
operator or operators. | ||
The operating and maintenance cost quote | ||
(including the cost of the front end engineering and | ||
design study) shall be expressed in nominal dollars as | ||
of the date that the quote is prepared and shall | ||
include taxes, insurance, and other owner's costs, and | ||
an assumed escalation in materials and labor beyond the | ||
date as of which the operating and maintenance cost | ||
quote is expressed. | ||
(D) The facility cost report shall also include an | ||
analysis of the initial clean coal facility's ability | ||
to deliver power and energy into the applicable |
regional transmission organization markets and an | ||
analysis of the expected capacity factor for the | ||
initial clean coal facility. | ||
(E) Amounts paid to third parties unrelated to the | ||
owner or owners of the initial clean coal facility to | ||
prepare the core plant construction cost quote, | ||
including the front end engineering and design study, | ||
and the operating and maintenance cost quote will be | ||
reimbursed through Coal Development Bonds. | ||
(5) Re-powering and retrofitting coal-fired power | ||
plants previously owned by Illinois utilities to qualify as | ||
clean coal facilities. During the 2009 procurement | ||
planning process and thereafter, the Agency and the | ||
Commission shall consider sourcing agreements covering | ||
electricity generated by power plants that were previously | ||
owned by Illinois utilities and that have been or will be | ||
converted into clean coal facilities, as defined by Section | ||
1-10 of this Act. Pursuant to such procurement planning | ||
process, the owners of such facilities may propose to the | ||
Agency sourcing agreements with utilities and alternative | ||
retail electric suppliers required to comply with | ||
subsection (d) of this Section and item (5) of subsection | ||
(d) of Section 16-115 of the Public Utilities Act, covering | ||
electricity generated by such facilities. In the case of | ||
sourcing agreements that are power purchase agreements, | ||
the contract price for electricity sales shall be |
established on a cost of service basis. In the case of | ||
sourcing agreements that are contracts for differences, | ||
the contract price from which the reference price is | ||
subtracted shall be established on a cost of service basis. | ||
The Agency and the Commission may approve any such utility | ||
sourcing agreements that do not exceed cost-based | ||
benchmarks developed by the procurement administrator, in | ||
consultation with the Commission staff, Agency staff and | ||
the procurement monitor, subject to Commission review and | ||
approval. The Commission shall have authority to inspect | ||
all books and records associated with these clean coal | ||
facilities during the term of any such contract. | ||
(6) Costs incurred under this subsection (d) or | ||
pursuant to a contract entered into under this subsection | ||
(d) shall be deemed prudently incurred and reasonable in | ||
amount and the electric utility shall be entitled to full | ||
cost recovery pursuant to the tariffs filed with the | ||
Commission. | ||
(d-5) Zero emission standard. | ||
(1) Beginning with the delivery year commencing on June | ||
1, 2017, the Agency shall, for electric utilities that | ||
serve at least 100,000 retail customers in this State, | ||
procure contracts with zero emission facilities that are | ||
reasonably capable of generating cost-effective zero | ||
emission credits in an amount approximately equal to 16% of | ||
the actual amount of electricity delivered by each electric |
utility to retail customers in the State during calendar | ||
year 2014. For an electric utility serving fewer than | ||
100,000 retail customers in this State that requested, | ||
under Section 16-111.5 of the Public Utilities Act, that | ||
the Agency procure power and energy for all or a portion of | ||
the utility's Illinois load for the delivery year | ||
commencing June 1, 2016, the Agency shall procure contracts | ||
with zero emission facilities that are reasonably capable | ||
of generating cost-effective zero emission credits in an | ||
amount approximately equal to 16% of the portion of power | ||
and energy to be procured by the Agency for the utility. | ||
The duration of the contracts procured under this | ||
subsection (d-5) shall be for a term of 10 years ending May | ||
31, 2027. The quantity of zero emission credits to be | ||
procured under the contracts shall be all of the zero | ||
emission credits generated by the zero emission facility in | ||
each delivery year; however, if the zero emission facility | ||
is owned by more than one entity, then the quantity of zero | ||
emission credits to be procured under the contracts shall | ||
be the amount of zero emission credits that are generated | ||
from the portion of the zero emission facility that is | ||
owned by the winning supplier. | ||
The 16% value identified in this paragraph (1) is the | ||
average of the percentage targets in subparagraph (B) of | ||
paragraph (1) of subsection (c) of Section 1-75 of this Act | ||
for the 5 delivery years beginning June 1, 2017. |
The procurement process shall be subject to the | ||
following provisions: | ||
(A) Those zero emission facilities that intend to | ||
participate in the procurement shall submit to the | ||
Agency the following eligibility information for each | ||
zero emission facility on or before the date | ||
established by the Agency: | ||
(i) the in-service date and remaining useful | ||
life of the zero emission facility; | ||
(ii) the amount of power generated annually | ||
for each of the years 2005 through 2015, and the | ||
projected zero emission credits to be generated | ||
over the remaining useful life of the zero emission | ||
facility, which shall be used to determine the | ||
capability of each facility; | ||
(iii) the annual zero emission facility cost | ||
projections, expressed on a per megawatthour | ||
basis, over the next 6 delivery years, which shall | ||
include the following: operation and maintenance | ||
expenses; fully allocated overhead costs, which | ||
shall be allocated using the methodology developed | ||
by the Institute for Nuclear Power Operations; | ||
fuel expenditures; non-fuel capital expenditures; | ||
spent fuel expenditures; a return on working | ||
capital; the cost of operational and market risks | ||
that could be avoided by ceasing operation; and any |
other costs necessary for continued operations, | ||
provided that "necessary" means, for purposes of | ||
this item (iii), that the costs could reasonably be | ||
avoided only by ceasing operations of the zero | ||
emission facility; and | ||
(iv) a commitment to continue operating, for | ||
the duration of the contract or contracts executed | ||
under the procurement held under this subsection | ||
(d-5), the zero emission facility that produces | ||
the zero emission credits to be procured in the | ||
procurement. | ||
The information described in item (iii) of this | ||
subparagraph (A) may be submitted on a confidential basis | ||
and shall be treated and maintained by the Agency, the | ||
procurement administrator, and the Commission as | ||
confidential and proprietary and exempt from disclosure | ||
under subparagraphs (a) and (g) of paragraph (1) of Section | ||
7 of the Freedom of Information Act. The Office of Attorney | ||
General shall have access to, and maintain the | ||
confidentiality of, such information pursuant to Section | ||
6.5 of the Attorney General Act. | ||
(B) The price for each zero emission credit | ||
procured under this subsection (d-5) for each delivery | ||
year shall be in an amount that equals the Social Cost | ||
of Carbon, expressed on a price per megawatthour basis. | ||
However, to ensure that the procurement remains |
affordable to retail customers in this State if | ||
electricity prices increase, the price in an | ||
applicable delivery year shall be reduced below the | ||
Social Cost of Carbon by the amount ("Price | ||
Adjustment") by which the market price index for the | ||
applicable delivery year exceeds the baseline market | ||
price index for the consecutive 12-month period ending | ||
May 31, 2016. If the Price Adjustment is greater than | ||
or equal to the Social Cost of Carbon in an applicable | ||
delivery year, then no payments shall be due in that | ||
delivery year. The components of this calculation are | ||
defined as follows: | ||
(i) Social Cost of Carbon: The Social Cost of | ||
Carbon is $16.50 per megawatthour, which is based | ||
on the U.S. Interagency Working Group on Social | ||
Cost of Carbon's price in the August 2016 Technical | ||
Update using a 3% discount rate, adjusted for | ||
inflation for each year of the program. Beginning | ||
with the delivery year commencing June 1, 2023, the | ||
price per megawatthour shall increase by $1 per | ||
megawatthour, and continue to increase by an | ||
additional $1 per megawatthour each delivery year | ||
thereafter. | ||
(ii) Baseline market price index: The baseline | ||
market price index for the consecutive 12-month | ||
period ending May 31, 2016 is $31.40 per |
megawatthour, which is based on the sum of (aa) the | ||
average day-ahead energy price across all hours of | ||
such 12-month period at the PJM Interconnection | ||
LLC Northern Illinois Hub, (bb) 50% multiplied by | ||
the Base Residual Auction, or its successor, | ||
capacity price for the rest of the RTO zone group | ||
determined by PJM Interconnection LLC, divided by | ||
24 hours per day, and (cc) 50% multiplied by the | ||
Planning Resource Auction, or its successor, | ||
capacity price for Zone 4 determined by the | ||
Midcontinent Independent System Operator, Inc., | ||
divided by 24 hours per day. | ||
(iii) Market price index: The market price | ||
index for a delivery year shall be the sum of | ||
projected energy prices and projected capacity | ||
prices determined as follows: | ||
(aa) Projected energy prices: the | ||
projected energy prices for the applicable | ||
delivery year shall be calculated once for the | ||
year using the forward market price for the PJM | ||
Interconnection, LLC Northern Illinois Hub. | ||
The forward market price shall be calculated as | ||
follows: the energy forward prices for each | ||
month of the applicable delivery year averaged | ||
for each trade date during the calendar year | ||
immediately preceding that delivery year to |
produce a single energy forward price for the | ||
delivery year. The forward market price | ||
calculation shall use data published by the | ||
Intercontinental Exchange, or its successor. | ||
(bb) Projected capacity prices: | ||
(I) For the delivery years commencing | ||
June 1, 2017, June 1, 2018, and June 1, | ||
2019, the projected capacity price shall | ||
be equal to the sum of (1) 50% multiplied | ||
by the Base Residual Auction, or its | ||
successor, price for the rest of the RTO | ||
zone group as determined by PJM | ||
Interconnection LLC, divided by 24 hours | ||
per day and, (2) 50% multiplied by the | ||
resource auction price determined in the | ||
resource auction administered by the | ||
Midcontinent Independent System Operator, | ||
Inc., in which the largest percentage of | ||
load cleared for Local Resource Zone 4, | ||
divided by 24 hours per day, and where such | ||
price is determined by the Midcontinent | ||
Independent System Operator, Inc. | ||
(II) For the delivery year commencing | ||
June 1, 2020, and each year thereafter, the | ||
projected capacity price shall be equal to | ||
the sum of (1) 50% multiplied by the Base |
Residual Auction, or its successor, price | ||
for the ComEd zone as determined by PJM | ||
Interconnection LLC, divided by 24 hours | ||
per day, and (2) 50% multiplied by the | ||
resource auction price determined in the | ||
resource auction administered by the | ||
Midcontinent Independent System Operator, | ||
Inc., in which the largest percentage of | ||
load cleared for Local Resource Zone 4, | ||
divided by 24 hours per day, and where such | ||
price is determined by the Midcontinent | ||
Independent System Operator, Inc. | ||
For purposes of this subsection (d-5): | ||
"Rest of the RTO" and "ComEd Zone" shall have | ||
the meaning ascribed to them by PJM | ||
Interconnection, LLC. | ||
"RTO" means regional transmission | ||
organization. | ||
(C) No later than 45 days after June 1, 2017 ( the | ||
effective date of Public Act 99-906) this amendatory | ||
Act of the 99th General Assembly , the Agency shall | ||
publish its proposed zero emission standard | ||
procurement plan. The plan shall be consistent with the | ||
provisions of this paragraph (1) and shall provide that | ||
winning bids shall be selected based on public interest | ||
criteria that include, but are not limited to, |
minimizing carbon dioxide emissions that result from | ||
electricity consumed in Illinois and minimizing sulfur | ||
dioxide, nitrogen oxide, and particulate matter | ||
emissions that adversely affect the citizens of this | ||
State. In particular, the selection of winning bids | ||
shall take into account the incremental environmental | ||
benefits resulting from the procurement, such as any | ||
existing environmental benefits that are preserved by | ||
the procurements held under Public Act 99-906 this | ||
amendatory Act of the 99th General Assembly and would | ||
cease to exist if the procurements were not held, | ||
including the preservation of zero emission | ||
facilities. The plan shall also describe in detail how | ||
each public interest factor shall be considered and | ||
weighted in the bid selection process to ensure that | ||
the public interest criteria are applied to the | ||
procurement and given full effect. | ||
For purposes of developing the plan, the Agency | ||
shall consider any reports issued by a State agency, | ||
board, or commission under House Resolution 1146 of the | ||
98th General Assembly and paragraph (4) of subsection | ||
(d) of Section 1-75 of this Act, as well as publicly | ||
available analyses and studies performed by or for | ||
regional transmission organizations that serve the | ||
State and their independent market monitors. | ||
Upon publishing of the zero emission standard |
procurement plan, copies of the plan shall be posted | ||
and made publicly available on the Agency's website. | ||
All interested parties shall have 10 days following the | ||
date of posting to provide comment to the Agency on the | ||
plan. All comments shall be posted to the Agency's | ||
website. Following the end of the comment period, but | ||
no more than 60 days later than June 1, 2017 ( the | ||
effective date of Public Act 99-906) this amendatory | ||
Act of the 99th General Assembly , the Agency shall | ||
revise the plan as necessary based on the comments | ||
received and file its zero emission standard | ||
procurement plan with the Commission. | ||
If the Commission determines that the plan will | ||
result in the procurement of cost-effective zero | ||
emission credits, then the Commission shall, after | ||
notice and hearing, but no later than 45 days after the | ||
Agency filed the plan, approve the plan or approve with | ||
modification. For purposes of this subsection (d-5), | ||
"cost effective" means the projected costs of | ||
procuring zero emission credits from zero emission | ||
facilities do not cause the limit stated in paragraph | ||
(2) of this subsection to be exceeded. | ||
(C-5) As part of the Commission's review and | ||
acceptance or rejection of the procurement results, | ||
the Commission shall, in its public notice of | ||
successful bidders: |
(i) identify how the winning bids satisfy the | ||
public interest criteria described in subparagraph | ||
(C) of this paragraph (1) of minimizing carbon | ||
dioxide emissions that result from electricity | ||
consumed in Illinois and minimizing sulfur | ||
dioxide, nitrogen oxide, and particulate matter | ||
emissions that adversely affect the citizens of | ||
this State; | ||
(ii) specifically address how the selection of | ||
winning bids takes into account the incremental | ||
environmental benefits resulting from the | ||
procurement, including any existing environmental | ||
benefits that are preserved by the procurements | ||
held under Public Act 99-906 this amendatory Act of | ||
the 99th General Assembly and would have ceased to | ||
exist if the procurements had not been held, such | ||
as the preservation of zero emission facilities; | ||
(iii) quantify the environmental benefit of | ||
preserving the resources identified in item (ii) | ||
of this subparagraph (C-5), including the | ||
following: | ||
(aa) the value of avoided greenhouse gas | ||
emissions measured as the product of the zero | ||
emission facilities' output over the contract | ||
term multiplied by the U.S. Environmental | ||
Protection Agency eGrid subregion carbon |
dioxide emission rate and the U.S. Interagency | ||
Working Group on Social Cost of Carbon's price | ||
in the August 2016 Technical Update using a 3% | ||
discount rate, adjusted for inflation for each | ||
delivery year; and | ||
(bb) the costs of replacement with other | ||
zero carbon dioxide resources, including wind | ||
and photovoltaic, based upon the simple | ||
average of the following: | ||
(I) the price, or if there is more than | ||
one price, the average of the prices, paid | ||
for renewable energy credits from new | ||
utility-scale wind projects in the | ||
procurement events specified in item (i) | ||
of subparagraph (G) of paragraph (1) of | ||
subsection (c) of Section 1-75 of this Act; | ||
and | ||
(II) the price, or if there is more | ||
than one price, the average of the prices, | ||
paid for renewable energy credits from new | ||
utility-scale solar projects and | ||
brownfield site photovoltaic projects in | ||
the procurement events specified in item | ||
(ii) of subparagraph (G) of paragraph (1) | ||
of subsection (c) of Section 1-75 of this | ||
Act and, after January 1, 2015, renewable |
energy credits from photovoltaic | ||
distributed generation projects in | ||
procurement events held under subsection | ||
(c) of Section 1-75 of this Act. | ||
Each utility shall enter into binding contractual | ||
arrangements with the winning suppliers. | ||
The procurement described in this subsection | ||
(d-5), including, but not limited to, the execution of | ||
all contracts procured, shall be completed no later | ||
than May 10, 2017. Based on the effective date of | ||
Public Act 99-906 this amendatory Act of the 99th | ||
General Assembly , the Agency and Commission may, as | ||
appropriate, modify the various dates and timelines | ||
under this subparagraph and subparagraphs (C) and (D) | ||
of this paragraph (1). The procurement and plan | ||
approval processes required by this subsection (d-5) | ||
shall be conducted in conjunction with the procurement | ||
and plan approval processes required by subsection (c) | ||
of this Section and Section 16-111.5 of the Public | ||
Utilities Act, to the extent practicable. | ||
Notwithstanding whether a procurement event is | ||
conducted under Section 16-111.5 of the Public | ||
Utilities Act, the Agency shall immediately initiate a | ||
procurement process on June 1, 2017 ( the effective date | ||
of Public Act 99-906) this amendatory Act of the 99th | ||
General Assembly . |
(D) Following the procurement event described in | ||
this paragraph (1) and consistent with subparagraph | ||
(B) of this paragraph (1), the Agency shall calculate | ||
the payments to be made under each contract for the | ||
next delivery year based on the market price index for | ||
that delivery year. The Agency shall publish the | ||
payment calculations no later than May 25, 2017 and | ||
every May 25 thereafter. | ||
(E) Notwithstanding the requirements of this | ||
subsection (d-5), the contracts executed under this | ||
subsection (d-5) shall provide that the zero emission | ||
facility may, as applicable, suspend or terminate | ||
performance under the contracts in the following | ||
instances: | ||
(i) A zero emission facility shall be excused | ||
from its performance under the contract for any | ||
cause beyond the control of the resource, | ||
including, but not restricted to, acts of God, | ||
flood, drought, earthquake, storm, fire, | ||
lightning, epidemic, war, riot, civil disturbance | ||
or disobedience, labor dispute, labor or material | ||
shortage, sabotage, acts of public enemy, | ||
explosions, orders, regulations or restrictions | ||
imposed by governmental, military, or lawfully | ||
established civilian authorities, which, in any of | ||
the foregoing cases, by exercise of commercially |
reasonable efforts the zero emission facility | ||
could not reasonably have been expected to avoid, | ||
and which, by the exercise of commercially | ||
reasonable efforts, it has been unable to | ||
overcome. In such event, the zero emission | ||
facility shall be excused from performance for the | ||
duration of the event, including, but not limited | ||
to, delivery of zero emission credits, and no | ||
payment shall be due to the zero emission facility | ||
during the duration of the event. | ||
(ii) A zero emission facility shall be | ||
permitted to terminate the contract if legislation | ||
is enacted into law by the General Assembly that | ||
imposes or authorizes a new tax, special | ||
assessment, or fee on the generation of | ||
electricity, the ownership or leasehold of a | ||
generating unit, or the privilege or occupation of | ||
such generation, ownership, or leasehold of | ||
generation units by a zero emission facility. | ||
However, the provisions of this item (ii) do not | ||
apply to any generally applicable tax, special | ||
assessment or fee, or requirements imposed by | ||
federal law. | ||
(iii) A zero emission facility shall be | ||
permitted to terminate the contract in the event | ||
that the resource requires capital expenditures in |
excess of $40,000,000 that were neither known nor | ||
reasonably foreseeable at the time it executed the | ||
contract and that a prudent owner or operator of | ||
such resource would not undertake. | ||
(iv) A zero emission facility shall be | ||
permitted to terminate the contract in the event | ||
the Nuclear Regulatory Commission terminates the | ||
resource's license. | ||
(F) If the zero emission facility elects to | ||
terminate a contract under this subparagraph (E, of | ||
this paragraph (1), then the Commission shall reopen | ||
the docket in which the Commission approved the zero | ||
emission standard procurement plan under subparagraph | ||
(C) of this paragraph (1) and, after notice and | ||
hearing, enter an order acknowledging the contract | ||
termination election if such termination is consistent | ||
with the provisions of this subsection (d-5). | ||
(2) For purposes of this subsection (d-5), the amount | ||
paid per kilowatthour means the total amount paid for | ||
electric service expressed on a per kilowatthour basis. For | ||
purposes of this subsection (d-5), the total amount paid | ||
for electric service includes, without limitation, amounts | ||
paid for supply, transmission, distribution, surcharges, | ||
and add-on taxes. | ||
Notwithstanding the requirements of this subsection | ||
(d-5), the contracts executed under this subsection (d-5) |
shall provide that the total of zero emission credits | ||
procured under a procurement plan shall be subject to the | ||
limitations of this paragraph (2). For each delivery year, | ||
the contractual volume receiving payments in such year | ||
shall be reduced for all retail customers based on the | ||
amount necessary to limit the net increase that delivery | ||
year to the costs of those credits included in the amounts | ||
paid by eligible retail customers in connection with | ||
electric service to no more than 1.65% of the amount paid | ||
per kilowatthour by eligible retail customers during the | ||
year ending May 31, 2009. The result of this computation | ||
shall apply to and reduce the procurement for all retail | ||
customers, and all those customers shall pay the same | ||
single, uniform cents per kilowatthour charge under | ||
subsection (k) of Section 16-108 of the Public Utilities | ||
Act. To arrive at a maximum dollar amount of zero emission | ||
credits to be paid for the particular delivery year, the | ||
resulting per kilowatthour amount shall be applied to the | ||
actual amount of kilowatthours of electricity delivered by | ||
the electric utility in the delivery year immediately prior | ||
to the procurement, to all retail customers in its service | ||
territory. Unpaid contractual volume for any delivery year | ||
shall be paid in any subsequent delivery year in which such | ||
payments can be made without exceeding the amount specified | ||
in this paragraph (2). The calculations required by this | ||
paragraph (2) shall be made only once for each procurement |
plan year. Once the determination as to the amount of zero | ||
emission credits to be paid is made based on the | ||
calculations set forth in this paragraph (2), no subsequent | ||
rate impact determinations shall be made and no adjustments | ||
to those contract amounts shall be allowed. All costs | ||
incurred under those contracts and in implementing this | ||
subsection (d-5) shall be recovered by the electric utility | ||
as provided in this Section. | ||
No later than June 30, 2019, the Commission shall | ||
review the limitation on the amount of zero emission | ||
credits procured under this subsection (d-5) and report to | ||
the General Assembly its findings as to whether that | ||
limitation unduly constrains the procurement of | ||
cost-effective zero emission credits. | ||
(3) Six years after the execution of a contract under | ||
this subsection (d-5), the Agency shall determine whether | ||
the actual zero emission credit payments received by the | ||
supplier over the 6-year period exceed the Average ZEC | ||
Payment. In addition, at the end of the term of a contract | ||
executed under this subsection (d-5), or at the time, if | ||
any, a zero emission facility's contract is terminated | ||
under subparagraph (E) of paragraph (1) of this subsection | ||
(d-5), then the Agency shall determine whether the actual | ||
zero emission credit payments received by the supplier over | ||
the term of the contract exceed the Average ZEC Payment, | ||
after taking into account any amounts previously credited |
back to the utility under this paragraph (3). If the Agency | ||
determines that the actual zero emission credit payments | ||
received by the supplier over the relevant period exceed | ||
the Average ZEC Payment, then the supplier shall credit the | ||
difference back to the utility. The amount of the credit | ||
shall be remitted to the applicable electric utility no | ||
later than 120 days after the Agency's determination, which | ||
the utility shall reflect as a credit on its retail | ||
customer bills as soon as practicable; however, the credit | ||
remitted to the utility shall not exceed the total amount | ||
of payments received by the facility under its contract. | ||
For purposes of this Section, the Average ZEC Payment | ||
shall be calculated by multiplying the quantity of zero | ||
emission credits delivered under the contract times the | ||
average contract price. The average contract price shall be | ||
determined by subtracting the amount calculated under | ||
subparagraph (B) of this paragraph (3) from the amount | ||
calculated under subparagraph (A) of this paragraph (3), as | ||
follows: | ||
(A) The average of the Social Cost of Carbon, as | ||
defined in subparagraph (B) of paragraph (1) of this | ||
subsection (d-5), during the term of the contract. | ||
(B) The average of the market price indices, as | ||
defined in subparagraph (B) of paragraph (1) of this | ||
subsection (d-5), during the term of the contract, | ||
minus the baseline market price index, as defined in |
subparagraph (B) of paragraph (1) of this subsection | ||
(d-5). | ||
If the subtraction yields a negative number, then the | ||
Average ZEC Payment shall be zero. | ||
(4) Cost-effective zero emission credits procured from | ||
zero emission facilities shall satisfy the applicable | ||
definitions set forth in Section 1-10 of this Act. | ||
(5) The electric utility shall retire all zero emission | ||
credits used to comply with the requirements of this | ||
subsection (d-5). | ||
(6) Electric utilities shall be entitled to recover all | ||
of the costs associated with the procurement of zero | ||
emission credits through an automatic adjustment clause | ||
tariff in accordance with subsection (k) and (m) of Section | ||
16-108 of the Public Utilities Act, and the contracts | ||
executed under this subsection (d-5) shall provide that the | ||
utilities' payment obligations under such contracts shall | ||
be reduced if an adjustment is required under subsection | ||
(m) of Section 16-108 of the Public Utilities Act. | ||
(7) This subsection (d-5) shall become inoperative on | ||
January 1, 2028. | ||
(e) The draft procurement plans are subject to public | ||
comment, as required by Section 16-111.5 of the Public | ||
Utilities Act. | ||
(f) The Agency shall submit the final procurement plan to | ||
the Commission. The Agency shall revise a procurement plan if |
the Commission determines that it does not meet the standards | ||
set forth in Section 16-111.5 of the Public Utilities Act. | ||
(g) The Agency shall assess fees to each affected utility | ||
to recover the costs incurred in preparation of the annual | ||
procurement plan for the utility. | ||
(h) The Agency shall assess fees to each bidder to recover | ||
the costs incurred in connection with a competitive procurement | ||
process.
| ||
(i) A renewable energy credit, carbon emission credit, or | ||
zero emission credit can only be used once to comply with a | ||
single portfolio or other standard as set forth in subsection | ||
(c), subsection (d), or subsection (d-5) of this Section, | ||
respectively. A renewable energy credit, carbon emission | ||
credit, or zero emission credit cannot be used to satisfy the | ||
requirements of more than one standard. If more than one type | ||
of credit is issued for the same megawatt hour of energy, only | ||
one credit can be used to satisfy the requirements of a single | ||
standard. After such use, the credit must be retired together | ||
with any other credits issued for the same megawatt hour of | ||
energy. | ||
(Source: P.A. 98-463, eff. 8-16-13; 99-536, eff. 7-8-16; | ||
99-906, eff. 6-1-17; revised 1-22-18.) | ||
Section 130. The Illinois African-American Family | ||
Commission Act is amended by changing Section 15 as follows: |
(20 ILCS 3903/15) | ||
Sec. 15. Purpose and objectives.
(a) The purpose of the | ||
Illinois African-American Family Commission is to advise the | ||
Governor and General Assembly, as well as work directly with | ||
State agencies, to improve and expand existing policies, | ||
services, programs, and opportunities for African-American | ||
families. The Illinois African-American Family Commission | ||
shall guide the efforts of and collaborate with State agencies, | ||
including: the Department on Aging, the Department of Children | ||
and Family Services, the Department of Commerce and Economic | ||
Opportunity, the Department of Corrections, the Department of | ||
Human Services, the Department of Healthcare and Family | ||
Services, the Department of Public Health, the Department of | ||
Transportation, the Department of Employment Security, and | ||
others. This shall be achieved primarily by:
| ||
(1) monitoring and commenting on existing and proposed | ||
legislation and programs designed to address the needs of | ||
African-Americans in Illinois;
| ||
(2) assisting State agencies in developing programs, | ||
services, public policies, and research strategies that | ||
will expand and enhance the social and economic well-being | ||
of African-American children and families;
| ||
(3) facilitating the participation of and | ||
representation of African-Americans in the development, | ||
implementation, and planning of policies, programs, and | ||
services; and
|
(4) promoting research efforts to document the impact | ||
of policies and programs on African-American families. | ||
The work of the Illinois African-American Family | ||
Commission shall include the use of existing reports, research | ||
and planning efforts, procedures, and programs.
| ||
(Source: P.A. 98-693, eff. 1-1-15; revised 9-22-17.) | ||
Section 140. The State Finance Act is amended by setting | ||
forth and renumbering multiple versions of Sections 5.875, | ||
5.878, and 6z-102 and by amending Sections 8.3, 8.12, 8g, and | ||
13.2 as follows: | ||
(30 ILCS 105/5.875) | ||
Sec. 5.875. The Roadside Monarch Habitat Fund. | ||
(Source: P.A. 99-723, eff. 8-5-16; 100-201, eff. 8-18-17.) | ||
(30 ILCS 105/5.877) | ||
Sec. 5.877 5.875 . The Horsemen's Council of Illinois Fund. | ||
(Source: P.A. 100-78, eff. 1-1-18; revised 10-11-17.) | ||
(30 ILCS 105/5.878) | ||
Sec. 5.878. The Healthy Local Food Incentives Fund. | ||
(Source: P.A. 99-928, eff. 1-20-17.) | ||
(30 ILCS 105/5.879) | ||
Sec. 5.879 5.878 . The Income Tax Bond Fund. |
(Source: P.A. 100-23, eff. 7-6-17; revised 10-11-17.) | ||
(30 ILCS 105/5.880) | ||
Sec. 5.880 5.878 . The Prostate Cancer Awareness Fund. | ||
(Source: P.A. 100-60, eff. 1-1-18; revised 10-11-17.) | ||
(30 ILCS 105/5.881) | ||
Sec. 5.881 5.878 . The Thriving Youth Income Tax Checkoff | ||
Fund. | ||
(Source: P.A. 100-329, eff. 8-24-17; revised 10-11-17.) | ||
(30 ILCS 105/5.882) | ||
Sec. 5.882 5.878 . The Police Training Academy Job Training | ||
Program and Scholarship Fund. | ||
(Source: P.A. 100-331, eff. 1-1-18; revised 10-11-17.) | ||
(30 ILCS 105/5.883) | ||
Sec. 5.883 5.878 . The BHE Data and Research Cost Recovery | ||
Fund. | ||
(Source: P.A. 100-417, eff. 8-25-17; revised 10-11-17.) | ||
(30 ILCS 105/5.884) | ||
Sec. 5.884 5.878 . The Rental Purchase Agreement Tax Refund | ||
Fund. | ||
(Source: P.A. 100-437, eff. 1-1-18; revised 10-11-17.) |
(30 ILCS 105/6z-102) | ||
Sec. 6z-102. Thriving Youth Income Tax Checkoff Fund; | ||
creation. The Thriving Youth Income Tax Checkoff Fund is | ||
created as a special fund in the State treasury. Moneys in the | ||
Fund shall be used by the Department of Human Services for the | ||
purpose of making grants to providers delivering non-Medicaid | ||
services for community-based youth programs in the State.
| ||
(Source: P.A. 100-329, eff. 8-24-17.) | ||
(30 ILCS 105/6z-103) | ||
Sec. 6z-103 6z-102 . The Police Training Academy Job | ||
Training Program and Scholarship Fund. | ||
(a) A Police Training Academy Job Training Program and | ||
Scholarship Fund is created as a special fund in the State | ||
treasury and shall be used to support program and scholarship | ||
activities of the police training academy job training and | ||
scholarship programs established under Section 22-83 of the | ||
School Code and Section 65.95 of the Higher Education Student | ||
Assistance Act. Moneys from fees, gifts, grants, and donations | ||
received by the State Board of Education and Illinois Student | ||
Assistance Commission for purposes of supporting these | ||
programs and scholarships shall be deposited into the Police | ||
Training Academy Job Training Program and Scholarship Fund. | ||
(b) The State Board of Education; the Illinois Student | ||
Assistance Commission; and participating counties, school | ||
districts, and law enforcement partners may seek federal, |
State, and private funds to support the police training academy | ||
job training and scholarship programs established under | ||
Section 22-83 of the School Code and Section 65.95 of the | ||
Higher Education Student Assistance Act.
| ||
(Source: P.A. 100-331, eff. 1-1-18; revised 10-21-17.) | ||
(30 ILCS 105/6z-104) | ||
Sec. 6z-104 6z-102 . The Rental Purchase Agreement Tax | ||
Refund Fund. | ||
(a) The Rental Purchase Agreement Tax Refund Fund is hereby | ||
created as a special fund in the State treasury. Moneys in the | ||
Fund shall be used by the Department of Revenue to pay refunds | ||
of Rental Purchase Agreement Tax in the manner provided in | ||
Section 6 of the Retailers' Occupation Tax Act and Section 19 | ||
of the Use Tax Act, as incorporated into Sections 10 and 15 of | ||
the Rental Purchase Agreement Tax Act. | ||
(b) Moneys in the Rental Purchase Agreement Tax Refund Fund | ||
shall be expended exclusively for the purpose of paying refunds | ||
pursuant to this Section. | ||
(c) The Director of Revenue shall order payment of refunds | ||
under this Section from the Rental Purchase Agreement Tax | ||
Refund Fund only to the extent that amounts collected pursuant | ||
to Sections 10 and 15 of the Rental Purchase Agreement | ||
Occupation and Use Tax Act have been deposited and retained in | ||
the Fund. | ||
As soon as possible after the end of each fiscal year, the |
Director of Revenue shall order transferred, and the State | ||
Treasurer and State Comptroller shall transfer from the Rental | ||
Purchase Agreement Tax Refund Fund to the General Revenue Fund, | ||
any surplus remaining as of the end of such fiscal year. | ||
This Section shall constitute an irrevocable and | ||
continuing appropriation from the Rental Purchase Agreement | ||
Tax Refund Fund for the purpose of paying refunds in accordance | ||
with the provisions of this Section.
| ||
(Source: P.A. 100-437, eff. 1-1-18; revised 10-21-17.) | ||
(30 ILCS 105/8.3) (from Ch. 127, par. 144.3) | ||
Sec. 8.3. Money in the Road Fund shall, if and when the | ||
State of
Illinois incurs any bonded indebtedness for the | ||
construction of
permanent highways, be set aside and used for | ||
the purpose of paying and
discharging annually the principal | ||
and interest on that bonded
indebtedness then due and payable, | ||
and for no other purpose. The
surplus, if any, in the Road Fund | ||
after the payment of principal and
interest on that bonded | ||
indebtedness then annually due shall be used as
follows: | ||
first -- to pay the cost of administration of Chapters | ||
2 through 10 of
the Illinois Vehicle Code, except the cost | ||
of administration of Articles I and
II of Chapter 3 of that | ||
Code; and | ||
secondly -- for expenses of the Department of | ||
Transportation for
construction, reconstruction, | ||
improvement, repair, maintenance,
operation, and |
administration of highways in accordance with the
| ||
provisions of laws relating thereto, or for any purpose | ||
related or
incident to and connected therewith, including | ||
the separation of grades
of those highways with railroads | ||
and with highways and including the
payment of awards made | ||
by the Illinois Workers' Compensation Commission under the | ||
terms of
the Workers' Compensation Act or Workers' | ||
Occupational Diseases Act for
injury or death of an | ||
employee of the Division of Highways in the
Department of | ||
Transportation; or for the acquisition of land and the
| ||
erection of buildings for highway purposes, including the | ||
acquisition of
highway right-of-way or for investigations | ||
to determine the reasonably
anticipated future highway | ||
needs; or for making of surveys, plans,
specifications and | ||
estimates for and in the construction and maintenance
of | ||
flight strips and of highways necessary to provide access | ||
to military
and naval reservations, to defense industries | ||
and defense-industry
sites, and to the sources of raw | ||
materials and for replacing existing
highways and highway | ||
connections shut off from general public use at
military | ||
and naval reservations and defense-industry sites, or for | ||
the
purchase of right-of-way, except that the State shall | ||
be reimbursed in
full for any expense incurred in building | ||
the flight strips; or for the
operating and maintaining of | ||
highway garages; or for patrolling and
policing the public | ||
highways and conserving the peace; or for the operating |
expenses of the Department relating to the administration | ||
of public transportation programs; or, during fiscal year | ||
2012 only, for the purposes of a grant not to exceed | ||
$8,500,000 to the Regional Transportation Authority on | ||
behalf of PACE for the purpose of ADA/Para-transit | ||
expenses; or, during fiscal year 2013 only, for the | ||
purposes of a grant not to exceed $3,825,000 to the | ||
Regional Transportation Authority on behalf of PACE for the | ||
purpose of ADA/Para-transit expenses; or, during fiscal | ||
year 2014 only, for the purposes of a grant not to exceed | ||
$3,825,000 to the Regional Transportation Authority on | ||
behalf of PACE for the purpose of ADA/Para-transit | ||
expenses; or, during fiscal year 2015 only, for the | ||
purposes of a grant not to exceed $3,825,000 to the | ||
Regional Transportation Authority on behalf of PACE for the | ||
purpose of ADA/Para-transit expenses; or, during fiscal | ||
year 2016 only, for the purposes of a grant not to exceed | ||
$3,825,000 to the Regional Transportation Authority on | ||
behalf of PACE for the purpose of ADA/Para-transit | ||
expenses; or, during fiscal year 2017 only, for the | ||
purposes of a grant not to exceed $3,825,000 to the | ||
Regional Transportation Authority on behalf of PACE for the | ||
purpose of ADA/Para-transit expenses; or for any of
those | ||
purposes or any other purpose that may be provided by law. | ||
Appropriations for any of those purposes are payable from | ||
the Road
Fund. Appropriations may also be made from the Road |
Fund for the
administrative expenses of any State agency that | ||
are related to motor
vehicles or arise from the use of motor | ||
vehicles. | ||
Beginning with fiscal year 1980 and thereafter, no Road | ||
Fund monies
shall be appropriated to the following Departments | ||
or agencies of State
government for administration, grants, or | ||
operations; but this
limitation is not a restriction upon | ||
appropriating for those purposes any
Road Fund monies that are | ||
eligible for federal reimbursement : ; | ||
1. Department of Public Health; | ||
2. Department of Transportation, only with respect to | ||
subsidies for
one-half fare Student Transportation and | ||
Reduced Fare for Elderly, except during fiscal year 2012 | ||
only when no more than $40,000,000 may be expended and | ||
except during fiscal year 2013 only when no more than | ||
$17,570,300 may be expended and except during fiscal year | ||
2014 only when no more than $17,570,000 may be expended and | ||
except during fiscal year 2015 only when no more than | ||
$17,570,000 may be expended and except during fiscal year | ||
2016 only when no more than $17,570,000 may be expended and | ||
except during fiscal year 2017 only when no more than | ||
$17,570,000 may be expended; | ||
3. Department of Central Management
Services, except | ||
for expenditures
incurred for group insurance premiums of | ||
appropriate personnel; | ||
4. Judicial Systems and Agencies. |
Beginning with fiscal year 1981 and thereafter, no Road | ||
Fund monies
shall be appropriated to the following Departments | ||
or agencies of State
government for administration, grants, or | ||
operations; but this
limitation is not a restriction upon | ||
appropriating for those purposes any
Road Fund monies that are | ||
eligible for federal reimbursement: | ||
1. Department of State Police, except for expenditures | ||
with
respect to the Division of Operations; | ||
2. Department of Transportation, only with respect to | ||
Intercity Rail
Subsidies, except during fiscal year 2012 | ||
only when no more than $40,000,000 may be expended and | ||
except during fiscal year 2013 only when no more than | ||
$26,000,000 may be expended and except during fiscal year | ||
2014 only when no more than $38,000,000 may be expended and | ||
except during fiscal year 2015 only when no more than | ||
$42,000,000 may be expended and except during fiscal year | ||
2016 only when no more than $38,300,000 may be expended and | ||
except during fiscal year 2017 only when no more than | ||
$50,000,000 may be expended and except during fiscal year | ||
2018 only when no more than $52,000,000 may be expended, | ||
and Rail Freight Services. | ||
Beginning with fiscal year 1982 and thereafter, no Road | ||
Fund monies
shall be appropriated to the following Departments | ||
or agencies of State
government for administration, grants, or | ||
operations; but this
limitation is not a restriction upon | ||
appropriating for those purposes any
Road Fund monies that are |
eligible for federal reimbursement: Department
of Central | ||
Management Services, except for awards made by
the Illinois | ||
Workers' Compensation Commission under the terms of the | ||
Workers' Compensation Act
or Workers' Occupational Diseases | ||
Act for injury or death of an employee of
the Division of | ||
Highways in the Department of Transportation. | ||
Beginning with fiscal year 1984 and thereafter, no Road | ||
Fund monies
shall be appropriated to the following Departments | ||
or agencies of State
government for administration, grants, or | ||
operations; but this
limitation is not a restriction upon | ||
appropriating for those purposes any
Road Fund monies that are | ||
eligible for federal reimbursement: | ||
1. Department of State Police, except not more than 40% | ||
of the
funds appropriated for the Division of Operations; | ||
2. State Officers. | ||
Beginning with fiscal year 1984 and thereafter, no Road | ||
Fund monies
shall be appropriated to any Department or agency | ||
of State government
for administration, grants, or operations | ||
except as provided hereafter;
but this limitation is not a | ||
restriction upon appropriating for those
purposes any Road Fund | ||
monies that are eligible for federal
reimbursement. It shall | ||
not be lawful to circumvent the above
appropriation limitations | ||
by governmental reorganization or other
methods. | ||
Appropriations shall be made from the Road Fund only in
| ||
accordance with the provisions of this Section. | ||
Money in the Road Fund shall, if and when the State of |
Illinois
incurs any bonded indebtedness for the construction of | ||
permanent
highways, be set aside and used for the purpose of | ||
paying and
discharging during each fiscal year the principal | ||
and interest on that
bonded indebtedness as it becomes due and | ||
payable as provided in the
Transportation Bond Act, and for no | ||
other
purpose. The surplus, if any, in the Road Fund after the | ||
payment of
principal and interest on that bonded indebtedness | ||
then annually due
shall be used as follows: | ||
first -- to pay the cost of administration of Chapters | ||
2 through 10
of the Illinois Vehicle Code; and | ||
secondly -- no Road Fund monies derived from fees, | ||
excises, or
license taxes relating to registration, | ||
operation and use of vehicles on
public highways or to | ||
fuels used for the propulsion of those vehicles,
shall be | ||
appropriated or expended other than for costs of | ||
administering
the laws imposing those fees, excises, and | ||
license taxes, statutory
refunds and adjustments allowed | ||
thereunder, administrative costs of the
Department of | ||
Transportation, including, but not limited to, the | ||
operating expenses of the Department relating to the | ||
administration of public transportation programs, payment | ||
of debts and liabilities incurred
in construction and | ||
reconstruction of public highways and bridges,
acquisition | ||
of rights-of-way for and the cost of construction,
| ||
reconstruction, maintenance, repair, and operation of | ||
public highways and
bridges under the direction and |
supervision of the State, political
subdivision, or | ||
municipality collecting those monies, or during fiscal | ||
year 2012 only for the purposes of a grant not to exceed | ||
$8,500,000 to the Regional Transportation Authority on | ||
behalf of PACE for the purpose of ADA/Para-transit | ||
expenses, or during fiscal year 2013 only for the purposes | ||
of a grant not to exceed $3,825,000 to the Regional | ||
Transportation Authority on behalf of PACE for the purpose | ||
of ADA/Para-transit expenses, or during fiscal year 2014 | ||
only for the purposes of a grant not to exceed $3,825,000 | ||
to the Regional Transportation Authority on behalf of PACE | ||
for the purpose of ADA/Para-transit expenses, or during | ||
fiscal year 2015 only for the purposes of a grant not to | ||
exceed $3,825,000 to the Regional Transportation Authority | ||
on behalf of PACE for the purpose of ADA/Para-transit | ||
expenses, or during fiscal year 2016 only for the purposes | ||
of a grant not to exceed $3,825,000 to the Regional | ||
Transportation Authority on behalf of PACE for the purpose | ||
of ADA/Para-transit expenses, or during fiscal year 2017 | ||
only for the purposes of a grant not to exceed $3,825,000 | ||
to the Regional Transportation Authority on behalf of PACE | ||
for the purpose of ADA/Para-transit expenses, and the costs | ||
for
patrolling and policing the public highways (by State, | ||
political
subdivision, or municipality collecting that | ||
money) for enforcement of
traffic laws. The separation of | ||
grades of such highways with railroads
and costs associated |
with protection of at-grade highway and railroad
crossing | ||
shall also be permissible. | ||
Appropriations for any of such purposes are payable from | ||
the Road
Fund or the Grade Crossing Protection Fund as provided | ||
in Section 8 of
the Motor Fuel Tax Law. | ||
Except as provided in this paragraph, beginning with fiscal | ||
year 1991 and
thereafter, no Road Fund monies
shall be | ||
appropriated to the Department of State Police for the purposes | ||
of
this Section in excess of its total fiscal year 1990 Road | ||
Fund
appropriations for those purposes unless otherwise | ||
provided in Section 5g of
this Act.
For fiscal years 2003,
| ||
2004, 2005, 2006, and 2007 only, no Road Fund monies shall
be | ||
appropriated to the
Department of State Police for the purposes | ||
of this Section in excess of
$97,310,000.
For fiscal year 2008 | ||
only, no Road
Fund monies shall be appropriated to the | ||
Department of State Police for the purposes of
this Section in | ||
excess of $106,100,000. For fiscal year 2009 only, no Road Fund | ||
monies shall be appropriated to the Department of State Police | ||
for the purposes of this Section in excess of $114,700,000. | ||
Beginning in fiscal year 2010, no road fund moneys shall be | ||
appropriated to the Department of State Police. It shall not be | ||
lawful to circumvent this limitation on
appropriations by | ||
governmental reorganization or other methods unless
otherwise | ||
provided in Section 5g of this Act. | ||
In fiscal year 1994, no Road Fund monies shall be | ||
appropriated
to the
Secretary of State for the purposes of this |
Section in excess of the total
fiscal year 1991 Road Fund | ||||||||||||||||||||||
appropriations to the Secretary of State for
those purposes, | ||||||||||||||||||||||
plus $9,800,000. It
shall not be
lawful to circumvent
this | ||||||||||||||||||||||
limitation on appropriations by governmental reorganization or | ||||||||||||||||||||||
other
method. | ||||||||||||||||||||||
Beginning with fiscal year 1995 and thereafter, no Road | ||||||||||||||||||||||
Fund
monies
shall be appropriated to the Secretary of State for | ||||||||||||||||||||||
the purposes of this
Section in excess of the total fiscal year | ||||||||||||||||||||||
1994 Road Fund
appropriations to
the Secretary of State for | ||||||||||||||||||||||
those purposes. It shall not be lawful to
circumvent this | ||||||||||||||||||||||
limitation on appropriations by governmental reorganization
or | ||||||||||||||||||||||
other methods. | ||||||||||||||||||||||
Beginning with fiscal year 2000, total Road Fund | ||||||||||||||||||||||
appropriations to the
Secretary of State for the purposes of | ||||||||||||||||||||||
this Section shall not exceed the
amounts specified for the | ||||||||||||||||||||||
following fiscal years: | ||||||||||||||||||||||
|
For fiscal year 2010, no road fund moneys shall be | ||
appropriated to the Secretary of State. | ||
Beginning in fiscal year 2011, moneys in the Road Fund | ||
shall be appropriated to the Secretary of State for the | ||
exclusive purpose of paying refunds due to overpayment of fees | ||
related to Chapter 3 of the Illinois Vehicle Code unless | ||
otherwise provided for by law. | ||
It shall not be lawful to circumvent this limitation on | ||
appropriations by
governmental reorganization or other | ||
methods. | ||
No new program may be initiated in fiscal year 1991 and
| ||
thereafter that is not consistent with the limitations imposed | ||
by this
Section for fiscal year 1984 and thereafter, insofar as | ||
appropriation of
Road Fund monies is concerned. | ||
Nothing in this Section prohibits transfers from the Road | ||
Fund to the
State Construction Account Fund under Section 5e of | ||
this Act; nor to the
General Revenue Fund, as authorized by | ||
Public Act 93-25 this amendatory Act of
the 93rd
General | ||
Assembly . | ||
The additional amounts authorized for expenditure in this | ||
Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
| ||
shall be repaid to the Road Fund
from the General Revenue Fund | ||
in the next succeeding fiscal year that the
General Revenue | ||
Fund has a positive budgetary balance, as determined by
| ||
generally accepted accounting principles applicable to | ||
government. |
The additional amounts authorized for expenditure by the | ||
Secretary of State
and
the Department of State Police in this | ||
Section by Public Act 94-91 this amendatory Act of the
94th | ||
General Assembly shall be repaid to the Road Fund from the | ||
General Revenue Fund in the
next
succeeding fiscal year that | ||
the General Revenue Fund has a positive budgetary
balance,
as | ||
determined by generally accepted accounting principles | ||
applicable to
government. | ||
(Source: P.A. 99-523, eff. 6-30-16; 100-23, eff. 7-6-17; | ||
revised 10-11-17.)
| ||
(30 ILCS 105/8.12)
(from Ch. 127, par. 144.12)
| ||
Sec. 8.12. State Pensions Fund.
| ||
(a) The moneys in the State Pensions Fund shall be used | ||
exclusively
for the administration of the Revised Uniform | ||
Unclaimed Property Act and
for the expenses incurred by the | ||
Auditor General for administering the provisions of Section | ||
2-8.1 of the Illinois State Auditing Act and for operational | ||
expenses of the Office of the State Treasurer and for the | ||
funding of the unfunded liabilities of the designated | ||
retirement systems. Beginning in State fiscal year 2019, | ||
payments to the designated retirement systems under this | ||
Section shall be in addition to, and not in lieu of, any State | ||
contributions required under the Illinois Pension Code.
| ||
"Designated retirement systems" means:
| ||
(1) the State Employees' Retirement System of |
Illinois;
| ||
(2) the Teachers' Retirement System of the State of | ||
Illinois;
| ||
(3) the State Universities Retirement System;
| ||
(4) the Judges Retirement System of Illinois; and
| ||
(5) the General Assembly Retirement System.
| ||
(b) Each year the General Assembly may make appropriations | ||
from
the State Pensions Fund for the administration of the | ||
Revised Uniform
Unclaimed Property Act.
| ||
(c) As soon as possible after July 30, 2004 ( the effective | ||
date of Public Act 93-839) this amendatory Act of the 93rd | ||
General Assembly , the General Assembly shall appropriate from | ||
the State Pensions Fund (1) to the State Universities | ||
Retirement System the amount certified under Section 15-165 | ||
during the prior year, (2) to the Judges Retirement System of | ||
Illinois the amount certified under Section 18-140 during the | ||
prior year, and (3) to the General Assembly Retirement System | ||
the amount certified under Section 2-134 during the prior year | ||
as part of the required
State contributions to each of those | ||
designated retirement systems; except that amounts | ||
appropriated under this subsection (c) in State fiscal year | ||
2005 shall not reduce the amount in the State Pensions Fund | ||
below $5,000,000. If the amount in the State Pensions Fund does | ||
not exceed the sum of the amounts certified in Sections 15-165, | ||
18-140, and 2-134 by at least $5,000,000, the amount paid to | ||
each designated retirement system under this subsection shall |
be reduced in proportion to the amount certified by each of | ||
those designated retirement systems.
| ||
(c-5) For fiscal years 2006 through 2018, the General | ||
Assembly shall appropriate from the State Pensions Fund to the | ||
State Universities Retirement System the amount estimated to be | ||
available during the fiscal year in the State Pensions Fund; | ||
provided, however, that the amounts appropriated under this | ||
subsection (c-5) shall not reduce the amount in the State | ||
Pensions Fund below $5,000,000.
| ||
(c-6) For fiscal year 2019 and each fiscal year thereafter, | ||
as soon as may be practical after any money is deposited into | ||
the State Pensions Fund from the Unclaimed Property Trust Fund, | ||
the State Treasurer shall apportion the deposited amount among | ||
the designated retirement systems as defined in subsection (a) | ||
to reduce their actuarial reserve deficiencies. The State | ||
Comptroller and State Treasurer shall pay the apportioned | ||
amounts to the designated retirement systems to fund the | ||
unfunded liabilities of the designated retirement systems. The | ||
amount apportioned to each designated retirement system shall | ||
constitute a portion of the amount estimated to be available | ||
for appropriation from the State Pensions Fund that is the same | ||
as that retirement system's portion of the total actual reserve | ||
deficiency of the systems, as determined annually by the | ||
Governor's Office of Management and Budget at the request of | ||
the State Treasurer. The amounts apportioned under this | ||
subsection shall not reduce the amount in the State Pensions |
Fund below $5,000,000. | ||
(d) The
Governor's Office of Management and Budget shall | ||
determine the individual and total
reserve deficiencies of the | ||
designated retirement systems. For this purpose,
the
| ||
Governor's Office of Management and Budget shall utilize the | ||
latest available audit and actuarial
reports of each of the | ||
retirement systems and the relevant reports and
statistics of | ||
the Public Employee Pension Fund Division of the Department of
| ||
Insurance.
| ||
(d-1) As soon as practicable after March 5, 2004 ( the | ||
effective date of Public Act 93-665) this
amendatory Act of the | ||
93rd General Assembly , the Comptroller shall
direct and the | ||
Treasurer shall transfer from the State Pensions Fund to
the | ||
General Revenue Fund, as funds become available, a sum equal to | ||
the
amounts that would have been paid
from the State Pensions | ||
Fund to the Teachers' Retirement System of the State
of | ||
Illinois,
the State Universities Retirement System, the Judges | ||
Retirement
System of Illinois, the
General Assembly Retirement | ||
System, and the State Employees'
Retirement System
of Illinois
| ||
after March 5, 2004 ( the effective date of Public Act 93-665) | ||
this
amendatory Act during the remainder of fiscal year 2004 to | ||
the
designated retirement systems from the appropriations | ||
provided for in
this Section if the transfers provided in | ||
Section 6z-61 had not
occurred. The transfers described in this | ||
subsection (d-1) are to
partially repay the General Revenue | ||
Fund for the costs associated with
the bonds used to fund the |
moneys transferred to the designated
retirement systems under | ||
Section 6z-61.
| ||
(e) The changes to this Section made by Public Act 88-593 | ||
this amendatory Act of 1994 shall
first apply to distributions | ||
from the Fund for State fiscal year 1996.
| ||
(Source: P.A. 99-8, eff. 7-9-15; 99-78, eff. 7-20-15; 99-523, | ||
eff. 6-30-16; 100-22, eff. 1-1-18; 100-23, eff. 7-6-17; revised | ||
8-8-17.)
| ||
(30 ILCS 105/8g) | ||
Sec. 8g. Fund transfers. | ||
(a) In addition to any other transfers that may be provided | ||
for by law, as
soon as may be practical after June 9, 1999 (the | ||
effective date of Public Act 91-25), the State Comptroller | ||
shall direct and the State
Treasurer shall transfer the sum of | ||
$10,000,000 from the General Revenue Fund
to the Motor Vehicle | ||
License Plate Fund created by Public Act 91-37. | ||
(b) In addition to any other transfers that may be provided | ||
for by law, as
soon as may be practical after June 9, 1999 (the | ||
effective date of Public Act 91-25), the State Comptroller | ||
shall direct and the State
Treasurer shall transfer the sum of | ||
$25,000,000 from the General Revenue Fund
to the Fund for | ||
Illinois' Future created by Public Act 91-38. | ||
(c) In addition to any other transfers that may be provided | ||
for by law,
on August 30 of each fiscal year's license period, | ||
the Illinois Liquor Control
Commission shall direct and the |
State Comptroller and State Treasurer shall
transfer from the | ||
General Revenue Fund to the Youth Alcoholism and Substance
| ||
Abuse Prevention Fund an amount equal to the number of retail | ||
liquor licenses
issued for that fiscal year multiplied by $50. | ||
(d) The payments to programs required under subsection (d) | ||
of Section 28.1
of the Illinois Horse Racing Act of 1975 shall | ||
be made, pursuant to appropriation, from
the special funds | ||
referred to in the statutes cited in that subsection, rather
| ||
than directly from the General Revenue Fund. | ||
Beginning January 1, 2000, on the first day of each month, | ||
or as soon
as may be practical thereafter, the State | ||
Comptroller shall direct and the
State Treasurer shall transfer | ||
from the General Revenue Fund to each of the
special funds from | ||
which payments are to be made under subsection (d) of Section | ||
28.1 of the Illinois
Horse Racing Act of 1975 an amount equal | ||
to 1/12 of the annual amount required
for those payments from | ||
that special fund, which annual amount shall not exceed
the | ||
annual amount for those payments from that special fund for the | ||
calendar
year 1998. The special funds to which transfers shall | ||
be made under this
subsection (d) include, but are not | ||
necessarily limited to, the Agricultural
Premium Fund; the | ||
Metropolitan Exposition, Auditorium and Office Building Fund;
| ||
the Fair and Exposition Fund; the Illinois Standardbred | ||
Breeders Fund; the Illinois Thoroughbred
Breeders Fund; and the | ||
Illinois Veterans' Rehabilitation Fund. Except for transfers | ||
attributable to prior fiscal years, during State fiscal year |
2018 only, no transfers shall be made from the General Revenue | ||
Fund to the Agricultural Premium Fund, the Fair and Exposition | ||
Fund, the Illinois Standardbred Breeders Fund, or the Illinois | ||
Thoroughbred Breeders Fund. | ||
(e) In addition to any other transfers that may be provided | ||
for by law,
as soon as may be practical after May 17, 2000 (the | ||
effective date of Public Act 91-704), but in no event later | ||
than June 30, 2000, the State
Comptroller shall direct and the | ||
State Treasurer shall transfer the sum of
$15,000,000 from the | ||
General Revenue Fund to the Fund for Illinois' Future. | ||
(f) In addition to any other transfers that may be provided | ||
for by law,
as soon as may be practical after May 17, 2000 (the | ||
effective date of Public Act 91-704), but in no event later | ||
than June 30, 2000, the State
Comptroller shall direct and the | ||
State Treasurer shall transfer the sum of
$70,000,000 from the | ||
General Revenue Fund to the Long-Term Care Provider
Fund. | ||
(f-1) In fiscal year 2002, in addition to any other | ||
transfers that may
be provided for by law, at the direction of | ||
and upon notification from the
Governor, the State Comptroller | ||
shall direct and the State Treasurer shall
transfer amounts not | ||
exceeding a total of $160,000,000 from the General
Revenue Fund | ||
to the Long-Term Care Provider Fund. | ||
(g) In addition to any other transfers that may be provided | ||
for by law,
on July 1, 2001, or as soon thereafter as may be | ||
practical, the State
Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of
$1,200,000 from the General |
Revenue Fund to the Violence Prevention Fund. | ||
(h) In each of fiscal years 2002 through 2004, but not
| ||
thereafter, in
addition to any other transfers that may be | ||
provided for by law, the State
Comptroller shall direct and the | ||
State Treasurer shall transfer $5,000,000
from the General | ||
Revenue Fund to the Tourism Promotion Fund. | ||
(i) On or after July 1, 2001 and until May 1, 2002, in | ||
addition to any
other transfers that may be provided for by | ||
law, at the direction of and upon
notification from the | ||
Governor, the State Comptroller shall direct and the
State | ||
Treasurer shall transfer amounts not exceeding a total of | ||
$80,000,000
from the General Revenue Fund to the Tobacco | ||
Settlement Recovery Fund.
Any amounts so transferred shall be | ||
re-transferred by the State Comptroller
and the State Treasurer | ||
from the Tobacco Settlement Recovery Fund to the
General | ||
Revenue Fund at the direction of and upon notification from the
| ||
Governor, but in any event on or before June 30, 2002. | ||
(i-1) On or after July 1, 2002 and until May 1, 2003, in | ||
addition to any
other transfers that may be provided for by | ||
law, at the direction of and upon
notification from the | ||
Governor, the State Comptroller shall direct and the
State | ||
Treasurer shall transfer amounts not exceeding a total of | ||
$80,000,000
from the General Revenue Fund to the Tobacco | ||
Settlement Recovery Fund.
Any amounts so transferred shall be | ||
re-transferred by the State Comptroller
and the State Treasurer | ||
from the Tobacco Settlement Recovery Fund to the
General |
Revenue Fund at the direction of and upon notification from the
| ||||||||||||||||||||||||||||||||||||||
Governor, but in any event on or before June 30, 2003. | ||||||||||||||||||||||||||||||||||||||
(j) On or after July 1, 2001 and no later than June 30, | ||||||||||||||||||||||||||||||||||||||
2002, in addition to
any other transfers that may be provided | ||||||||||||||||||||||||||||||||||||||
for by law, at the direction of and
upon notification from the | ||||||||||||||||||||||||||||||||||||||
Governor, the State Comptroller shall direct and the
State | ||||||||||||||||||||||||||||||||||||||
Treasurer shall transfer amounts not to exceed the following | ||||||||||||||||||||||||||||||||||||||
sums into
the Statistical Services Revolving Fund: | ||||||||||||||||||||||||||||||||||||||
|
| ||||||||
(k) In addition to any other transfers that may be provided | ||||||||
for by law,
as soon as may be practical after December 20, 2001 | ||||||||
(the effective date of Public Act 92-505), the State | ||||||||
Comptroller shall direct and the State
Treasurer shall transfer | ||||||||
the sum of $2,000,000 from the General Revenue Fund
to the | ||||||||
Teachers Health Insurance Security Fund. | ||||||||
(k-1) In addition to any other transfers that may be | ||||||||
provided for by
law, on July 1, 2002, or as soon as may be | ||||||||
practical thereafter, the State
Comptroller shall direct and | ||||||||
the State Treasurer shall transfer the sum of
$2,000,000 from | ||||||||
the General Revenue Fund to the Teachers Health Insurance
| ||||||||
Security Fund. | ||||||||
(k-2) In addition to any other transfers that may be | ||||||||
provided for by
law, on July 1, 2003, or as soon as may be | ||||||||
practical thereafter, the State
Comptroller shall direct and | ||||||||
the State Treasurer shall transfer the sum of
$2,000,000 from | ||||||||
the General Revenue Fund to the Teachers Health Insurance
| ||||||||
Security Fund. | ||||||||
(k-3) On or after July 1, 2002 and no later than June 30, | ||||||||
2003, in
addition to any other transfers that may be provided | ||||||||
for by law, at the
direction of and upon notification from the | ||||||||
Governor, the State Comptroller
shall direct and the State | ||||||||
Treasurer shall transfer amounts not to exceed the
following |
sums into the Statistical Services Revolving Fund: | ||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||
(l) In addition to any other transfers that may be provided | ||||||||||||||||||||||||||||
for by law, on
July 1, 2002, or as soon as may be practical | ||||||||||||||||||||||||||||
thereafter, the State Comptroller
shall direct and the State | ||||||||||||||||||||||||||||
Treasurer shall transfer the sum of $3,000,000 from
the General | ||||||||||||||||||||||||||||
Revenue Fund to the Presidential Library and Museum Operating
| ||||||||||||||||||||||||||||
Fund. | ||||||||||||||||||||||||||||
(m) In addition to any other transfers that may be provided | ||||||||||||||||||||||||||||
for by law, on
July 1, 2002 and on January 8, 2004 (the | ||||||||||||||||||||||||||||
effective date of Public Act 93-648), or as soon thereafter as | ||||||||||||||||||||||||||||
may be practical, the State Comptroller
shall direct and the | ||||||||||||||||||||||||||||
State Treasurer shall transfer the sum of $1,200,000 from
the | ||||||||||||||||||||||||||||
General Revenue Fund to the Violence Prevention Fund. |
(n) In addition to any other transfers that may be provided | ||||
for by law,
on July 1,
2003, or as soon thereafter as may be | ||||
practical, the State Comptroller shall
direct and the
State | ||||
Treasurer shall transfer the sum of $6,800,000 from the General | ||||
Revenue
Fund to
the DHS Recoveries Trust Fund. | ||||
(o) On or after July 1, 2003, and no later than June 30, | ||||
2004, in
addition to any
other transfers that may be provided | ||||
for by law, at the direction of and upon
notification
from the | ||||
Governor, the State Comptroller shall direct and the State | ||||
Treasurer
shall
transfer amounts not to exceed the following | ||||
sums into the Vehicle Inspection
Fund: | ||||
| ||||
(p) On or after July 1, 2003 and until May 1, 2004, in | ||||
addition to any
other
transfers that may be provided for by | ||||
law, at the direction of and upon
notification from
the | ||||
Governor, the State Comptroller shall direct and the State | ||||
Treasurer shall
transfer
amounts not exceeding a total of | ||||
$80,000,000 from the General Revenue Fund to
the
Tobacco | ||||
Settlement Recovery Fund. Any amounts so transferred shall be
| ||||
re-transferred
from the Tobacco Settlement Recovery Fund to the | ||||
General Revenue Fund at the
direction of and upon notification | ||||
from the Governor, but in any event on or
before June
30, 2004. | ||||
(q) In addition to any other transfers that may be provided | ||||
for by law, on
July 1,
2003, or as soon as may be practical | ||||
thereafter, the State Comptroller shall
direct and the
State | ||||
Treasurer shall transfer the sum of $5,000,000 from the General |
Revenue
Fund to
the Illinois Military Family Relief Fund. | ||
(r) In addition to any other transfers that may be provided | ||
for by law, on
July 1,
2003, or as soon as may be practical | ||
thereafter, the State Comptroller shall
direct and the
State | ||
Treasurer shall transfer the sum of $1,922,000 from the General | ||
Revenue
Fund to
the Presidential Library and Museum Operating | ||
Fund. | ||
(s) In addition to any other transfers that may be provided | ||
for by law, on
or after
July 1, 2003, the State Comptroller | ||
shall direct and the State Treasurer shall
transfer the
sum of | ||
$4,800,000 from the Statewide Economic Development Fund to the | ||
General
Revenue Fund. | ||
(t) In addition to any other transfers that may be provided | ||
for by law, on
or after
July 1, 2003, the State Comptroller | ||
shall direct and the State Treasurer shall
transfer the
sum of | ||
$50,000,000 from the General Revenue Fund to the Budget | ||
Stabilization
Fund. | ||
(u) On or after July 1, 2004 and until May 1, 2005, in | ||
addition to any other transfers that may be provided for by | ||
law, at the direction of and upon notification from the | ||
Governor, the State Comptroller shall direct and the State | ||
Treasurer shall transfer amounts not exceeding a total of | ||
$80,000,000 from the General Revenue Fund to the Tobacco | ||
Settlement Recovery Fund. Any amounts so transferred shall be | ||
retransferred by the State Comptroller and the State Treasurer | ||
from the Tobacco Settlement Recovery Fund to the General |
Revenue Fund at the direction of and upon notification from the | ||
Governor, but in any event on or before June 30, 2005.
| ||
(v) In addition to any other transfers that may be provided | ||
for by law, on July 1, 2004, or as soon thereafter as may be | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $1,200,000 from the General | ||
Revenue Fund to the Violence Prevention Fund. | ||
(w) In addition to any other transfers that may be provided | ||
for by law, on July 1, 2004, or as soon thereafter as may be | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $6,445,000 from the General | ||
Revenue Fund to the Presidential Library and Museum Operating | ||
Fund.
| ||
(x) In addition to any other transfers that may be provided | ||
for by law, on January 15, 2005, or as soon thereafter as may | ||
be practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer to the General Revenue Fund the | ||
following sums: | ||
From the State Crime Laboratory Fund, $200,000; | ||
From the State Police Wireless Service Emergency Fund, | ||
$200,000; | ||
From the State Offender DNA Identification System | ||
Fund, $800,000; and | ||
From the State Police Whistleblower Reward and | ||
Protection Fund, $500,000.
| ||
(y) Notwithstanding any other provision of law to the |
contrary, in addition to any other transfers that may be | ||
provided for by law on June 30, 2005, or as soon as may be | ||
practical thereafter, the State Comptroller shall direct and | ||
the State Treasurer shall transfer the remaining balance from | ||
the designated funds into the General Revenue Fund and any | ||
future deposits that would otherwise be made into these funds | ||
must instead be made into the General Revenue Fund:
| ||
(1) the Keep Illinois Beautiful Fund;
| ||
(2) the
Metropolitan Fair and Exposition Authority | ||
Reconstruction Fund; | ||
(3) the
New Technology Recovery Fund; | ||
(4) the Illinois Rural Bond Bank Trust Fund; | ||
(5) the ISBE School Bus Driver Permit Fund; | ||
(6) the
Solid Waste Management Revolving Loan Fund; | ||
(7)
the State Postsecondary Review Program Fund; | ||
(8) the
Tourism Attraction Development Matching Grant | ||
Fund; | ||
(9) the
Patent and Copyright Fund; | ||
(10) the
Credit Enhancement Development Fund; | ||
(11) the
Community Mental Health and Developmental | ||
Disabilities Services Provider Participation Fee Trust | ||
Fund; | ||
(12) the
Nursing Home Grant Assistance Fund; | ||
(13) the
By-product Material Safety Fund; | ||
(14) the
Illinois Student Assistance Commission Higher | ||
EdNet Fund; |
(15) the
DORS State Project Fund; | ||
(16) the School Technology Revolving Fund; | ||
(17) the
Energy Assistance Contribution Fund; | ||
(18) the
Illinois Building Commission Revolving Fund; | ||
(19) the
Illinois Aquaculture Development Fund; | ||
(20) the
Homelessness Prevention Fund; | ||
(21) the
DCFS Refugee Assistance Fund; | ||
(22) the
Illinois Century Network Special Purposes | ||
Fund; and | ||
(23) the
Build Illinois Purposes Fund.
| ||
(z) In addition to any other transfers that may be provided | ||
for by law, on July 1, 2005, or as soon as may be practical | ||
thereafter, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $1,200,000 from the General | ||
Revenue Fund to the Violence Prevention Fund.
| ||
(aa) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2005, or as soon as may be | ||
practical thereafter, the State Comptroller shall direct and | ||
the State Treasurer shall transfer the sum of $9,000,000 from | ||
the General Revenue Fund to the Presidential Library and Museum | ||
Operating Fund.
| ||
(bb) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2005, or as soon as may be | ||
practical thereafter, the State Comptroller shall direct and | ||
the State Treasurer shall transfer the sum of $6,803,600 from | ||
the General Revenue Fund to the Securities Audit and |
Enforcement Fund.
| ||
(cc) In addition to any other transfers that may be | ||
provided for by law, on or after July 1, 2005 and until May 1, | ||
2006, at the direction of and upon notification from the | ||
Governor, the State Comptroller shall direct and the State | ||
Treasurer shall transfer amounts not exceeding a total of | ||
$80,000,000 from the General Revenue Fund to the Tobacco | ||
Settlement Recovery Fund. Any amounts so transferred shall be | ||
re-transferred by the State Comptroller and the State Treasurer | ||
from the Tobacco Settlement Recovery Fund to the General | ||
Revenue Fund at the direction of and upon notification from the | ||
Governor, but in any event on or before June 30, 2006.
| ||
(dd) In addition to any other transfers that may be | ||
provided for by law, on April 1, 2005, or as soon thereafter as | ||
may be practical, at the direction of the Director of Public | ||
Aid (now Director of Healthcare and Family Services), the State | ||
Comptroller shall direct and the State Treasurer shall transfer | ||
from the Public Aid Recoveries Trust Fund amounts not to exceed | ||
$14,000,000 to the Community Mental Health Medicaid Trust Fund. | ||
(ee) Notwithstanding any other provision of law, on July 1, | ||
2006, or as soon thereafter as practical, the State Comptroller | ||
shall direct and the State Treasurer shall transfer the | ||
remaining balance from the Illinois Civic Center Bond Fund to | ||
the Illinois Civic Center Bond Retirement and Interest Fund. | ||
(ff) In addition to any other transfers that may be | ||
provided for by law, on and after July 1, 2006 and until June |
30, 2007, at the direction of and upon notification from the | ||
Director of the Governor's Office of Management and Budget, the | ||
State Comptroller shall direct and the State Treasurer shall | ||
transfer amounts not exceeding a total of $1,900,000 from the | ||
General Revenue Fund to the Illinois Capital Revolving Loan | ||
Fund. | ||
(gg) In addition to any other transfers that may be | ||
provided for by law, on and after July 1, 2006 and until May 1, | ||
2007, at the direction of and upon notification from the | ||
Governor, the State Comptroller shall direct and the State | ||
Treasurer shall transfer amounts not exceeding a total of | ||
$80,000,000 from the General Revenue Fund to the Tobacco | ||
Settlement Recovery Fund. Any amounts so transferred shall be | ||
retransferred by the State Comptroller and the State Treasurer | ||
from the Tobacco Settlement Recovery Fund to the General | ||
Revenue Fund at the direction of and upon notification from the | ||
Governor, but in any event on or before June 30, 2007. | ||
(hh) In addition to any other transfers that may be | ||
provided for by law, on and after July 1, 2006 and until June | ||
30, 2007, at the direction of and upon notification from the | ||
Governor, the State Comptroller shall direct and the State | ||
Treasurer shall transfer amounts from the Illinois Affordable | ||
Housing Trust Fund to the designated funds not exceeding the | ||
following amounts: | ||
DCFS Children's Services Fund .................$2,200,000
| ||
Department of Corrections Reimbursement |
and Education Fund ........................$1,500,000
| ||
Supplemental Low-Income Energy | ||
Assistance Fund ..............................$75,000
| ||
(ii) In addition to any other transfers that may be | ||
provided for by law, on or before August 31, 2006, the Governor | ||
and the State Comptroller may agree to transfer the surplus | ||
cash balance from the General Revenue Fund to the Budget | ||
Stabilization Fund and the Pension Stabilization Fund in equal | ||
proportions. The determination of the amount of the surplus | ||
cash balance shall be made by the Governor, with the | ||
concurrence of the State Comptroller, after taking into account | ||
the June 30, 2006 balances in the general funds and the actual | ||
or estimated spending from the general funds during the lapse | ||
period. Notwithstanding the foregoing, the maximum amount that | ||
may be transferred under this subsection (ii) is $50,000,000. | ||
(jj) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2006, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $8,250,000 from the General | ||
Revenue Fund to the Presidential Library and Museum Operating | ||
Fund. | ||
(kk) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2006, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $1,400,000 from the General | ||
Revenue Fund to the Violence Prevention Fund.
|
(ll) In addition to any other transfers that may be | ||
provided for by law, on the first day of each calendar quarter | ||
of the fiscal year beginning July 1, 2006, or as soon | ||
thereafter as practical, the State Comptroller shall direct and | ||
the State Treasurer shall transfer from the General Revenue | ||
Fund amounts equal to one-fourth of $20,000,000 to the | ||
Renewable Energy Resources Trust Fund. | ||
(mm) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2006, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $1,320,000 from the General | ||
Revenue Fund to the I-FLY Fund. | ||
(nn) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2006, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $3,000,000 from the General | ||
Revenue Fund to the African-American HIV/AIDS Response Fund. | ||
(oo) In addition to any other transfers that may be | ||
provided for by law, on and after July 1, 2006 and until June | ||
30, 2007, at the direction of and upon notification from the | ||
Governor, the State Comptroller shall direct and the State | ||
Treasurer shall transfer amounts identified as net receipts | ||
from the sale of all or part of the Illinois Student Assistance | ||
Commission loan portfolio from the Student Loan Operating Fund | ||
to the General Revenue Fund. The maximum amount that may be | ||
transferred pursuant to this Section is $38,800,000. In |
addition, no transfer may be made pursuant to this Section that | ||
would have the effect of reducing the available balance in the | ||
Student Loan Operating Fund to an amount less than the amount | ||
remaining unexpended and unreserved from the total | ||
appropriations from the Fund estimated to be expended for the | ||
fiscal year. The State Treasurer and Comptroller shall transfer | ||
the amounts designated under this Section as soon as may be | ||
practical after receiving the direction to transfer from the | ||
Governor.
| ||
(pp)
In addition to any other transfers that may be | ||
provided for by law, on July 1, 2006, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $2,000,000 from the General | ||
Revenue Fund to the Illinois Veterans Assistance Fund. | ||
(qq) In addition to any other transfers that may be | ||
provided for by law, on and after July 1, 2007 and until May 1, | ||
2008, at the direction of and upon notification from the | ||
Governor, the State Comptroller shall direct and the State | ||
Treasurer shall transfer amounts not exceeding a total of | ||
$80,000,000 from the General Revenue Fund to the Tobacco | ||
Settlement Recovery Fund. Any amounts so transferred shall be | ||
retransferred by the State Comptroller and the State Treasurer | ||
from the Tobacco Settlement Recovery Fund to the General | ||
Revenue Fund at the direction of and upon notification from the | ||
Governor, but in any event on or before June 30, 2008. | ||
(rr) In addition to any other transfers that may be |
provided for by law, on and after July 1, 2007 and until June | ||
30, 2008, at the direction of and upon notification from the | ||
Governor, the State Comptroller shall direct and the State | ||
Treasurer shall transfer amounts from the Illinois Affordable | ||
Housing Trust Fund to the designated funds not exceeding the | ||
following amounts: | ||
DCFS Children's Services Fund .................$2,200,000
| ||
Department of Corrections Reimbursement | ||
and Education Fund ........................$1,500,000
| ||
Supplemental Low-Income Energy | ||
Assistance Fund ..............................$75,000
| ||
(ss) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2007, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $8,250,000 from the General | ||
Revenue Fund to the Presidential Library and Museum Operating | ||
Fund. | ||
(tt) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2007, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $1,400,000 from the General | ||
Revenue Fund to the Violence Prevention Fund.
| ||
(uu) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2007, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $1,320,000 from the General |
Revenue Fund to the I-FLY Fund. | ||
(vv) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2007, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $3,000,000 from the General | ||
Revenue Fund to the African-American HIV/AIDS Response Fund. | ||
(ww) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2007, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $3,500,000 from the General | ||
Revenue Fund to the Predatory Lending Database Program Fund. | ||
(xx) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2007, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $5,000,000 from the General | ||
Revenue Fund to the Digital Divide Elimination Fund. | ||
(yy) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2007, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $4,000,000 from the General | ||
Revenue Fund to the Digital Divide Elimination Infrastructure | ||
Fund. | ||
(zz) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2008, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $5,000,000 from the General |
Revenue Fund to the Digital Divide Elimination Fund. | ||
(aaa) In addition to any other transfers that may be | ||
provided for by law, on and after July 1, 2008 and until May 1, | ||
2009, at the direction of and upon notification from the | ||
Governor, the State Comptroller shall direct and the State | ||
Treasurer shall transfer amounts not exceeding a total of | ||
$80,000,000 from the General Revenue Fund to the Tobacco | ||
Settlement Recovery Fund. Any amounts so transferred shall be | ||
retransferred by the State Comptroller and the State Treasurer | ||
from the Tobacco Settlement Recovery Fund to the General | ||
Revenue Fund at the direction of and upon notification from the | ||
Governor, but in any event on or before June 30, 2009. | ||
(bbb) In addition to any other transfers that may be | ||
provided for by law, on and after July 1, 2008 and until June | ||
30, 2009, at the direction of and upon notification from the | ||
Governor, the State Comptroller shall direct and the State | ||
Treasurer shall transfer amounts from the Illinois Affordable | ||
Housing Trust Fund to the designated funds not exceeding the | ||
following amounts: | ||
DCFS Children's Services Fund .............$2,200,000 | ||
Department of Corrections Reimbursement | ||
and Education Fund ........................$1,500,000 | ||
Supplemental Low-Income Energy | ||
Assistance Fund ..............................$75,000 | ||
(ccc) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2008, or as soon thereafter as |
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $7,450,000 from the General | ||
Revenue Fund to the Presidential Library and Museum Operating | ||
Fund. | ||
(ddd) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2008, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $1,400,000 from the General | ||
Revenue Fund to the Violence Prevention Fund. | ||
(eee) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2009, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $5,000,000 from the General | ||
Revenue Fund to the Digital Divide Elimination Fund. | ||
(fff) In addition to any other transfers that may be | ||
provided for by law, on and after July 1, 2009 and until May 1, | ||
2010, at the direction of and upon notification from the | ||
Governor, the State Comptroller shall direct and the State | ||
Treasurer shall transfer amounts not exceeding a total of | ||
$80,000,000 from the General Revenue Fund to the Tobacco | ||
Settlement Recovery Fund. Any amounts so transferred shall be | ||
retransferred by the State Comptroller and the State Treasurer | ||
from the Tobacco Settlement Recovery Fund to the General | ||
Revenue Fund at the direction of and upon notification from the | ||
Governor, but in any event on or before June 30, 2010. | ||
(ggg) In addition to any other transfers that may be |
provided for by law, on July 1, 2009, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $7,450,000 from the General | ||
Revenue Fund to the Presidential Library and Museum Operating | ||
Fund. | ||
(hhh) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2009, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $1,400,000 from the General | ||
Revenue Fund to the Violence Prevention Fund. | ||
(iii) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2009, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $100,000 from the General | ||
Revenue Fund to the Heartsaver AED Fund. | ||
(jjj) In addition to any other transfers that may be | ||
provided for by law, on and after July 1, 2009 and until June | ||
30, 2010, at the direction of and upon notification from the | ||
Governor, the State Comptroller shall direct and the State | ||
Treasurer shall transfer amounts not exceeding a total of | ||
$17,000,000 from the General Revenue Fund to the DCFS | ||
Children's Services Fund. | ||
(lll) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2009, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $5,000,000 from the General |
Revenue Fund to the Communications Revolving Fund. | ||
(mmm) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2009, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $9,700,000 from the General | ||
Revenue Fund to the Senior Citizens Real Estate Deferred Tax | ||
Revolving Fund. | ||
(nnn) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2009, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $565,000 from the FY09 | ||
Budget Relief Fund to the Horse Racing Fund. | ||
(ooo) In addition to any other transfers that may be | ||
provided by law, on July 1, 2009, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $600,000 from the General | ||
Revenue Fund to the Temporary Relocation Expenses Revolving | ||
Fund. | ||
(ppp) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2010, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $5,000,000 from the General | ||
Revenue Fund to the Digital Divide Elimination Fund. | ||
(qqq) In addition to any other transfers that may be | ||
provided for by law, on and after July 1, 2010 and until May 1, | ||
2011, at the direction of and upon notification from the |
Governor, the State Comptroller shall direct and the State | ||
Treasurer shall transfer amounts not exceeding a total of | ||
$80,000,000 from the General Revenue Fund to the Tobacco | ||
Settlement Recovery Fund. Any amounts so transferred shall be | ||
retransferred by the State Comptroller and the State Treasurer | ||
from the Tobacco Settlement Recovery Fund to the General | ||
Revenue Fund at the direction of and upon notification from the | ||
Governor, but in any event on or before June 30, 2011. | ||
(rrr) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2010, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $6,675,000 from the General | ||
Revenue Fund to the Presidential Library and Museum Operating | ||
Fund. | ||
(sss) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2010, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $1,400,000 from the General | ||
Revenue Fund to the Violence Prevention Fund. | ||
(ttt) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2010, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $100,000 from the General | ||
Revenue Fund to the Heartsaver AED Fund. | ||
(uuu) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2010, or as soon thereafter as |
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $5,000,000 from the General | ||
Revenue Fund to the Communications Revolving Fund. | ||
(vvv) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2010, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $3,000,000 from the General | ||
Revenue Fund to the Illinois Capital Revolving Loan Fund. | ||
(www) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2010, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $17,000,000 from the | ||
General Revenue Fund to the DCFS Children's Services Fund. | ||
(xxx) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2010, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $2,000,000 from the Digital | ||
Divide Elimination Infrastructure Fund, of which $1,000,000 | ||
shall go to the Workforce, Technology, and Economic Development | ||
Fund and $1,000,000 to the Public Utility Fund. | ||
(yyy) In addition to any other transfers that may be | ||
provided for by law, on and after July 1, 2011 and until May 1, | ||
2012, at the direction of and upon notification from the | ||
Governor, the State Comptroller shall direct and the State | ||
Treasurer shall transfer amounts not exceeding a total of | ||
$80,000,000 from the General Revenue Fund to the Tobacco |
Settlement Recovery Fund. Any amounts so transferred shall be | ||
retransferred by the State Comptroller and the State Treasurer | ||
from the Tobacco Settlement Recovery Fund to the General | ||
Revenue Fund at the direction of and upon notification from the | ||
Governor, but in any event on or before June 30, 2012. | ||
(zzz) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2011, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $1,000,000 from the General | ||
Revenue Fund to the Illinois Veterans Assistance Fund. | ||
(aaaa) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2011, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $8,000,000 from the General | ||
Revenue Fund to the Presidential Library and Museum Operating | ||
Fund. | ||
(bbbb) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2011, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $1,400,000 from the General | ||
Revenue Fund to the Violence Prevention Fund. | ||
(cccc) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2011, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $14,100,000 from the | ||
General Revenue Fund to the State Garage Revolving Fund. |
(dddd) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2011, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $4,000,000 from the General | ||
Revenue Fund to the Digital Divide Elimination Fund. | ||
(eeee) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2011, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $500,000 from the General | ||
Revenue Fund to the Senior Citizens Real Estate Deferred Tax | ||
Revolving Fund. | ||
(Source: P.A. 99-933, eff. 1-27-17; 100-23, eff. 7-6-17; | ||
100-201, eff. 8-18-17; revised 10-12-17.)
| ||
(30 ILCS 105/13.2) (from Ch. 127, par. 149.2)
| ||
Sec. 13.2. Transfers among line item appropriations. | ||
(a) Transfers among line item appropriations from the same
| ||
treasury fund for the objects specified in this Section may be | ||
made in
the manner provided in this Section when the balance | ||
remaining in one or
more such line item appropriations is | ||
insufficient for the purpose for
which the appropriation was | ||
made. | ||
(a-1) No transfers may be made from one
agency to another | ||
agency, nor may transfers be made from one institution
of | ||
higher education to another institution of higher education | ||
except as provided by subsection (a-4).
|
(a-2) Except as otherwise provided in this Section, | ||
transfers may be made only among the objects of expenditure | ||
enumerated
in this Section, except that no funds may be | ||
transferred from any
appropriation for personal services, from | ||
any appropriation for State
contributions to the State | ||
Employees' Retirement System, from any
separate appropriation | ||
for employee retirement contributions paid by the
employer, nor | ||
from any appropriation for State contribution for
employee | ||
group insurance. During State fiscal year 2005, an agency may | ||
transfer amounts among its appropriations within the same | ||
treasury fund for personal services, employee retirement | ||
contributions paid by employer, and State Contributions to | ||
retirement systems; notwithstanding and in addition to the | ||
transfers authorized in subsection (c) of this Section, the | ||
fiscal year 2005 transfers authorized in this sentence may be | ||
made in an amount not to exceed 2% of the aggregate amount | ||
appropriated to an agency within the same treasury fund. During | ||
State fiscal year 2007, the Departments of Children and Family | ||
Services, Corrections, Human Services, and Juvenile Justice | ||
may transfer amounts among their respective appropriations | ||
within the same treasury fund for personal services, employee | ||
retirement contributions paid by employer, and State | ||
contributions to retirement systems. During State fiscal year | ||
2010, the Department of Transportation may transfer amounts | ||
among their respective appropriations within the same treasury | ||
fund for personal services, employee retirement contributions |
paid by employer, and State contributions to retirement | ||
systems. During State fiscal years 2010 and 2014 only, an | ||
agency may transfer amounts among its respective | ||
appropriations within the same treasury fund for personal | ||
services, employee retirement contributions paid by employer, | ||
and State contributions to retirement systems. | ||
Notwithstanding, and in addition to, the transfers authorized | ||
in subsection (c) of this Section, these transfers may be made | ||
in an amount not to exceed 2% of the aggregate amount | ||
appropriated to an agency within the same treasury fund.
| ||
(a-2.5) During State fiscal year 2015 only, the State's | ||
Attorneys Appellate Prosecutor may transfer amounts among its | ||
respective appropriations contained in operational line items | ||
within the same treasury fund. Notwithstanding, and in addition | ||
to, the transfers authorized in subsection (c) of this Section, | ||
these transfers may be made in an amount not to exceed 4% of | ||
the aggregate amount appropriated to the State's Attorneys | ||
Appellate Prosecutor within the same treasury fund. | ||
(a-3) Further, if an agency receives a separate
| ||
appropriation for employee retirement contributions paid by | ||
the employer,
any transfer by that agency into an appropriation | ||
for personal services
must be accompanied by a corresponding | ||
transfer into the appropriation for
employee retirement | ||
contributions paid by the employer, in an amount
sufficient to | ||
meet the employer share of the employee contributions
required | ||
to be remitted to the retirement system. |
(a-4) Long-Term Care Rebalancing. The Governor may | ||
designate amounts set aside for institutional services | ||
appropriated from the General Revenue Fund or any other State | ||
fund that receives monies for long-term care services to be | ||
transferred to all State agencies responsible for the | ||
administration of community-based long-term care programs, | ||
including, but not limited to, community-based long-term care | ||
programs administered by the Department of Healthcare and | ||
Family Services, the Department of Human Services, and the | ||
Department on Aging, provided that the Director of Healthcare | ||
and Family Services first certifies that the amounts being | ||
transferred are necessary for the purpose of assisting persons | ||
in or at risk of being in institutional care to transition to | ||
community-based settings, including the financial data needed | ||
to prove the need for the transfer of funds. The total amounts | ||
transferred shall not exceed 4% in total of the amounts | ||
appropriated from the General Revenue Fund or any other State | ||
fund that receives monies for long-term care services for each | ||
fiscal year. A notice of the fund transfer must be made to the | ||
General Assembly and posted at a minimum on the Department of | ||
Healthcare and Family Services website, the Governor's Office | ||
of Management and Budget website, and any other website the | ||
Governor sees fit. These postings shall serve as notice to the | ||
General Assembly of the amounts to be transferred. Notice shall | ||
be given at least 30 days prior to transfer. | ||
(b) In addition to the general transfer authority provided |
under
subsection (c), the following agencies have the specific | ||
transfer authority
granted in this subsection: | ||
The Department of Healthcare and Family Services is | ||
authorized to make transfers
representing savings attributable | ||
to not increasing grants due to the
births of additional | ||
children from line items for payments of cash grants to
line | ||
items for payments for employment and social services for the | ||
purposes
outlined in subsection (f) of Section 4-2 of the | ||
Illinois Public Aid Code. | ||
The Department of Children and Family Services is | ||
authorized to make
transfers not exceeding 2% of the aggregate | ||
amount appropriated to it within
the same treasury fund for the | ||
following line items among these same line
items: Foster Home | ||
and Specialized Foster Care and Prevention, Institutions
and | ||
Group Homes and Prevention, and Purchase of Adoption and | ||
Guardianship
Services. | ||
The Department on Aging is authorized to make transfers not
| ||
exceeding 2% of the aggregate amount appropriated to it within | ||
the same
treasury fund for the following Community Care Program | ||
line items among these
same line items: purchase of services | ||
covered by the Community Care Program and Comprehensive Case | ||
Coordination. | ||
The State Treasurer is authorized to make transfers among | ||
line item
appropriations
from the Capital Litigation Trust | ||
Fund, with respect to costs incurred in
fiscal years 2002 and | ||
2003 only, when the balance remaining in one or
more such
line |
item appropriations is insufficient for the purpose for which | ||
the
appropriation was
made, provided that no such transfer may | ||
be made unless the amount transferred
is no
longer required for | ||
the purpose for which that appropriation was made. | ||
The State Board of Education is authorized to make | ||
transfers from line item appropriations within the same | ||
treasury fund for General State Aid, General State Aid - Hold | ||
Harmless, and Evidence-Based Funding, provided that no such | ||
transfer may be made unless the amount transferred is no longer | ||
required for the purpose for which that appropriation was made, | ||
to the line item appropriation for Transitional Assistance when | ||
the balance remaining in such line item appropriation is | ||
insufficient for the purpose for which the appropriation was | ||
made. | ||
The State Board of Education is authorized to make | ||
transfers between the following line item appropriations | ||
within the same treasury fund: Disabled Student | ||
Services/Materials (Section 14-13.01 of the School Code), | ||
Disabled Student Transportation Reimbursement (Section | ||
14-13.01 of the School Code), Disabled Student Tuition - | ||
Private Tuition (Section 14-7.02 of the School Code), | ||
Extraordinary Special Education (Section 14-7.02b of the | ||
School Code), Reimbursement for Free Lunch/Breakfast Program, | ||
Summer School Payments (Section 18-4.3 of the School Code), and | ||
Transportation - Regular/Vocational Reimbursement (Section | ||
29-5 of the School Code). Such transfers shall be made only |
when the balance remaining in one or more such line item | ||
appropriations is insufficient for the purpose for which the | ||
appropriation was made and provided that no such transfer may | ||
be made unless the amount transferred is no longer required for | ||
the purpose for which that appropriation was made. | ||
The Department of Healthcare and Family Services is | ||
authorized to make transfers not exceeding 4% of the aggregate | ||
amount appropriated to it, within the same treasury fund, among | ||
the various line items appropriated for Medical Assistance. | ||
(c) The sum of such transfers for an agency in a fiscal | ||
year shall not
exceed 2% of the aggregate amount appropriated | ||
to it within the same treasury
fund for the following objects: | ||
Personal Services; Extra Help; Student and
Inmate | ||
Compensation; State Contributions to Retirement Systems; State
| ||
Contributions to Social Security; State Contribution for | ||
Employee Group
Insurance; Contractual Services; Travel; | ||
Commodities; Printing; Equipment;
Electronic Data Processing; | ||
Operation of Automotive Equipment;
Telecommunications | ||
Services; Travel and Allowance for Committed, Paroled
and | ||
Discharged Prisoners; Library Books; Federal Matching Grants | ||
for
Student Loans; Refunds; Workers' Compensation, | ||
Occupational Disease, and
Tort Claims; and, in appropriations | ||
to institutions of higher education,
Awards and Grants. | ||
Notwithstanding the above, any amounts appropriated for
| ||
payment of workers' compensation claims to an agency to which | ||
the authority
to evaluate, administer and pay such claims has |
been delegated by the
Department of Central Management Services | ||
may be transferred to any other
expenditure object where such | ||
amounts exceed the amount necessary for the
payment of such | ||
claims. | ||
(c-1) Special provisions for State fiscal year 2003. | ||
Notwithstanding any
other provision of this Section to the | ||
contrary, for State fiscal year 2003
only, transfers among line | ||
item appropriations to an agency from the same
treasury fund | ||
may be made provided that the sum of such transfers for an | ||
agency
in State fiscal year 2003 shall not exceed 3% of the | ||
aggregate amount
appropriated to that State agency for State | ||
fiscal year 2003 for the following
objects: personal services, | ||
except that no transfer may be approved which
reduces the | ||
aggregate appropriations for personal services within an | ||
agency;
extra help; student and inmate compensation; State
| ||
contributions to retirement systems; State contributions to | ||
social security;
State contributions for employee group | ||
insurance; contractual services; travel;
commodities; | ||
printing; equipment; electronic data processing; operation of
| ||
automotive equipment; telecommunications services; travel and | ||
allowance for
committed, paroled, and discharged prisoners; | ||
library books; federal matching
grants for student loans; | ||
refunds; workers' compensation, occupational disease,
and tort | ||
claims; and, in appropriations to institutions of higher | ||
education,
awards and grants. | ||
(c-2) Special provisions for State fiscal year 2005. |
Notwithstanding subsections (a), (a-2), and (c), for State | ||
fiscal year 2005 only, transfers may be made among any line | ||
item appropriations from the same or any other treasury fund | ||
for any objects or purposes, without limitation, when the | ||
balance remaining in one or more such line item appropriations | ||
is insufficient for the purpose for which the appropriation was | ||
made, provided that the sum of those transfers by a State | ||
agency shall not exceed 4% of the aggregate amount appropriated | ||
to that State agency for fiscal year 2005.
| ||
(c-3) Special provisions for State fiscal year 2015. | ||
Notwithstanding any other provision of this Section, for State | ||
fiscal year 2015, transfers among line item appropriations to a | ||
State agency from the same State treasury fund may be made for | ||
operational or lump sum expenses only, provided that the sum of | ||
such transfers for a State agency in State fiscal year 2015 | ||
shall not exceed 4% of the aggregate amount appropriated to | ||
that State agency for operational or lump sum expenses for | ||
State fiscal year 2015. For the purpose of this subsection, | ||
"operational or lump sum expenses" includes the following | ||
objects: personal services; extra help; student and inmate | ||
compensation; State contributions to retirement systems; State | ||
contributions to social security; State contributions for | ||
employee group insurance; contractual services; travel; | ||
commodities; printing; equipment; electronic data processing; | ||
operation of automotive equipment; telecommunications | ||
services; travel and allowance for committed, paroled, and |
discharged prisoners; library books; federal matching grants | ||
for student loans; refunds; workers' compensation, | ||
occupational disease, and tort claims; lump sum and other | ||
purposes; and lump sum operations. For the purpose of this | ||
subsection (c-3), "State agency" does not include the Attorney | ||
General, the Secretary of State, the Comptroller, the | ||
Treasurer, or the legislative or judicial branches. | ||
(c-4) Special provisions for State fiscal year 2018. | ||
Notwithstanding any other provision of this Section, for State | ||
fiscal year 2018, transfers among line item appropriations to a | ||
State agency from the same State treasury fund may be made for | ||
operational or lump sum expenses only, provided that the sum of | ||
such transfers for a State agency in State fiscal year 2018 | ||
shall not exceed 4% of the aggregate amount appropriated to | ||
that State agency for operational or lump sum expenses for | ||
State fiscal year 2018. For the purpose of this subsection | ||
(c-4), "operational or lump sum expenses" includes the | ||
following objects: personal services; extra help; student and | ||
inmate compensation; State contributions to retirement | ||
systems; State contributions to social security; State | ||
contributions for employee group insurance; contractual | ||
services; travel; commodities; printing; equipment; electronic | ||
data processing; operation of automotive equipment; | ||
telecommunications services; travel and allowance for | ||
committed, paroled, and discharged prisoners; library books; | ||
federal matching grants for student loans; refunds; workers' |
compensation, occupational disease, and tort claims; lump sum | ||
and other purposes; and lump sum operations. For the purpose of | ||
this subsection (c-4), "State agency" does not include the | ||
Attorney General, the Secretary of State, the Comptroller, the | ||
Treasurer, or the legislative or judicial branches. | ||
(d) Transfers among appropriations made to agencies of the | ||
Legislative
and Judicial departments and to the | ||
constitutionally elected officers in the
Executive branch | ||
require the approval of the officer authorized in Section 10
of | ||
this Act to approve and certify vouchers. Transfers among | ||
appropriations
made to the University of Illinois, Southern | ||
Illinois University, Chicago State
University, Eastern | ||
Illinois University, Governors State University, Illinois
| ||
State University, Northeastern Illinois University, Northern | ||
Illinois
University, Western Illinois University, the Illinois | ||
Mathematics and Science
Academy and the Board of Higher | ||
Education require the approval of the Board of
Higher Education | ||
and the Governor. Transfers among appropriations to all other
| ||
agencies require the approval of the Governor. | ||
The officer responsible for approval shall certify that the
| ||
transfer is necessary to carry out the programs and purposes | ||
for which
the appropriations were made by the General Assembly | ||
and shall transmit
to the State Comptroller a certified copy of | ||
the approval which shall
set forth the specific amounts | ||
transferred so that the Comptroller may
change his records | ||
accordingly. The Comptroller shall furnish the
Governor with |
information copies of all transfers approved for agencies
of | ||
the Legislative and Judicial departments and transfers | ||
approved by
the constitutionally elected officials of the | ||
Executive branch other
than the Governor, showing the amounts | ||
transferred and indicating the
dates such changes were entered | ||
on the Comptroller's records. | ||
(e) The State Board of Education, in consultation with the | ||
State Comptroller, may transfer line item appropriations for | ||
General State Aid or Evidence-Based Funding between the Common | ||
School Fund and the Education Assistance Fund. With the advice | ||
and consent of the Governor's Office of Management and Budget, | ||
the State Board of Education, in consultation with the State | ||
Comptroller, may transfer line item appropriations between the | ||
General Revenue Fund and the Education Assistance Fund for the | ||
following programs: | ||
(1) Disabled Student Personnel Reimbursement (Section | ||
14-13.01 of the School Code); | ||
(2) Disabled Student Transportation Reimbursement | ||
(subsection (b) of Section 14-13.01 of the School Code); | ||
(3) Disabled Student Tuition - Private Tuition | ||
(Section 14-7.02 of the School Code); | ||
(4) Extraordinary Special Education (Section 14-7.02b | ||
of the School Code); | ||
(5) Reimbursement for Free Lunch/Breakfast Programs; | ||
(6) Summer School Payments (Section 18-4.3 of the | ||
School Code); |
(7) Transportation - Regular/Vocational Reimbursement | ||
(Section 29-5 of the School Code); | ||
(8) Regular Education Reimbursement (Section 18-3 of | ||
the School Code); and | ||
(9) Special Education Reimbursement (Section 14-7.03 | ||
of the School Code). | ||
(Source: P.A. 99-2, eff. 3-26-15; 100-23, eff. 7-6-17; 100-465, | ||
eff. 8-31-17; revised 10-4-17.)
| ||
Section 145. The General Obligation Bond Act is amended by | ||
changing Sections 2.5, 9, and 11 as follows: | ||
(30 ILCS 330/2.5) | ||
Sec. 2.5. Limitation on issuance of Bonds. | ||
(a) Except as provided in subsection (b), no Bonds may be | ||
issued if, after the issuance, in the next State fiscal year | ||
after the issuance of the Bonds, the amount of debt service | ||
(including principal, whether payable at maturity or pursuant | ||
to mandatory sinking fund installments, and interest) on all | ||
then-outstanding Bonds, other than (i) Bonds authorized by | ||
Public Act 100-23 this amendatory Act of the 100th General | ||
Assembly , (ii) Bonds issued by Public Act 96-43, and (iii) | ||
Bonds authorized by Public Act 96-1497, would exceed 7% of the | ||
aggregate appropriations from the general funds (which consist | ||
of the General Revenue Fund, the Common School Fund, the | ||
General Revenue Common School Special Account Fund, and the |
Education Assistance Fund) and the Road Fund for the fiscal | ||
year immediately prior to the fiscal year of the issuance. | ||
(b) If the Comptroller and Treasurer each consent in | ||
writing, Bonds may be issued even if the issuance does not | ||
comply with subsection (a). In addition, $2,000,000,000 in | ||
Bonds for the purposes set forth in Sections 3, 4, 5, 6, and 7, | ||
and $2,000,000,000 in Refunding Bonds under Section 16, may be | ||
issued during State fiscal year 2017 without complying with | ||
subsection (a). In addition, $2,000,000,000 in Bonds for the | ||
purposes set forth in Sections 3, 4, 5, 6, and 7, and | ||
$2,000,000,000 in Refunding Bonds under Section 16, may be | ||
issued during State fiscal year 2018 without complying with | ||
subsection (a).
| ||
(Source: P.A. 99-523, eff. 6-30-16; 100-23, Article 25, Section | ||
25-5, eff. 7-6-17; 100-23, Article 75, Section 75-10, eff. | ||
7-6-17; revised 8-8-17.)
| ||
(30 ILCS 330/9) (from Ch. 127, par. 659)
| ||
Sec. 9. Conditions for issuance and sale of Bonds; | ||
requirements Issuance and Sale of Bonds - Requirements for
| ||
Bonds. | ||
(a) Except as otherwise provided in this subsection and | ||
subsection (h), Bonds shall be issued and sold from time to | ||
time, in one or
more series, in such amounts and at such prices | ||
as may be directed by the
Governor, upon recommendation by the | ||
Director of the
Governor's Office of Management and Budget.
|
Bonds shall be in such form (either coupon, registered or book | ||
entry), in
such denominations, payable within 25 years from | ||
their date, subject to such
terms of redemption with or without | ||
premium, bear interest payable at
such times and at such fixed | ||
or variable rate or rates, and be dated
as shall be fixed and | ||
determined by the Director of
the
Governor's Office of | ||
Management and Budget
in the order authorizing the issuance and | ||
sale
of any series of Bonds, which order shall be approved by | ||
the Governor
and is herein called a "Bond Sale Order"; provided | ||
however, that interest
payable at fixed or variable rates shall | ||
not exceed that permitted in the
Bond Authorization Act, as now | ||
or hereafter amended. Bonds shall be
payable at such place or | ||
places, within or without the State of Illinois, and
may be | ||
made registrable as to either principal or as to both principal | ||
and
interest, as shall be specified in the Bond Sale Order. | ||
Bonds may be callable
or subject to purchase and retirement or | ||
tender and remarketing as fixed
and determined in the Bond Sale | ||
Order. Bonds, other than Bonds issued under Section 3 of this | ||
Act for the costs associated with the purchase and | ||
implementation of information technology, (i) except for | ||
refunding Bonds satisfying the requirements of Section 16 of | ||
this Act and sold during fiscal year 2009, 2010, 2011, 2017, or | ||
2018 must be issued with principal or mandatory redemption | ||
amounts in equal amounts, with the first maturity issued | ||
occurring within the fiscal year in which the Bonds are issued | ||
or within the next succeeding fiscal year and (ii) must mature |
or be subject to mandatory redemption each fiscal year | ||
thereafter up to 25 years, except for refunding Bonds | ||
satisfying the requirements of Section 16 of this Act and sold | ||
during fiscal year 2009, 2010, or 2011 which must mature or be | ||
subject to mandatory redemption each fiscal year thereafter up | ||
to 16 years. Bonds issued under Section 3 of this Act for the | ||
costs associated with the purchase and implementation of | ||
information technology must be issued with principal or | ||
mandatory redemption amounts in equal amounts, with the first | ||
maturity issued occurring with the fiscal year in which the | ||
respective bonds are issued or with the next succeeding fiscal | ||
year, with the respective bonds issued maturing or subject to | ||
mandatory redemption each fiscal year thereafter up to 10 | ||
years. Notwithstanding any provision of this Act to the | ||
contrary, the Bonds authorized by Public Act 96-43 shall be | ||
payable within 5 years from their date and must be issued with | ||
principal or mandatory redemption amounts in equal amounts, | ||
with payment of principal or mandatory redemption beginning in | ||
the first fiscal year following the fiscal year in which the | ||
Bonds are issued.
| ||
Notwithstanding any provision of this Act to the contrary, | ||
the Bonds authorized by Public Act 96-1497 shall be payable | ||
within 8 years from their date and shall be issued with payment | ||
of maturing principal or scheduled mandatory redemptions in | ||
accordance with the following schedule, except the following | ||
amounts shall be prorated if less than the total additional |
amount of Bonds authorized by Public Act 96-1497 are issued: | ||
Fiscal Year After Issuance Amount | ||
1-2 $0 | ||
3 $110,712,120 | ||
4 $332,136,360 | ||
5 $664,272,720 | ||
6-8 $996,409,080 | ||
Notwithstanding any provision of this Act to the contrary, | ||
Income Tax Proceed Bonds issued under Section 7.6 shall be | ||
payable 12 years from the date of sale and shall be issued with | ||
payment of principal or mandatory redemption. | ||
In the case of any series of Bonds bearing interest at a | ||
variable interest
rate ("Variable Rate Bonds"), in lieu of | ||
determining the rate or rates at which
such series of Variable | ||
Rate Bonds shall bear interest and the price or prices
at which | ||
such Variable Rate Bonds shall be initially sold or remarketed | ||
(in the
event of purchase and subsequent resale), the Bond Sale | ||
Order may provide that
such interest rates and prices may vary | ||
from time to time depending on criteria
established in such | ||
Bond Sale Order, which criteria may include, without
| ||
limitation, references to indices or variations in interest | ||
rates as may, in
the judgment of a remarketing agent, be | ||
necessary to cause Variable Rate Bonds
of such series to be | ||
remarketable from time to time at a price equal to their
| ||
principal amount, and may provide for appointment of a bank, | ||
trust company,
investment bank, or other financial institution |
to serve as remarketing agent
in that connection.
The Bond Sale | ||
Order may provide that alternative interest rates or provisions
| ||
for establishing alternative interest rates, different | ||
security or claim
priorities, or different call or amortization | ||
provisions will apply during
such times as Variable Rate Bonds | ||
of any series are held by a person providing
credit or | ||
liquidity enhancement arrangements for such Bonds as | ||
authorized in
subsection (b) of this Section.
The Bond Sale | ||
Order may also provide for such variable interest rates to be
| ||
established pursuant to a process generally known as an auction | ||
rate process
and may provide for appointment of one or more | ||
financial institutions to serve
as auction agents and | ||
broker-dealers in connection with the establishment of
such | ||
interest rates and the sale and remarketing of such Bonds.
| ||
(b) In connection with the issuance of any series of Bonds, | ||
the State may
enter into arrangements to provide additional | ||
security and liquidity for such
Bonds, including, without | ||
limitation, bond or interest rate insurance or
letters of | ||
credit, lines of credit, bond purchase contracts, or other
| ||
arrangements whereby funds are made available to retire or | ||
purchase Bonds,
thereby assuring the ability of owners of the | ||
Bonds to sell or redeem their
Bonds. The State may enter into | ||
contracts and may agree to pay fees to persons
providing such | ||
arrangements, but only under circumstances where the Director | ||
of
the
Governor's Office of Management and Budget certifies | ||
that he or she reasonably expects the total
interest paid or to |
be paid on the Bonds, together with the fees for the
| ||
arrangements (being treated as if interest), would not, taken | ||
together, cause
the Bonds to bear interest, calculated to their | ||
stated maturity, at a rate in
excess of the rate that the Bonds | ||
would bear in the absence of such
arrangements.
| ||
The State may, with respect to Bonds issued or anticipated | ||
to be issued,
participate in and enter into arrangements with | ||
respect to interest rate
protection or exchange agreements, | ||
guarantees, or financial futures contracts
for the purpose of | ||
limiting, reducing, or managing interest rate exposure.
The | ||
authority granted under this paragraph, however, shall not | ||
increase the principal amount of Bonds authorized to be issued | ||
by law. The arrangements may be executed and delivered by the | ||
Director
of the
Governor's Office of Management and Budget on | ||
behalf of the State. Net payments for such
arrangements shall | ||
constitute interest on the Bonds and shall be paid from the
| ||
General Obligation Bond Retirement and Interest Fund. The | ||
Director of the
Governor's Office of Management and Budget | ||
shall at least annually certify to the Governor and
the
State | ||
Comptroller his or her estimate of the amounts of such net | ||
payments to
be included in the calculation of interest required | ||
to be paid by the State.
| ||
(c) Prior to the issuance of any Variable Rate Bonds | ||
pursuant to
subsection (a), the Director of the
Governor's | ||
Office of Management and Budget shall adopt an
interest rate | ||
risk management policy providing that the amount of the State's
|
variable rate exposure with respect to Bonds shall not exceed | ||
20%. This policy
shall remain in effect while any Bonds are | ||
outstanding and the issuance of
Bonds
shall be subject to the | ||
terms of such policy. The terms of this policy may be
amended | ||
from time to time by the Director of the
Governor's Office of | ||
Management and Budget but in no
event shall any amendment cause | ||
the permitted level of the State's variable
rate exposure with | ||
respect to Bonds to exceed 20%.
| ||
(d) "Build America Bonds" in this Section means Bonds | ||
authorized by Section 54AA of the Internal Revenue Code of | ||
1986, as amended ("Internal Revenue Code"), and bonds issued | ||
from time to time to refund or continue to refund "Build | ||
America Bonds". | ||
(e) Notwithstanding any other provision of this Section, | ||
Qualified School Construction Bonds shall be issued and sold | ||
from time to time, in one or more series, in such amounts and | ||
at such prices as may be directed by the Governor, upon | ||
recommendation by the Director of the Governor's Office of | ||
Management and Budget. Qualified School Construction Bonds | ||
shall be in such form (either coupon, registered or book | ||
entry), in such denominations, payable within 25 years from | ||
their date, subject to such terms of redemption with or without | ||
premium, and if the Qualified School Construction Bonds are | ||
issued with a supplemental coupon, bear interest payable at | ||
such times and at such fixed or variable rate or rates, and be | ||
dated as shall be fixed and determined by the Director of the |
Governor's Office of Management and Budget in the order | ||
authorizing the issuance and sale of any series of Qualified | ||
School Construction Bonds, which order shall be approved by the | ||
Governor and is herein called a "Bond Sale Order"; except that | ||
interest payable at fixed or variable rates, if any, shall not | ||
exceed that permitted in the Bond Authorization Act, as now or | ||
hereafter amended. Qualified School Construction Bonds shall | ||
be payable at such place or places, within or without the State | ||
of Illinois, and may be made registrable as to either principal | ||
or as to both principal and interest, as shall be specified in | ||
the Bond Sale Order. Qualified School Construction Bonds may be | ||
callable or subject to purchase and retirement or tender and | ||
remarketing as fixed and determined in the Bond Sale Order. | ||
Qualified School Construction Bonds must be issued with | ||
principal or mandatory redemption amounts or sinking fund | ||
payments into the General Obligation Bond Retirement and | ||
Interest Fund (or subaccount therefor) in equal amounts, with | ||
the first maturity issued, mandatory redemption payment or | ||
sinking fund payment occurring within the fiscal year in which | ||
the Qualified School Construction Bonds are issued or within | ||
the next succeeding fiscal year, with Qualified School | ||
Construction Bonds issued maturing or subject to mandatory | ||
redemption or with sinking fund payments thereof deposited each | ||
fiscal year thereafter up to 25 years. Sinking fund payments | ||
set forth in this subsection shall be permitted only to the | ||
extent authorized in Section 54F of the Internal Revenue Code |
or as otherwise determined by the Director of the Governor's | ||
Office of Management and Budget. "Qualified School | ||
Construction Bonds" in this subsection means Bonds authorized | ||
by Section 54F of the Internal Revenue Code and for bonds | ||
issued from time to time to refund or continue to refund such | ||
"Qualified School Construction Bonds". | ||
(f) Beginning with the next issuance by the Governor's | ||
Office of Management and Budget to the Procurement Policy Board | ||
of a request for quotation for the purpose of formulating a new | ||
pool of qualified underwriting banks list, all entities | ||
responding to such a request for quotation for inclusion on | ||
that list shall provide a written report to the Governor's | ||
Office of Management and Budget and the Illinois Comptroller. | ||
The written report submitted to the Comptroller shall (i) be | ||
published on the Comptroller's Internet website and (ii) be | ||
used by the Governor's Office of Management and Budget for the | ||
purposes of scoring such a request for quotation. The written | ||
report, at a minimum, shall: | ||
(1) disclose whether, within the past 3 months, | ||
pursuant to its credit default swap market-making | ||
activities, the firm has entered into any State of Illinois | ||
credit default swaps ("CDS"); | ||
(2) include, in the event of State of Illinois CDS | ||
activity, disclosure of the firm's cumulative notional | ||
volume of State of Illinois CDS trades and the firm's | ||
outstanding gross and net notional amount of State of |
Illinois CDS, as of the end of the current 3-month period; | ||
(3) indicate, pursuant to the firm's proprietary | ||
trading activities, disclosure of whether the firm, within | ||
the past 3 months, has entered into any proprietary trades | ||
for its own account in State of Illinois CDS; | ||
(4) include, in the event of State of Illinois | ||
proprietary trades, disclosure of the firm's outstanding | ||
gross and net notional amount of proprietary State of | ||
Illinois CDS and whether the net position is short or long | ||
credit protection, as of the end of the current 3-month | ||
period; | ||
(5) list all time periods during the past 3 months | ||
during which the firm held net long or net short State of | ||
Illinois CDS proprietary credit protection positions, the | ||
amount of such positions, and whether those positions were | ||
net long or net short credit protection positions; and | ||
(6) indicate whether, within the previous 3 months, the | ||
firm released any publicly available research or marketing | ||
reports that reference State of Illinois CDS and include | ||
those research or marketing reports as attachments. | ||
(g) All entities included on a Governor's Office of | ||
Management and Budget's pool of qualified underwriting banks | ||
list shall, as soon as possible after March 18, 2011 (the | ||
effective date of Public Act 96-1554), but not later than | ||
January 21, 2011, and on a quarterly fiscal basis thereafter, | ||
provide a written report to the Governor's Office of Management |
and Budget and the Illinois Comptroller. The written reports | ||
submitted to the Comptroller shall be published on the | ||
Comptroller's Internet website. The written reports, at a | ||
minimum, shall: | ||
(1) disclose whether, within the past 3 months, | ||
pursuant to its credit default swap market-making | ||
activities, the firm has entered into any State of Illinois | ||
credit default swaps ("CDS"); | ||
(2) include, in the event of State of Illinois CDS | ||
activity, disclosure of the firm's cumulative notional | ||
volume of State of Illinois CDS trades and the firm's | ||
outstanding gross and net notional amount of State of | ||
Illinois CDS, as of the end of the current 3-month period; | ||
(3) indicate, pursuant to the firm's proprietary | ||
trading activities, disclosure of whether the firm, within | ||
the past 3 months, has entered into any proprietary trades | ||
for its own account in State of Illinois CDS; | ||
(4) include, in the event of State of Illinois | ||
proprietary trades, disclosure of the firm's outstanding | ||
gross and net notional amount of proprietary State of | ||
Illinois CDS and whether the net position is short or long | ||
credit protection, as of the end of the current 3-month | ||
period; | ||
(5) list all time periods during the past 3 months | ||
during which the firm held net long or net short State of | ||
Illinois CDS proprietary credit protection positions, the |
amount of such positions, and whether those positions were | ||
net long or net short credit protection positions; and | ||
(6) indicate whether, within the previous 3 months, the | ||
firm released any publicly available research or marketing | ||
reports that reference State of Illinois CDS and include | ||
those research or marketing reports as attachments. | ||
(h) Notwithstanding any other provision of this Section, | ||
for purposes of maximizing market efficiencies and cost | ||
savings, Income Tax Proceed Bonds may be issued and sold from | ||
time to time, in one or more series, in such amounts and at | ||
such prices as may be directed by the Governor, upon | ||
recommendation by the Director of the Governor's Office of | ||
Management and Budget. Income Tax Proceed Bonds shall be in | ||
such form, either coupon, registered, or book entry, in such | ||
denominations, shall bear interest payable at such times and at | ||
such fixed or variable rate or rates, and be dated as shall be | ||
fixed and determined by the Director of the Governor's Office | ||
of Management and Budget in the order authorizing the issuance | ||
and sale of any series of Income Tax Proceed Bonds, which order | ||
shall be approved by the Governor and is herein called a "Bond | ||
Sale Order"; provided, however, that interest payable at fixed | ||
or variable rates shall not exceed that permitted in the Bond | ||
Authorization Act. Income Tax Proceed Bonds shall be payable at | ||
such place or places, within or without the State of Illinois, | ||
and may be made registrable as to either principal or as to | ||
both principal and interest, as shall be specified in the Bond |
Sale Order.
Income Tax Proceed Bonds may be callable or subject | ||
to purchase and retirement or tender and remarketing as fixed | ||
and determined in the Bond Sale Order. | ||
(Source: P.A. 99-523, eff. 6-30-16; 100-23, Article 25, Section | ||
25-5, eff. 7-6-17; 100-23, Article 75, Section 75-10, eff. | ||
7-6-17; revised 8-8-17.)
| ||
(30 ILCS 330/11) (from Ch. 127, par. 661)
| ||
Sec. 11. Sale of Bonds. Except as otherwise provided in | ||
this Section,
Bonds shall be sold from time to time pursuant to
| ||
notice of sale and public bid or by negotiated sale
in such | ||
amounts and at such
times as is directed by the Governor, upon | ||
recommendation by the Director of
the
Governor's Office of | ||
Management and Budget. At least 25%, based on total principal | ||
amount, of all Bonds issued each fiscal year shall be sold | ||
pursuant to notice of sale and public bid. At all times during | ||
each fiscal year, no more than 75%, based on total principal | ||
amount, of the Bonds issued each fiscal year, shall have been | ||
sold by negotiated sale. Failure to satisfy the requirements in | ||
the preceding 2 sentences shall not affect the validity of any | ||
previously issued Bonds; provided that all Bonds authorized by | ||
Public Act 96-43 and Public Act 96-1497 shall not be included | ||
in determining compliance for any fiscal year with the | ||
requirements of the preceding 2 sentences; and further provided | ||
that refunding Bonds satisfying the requirements of Section 16 | ||
of this Act and sold during fiscal year 2009, 2010, 2011, 2017, |
or 2018 shall not be subject to the requirements in the | ||
preceding 2 sentences.
| ||
If
any Bonds, including refunding Bonds, are to be sold by | ||
negotiated
sale, the
Director of the
Governor's Office of | ||
Management and Budget
shall comply with the
competitive request | ||
for proposal process set forth in the Illinois
Procurement Code | ||
and all other applicable requirements of that Code.
| ||
If Bonds are to be sold pursuant to notice of sale and | ||
public bid, the
Director of the
Governor's Office of Management | ||
and Budget may, from time to time, as Bonds are to be sold, | ||
advertise
the sale of the Bonds in at least 2 daily newspapers, | ||
one of which is
published in the City of Springfield and one in | ||
the City of Chicago. The sale
of the Bonds shall also be
| ||
advertised in the volume of the Illinois Procurement Bulletin | ||
that is
published by the Department of Central Management | ||
Services, and shall be published once at least
10 days prior to | ||
the date fixed
for the opening of the bids. The Director of the
| ||
Governor's Office of Management and Budget may
reschedule the | ||
date of sale upon the giving of such additional notice as the
| ||
Director deems adequate to inform prospective bidders of
such | ||
change; provided, however, that all other conditions of the | ||
sale shall
continue as originally advertised.
| ||
Executed Bonds shall, upon payment therefor, be delivered | ||
to the purchaser,
and the proceeds of Bonds shall be paid into | ||
the State Treasury as directed by
Section 12 of this Act.
| ||
All Income Tax Proceed Bonds shall comply with this |
Section. Notwithstanding anything to the contrary, however, | ||
for purposes of complying with this Section, Income Tax Proceed | ||
Bonds, regardless of the number of series or issuances sold | ||
thereunder, shall be
considered a single issue or series. | ||
Furthermore, for purposes of complying with the competitive | ||
bidding requirements of this Section, the words "at all times" | ||
shall not apply to any such sale of the Income Tax Proceed | ||
Bonds. The Director of the Governor's Office of Management and | ||
Budget shall determine the time and manner of any competitive | ||
sale of the Income Tax Proceed Bonds; however, that sale shall | ||
under no circumstances take place later than 60 days after the | ||
State closes the sale of 75% of the Income Tax Proceed Bonds by | ||
negotiated sale. | ||
(Source: P.A. 99-523, eff. 6-30-16; 100-23, Article 25, Section | ||
25-5, eff. 7-6-17; 100-23, Article 75, Section 75-10, eff. | ||
7-6-17; revised 8-15-17.)
| ||
Section 150. The Illinois Procurement Code is amended by | ||
changing Sections 15-25, 45-45, and 45-57 as follows: | ||
(30 ILCS 500/15-25) | ||
Sec. 15-25. Bulletin content. | ||
(a) Invitations for bids. Notice of each and every contract | ||
that is
offered, including renegotiated contracts and change | ||
orders,
shall be published in the Bulletin. The applicable | ||
chief procurement officer
may provide by rule an organized |
format for the publication of this
information, but in any case | ||
it must include at least the date first offered,
the date | ||
submission of offers is due, the location that offers are to be
| ||
submitted to, the purchasing State agency, the responsible | ||
State purchasing
officer, a brief purchase description, the | ||
method of source selection,
information of how to obtain a | ||
comprehensive purchase description and any
disclosure and | ||
contract forms, and encouragement to potential contractors to | ||
hire qualified veterans, as defined by Section 45-67 of this | ||
Code, and qualified Illinois minorities, women, persons with | ||
disabilities, and residents discharged from any Illinois adult | ||
correctional center. | ||
(a-5) All businesses listed on the Illinois Unified | ||
Certification Program Disadvantaged Business Enterprise | ||
Directory, the Business Enterprise Program of the Department of | ||
Central Management Services, and any small business database | ||
created pursuant to Section 45-45 of this Code shall be | ||
furnished written instructions and information on how to | ||
register for the Illinois Procurement Bulletin. This | ||
information shall be provided to each business within 30 | ||
calendar days after the business's notice of certification or | ||
qualification. | ||
(b) Contracts let. Notice of each and every contract that | ||
is let, including renegotiated contracts and change orders, | ||
shall be issued electronically to those bidders submitting | ||
responses to the solicitations, inclusive of the unsuccessful |
bidders, immediately upon contract let. Failure of any chief | ||
procurement officer to give such notice shall result in tolling | ||
the time for filing a bid protest up to 7 calendar days. | ||
For purposes of this subsection (b), "contracts let" means | ||
a construction agency's act of advertising an invitation for | ||
bids for one or more construction projects. | ||
(b-5) Contracts awarded. Notice of each and every contract | ||
that is awarded, including renegotiated contracts and change | ||
orders, shall be issued electronically to the successful | ||
responsible bidder, offeror, or contractor and published in the | ||
Bulletin. The applicable chief procurement officer may provide | ||
by rule an organized format for the publication of this | ||
information, but in any case it must include at least all of | ||
the information specified in subsection (a) as well as the name | ||
of the successful responsible bidder, offeror, the contract | ||
price, the number of unsuccessful bidders or offerors and any | ||
other disclosure specified in any Section of this Code. This | ||
notice must be posted in the online electronic Bulletin prior | ||
to execution of the contract. | ||
For purposes of this subsection (b-5), "contract award" | ||
means the determination that a particular bidder or offeror has | ||
been selected from among other bidders or offerors to receive a | ||
contract, subject to the successful completion of final | ||
negotiations. "Contract award" is evidenced by the posting of a | ||
Notice of Award or a Notice of Intent to Award to the | ||
respective volume of the Illinois Procurement Bulletin. |
(c) Emergency purchase disclosure. Any chief procurement | ||
officer or State
purchasing officer exercising emergency | ||
purchase authority under
this Code shall publish a written | ||
description and reasons and the total cost,
if known, or an | ||
estimate if unknown and the name of the responsible chief
| ||
procurement officer and State purchasing officer, and the | ||
business or person
contracted with for all emergency purchases | ||
in
the Bulletin. This notice must be posted in the online | ||
electronic Bulletin no later than 5 calendar days after the | ||
contract is awarded.
Notice of a hearing to extend an emergency | ||
contract must be posted in the online electronic Procurement | ||
Bulletin no later than 14 calendar days prior to the hearing. | ||
(c-5) Business Enterprise Program report. Each purchasing | ||
agency shall, with the assistance of the applicable chief | ||
procurement officer, post in the online electronic Bulletin a | ||
copy of its annual report of utilization of businesses owned by | ||
minorities, women, and persons with disabilities as submitted | ||
to the Business Enterprise Council for Minorities, Women, and | ||
Persons with Disabilities pursuant to Section 6(c) of the | ||
Business Enterprise for Minorities, Women, and Persons with | ||
Disabilities Act within 10 calendar days after its submission | ||
of its report to the Council.
| ||
(c-10) Renewals. Notice of each contract renewal shall be | ||
posted in the Bulletin within 14 calendar days of the | ||
determination to execute a renewal of the contract. The notice | ||
shall include at least all of the information required in |
subsection (a) or (b), as applicable.
| ||
(c-15) Sole source procurements. Before entering into a | ||
sole source contract, a chief procurement officer exercising | ||
sole source procurement authority under this Code shall publish | ||
a written description of intent to enter into a sole source | ||
contract along with a description of the item to be procured | ||
and the intended sole source contractor. This notice must be | ||
posted in the online electronic Procurement Bulletin before a | ||
sole source contract is awarded and at least 14 calendar days | ||
before the hearing required by Section 20-25. | ||
(d) Other required disclosure. The applicable chief | ||
procurement officer
shall provide by rule for the organized | ||
publication of all other disclosure
required in other Sections | ||
of this Code in a timely manner. | ||
(e) The changes to subsections (b), (c), (c-5), (c-10), and | ||
(c-15) of this Section made by Public Act 96-795 this | ||
amendatory Act of the 96th General Assembly apply to reports | ||
submitted, offers made, and notices on contracts executed on or | ||
after July 1, 2010 (the its effective date of Public Act | ||
96-795) .
| ||
(f) Each chief procurement officer shall, in consultation | ||
with the agencies under his or her jurisdiction, provide the | ||
Procurement Policy Board with the information and resources | ||
necessary, and in a manner, to effectuate the purpose of Public | ||
Act 96-1444 this amendatory Act of the 96th General Assembly . | ||
(Source: P.A. 100-43, eff. 8-9-17; 100-391, eff. 8-25-17; |
revised 10-2-17.)
| ||
(30 ILCS 500/45-45)
| ||
Sec. 45-45. Small businesses.
| ||
(a) Set-asides. Each chief procurement officer has | ||
authority to designate as
small business set-asides a fair
| ||
proportion of construction, supply, and service contracts for | ||
award
to small businesses in Illinois.
Advertisements for bids | ||
or offers for those contracts shall
specify designation as | ||
small business
set-asides. In awarding the contracts, only bids | ||
or offers from
qualified small businesses shall
be considered.
| ||
(b) Small business. "Small business" means a business that
| ||
is independently owned and
operated and that is not dominant in | ||
its field of operation. The
chief procurement officer shall | ||
establish a detailed
definition by rule, using in addition to | ||
the foregoing criteria
other criteria, including the number
of | ||
employees and the dollar volume of business. When computing
the | ||
size status of a potential contractor,
annual sales and | ||
receipts of the potential contractor and all of its affiliates
| ||
shall be included. The maximum
number of employees and the | ||
maximum dollar volume that a small
business may have under
the | ||
rules promulgated by the chief procurement officer may vary | ||
from industry
to
industry to the extent necessary
to reflect | ||
differing characteristics of those industries, subject
to the | ||
following limitations:
| ||
(1) No wholesale business is a small business if its
|
annual sales for its most
recently completed fiscal year | ||
exceed $13,000,000.
| ||
(2) No retail business or business selling services is
| ||
a small business if its
annual sales and receipts exceed | ||
$8,000,000.
| ||
(3) No manufacturing business is a small business if it
| ||
employs more than 250
persons.
| ||
(4) No construction business is a small business if its
| ||
annual sales and receipts
exceed $14,000,000.
| ||
(c) Fair proportion. For the purpose of subsection (a), for | ||
State agencies
of the executive branch, a
fair proportion of | ||
construction
contracts shall be no less than 25% nor more than | ||
40% of the
annual total contracts for
construction.
| ||
(d) Withdrawal of designation. A small business set-aside
| ||
designation may be withdrawn
by the purchasing agency when | ||
deemed in the best interests of the
State. Upon withdrawal, all
| ||
bids or offers shall be rejected, and the bidders or offerors
| ||
shall be notified of the reason for
rejection. The contract | ||
shall then be awarded in accordance with
this Code without the
| ||
designation of small business set-aside.
| ||
(e) Small business specialist. Each chief procurement | ||
officer shall
designate one or more individuals to serve as its | ||
small
business specialist. The small business specialists | ||
shall collectively work together to accomplish the following | ||
duties:
| ||
(1) Compiling and maintaining a comprehensive
list of |
potential small contractors. In this duty, he or she shall | ||
cooperate with the
Federal Small Business
Administration | ||
in locating potential sources for various products
and | ||
services.
| ||
(2) Assisting small businesses in complying with the
| ||
procedures for bidding
on State contracts.
| ||
(3) Examining requests from State agencies for the
| ||
purchase of property or
services to help determine which | ||
invitations to bid are to be
designated small business | ||
set-asides.
| ||
(4) Making recommendations to the chief procurement | ||
officer for the
simplification of
specifications and terms | ||
in order to increase the opportunities
for small business | ||
participation.
| ||
(5) Assisting in investigations by purchasing agencies
| ||
to determine the
responsibility of bidders or offerors on | ||
small business set-asides.
| ||
(f) Small business annual report. Each small business | ||
specialist designated under
subsection (e) shall annually | ||
before November 1 report in writing
to the General Assembly
| ||
concerning the awarding of contracts to small businesses. The
| ||
report shall include the total
value of awards made in the | ||
preceding fiscal year under the
designation of small business | ||
set-aside.
The report shall also include the total value of | ||
awards made to
businesses owned by minorities, women, and | ||
persons with disabilities, as
defined in the Business |
Enterprise for Minorities, Women, and Persons with
| ||
Disabilities Act, in the preceding fiscal year under the | ||
designation of small
business set-aside.
| ||
The requirement for reporting to the General Assembly shall
| ||
be satisfied by filing copies
of the report as required by | ||
Section 3.1 of the General Assembly
Organization Act.
| ||
(Source: P.A. 100-43, eff. 8-9-17; 100-391, eff. 8-25-17; | ||
revised 9-25-17.)
| ||
(30 ILCS 500/45-57) | ||
Sec. 45-57. Veterans. | ||
(a) Set-aside goal. It is the goal of the State to promote | ||
and encourage the continued economic development of small | ||
businesses owned and controlled by qualified veterans and that | ||
qualified service-disabled veteran-owned small businesses | ||
(referred to as SDVOSB) and veteran-owned small businesses | ||
(referred to as VOSB) participate in the State's procurement | ||
process as both prime contractors and subcontractors. Not less | ||
than 3% of the total dollar amount of State contracts, as | ||
defined by the Director of Central Management Services, shall | ||
be established as a goal to be awarded to SDVOSB and VOSB. That
| ||
portion of a contract under which the contractor subcontracts
| ||
with a SDVOSB or VOSB may be counted toward the
goal of this | ||
subsection. The Department of Central Management Services | ||
shall adopt rules to implement compliance with this subsection | ||
by all State agencies. |
(b) Fiscal year reports. By each November 1, each chief | ||
procurement officer shall report to the Department of Central | ||
Management Services on all of the following for the immediately | ||
preceding fiscal year, and by each March 1 the Department of | ||
Central Management Services shall compile and report that | ||
information to the General Assembly: | ||
(1) The total number of VOSB, and the number of SDVOSB, | ||
who submitted bids for contracts under this Code. | ||
(2) The total number of VOSB, and the number of SDVOSB, | ||
who entered into contracts with the State under this Code | ||
and the total value of those contracts. | ||
(c) Yearly review and recommendations. Each year, each | ||
chief procurement officer shall review the progress of all | ||
State agencies under its jurisdiction in meeting the goal | ||
described in subsection (a), with input from statewide | ||
veterans' service organizations and from the business | ||
community, including businesses owned by qualified veterans, | ||
and shall make recommendations to be included in the Department | ||
of Central Management Services' report to the General Assembly | ||
regarding continuation, increases, or decreases of the | ||
percentage goal. The recommendations shall be based upon the | ||
number of businesses that are owned by qualified veterans and | ||
on the continued need to encourage and promote businesses owned | ||
by qualified veterans. | ||
(d) Governor's recommendations. To assist the State in | ||
reaching the goal described in subsection (a), the Governor |
shall recommend to the General Assembly changes in programs to | ||
assist businesses owned by qualified veterans. | ||
(e) Definitions. As used in this Section: | ||
"Armed forces of the United States" means the United States | ||
Army, Navy, Air Force, Marine Corps, Coast Guard, or service in | ||
active duty as defined under 38 U.S.C. Section 101. Service in | ||
the Merchant Marine that constitutes active duty under Section | ||
401 of federal Public Act 95-202 shall also be considered | ||
service in the armed forces for purposes of this Section. | ||
"Certification" means a determination made by the Illinois | ||
Department of Veterans' Affairs and the Department of Central | ||
Management Services that a business entity is a qualified | ||
service-disabled veteran-owned small business or a qualified | ||
veteran-owned small business for whatever purpose. A SDVOSB or | ||
VOSB owned and controlled by women, minorities, or persons with | ||
disabilities, as those terms are defined in Section 2 of the | ||
Business Enterprise for Minorities, Women, and Persons with | ||
Disabilities Act, may also select and designate whether that | ||
business is to be certified as a "women-owned business", | ||
"minority-owned business", or "business owned by a person with | ||
a disability", as defined in Section 2 of the Business | ||
Enterprise for Minorities, Women, and Persons with | ||
Disabilities Act. | ||
"Control" means the exclusive, ultimate, majority, or sole | ||
control of the business, including but not limited to capital | ||
investment and all other financial matters, property, |
acquisitions, contract negotiations, legal matters, | ||
officer-director-employee selection and comprehensive hiring, | ||
operation responsibilities, cost-control matters, income and | ||
dividend matters, financial transactions, and rights of other | ||
shareholders or joint partners. Control shall be real, | ||
substantial, and continuing, not pro forma. Control shall | ||
include the power to direct or cause the direction of the | ||
management and policies of the business and to make the | ||
day-to-day as well as major decisions in matters of policy, | ||
management, and operations. Control shall be exemplified by | ||
possessing the requisite knowledge and expertise to run the | ||
particular business, and control shall not include simple | ||
majority or absentee ownership. | ||
"Qualified service-disabled veteran" means a
veteran who | ||
has been found to have 10% or more service-connected disability | ||
by the United States Department of Veterans Affairs or the | ||
United States Department of Defense. | ||
"Qualified service-disabled veteran-owned small business" | ||
or "SDVOSB" means a small business (i) that is at least 51% | ||
owned by one or more qualified service-disabled veterans living | ||
in Illinois or, in the case of a corporation, at least 51% of | ||
the stock of which is owned by one or more qualified | ||
service-disabled veterans living in Illinois; (ii) that has its | ||
home office in Illinois; and (iii) for which items (i) and (ii) | ||
are factually verified annually by the Department of Central | ||
Management Services. |
"Qualified veteran-owned small business" or "VOSB" means a | ||
small business (i) that is at least 51% owned by one or more | ||
qualified veterans living in Illinois or, in the case of a | ||
corporation, at least 51% of the stock of which is owned by one | ||
or more qualified veterans living in Illinois; (ii) that has | ||
its home office in Illinois; and (iii) for which items (i) and | ||
(ii) are factually verified annually by the Department of | ||
Central Management Services. | ||
"Service-connected disability" means a disability incurred | ||
in the line of duty in the active military, naval, or air | ||
service as described in 38 U.S.C. 101(16). | ||
"Small business" means a business that has annual gross | ||
sales of less than $75,000,000 as evidenced by the federal | ||
income tax return of the business. A firm with gross sales in | ||
excess of this cap may apply to the Department of Central | ||
Management Services for certification for a particular | ||
contract if the firm can demonstrate that the contract would | ||
have significant impact on SDVOSB or VOSB as suppliers or | ||
subcontractors or in employment of veterans or | ||
service-disabled veterans. | ||
"State agency" has the meaning provided in Section 1-15.100 | ||
of this Code Women . | ||
"Time of hostilities with a foreign country" means any | ||
period of time in the past, present, or future during which a | ||
declaration of war by the United States Congress has been or is | ||
in effect or during which an emergency condition has been or is |
in effect that is recognized by the issuance of a Presidential | ||
proclamation or a Presidential executive order and in which the | ||
armed forces expeditionary medal or other campaign service | ||
medals are awarded according to Presidential executive order. | ||
"Veteran" means a person who (i) has been a member of the | ||
armed forces of the United States or, while a citizen of the | ||
United States, was a member of the armed forces of allies of | ||
the United States in time of hostilities with a foreign country | ||
and (ii) has served under one or more of the following | ||
conditions: (a) the veteran served a total of at least 6 | ||
months; (b) the veteran served for the duration of hostilities | ||
regardless of the length of the engagement; (c) the veteran was | ||
discharged on the basis of hardship; or (d) the veteran was | ||
released from active duty because of a service connected | ||
disability and was discharged under honorable conditions. | ||
(f) Certification program. The Illinois Department of | ||
Veterans' Affairs and the Department of Central Management | ||
Services shall work together to devise a certification | ||
procedure to assure that businesses taking advantage of this | ||
Section are legitimately classified as qualified | ||
service-disabled veteran-owned small businesses or qualified | ||
veteran-owned small businesses.
| ||
(g) Penalties. | ||
(1) Administrative penalties. The chief procurement | ||
officers appointed pursuant to Section 10-20 shall suspend | ||
any person who commits a violation of Section 17-10.3 or |
subsection (d) of Section 33E-6 of the Criminal Code of | ||
2012 relating to this Section from bidding on, or | ||
participating as a contractor, subcontractor, or supplier | ||
in, any State contract or project for a period of not less | ||
than 3 years, and, if the person is certified as a | ||
service-disabled veteran-owned small business or a | ||
veteran-owned small business, then the Department shall | ||
revoke the business's certification for a period of not | ||
less than 3 years. An additional or subsequent violation | ||
shall extend the periods of suspension and revocation for a | ||
period of not less than 5 years. The suspension and | ||
revocation shall apply to the principals of the business | ||
and any subsequent business formed or financed by, or | ||
affiliated with, those principals. | ||
(2) Reports of violations. Each State agency shall | ||
report any alleged violation of Section 17-10.3 or | ||
subsection (d) of Section 33E-6 of the Criminal Code of | ||
2012 relating to this Section to the chief procurement | ||
officers appointed pursuant to Section 10-20. The chief | ||
procurement officers appointed pursuant to Section 10-20 | ||
shall subsequently report all such alleged violations to | ||
the Attorney General, who shall determine whether to bring | ||
a civil action against any person for the violation. | ||
(3) List of suspended persons. The chief procurement | ||
officers appointed pursuant to Section 10-20 shall monitor | ||
the status of all reported violations of Section 17-10.3 or |
subsection (d) of Section 33E-6 of the Criminal Code of | ||
1961 or the Criminal Code of 2012 relating to this Section | ||
and shall maintain and make available to all State agencies | ||
a central listing of all persons that committed violations | ||
resulting in suspension. | ||
(4) Use of suspended persons. During the period of a | ||
person's suspension under paragraph (1) of this | ||
subsection, a State agency shall not enter into any | ||
contract with that person or with any contractor using the | ||
services of that person as a subcontractor. | ||
(5) Duty to check list. Each State agency shall check | ||
the central listing provided by the chief procurement | ||
officers appointed pursuant to Section 10-20 under | ||
paragraph (3) of this subsection to verify that a person | ||
being awarded a contract by that State agency, or to be | ||
used as a subcontractor or supplier on a contract being | ||
awarded by that State agency, is not under suspension | ||
pursuant to paragraph (1) of this subsection. | ||
(Source: P.A. 100-43, eff. 8-9-17; 100-391, eff. 8-25-17; | ||
revised 10-13-17.) | ||
Section 155. The Governmental Joint Purchasing Act is | ||
amended by changing Section 1 as follows:
| ||
(30 ILCS 525/1) (from Ch. 85, par. 1601)
| ||
Sec. 1. Definitions. For the purposes of this Act : , |
"Governmental unit" means the State of
Illinois, any State | ||
agency as defined in Section 1-15.100 of the Illinois | ||
Procurement Code, officers of the State of Illinois, any public | ||
authority which has the power to tax, or
any other public | ||
entity created by statute.
| ||
"Master contract" means a definite quantity or indefinite | ||
quantity contract awarded pursuant to this Act against which | ||
subsequent orders may be placed to meet the needs of a | ||
governmental unit or qualified not-for-profit agency. | ||
"Multiple award" means an award that is made to 2 or more | ||
bidders or offerors for similar supplies or services. | ||
(Source: P.A. 100-43, eff. 8-9-17; revised 9-25-17.)
| ||
Section 160. The State Prompt Payment Act is amended by | ||
changing Section 7 as follows:
| ||
(30 ILCS 540/7)
(from Ch. 127, par. 132.407)
| ||
Sec. 7. Payments to subcontractors and material suppliers. | ||
(a) When a State official or agency responsible for | ||
administering a
contract submits a voucher to the Comptroller | ||
for
payment to a contractor, that State official or agency | ||
shall promptly make
available electronically
the voucher | ||
number, the date of the voucher, and
the amount of the voucher.
| ||
The State official or agency responsible for administering the | ||
contract shall
provide subcontractors and material suppliers, | ||
known to the State official or
agency, with instructions on how |
to access the electronic information. | ||
(a-5) When a
contractor receives any payment, the | ||
contractor shall
pay each subcontractor and material supplier | ||
in proportion to the work
completed by each subcontractor and | ||
material supplier its application or pay estimate, plus | ||
interest received under this Act. When a contractor receives | ||
any payment, the contractor shall pay each lower-tiered | ||
subcontractor and material supplier and each subcontractor and | ||
material supplier shall make payment to its own respective | ||
subcontractors and material suppliers. If the contractor | ||
receives less than the full payment
due under the public | ||
construction contract, the contractor shall be
obligated to | ||
disburse on a pro rata basis those funds received, plus | ||
interest received under this Act, with the
contractor, | ||
subcontractors and material suppliers each receiving a | ||
prorated
portion based on the amount of payment each has | ||
earned. When, however, the State official or agency
does not | ||
release the full payment due under the contract because there | ||
are
specific areas of work or materials the State agency or | ||
official has determined are not suitable for
payment, then | ||
those specific subcontractors or material suppliers involved | ||
shall not
be paid for that portion of work rejected or deemed | ||
not suitable for
payment and all other subcontractors and | ||
suppliers shall be paid based upon the amount of payment each | ||
has earned, plus interest received under this Act.
| ||
(a-10) For construction contracts with the Department of |
Transportation, the contractor, subcontractor, or material | ||
supplier, regardless of tier, shall not offset, decrease, or | ||
diminish payment or payments that are due to its subcontractors | ||
or material suppliers without reasonable cause. | ||
A contractor, who refuses to make prompt payment, in whole | ||
or in part, shall provide to the subcontractor or material | ||
supplier and the public owner or its agent, a written notice of | ||
that refusal. The written notice shall be made by a contractor | ||
no later than 5 calendar days after payment is received by the | ||
contractor. The written notice shall identify the Department of | ||
Transportation's contract, any subcontract or material | ||
purchase agreement, a detailed reason for refusal, the value of | ||
the payment to be withheld, and the specific remedial actions | ||
required of the subcontractor or material supplier so that | ||
payment may be made. Written notice of refusal may be given in | ||
a form and method which is acceptable to the parties and public | ||
owner. | ||
(b) If the contractor, without reasonable cause, fails to | ||
make full payment of amounts due under subsection (a) to its
| ||
subcontractors and material suppliers within 15 calendar days | ||
after
receipt of
payment from the State official or agency, the | ||
contractor shall pay to its
subcontractors and material | ||
suppliers, in addition to the payment due
them, interest in the | ||
amount of
2% per month, calculated from the
expiration of the | ||
15-day period until fully paid. This subsection shall further
| ||
apply to any payments made by subcontractors and material |
suppliers to
their subcontractors and material suppliers and to | ||
all payments made to
lower tier subcontractors and material | ||
suppliers throughout the contracting
chain.
| ||
(1) If a contractor, without reasonable cause, fails to | ||
make payment in
full as
provided in subsection (a-5) within | ||
15 calendar days after receipt of payment under the
public
| ||
construction contract, any subcontractor or material | ||
supplier to whom payments
are owed
may file a written | ||
notice and request for administrative hearing with the | ||
State official or agency setting forth the
amount owed by
| ||
the contractor and the contractor's failure to timely pay | ||
the amount owed. The written notice and request for | ||
administrative hearing shall identify the public | ||
construction contract, the contractor, and the amount | ||
owed, and shall contain a sworn statement or attestation to | ||
verify the accuracy of the notice. The notice and request | ||
for administrative hearing shall be filed with the State | ||
official for the public construction contract, with a copy | ||
of the notice concurrently provided to the contractor. | ||
Notice to the State official may be made by certified or | ||
registered mail, messenger service, or personal service, | ||
and must include proof of delivery to the State official.
| ||
(2) The State official or agency, within 15 calendar | ||
days after receipt of a
subcontractor's
or material | ||
supplier's written notice and request for administrative | ||
hearing,
shall hold a hearing convened by an administrative |
law judge to determine whether the contractor withheld | ||
payment,
without
reasonable cause, from the subcontractors | ||
or material suppliers and what
amount, if any,
is due to | ||
the subcontractors or material suppliers, and the | ||
reasonable cause or causes asserted by the contractor. The | ||
State official or
agency shall
provide appropriate notice | ||
to the parties of the date, time, and location of
the | ||
hearing. Each contractor, subcontractor, or material | ||
supplier has the right to be represented by counsel at a | ||
hearing and to cross-examine witnesses and challenge | ||
documents. Upon the request of the subcontractor or | ||
material supplier and a showing of good cause, reasonable | ||
continuances may be granted by the administrative law | ||
judge.
| ||
(3) Upon a finding by the administrative law judge that | ||
the contractor failed
to make
payment in full, without | ||
reasonable cause, as provided in subsection (a-10), then
| ||
the administrative law judge shall, in writing, order the | ||
contractor to pay the amount
owed to the
subcontractors or | ||
material suppliers plus interest within 15 calendar days | ||
after the order.
| ||
(4) If a contractor fails to make full payment as | ||
ordered under paragraph (3) of this subsection (b) within | ||
15 days after the
administrative law judge's order, then | ||
the contractor shall be barred from
entering into a State
| ||
public construction contract for a period of one year |
beginning on the date of
the administrative law judge's | ||
order.
| ||
(5) If, on 2 or more occasions within a 3-calendar-year | ||
period, there is a finding by an administrative law judge | ||
that the contractor failed to make payment in full, without | ||
reasonable cause, and a written order was issued to a | ||
contractor under paragraph (3) of this subsection (b), then | ||
the contractor shall be barred from entering into a State | ||
public construction contract for a period of 6 months | ||
beginning on the date of the administrative law judge's | ||
second written order, even if the payments required under | ||
the orders were made in full. | ||
(6) If a contractor fails to make full payment as | ||
ordered under paragraph (4) of this subsection (b), the | ||
subcontractor or material supplier may, within 30 days of | ||
the date of that order, petition the State agency for an | ||
order for reasonable attorney's fees and costs incurred in | ||
the prosecution of the action under this subsection (b). | ||
Upon that petition and taking of additional evidence, as | ||
may be required, the administrative law judge may issue a | ||
supplemental order directing the contractor to pay those | ||
reasonable attorney's fees and costs. | ||
(7) The written order of the administrative law judge | ||
shall be final and appealable under the Administrative | ||
Review Law. | ||
(c) This Section shall not be construed to in any manner |
diminish, negate, or interfere with the | ||
contractor-subcontractor or contractor-material supplier | ||
relationship or commercially useful function. | ||
(d) This Section shall not preclude, bar, or stay the | ||
rights, remedies, and defenses available to the parties by way | ||
of the operation of their contract, purchase agreement, the | ||
Mechanics Lien Act, or the Public Construction Bond Act. | ||
(e) State officials and agencies may adopt rules as may be | ||
deemed necessary in order to establish the formal procedures | ||
required under this Section. | ||
(f) As used in this Section: , | ||
"Payment" means the discharge of an obligation in money or | ||
other valuable consideration or thing delivered in full or | ||
partial satisfaction of an obligation to pay. "Payment" shall | ||
include interest paid pursuant to this Act. | ||
"Reasonable cause" may include, but is not limited to, | ||
unsatisfactory workmanship or materials; failure to provide | ||
documentation required by the contract, subcontract, or | ||
material purchase agreement; claims made against the | ||
Department of Transportation or the subcontractor pursuant to | ||
subsection (c) of Section 23 of the Mechanics Lien Act or the | ||
Public Construction Bond Act; judgments, levies, garnishments, | ||
or other court-ordered assessments or offsets in favor of the | ||
Department of Transportation or other State agency entered | ||
against a subcontractor or material supplier. "Reasonable | ||
cause" does not include payments issued to the contractor that |
create a negative or reduced valuation pay application or pay | ||
estimate due to a reduction of contract quantities or work not | ||
performed or provided by the subcontractor or material | ||
supplier; the interception or withholding of funds for reasons | ||
not related to the subcontractor's or material supplier's work | ||
on the contract; anticipated claims or assessments of third | ||
parties not a party related to the contract or subcontract; | ||
asserted claims or assessments of third parties that are not | ||
authorized by court order, administrative tribunal, or | ||
statute. "Reasonable cause" further does not include the | ||
withholding, offset, or reduction of payment, in whole or in | ||
part, due to the assessment of liquidated damages or penalties | ||
assessed by the Department of Transportation against the | ||
contractor, unless the subcontractor's performance or supplied | ||
materials were the sole and proximate cause of the liquidated | ||
damage or penalty. | ||
(Source: P.A. 100-43, eff. 8-9-17; 100-376, eff. 1-1-18; | ||
revised 10-22-17.)
| ||
Section 165. The Business Enterprise for Minorities, | ||
Women, and Persons with
Disabilities Act is amended by setting | ||
forth, renumbering, and changing multiple versions of Section | ||
8g as follows: | ||
(30 ILCS 575/8g) | ||
(Section scheduled to be repealed on June 30, 2020) |
Sec. 8g. Business Enterprise Program Council reports. | ||
(a) The Department of Central Management Services shall | ||
provide a report to the Council identifying all State agency | ||
non-construction solicitations that exceed $20,000,000 and | ||
that have less than a 20% established goal prior to | ||
publication. | ||
(b) The Department of Central Management Services shall | ||
provide a report to the Council identifying all State agency | ||
non-construction awards that exceed $20,000,000. The report | ||
shall contain the following: (i) the name of the awardee; (ii) | ||
the total bid amount; (iii) the established Business Enterprise | ||
Program goal; (iv) the dollar amount and percentage of | ||
participation by businesses owned by minorities, women, and | ||
persons with disabilities; and (v) the names of the certified | ||
firms identified in the utilization plan.
| ||
(Source: P.A. 100-391, eff. 8-25-17.) | ||
(30 ILCS 575/8j) | ||
(Section scheduled to be repealed on June 30, 2020) | ||
Sec. 8j 8g . Special Committee on Minority, Female, Persons | ||
with Disabilities, and Veterans Contracting. | ||
(a) There is created a Special Committee on Minority, | ||
Female, Persons with Disabilities, and Veterans Contracting | ||
under the Council. The Special Committee shall review Illinois' | ||
procurement laws regarding contracting with minority-owned | ||
businesses, women-owned female-owned businesses, businesses |
owned by persons with disabilities, and veteran-owned | ||
businesses to determine what changes should be made to increase | ||
participation of these businesses in State procurements. | ||
(b) The Special Committee shall consist of the following | ||
members: | ||
(1) 3 persons each to be appointed by the Speaker of | ||
the House of Representatives, the Minority Leader of the | ||
House of Representatives, the President of the Senate, and | ||
the Minority Leader of the Senate; only one Special | ||
Committee member of each appointee under this paragraph may | ||
be a current member of the General Assembly; | ||
(2) the Director of Central Management Services, or his | ||
or her designee; | ||
(3) the chairperson of the Council, or his or her | ||
designee; and | ||
(4) each chief procurement officer. | ||
(c) The Special Committee shall conduct at least 3 | ||
hearings, with at least one hearing in Springfield and one in | ||
Chicago. Each hearing shall be open to the public and notice of | ||
the hearings shall be posted on the websites of the Procurement | ||
Policy Board, the Department of Central Management Services, | ||
and the General Assembly at least 6 days prior to the hearing.
| ||
(Source: P.A. 100-43, eff. 8-9-17; revised 12-14-17.) | ||
Section 170. The Grant Accountability and Transparency Act | ||
is amended by changing Section 45 as follows: |
(30 ILCS 708/45) | ||
(Section scheduled to be repealed on July 16, 2020)
| ||
Sec. 45. Applicability.
| ||
(a) The requirements established under this Act apply to | ||
State grant-making agencies that make State and federal | ||
pass-through awards to non-federal entities. These | ||
requirements apply to all costs related to State and federal | ||
pass-through awards.
The requirements established under this | ||
Act do not apply to private awards. | ||
(a-5) Nothing in this Act shall prohibit the use of State | ||
funds for purposes of federal match or maintenance of effort. | ||
(b) The terms and conditions of State, federal, and | ||
pass-through awards apply to subawards and subrecipients | ||
unless a particular Section of this Act or the terms and | ||
conditions of the State or federal award specifically indicate | ||
otherwise. Non-federal entities shall comply with requirements | ||
of this Act regardless of whether the non-federal entity is a | ||
recipient or subrecipient of a State or federal pass-through | ||
award. Pass-through entities shall comply with the | ||
requirements set forth under the rules adopted under subsection | ||
(a) of Section 20 of this Act, but not to any requirements in | ||
this Act directed towards State or federal awarding agencies, | ||
unless the requirements of the State or federal awards indicate | ||
otherwise.
| ||
When a non-federal entity is awarded a cost-reimbursement |
contract, only 2 CFR 200.330 through 200.332 are incorporated | ||
by reference into the contract. However, when the Cost | ||
Accounting Standards are applicable to the contract, they take | ||
precedence over the requirements of this Act unless they are in | ||
conflict with Subpart F of 2 CFR 200. In addition, costs that | ||
are made unallowable under 10 U.S.C. 2324(e) and 41 U.S.C. | ||
4304(a), as described in the Federal Acquisition Regulations, | ||
subpart 31.2 and subpart 31.603, are always unallowable. For | ||
requirements other than those covered in Subpart D of 2 CFR | ||
200.330 through 200.332, the terms of the contract and the | ||
Federal Acquisition Regulations apply.
| ||
With the exception of Subpart F of 2 CFR 200, which is | ||
required by the Single Audit Act, in any circumstances where | ||
the provisions of federal statutes or regulations differ from | ||
the provisions of this Act, the provision of the federal | ||
statutes or regulations govern. This includes, for agreements | ||
with Indian tribes, the provisions of the Indian | ||
Self-Determination and Education and Assistance Act, as | ||
amended, 25 U.S.C. 450-458ddd-2.
| ||
(c) State grant-making agencies may apply subparts A | ||
through E of 2 CFR 200 to for-profit entities, foreign public | ||
entities, or foreign organizations, except where the awarding | ||
agency determines that the application of these subparts would | ||
be inconsistent with the international obligations of the | ||
United States or the statute or regulations of a foreign | ||
government.
|
(d) Except for 2 CFR 200.202 and 200.330 through 200.332, | ||
the requirements in Subparts C, D, and E of 2 CFR 200 do not | ||
apply to the following programs:
| ||
(1) The block grant awards authorized by the Omnibus | ||
Budget Reconciliation Act of 1981 (including Community | ||
Services; Preventive Health and Health Services; Alcohol, | ||
Drug Abuse, and Mental Health Services; Maternal and Child | ||
Health Services; Social Services; Low-Income Home Energy | ||
Assistance; States' Program of Community Development Block | ||
Grant Awards for Small Cities; and Elementary and Secondary | ||
Education, other than programs administered by the | ||
Secretary of Education under Title V, Subtitle D, Chapter | ||
2, Section 583 - the Secretary's discretionary award | ||
program) and both the Alcohol and Drug Abuse Treatment and | ||
Rehabilitation Block Grant Award (42 U.S.C. 300x-21 to | ||
300x-35 and 42 U.S.C. 300x-51 to 300x-64) and the Mental | ||
Health Service for the Homeless Block Grant Award (42 | ||
U.S.C. 300x to 300x-9) under the Public Health Services | ||
Act.
| ||
(2) Federal awards to local education agencies under 20 | ||
U.S.C. 7702 through 7703b (portions of the Impact Aid | ||
program).
| ||
(3) Payments under the Department of Veterans Affairs' | ||
State Home Per Diem Program (38 U.S.C. 1741).
| ||
(4) Federal awards authorized under the Child Care and | ||
Development Block Grant Act of 1990, as amended, including |
the following:
| ||
(A) Child Care and Development Block Grant (42 | ||
U.S.C. 9858). | ||
(B) Child Care Mandatory and Matching Funds of the | ||
Child Care and Development Fund (42 U.S.C. 9858). | ||
(e) Except for the 2 CFR 200.202 requirement to provide | ||
public notice of federal financial assistance programs, the | ||
guidance in Subpart C Pre-federal Award Requirements and | ||
Contents of Federal Awards does not apply to the following | ||
programs: | ||
(1) Entitlement federal awards to carry out the | ||
following programs of the Social Security Act: | ||
(A) Temporary Assistance for to Needy Families | ||
(Title IV-A of the Social Security Act, 42 U.S.C. | ||
601-619);
| ||
(B) Child Support Enforcement and Establishment of | ||
Paternity (Title IV-D of the Social Security Act, 42 | ||
U.S.C. 651-669b);
| ||
(C) Foster Care and Adoption Assistance (Title | ||
IV-E of the Act, 42 U.S.C. 670-679c);
| ||
(D) Aid to the Aged, Blind, and Disabled (Titles I, | ||
X, XIV, and XVI - AABD of the Act, as amended); and
| ||
(E) Medical Assistance (Medicaid) (42 U.S.C. | ||
1396-1396w-5), not including the State Medicaid Fraud | ||
Control program authorized by Section 1903(a)(6)(B) of | ||
the Social Security Act (42 U.S.C. 1396b(a)(6)(B)). |
(2) A federal award for an experimental, pilot, or | ||
demonstration project that is also supported by a federal | ||
award listed in paragraph (1) of subsection (e) of this | ||
Section.
| ||
(3) Federal awards under subsection 412(e) of the | ||
Immigration and Nationality Act of 1965 and Section 501(a) | ||
of the Refugee Education Assistance Act of 1980 for cash | ||
assistance, medical assistance, and supplemental security | ||
income benefits to refugees and entrants and the | ||
administrative costs of providing the assistance and | ||
benefits under 8 U.S.C. 1522(e).
| ||
(4) Entitlement awards under the following programs of | ||
The National School Lunch Act: | ||
(A) National School Lunch Program (42 U.S.C. | ||
1753);
| ||
(B) Commodity Assistance (42 U.S.C. 1755);
| ||
(C) Special Meal Assistance (42 U.S.C. 1759a);
| ||
(D) Summer Food Service Program for Children (42 | ||
U.S.C. 1761); and
| ||
(E) Child and Adult Care Food Program (42 U.S.C. | ||
1766).
| ||
(5) Entitlement awards under the following programs of | ||
The Child Nutrition Act of 1966: | ||
(A) Special Milk Program (42 U.S.C. 1772);
| ||
(B) School Breakfast Program (42 U.S.C. 1773); and
| ||
(C) State Administrative Expenses (42 U.S.C. |
1776).
| ||
(6) Entitlement awards for State Administrative | ||
Expenses under The Food and Nutrition Act of 2008 (7 U.S.C. | ||
2025). | ||
(7) Non-discretionary federal awards under the | ||
following non-entitlement programs:
| ||
(A) Special Supplemental Nutrition Program for | ||
Women, Infants and Children under the Child Nutrition | ||
Act of 1966 (42 U.S.C. 1786);
| ||
(B) The Emergency Food Assistance Programs | ||
(Emergency Food Assistance Act of 1983) (7 U.S.C. | ||
7501); and
| ||
(C) Commodity Supplemental Food Program (7 U.S.C. | ||
612c).
| ||
(f) For public institutions of higher education, the | ||
provisions of this Act apply only to awards funded by State | ||
appropriations and federal pass-through awards from a State | ||
agency to public institutions of higher education. | ||
(g) Each grant-making agency shall enhance its processes to | ||
monitor and address noncompliance with reporting requirements | ||
and with program performance standards. Where applicable, the | ||
process may include a corrective action plan. The monitoring | ||
process shall include a plan for tracking and documenting | ||
performance-based contracting decisions.
| ||
(Source: P.A. 98-706, eff. 7-16-14; revised 9-25-17.) |
Section 175. The Downstate Public Transportation Act is | ||
amended by changing Section 2-3 as follows:
| ||
(30 ILCS 740/2-3) (from Ch. 111 2/3, par. 663)
| ||
(Text of Section before amendment by P.A. 100-363 ) | ||
Sec. 2-3. (a) As soon as possible after the first day of | ||
each month,
beginning July 1, 1984, upon certification of the | ||
Department of Revenue,
the Comptroller shall order | ||
transferred, and the Treasurer shall
transfer, from the General | ||
Revenue Fund to a special fund in the State
Treasury which is | ||
hereby created, to be known as the "Downstate Public
| ||
Transportation Fund", an amount equal to 2/32 (beginning July | ||
1, 2005, 3/32) of the net revenue
realized from the " Retailers' | ||
Occupation Tax Act ", as now or hereafter
amended , the " Service | ||
Occupation Tax Act ", as now or hereafter amended ,
the " Use Tax | ||
Act ", as now or hereafter amended , and the " Service Use Tax
| ||
Act ", as now or hereafter amended, from persons incurring | ||
municipal or
county retailers' or service occupation tax | ||
liability for the benefit of
any municipality or county located | ||
wholly within the boundaries of each
participant , other than | ||
any Metro-East Transit District participant
certified pursuant | ||
to subsection (c) of this Section during the
preceding month, | ||
except that the Department shall pay into the Downstate
Public | ||
Transportation Fund 2/32 (beginning July 1, 2005, 3/32) of 80% | ||
of the net revenue realized under
the State tax Acts named | ||
above within any municipality or county located
wholly within |
the boundaries of each participant, other than any Metro-East
| ||
participant, for tax periods beginning on or after January 1, | ||
1990.
Net revenue realized for a month shall be the revenue
| ||
collected by the State pursuant to such Acts during the | ||
previous month
from persons incurring municipal or county | ||
retailers' or service
occupation tax liability for the benefit | ||
of any municipality or county
located wholly within the | ||
boundaries of a participant, less the amount
paid out during | ||
that same month as refunds or credit memoranda to
taxpayers for | ||
overpayment of liability under such Acts for the benefit
of any | ||
municipality or county located wholly within the boundaries of | ||
a
participant. | ||
Notwithstanding any provision of law to the contrary, | ||
beginning on July 6, 2017 ( the effective date of Public Act | ||
100-23) this amendatory Act of the 100th General Assembly , | ||
those amounts required under this subsection (a) to be | ||
transferred by the Treasurer into the Downstate Public | ||
Transportation Fund from the General Revenue Fund shall be | ||
directly deposited into the Downstate Public Transportation | ||
Fund as the revenues are realized from the taxes indicated.
| ||
(b) As soon as possible after the first day of each month, | ||
beginning
July 1, 1989, upon certification of the Department of | ||
Revenue, the
Comptroller shall order transferred, and the | ||
Treasurer shall transfer, from
the General Revenue Fund to a | ||
special fund in the State Treasury which is
hereby created, to | ||
be known as the "Metro-East Public Transportation Fund",
an |
amount equal to 2/32 of the net revenue realized, as above, | ||
from within
the boundaries of Madison, Monroe, and St. Clair | ||
Counties, except that the
Department shall pay into the | ||
Metro-East Public Transportation Fund 2/32 of
80% of the net | ||
revenue realized under the State tax Acts specified in
| ||
subsection (a) of this Section within the boundaries of
| ||
Madison, Monroe and St. Clair Counties for tax periods | ||
beginning on or
after January 1, 1990. A local match
equivalent | ||
to an amount which could be raised by a tax levy at the rate of
| ||
.05% on the assessed value of property within the boundaries of | ||
Madison County is required annually to cause a total of 2/32
of | ||
the net revenue to be deposited in the Metro-East Public | ||
Transportation
Fund. Failure to raise the required local match | ||
annually shall result in
only 1/32 being deposited into the | ||
Metro-East Public Transportation Fund
after July 1, 1989, or | ||
1/32 of 80% of the net revenue realized for tax
periods | ||
beginning on or after January 1, 1990.
| ||
(b-5) As soon as possible after the first day of each | ||
month, beginning July 1, 2005, upon certification of the | ||
Department of Revenue, the Comptroller shall order | ||
transferred, and the Treasurer shall transfer, from the General | ||
Revenue Fund to the Downstate Public Transportation Fund, an | ||
amount equal to 3/32 of 80% of the net revenue realized from | ||
within the boundaries of Monroe and St. Clair Counties under | ||
the State Tax Acts specified in subsection (a) of this Section | ||
and provided further that, beginning July 1, 2005, the |
provisions of subsection (b) shall no longer apply with respect | ||
to such tax receipts from Monroe and St. Clair Counties.
| ||
Notwithstanding any provision of law to the contrary, | ||
beginning on July 6, 2017 ( the effective date of Public Act | ||
100-23) this amendatory Act of the 100th General Assembly , | ||
those amounts required under this subsection (b-5) to be | ||
transferred by the Treasurer into the Downstate Public | ||
Transportation Fund from the General Revenue Fund shall be | ||
directly deposited into the Downstate Public Transportation | ||
Fund as the revenues are realized from the taxes indicated. | ||
(b-6) As soon as possible after the first day of each | ||
month, beginning July 1, 2008, upon certification by the | ||
Department of Revenue, the Comptroller shall order transferred | ||
and the Treasurer shall transfer, from the General Revenue Fund | ||
to the Downstate Public Transportation Fund, an amount equal to | ||
3/32 of 80% of the net revenue realized from within the | ||
boundaries of Madison County under the State Tax Acts specified | ||
in subsection (a) of this Section and provided further that, | ||
beginning July 1, 2008, the provisions of subsection (b) shall | ||
no longer apply with respect to such tax receipts from Madison | ||
County. | ||
Notwithstanding any provision of law to the contrary, | ||
beginning on July 6, 2017 ( the effective date of Public Act | ||
100-23) this amendatory Act of the 100th General Assembly , | ||
those amounts required under this subsection (b-6) to be | ||
transferred by the Treasurer into the Downstate Public |
Transportation Fund from the General Revenue Fund shall be | ||
directly deposited into the Downstate Public Transportation | ||
Fund as the revenues are realized from the taxes indicated. | ||
(c) The Department shall certify to the Department of | ||
Revenue the
eligible participants under this Article and the | ||
territorial boundaries
of such participants for the purposes of | ||
the Department of Revenue in
subsections (a) and (b) of this | ||
Section.
| ||
(d) For the purposes of this Article, beginning in fiscal | ||
year 2009 the General Assembly shall appropriate
an amount from | ||
the Downstate Public Transportation Fund equal to the sum total | ||
funds projected to be paid to the
participants pursuant to | ||
Section 2-7. If the General Assembly fails to make | ||
appropriations sufficient to cover the amounts projected to be | ||
paid pursuant to Section 2-7, this Act shall constitute an | ||
irrevocable and continuing appropriation from the Downstate | ||
Public Transportation Fund of all amounts necessary for those | ||
purposes. | ||
(e) Notwithstanding anything in this Section to the | ||
contrary, amounts transferred from the General Revenue Fund to | ||
the Downstate Public Transportation Fund pursuant to this | ||
Section shall not exceed $169,000,000 in State fiscal year | ||
2012. | ||
(f) For State fiscal year 2018 only, notwithstanding any | ||
provision of law to the contrary, the total amount of revenue | ||
and deposits under this Section attributable to revenues |
realized during State fiscal year 2018 shall be reduced by 10%.
| ||
(Source: P.A. 100-23, eff. 7-6-17; revised 10-20-17.) | ||
(Text of Section after amendment by P.A. 100-363 )
| ||
Sec. 2-3. (a) As soon as possible after the first day of | ||
each month,
beginning July 1, 1984, upon certification of the | ||
Department of Revenue,
the Comptroller shall order | ||
transferred, and the Treasurer shall
transfer, from the General | ||
Revenue Fund to a special fund in the State
Treasury which is | ||
hereby created, to be known as the "Downstate Public
| ||
Transportation Fund", an amount equal to 2/32 (beginning July | ||
1, 2005, 3/32) of the net revenue
realized from the " Retailers' | ||
Occupation Tax Act ", as now or hereafter
amended , the " Service | ||
Occupation Tax Act ", as now or hereafter amended ,
the " Use Tax | ||
Act ", as now or hereafter amended , and the " Service Use Tax
| ||
Act ", as now or hereafter amended, from persons incurring | ||
municipal or
county retailers' or service occupation tax | ||
liability for the benefit of
any municipality or county located | ||
wholly within the boundaries of each
participant , other than | ||
any Metro-East Transit District participant
certified pursuant | ||
to subsection (c) of this Section during the
preceding month, | ||
except that the Department shall pay into the Downstate
Public | ||
Transportation Fund 2/32 (beginning July 1, 2005, 3/32) of 80% | ||
of the net revenue realized under
the State tax Acts named | ||
above within any municipality or county located
wholly within | ||
the boundaries of each participant, other than any Metro-East
|
participant, for tax periods beginning on or after January 1, | ||
1990.
Net revenue realized for a month shall be the revenue
| ||
collected by the State pursuant to such Acts during the | ||
previous month
from persons incurring municipal or county | ||
retailers' or service
occupation tax liability for the benefit | ||
of any municipality or county
located wholly within the | ||
boundaries of a participant, less the amount
paid out during | ||
that same month as refunds or credit memoranda to
taxpayers for | ||
overpayment of liability under such Acts for the benefit
of any | ||
municipality or county located wholly within the boundaries of | ||
a
participant. | ||
Notwithstanding any provision of law to the contrary, | ||
beginning on July 6, 2017 ( the effective date of Public Act | ||
100-23) this amendatory Act of the 100th General Assembly , | ||
those amounts required under this subsection (a) to be | ||
transferred by the Treasurer into the Downstate Public | ||
Transportation Fund from the General Revenue Fund shall be | ||
directly deposited into the Downstate Public Transportation | ||
Fund as the revenues are realized from the taxes indicated.
| ||
(b) As soon as possible after the first day of each month, | ||
beginning
July 1, 1989, upon certification of the Department of | ||
Revenue, the
Comptroller shall order transferred, and the | ||
Treasurer shall transfer, from
the General Revenue Fund to a | ||
special fund in the State Treasury which is
hereby created, to | ||
be known as the "Metro-East Public Transportation Fund",
an | ||
amount equal to 2/32 of the net revenue realized, as above, |
from within
the boundaries of Madison, Monroe, and St. Clair | ||
Counties, except that the
Department shall pay into the | ||
Metro-East Public Transportation Fund 2/32 of
80% of the net | ||
revenue realized under the State tax Acts specified in
| ||
subsection (a) of this Section within the boundaries of
| ||
Madison, Monroe and St. Clair Counties for tax periods | ||
beginning on or
after January 1, 1990. A local match
equivalent | ||
to an amount which could be raised by a tax levy at the rate of
| ||
.05% on the assessed value of property within the boundaries of | ||
Madison County is required annually to cause a total of 2/32
of | ||
the net revenue to be deposited in the Metro-East Public | ||
Transportation
Fund. Failure to raise the required local match | ||
annually shall result in
only 1/32 being deposited into the | ||
Metro-East Public Transportation Fund
after July 1, 1989, or | ||
1/32 of 80% of the net revenue realized for tax
periods | ||
beginning on or after January 1, 1990.
| ||
(b-5) As soon as possible after the first day of each | ||
month, beginning July 1, 2005, upon certification of the | ||
Department of Revenue, the Comptroller shall order | ||
transferred, and the Treasurer shall transfer, from the General | ||
Revenue Fund to the Downstate Public Transportation Fund, an | ||
amount equal to 3/32 of 80% of the net revenue realized from | ||
within the boundaries of Monroe and St. Clair Counties under | ||
the State Tax Acts specified in subsection (a) of this Section | ||
and provided further that, beginning July 1, 2005, the | ||
provisions of subsection (b) shall no longer apply with respect |
to such tax receipts from Monroe and St. Clair Counties.
| ||
Notwithstanding any provision of law to the contrary, | ||
beginning on July 6, 2017 ( the effective date of Public Act | ||
100-23) this amendatory Act of the 100th General Assembly , | ||
those amounts required under this subsection (b-5) to be | ||
transferred by the Treasurer into the Downstate Public | ||
Transportation Fund from the General Revenue Fund shall be | ||
directly deposited into the Downstate Public Transportation | ||
Fund as the revenues are realized from the taxes indicated. | ||
(b-6) As soon as possible after the first day of each | ||
month, beginning July 1, 2008, upon certification by the | ||
Department of Revenue, the Comptroller shall order transferred | ||
and the Treasurer shall transfer, from the General Revenue Fund | ||
to the Downstate Public Transportation Fund, an amount equal to | ||
3/32 of 80% of the net revenue realized from within the | ||
boundaries of Madison County under the State Tax Acts specified | ||
in subsection (a) of this Section and provided further that, | ||
beginning July 1, 2008, the provisions of subsection (b) shall | ||
no longer apply with respect to such tax receipts from Madison | ||
County. | ||
Notwithstanding any provision of law to the contrary, | ||
beginning on July 6, 2017 ( the effective date of Public Act | ||
100-23) this amendatory Act of the 100th General Assembly , | ||
those amounts required under this subsection (b-6) to be | ||
transferred by the Treasurer into the Downstate Public | ||
Transportation Fund from the General Revenue Fund shall be |
directly deposited into the Downstate Public Transportation | ||
Fund as the revenues are realized from the taxes indicated. | ||
(b-7) Beginning July 1, 2018, notwithstanding the other | ||
provisions of this Section, instead of the Comptroller making | ||
monthly transfers from the General Revenue Fund to the | ||
Downstate Public Transportation Fund, the Department of | ||
Revenue shall deposit the designated fraction of the net | ||
revenue realized from collections under the Retailers' | ||
Occupation Tax Act, the Service Occupation Tax Act, the Use Tax | ||
Act, and the Service Use Tax Act directly into the Downstate | ||
Public Transportation Fund. | ||
(c) The Department shall certify to the Department of | ||
Revenue the
eligible participants under this Article and the | ||
territorial boundaries
of such participants for the purposes of | ||
the Department of Revenue in
subsections (a) and (b) of this | ||
Section.
| ||
(d) For the purposes of this Article, beginning in fiscal | ||
year 2009 the General Assembly shall appropriate
an amount from | ||
the Downstate Public Transportation Fund equal to the sum total | ||
funds projected to be paid to the
participants pursuant to | ||
Section 2-7. If the General Assembly fails to make | ||
appropriations sufficient to cover the amounts projected to be | ||
paid pursuant to Section 2-7, this Act shall constitute an | ||
irrevocable and continuing appropriation from the Downstate | ||
Public Transportation Fund of all amounts necessary for those | ||
purposes. |
(e) Notwithstanding anything in this Section to the | ||
contrary, amounts transferred from the General Revenue Fund to | ||
the Downstate Public Transportation Fund pursuant to this | ||
Section shall not exceed $169,000,000 in State fiscal year | ||
2012. | ||
(f) For State fiscal year 2018 only, notwithstanding any | ||
provision of law to the contrary, the total amount of revenue | ||
and deposits under this Section attributable to revenues | ||
realized during State fiscal year 2018 shall be reduced by 10%.
| ||
(Source: P.A. 100-23, eff. 7-6-17; 100-363, eff. 7-1-18; | ||
revised 10-20-17.) | ||
Section 180. The Build Illinois Act is amended by changing | ||
Section 9-3 as follows:
| ||
(30 ILCS 750/9-3) (from Ch. 127, par. 2709-3)
| ||
Sec. 9-3. Powers and duties. The Department
has the power:
| ||
(a) To make loans or equity investments to small
| ||
businesses, and to make loans or grants or investments to | ||
or through
financial intermediaries. The loans and | ||
investments shall be made from
appropriations from the
| ||
Build Illinois Bond Fund,
Illinois Capital Revolving Loan | ||
Fund, State Small Business Credit Initiative Fund, or
| ||
Illinois Equity Fund for the purpose of promoting the | ||
creation
or retention of jobs within small businesses or to | ||
modernize or maintain
competitiveness of firms in |
Illinois. The grants shall be made from
appropriations from | ||
the Build Illinois Bond Fund or Illinois Capital Revolving | ||
Loan Fund
for the purpose of technical assistance.
| ||
(b) To make loans to or investments in businesses that
| ||
have
received federal Phase I
Small Business Innovation | ||
Research grants as a bridge while awaiting
federal Phase II | ||
Small Business Innovation Research grant funds.
| ||
(c) To enter into interagency agreements, accept funds | ||
or
grants, and engage in cooperation with agencies of the
| ||
federal government, local units of government, | ||
universities, research
foundations, political subdivisions | ||
of the State, financial intermediaries,
and regional
| ||
economic development corporations or organizations for the
| ||
purposes of carrying out this Article.
| ||
(d) To enter into contracts, financial intermediary
| ||
agreements, or
any other agreements or contracts with | ||
financial intermediaries
necessary or desirable to further | ||
the purposes of this Article.
Any such agreement or | ||
contract may include, without limitation,
terms and | ||
provisions , including, but not limited to , loan
| ||
documentation, review and approval procedures, | ||
organization
and servicing rights, and default conditions.
| ||
(e) To fix, determine, charge and collect any
premiums, | ||
fees, charges, costs and expenses, including ,
without | ||
limitation, any application fees, commitment fees,
program | ||
fees, financing charges, collection fees, training fees, |
or
publication fees in
connection with its activities under | ||
this Article and to accept from any
source any gifts,
| ||
donations, or contributions of money, property, labor, or | ||
other
things of value to be held, used, and applied to | ||
carry out the purposes of this
Article. All fees, charges, | ||
collections, gifts, donations, or other
contributions | ||
shall be deposited into the Illinois Capital Revolving Loan
| ||
Fund , or the State Small Business Credit Initiative Fund.
| ||
(f) To establish application, notification,
contract, | ||
and other forms, procedures, rules or regulations
deemed | ||
necessary and appropriate.
| ||
(g) To consent, subject to the provisions of
any | ||
contract with another person, whenever it deems it
| ||
necessary or desirable in the fulfillment of the purposes | ||
of
this Article, to the modification or restructuring of | ||
any
financial intermediary agreement, loan
agreement or | ||
any equity investment agreement to which the Department is | ||
a
party.
| ||
(h) To take whatever actions are necessary or
| ||
appropriate to protect the State's interest in the event of
| ||
bankruptcy, default, foreclosure, or noncompliance with | ||
the
terms and conditions of financial assistance or | ||
participation
provided hereunder or to otherwise protect | ||
or affect the State's interest,
including the power to | ||
sell, dispose,
lease or rent, upon terms and conditions | ||
determined by the
Director to be appropriate, real or |
personal property which
the Department may receive as a | ||
result thereof.
| ||
(i) To deposit any "Qualified Securities" which have | ||
been received by
the Department as the result of any | ||
financial intermediary agreement,
loan, or
equity | ||
investment
agreement executed in the carrying out of this | ||
Act, with the Office of the
State Treasurer and held by | ||
that office until agreement to transfer such
qualified | ||
security shall be certified by the Director of
Commerce and | ||
Economic Opportunity.
| ||
(j) To assist small businesses that seek to
apply for | ||
public or private capital in
preparing the application and | ||
to supply them with grant information, plans,
reports, | ||
assistance, or advice on development finance and to assist | ||
financial
intermediaries and participating lenders to | ||
build capacity to make debt or
equity investments through | ||
conferences, workshops, seminars, publications,
or
any | ||
other media.
| ||
(k) To provide for staff, administration, and related | ||
support required to
manage the programs authorized under | ||
this Article and pay for staffing and
administration from | ||
the Illinois Capital Revolving Loan Fund , or the State | ||
Small Business Credit Initiative Fund, as appropriated
by
| ||
the General Assembly. Administration responsibilities may | ||
include, but are not
limited to, research and | ||
identification of credit disadvantaged groups; design
of |
comprehensive statewide capital access plans and programs | ||
addressing capital
gap and capital marketplace structure | ||
and information barriers; direction,
management, and | ||
control of specific projects; and communicate and | ||
cooperation
with public development finance organizations | ||
and private debt and equity
sources.
| ||
(l) To exercise such other powers as are necessary
or | ||
incidental to the foregoing.
| ||
(Source: P.A. 99-933, eff. 1-27-17; 100-377, eff. 8-25-17; | ||
revised 9-27-17.)
| ||
Section 185. The State Mandates Act is amended by changing | ||
Section 8.41 as follows: | ||
(30 ILCS 805/8.41) | ||
Sec. 8.41. Exempt mandate. Notwithstanding Sections 6 and 8 | ||
of this Act, no reimbursement by the State is required for the | ||
implementation of any mandate created by Public Act 100-23, | ||
100-239, 100-281, 100-455, or 100-544 this amendatory Act of | ||
the 100th General Assembly .
| ||
(Source: P.A. 100-23, eff. 7-6-17; 100-239, eff. 8-18-17; | ||
100-281, eff. 8-24-17; 100-455, eff. 8-25-17; 100-544, eff. | ||
11-8-17; revised 12-7-17.) | ||
Section 190. The Illinois Income Tax Act is amended by | ||
changing Sections 220, 704A, 901, and 917 as follows: |
(35 ILCS 5/220) | ||
Sec. 220. Angel investment credit. | ||
(a) As used in this Section: | ||
"Applicant" means a corporation, partnership, limited | ||
liability company, or a natural person that makes an investment | ||
in a qualified new business venture. The term "applicant" does | ||
not include a corporation, partnership, limited liability | ||
company, or a natural person who has a direct or indirect | ||
ownership interest of at least 51% in the profits, capital, or | ||
value of the investment or a related member. | ||
"Claimant" means an applicant certified by the Department | ||
who files a claim for a credit under this Section. | ||
"Department" means the Department of Commerce and Economic | ||
Opportunity. | ||
"Investment" means money (or its equivalent) given to a | ||
qualified new business venture, at a risk of loss, in | ||
consideration for an equity interest of the qualified new | ||
business venture. The Department may adopt rules to permit | ||
certain forms of contingent equity investments to be considered | ||
eligible for a tax credit under this Section. | ||
"Qualified new business venture" means a business that is | ||
registered with the Department under this Section. | ||
"Related member" means a person that, with respect to the
| ||
applicant, is any one of the following: | ||
(1) An individual, if the individual and the members of |
the individual's family (as defined in Section 318 of the | ||
Internal Revenue Code) own directly, indirectly,
| ||
beneficially, or constructively, in the aggregate, at | ||
least 50% of the value of the outstanding profits, capital, | ||
stock, or other ownership interest in the applicant. | ||
(2) A partnership, estate, or trust and any partner or | ||
beneficiary, if the partnership, estate, or trust and its | ||
partners or beneficiaries own directly, indirectly, | ||
beneficially, or constructively, in the aggregate, at | ||
least 50% of the profits, capital, stock, or other | ||
ownership interest in the applicant. | ||
(3) A corporation, and any party related to the | ||
corporation in a manner that would require an attribution | ||
of stock from the corporation under the attribution rules
| ||
of Section 318 of the Internal Revenue Code, if the | ||
applicant and any other related member own, in the | ||
aggregate, directly, indirectly, beneficially, or | ||
constructively, at least 50% of the value of the | ||
corporation's outstanding stock. | ||
(4) A corporation and any party related to that | ||
corporation in a manner that would require an attribution | ||
of stock from the corporation to the party or from the
| ||
party to the corporation under the attribution rules of | ||
Section 318 of the Internal Revenue Code, if the | ||
corporation and all such related parties own, in the | ||
aggregate, at least 50% of the profits, capital, stock, or |
other ownership interest in the applicant. | ||
(5) A person to or from whom there is attribution of | ||
stock ownership in accordance with Section 1563(e) of the | ||
Internal Revenue Code, except that for purposes of | ||
determining whether a person is a related member under this | ||
paragraph, "20%" shall be substituted for "5%" whenever | ||
"5%" appears in Section 1563(e) of the Internal Revenue | ||
Code. | ||
(b) For taxable years beginning after December 31, 2010, | ||
and ending on or before December 31, 2021, subject to the | ||
limitations provided in this Section, a claimant may claim, as | ||
a credit against the tax imposed under subsections (a) and (b) | ||
of Section 201 of this Act, an amount equal to 25% of the | ||
claimant's investment made directly in a qualified new business | ||
venture. In order for an investment in a qualified new business | ||
venture to be eligible for tax credits, the business must have | ||
applied for and received certification under subsection (e) for | ||
the taxable year in which the investment was made prior to the | ||
date on which the investment was made. The credit under this | ||
Section may not exceed the taxpayer's Illinois income tax | ||
liability for the taxable year. If the amount of the credit | ||
exceeds the tax liability for the year, the excess may be | ||
carried forward and applied to the tax liability of the 5 | ||
taxable years following the excess credit year. The credit | ||
shall be applied to the earliest year for which there is a tax | ||
liability. If there are credits from more than one tax year |
that are available to offset a liability, the earlier credit | ||
shall be applied first. In the case of a partnership or | ||
Subchapter S Corporation, the credit is allowed to the partners | ||
or shareholders in accordance with the determination of income | ||
and distributive share of income under Sections 702 and 704 and | ||
Subchapter S of the Internal Revenue Code. | ||
(c) The minimum amount an applicant must invest in any | ||
single qualified new business venture in order to be eligible | ||
for a credit under this Section is $10,000. The maximum amount | ||
of an applicant's total investment made in any single qualified | ||
new business venture that may be used as the basis for a credit | ||
under this Section is $2,000,000. | ||
(d) The Department shall implement a program to certify an | ||
applicant for an angel investment credit. Upon satisfactory | ||
review, the Department shall issue a tax credit certificate | ||
stating the amount of the tax credit to which the applicant is | ||
entitled. The Department shall annually certify that: (i) each | ||
qualified new business venture that receives an angel | ||
investment under this Section has maintained a minimum | ||
employment threshold, as defined by rule, in the State (and | ||
continues to maintain a minimum employment threshold in the | ||
State for a period of no less than 3 years from the issue date | ||
of the last tax credit certificate issued by the Department | ||
with respect to such business pursuant to this Section); and | ||
(ii) the claimant's investment has been made and remains, | ||
except in the event of a qualifying liquidity event, in the |
qualified new business venture for no less than 3 years. | ||
If an investment for which a claimant is allowed a credit | ||
under subsection (b) is held by the claimant for less than 3 | ||
years, other than as a result of a permitted sale of the | ||
investment to person who is not a related member, the claimant | ||
shall pay to the Department of Revenue, in the manner | ||
prescribed by the Department of Revenue, the aggregate amount | ||
of the disqualified credits that the claimant received related | ||
to the subject investment. | ||
If the Department determines that a qualified new business | ||
venture failed to maintain a minimum employment threshold in | ||
the State through the date which is 3 years from the issue date | ||
of the last tax credit certificate issued by the Department | ||
with respect to the subject business pursuant to this Section, | ||
the claimant or claimants shall pay to the Department of | ||
Revenue, in the manner prescribed by the Department of Revenue, | ||
the aggregate amount of the disqualified credits that claimant | ||
or claimants received related to investments in that business. | ||
(e) The Department shall implement a program to register | ||
qualified new business ventures for purposes of this Section. A | ||
business desiring registration under this Section shall be | ||
required to submit a full and complete application to the | ||
Department. A submitted application shall be effective only for | ||
the taxable year in which it is submitted, and a business | ||
desiring registration under this Section shall be required to | ||
submit a separate application in and for each taxable year for |
which the business desires registration. Further, if at any | ||
time prior to the acceptance of an application for registration | ||
under this Section by the Department one or more events occurs | ||
which makes the information provided in that application | ||
materially false or incomplete (in whole or in part), the | ||
business shall promptly notify the Department of the same. Any | ||
failure of a business to promptly provide the foregoing | ||
information to the Department may, at the discretion of the | ||
Department, result in a revocation of a previously approved | ||
application for that business, or disqualification of the | ||
business from future registration under this Section, or both. | ||
The Department may register the business only if all of the | ||
following conditions are satisfied: | ||
(1) it has its principal place of business in this | ||
State; | ||
(2) at least 51% of the employees employed by the | ||
business are employed in this State; | ||
(3) the business has the potential for increasing jobs | ||
in this State, increasing capital investment in this State, | ||
or both, as determined by the Department, and either of the | ||
following apply: | ||
(A) it is principally engaged in innovation in any | ||
of the following: manufacturing; biotechnology; | ||
nanotechnology; communications; agricultural sciences; | ||
clean energy creation or storage technology; | ||
processing or assembling products, including medical |
devices, pharmaceuticals, computer software, computer | ||
hardware, semiconductors, other innovative technology | ||
products, or other products that are produced using | ||
manufacturing methods that are enabled by applying | ||
proprietary technology; or providing services that are | ||
enabled by applying proprietary technology; or | ||
(B) it is undertaking pre-commercialization | ||
activity related to proprietary technology that | ||
includes conducting research, developing a new product | ||
or business process, or developing a service that is | ||
principally reliant on applying proprietary | ||
technology; | ||
(4) it is not principally engaged in real estate | ||
development, insurance, banking, lending, lobbying, | ||
political consulting, professional services provided by | ||
attorneys, accountants, business consultants, physicians, | ||
or health care consultants, wholesale or retail trade, | ||
leisure, hospitality, transportation, or construction, | ||
except construction of power production plants that derive | ||
energy from a renewable energy resource, as defined in | ||
Section 1 of the Illinois Power Agency Act; | ||
(5) at the time it is first certified: | ||
(A) it has fewer than 100 employees; | ||
(B) it has been in operation in Illinois for not | ||
more than 10 consecutive years prior to the year of | ||
certification; and |
(C) it has received not more than $10,000,000 in | ||
aggregate investments; | ||
(5.1) it agrees to maintain a minimum employment | ||
threshold in the State of Illinois prior to the date which | ||
is 3 years from the issue date of the last tax credit | ||
certificate issued by the Department with respect to that | ||
business pursuant to this Section; | ||
(6) (blank); and | ||
(7) it has received not more than $4,000,000 in | ||
investments that qualified for tax credits under this | ||
Section. | ||
(f) The Department, in consultation with the Department of | ||
Revenue, shall adopt rules to administer this Section. The | ||
aggregate amount of the tax credits that may be claimed under | ||
this Section for investments made in qualified new business | ||
ventures shall be limited at $10,000,000 per calendar year, of | ||
which $500,000 shall be reserved for investments made in | ||
qualified new business ventures which are minority-owned | ||
"minority owned businesses " , female-owned "female owned | ||
businesses " , or " businesses owned by a person with a | ||
disability " (as those terms are used and defined in the | ||
Business Enterprise for Minorities, Women Females , and Persons | ||
with Disabilities Act), and an additional $500,000 shall be | ||
reserved for investments made in qualified new business | ||
ventures with their principal place of business in counties | ||
with a population of not more than 250,000. The foregoing |
annual allowable amounts shall be allocated by the Department, | ||
on a per calendar quarter basis and prior to the commencement | ||
of each calendar year, in such proportion as determined by the | ||
Department, provided that: (i) the amount initially allocated | ||
by the Department for any one calendar quarter shall not exceed | ||
35% of the total allowable amount; and (ii) any portion of the | ||
allocated allowable amount remaining unused as of the end of | ||
any of the first 2 calendar quarters of a given calendar year | ||
shall be rolled into, and added to, the total allocated amount | ||
for the next available calendar quarter. | ||
(g) A claimant may not sell or otherwise transfer a credit | ||
awarded under this Section to another person. | ||
(h) On or before March 1 of each year, the Department shall | ||
report to the Governor and to the General Assembly on the tax | ||
credit certificates awarded under this Section for the prior | ||
calendar year. | ||
(1) This report must include, for each tax credit | ||
certificate awarded: | ||
(A) the name of the claimant and the amount of | ||
credit awarded or allocated to that claimant; | ||
(B) the name and address (including the county) of | ||
the qualified new business venture that received the | ||
investment giving rise to the credit, the North | ||
American Industry Classification System (NAICS) code | ||
applicable to that qualified new business venture, and | ||
the number of employees of the qualified new business |
venture; and | ||
(C) the date of approval by the Department of each | ||
claimant's tax credit certificate. | ||
(2) The report must also include: | ||
(A) the total number of applicants and the total | ||
number of claimants, including the amount of each tax | ||
credit certificate awarded to a claimant under this | ||
Section in the prior calendar year; | ||
(B) the total number of applications from | ||
businesses seeking registration under this Section, | ||
the total number of new qualified business ventures | ||
registered by the Department, and the aggregate amount | ||
of investment upon which tax credit certificates were | ||
issued in the prior calendar year; and | ||
(C) the total amount of tax credit certificates | ||
sought by applicants, the amount of each tax credit | ||
certificate issued to a claimant, the aggregate amount | ||
of all tax credit certificates issued in the prior | ||
calendar year and the aggregate amount of tax credit | ||
certificates issued as authorized under this Section | ||
for all calendar years.
| ||
(i) For each business seeking registration under this | ||
Section after December 31, 2016, the Department shall require | ||
the business to include in its application the North American | ||
Industry Classification System (NAICS) code applicable to the | ||
business and the number of employees of the business at the |
time of application. Each business registered by the Department | ||
as a qualified new business venture that receives an investment | ||
giving rise to the issuance of a tax credit certificate | ||
pursuant to this Section shall, for each of the 3 years | ||
following the issue date of the last tax credit certificate | ||
issued by the Department with respect to such business pursuant | ||
to this Section, report to the Department the following: | ||
(1) the number of employees and the location at which | ||
those employees are employed, both as of the end of each | ||
year; | ||
(2) the amount of additional new capital investment | ||
raised as of the end of each year, if any; and | ||
(3) the terms of any liquidity event occurring during | ||
such year; for the purposes of this Section, a "liquidity | ||
event" means any event that would be considered an exit for | ||
an illiquid investment, including any event that allows the | ||
equity holders of the business (or any material portion | ||
thereof) to cash out some or all of their respective equity | ||
interests. | ||
(Source: P.A. 100-328, eff. 1-1-18; revised 12-14-17.) | ||
(35 ILCS 5/704A) | ||
Sec. 704A. Employer's return and payment of tax withheld. | ||
(a) In general, every employer who deducts and withholds or | ||
is required to deduct and withhold tax under this Act on or | ||
after January 1, 2008 shall make those payments and returns as |
provided in this Section. | ||
(b) Returns. Every employer shall, in the form and manner | ||
required by the Department, make returns with respect to taxes | ||
withheld or required to be withheld under this Article 7 for | ||
each quarter beginning on or after January 1, 2008, on or | ||
before the last day of the first month following the close of | ||
that quarter. | ||
(c) Payments. With respect to amounts withheld or required | ||
to be withheld on or after January 1, 2008: | ||
(1) Semi-weekly payments. For each calendar year, each | ||
employer who withheld or was required to withhold more than | ||
$12,000 during the one-year period ending on June 30 of the | ||
immediately preceding calendar year, payment must be made: | ||
(A) on or before each Friday of the calendar year, | ||
for taxes withheld or required to be withheld on the | ||
immediately preceding Saturday, Sunday, Monday, or | ||
Tuesday; | ||
(B) on or before each Wednesday of the calendar | ||
year, for taxes withheld or required to be withheld on | ||
the immediately preceding Wednesday, Thursday, or | ||
Friday. | ||
Beginning with calendar year 2011, payments made under | ||
this paragraph (1) of subsection (c) must be made by | ||
electronic funds transfer. | ||
(2) Semi-weekly payments. Any employer who withholds | ||
or is required to withhold more than $12,000 in any quarter |
of a calendar year is required to make payments on the | ||
dates set forth under item (1) of this subsection (c) for | ||
each remaining quarter of that calendar year and for the | ||
subsequent calendar year.
| ||
(3) Monthly payments. Each employer, other than an | ||
employer described in items (1) or (2) of this subsection, | ||
shall pay to the Department, on or before the 15th day of | ||
each month the taxes withheld or required to be withheld | ||
during the immediately preceding month. | ||
(4) Payments with returns. Each employer shall pay to | ||
the Department, on or before the due date for each return | ||
required to be filed under this Section, any tax withheld | ||
or required to be withheld during the period for which the | ||
return is due and not previously paid to the Department. | ||
(d) Regulatory authority. The Department may, by rule: | ||
(1) Permit employers, in lieu of the requirements of | ||
subsections (b) and (c), to file annual returns due on or | ||
before January 31 of the year for taxes withheld or | ||
required to be withheld during the previous calendar year | ||
and, if the aggregate amounts required to be withheld by | ||
the employer under this Article 7 (other than amounts | ||
required to be withheld under Section 709.5) do not exceed | ||
$1,000 for the previous calendar year, to pay the taxes | ||
required to be shown on each such return no later than the | ||
due date for such return. | ||
(2) Provide that any payment required to be made under |
subsection (c)(1) or (c)(2) is deemed to be timely to the | ||
extent paid by electronic funds transfer on or before the | ||
due date for deposit of federal income taxes withheld from, | ||
or federal employment taxes due with respect to, the wages | ||
from which the Illinois taxes were withheld. | ||
(3) Designate one or more depositories to which payment | ||
of taxes required to be withheld under this Article 7 must | ||
be paid by some or all employers. | ||
(4) Increase the threshold dollar amounts at which | ||
employers are required to make semi-weekly payments under | ||
subsection (c)(1) or (c)(2). | ||
(e) Annual return and payment. Every employer who deducts | ||
and withholds or is required to deduct and withhold tax from a | ||
person engaged in domestic service employment, as that term is | ||
defined in Section 3510 of the Internal Revenue Code, may | ||
comply with the requirements of this Section with respect to | ||
such employees by filing an annual return and paying the taxes | ||
required to be deducted and withheld on or before the 15th day | ||
of the fourth month following the close of the employer's | ||
taxable year. The Department may allow the employer's return to | ||
be submitted with the employer's individual income tax return | ||
or to be submitted with a return due from the employer under | ||
Section 1400.2 of the Unemployment Insurance Act. | ||
(f) Magnetic media and electronic filing. With respect to | ||
taxes withheld in calendar years prior to 2017, any W-2 Form | ||
that, under the Internal Revenue Code and regulations |
promulgated thereunder, is required to be submitted to the | ||
Internal Revenue Service on magnetic media or electronically | ||
must also be submitted to the Department on magnetic media or | ||
electronically for Illinois purposes, if required by the | ||
Department. | ||
With respect to taxes withheld in 2017 and subsequent | ||
calendar years, the Department may, by rule, require that any | ||
return (including any amended return) under this Section and | ||
any W-2 Form that is required to be submitted to the Department | ||
must be submitted on magnetic media or electronically. | ||
The due date for submitting W-2 Forms shall be as | ||
prescribed by the Department by rule. | ||
(g) For amounts deducted or withheld after December 31, | ||
2009, a taxpayer who makes an election under subsection (f) of | ||
Section 5-15 of the Economic Development for a Growing Economy | ||
Tax Credit Act for a taxable year shall be allowed a credit | ||
against payments due under this Section for amounts withheld | ||
during the first calendar year beginning after the end of that | ||
taxable year equal to the amount of the credit for the | ||
incremental income tax attributable to full-time employees of | ||
the taxpayer awarded to the taxpayer by the Department of | ||
Commerce and Economic Opportunity under the Economic | ||
Development for a Growing Economy Tax Credit Act for the | ||
taxable year and credits not previously claimed and allowed to | ||
be carried forward under Section 211(4) of this Act as provided | ||
in subsection (f) of Section 5-15 of the Economic Development |
for a Growing Economy Tax Credit Act. The credit or credits may | ||
not reduce the taxpayer's obligation for any payment due under | ||
this Section to less than zero. If the amount of the credit or | ||
credits exceeds the total payments due under this Section with | ||
respect to amounts withheld during the calendar year, the | ||
excess may be carried forward and applied against the | ||
taxpayer's liability under this Section in the succeeding | ||
calendar years as allowed to be carried forward under paragraph | ||
(4) of Section 211 of this Act. The credit or credits shall be | ||
applied to the earliest year for which there is a tax | ||
liability. If there are credits from more than one taxable year | ||
that are available to offset a liability, the earlier credit | ||
shall be applied first. Each employer who deducts and withholds | ||
or is required to deduct and withhold tax under this Act and | ||
who retains income tax withholdings under subsection (f) of | ||
Section 5-15 of the Economic Development for a Growing Economy | ||
Tax Credit Act must make a return with respect to such taxes | ||
and retained amounts in the form and manner that the | ||
Department, by rule, requires and pay to the Department or to a | ||
depositary designated by the Department those withheld taxes | ||
not retained by the taxpayer. For purposes of this subsection | ||
(g), the term taxpayer shall include taxpayer and members of | ||
the taxpayer's unitary business group as defined under | ||
paragraph (27) of subsection (a) of Section 1501 of this Act. | ||
This Section is exempt from the provisions of Section 250 of | ||
this Act. No credit awarded under the Economic Development for |
a Growing Economy Tax Credit Act for agreements entered into on | ||
or after January 1, 2015 may be credited against payments due | ||
under this Section. | ||
(h) An employer may claim a credit against payments due | ||
under this Section for amounts withheld during the first | ||
calendar year ending after the date on which a tax credit | ||
certificate was issued under Section 35 of the Small Business | ||
Job Creation Tax Credit Act. The credit shall be equal to the | ||
amount shown on the certificate, but may not reduce the | ||
taxpayer's obligation for any payment due under this Section to | ||
less than zero. If the amount of the credit exceeds the total | ||
payments due under this Section with respect to amounts | ||
withheld during the calendar year, the excess may be carried | ||
forward and applied against the taxpayer's liability under this | ||
Section in the 5 succeeding calendar years. The credit shall be | ||
applied to the earliest year for which there is a tax | ||
liability. If there are credits from more than one calendar | ||
year that are available to offset a liability, the earlier | ||
credit shall be applied first. This Section is exempt from the | ||
provisions of Section 250 of this Act. | ||
(Source: P.A. 100-303, eff. 8-24-17; 100-511, eff. 9-18-17; | ||
revised 11-6-17.) | ||
(35 ILCS 5/901) (from Ch. 120, par. 9-901) | ||
Sec. 901. Collection authority. | ||
(a) In general. The Department shall collect the taxes |
imposed by this Act. The Department
shall collect certified | ||
past due child support amounts under Section 2505-650
of the | ||
Department of Revenue Law of the
Civil Administrative Code of | ||
Illinois . Except as
provided in subsections (b), (c), (e), (f), | ||
(g), and (h) of this Section, money collected
pursuant to | ||
subsections (a) and (b) of Section 201 of this Act shall be
| ||
paid into the General Revenue Fund in the State treasury; money
| ||
collected pursuant to subsections (c) and (d) of Section 201 of | ||
this Act
shall be paid into the Personal Property Tax | ||
Replacement Fund, a special
fund in the State Treasury; and | ||
money collected under Section 2505-650 of the
Department of | ||
Revenue Law of the
Civil Administrative Code of Illinois (20 | ||
ILCS 2505/2505-650) shall be paid
into the
Child Support | ||
Enforcement Trust Fund, a special fund outside the State
| ||
Treasury, or
to the State
Disbursement Unit established under | ||
Section 10-26 of the Illinois Public Aid
Code, as directed by | ||
the Department of Healthcare and Family Services. | ||
(b) Local Government Distributive Fund. Beginning August | ||
1, 1969, and continuing through June 30, 1994, the Treasurer
| ||
shall transfer each month from the General Revenue Fund to a | ||
special fund in
the State treasury, to be known as the "Local | ||
Government Distributive Fund", an
amount equal to 1/12 of the | ||
net revenue realized from the tax imposed by
subsections (a) | ||
and (b) of Section 201 of this Act during the preceding month.
| ||
Beginning July 1, 1994, and continuing through June 30, 1995, | ||
the Treasurer
shall transfer each month from the General |
Revenue Fund to the Local Government
Distributive Fund an | ||
amount equal to 1/11 of the net revenue realized from the
tax | ||
imposed by subsections (a) and (b) of Section 201 of this Act | ||
during the
preceding month. Beginning July 1, 1995 and | ||
continuing through January 31, 2011, the Treasurer shall | ||
transfer each
month from the General Revenue Fund to the Local | ||
Government Distributive Fund
an amount equal to the net of (i) | ||
1/10 of the net revenue realized from the
tax imposed by
| ||
subsections (a) and (b) of Section 201 of the Illinois Income | ||
Tax Act during
the preceding month
(ii) minus, beginning July | ||
1, 2003 and ending June 30, 2004, $6,666,666, and
beginning | ||
July 1,
2004,
zero. Beginning February 1, 2011, and continuing | ||
through January 31, 2015, the Treasurer shall transfer each | ||
month from the General Revenue Fund to the Local Government | ||
Distributive Fund an amount equal to the sum of (i) 6% (10% of | ||
the ratio of the 3% individual income tax rate prior to 2011 to | ||
the 5% individual income tax rate after 2010) of the net | ||
revenue realized from the tax imposed by subsections (a) and | ||
(b) of Section 201 of this Act upon individuals, trusts, and | ||
estates during the preceding month and (ii) 6.86% (10% of the | ||
ratio of the 4.8% corporate income tax rate prior to 2011 to | ||
the 7% corporate income tax rate after 2010) of the net revenue | ||
realized from the tax imposed by subsections (a) and (b) of | ||
Section 201 of this Act upon corporations during the preceding | ||
month. Beginning February 1, 2015 and continuing through July | ||
31, 2017, the Treasurer shall transfer each month from the |
General Revenue Fund to the Local Government Distributive Fund | ||
an amount equal to the sum of (i) 8% (10% of the ratio of the 3% | ||
individual income tax rate prior to 2011 to the 3.75% | ||
individual income tax rate after 2014) of the net revenue | ||
realized from the tax imposed by subsections (a) and (b) of | ||
Section 201 of this Act upon individuals, trusts, and estates | ||
during the preceding month and (ii) 9.14% (10% of the ratio of | ||
the 4.8% corporate income tax rate prior to 2011 to the 5.25% | ||
corporate income tax rate after 2014) of the net revenue | ||
realized from the tax imposed by subsections (a) and (b) of | ||
Section 201 of this Act upon corporations during the preceding | ||
month. Beginning August 1, 2017, the Treasurer shall transfer | ||
each month from the General Revenue Fund to the Local | ||
Government Distributive Fund an amount equal to the sum of (i) | ||
6.06% (10% of the ratio of the 3% individual income tax rate | ||
prior to 2011 to the 4.95% individual income tax rate after | ||
July 1, 2017) of the net revenue realized from the tax imposed | ||
by subsections (a) and (b) of Section 201 of this Act upon | ||
individuals, trusts, and estates during the preceding month and | ||
(ii) 6.85% (10% of the ratio of the 4.8% corporate income tax | ||
rate prior to 2011 to the 7% corporate income tax rate after | ||
July 1, 2017) of the net revenue realized from the tax imposed | ||
by subsections (a) and (b) of Section 201 of this Act upon | ||
corporations during the preceding month. Net revenue realized | ||
for a month shall be defined as the
revenue from the tax | ||
imposed by subsections (a) and (b) of Section 201 of this
Act |
which is deposited in the General Revenue Fund, the Education | ||
Assistance
Fund, the Income Tax Surcharge Local Government | ||
Distributive Fund, the Fund for the Advancement of Education, | ||
and the Commitment to Human Services Fund during the
month | ||
minus the amount paid out of the General Revenue Fund in State | ||
warrants
during that same month as refunds to taxpayers for | ||
overpayment of liability
under the tax imposed by subsections | ||
(a) and (b) of Section 201 of this Act. | ||
Notwithstanding any provision of law to the contrary, | ||
beginning on July 6, 2017 ( the effective date of Public Act | ||
100-23) this amendatory Act of the 100th General Assembly , | ||
those amounts required under this subsection (b) to be | ||
transferred by the Treasurer into the Local Government | ||
Distributive Fund from the General Revenue Fund shall be | ||
directly deposited into the Local Government Distributive Fund | ||
as the revenue is realized from the tax imposed by subsections | ||
(a) and (b) of Section 201 of this Act. | ||
For State fiscal year 2018 only, notwithstanding any | ||
provision of law to the contrary, the total amount of revenue | ||
and deposits under this Section attributable to revenues | ||
realized during State fiscal year 2018 shall be reduced by 10%. | ||
(c) Deposits Into Income Tax Refund Fund. | ||
(1) Beginning on January 1, 1989 and thereafter, the | ||
Department shall
deposit a percentage of the amounts | ||
collected pursuant to subsections (a)
and (b)(1), (2), and | ||
(3) , of Section 201 of this Act into a fund in the State
|
treasury known as the Income Tax Refund Fund. The | ||
Department shall deposit 6%
of such amounts during the | ||
period beginning January 1, 1989 and ending on June
30, | ||
1989. Beginning with State fiscal year 1990 and for each | ||
fiscal year
thereafter, the percentage deposited into the | ||
Income Tax Refund Fund during a
fiscal year shall be the | ||
Annual Percentage. For fiscal years 1999 through
2001, the | ||
Annual Percentage shall be 7.1%.
For fiscal year 2003, the | ||
Annual Percentage shall be 8%.
For fiscal year 2004, the | ||
Annual Percentage shall be 11.7%. Upon the effective date | ||
of Public Act 93-839 (July 30, 2004) this amendatory Act of | ||
the 93rd General Assembly , the Annual Percentage shall be | ||
10% for fiscal year 2005. For fiscal year 2006, the Annual | ||
Percentage shall be 9.75%. For fiscal
year 2007, the Annual | ||
Percentage shall be 9.75%. For fiscal year 2008, the Annual | ||
Percentage shall be 7.75%. For fiscal year 2009, the Annual | ||
Percentage shall be 9.75%. For fiscal year 2010, the Annual | ||
Percentage shall be 9.75%. For fiscal year 2011, the Annual | ||
Percentage shall be 8.75%. For fiscal year 2012, the Annual | ||
Percentage shall be 8.75%. For fiscal year 2013, the Annual | ||
Percentage shall be 9.75%. For fiscal year 2014, the Annual | ||
Percentage shall be 9.5%. For fiscal year 2015, the Annual | ||
Percentage shall be 10%. For fiscal year 2018, the Annual | ||
Percentage shall be 9.8%. For all other
fiscal years, the
| ||
Annual Percentage shall be calculated as a fraction, the | ||
numerator of which
shall be the amount of refunds approved |
for payment by the Department during
the preceding fiscal | ||
year as a result of overpayment of tax liability under
| ||
subsections (a) and (b)(1), (2), and (3) of Section 201 of | ||
this Act plus the
amount of such refunds remaining approved | ||
but unpaid at the end of the
preceding fiscal year, minus | ||
the amounts transferred into the Income Tax
Refund Fund | ||
from the Tobacco Settlement Recovery Fund, and
the | ||
denominator of which shall be the amounts which will be | ||
collected pursuant
to subsections (a) and (b)(1), (2), and | ||
(3) of Section 201 of this Act during
the preceding fiscal | ||
year; except that in State fiscal year 2002, the Annual
| ||
Percentage shall in no event exceed 7.6%. The Director of | ||
Revenue shall
certify the Annual Percentage to the | ||
Comptroller on the last business day of
the fiscal year | ||
immediately preceding the fiscal year for which it is to be
| ||
effective. | ||
(2) Beginning on January 1, 1989 and thereafter, the | ||
Department shall
deposit a percentage of the amounts | ||
collected pursuant to subsections (a)
and (b)(6), (7), and | ||
(8), (c) and (d) of Section 201
of this Act into a fund in | ||
the State treasury known as the Income Tax
Refund Fund. The | ||
Department shall deposit 18% of such amounts during the
| ||
period beginning January 1, 1989 and ending on June 30, | ||
1989. Beginning
with State fiscal year 1990 and for each | ||
fiscal year thereafter, the
percentage deposited into the | ||
Income Tax Refund Fund during a fiscal year
shall be the |
Annual Percentage. For fiscal years 1999, 2000, and 2001, | ||
the
Annual Percentage shall be 19%.
For fiscal year 2003, | ||
the Annual Percentage shall be 27%. For fiscal year
2004, | ||
the Annual Percentage shall be 32%.
Upon the effective date | ||
of Public Act 93-839 (July 30, 2004) this amendatory Act of | ||
the 93rd General Assembly , the Annual Percentage shall be | ||
24% for fiscal year 2005.
For fiscal year 2006, the Annual | ||
Percentage shall be 20%. For fiscal
year 2007, the Annual | ||
Percentage shall be 17.5%. For fiscal year 2008, the Annual | ||
Percentage shall be 15.5%. For fiscal year 2009, the Annual | ||
Percentage shall be 17.5%. For fiscal year 2010, the Annual | ||
Percentage shall be 17.5%. For fiscal year 2011, the Annual | ||
Percentage shall be 17.5%. For fiscal year 2012, the Annual | ||
Percentage shall be 17.5%. For fiscal year 2013, the Annual | ||
Percentage shall be 14%. For fiscal year 2014, the Annual | ||
Percentage shall be 13.4%. For fiscal year 2015, the Annual | ||
Percentage shall be 14%. For fiscal year 2018, the Annual | ||
Percentage shall be 17.5%. For all other fiscal years, the | ||
Annual
Percentage shall be calculated
as a fraction, the | ||
numerator of which shall be the amount of refunds
approved | ||
for payment by the Department during the preceding fiscal | ||
year as
a result of overpayment of tax liability under | ||
subsections (a) and (b)(6),
(7), and (8), (c) and (d) of | ||
Section 201 of this Act plus the
amount of such refunds | ||
remaining approved but unpaid at the end of the
preceding | ||
fiscal year, and the denominator of
which shall be the |
amounts which will be collected pursuant to subsections (a)
| ||
and (b)(6), (7), and (8), (c) and (d) of Section 201 of | ||
this Act during the
preceding fiscal year; except that in | ||
State fiscal year 2002, the Annual
Percentage shall in no | ||
event exceed 23%. The Director of Revenue shall
certify the | ||
Annual Percentage to the Comptroller on the last business | ||
day of
the fiscal year immediately preceding the fiscal | ||
year for which it is to be
effective. | ||
(3) The Comptroller shall order transferred and the | ||
Treasurer shall
transfer from the Tobacco Settlement | ||
Recovery Fund to the Income Tax Refund
Fund (i) $35,000,000 | ||
in January, 2001, (ii) $35,000,000 in January, 2002, and
| ||
(iii) $35,000,000 in January, 2003. | ||
(d) Expenditures from Income Tax Refund Fund. | ||
(1) Beginning January 1, 1989, money in the Income Tax | ||
Refund Fund
shall be expended exclusively for the purpose | ||
of paying refunds resulting
from overpayment of tax | ||
liability under Section 201 of this Act, for paying
rebates | ||
under Section 208.1 in the event that the amounts in the | ||
Homeowners'
Tax Relief Fund are insufficient for that | ||
purpose,
and for
making transfers pursuant to this | ||
subsection (d). | ||
(2) The Director shall order payment of refunds | ||
resulting from
overpayment of tax liability under Section | ||
201 of this Act from the
Income Tax Refund Fund only to the | ||
extent that amounts collected pursuant
to Section 201 of |
this Act and transfers pursuant to this subsection (d)
and | ||
item (3) of subsection (c) have been deposited and retained | ||
in the
Fund. | ||
(3) As soon as possible after the end of each fiscal | ||
year, the Director
shall
order transferred and the State | ||
Treasurer and State Comptroller shall
transfer from the | ||
Income Tax Refund Fund to the Personal Property Tax
| ||
Replacement Fund an amount, certified by the Director to | ||
the Comptroller,
equal to the excess of the amount | ||
collected pursuant to subsections (c) and
(d) of Section | ||
201 of this Act deposited into the Income Tax Refund Fund
| ||
during the fiscal year over the amount of refunds resulting | ||
from
overpayment of tax liability under subsections (c) and | ||
(d) of Section 201
of this Act paid from the Income Tax | ||
Refund Fund during the fiscal year. | ||
(4) As soon as possible after the end of each fiscal | ||
year, the Director shall
order transferred and the State | ||
Treasurer and State Comptroller shall
transfer from the | ||
Personal Property Tax Replacement Fund to the Income Tax
| ||
Refund Fund an amount, certified by the Director to the | ||
Comptroller, equal
to the excess of the amount of refunds | ||
resulting from overpayment of tax
liability under | ||
subsections (c) and (d) of Section 201 of this Act paid
| ||
from the Income Tax Refund Fund during the fiscal year over | ||
the amount
collected pursuant to subsections (c) and (d) of | ||
Section 201 of this Act
deposited into the Income Tax |
Refund Fund during the fiscal year. | ||
(4.5) As soon as possible after the end of fiscal year | ||
1999 and of each
fiscal year
thereafter, the Director shall | ||
order transferred and the State Treasurer and
State | ||
Comptroller shall transfer from the Income Tax Refund Fund | ||
to the General
Revenue Fund any surplus remaining in the | ||
Income Tax Refund Fund as of the end
of such fiscal year; | ||
excluding for fiscal years 2000, 2001, and 2002
amounts | ||
attributable to transfers under item (3) of subsection (c) | ||
less refunds
resulting from the earned income tax credit. | ||
(5) This Act shall constitute an irrevocable and | ||
continuing
appropriation from the Income Tax Refund Fund | ||
for the purpose of paying
refunds upon the order of the | ||
Director in accordance with the provisions of
this Section. | ||
(e) Deposits into the Education Assistance Fund and the | ||
Income Tax
Surcharge Local Government Distributive Fund. On | ||
July 1, 1991, and thereafter, of the amounts collected pursuant | ||
to
subsections (a) and (b) of Section 201 of this Act, minus | ||
deposits into the
Income Tax Refund Fund, the Department shall | ||
deposit 7.3% into the
Education Assistance Fund in the State | ||
Treasury. Beginning July 1, 1991,
and continuing through | ||
January 31, 1993, of the amounts collected pursuant to
| ||
subsections (a) and (b) of Section 201 of the Illinois Income | ||
Tax Act, minus
deposits into the Income Tax Refund Fund, the | ||
Department shall deposit 3.0%
into the Income Tax Surcharge | ||
Local Government Distributive Fund in the State
Treasury. |
Beginning February 1, 1993 and continuing through June 30, | ||
1993, of
the amounts collected pursuant to subsections (a) and | ||
(b) of Section 201 of the
Illinois Income Tax Act, minus | ||
deposits into the Income Tax Refund Fund, the
Department shall | ||
deposit 4.4% into the Income Tax Surcharge Local Government
| ||
Distributive Fund in the State Treasury. Beginning July 1, | ||
1993, and
continuing through June 30, 1994, of the amounts | ||
collected under subsections
(a) and (b) of Section 201 of this | ||
Act, minus deposits into the Income Tax
Refund Fund, the | ||
Department shall deposit 1.475% into the Income Tax Surcharge
| ||
Local Government Distributive Fund in the State Treasury. | ||
(f) Deposits into the Fund for the Advancement of | ||
Education. Beginning February 1, 2015, the Department shall | ||
deposit the following portions of the revenue realized from the | ||
tax imposed upon individuals, trusts, and estates by | ||
subsections (a) and (b) of Section 201 of this Act during the | ||
preceding month, minus deposits into the Income Tax Refund | ||
Fund, into the Fund for the Advancement of Education: | ||
(1) beginning February 1, 2015, and prior to February | ||
1, 2025, 1/30; and | ||
(2) beginning February 1, 2025, 1/26. | ||
If the rate of tax imposed by subsection (a) and (b) of | ||
Section 201 is reduced pursuant to Section 201.5 of this Act, | ||
the Department shall not make the deposits required by this | ||
subsection (f) on or after the effective date of the reduction. | ||
(g) Deposits into the Commitment to Human Services Fund. |
Beginning February 1, 2015, the Department shall deposit the | ||
following portions of the revenue realized from the tax imposed | ||
upon individuals, trusts, and estates by subsections (a) and | ||
(b) of Section 201 of this Act during the preceding month, | ||
minus deposits into the Income Tax Refund Fund, into the | ||
Commitment to Human Services Fund: | ||
(1) beginning February 1, 2015, and prior to February | ||
1, 2025, 1/30; and | ||
(2) beginning February 1, 2025, 1/26. | ||
If the rate of tax imposed by subsection (a) and (b) of | ||
Section 201 is reduced pursuant to Section 201.5 of this Act, | ||
the Department shall not make the deposits required by this | ||
subsection (g) on or after the effective date of the reduction. | ||
(h) Deposits into the Tax Compliance and Administration | ||
Fund. Beginning on the first day of the first calendar month to | ||
occur on or after August 26, 2014 (the effective date of Public | ||
Act 98-1098), each month the Department shall pay into the Tax | ||
Compliance and Administration Fund, to be used, subject to | ||
appropriation, to fund additional auditors and compliance | ||
personnel at the Department, an amount equal to 1/12 of 5% of | ||
the cash receipts collected during the preceding fiscal year by | ||
the Audit Bureau of the Department from the tax imposed by | ||
subsections (a), (b), (c), and (d) of Section 201 of this Act, | ||
net of deposits into the Income Tax Refund Fund made from those | ||
cash receipts. | ||
(Source: P.A. 99-78, eff. 7-20-15; 100-22, eff. 7-6-17; 100-23, |
eff. 7-6-17; revised 8-3-17.)
| ||
(35 ILCS 5/917) (from Ch. 120, par. 9-917)
| ||
Sec. 917. Confidentiality and information sharing.
| ||
(a) Confidentiality.
Except as provided in this Section, | ||
all information received by the Department
from returns filed | ||
under this Act, or from any investigation conducted under
the | ||
provisions of this Act, shall be confidential, except for | ||
official purposes
within the Department or pursuant to official | ||
procedures for collection
of any State tax or pursuant to an | ||
investigation or audit by the Illinois
State Scholarship | ||
Commission of a delinquent student loan or monetary award
or | ||
enforcement of any civil or criminal penalty or sanction
| ||
imposed by this Act or by another statute imposing a State tax, | ||
and any
person who divulges any such information in any manner, | ||
except for such
purposes and pursuant to order of the Director | ||
or in accordance with a proper
judicial order, shall be guilty | ||
of a Class A misdemeanor. However, the
provisions of this | ||
paragraph are not applicable to information furnished
to (i) | ||
the Department of Healthcare and Family Services (formerly
| ||
Department of Public Aid), State's Attorneys, and the Attorney | ||
General for child support enforcement purposes and (ii) a | ||
licensed attorney representing the taxpayer where an appeal or | ||
a protest
has been filed on behalf of the taxpayer. If it is | ||
necessary to file information obtained pursuant to this Act in | ||
a child support enforcement proceeding, the information shall |
be filed under seal.
| ||
(b) Public information. Nothing contained in this Act shall | ||
prevent
the Director from publishing or making available to the | ||
public the names
and addresses of persons filing returns under | ||
this Act, or from publishing
or making available reasonable | ||
statistics concerning the operation of the
tax wherein the | ||
contents of returns are grouped into aggregates in such a
way | ||
that the information contained in any individual return shall | ||
not be
disclosed.
| ||
(c) Governmental agencies. The Director may make available | ||
to the
Secretary of the Treasury of the United States or his | ||
delegate, or the
proper officer or his delegate of any other | ||
state imposing a tax upon or
measured by income, for | ||
exclusively official purposes, information received
by the | ||
Department in the administration of this Act, but such | ||
permission
shall be granted only if the United States or such | ||
other state, as the case
may be, grants the Department | ||
substantially similar privileges. The Director
may exchange | ||
information with the Department of Healthcare and Family | ||
Services and the
Department of Human Services (acting as | ||
successor to the Department of Public
Aid under the Department | ||
of Human Services Act) for
the purpose of verifying sources and | ||
amounts of income and for other purposes
directly connected | ||
with the administration of this Act, the Illinois Public Aid | ||
Code, and any other health benefit program administered by the | ||
State. The Director may exchange information with the Director |
of
the Department of Employment Security for the purpose of | ||
verifying sources
and amounts of income and for other purposes | ||
directly connected with the
administration of this Act and Acts | ||
administered by the Department of
Employment
Security.
The | ||
Director may make available to the Illinois Workers' | ||
Compensation Commission
information regarding employers for | ||
the purpose of verifying the insurance
coverage required under | ||
the Workers' Compensation Act and Workers'
Occupational | ||
Diseases Act. The Director may exchange information with the | ||
Illinois Department on Aging for the purpose of verifying | ||
sources and amounts of income for purposes directly related to | ||
confirming eligibility for participation in the programs of | ||
benefits authorized by the Senior Citizens and Persons with | ||
Disabilities Property Tax Relief and Pharmaceutical Assistance | ||
Act. The Director may exchange information with the State | ||
Treasurer's Office and the Department of Employment Security | ||
for the purpose of implementing, administering, and enforcing | ||
the Illinois Secure Choice Savings Program Act. The Director | ||
may exchange information with the State Treasurer's Office for | ||
the purpose of administering the Revised Uniform Disposition of | ||
Unclaimed Property Act or successor Acts.
| ||
The Director may make available to any State agency, | ||
including the
Illinois Supreme Court, which licenses persons to | ||
engage in any occupation,
information that a person licensed by | ||
such agency has failed to file
returns under this Act or pay | ||
the tax, penalty and interest shown therein,
or has failed to |
pay any final assessment of tax, penalty or interest due
under | ||
this Act.
The Director may make available to any State agency, | ||
including the Illinois
Supreme
Court, information regarding | ||
whether a bidder, contractor, or an affiliate of a
bidder or
| ||
contractor has failed to file returns under this Act or pay the | ||
tax, penalty,
and interest
shown therein, or has failed to pay | ||
any final assessment of tax, penalty, or
interest due
under | ||
this Act, for the limited purpose of enforcing bidder and | ||
contractor
certifications.
For purposes of this Section, the | ||
term "affiliate" means any entity that (1)
directly,
| ||
indirectly, or constructively controls another entity, (2) is | ||
directly,
indirectly, or
constructively controlled by another | ||
entity, or (3) is subject to the control
of
a common
entity. | ||
For purposes of this subsection (a), an entity controls another | ||
entity
if
it owns,
directly or individually, more than 10% of | ||
the voting securities of that
entity.
As used in
this | ||
subsection (a), the term "voting security" means a security | ||
that (1)
confers upon the
holder the right to vote for the | ||
election of members of the board of directors
or similar
| ||
governing body of the business or (2) is convertible into, or | ||
entitles the
holder to receive
upon its exercise, a security | ||
that confers such a right to vote. A general
partnership
| ||
interest is a voting security.
| ||
The Director may make available to any State agency, | ||
including the
Illinois
Supreme Court, units of local | ||
government, and school districts, information
regarding
|
whether a bidder or contractor is an affiliate of a person who | ||
is not
collecting
and
remitting Illinois Use taxes, for the | ||
limited purpose of enforcing bidder and
contractor
| ||
certifications.
| ||
The Director may also make available to the Secretary of | ||
State
information that a corporation which has been issued a | ||
certificate of
incorporation by the Secretary of State has | ||
failed to file returns under
this Act or pay the tax, penalty | ||
and interest shown therein, or has failed
to pay any final | ||
assessment of tax, penalty or interest due under this Act.
An | ||
assessment is final when all proceedings in court for
review of | ||
such assessment have terminated or the time for the taking
| ||
thereof has expired without such proceedings being instituted. | ||
For
taxable years ending on or after December 31, 1987, the | ||
Director may make
available to the Director or principal | ||
officer of any Department of the
State of Illinois, information | ||
that a person employed by such Department
has failed to file | ||
returns under this Act or pay the tax, penalty and
interest | ||
shown therein. For purposes of this paragraph, the word
| ||
"Department" shall have the same meaning as provided in Section | ||
3 of the
State Employees Group Insurance Act of 1971.
| ||
(d) The Director shall make available for public
inspection | ||
in the Department's principal office and for publication, at | ||
cost,
administrative decisions issued on or after January
1, | ||
1995. These decisions are to be made available in a manner so | ||
that the
following
taxpayer information is not disclosed:
|
(1) The names, addresses, and identification numbers | ||
of the taxpayer,
related entities, and employees.
| ||
(2) At the sole discretion of the Director, trade | ||
secrets
or other confidential information identified as | ||
such by the taxpayer, no later
than 30 days after receipt | ||
of an administrative decision, by such means as the
| ||
Department shall provide by rule.
| ||
The Director shall determine the
appropriate extent of the
| ||
deletions allowed in paragraph (2). In the event the taxpayer | ||
does not submit
deletions,
the Director shall make only the | ||
deletions specified in paragraph (1).
| ||
The Director shall make available for public inspection and | ||
publication an
administrative decision within 180 days after | ||
the issuance of the
administrative
decision. The term | ||
"administrative decision" has the same meaning as defined in
| ||
Section 3-101 of Article III of the Code of Civil Procedure. | ||
Costs collected
under this Section shall be paid into the Tax | ||
Compliance and Administration
Fund.
| ||
(e) Nothing contained in this Act shall prevent the | ||
Director from
divulging
information to any person pursuant to a | ||
request or authorization made by the
taxpayer, by an authorized | ||
representative of the taxpayer, or, in the case of
information | ||
related to a joint return, by the spouse filing the joint | ||
return
with the taxpayer.
| ||
(Source: P.A. 99-143, eff. 7-27-15; 99-571, eff. 7-15-16; | ||
100-47, eff. 8-11-17; revised 10-2-17.)
|
Section 195. The Small Business Job Creation Tax Credit Act | ||
is amended by changing Section 10 as follows: | ||
(35 ILCS 25/10)
| ||
Sec. 10. Definitions. In this Act: | ||
"Applicant" means a person that is operating a business | ||
located within the State of Illinois that is engaged in | ||
interstate or intrastate commerce and either: | ||
(1) has no more than 50 full-time employees, without | ||
regard to the location of employment of such employees at | ||
the beginning of the incentive period; or | ||
(2) hired within the incentive period an employee who | ||
had participated as worker-trainee in the Put Illinois to | ||
Work Program during 2010. | ||
In the case of any person that is a member of a unitary | ||
business group within the meaning of subdivision (a)(27) of | ||
Section 1501 of the Illinois Income Tax Act, "applicant" refers | ||
to the unitary business group. | ||
"Certificate" means the tax credit certificate issued by | ||
the Department under Section 35 of this Act. | ||
"Certificate of eligibility" means the certificate issued | ||
by the Department under Section 20 of this Act. | ||
"Credit" means the amount awarded by the Department to an | ||
applicant by issuance of a certificate under Section 35 of this | ||
Act for each new full-time equivalent employee hired or job |
created. | ||
"Department" means the Department of Commerce and Economic | ||
Opportunity. | ||
"Director" means the Director of the Department. | ||
"Full-time employee" means an individual who is employed | ||
for a basic wage for at least 35 hours each week or who renders | ||
any other standard of service generally accepted by industry | ||
custom or practice as full-time employment. An individual for | ||
whom a W-2 is issued by a Professional Employer Organization is | ||
a full-time employee if he or she is employed in the service of | ||
the applicant for a basic wage for at least 35 hours each week | ||
or renders any other standard of service generally accepted by | ||
industry custom or practice as full-time employment. For the | ||
purposes of this Act, such an individual shall be considered a | ||
full-time employee of the applicant. | ||
"Professional Employer Organization" (PEO) shall have the | ||
same meaning as defined in Section 5-5 of the Economic | ||
Development for a Growing Economy Tax Credit Act. As used in | ||
this Section, "Professional Employer Organization" does not | ||
include a day and temporary labor service agency regulated | ||
under the Day and Temporary Labor Services Act. | ||
"Incentive period" means the period beginning on July 1 and | ||
ending on June 30 of the following year. The first incentive | ||
period shall begin on July 1, 2010 and the last incentive | ||
period shall end on June 30, 2016. | ||
"Basic wage" means compensation for employment that is no |
less than $10 per hour or the equivalent salary for a new | ||
employee. | ||
"New employee" means a full-time employee: | ||
(1) who first became employed by an applicant with less | ||
than 50 full-time employees within the incentive period | ||
whose hire results in a net increase in the applicant's | ||
full-time Illinois employees and who is receiving a basic | ||
wage as compensation; or | ||
(2) who participated as a worker-trainee in the Put | ||
Illinois to Work Program during 2010 and who is | ||
subsequently hired during the incentive period by an | ||
applicant and who is receiving a basic wage as | ||
compensation. | ||
The term "new employee" does not include: | ||
(1) a person who was previously employed in Illinois by | ||
the applicant or a related member prior to the onset of the | ||
incentive period; or | ||
(2) any individual who has a direct or indirect | ||
ownership interest of at least 5% in the profits, capital, | ||
or value of the applicant or a related member. | ||
"Noncompliance date" means, in the case of an applicant | ||
that is not complying with the requirements of the provisions | ||
of this Act, the day following the last date upon which the | ||
taxpayer was in compliance with the requirements of the | ||
provisions of this Act, as determined by the Director, pursuant | ||
to Section 45 of this Act. |
"Put Illinois to Work Program" means a worker training and | ||
employment program that was established by the State of | ||
Illinois with funding from the United States Department of | ||
Health and Human Services of Emergency Temporary Assistance for | ||
to Needy Families funds authorized by the American Recovery and | ||
Reinvestment Act of 2009 (ARRA TANF Funds). These ARRA TANF | ||
funds were in turn used by the State of Illinois to fund the | ||
Put Illinois to Work Program. | ||
"Related member" means a person that, with respect to the | ||
applicant during any portion of the incentive period, is any | ||
one of the following, | ||
(1) An individual, if the individual and the members of | ||
the individual's family (as defined in Section 318 of the | ||
Internal Revenue Code) own directly, indirectly, | ||
beneficially, or constructively, in the aggregate, at | ||
least 50% of the value of the outstanding profits, capital, | ||
stock, or other ownership interest in the applicant. | ||
(2) A partnership, estate, or trust and any partner or | ||
beneficiary, if the partnership, estate, or trust and its | ||
partners or beneficiaries own directly, indirectly, | ||
beneficially, or constructively, in the aggregate, at | ||
least 50% of the profits, capital, stock, or other | ||
ownership interest in the applicant. | ||
(3) A corporation, and any party related to the | ||
corporation in a manner that would require an attribution | ||
of stock from the corporation under the attribution rules |
of Section 318 of the Internal Revenue Code, if the | ||
applicant and any other related member own, in the | ||
aggregate, directly, indirectly, beneficially, or | ||
constructively, at least 50% of the value of the | ||
corporation's outstanding stock. | ||
(4) A corporation and any party related to that | ||
corporation in a manner that would require an attribution | ||
of stock from the corporation to the party or from the | ||
party to the corporation under the attribution rules of | ||
Section 318 of the Internal Revenue Code, if the | ||
corporation and all such related parties own, in the | ||
aggregate, at least 50% of the profits, capital, stock, or | ||
other ownership interest in the applicant. | ||
(5) A person to or from whom there is attribution of | ||
stock ownership in accordance with Section 1563(e) of the | ||
Internal Revenue Code, except that for purposes of | ||
determining whether a person is a related member under this | ||
paragraph, "20%" shall be substituted for "5%" whenever | ||
"5%" appears in Section 1563(e) of the Internal Revenue | ||
Code.
| ||
(Source: P.A. 96-888, eff. 4-13-10; 96-1498, eff. 1-18-11; | ||
97-636, eff. 6-1-12; 97-1052, eff. 8-23-12; revised 9-26-17.) | ||
Section 200. The Use Tax Act is amended by changing | ||
Sections 3-5 and 9 as follows:
|
(35 ILCS 105/3-5)
| ||
Sec. 3-5. Exemptions. Use of the following tangible | ||
personal property is exempt from the tax imposed by this Act:
| ||
(1) Personal property purchased from a corporation, | ||
society, association,
foundation, institution, or | ||
organization, other than a limited liability
company, that is | ||
organized and operated as a not-for-profit service enterprise
| ||
for the benefit of persons 65 years of age or older if the | ||
personal property was not purchased by the enterprise for the | ||
purpose of resale by the
enterprise.
| ||
(2) Personal property purchased by a not-for-profit | ||
Illinois county
fair association for use in conducting, | ||
operating, or promoting the
county fair.
| ||
(3) Personal property purchased by a not-for-profit
arts or | ||
cultural organization that establishes, by proof required by | ||
the
Department by
rule, that it has received an exemption under | ||
Section 501(c)(3) of the Internal
Revenue Code and that is | ||
organized and operated primarily for the
presentation
or | ||
support of arts or cultural programming, activities, or | ||
services. These
organizations include, but are not limited to, | ||
music and dramatic arts
organizations such as symphony | ||
orchestras and theatrical groups, arts and
cultural service | ||
organizations, local arts councils, visual arts organizations,
| ||
and media arts organizations.
On and after July 1, 2001 ( the | ||
effective date of Public Act 92-35) this amendatory Act of the | ||
92nd General
Assembly , however, an entity otherwise eligible |
for this exemption shall not
make tax-free purchases unless it | ||
has an active identification number issued by
the Department.
| ||
(4) Personal property purchased by a governmental body, by | ||
a
corporation, society, association, foundation, or | ||
institution organized and
operated exclusively for charitable, | ||
religious, or educational purposes, or
by a not-for-profit | ||
corporation, society, association, foundation,
institution, or | ||
organization that has no compensated officers or employees
and | ||
that is organized and operated primarily for the recreation of | ||
persons
55 years of age or older. A limited liability company | ||
may qualify for the
exemption under this paragraph only if the | ||
limited liability company is
organized and operated | ||
exclusively for educational purposes. On and after July
1, | ||
1987, however, no entity otherwise eligible for this exemption | ||
shall make
tax-free purchases unless it has an active exemption | ||
identification number
issued by the Department.
| ||
(5) Until July 1, 2003, a passenger car that is a | ||
replacement vehicle to
the extent that the
purchase price of | ||
the car is subject to the Replacement Vehicle Tax.
| ||
(6) Until July 1, 2003 and beginning again on September 1, | ||
2004 through August 30, 2014, graphic arts machinery and | ||
equipment, including
repair and replacement
parts, both new and | ||
used, and including that manufactured on special order,
| ||
certified by the purchaser to be used primarily for graphic | ||
arts production,
and including machinery and equipment | ||
purchased for lease.
Equipment includes chemicals or chemicals |
acting as catalysts but only if
the
chemicals or chemicals | ||
acting as catalysts effect a direct and immediate change
upon a | ||
graphic arts product. Beginning on July 1, 2017, graphic arts | ||
machinery and equipment is included in the manufacturing and | ||
assembling machinery and equipment exemption under paragraph | ||
(18).
| ||
(7) Farm chemicals.
| ||
(8) Legal tender, currency, medallions, or gold or silver | ||
coinage issued by
the State of Illinois, the government of the | ||
United States of America, or the
government of any foreign | ||
country, and bullion.
| ||
(9) Personal property purchased from a teacher-sponsored | ||
student
organization affiliated with an elementary or | ||
secondary school located in
Illinois.
| ||
(10) A motor vehicle that is used for automobile renting, | ||
as defined in the
Automobile Renting Occupation and Use Tax | ||
Act.
| ||
(11) Farm machinery and equipment, both new and used,
| ||
including that manufactured on special order, certified by the | ||
purchaser
to be used primarily for production agriculture or | ||
State or federal
agricultural programs, including individual | ||
replacement parts for
the machinery and equipment, including | ||
machinery and equipment
purchased
for lease,
and including | ||
implements of husbandry defined in Section 1-130 of
the | ||
Illinois Vehicle Code, farm machinery and agricultural | ||
chemical and
fertilizer spreaders, and nurse wagons required to |
be registered
under Section 3-809 of the Illinois Vehicle Code,
| ||
but excluding other motor
vehicles required to be
registered | ||
under the Illinois Vehicle Code.
Horticultural polyhouses or | ||
hoop houses used for propagating, growing, or
overwintering | ||
plants shall be considered farm machinery and equipment under
| ||
this item (11).
Agricultural chemical tender tanks and dry | ||
boxes shall include units sold
separately from a motor vehicle | ||
required to be licensed and units sold mounted
on a motor | ||
vehicle required to be licensed if the selling price of the | ||
tender
is separately stated.
| ||
Farm machinery and equipment shall include precision | ||
farming equipment
that is
installed or purchased to be | ||
installed on farm machinery and equipment
including, but not | ||
limited to, tractors, harvesters, sprayers, planters,
seeders, | ||
or spreaders.
Precision farming equipment includes, but is not | ||
limited to, soil testing
sensors, computers, monitors, | ||
software, global positioning
and mapping systems, and other | ||
such equipment.
| ||
Farm machinery and equipment also includes computers, | ||
sensors, software, and
related equipment used primarily in the
| ||
computer-assisted operation of production agriculture | ||
facilities, equipment,
and
activities such as, but not limited | ||
to,
the collection, monitoring, and correlation of
animal and | ||
crop data for the purpose of
formulating animal diets and | ||
agricultural chemicals. This item (11) is exempt
from the | ||
provisions of
Section 3-90.
|
(12) Until June 30, 2013, fuel and petroleum products sold | ||
to or used by an air common
carrier, certified by the carrier | ||
to be used for consumption, shipment, or
storage in the conduct | ||
of its business as an air common carrier, for a
flight destined | ||
for or returning from a location or locations
outside the | ||
United States without regard to previous or subsequent domestic
| ||
stopovers.
| ||
Beginning July 1, 2013, fuel and petroleum products sold to | ||
or used by an air carrier, certified by the carrier to be used | ||
for consumption, shipment, or storage in the conduct of its | ||
business as an air common carrier, for a flight that (i) is | ||
engaged in foreign trade or is engaged in trade between the | ||
United States and any of its possessions and (ii) transports at | ||
least one individual or package for hire from the city of | ||
origination to the city of final destination on the same | ||
aircraft, without regard to a change in the flight number of | ||
that aircraft. | ||
(13) Proceeds of mandatory service charges separately
| ||
stated on customers' bills for the purchase and consumption of | ||
food and
beverages purchased at retail from a retailer, to the | ||
extent that the proceeds
of the service charge are in fact | ||
turned over as tips or as a substitute
for tips to the | ||
employees who participate directly in preparing, serving,
| ||
hosting or cleaning up the food or beverage function with | ||
respect to which
the service charge is imposed.
| ||
(14) Until July 1, 2003, oil field exploration, drilling, |
and production
equipment,
including (i) rigs and parts of rigs, | ||
rotary
rigs, cable tool rigs, and workover rigs, (ii) pipe and | ||
tubular goods,
including casing and drill strings, (iii) pumps | ||
and pump-jack units, (iv)
storage tanks and flow lines, (v) any | ||
individual replacement part for oil
field exploration, | ||
drilling, and production equipment, and (vi) machinery and
| ||
equipment purchased
for lease; but excluding motor vehicles | ||
required to be registered under the
Illinois Vehicle Code.
| ||
(15) Photoprocessing machinery and equipment, including | ||
repair and
replacement parts, both new and used, including that
| ||
manufactured on special order, certified by the purchaser to be | ||
used
primarily for photoprocessing, and including
| ||
photoprocessing machinery and equipment purchased for lease.
| ||
(16) Coal and aggregate exploration, mining, off-highway | ||
hauling,
processing, maintenance, and reclamation equipment,
| ||
including replacement parts and equipment, and
including | ||
equipment purchased for lease, but excluding motor
vehicles | ||
required to be registered under the Illinois Vehicle Code. The | ||
changes made to this Section by Public Act 97-767 apply on and | ||
after July 1, 2003, but no claim for credit or refund is | ||
allowed on or after August 16, 2013 (the effective date of | ||
Public Act 98-456)
for such taxes paid during the period | ||
beginning July 1, 2003 and ending on August 16, 2013 (the | ||
effective date of Public Act 98-456).
| ||
(17) Until July 1, 2003, distillation machinery and | ||
equipment, sold as a
unit or kit,
assembled or installed by the |
retailer, certified by the user to be used
only for the | ||
production of ethyl alcohol that will be used for consumption
| ||
as motor fuel or as a component of motor fuel for the personal | ||
use of the
user, and not subject to sale or resale.
| ||
(18) Manufacturing and assembling machinery and equipment | ||
used
primarily in the process of manufacturing or assembling | ||
tangible
personal property for wholesale or retail sale or | ||
lease, whether that sale
or lease is made directly by the | ||
manufacturer or by some other person,
whether the materials | ||
used in the process are
owned by the manufacturer or some other | ||
person, or whether that sale or
lease is made apart from or as | ||
an incident to the seller's engaging in
the service occupation | ||
of producing machines, tools, dies, jigs,
patterns, gauges, or | ||
other similar items of no commercial value on
special order for | ||
a particular purchaser. The exemption provided by this | ||
paragraph (18) does not include machinery and equipment used in | ||
(i) the generation of electricity for wholesale or retail sale; | ||
(ii) the generation or treatment of natural or artificial gas | ||
for wholesale or retail sale that is delivered to customers | ||
through pipes, pipelines, or mains; or (iii) the treatment of | ||
water for wholesale or retail sale that is delivered to | ||
customers through pipes, pipelines, or mains. The provisions of | ||
Public Act 98-583 are declaratory of existing law as to the | ||
meaning and scope of this exemption. Beginning on July 1, 2017, | ||
the exemption provided by this paragraph (18) includes, but is | ||
not limited to, graphic arts machinery and equipment, as |
defined in paragraph (6) of this Section.
| ||
(19) Personal property delivered to a purchaser or | ||
purchaser's donee
inside Illinois when the purchase order for | ||
that personal property was
received by a florist located | ||
outside Illinois who has a florist located
inside Illinois | ||
deliver the personal property.
| ||
(20) Semen used for artificial insemination of livestock | ||
for direct
agricultural production.
| ||
(21) Horses, or interests in horses, registered with and | ||
meeting the
requirements of any of the
Arabian Horse Club | ||
Registry of America, Appaloosa Horse Club, American Quarter
| ||
Horse Association, United States
Trotting Association, or | ||
Jockey Club, as appropriate, used for
purposes of breeding or | ||
racing for prizes. This item (21) is exempt from the provisions | ||
of Section 3-90, and the exemption provided for under this item | ||
(21) applies for all periods beginning May 30, 1995, but no | ||
claim for credit or refund is allowed on or after January 1, | ||
2008
for such taxes paid during the period beginning May 30, | ||
2000 and ending on January 1, 2008.
| ||
(22) Computers and communications equipment utilized for | ||
any
hospital
purpose
and equipment used in the diagnosis,
| ||
analysis, or treatment of hospital patients purchased by a | ||
lessor who leases
the
equipment, under a lease of one year or | ||
longer executed or in effect at the
time the lessor would | ||
otherwise be subject to the tax imposed by this Act, to a
| ||
hospital
that has been issued an active tax exemption |
identification number by
the
Department under Section 1g of the | ||
Retailers' Occupation Tax Act. If the
equipment is leased in a | ||
manner that does not qualify for
this exemption or is used in | ||
any other non-exempt manner, the lessor
shall be liable for the
| ||
tax imposed under this Act or the Service Use Tax Act, as the | ||
case may
be, based on the fair market value of the property at | ||
the time the
non-qualifying use occurs. No lessor shall collect | ||
or attempt to collect an
amount (however
designated) that | ||
purports to reimburse that lessor for the tax imposed by this
| ||
Act or the Service Use Tax Act, as the case may be, if the tax | ||
has not been
paid by the lessor. If a lessor improperly | ||
collects any such amount from the
lessee, the lessee shall have | ||
a legal right to claim a refund of that amount
from the lessor. | ||
If, however, that amount is not refunded to the lessee for
any | ||
reason, the lessor is liable to pay that amount to the | ||
Department.
| ||
(23) Personal property purchased by a lessor who leases the
| ||
property, under
a
lease of
one year or longer executed or in | ||
effect at the time
the lessor would otherwise be subject to the | ||
tax imposed by this Act,
to a governmental body
that has been | ||
issued an active sales tax exemption identification number by | ||
the
Department under Section 1g of the Retailers' Occupation | ||
Tax Act.
If the
property is leased in a manner that does not | ||
qualify for
this exemption
or used in any other non-exempt | ||
manner, the lessor shall be liable for the
tax imposed under | ||
this Act or the Service Use Tax Act, as the case may
be, based |
on the fair market value of the property at the time the
| ||
non-qualifying use occurs. No lessor shall collect or attempt | ||
to collect an
amount (however
designated) that purports to | ||
reimburse that lessor for the tax imposed by this
Act or the | ||
Service Use Tax Act, as the case may be, if the tax has not been
| ||
paid by the lessor. If a lessor improperly collects any such | ||
amount from the
lessee, the lessee shall have a legal right to | ||
claim a refund of that amount
from the lessor. If, however, | ||
that amount is not refunded to the lessee for
any reason, the | ||
lessor is liable to pay that amount to the Department.
| ||
(24) Beginning with taxable years ending on or after | ||
December
31, 1995
and
ending with taxable years ending on or | ||
before December 31, 2004,
personal property that is
donated for | ||
disaster relief to be used in a State or federally declared
| ||
disaster area in Illinois or bordering Illinois by a | ||
manufacturer or retailer
that is registered in this State to a | ||
corporation, society, association,
foundation, or institution | ||
that has been issued a sales tax exemption
identification | ||
number by the Department that assists victims of the disaster
| ||
who reside within the declared disaster area.
| ||
(25) Beginning with taxable years ending on or after | ||
December
31, 1995 and
ending with taxable years ending on or | ||
before December 31, 2004, personal
property that is used in the | ||
performance of infrastructure repairs in this
State, including | ||
but not limited to municipal roads and streets, access roads,
| ||
bridges, sidewalks, waste disposal systems, water and sewer |
line extensions,
water distribution and purification | ||
facilities, storm water drainage and
retention facilities, and | ||
sewage treatment facilities, resulting from a State
or | ||
federally declared disaster in Illinois or bordering Illinois | ||
when such
repairs are initiated on facilities located in the | ||
declared disaster area
within 6 months after the disaster.
| ||
(26) Beginning July 1, 1999, game or game birds purchased | ||
at a "game
breeding
and hunting preserve area" as that term is
| ||
used in
the Wildlife Code. This paragraph is exempt from the | ||
provisions
of
Section 3-90.
| ||
(27) A motor vehicle, as that term is defined in Section | ||
1-146
of the
Illinois
Vehicle Code, that is donated to a | ||
corporation, limited liability company,
society, association, | ||
foundation, or institution that is determined by the
Department | ||
to be organized and operated exclusively for educational | ||
purposes.
For purposes of this exemption, "a corporation, | ||
limited liability company,
society, association, foundation, | ||
or institution organized and operated
exclusively for | ||
educational purposes" means all tax-supported public schools,
| ||
private schools that offer systematic instruction in useful | ||
branches of
learning by methods common to public schools and | ||
that compare favorably in
their scope and intensity with the | ||
course of study presented in tax-supported
schools, and | ||
vocational or technical schools or institutes organized and
| ||
operated exclusively to provide a course of study of not less | ||
than 6 weeks
duration and designed to prepare individuals to |
follow a trade or to pursue a
manual, technical, mechanical, | ||
industrial, business, or commercial
occupation.
| ||
(28) Beginning January 1, 2000, personal property, | ||
including
food,
purchased through fundraising
events for the | ||
benefit of
a public or private elementary or
secondary school, | ||
a group of those schools, or one or more school
districts if | ||
the events are
sponsored by an entity recognized by the school | ||
district that consists
primarily of volunteers and includes
| ||
parents and teachers of the school children. This paragraph | ||
does not apply
to fundraising
events (i) for the benefit of | ||
private home instruction or (ii)
for which the fundraising | ||
entity purchases the personal property sold at
the events from | ||
another individual or entity that sold the property for the
| ||
purpose of resale by the fundraising entity and that
profits | ||
from the sale to the
fundraising entity. This paragraph is | ||
exempt
from the provisions
of Section 3-90.
| ||
(29) Beginning January 1, 2000 and through December 31, | ||
2001, new or
used automatic vending
machines that prepare and | ||
serve hot food and beverages, including coffee, soup,
and
other | ||
items, and replacement parts for these machines.
Beginning | ||
January 1,
2002 and through June 30, 2003, machines and parts | ||
for machines used in
commercial, coin-operated amusement and | ||
vending business if a use or occupation
tax is paid on the | ||
gross receipts derived from the use of the commercial,
| ||
coin-operated amusement and vending machines.
This
paragraph
| ||
is exempt from the provisions of Section 3-90.
|
(30) Beginning January 1, 2001 and through June 30, 2016, | ||
food for human consumption that is to be consumed off the | ||
premises
where it is sold (other than alcoholic beverages, soft | ||
drinks, and food that
has been prepared for immediate | ||
consumption) and prescription and
nonprescription medicines, | ||
drugs, medical appliances, and insulin, urine
testing | ||
materials, syringes, and needles used by diabetics, for human | ||
use, when
purchased for use by a person receiving medical | ||
assistance under Article V of
the Illinois Public Aid Code who | ||
resides in a licensed long-term care facility,
as defined in | ||
the Nursing Home Care Act, or in a licensed facility as defined | ||
in the ID/DD Community Care Act, the MC/DD Act, or the | ||
Specialized Mental Health Rehabilitation Act of 2013.
| ||
(31) Beginning on August 2, 2001 ( the effective date of | ||
Public Act 92-227) this amendatory Act of the 92nd General | ||
Assembly ,
computers and communications equipment
utilized for | ||
any hospital purpose and equipment used in the diagnosis,
| ||
analysis, or treatment of hospital patients purchased by a | ||
lessor who leases
the equipment, under a lease of one year or | ||
longer executed or in effect at the
time the lessor would | ||
otherwise be subject to the tax imposed by this Act, to a
| ||
hospital that has been issued an active tax exemption | ||
identification number by
the Department under Section 1g of the | ||
Retailers' Occupation Tax Act. If the
equipment is leased in a | ||
manner that does not qualify for this exemption or is
used in | ||
any other nonexempt manner, the lessor shall be liable for the |
tax
imposed under this Act or the Service Use Tax Act, as the | ||
case may be, based on
the fair market value of the property at | ||
the time the nonqualifying use
occurs. No lessor shall collect | ||
or attempt to collect an amount (however
designated) that | ||
purports to reimburse that lessor for the tax imposed by this
| ||
Act or the Service Use Tax Act, as the case may be, if the tax | ||
has not been
paid by the lessor. If a lessor improperly | ||
collects any such amount from the
lessee, the lessee shall have | ||
a legal right to claim a refund of that amount
from the lessor. | ||
If, however, that amount is not refunded to the lessee for
any | ||
reason, the lessor is liable to pay that amount to the | ||
Department.
This paragraph is exempt from the provisions of | ||
Section 3-90.
| ||
(32) Beginning on August 2, 2001 ( the effective date of | ||
Public Act 92-227) this amendatory Act of the 92nd General | ||
Assembly ,
personal property purchased by a lessor who leases | ||
the property,
under a lease of one year or longer executed or | ||
in effect at the time the
lessor would otherwise be subject to | ||
the tax imposed by this Act, to a
governmental body that has | ||
been issued an active sales tax exemption
identification number | ||
by the Department under Section 1g of the Retailers'
Occupation | ||
Tax Act. If the property is leased in a manner that does not
| ||
qualify for this exemption or used in any other nonexempt | ||
manner, the lessor
shall be liable for the tax imposed under | ||
this Act or the Service Use Tax Act,
as the case may be, based | ||
on the fair market value of the property at the time
the |
nonqualifying use occurs. No lessor shall collect or attempt to | ||
collect
an amount (however designated) that purports to | ||
reimburse that lessor for the
tax imposed by this Act or the | ||
Service Use Tax Act, as the case may be, if the
tax has not been | ||
paid by the lessor. If a lessor improperly collects any such
| ||
amount from the lessee, the lessee shall have a legal right to | ||
claim a refund
of that amount from the lessor. If, however, | ||
that amount is not refunded to
the lessee for any reason, the | ||
lessor is liable to pay that amount to the
Department. This | ||
paragraph is exempt from the provisions of Section 3-90.
| ||
(33) On and after July 1, 2003 and through June 30, 2004, | ||
the use in this State of motor vehicles of
the second division | ||
with a gross vehicle weight in excess of 8,000 pounds and
that | ||
are subject to the commercial distribution fee imposed under | ||
Section
3-815.1 of the Illinois Vehicle Code. Beginning on July | ||
1, 2004 and through June 30, 2005, the use in this State of | ||
motor vehicles of the second division: (i) with a gross vehicle | ||
weight rating in excess of 8,000 pounds; (ii) that are subject | ||
to the commercial distribution fee imposed under Section | ||
3-815.1 of the Illinois Vehicle Code; and (iii) that are | ||
primarily used for commercial purposes. Through June 30, 2005, | ||
this exemption applies to repair and
replacement parts added | ||
after the initial purchase of such a motor vehicle if
that | ||
motor
vehicle is used in a manner that would qualify for the | ||
rolling stock exemption
otherwise provided for in this Act. For | ||
purposes of this paragraph, the term "used for commercial |
purposes" means the transportation of persons or property in | ||
furtherance of any commercial or industrial enterprise, | ||
whether for-hire or not.
| ||
(34) Beginning January 1, 2008, tangible personal property | ||
used in the construction or maintenance of a community water | ||
supply, as defined under Section 3.145 of the Environmental | ||
Protection Act, that is operated by a not-for-profit | ||
corporation that holds a valid water supply permit issued under | ||
Title IV of the Environmental Protection Act. This paragraph is | ||
exempt from the provisions of Section 3-90. | ||
(35) Beginning January 1, 2010, materials, parts, | ||
equipment, components, and furnishings incorporated into or | ||
upon an aircraft as part of the modification, refurbishment, | ||
completion, replacement, repair, or maintenance of the | ||
aircraft. This exemption includes consumable supplies used in | ||
the modification, refurbishment, completion, replacement, | ||
repair, and maintenance of aircraft, but excludes any | ||
materials, parts, equipment, components, and consumable | ||
supplies used in the modification, replacement, repair, and | ||
maintenance of aircraft engines or power plants, whether such | ||
engines or power plants are installed or uninstalled upon any | ||
such aircraft. "Consumable supplies" include, but are not | ||
limited to, adhesive, tape, sandpaper, general purpose | ||
lubricants, cleaning solution, latex gloves, and protective | ||
films. This exemption applies only to the use of qualifying | ||
tangible personal property by persons who modify, refurbish, |
complete, repair, replace, or maintain aircraft and who (i) | ||
hold an Air Agency Certificate and are empowered to operate an | ||
approved repair station by the Federal Aviation | ||
Administration, (ii) have a Class IV Rating, and (iii) conduct | ||
operations in accordance with Part 145 of the Federal Aviation | ||
Regulations. The exemption does not include aircraft operated | ||
by a commercial air carrier providing scheduled passenger air | ||
service pursuant to authority issued under Part 121 or Part 129 | ||
of the Federal Aviation Regulations. The changes made to this | ||
paragraph (35) by Public Act 98-534 are declarative of existing | ||
law. | ||
(36) Tangible personal property purchased by a | ||
public-facilities corporation, as described in Section | ||
11-65-10 of the Illinois Municipal Code, for purposes of | ||
constructing or furnishing a municipal convention hall, but | ||
only if the legal title to the municipal convention hall is | ||
transferred to the municipality without any further | ||
consideration by or on behalf of the municipality at the time | ||
of the completion of the municipal convention hall or upon the | ||
retirement or redemption of any bonds or other debt instruments | ||
issued by the public-facilities corporation in connection with | ||
the development of the municipal convention hall. This | ||
exemption includes existing public-facilities corporations as | ||
provided in Section 11-65-25 of the Illinois Municipal Code. | ||
This paragraph is exempt from the provisions of Section 3-90. | ||
(37) Beginning January 1, 2017, menstrual pads, tampons, |
and menstrual cups. | ||
(38) Merchandise that is subject to the Rental Purchase | ||
Agreement Occupation and Use Tax. The purchaser must certify | ||
that the item is purchased to be rented subject to a rental | ||
purchase agreement, as defined in the Rental Purchase Agreement | ||
Act, and provide proof of registration under the Rental | ||
Purchase Agreement Occupation and Use Tax Act. This paragraph | ||
is exempt from the provisions of Section 3-90. | ||
(Source: P.A. 99-180, eff. 7-29-15; 99-855, eff. 8-19-16; | ||
100-22, eff. 7-6-17; 100-437, eff. 1-1-18; revised 9-27-17.)
| ||
(35 ILCS 105/9) (from Ch. 120, par. 439.9) | ||
(Text of Section before amendment by P.A. 100-363 ) | ||
Sec. 9. Except as to motor vehicles, watercraft, aircraft, | ||
and
trailers that are required to be registered with an agency | ||
of this State,
each retailer
required or authorized to collect | ||
the tax imposed by this Act shall pay
to the Department the | ||
amount of such tax (except as otherwise provided)
at the time | ||
when he is required to file his return for the period during
| ||
which such tax was collected, less a discount of 2.1% prior to
| ||
January 1, 1990, and 1.75% on and after January 1, 1990, or $5 | ||
per calendar
year, whichever is greater, which is allowed to | ||
reimburse the retailer
for expenses incurred in collecting the | ||
tax, keeping records, preparing
and filing returns, remitting | ||
the tax and supplying data to the
Department on request. In the | ||
case of retailers who report and pay the
tax on a transaction |
by transaction basis, as provided in this Section,
such | ||
discount shall be taken with each such tax remittance instead | ||
of
when such retailer files his periodic return. The discount | ||
allowed under this Section is allowed only for returns that are | ||
filed in the manner required by this Act. The Department may | ||
disallow the discount for retailers whose certificate of | ||
registration is revoked at the time the return is filed, but | ||
only if the Department's decision to revoke the certificate of | ||
registration has become final. A retailer need not remit
that | ||
part of any tax collected by him to the extent that he is | ||
required
to remit and does remit the tax imposed by the | ||
Retailers' Occupation
Tax Act, with respect to the sale of the | ||
same property. | ||
Where such tangible personal property is sold under a | ||
conditional
sales contract, or under any other form of sale | ||
wherein the payment of
the principal sum, or a part thereof, is | ||
extended beyond the close of
the period for which the return is | ||
filed, the retailer, in collecting
the tax (except as to motor | ||
vehicles, watercraft, aircraft, and
trailers that are required | ||
to be registered with an agency of this State),
may collect for | ||
each
tax return period, only the tax applicable to that part of | ||
the selling
price actually received during such tax return | ||
period. | ||
Except as provided in this Section, on or before the | ||
twentieth day of each
calendar month, such retailer shall file | ||
a return for the preceding
calendar month. Such return shall be |
filed on forms prescribed by the
Department and shall furnish | ||
such information as the Department may
reasonably require. On | ||
and after January 1, 2018, except for returns for motor | ||
vehicles, watercraft, aircraft, and trailers that are required | ||
to be registered with an agency of this State, with respect to | ||
retailers whose annual gross receipts average $20,000 or more, | ||
all returns required to be filed pursuant to this Act shall be | ||
filed electronically. Retailers who demonstrate that they do | ||
not have access to the Internet or demonstrate hardship in | ||
filing electronically may petition the Department to waive the | ||
electronic filing requirement. | ||
The Department may require returns to be filed on a | ||
quarterly basis.
If so required, a return for each calendar | ||
quarter shall be filed on or
before the twentieth day of the | ||
calendar month following the end of such
calendar quarter. The | ||
taxpayer shall also file a return with the
Department for each | ||
of the first two months of each calendar quarter, on or
before | ||
the twentieth day of the following calendar month, stating: | ||
1. The name of the seller; | ||
2. The address of the principal place of business from | ||
which he engages
in the business of selling tangible | ||
personal property at retail in this State; | ||
3. The total amount of taxable receipts received by him | ||
during the
preceding calendar month from sales of tangible | ||
personal property by him
during such preceding calendar | ||
month, including receipts from charge and
time sales, but |
less all deductions allowed by law; | ||
4. The amount of credit provided in Section 2d of this | ||
Act; | ||
5. The amount of tax due; | ||
5-5. The signature of the taxpayer; and | ||
6. Such other reasonable information as the Department | ||
may
require. | ||
If a taxpayer fails to sign a return within 30 days after | ||
the proper notice
and demand for signature by the Department, | ||
the return shall be considered
valid and any amount shown to be | ||
due on the return shall be deemed assessed. | ||
Beginning October 1, 1993, a taxpayer who has an average | ||
monthly tax
liability of $150,000 or more shall make all | ||
payments required by rules of the
Department by electronic | ||
funds transfer. Beginning October 1, 1994, a taxpayer
who has | ||
an average monthly tax liability of $100,000 or more shall make | ||
all
payments required by rules of the Department by electronic | ||
funds transfer.
Beginning October 1, 1995, a taxpayer who has | ||
an average monthly tax liability
of $50,000 or more shall make | ||
all payments required by rules of the Department
by electronic | ||
funds transfer. Beginning October 1, 2000, a taxpayer who has
| ||
an annual tax liability of $200,000 or more shall make all | ||
payments required by
rules of the Department by electronic | ||
funds transfer. The term "annual tax
liability" shall be the | ||
sum of the taxpayer's liabilities under this Act, and
under all | ||
other State and local occupation and use tax laws administered |
by the
Department, for the immediately preceding calendar year. | ||
The term "average
monthly tax liability" means
the sum of the | ||
taxpayer's liabilities under this Act, and under all other | ||
State
and local occupation and use tax laws administered by the | ||
Department, for the
immediately preceding calendar year | ||
divided by 12.
Beginning on October 1, 2002, a taxpayer who has | ||
a tax liability in the
amount set forth in subsection (b) of | ||
Section 2505-210 of the Department of
Revenue Law shall make | ||
all payments required by rules of the Department by
electronic | ||
funds transfer. | ||
Before August 1 of each year beginning in 1993, the | ||
Department shall notify
all taxpayers required to make payments | ||
by electronic funds transfer. All
taxpayers required to make | ||
payments by electronic funds transfer shall make
those payments | ||
for a minimum of one year beginning on October 1. | ||
Any taxpayer not required to make payments by electronic | ||
funds transfer may
make payments by electronic funds transfer | ||
with the permission of the
Department. | ||
All taxpayers required to make payment by electronic funds | ||
transfer and any
taxpayers authorized to voluntarily make | ||
payments by electronic funds transfer
shall make those payments | ||
in the manner authorized by the Department. | ||
The Department shall adopt such rules as are necessary to | ||
effectuate a
program of electronic funds transfer and the | ||
requirements of this Section. | ||
Before October 1, 2000, if the taxpayer's average monthly |
tax liability
to the Department
under this Act, the Retailers' | ||
Occupation Tax Act, the Service
Occupation Tax Act, the Service | ||
Use Tax Act was $10,000 or more
during
the preceding 4 complete | ||
calendar quarters, he shall file a return with the
Department | ||
each month by the 20th day of the month next following the | ||
month
during which such tax liability is incurred and shall | ||
make payments to the
Department on or before the 7th, 15th, | ||
22nd and last day of the month
during which such liability is | ||
incurred.
On and after October 1, 2000, if the taxpayer's | ||
average monthly tax liability
to the Department under this Act, | ||
the Retailers' Occupation Tax Act,
the
Service Occupation Tax | ||
Act, and the Service Use Tax Act was $20,000 or more
during the | ||
preceding 4 complete calendar quarters, he shall file a return | ||
with
the Department each month by the 20th day of the month | ||
next following the month
during which such tax liability is | ||
incurred and shall make payment to the
Department on or before | ||
the 7th, 15th, 22nd and last day of the
month during
which such | ||
liability is incurred.
If the month during which such tax
| ||
liability is incurred began prior to January 1, 1985, each | ||
payment shall be
in an amount equal to 1/4 of the taxpayer's
| ||
actual liability for the month or an amount set by the | ||
Department not to
exceed 1/4 of the average monthly liability | ||
of the taxpayer to the
Department for the preceding 4 complete | ||
calendar quarters (excluding the
month of highest liability and | ||
the month of lowest liability in such 4
quarter period). If the | ||
month during which such tax liability is incurred
begins on or |
after January 1, 1985, and prior to January 1, 1987, each
| ||
payment shall be in an amount equal to 22.5% of the taxpayer's | ||
actual liability
for the month or 27.5% of the taxpayer's | ||
liability for the same calendar
month of the preceding year. If | ||
the month during which such tax liability
is incurred begins on | ||
or after January 1, 1987, and prior to January 1,
1988, each | ||
payment shall be in an amount equal to 22.5% of the taxpayer's
| ||
actual liability for the month or 26.25% of the taxpayer's | ||
liability for
the same calendar month of the preceding year. If | ||
the month during which such
tax liability is incurred begins on | ||
or after January 1, 1988, and prior to
January 1, 1989,
or | ||
begins on or after January 1, 1996, each payment shall be in an | ||
amount equal
to 22.5% of the taxpayer's actual liability for | ||
the month or 25% of the
taxpayer's liability for the same | ||
calendar month of the preceding year. If the
month during which | ||
such tax liability is incurred begins on or after January 1,
| ||
1989,
and prior to January 1, 1996, each payment shall be in an | ||
amount equal to 22.5%
of the taxpayer's actual liability for | ||
the month or 25% of the taxpayer's
liability for the same | ||
calendar month of the preceding year or 100% of the
taxpayer's | ||
actual liability for the quarter monthly reporting period. The
| ||
amount of such quarter monthly payments shall be credited | ||
against the final tax
liability
of the taxpayer's return for | ||
that month. Before October 1, 2000, once
applicable, the | ||
requirement
of the making of quarter monthly payments to the | ||
Department shall continue
until such taxpayer's average |
monthly liability to the Department during
the preceding 4 | ||
complete calendar quarters (excluding the month of highest
| ||
liability and the month of lowest liability) is less than
| ||
$9,000, or until
such taxpayer's average monthly liability to | ||
the Department as computed for
each calendar quarter of the 4 | ||
preceding complete calendar quarter period
is less than | ||
$10,000. However, if a taxpayer can show the
Department that
a | ||
substantial change in the taxpayer's business has occurred | ||
which causes
the taxpayer to anticipate that his average | ||
monthly tax liability for the
reasonably foreseeable future | ||
will fall below the $10,000 threshold
stated above, then
such | ||
taxpayer
may petition the Department for change in such | ||
taxpayer's reporting status.
On and after October 1, 2000, once | ||
applicable, the requirement of the making
of quarter monthly | ||
payments to the Department shall continue until such
taxpayer's | ||
average monthly liability to the Department during the | ||
preceding 4
complete calendar quarters (excluding the month of | ||
highest liability and the
month of lowest liability) is less | ||
than $19,000 or until such taxpayer's
average monthly liability | ||
to the Department as computed for each calendar
quarter of the | ||
4 preceding complete calendar quarter period is less than
| ||
$20,000. However, if a taxpayer can show the Department that a | ||
substantial
change in the taxpayer's business has occurred | ||
which causes the taxpayer to
anticipate that his average | ||
monthly tax liability for the reasonably
foreseeable future | ||
will fall below the $20,000 threshold stated above, then
such |
taxpayer may petition the Department for a change in such | ||
taxpayer's
reporting status.
The Department shall change such | ||
taxpayer's reporting status unless it
finds that such change is | ||
seasonal in nature and not likely to be long
term. If any such | ||
quarter monthly payment is not paid at the time or in
the | ||
amount required by this Section, then the taxpayer shall be | ||
liable for
penalties and interest on
the difference between the | ||
minimum amount due and the amount of such
quarter monthly | ||
payment actually and timely paid, except insofar as the
| ||
taxpayer has previously made payments for that month to the | ||
Department in
excess of the minimum payments previously due as | ||
provided in this Section.
The Department shall make reasonable | ||
rules and regulations to govern the
quarter monthly payment | ||
amount and quarter monthly payment dates for
taxpayers who file | ||
on other than a calendar monthly basis. | ||
If any such payment provided for in this Section exceeds | ||
the taxpayer's
liabilities under this Act, the Retailers' | ||
Occupation Tax Act, the Service
Occupation Tax Act and the | ||
Service Use Tax Act, as shown by an original
monthly return, | ||
the Department shall issue to the taxpayer a credit
memorandum | ||
no later than 30 days after the date of payment, which
| ||
memorandum may be submitted by the taxpayer to the Department | ||
in payment of
tax liability subsequently to be remitted by the | ||
taxpayer to the Department
or be assigned by the taxpayer to a | ||
similar taxpayer under this Act, the
Retailers' Occupation Tax | ||
Act, the Service Occupation Tax Act or the
Service Use Tax Act, |
in accordance with reasonable rules and regulations to
be | ||
prescribed by the Department, except that if such excess | ||
payment is
shown on an original monthly return and is made | ||
after December 31, 1986, no
credit memorandum shall be issued, | ||
unless requested by the taxpayer. If no
such request is made, | ||
the taxpayer may credit such excess payment against
tax | ||
liability subsequently to be remitted by the taxpayer to the | ||
Department
under this Act, the Retailers' Occupation Tax Act, | ||
the Service Occupation
Tax Act or the Service Use Tax Act, in | ||
accordance with reasonable rules and
regulations prescribed by | ||
the Department. If the Department subsequently
determines that | ||
all or any part of the credit taken was not actually due to
the | ||
taxpayer, the taxpayer's 2.1% or 1.75% vendor's discount shall | ||
be
reduced by 2.1% or 1.75% of the difference between the | ||
credit taken and
that actually due, and the taxpayer shall be | ||
liable for penalties and
interest on such difference. | ||
If the retailer is otherwise required to file a monthly | ||
return and if the
retailer's average monthly tax liability to | ||
the Department
does not exceed $200, the Department may | ||
authorize his returns to be
filed on a quarter annual basis, | ||
with the return for January, February,
and March of a given | ||
year being due by April 20 of such year; with the
return for | ||
April, May and June of a given year being due by July 20 of
such | ||
year; with the return for July, August and September of a given
| ||
year being due by October 20 of such year, and with the return | ||
for
October, November and December of a given year being due by |
January 20
of the following year. | ||
If the retailer is otherwise required to file a monthly or | ||
quarterly
return and if the retailer's average monthly tax | ||
liability to the
Department does not exceed $50, the Department | ||
may authorize his returns to
be filed on an annual basis, with | ||
the return for a given year being due by
January 20 of the | ||
following year. | ||
Such quarter annual and annual returns, as to form and | ||
substance,
shall be subject to the same requirements as monthly | ||
returns. | ||
Notwithstanding any other provision in this Act concerning | ||
the time
within which a retailer may file his return, in the | ||
case of any retailer
who ceases to engage in a kind of business | ||
which makes him responsible
for filing returns under this Act, | ||
such retailer shall file a final
return under this Act with the | ||
Department not more than one month after
discontinuing such | ||
business. | ||
In addition, with respect to motor vehicles, watercraft,
| ||
aircraft, and trailers that are required to be registered with | ||
an agency of
this State, every
retailer selling this kind of | ||
tangible personal property shall file,
with the Department, | ||
upon a form to be prescribed and supplied by the
Department, a | ||
separate return for each such item of tangible personal
| ||
property which the retailer sells, except that if, in the same
| ||
transaction, (i) a retailer of aircraft, watercraft, motor | ||
vehicles or
trailers transfers more than
one aircraft, |
watercraft, motor
vehicle or trailer to another aircraft, | ||
watercraft, motor vehicle or
trailer retailer for the purpose | ||
of resale
or (ii) a retailer of aircraft, watercraft, motor | ||
vehicles, or trailers
transfers more than one aircraft, | ||
watercraft, motor vehicle, or trailer to a
purchaser for use as | ||
a qualifying rolling stock as provided in Section 3-55 of
this | ||
Act, then
that seller may report the transfer of all the
| ||
aircraft, watercraft, motor
vehicles
or trailers involved in | ||
that transaction to the Department on the same
uniform
| ||
invoice-transaction reporting return form.
For purposes of | ||
this Section, "watercraft" means a Class 2, Class 3, or
Class
4 | ||
watercraft as defined in Section 3-2 of the Boat Registration | ||
and Safety Act,
a
personal watercraft, or any boat equipped | ||
with an inboard motor. | ||
The transaction reporting return in the case of motor | ||
vehicles
or trailers that are required to be registered with an | ||
agency of this
State, shall
be the same document as the Uniform | ||
Invoice referred to in Section 5-402
of the Illinois Vehicle | ||
Code and must show the name and address of the
seller; the name | ||
and address of the purchaser; the amount of the selling
price | ||
including the amount allowed by the retailer for traded-in
| ||
property, if any; the amount allowed by the retailer for the | ||
traded-in
tangible personal property, if any, to the extent to | ||
which Section 2 of
this Act allows an exemption for the value | ||
of traded-in property; the
balance payable after deducting such | ||
trade-in allowance from the total
selling price; the amount of |
tax due from the retailer with respect to
such transaction; the | ||
amount of tax collected from the purchaser by the
retailer on | ||
such transaction (or satisfactory evidence that such tax is
not | ||
due in that particular instance, if that is claimed to be the | ||
fact);
the place and date of the sale; a sufficient | ||
identification of the
property sold; such other information as | ||
is required in Section 5-402 of
the Illinois Vehicle Code, and | ||
such other information as the Department
may reasonably | ||
require. | ||
The transaction reporting return in the case of watercraft
| ||
and aircraft must show
the name and address of the seller; the | ||
name and address of the
purchaser; the amount of the selling | ||
price including the amount allowed
by the retailer for | ||
traded-in property, if any; the amount allowed by
the retailer | ||
for the traded-in tangible personal property, if any, to
the | ||
extent to which Section 2 of this Act allows an exemption for | ||
the
value of traded-in property; the balance payable after | ||
deducting such
trade-in allowance from the total selling price; | ||
the amount of tax due
from the retailer with respect to such | ||
transaction; the amount of tax
collected from the purchaser by | ||
the retailer on such transaction (or
satisfactory evidence that | ||
such tax is not due in that particular
instance, if that is | ||
claimed to be the fact); the place and date of the
sale, a | ||
sufficient identification of the property sold, and such other
| ||
information as the Department may reasonably require. | ||
Such transaction reporting return shall be filed not later |
than 20
days after the date of delivery of the item that is | ||
being sold, but may
be filed by the retailer at any time sooner | ||
than that if he chooses to
do so. The transaction reporting | ||
return and tax remittance or proof of
exemption from the tax | ||
that is imposed by this Act may be transmitted to
the | ||
Department by way of the State agency with which, or State | ||
officer
with whom, the tangible personal property must be | ||
titled or registered
(if titling or registration is required) | ||
if the Department and such
agency or State officer determine | ||
that this procedure will expedite the
processing of | ||
applications for title or registration. | ||
With each such transaction reporting return, the retailer | ||
shall remit
the proper amount of tax due (or shall submit | ||
satisfactory evidence that
the sale is not taxable if that is | ||
the case), to the Department or its
agents, whereupon the | ||
Department shall issue, in the purchaser's name, a
tax receipt | ||
(or a certificate of exemption if the Department is
satisfied | ||
that the particular sale is tax exempt) which such purchaser
| ||
may submit to the agency with which, or State officer with | ||
whom, he must
title or register the tangible personal property | ||
that is involved (if
titling or registration is required) in | ||
support of such purchaser's
application for an Illinois | ||
certificate or other evidence of title or
registration to such | ||
tangible personal property. | ||
No retailer's failure or refusal to remit tax under this | ||
Act
precludes a user, who has paid the proper tax to the |
retailer, from
obtaining his certificate of title or other | ||
evidence of title or
registration (if titling or registration | ||
is required) upon satisfying
the Department that such user has | ||
paid the proper tax (if tax is due) to
the retailer. The | ||
Department shall adopt appropriate rules to carry out
the | ||
mandate of this paragraph. | ||
If the user who would otherwise pay tax to the retailer | ||
wants the
transaction reporting return filed and the payment of | ||
tax or proof of
exemption made to the Department before the | ||
retailer is willing to take
these actions and such user has not | ||
paid the tax to the retailer, such
user may certify to the fact | ||
of such delay by the retailer, and may
(upon the Department | ||
being satisfied of the truth of such certification)
transmit | ||
the information required by the transaction reporting return
| ||
and the remittance for tax or proof of exemption directly to | ||
the
Department and obtain his tax receipt or exemption | ||
determination, in
which event the transaction reporting return | ||
and tax remittance (if a
tax payment was required) shall be | ||
credited by the Department to the
proper retailer's account | ||
with the Department, but without the 2.1% or 1.75%
discount | ||
provided for in this Section being allowed. When the user pays
| ||
the tax directly to the Department, he shall pay the tax in the | ||
same
amount and in the same form in which it would be remitted | ||
if the tax had
been remitted to the Department by the retailer. | ||
Where a retailer collects the tax with respect to the | ||
selling price
of tangible personal property which he sells and |
the purchaser
thereafter returns such tangible personal | ||
property and the retailer
refunds the selling price thereof to | ||
the purchaser, such retailer shall
also refund, to the | ||
purchaser, the tax so collected from the purchaser.
When filing | ||
his return for the period in which he refunds such tax to
the | ||
purchaser, the retailer may deduct the amount of the tax so | ||
refunded
by him to the purchaser from any other use tax which | ||
such retailer may
be required to pay or remit to the | ||
Department, as shown by such return,
if the amount of the tax | ||
to be deducted was previously remitted to the
Department by | ||
such retailer. If the retailer has not previously
remitted the | ||
amount of such tax to the Department, he is entitled to no
| ||
deduction under this Act upon refunding such tax to the | ||
purchaser. | ||
Any retailer filing a return under this Section shall also | ||
include
(for the purpose of paying tax thereon) the total tax | ||
covered by such
return upon the selling price of tangible | ||
personal property purchased by
him at retail from a retailer, | ||
but as to which the tax imposed by this
Act was not collected | ||
from the retailer filing such return, and such
retailer shall | ||
remit the amount of such tax to the Department when
filing such | ||
return. | ||
If experience indicates such action to be practicable, the | ||
Department
may prescribe and furnish a combination or joint | ||
return which will
enable retailers, who are required to file | ||
returns hereunder and also
under the Retailers' Occupation Tax |
Act, to furnish all the return
information required by both | ||
Acts on the one form. | ||
Where the retailer has more than one business registered | ||
with the
Department under separate registration under this Act, | ||
such retailer may
not file each return that is due as a single | ||
return covering all such
registered businesses, but shall file | ||
separate returns for each such
registered business. | ||
Beginning January 1, 1990, each month the Department shall | ||
pay into the
State and Local Sales Tax Reform Fund, a special | ||
fund in the State Treasury
which is hereby created, the net | ||
revenue realized for the preceding month
from the 1% tax on | ||
sales of food for human consumption which is to be
consumed off | ||
the premises where it is sold (other than alcoholic beverages,
| ||
soft drinks and food which has been prepared for immediate | ||
consumption) and
prescription and nonprescription medicines, | ||
drugs, medical appliances, products classified as Class III | ||
medical devices by the United States Food and Drug | ||
Administration that are used for cancer treatment pursuant to a | ||
prescription, as well as any accessories and components related | ||
to those devices, and
insulin, urine testing materials, | ||
syringes and needles used by diabetics. | ||
Beginning January 1, 1990, each month the Department shall | ||
pay into
the County and Mass Transit District Fund 4% of the | ||
net revenue realized
for the preceding month from the 6.25% | ||
general rate
on the selling price of tangible personal property | ||
which is purchased
outside Illinois at retail from a retailer |
and which is titled or
registered by an agency of this State's | ||
government. | ||
Beginning January 1, 1990, each month the Department shall | ||
pay into
the State and Local Sales Tax Reform Fund, a special | ||
fund in the State
Treasury, 20% of the net revenue realized
for | ||
the preceding month from the 6.25% general rate on the selling
| ||
price of tangible personal property, other than tangible | ||
personal property
which is purchased outside Illinois at retail | ||
from a retailer and which is
titled or registered by an agency | ||
of this State's government. | ||
Beginning August 1, 2000, each
month the Department shall | ||
pay into the
State and Local Sales Tax Reform Fund 100% of the | ||
net revenue realized for the
preceding month from the 1.25% | ||
rate on the selling price of motor fuel and
gasohol. Beginning | ||
September 1, 2010, each
month the Department shall pay into the
| ||
State and Local Sales Tax Reform Fund 100% of the net revenue | ||
realized for the
preceding month from the 1.25% rate on the | ||
selling price of sales tax holiday items. | ||
Beginning January 1, 1990, each month the Department shall | ||
pay into
the Local Government Tax Fund 16% of the net revenue | ||
realized for the
preceding month from the 6.25% general rate on | ||
the selling price of
tangible personal property which is | ||
purchased outside Illinois at retail
from a retailer and which | ||
is titled or registered by an agency of this
State's | ||
government. | ||
Beginning October 1, 2009, each month the Department shall |
pay into the Capital Projects Fund an amount that is equal to | ||
an amount estimated by the Department to represent 80% of the | ||
net revenue realized for the preceding month from the sale of | ||
candy, grooming and hygiene products, and soft drinks that had | ||
been taxed at a rate of 1% prior to September 1, 2009 but that | ||
are now taxed at 6.25%. | ||
Beginning July 1, 2011, each
month the Department shall pay | ||
into the Clean Air Act Permit Fund 80% of the net revenue | ||
realized for the
preceding month from the 6.25% general rate on | ||
the selling price of sorbents used in Illinois in the process | ||
of sorbent injection as used to comply with the Environmental | ||
Protection Act or the federal Clean Air Act, but the total | ||
payment into the Clean Air Act Permit Fund under this Act and | ||
the Retailers' Occupation Tax Act shall not exceed $2,000,000 | ||
in any fiscal year. | ||
Beginning July 1, 2013, each month the Department shall pay | ||
into the Underground Storage Tank Fund from the proceeds | ||
collected under this Act, the Service Use Tax Act, the Service | ||
Occupation Tax Act, and the Retailers' Occupation Tax Act an | ||
amount equal to the average monthly deficit in the Underground | ||
Storage Tank Fund during the prior year, as certified annually | ||
by the Illinois Environmental Protection Agency, but the total | ||
payment into the Underground Storage Tank Fund under this Act, | ||
the Service Use Tax Act, the Service Occupation Tax Act, and | ||
the Retailers' Occupation Tax Act shall not exceed $18,000,000 | ||
in any State fiscal year. As used in this paragraph, the |
"average monthly deficit" shall be equal to the difference | ||
between the average monthly claims for payment by the fund and | ||
the average monthly revenues deposited into the fund, excluding | ||
payments made pursuant to this paragraph. | ||
Beginning July 1, 2015, of the remainder of the moneys | ||
received by the Department under this Act, the Service Use Tax | ||
Act, the Service Occupation Tax Act, and the Retailers' | ||
Occupation Tax Act, each month the Department shall deposit | ||
$500,000 into the State Crime Laboratory Fund. | ||
Of the remainder of the moneys received by the Department | ||
pursuant to
this Act, (a) 1.75% thereof shall be paid
into the | ||
Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and
on | ||
and after July 1, 1989, 3.8% thereof shall be paid into the
| ||
Build Illinois Fund; provided, however, that if in any fiscal | ||
year the
sum of (1) the aggregate of 2.2% or 3.8%, as the case | ||
may be, of the
moneys received by the Department and required | ||
to be paid into the Build
Illinois Fund pursuant to Section 3 | ||
of the Retailers' Occupation Tax Act,
Section 9 of the Use Tax | ||
Act, Section 9 of the Service Use
Tax Act, and Section 9 of the | ||
Service Occupation Tax Act, such Acts being
hereinafter called | ||
the "Tax Acts" and such aggregate of 2.2% or 3.8%, as
the case | ||
may be, of moneys being hereinafter called the "Tax Act | ||
Amount",
and (2) the amount transferred to the Build Illinois | ||
Fund from the State
and Local Sales Tax Reform Fund shall be | ||
less than the Annual Specified
Amount (as defined in Section 3 | ||
of the Retailers' Occupation Tax Act), an
amount equal to the |
difference shall be immediately paid into the Build
Illinois | ||
Fund from other moneys received by the Department pursuant to | ||
the
Tax Acts; and further provided, that if on the last | ||
business day of any
month the sum of (1) the Tax Act Amount | ||
required to be deposited into the
Build Illinois Bond Account | ||
in the Build Illinois Fund during such month
and (2) the amount | ||
transferred during such month to the Build Illinois Fund
from | ||
the State and Local Sales Tax Reform Fund shall have been less | ||
than
1/12 of the Annual Specified Amount, an amount equal to | ||
the difference
shall be immediately paid into the Build | ||
Illinois Fund from other moneys
received by the Department | ||
pursuant to the Tax Acts; and,
further provided, that in no | ||
event shall the payments required under the
preceding proviso | ||
result in aggregate payments into the Build Illinois Fund
| ||
pursuant to this clause (b) for any fiscal year in excess of | ||
the greater
of (i) the Tax Act Amount or (ii) the Annual | ||
Specified Amount for such
fiscal year; and, further provided, | ||
that the amounts payable into the Build
Illinois Fund under | ||
this clause (b) shall be payable only until such time
as the | ||
aggregate amount on deposit under each trust
indenture securing | ||
Bonds issued and outstanding pursuant to the Build
Illinois | ||
Bond Act is sufficient, taking into account any future | ||
investment
income, to fully provide, in accordance with such | ||
indenture, for the
defeasance of or the payment of the | ||
principal of, premium, if any, and
interest on the Bonds | ||
secured by such indenture and on any Bonds expected
to be |
issued thereafter and all fees and costs payable with respect | ||
thereto,
all as certified by the Director of the
Bureau of the | ||
Budget (now Governor's Office of Management and Budget). If
on | ||
the last
business day of any month in which Bonds are | ||
outstanding pursuant to the
Build Illinois Bond Act, the | ||
aggregate of the moneys deposited
in the Build Illinois Bond | ||
Account in the Build Illinois Fund in such month
shall be less | ||
than the amount required to be transferred in such month from
| ||
the Build Illinois Bond Account to the Build Illinois Bond | ||
Retirement and
Interest Fund pursuant to Section 13 of the | ||
Build Illinois Bond Act, an
amount equal to such deficiency | ||
shall be immediately paid
from other moneys received by the | ||
Department pursuant to the Tax Acts
to the Build Illinois Fund; | ||
provided, however, that any amounts paid to the
Build Illinois | ||
Fund in any fiscal year pursuant to this sentence shall be
| ||
deemed to constitute payments pursuant to clause (b) of the | ||
preceding
sentence and shall reduce the amount otherwise | ||
payable for such fiscal year
pursuant to clause (b) of the | ||
preceding sentence. The moneys received by
the Department | ||
pursuant to this Act and required to be deposited into the
| ||
Build Illinois Fund are subject to the pledge, claim and charge | ||
set forth
in Section 12 of the Build Illinois Bond Act. | ||
Subject to payment of amounts into the Build Illinois Fund | ||
as provided in
the preceding paragraph or in any amendment | ||
thereto hereafter enacted, the
following specified monthly | ||
installment of the amount requested in the
certificate of the |
Chairman of the Metropolitan Pier and Exposition
Authority | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
provided under Section 8.25f of the State Finance Act, but not | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
in
excess of the sums designated as "Total Deposit", shall be
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
deposited in the aggregate from collections under Section 9 of | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
the Use Tax
Act, Section 9 of the Service Use Tax Act, Section | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 of the Service
Occupation Tax Act, and Section 3 of the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Retailers' Occupation Tax Act into
the McCormick Place | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Expansion Project Fund in the specified fiscal years. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
|
| |||||||||||||||||
Beginning July 20, 1993 and in each month of each fiscal | |||||||||||||||||
year thereafter,
one-eighth of the amount requested in the | |||||||||||||||||
certificate of the Chairman of
the Metropolitan Pier and | |||||||||||||||||
Exposition Authority for that fiscal year, less
the amount | |||||||||||||||||
deposited into the McCormick Place Expansion Project Fund by | |||||||||||||||||
the
State Treasurer in the respective month under subsection | |||||||||||||||||
(g) of Section 13
of the Metropolitan Pier and Exposition | |||||||||||||||||
Authority Act, plus cumulative
deficiencies in the deposits | |||||||||||||||||
required under this Section for previous
months and years, | |||||||||||||||||
shall be deposited into the McCormick Place Expansion
Project | |||||||||||||||||
Fund, until the full amount requested for the fiscal year, but | |||||||||||||||||
not
in excess of the amount specified above as "Total Deposit", | |||||||||||||||||
has been deposited. | |||||||||||||||||
Subject to payment of amounts into the Build Illinois Fund | |||||||||||||||||
and the
McCormick Place Expansion Project Fund pursuant to the | |||||||||||||||||
preceding paragraphs or
in any amendments thereto
hereafter | |||||||||||||||||
enacted,
beginning July 1, 1993 and ending on September 30, | |||||||||||||||||
2013, the Department shall each month pay into the Illinois
Tax | |||||||||||||||||
Increment Fund 0.27% of 80% of the net revenue realized for the | |||||||||||||||||
preceding
month from the 6.25% general rate on the selling | |||||||||||||||||
price of tangible personal
property. |
Subject to payment of amounts into the Build Illinois Fund | ||
and the
McCormick Place Expansion Project Fund pursuant to the | ||
preceding paragraphs or in any
amendments thereto hereafter | ||
enacted, beginning with the receipt of the first
report of | ||
taxes paid by an eligible business and continuing for a 25-year
| ||
period, the Department shall each month pay into the Energy | ||
Infrastructure
Fund 80% of the net revenue realized from the | ||
6.25% general rate on the
selling price of Illinois-mined coal | ||
that was sold to an eligible business.
For purposes of this | ||
paragraph, the term "eligible business" means a new
electric | ||
generating facility certified pursuant to Section 605-332 of | ||
the
Department of Commerce and
Economic Opportunity Law of the | ||
Civil Administrative
Code of Illinois. | ||
Subject to payment of amounts into the Build Illinois Fund, | ||
the McCormick Place Expansion Project Fund, the Illinois Tax | ||
Increment Fund, and the Energy Infrastructure Fund pursuant to | ||
the preceding paragraphs or in any amendments to this Section | ||
hereafter enacted, beginning on the first day of the first | ||
calendar month to occur on or after August 26, 2014 (the | ||
effective date of Public Act 98-1098), each month, from the | ||
collections made under Section 9 of the Use Tax Act, Section 9 | ||
of the Service Use Tax Act, Section 9 of the Service Occupation | ||
Tax Act, and Section 3 of the Retailers' Occupation Tax Act, | ||
the Department shall pay into the Tax Compliance and | ||
Administration Fund, to be used, subject to appropriation, to | ||
fund additional auditors and compliance personnel at the |
Department of Revenue, an amount equal to 1/12 of 5% of 80% of | ||
the cash receipts collected during the preceding fiscal year by | ||
the Audit Bureau of the Department under the Use Tax Act, the | ||
Service Use Tax Act, the Service Occupation Tax Act, the | ||
Retailers' Occupation Tax Act, and associated local occupation | ||
and use taxes administered by the Department. | ||
Of the remainder of the moneys received by the Department | ||
pursuant
to this Act, 75% thereof shall be paid into the State | ||
Treasury and 25%
shall be reserved in a special account and | ||
used only for the transfer to
the Common School Fund as part of | ||
the monthly transfer from the General
Revenue Fund in | ||
accordance with Section 8a of the State
Finance Act. | ||
As soon as possible after the first day of each month, upon | ||
certification
of the Department of Revenue, the Comptroller | ||
shall order transferred and
the Treasurer shall transfer from | ||
the General Revenue Fund to the Motor
Fuel Tax Fund an amount | ||
equal to 1.7% of 80% of the net revenue realized
under this Act | ||
for the second preceding month.
Beginning April 1, 2000, this | ||
transfer is no longer required
and shall not be made. | ||
Net revenue realized for a month shall be the revenue | ||
collected
by the State pursuant to this Act, less the amount | ||
paid out during that
month as refunds to taxpayers for | ||
overpayment of liability. | ||
For greater simplicity of administration, manufacturers, | ||
importers
and wholesalers whose products are sold at retail in | ||
Illinois by
numerous retailers, and who wish to do so, may |
assume the responsibility
for accounting and paying to the | ||
Department all tax accruing under this
Act with respect to such | ||
sales, if the retailers who are affected do not
make written | ||
objection to the Department to this arrangement. | ||
(Source: P.A. 99-352, eff. 8-12-15; 99-858, eff. 8-19-16; | ||
99-933, eff. 1-27-17; 100-303, eff. 8-24-17.) | ||
(Text of Section after amendment by P.A. 100-363 )
| ||
Sec. 9. Except as to motor vehicles, watercraft, aircraft, | ||
and
trailers that are required to be registered with an agency | ||
of this State,
each retailer
required or authorized to collect | ||
the tax imposed by this Act shall pay
to the Department the | ||
amount of such tax (except as otherwise provided)
at the time | ||
when he is required to file his return for the period during
| ||
which such tax was collected, less a discount of 2.1% prior to
| ||
January 1, 1990, and 1.75% on and after January 1, 1990, or $5 | ||
per calendar
year, whichever is greater, which is allowed to | ||
reimburse the retailer
for expenses incurred in collecting the | ||
tax, keeping records, preparing
and filing returns, remitting | ||
the tax and supplying data to the
Department on request. In the | ||
case of retailers who report and pay the
tax on a transaction | ||
by transaction basis, as provided in this Section,
such | ||
discount shall be taken with each such tax remittance instead | ||
of
when such retailer files his periodic return. The discount | ||
allowed under this Section is allowed only for returns that are | ||
filed in the manner required by this Act. The Department may |
disallow the discount for retailers whose certificate of | ||
registration is revoked at the time the return is filed, but | ||
only if the Department's decision to revoke the certificate of | ||
registration has become final. A retailer need not remit
that | ||
part of any tax collected by him to the extent that he is | ||
required
to remit and does remit the tax imposed by the | ||
Retailers' Occupation
Tax Act, with respect to the sale of the | ||
same property. | ||
Where such tangible personal property is sold under a | ||
conditional
sales contract, or under any other form of sale | ||
wherein the payment of
the principal sum, or a part thereof, is | ||
extended beyond the close of
the period for which the return is | ||
filed, the retailer, in collecting
the tax (except as to motor | ||
vehicles, watercraft, aircraft, and
trailers that are required | ||
to be registered with an agency of this State),
may collect for | ||
each
tax return period, only the tax applicable to that part of | ||
the selling
price actually received during such tax return | ||
period. | ||
Except as provided in this Section, on or before the | ||
twentieth day of each
calendar month, such retailer shall file | ||
a return for the preceding
calendar month. Such return shall be | ||
filed on forms prescribed by the
Department and shall furnish | ||
such information as the Department may
reasonably require. On | ||
and after January 1, 2018, except for returns for motor | ||
vehicles, watercraft, aircraft, and trailers that are required | ||
to be registered with an agency of this State, with respect to |
retailers whose annual gross receipts average $20,000 or more, | ||
all returns required to be filed pursuant to this Act shall be | ||
filed electronically. Retailers who demonstrate that they do | ||
not have access to the Internet or demonstrate hardship in | ||
filing electronically may petition the Department to waive the | ||
electronic filing requirement. | ||
The Department may require returns to be filed on a | ||
quarterly basis.
If so required, a return for each calendar | ||
quarter shall be filed on or
before the twentieth day of the | ||
calendar month following the end of such
calendar quarter. The | ||
taxpayer shall also file a return with the
Department for each | ||
of the first two months of each calendar quarter, on or
before | ||
the twentieth day of the following calendar month, stating: | ||
1. The name of the seller; | ||
2. The address of the principal place of business from | ||
which he engages
in the business of selling tangible | ||
personal property at retail in this State; | ||
3. The total amount of taxable receipts received by him | ||
during the
preceding calendar month from sales of tangible | ||
personal property by him
during such preceding calendar | ||
month, including receipts from charge and
time sales, but | ||
less all deductions allowed by law; | ||
4. The amount of credit provided in Section 2d of this | ||
Act; | ||
5. The amount of tax due; | ||
5-5. The signature of the taxpayer; and |
6. Such other reasonable information as the Department | ||
may
require. | ||
If a taxpayer fails to sign a return within 30 days after | ||
the proper notice
and demand for signature by the Department, | ||
the return shall be considered
valid and any amount shown to be | ||
due on the return shall be deemed assessed. | ||
Beginning October 1, 1993, a taxpayer who has an average | ||
monthly tax
liability of $150,000 or more shall make all | ||
payments required by rules of the
Department by electronic | ||
funds transfer. Beginning October 1, 1994, a taxpayer
who has | ||
an average monthly tax liability of $100,000 or more shall make | ||
all
payments required by rules of the Department by electronic | ||
funds transfer.
Beginning October 1, 1995, a taxpayer who has | ||
an average monthly tax liability
of $50,000 or more shall make | ||
all payments required by rules of the Department
by electronic | ||
funds transfer. Beginning October 1, 2000, a taxpayer who has
| ||
an annual tax liability of $200,000 or more shall make all | ||
payments required by
rules of the Department by electronic | ||
funds transfer. The term "annual tax
liability" shall be the | ||
sum of the taxpayer's liabilities under this Act, and
under all | ||
other State and local occupation and use tax laws administered | ||
by the
Department, for the immediately preceding calendar year. | ||
The term "average
monthly tax liability" means
the sum of the | ||
taxpayer's liabilities under this Act, and under all other | ||
State
and local occupation and use tax laws administered by the | ||
Department, for the
immediately preceding calendar year |
divided by 12.
Beginning on October 1, 2002, a taxpayer who has | ||
a tax liability in the
amount set forth in subsection (b) of | ||
Section 2505-210 of the Department of
Revenue Law shall make | ||
all payments required by rules of the Department by
electronic | ||
funds transfer. | ||
Before August 1 of each year beginning in 1993, the | ||
Department shall notify
all taxpayers required to make payments | ||
by electronic funds transfer. All
taxpayers required to make | ||
payments by electronic funds transfer shall make
those payments | ||
for a minimum of one year beginning on October 1. | ||
Any taxpayer not required to make payments by electronic | ||
funds transfer may
make payments by electronic funds transfer | ||
with the permission of the
Department. | ||
All taxpayers required to make payment by electronic funds | ||
transfer and any
taxpayers authorized to voluntarily make | ||
payments by electronic funds transfer
shall make those payments | ||
in the manner authorized by the Department. | ||
The Department shall adopt such rules as are necessary to | ||
effectuate a
program of electronic funds transfer and the | ||
requirements of this Section. | ||
Before October 1, 2000, if the taxpayer's average monthly | ||
tax liability
to the Department
under this Act, the Retailers' | ||
Occupation Tax Act, the Service
Occupation Tax Act, the Service | ||
Use Tax Act was $10,000 or more
during
the preceding 4 complete | ||
calendar quarters, he shall file a return with the
Department | ||
each month by the 20th day of the month next following the |
month
during which such tax liability is incurred and shall | ||
make payments to the
Department on or before the 7th, 15th, | ||
22nd and last day of the month
during which such liability is | ||
incurred.
On and after October 1, 2000, if the taxpayer's | ||
average monthly tax liability
to the Department under this Act, | ||
the Retailers' Occupation Tax Act,
the
Service Occupation Tax | ||
Act, and the Service Use Tax Act was $20,000 or more
during the | ||
preceding 4 complete calendar quarters, he shall file a return | ||
with
the Department each month by the 20th day of the month | ||
next following the month
during which such tax liability is | ||
incurred and shall make payment to the
Department on or before | ||
the 7th, 15th, 22nd and last day of the
month during
which such | ||
liability is incurred.
If the month during which such tax
| ||
liability is incurred began prior to January 1, 1985, each | ||
payment shall be
in an amount equal to 1/4 of the taxpayer's
| ||
actual liability for the month or an amount set by the | ||
Department not to
exceed 1/4 of the average monthly liability | ||
of the taxpayer to the
Department for the preceding 4 complete | ||
calendar quarters (excluding the
month of highest liability and | ||
the month of lowest liability in such 4
quarter period). If the | ||
month during which such tax liability is incurred
begins on or | ||
after January 1, 1985, and prior to January 1, 1987, each
| ||
payment shall be in an amount equal to 22.5% of the taxpayer's | ||
actual liability
for the month or 27.5% of the taxpayer's | ||
liability for the same calendar
month of the preceding year. If | ||
the month during which such tax liability
is incurred begins on |
or after January 1, 1987, and prior to January 1,
1988, each | ||
payment shall be in an amount equal to 22.5% of the taxpayer's
| ||
actual liability for the month or 26.25% of the taxpayer's | ||
liability for
the same calendar month of the preceding year. If | ||
the month during which such
tax liability is incurred begins on | ||
or after January 1, 1988, and prior to
January 1, 1989,
or | ||
begins on or after January 1, 1996, each payment shall be in an | ||
amount equal
to 22.5% of the taxpayer's actual liability for | ||
the month or 25% of the
taxpayer's liability for the same | ||
calendar month of the preceding year. If the
month during which | ||
such tax liability is incurred begins on or after January 1,
| ||
1989,
and prior to January 1, 1996, each payment shall be in an | ||
amount equal to 22.5%
of the taxpayer's actual liability for | ||
the month or 25% of the taxpayer's
liability for the same | ||
calendar month of the preceding year or 100% of the
taxpayer's | ||
actual liability for the quarter monthly reporting period. The
| ||
amount of such quarter monthly payments shall be credited | ||
against the final tax
liability
of the taxpayer's return for | ||
that month. Before October 1, 2000, once
applicable, the | ||
requirement
of the making of quarter monthly payments to the | ||
Department shall continue
until such taxpayer's average | ||
monthly liability to the Department during
the preceding 4 | ||
complete calendar quarters (excluding the month of highest
| ||
liability and the month of lowest liability) is less than
| ||
$9,000, or until
such taxpayer's average monthly liability to | ||
the Department as computed for
each calendar quarter of the 4 |
preceding complete calendar quarter period
is less than | ||
$10,000. However, if a taxpayer can show the
Department that
a | ||
substantial change in the taxpayer's business has occurred | ||
which causes
the taxpayer to anticipate that his average | ||
monthly tax liability for the
reasonably foreseeable future | ||
will fall below the $10,000 threshold
stated above, then
such | ||
taxpayer
may petition the Department for change in such | ||
taxpayer's reporting status.
On and after October 1, 2000, once | ||
applicable, the requirement of the making
of quarter monthly | ||
payments to the Department shall continue until such
taxpayer's | ||
average monthly liability to the Department during the | ||
preceding 4
complete calendar quarters (excluding the month of | ||
highest liability and the
month of lowest liability) is less | ||
than $19,000 or until such taxpayer's
average monthly liability | ||
to the Department as computed for each calendar
quarter of the | ||
4 preceding complete calendar quarter period is less than
| ||
$20,000. However, if a taxpayer can show the Department that a | ||
substantial
change in the taxpayer's business has occurred | ||
which causes the taxpayer to
anticipate that his average | ||
monthly tax liability for the reasonably
foreseeable future | ||
will fall below the $20,000 threshold stated above, then
such | ||
taxpayer may petition the Department for a change in such | ||
taxpayer's
reporting status.
The Department shall change such | ||
taxpayer's reporting status unless it
finds that such change is | ||
seasonal in nature and not likely to be long
term. If any such | ||
quarter monthly payment is not paid at the time or in
the |
amount required by this Section, then the taxpayer shall be | ||
liable for
penalties and interest on
the difference between the | ||
minimum amount due and the amount of such
quarter monthly | ||
payment actually and timely paid, except insofar as the
| ||
taxpayer has previously made payments for that month to the | ||
Department in
excess of the minimum payments previously due as | ||
provided in this Section.
The Department shall make reasonable | ||
rules and regulations to govern the
quarter monthly payment | ||
amount and quarter monthly payment dates for
taxpayers who file | ||
on other than a calendar monthly basis. | ||
If any such payment provided for in this Section exceeds | ||
the taxpayer's
liabilities under this Act, the Retailers' | ||
Occupation Tax Act, the Service
Occupation Tax Act and the | ||
Service Use Tax Act, as shown by an original
monthly return, | ||
the Department shall issue to the taxpayer a credit
memorandum | ||
no later than 30 days after the date of payment, which
| ||
memorandum may be submitted by the taxpayer to the Department | ||
in payment of
tax liability subsequently to be remitted by the | ||
taxpayer to the Department
or be assigned by the taxpayer to a | ||
similar taxpayer under this Act, the
Retailers' Occupation Tax | ||
Act, the Service Occupation Tax Act or the
Service Use Tax Act, | ||
in accordance with reasonable rules and regulations to
be | ||
prescribed by the Department, except that if such excess | ||
payment is
shown on an original monthly return and is made | ||
after December 31, 1986, no
credit memorandum shall be issued, | ||
unless requested by the taxpayer. If no
such request is made, |
the taxpayer may credit such excess payment against
tax | ||
liability subsequently to be remitted by the taxpayer to the | ||
Department
under this Act, the Retailers' Occupation Tax Act, | ||
the Service Occupation
Tax Act or the Service Use Tax Act, in | ||
accordance with reasonable rules and
regulations prescribed by | ||
the Department. If the Department subsequently
determines that | ||
all or any part of the credit taken was not actually due to
the | ||
taxpayer, the taxpayer's 2.1% or 1.75% vendor's discount shall | ||
be
reduced by 2.1% or 1.75% of the difference between the | ||
credit taken and
that actually due, and the taxpayer shall be | ||
liable for penalties and
interest on such difference. | ||
If the retailer is otherwise required to file a monthly | ||
return and if the
retailer's average monthly tax liability to | ||
the Department
does not exceed $200, the Department may | ||
authorize his returns to be
filed on a quarter annual basis, | ||
with the return for January, February,
and March of a given | ||
year being due by April 20 of such year; with the
return for | ||
April, May and June of a given year being due by July 20 of
such | ||
year; with the return for July, August and September of a given
| ||
year being due by October 20 of such year, and with the return | ||
for
October, November and December of a given year being due by | ||
January 20
of the following year. | ||
If the retailer is otherwise required to file a monthly or | ||
quarterly
return and if the retailer's average monthly tax | ||
liability to the
Department does not exceed $50, the Department | ||
may authorize his returns to
be filed on an annual basis, with |
the return for a given year being due by
January 20 of the | ||
following year. | ||
Such quarter annual and annual returns, as to form and | ||
substance,
shall be subject to the same requirements as monthly | ||
returns. | ||
Notwithstanding any other provision in this Act concerning | ||
the time
within which a retailer may file his return, in the | ||
case of any retailer
who ceases to engage in a kind of business | ||
which makes him responsible
for filing returns under this Act, | ||
such retailer shall file a final
return under this Act with the | ||
Department not more than one month after
discontinuing such | ||
business. | ||
In addition, with respect to motor vehicles, watercraft,
| ||
aircraft, and trailers that are required to be registered with | ||
an agency of
this State, every
retailer selling this kind of | ||
tangible personal property shall file,
with the Department, | ||
upon a form to be prescribed and supplied by the
Department, a | ||
separate return for each such item of tangible personal
| ||
property which the retailer sells, except that if, in the same
| ||
transaction, (i) a retailer of aircraft, watercraft, motor | ||
vehicles or
trailers transfers more than
one aircraft, | ||
watercraft, motor
vehicle or trailer to another aircraft, | ||
watercraft, motor vehicle or
trailer retailer for the purpose | ||
of resale
or (ii) a retailer of aircraft, watercraft, motor | ||
vehicles, or trailers
transfers more than one aircraft, | ||
watercraft, motor vehicle, or trailer to a
purchaser for use as |
a qualifying rolling stock as provided in Section 3-55 of
this | ||
Act, then
that seller may report the transfer of all the
| ||
aircraft, watercraft, motor
vehicles
or trailers involved in | ||
that transaction to the Department on the same
uniform
| ||
invoice-transaction reporting return form.
For purposes of | ||
this Section, "watercraft" means a Class 2, Class 3, or
Class
4 | ||
watercraft as defined in Section 3-2 of the Boat Registration | ||
and Safety Act,
a
personal watercraft, or any boat equipped | ||
with an inboard motor. | ||
The transaction reporting return in the case of motor | ||
vehicles
or trailers that are required to be registered with an | ||
agency of this
State, shall
be the same document as the Uniform | ||
Invoice referred to in Section 5-402
of the Illinois Vehicle | ||
Code and must show the name and address of the
seller; the name | ||
and address of the purchaser; the amount of the selling
price | ||
including the amount allowed by the retailer for traded-in
| ||
property, if any; the amount allowed by the retailer for the | ||
traded-in
tangible personal property, if any, to the extent to | ||
which Section 2 of
this Act allows an exemption for the value | ||
of traded-in property; the
balance payable after deducting such | ||
trade-in allowance from the total
selling price; the amount of | ||
tax due from the retailer with respect to
such transaction; the | ||
amount of tax collected from the purchaser by the
retailer on | ||
such transaction (or satisfactory evidence that such tax is
not | ||
due in that particular instance, if that is claimed to be the | ||
fact);
the place and date of the sale; a sufficient |
identification of the
property sold; such other information as | ||
is required in Section 5-402 of
the Illinois Vehicle Code, and | ||
such other information as the Department
may reasonably | ||
require. | ||
The transaction reporting return in the case of watercraft
| ||
and aircraft must show
the name and address of the seller; the | ||
name and address of the
purchaser; the amount of the selling | ||
price including the amount allowed
by the retailer for | ||
traded-in property, if any; the amount allowed by
the retailer | ||
for the traded-in tangible personal property, if any, to
the | ||
extent to which Section 2 of this Act allows an exemption for | ||
the
value of traded-in property; the balance payable after | ||
deducting such
trade-in allowance from the total selling price; | ||
the amount of tax due
from the retailer with respect to such | ||
transaction; the amount of tax
collected from the purchaser by | ||
the retailer on such transaction (or
satisfactory evidence that | ||
such tax is not due in that particular
instance, if that is | ||
claimed to be the fact); the place and date of the
sale, a | ||
sufficient identification of the property sold, and such other
| ||
information as the Department may reasonably require. | ||
Such transaction reporting return shall be filed not later | ||
than 20
days after the date of delivery of the item that is | ||
being sold, but may
be filed by the retailer at any time sooner | ||
than that if he chooses to
do so. The transaction reporting | ||
return and tax remittance or proof of
exemption from the tax | ||
that is imposed by this Act may be transmitted to
the |
Department by way of the State agency with which, or State | ||
officer
with whom, the tangible personal property must be | ||
titled or registered
(if titling or registration is required) | ||
if the Department and such
agency or State officer determine | ||
that this procedure will expedite the
processing of | ||
applications for title or registration. | ||
With each such transaction reporting return, the retailer | ||
shall remit
the proper amount of tax due (or shall submit | ||
satisfactory evidence that
the sale is not taxable if that is | ||
the case), to the Department or its
agents, whereupon the | ||
Department shall issue, in the purchaser's name, a
tax receipt | ||
(or a certificate of exemption if the Department is
satisfied | ||
that the particular sale is tax exempt) which such purchaser
| ||
may submit to the agency with which, or State officer with | ||
whom, he must
title or register the tangible personal property | ||
that is involved (if
titling or registration is required) in | ||
support of such purchaser's
application for an Illinois | ||
certificate or other evidence of title or
registration to such | ||
tangible personal property. | ||
No retailer's failure or refusal to remit tax under this | ||
Act
precludes a user, who has paid the proper tax to the | ||
retailer, from
obtaining his certificate of title or other | ||
evidence of title or
registration (if titling or registration | ||
is required) upon satisfying
the Department that such user has | ||
paid the proper tax (if tax is due) to
the retailer. The | ||
Department shall adopt appropriate rules to carry out
the |
mandate of this paragraph. | ||
If the user who would otherwise pay tax to the retailer | ||
wants the
transaction reporting return filed and the payment of | ||
tax or proof of
exemption made to the Department before the | ||
retailer is willing to take
these actions and such user has not | ||
paid the tax to the retailer, such
user may certify to the fact | ||
of such delay by the retailer, and may
(upon the Department | ||
being satisfied of the truth of such certification)
transmit | ||
the information required by the transaction reporting return
| ||
and the remittance for tax or proof of exemption directly to | ||
the
Department and obtain his tax receipt or exemption | ||
determination, in
which event the transaction reporting return | ||
and tax remittance (if a
tax payment was required) shall be | ||
credited by the Department to the
proper retailer's account | ||
with the Department, but without the 2.1% or 1.75%
discount | ||
provided for in this Section being allowed. When the user pays
| ||
the tax directly to the Department, he shall pay the tax in the | ||
same
amount and in the same form in which it would be remitted | ||
if the tax had
been remitted to the Department by the retailer. | ||
Where a retailer collects the tax with respect to the | ||
selling price
of tangible personal property which he sells and | ||
the purchaser
thereafter returns such tangible personal | ||
property and the retailer
refunds the selling price thereof to | ||
the purchaser, such retailer shall
also refund, to the | ||
purchaser, the tax so collected from the purchaser.
When filing | ||
his return for the period in which he refunds such tax to
the |
purchaser, the retailer may deduct the amount of the tax so | ||
refunded
by him to the purchaser from any other use tax which | ||
such retailer may
be required to pay or remit to the | ||
Department, as shown by such return,
if the amount of the tax | ||
to be deducted was previously remitted to the
Department by | ||
such retailer. If the retailer has not previously
remitted the | ||
amount of such tax to the Department, he is entitled to no
| ||
deduction under this Act upon refunding such tax to the | ||
purchaser. | ||
Any retailer filing a return under this Section shall also | ||
include
(for the purpose of paying tax thereon) the total tax | ||
covered by such
return upon the selling price of tangible | ||
personal property purchased by
him at retail from a retailer, | ||
but as to which the tax imposed by this
Act was not collected | ||
from the retailer filing such return, and such
retailer shall | ||
remit the amount of such tax to the Department when
filing such | ||
return. | ||
If experience indicates such action to be practicable, the | ||
Department
may prescribe and furnish a combination or joint | ||
return which will
enable retailers, who are required to file | ||
returns hereunder and also
under the Retailers' Occupation Tax | ||
Act, to furnish all the return
information required by both | ||
Acts on the one form. | ||
Where the retailer has more than one business registered | ||
with the
Department under separate registration under this Act, | ||
such retailer may
not file each return that is due as a single |
return covering all such
registered businesses, but shall file | ||
separate returns for each such
registered business. | ||
Beginning January 1, 1990, each month the Department shall | ||
pay into the
State and Local Sales Tax Reform Fund, a special | ||
fund in the State Treasury
which is hereby created, the net | ||
revenue realized for the preceding month
from the 1% tax on | ||
sales of food for human consumption which is to be
consumed off | ||
the premises where it is sold (other than alcoholic beverages,
| ||
soft drinks and food which has been prepared for immediate | ||
consumption) and
prescription and nonprescription medicines, | ||
drugs, medical appliances, products classified as Class III | ||
medical devices by the United States Food and Drug | ||
Administration that are used for cancer treatment pursuant to a | ||
prescription, as well as any accessories and components related | ||
to those devices, and
insulin, urine testing materials, | ||
syringes and needles used by diabetics. | ||
Beginning January 1, 1990, each month the Department shall | ||
pay into
the County and Mass Transit District Fund 4% of the | ||
net revenue realized
for the preceding month from the 6.25% | ||
general rate
on the selling price of tangible personal property | ||
which is purchased
outside Illinois at retail from a retailer | ||
and which is titled or
registered by an agency of this State's | ||
government. | ||
Beginning January 1, 1990, each month the Department shall | ||
pay into
the State and Local Sales Tax Reform Fund, a special | ||
fund in the State
Treasury, 20% of the net revenue realized
for |
the preceding month from the 6.25% general rate on the selling
| ||
price of tangible personal property, other than tangible | ||
personal property
which is purchased outside Illinois at retail | ||
from a retailer and which is
titled or registered by an agency | ||
of this State's government. | ||
Beginning August 1, 2000, each
month the Department shall | ||
pay into the
State and Local Sales Tax Reform Fund 100% of the | ||
net revenue realized for the
preceding month from the 1.25% | ||
rate on the selling price of motor fuel and
gasohol. Beginning | ||
September 1, 2010, each
month the Department shall pay into the
| ||
State and Local Sales Tax Reform Fund 100% of the net revenue | ||
realized for the
preceding month from the 1.25% rate on the | ||
selling price of sales tax holiday items. | ||
Beginning January 1, 1990, each month the Department shall | ||
pay into
the Local Government Tax Fund 16% of the net revenue | ||
realized for the
preceding month from the 6.25% general rate on | ||
the selling price of
tangible personal property which is | ||
purchased outside Illinois at retail
from a retailer and which | ||
is titled or registered by an agency of this
State's | ||
government. | ||
Beginning October 1, 2009, each month the Department shall | ||
pay into the Capital Projects Fund an amount that is equal to | ||
an amount estimated by the Department to represent 80% of the | ||
net revenue realized for the preceding month from the sale of | ||
candy, grooming and hygiene products, and soft drinks that had | ||
been taxed at a rate of 1% prior to September 1, 2009 but that |
are now taxed at 6.25%. | ||
Beginning July 1, 2011, each
month the Department shall pay | ||
into the Clean Air Act Permit Fund 80% of the net revenue | ||
realized for the
preceding month from the 6.25% general rate on | ||
the selling price of sorbents used in Illinois in the process | ||
of sorbent injection as used to comply with the Environmental | ||
Protection Act or the federal Clean Air Act, but the total | ||
payment into the Clean Air Act Permit Fund under this Act and | ||
the Retailers' Occupation Tax Act shall not exceed $2,000,000 | ||
in any fiscal year. | ||
Beginning July 1, 2013, each month the Department shall pay | ||
into the Underground Storage Tank Fund from the proceeds | ||
collected under this Act, the Service Use Tax Act, the Service | ||
Occupation Tax Act, and the Retailers' Occupation Tax Act an | ||
amount equal to the average monthly deficit in the Underground | ||
Storage Tank Fund during the prior year, as certified annually | ||
by the Illinois Environmental Protection Agency, but the total | ||
payment into the Underground Storage Tank Fund under this Act, | ||
the Service Use Tax Act, the Service Occupation Tax Act, and | ||
the Retailers' Occupation Tax Act shall not exceed $18,000,000 | ||
in any State fiscal year. As used in this paragraph, the | ||
"average monthly deficit" shall be equal to the difference | ||
between the average monthly claims for payment by the fund and | ||
the average monthly revenues deposited into the fund, excluding | ||
payments made pursuant to this paragraph. | ||
Beginning July 1, 2015, of the remainder of the moneys |
received by the Department under this Act, the Service Use Tax | ||
Act, the Service Occupation Tax Act, and the Retailers' | ||
Occupation Tax Act, each month the Department shall deposit | ||
$500,000 into the State Crime Laboratory Fund. | ||
Of the remainder of the moneys received by the Department | ||
pursuant to
this Act, (a) 1.75% thereof shall be paid
into the | ||
Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and
on | ||
and after July 1, 1989, 3.8% thereof shall be paid into the
| ||
Build Illinois Fund; provided, however, that if in any fiscal | ||
year the
sum of (1) the aggregate of 2.2% or 3.8%, as the case | ||
may be, of the
moneys received by the Department and required | ||
to be paid into the Build
Illinois Fund pursuant to Section 3 | ||
of the Retailers' Occupation Tax Act,
Section 9 of the Use Tax | ||
Act, Section 9 of the Service Use
Tax Act, and Section 9 of the | ||
Service Occupation Tax Act, such Acts being
hereinafter called | ||
the "Tax Acts" and such aggregate of 2.2% or 3.8%, as
the case | ||
may be, of moneys being hereinafter called the "Tax Act | ||
Amount",
and (2) the amount transferred to the Build Illinois | ||
Fund from the State
and Local Sales Tax Reform Fund shall be | ||
less than the Annual Specified
Amount (as defined in Section 3 | ||
of the Retailers' Occupation Tax Act), an
amount equal to the | ||
difference shall be immediately paid into the Build
Illinois | ||
Fund from other moneys received by the Department pursuant to | ||
the
Tax Acts; and further provided, that if on the last | ||
business day of any
month the sum of (1) the Tax Act Amount | ||
required to be deposited into the
Build Illinois Bond Account |
in the Build Illinois Fund during such month
and (2) the amount | ||
transferred during such month to the Build Illinois Fund
from | ||
the State and Local Sales Tax Reform Fund shall have been less | ||
than
1/12 of the Annual Specified Amount, an amount equal to | ||
the difference
shall be immediately paid into the Build | ||
Illinois Fund from other moneys
received by the Department | ||
pursuant to the Tax Acts; and,
further provided, that in no | ||
event shall the payments required under the
preceding proviso | ||
result in aggregate payments into the Build Illinois Fund
| ||
pursuant to this clause (b) for any fiscal year in excess of | ||
the greater
of (i) the Tax Act Amount or (ii) the Annual | ||
Specified Amount for such
fiscal year; and, further provided, | ||
that the amounts payable into the Build
Illinois Fund under | ||
this clause (b) shall be payable only until such time
as the | ||
aggregate amount on deposit under each trust
indenture securing | ||
Bonds issued and outstanding pursuant to the Build
Illinois | ||
Bond Act is sufficient, taking into account any future | ||
investment
income, to fully provide, in accordance with such | ||
indenture, for the
defeasance of or the payment of the | ||
principal of, premium, if any, and
interest on the Bonds | ||
secured by such indenture and on any Bonds expected
to be | ||
issued thereafter and all fees and costs payable with respect | ||
thereto,
all as certified by the Director of the
Bureau of the | ||
Budget (now Governor's Office of Management and Budget). If
on | ||
the last
business day of any month in which Bonds are | ||
outstanding pursuant to the
Build Illinois Bond Act, the |
aggregate of the moneys deposited
in the Build Illinois Bond | ||
Account in the Build Illinois Fund in such month
shall be less | ||
than the amount required to be transferred in such month from
| ||
the Build Illinois Bond Account to the Build Illinois Bond | ||
Retirement and
Interest Fund pursuant to Section 13 of the | ||
Build Illinois Bond Act, an
amount equal to such deficiency | ||
shall be immediately paid
from other moneys received by the | ||
Department pursuant to the Tax Acts
to the Build Illinois Fund; | ||
provided, however, that any amounts paid to the
Build Illinois | ||
Fund in any fiscal year pursuant to this sentence shall be
| ||
deemed to constitute payments pursuant to clause (b) of the | ||
preceding
sentence and shall reduce the amount otherwise | ||
payable for such fiscal year
pursuant to clause (b) of the | ||
preceding sentence. The moneys received by
the Department | ||
pursuant to this Act and required to be deposited into the
| ||
Build Illinois Fund are subject to the pledge, claim and charge | ||
set forth
in Section 12 of the Build Illinois Bond Act. | ||
Subject to payment of amounts into the Build Illinois Fund | ||
as provided in
the preceding paragraph or in any amendment | ||
thereto hereafter enacted, the
following specified monthly | ||
installment of the amount requested in the
certificate of the | ||
Chairman of the Metropolitan Pier and Exposition
Authority | ||
provided under Section 8.25f of the State Finance Act, but not | ||
in
excess of the sums designated as "Total Deposit", shall be
| ||
deposited in the aggregate from collections under Section 9 of | ||
the Use Tax
Act, Section 9 of the Service Use Tax Act, Section |
9 of the Service
Occupation Tax Act, and Section 3 of the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Retailers' Occupation Tax Act into
the McCormick Place | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Expansion Project Fund in the specified fiscal years. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
|
Beginning July 20, 1993 and in each month of each fiscal | ||
year thereafter,
one-eighth of the amount requested in the | ||
certificate of the Chairman of
the Metropolitan Pier and | ||
Exposition Authority for that fiscal year, less
the amount | ||
deposited into the McCormick Place Expansion Project Fund by | ||
the
State Treasurer in the respective month under subsection | ||
(g) of Section 13
of the Metropolitan Pier and Exposition | ||
Authority Act, plus cumulative
deficiencies in the deposits | ||
required under this Section for previous
months and years, | ||
shall be deposited into the McCormick Place Expansion
Project | ||
Fund, until the full amount requested for the fiscal year, but | ||
not
in excess of the amount specified above as "Total Deposit", | ||
has been deposited. | ||
Subject to payment of amounts into the Build Illinois Fund | ||
and the
McCormick Place Expansion Project Fund pursuant to the | ||
preceding paragraphs or
in any amendments thereto
hereafter | ||
enacted,
beginning July 1, 1993 and ending on September 30, | ||
2013, the Department shall each month pay into the Illinois
Tax | ||
Increment Fund 0.27% of 80% of the net revenue realized for the | ||
preceding
month from the 6.25% general rate on the selling | ||
price of tangible personal
property. | ||
Subject to payment of amounts into the Build Illinois Fund | ||
and the
McCormick Place Expansion Project Fund pursuant to the | ||
preceding paragraphs or in any
amendments thereto hereafter | ||
enacted, beginning with the receipt of the first
report of | ||
taxes paid by an eligible business and continuing for a 25-year
|
period, the Department shall each month pay into the Energy | ||
Infrastructure
Fund 80% of the net revenue realized from the | ||
6.25% general rate on the
selling price of Illinois-mined coal | ||
that was sold to an eligible business.
For purposes of this | ||
paragraph, the term "eligible business" means a new
electric | ||
generating facility certified pursuant to Section 605-332 of | ||
the
Department of Commerce and
Economic Opportunity Law of the | ||
Civil Administrative
Code of Illinois. | ||
Subject to payment of amounts into the Build Illinois Fund, | ||
the McCormick Place Expansion Project Fund, the Illinois Tax | ||
Increment Fund, and the Energy Infrastructure Fund pursuant to | ||
the preceding paragraphs or in any amendments to this Section | ||
hereafter enacted, beginning on the first day of the first | ||
calendar month to occur on or after August 26, 2014 (the | ||
effective date of Public Act 98-1098), each month, from the | ||
collections made under Section 9 of the Use Tax Act, Section 9 | ||
of the Service Use Tax Act, Section 9 of the Service Occupation | ||
Tax Act, and Section 3 of the Retailers' Occupation Tax Act, | ||
the Department shall pay into the Tax Compliance and | ||
Administration Fund, to be used, subject to appropriation, to | ||
fund additional auditors and compliance personnel at the | ||
Department of Revenue, an amount equal to 1/12 of 5% of 80% of | ||
the cash receipts collected during the preceding fiscal year by | ||
the Audit Bureau of the Department under the Use Tax Act, the | ||
Service Use Tax Act, the Service Occupation Tax Act, the | ||
Retailers' Occupation Tax Act, and associated local occupation |
and use taxes administered by the Department. | ||
Subject to payments of amounts into the Build Illinois | ||
Fund, the McCormick Place Expansion Project Fund, the Illinois | ||
Tax Increment Fund, the Energy Infrastructure Fund, and the Tax | ||
Compliance and Administration Fund as provided in this Section, | ||
beginning on July 1, 2018 the Department shall pay each month | ||
into the Downstate Public Transportation Fund the moneys | ||
required to be so paid under Section 2-3 of the Downstate | ||
Public Transportation Act. | ||
Of the remainder of the moneys received by the Department | ||
pursuant
to this Act, 75% thereof shall be paid into the State | ||
Treasury and 25%
shall be reserved in a special account and | ||
used only for the transfer to
the Common School Fund as part of | ||
the monthly transfer from the General
Revenue Fund in | ||
accordance with Section 8a of the State
Finance Act. | ||
As soon as possible after the first day of each month, upon | ||
certification
of the Department of Revenue, the Comptroller | ||
shall order transferred and
the Treasurer shall transfer from | ||
the General Revenue Fund to the Motor
Fuel Tax Fund an amount | ||
equal to 1.7% of 80% of the net revenue realized
under this Act | ||
for the second preceding month.
Beginning April 1, 2000, this | ||
transfer is no longer required
and shall not be made. | ||
Net revenue realized for a month shall be the revenue | ||
collected
by the State pursuant to this Act, less the amount | ||
paid out during that
month as refunds to taxpayers for | ||
overpayment of liability. |
For greater simplicity of administration, manufacturers, | ||
importers
and wholesalers whose products are sold at retail in | ||
Illinois by
numerous retailers, and who wish to do so, may | ||
assume the responsibility
for accounting and paying to the | ||
Department all tax accruing under this
Act with respect to such | ||
sales, if the retailers who are affected do not
make written | ||
objection to the Department to this arrangement. | ||
(Source: P.A. 99-352, eff. 8-12-15; 99-858, eff. 8-19-16; | ||
99-933, eff. 1-27-17; 100-303, eff. 8-24-17; 100-363, eff. | ||
7-1-18; revised 10-20-17.) | ||
Section 205. The Service Use Tax Act is amended by changing | ||
Sections 2 and 9 as follows:
| ||
(35 ILCS 110/2) (from Ch. 120, par. 439.32)
| ||
Sec. 2. Definitions. In this Act: | ||
"Use" means the exercise by any person of any right or | ||
power
over tangible personal property incident to the ownership | ||
of that
property, but does not include the sale or use for | ||
demonstration by him
of that property in any form as tangible | ||
personal property in the
regular course of business.
"Use" does | ||
not mean the interim
use of
tangible personal property nor the | ||
physical incorporation of tangible
personal property, as an | ||
ingredient or constituent, into other tangible
personal | ||
property, (a) which is sold in the regular course of business
| ||
or (b) which the person incorporating such ingredient or |
constituent
therein has undertaken at the time of such purchase | ||
to cause to be
transported in interstate commerce to | ||
destinations outside the State of
Illinois.
| ||
"Purchased from a serviceman" means the acquisition of the | ||
ownership
of, or title to, tangible personal property through a | ||
sale of service.
| ||
"Purchaser" means any person who, through a sale of | ||
service, acquires
the ownership of, or title to, any tangible | ||
personal property.
| ||
"Cost price" means the consideration paid by the serviceman | ||
for a
purchase valued in money, whether paid in money or | ||
otherwise, including
cash, credits and services, and shall be | ||
determined without any
deduction on account of the supplier's | ||
cost of the property sold or on
account of any other expense | ||
incurred by the supplier. When a serviceman
contracts out part | ||
or all of the services required in his sale of service,
it | ||
shall be presumed that the cost price to the serviceman of the | ||
property
transferred to him or her by his or her subcontractor | ||
is equal to 50% of
the subcontractor's charges to the | ||
serviceman in the absence of proof of
the consideration paid by | ||
the subcontractor for the purchase of such property.
| ||
"Selling price" means the consideration for a sale valued | ||
in money
whether received in money or otherwise, including | ||
cash, credits and
service, and shall be determined without any | ||
deduction on account of the
serviceman's cost of the property | ||
sold, the cost of materials used,
labor or service cost or any |
other expense whatsoever, but does not
include interest or | ||
finance charges which appear as separate items on
the bill of | ||
sale or sales contract nor charges that are added to prices
by | ||
sellers on account of the seller's duty to collect, from the
| ||
purchaser, the tax that is imposed by this Act.
| ||
"Department" means the Department of Revenue.
| ||
"Person" means any natural individual, firm, partnership,
| ||
association, joint stock company, joint venture, public or | ||
private
corporation, limited liability company, and any | ||
receiver, executor, trustee,
guardian or other representative | ||
appointed by order of any court.
| ||
"Sale of service" means any transaction except:
| ||
(1) a retail sale of tangible personal property taxable | ||
under the
Retailers' Occupation Tax Act or under the Use | ||
Tax Act.
| ||
(2) a sale of tangible personal property for the | ||
purpose of resale
made in compliance with Section 2c of the | ||
Retailers' Occupation Tax Act.
| ||
(3) except as hereinafter provided, a sale or transfer | ||
of tangible
personal property as an incident to the | ||
rendering of service for or by
any governmental body, or | ||
for or by any corporation, society,
association, | ||
foundation or institution organized and operated
| ||
exclusively for charitable, religious or educational | ||
purposes or any
not-for-profit corporation, society, | ||
association, foundation,
institution or organization which |
has no compensated officers or
employees and which is | ||
organized and operated primarily for the
recreation of | ||
persons 55 years of age or older. A limited liability | ||
company
may qualify for the exemption under this paragraph | ||
only if the limited
liability company is organized and | ||
operated exclusively for educational
purposes.
| ||
(4) (blank).
| ||
(4a) a sale or transfer of tangible personal
property | ||
as an incident
to the rendering of service for owners, | ||
lessors, or shippers of tangible
personal property which is | ||
utilized by interstate carriers for hire for
use as rolling | ||
stock moving in interstate commerce so long as so used by
| ||
interstate carriers for hire, and equipment operated by a
| ||
telecommunications provider, licensed as a common carrier | ||
by the Federal
Communications Commission, which is | ||
permanently installed in or affixed to
aircraft moving in | ||
interstate commerce.
| ||
(4a-5) on and after July 1, 2003 and through June 30, | ||
2004, a sale or transfer of a motor vehicle
of
the
second | ||
division with a gross vehicle weight in excess of 8,000 | ||
pounds as an
incident to the rendering of service if that | ||
motor
vehicle is subject
to the commercial distribution fee | ||
imposed under Section 3-815.1 of the
Illinois Vehicle
Code. | ||
Beginning on July 1, 2004 and through June 30, 2005, the | ||
use in this State of motor vehicles of the second division: | ||
(i) with a gross vehicle weight rating in excess of 8,000 |
pounds; (ii) that are subject to the commercial | ||
distribution fee imposed under Section 3-815.1 of the | ||
Illinois Vehicle Code; and (iii) that are primarily used | ||
for commercial purposes. Through June 30, 2005, this
| ||
exemption applies to repair and replacement parts added | ||
after the
initial
purchase of such a motor vehicle if that | ||
motor vehicle is used in a manner that
would
qualify for | ||
the rolling stock exemption otherwise provided for in this | ||
Act. For purposes of this paragraph, "used for commercial | ||
purposes" means the transportation of persons or property | ||
in furtherance of any commercial or industrial enterprise | ||
whether for-hire or not.
| ||
(5) a sale or transfer of machinery and equipment used | ||
primarily in the
process of the manufacturing or | ||
assembling, either in an existing, an expanded
or a new | ||
manufacturing facility, of tangible personal property for | ||
wholesale or
retail sale or lease, whether such sale or | ||
lease is made directly by the
manufacturer or by some other | ||
person, whether the materials used in the process
are owned | ||
by the manufacturer or some other person, or whether such | ||
sale or
lease is made apart from or as an incident to the | ||
seller's engaging in a
service occupation and the | ||
applicable tax is a Service Use Tax or Service
Occupation | ||
Tax, rather than Use Tax or Retailers' Occupation Tax. The | ||
exemption provided by this paragraph (5) does not include | ||
machinery and equipment used in (i) the generation of |
electricity for wholesale or retail sale; (ii) the | ||
generation or treatment of natural or artificial gas for | ||
wholesale or retail sale that is delivered to customers | ||
through pipes, pipelines, or mains; or (iii) the treatment | ||
of water for wholesale or retail sale that is delivered to | ||
customers through pipes, pipelines, or mains. The | ||
provisions of Public Act 98-583 this amendatory Act of the | ||
98th General Assembly are declaratory of existing law as to | ||
the meaning and scope of this exemption. The exemption | ||
under this paragraph (5) is exempt from the provisions of | ||
Section 3-75.
| ||
(5a) the repairing, reconditioning or remodeling, for | ||
a
common carrier by rail, of tangible personal property | ||
which belongs to such
carrier for hire, and as to which | ||
such carrier receives the physical possession
of the | ||
repaired, reconditioned or remodeled item of tangible | ||
personal property
in Illinois, and which such carrier | ||
transports, or shares with another common
carrier in the | ||
transportation of such property, out of Illinois on a | ||
standard
uniform bill of lading showing the person who | ||
repaired, reconditioned or
remodeled the property to a | ||
destination outside Illinois, for use outside
Illinois.
| ||
(5b) a sale or transfer of tangible personal property | ||
which is produced by
the seller thereof on special order in | ||
such a way as to have made the
applicable tax the Service | ||
Occupation Tax or the Service Use Tax, rather than
the |
Retailers' Occupation Tax or the Use Tax, for an interstate | ||
carrier by rail
which receives the physical possession of | ||
such property in Illinois, and which
transports such | ||
property, or shares with another common carrier in the
| ||
transportation of such property, out of Illinois on a | ||
standard uniform bill of
lading showing the seller of the | ||
property as the shipper or consignor of such
property to a | ||
destination outside Illinois, for use outside Illinois.
| ||
(6) until July 1, 2003, a sale or transfer of | ||
distillation machinery
and equipment, sold
as a unit or kit | ||
and assembled or installed by the retailer, which
machinery | ||
and equipment is certified by the user to be used only for | ||
the
production of ethyl alcohol that will be used for | ||
consumption as motor fuel
or as a component of motor fuel | ||
for the personal use of such user and not
subject to sale | ||
or resale.
| ||
(7) at the election of any serviceman not required to | ||
be
otherwise registered as a retailer under Section 2a of | ||
the Retailers'
Occupation Tax Act, made for each fiscal | ||
year sales
of service in which the aggregate annual cost | ||
price of tangible
personal property transferred as an | ||
incident to the sales of service is
less than 35%, or 75% | ||
in the case of servicemen transferring prescription
drugs | ||
or servicemen engaged in graphic arts production, of the | ||
aggregate
annual total gross receipts from all sales of | ||
service. The purchase of
such tangible personal property by |
the serviceman shall be subject to tax
under the Retailers' | ||
Occupation Tax Act and the Use Tax Act.
However, if a
| ||
primary serviceman who has made the election described in | ||
this paragraph
subcontracts service work to a secondary | ||
serviceman who has also made the
election described in this | ||
paragraph, the primary serviceman does not
incur a Use Tax | ||
liability if the secondary serviceman (i) has paid or will | ||
pay
Use
Tax on his or her cost price of any tangible | ||
personal property transferred
to the primary serviceman | ||
and (ii) certifies that fact in writing to the
primary
| ||
serviceman.
| ||
Tangible personal property transferred incident to the | ||
completion of a
maintenance agreement is exempt from the tax | ||
imposed pursuant to this Act.
| ||
Exemption (5) also includes machinery and equipment used in | ||
the general
maintenance or repair of such exempt machinery and | ||
equipment or for in-house
manufacture of exempt machinery and | ||
equipment. On and after July 1, 2017, exemption (5) also
| ||
includes graphic arts machinery and equipment, as
defined in | ||
paragraph (5) of Section 3-5. The machinery and equipment | ||
exemption does not include machinery and equipment used in (i) | ||
the generation of electricity for wholesale or retail sale; | ||
(ii) the generation or treatment of natural or artificial gas | ||
for wholesale or retail sale that is delivered to customers | ||
through pipes, pipelines, or mains; or (iii) the treatment of | ||
water for wholesale or retail sale that is delivered to |
customers through pipes, pipelines, or mains. The provisions of | ||
Public Act 98-583 this amendatory Act of the 98th General | ||
Assembly are declaratory of existing law as to the meaning and | ||
scope of this exemption. For the purposes of exemption
(5), | ||
each of these terms shall have the following meanings: (1) | ||
"manufacturing
process" shall mean the production of any | ||
article of tangible personal
property, whether such article is | ||
a finished product or an article for use in
the process of | ||
manufacturing or assembling a different article of tangible
| ||
personal property, by procedures commonly regarded as | ||
manufacturing,
processing, fabricating, or refining which | ||
changes some existing
material or materials into a material | ||
with a different form, use or
name. In relation to a recognized | ||
integrated business composed of a
series of operations which | ||
collectively constitute manufacturing, or
individually | ||
constitute manufacturing operations, the manufacturing
process | ||
shall be deemed to commence with the first operation or stage | ||
of
production in the series, and shall not be deemed to end | ||
until the
completion of the final product in the last operation | ||
or stage of
production in the series; and further, for purposes | ||
of exemption (5),
photoprocessing is deemed to be a | ||
manufacturing process of tangible
personal property for | ||
wholesale or retail sale; (2) "assembling process" shall
mean | ||
the production of any article of tangible personal property, | ||
whether such
article is a finished product or an article for | ||
use in the process of
manufacturing or assembling a different |
article of tangible personal
property, by the combination of | ||
existing materials in a manner commonly
regarded as assembling | ||
which results in a material of a different form,
use or name; | ||
(3) "machinery" shall mean major mechanical machines or
major | ||
components of such machines contributing to a manufacturing or
| ||
assembling process; and (4) "equipment" shall include any | ||
independent
device or tool separate from any machinery but | ||
essential to an
integrated manufacturing or assembly process; | ||
including computers
used primarily in a manufacturer's | ||
computer
assisted design, computer assisted manufacturing | ||
(CAD/CAM) system;
or any subunit or assembly comprising a | ||
component of any machinery or
auxiliary, adjunct or attachment | ||
parts of machinery, such as tools, dies,
jigs, fixtures, | ||
patterns and molds; or any parts which require periodic
| ||
replacement in the course of normal operation; but shall not | ||
include hand
tools.
Equipment includes chemicals or chemicals | ||
acting as catalysts but only if the
chemicals or chemicals | ||
acting as catalysts effect a direct and immediate change
upon a
| ||
product being manufactured or assembled for wholesale or retail | ||
sale or
lease.
The purchaser of such machinery and equipment | ||
who has an active
resale registration number shall furnish such | ||
number to the seller at the
time of purchase. The user of such | ||
machinery and equipment and tools
without an active resale | ||
registration number shall prepare a certificate of
exemption | ||
for each transaction stating facts establishing the exemption | ||
for
that transaction, which certificate shall be available to |
the Department
for inspection or audit. The Department shall | ||
prescribe the form of the
certificate.
| ||
Any informal rulings, opinions or letters issued by the | ||
Department in
response to an inquiry or request for any opinion | ||
from any person
regarding the coverage and applicability of | ||
exemption (5) to specific
devices shall be published, | ||
maintained as a public record, and made
available for public | ||
inspection and copying. If the informal ruling,
opinion or | ||
letter contains trade secrets or other confidential
| ||
information, where possible the Department shall delete such | ||
information
prior to publication. Whenever such informal | ||
rulings, opinions, or
letters contain any policy of general | ||
applicability, the Department
shall formulate and adopt such | ||
policy as a rule in accordance with the
provisions of the | ||
Illinois Administrative Procedure Act.
| ||
On and after July 1, 1987, no entity otherwise eligible | ||
under exemption
(3) of this Section shall make tax-free tax | ||
free purchases unless it has an active
exemption identification | ||
number issued by the Department.
| ||
The purchase, employment and transfer of such tangible | ||
personal
property as newsprint and ink for the primary purpose | ||
of conveying news
(with or without other information) is not a | ||
purchase, use or sale of
service or of tangible personal | ||
property within the meaning of this Act.
| ||
"Serviceman" means any person who is engaged in the | ||
occupation of
making sales of service.
|
"Sale at retail" means "sale at retail" as defined in the | ||
Retailers'
Occupation Tax Act.
| ||
"Supplier" means any person who makes sales of tangible | ||
personal
property to servicemen for the purpose of resale as an | ||
incident to a
sale of service.
| ||
"Serviceman maintaining a place of business in this State", | ||
or any
like term, means and includes any serviceman:
| ||
1. having or maintaining within this State, directly or | ||
by a
subsidiary, an office, distribution house, sales | ||
house, warehouse or
other place of business, or any agent | ||
or other representative operating
within this State under | ||
the authority of the serviceman or its
subsidiary, | ||
irrespective of whether such place of business or agent or
| ||
other representative is located here permanently or | ||
temporarily, or
whether such serviceman or subsidiary is | ||
licensed to do business in this
State; | ||
1.1. having a contract with a person located in this | ||
State under which the person, for a commission or other | ||
consideration based on the sale of service by the | ||
serviceman, directly or indirectly refers potential | ||
customers to the serviceman by providing to the potential | ||
customers a promotional code or other mechanism that allows | ||
the serviceman to track purchases referred by such persons. | ||
Examples of mechanisms that allow the serviceman to track | ||
purchases referred by such persons include but are not | ||
limited to the use of a link on the person's Internet |
website, promotional codes distributed through the | ||
person's hand-delivered or mailed material, and | ||
promotional codes distributed by the person through radio | ||
or other broadcast media. The provisions of this paragraph | ||
1.1 shall apply only if the cumulative gross receipts from | ||
sales of service by the serviceman to customers who are | ||
referred to the serviceman by all persons in this State | ||
under such contracts exceed $10,000 during the preceding 4 | ||
quarterly periods ending on the last day of March, June, | ||
September, and December; a serviceman meeting the | ||
requirements of this paragraph 1.1 shall be presumed to be | ||
maintaining a place of business in this State but may rebut | ||
this presumption by submitting proof that the referrals or | ||
other activities pursued within this State by such persons | ||
were not sufficient to meet the nexus standards of the | ||
United States Constitution during the preceding 4 | ||
quarterly periods; | ||
1.2. beginning July 1, 2011, having a contract with a | ||
person located in this State under which: | ||
A. the serviceman sells the same or substantially | ||
similar line of services as the person located in this | ||
State and does so using an identical or substantially | ||
similar name, trade name, or trademark as the person | ||
located in this State; and | ||
B. the serviceman provides a commission or other | ||
consideration to the person located in this State based |
upon the sale of services by the serviceman. | ||
The provisions of this paragraph 1.2 shall apply only if | ||
the cumulative gross receipts from sales of service by the | ||
serviceman to customers in this State under all such | ||
contracts exceed $10,000 during the preceding 4 quarterly | ||
periods ending on the last day of March, June, September, | ||
and December;
| ||
2. soliciting orders for tangible personal property by | ||
means of a
telecommunication or television shopping system | ||
(which utilizes toll free
numbers) which is intended by the | ||
retailer to be broadcast by cable
television or other means | ||
of broadcasting, to consumers located in this State;
| ||
3. pursuant to a contract with a broadcaster or | ||
publisher located in this
State, soliciting orders for | ||
tangible personal property by means of advertising
which is | ||
disseminated primarily to consumers located in this State | ||
and only
secondarily to bordering jurisdictions;
| ||
4. soliciting orders for tangible personal property by | ||
mail if the
solicitations are substantial and recurring and | ||
if the retailer benefits
from any banking, financing, debt | ||
collection, telecommunication, or
marketing activities | ||
occurring in this State or benefits from the location
in | ||
this State of authorized installation, servicing, or | ||
repair facilities;
| ||
5. being owned or controlled by the same interests | ||
which own or
control any retailer engaging in business in |
the same or similar line of
business in this State;
| ||
6. having a franchisee or licensee operating under its | ||
trade name if
the franchisee or licensee is required to | ||
collect the tax under this Section;
| ||
7. pursuant to a contract with a cable television | ||
operator located in
this State, soliciting orders for | ||
tangible personal property by means of
advertising which is | ||
transmitted or distributed over a cable television
system | ||
in this State; or
| ||
8. engaging in activities in Illinois, which | ||
activities in the
state in which the supply business | ||
engaging in such activities is located
would constitute | ||
maintaining a place of business in that state.
| ||
(Source: P.A. 100-22, eff. 7-6-17; 100-321, eff. 8-24-17; | ||
revised 9-27-17.)
| ||
(35 ILCS 110/9) (from Ch. 120, par. 439.39) | ||
(Text of Section before amendment by P.A. 100-363 ) | ||
Sec. 9. Each serviceman required or authorized to collect | ||
the tax
herein imposed shall pay to the Department the amount | ||
of such tax
(except as otherwise provided) at the time when he | ||
is required to file
his return for the period during which such | ||
tax was collected, less a
discount of 2.1% prior to January 1, | ||
1990 and 1.75% on and after January 1,
1990, or $5 per calendar | ||
year, whichever is greater, which is allowed to
reimburse the | ||
serviceman for expenses incurred in collecting the tax,
keeping |
records, preparing and filing returns, remitting the tax and
| ||
supplying data to the Department on request. The discount | ||
allowed under this Section is allowed only for returns that are | ||
filed in the manner required by this Act. The Department may | ||
disallow the discount for servicemen whose certificate of | ||
registration is revoked at the time the return is filed, but | ||
only if the Department's decision to revoke the certificate of | ||
registration has become final. A serviceman need not remit
that | ||
part of any tax collected by him to the extent that he is | ||
required to
pay and does pay the tax imposed by the Service | ||
Occupation Tax Act with
respect to his sale of service | ||
involving the incidental transfer by him of
the same property. | ||
Except as provided hereinafter in this Section, on or | ||
before the twentieth
day of each calendar month, such | ||
serviceman shall file a return for the
preceding calendar month | ||
in accordance with reasonable Rules and
Regulations to be | ||
promulgated by the Department. Such return shall be
filed on a | ||
form prescribed by the Department and shall contain such
| ||
information as the Department may reasonably require. On and | ||
after January 1, 2018, with respect to servicemen whose annual | ||
gross receipts average $20,000 or more, all returns required to | ||
be filed pursuant to this Act shall be filed electronically. | ||
Servicemen who demonstrate that they do not have access to the | ||
Internet or demonstrate hardship in filing electronically may | ||
petition the Department to waive the electronic filing | ||
requirement. |
The Department may require returns to be filed on a | ||
quarterly basis.
If so required, a return for each calendar | ||
quarter shall be filed on or
before the twentieth day of the | ||
calendar month following the end of such
calendar quarter. The | ||
taxpayer shall also file a return with the
Department for each | ||
of the first two months of each calendar quarter, on or
before | ||
the twentieth day of the following calendar month, stating: | ||
1. The name of the seller; | ||
2. The address of the principal place of business from | ||
which he engages
in business as a serviceman in this State; | ||
3. The total amount of taxable receipts received by him | ||
during the
preceding calendar month, including receipts | ||
from charge and time sales,
but less all deductions allowed | ||
by law; | ||
4. The amount of credit provided in Section 2d of this | ||
Act; | ||
5. The amount of tax due; | ||
5-5. The signature of the taxpayer; and | ||
6. Such other reasonable information as the Department | ||
may
require. | ||
If a taxpayer fails to sign a return within 30 days after | ||
the proper notice
and demand for signature by the Department, | ||
the return shall be considered
valid and any amount shown to be | ||
due on the return shall be deemed assessed. | ||
Beginning October 1, 1993, a taxpayer who has an average | ||
monthly tax
liability of $150,000 or more shall make all |
payments required by rules of
the Department by electronic | ||
funds transfer. Beginning October 1, 1994, a
taxpayer who has | ||
an average monthly tax liability of $100,000 or more shall
make | ||
all payments required by rules of the Department by electronic | ||
funds
transfer. Beginning October 1, 1995, a taxpayer who has | ||
an average monthly
tax liability of $50,000 or more shall make | ||
all payments required by rules
of the Department by electronic | ||
funds transfer.
Beginning October 1, 2000, a taxpayer who has | ||
an annual tax liability of
$200,000 or more shall make all | ||
payments required by rules of the Department by
electronic | ||
funds transfer. The term "annual tax liability" shall be the | ||
sum of
the taxpayer's liabilities under this Act, and under all | ||
other State and local
occupation and use tax laws administered | ||
by the Department, for the immediately
preceding calendar year.
| ||
The term "average monthly tax
liability" means the sum of the | ||
taxpayer's liabilities under this Act, and
under all other | ||
State and local occupation and use tax laws administered by the
| ||
Department, for the immediately preceding calendar year | ||
divided by 12.
Beginning on October 1, 2002, a taxpayer who has | ||
a tax liability in the
amount set forth in subsection (b) of | ||
Section 2505-210 of the Department of
Revenue Law shall make | ||
all payments required by rules of the Department by
electronic | ||
funds transfer. | ||
Before August 1 of each year beginning in 1993, the | ||
Department shall
notify all taxpayers required to make payments | ||
by electronic funds transfer.
All taxpayers required to make |
payments by electronic funds transfer shall
make those payments | ||
for a minimum of one year beginning on October 1. | ||
Any taxpayer not required to make payments by electronic | ||
funds transfer
may make payments by electronic funds transfer | ||
with the permission of the
Department. | ||
All taxpayers required to make payment by electronic funds | ||
transfer and
any taxpayers authorized to voluntarily make | ||
payments by electronic funds
transfer shall make those payments | ||
in the manner authorized by the Department. | ||
The Department shall adopt such rules as are necessary to | ||
effectuate a
program of electronic funds transfer and the | ||
requirements of this Section. | ||
If the serviceman is otherwise required to file a monthly | ||
return and
if the serviceman's average monthly tax liability to | ||
the Department
does not exceed $200, the Department may | ||
authorize his returns to be
filed on a quarter annual basis, | ||
with the return for January, February
and March of a given year | ||
being due by April 20 of such year; with the
return for April, | ||
May and June of a given year being due by July 20 of
such year; | ||
with the return for July, August and September of a given
year | ||
being due by October 20 of such year, and with the return for
| ||
October, November and December of a given year being due by | ||
January 20
of the following year. | ||
If the serviceman is otherwise required to file a monthly | ||
or quarterly
return and if the serviceman's average monthly tax | ||
liability to the Department
does not exceed $50, the Department |
may authorize his returns to be
filed on an annual basis, with | ||
the return for a given year being due by
January 20 of the | ||
following year. | ||
Such quarter annual and annual returns, as to form and | ||
substance,
shall be subject to the same requirements as monthly | ||
returns. | ||
Notwithstanding any other provision in this Act concerning | ||
the time
within which a serviceman may file his return, in the | ||
case of any
serviceman who ceases to engage in a kind of | ||
business which makes him
responsible for filing returns under | ||
this Act, such serviceman shall
file a final return under this | ||
Act with the Department not more than 1
month after | ||
discontinuing such business. | ||
Where a serviceman collects the tax with respect to the | ||
selling price of
property which he sells and the purchaser | ||
thereafter returns such
property and the serviceman refunds the | ||
selling price thereof to the
purchaser, such serviceman shall | ||
also refund, to the purchaser, the tax
so collected from the | ||
purchaser. When filing his return for the period
in which he | ||
refunds such tax to the purchaser, the serviceman may deduct
| ||
the amount of the tax so refunded by him to the purchaser from | ||
any other
Service Use Tax, Service Occupation Tax, retailers' | ||
occupation tax or
use tax which such serviceman may be required | ||
to pay or remit to the
Department, as shown by such return, | ||
provided that the amount of the tax
to be deducted shall | ||
previously have been remitted to the Department by
such |
serviceman. If the serviceman shall not previously have | ||
remitted
the amount of such tax to the Department, he shall be | ||
entitled to no
deduction hereunder upon refunding such tax to | ||
the purchaser. | ||
Any serviceman filing a return hereunder shall also include | ||
the total
tax upon the selling price of tangible personal | ||
property purchased for use
by him as an incident to a sale of | ||
service, and such serviceman shall remit
the amount of such tax | ||
to the Department when filing such return. | ||
If experience indicates such action to be practicable, the | ||
Department
may prescribe and furnish a combination or joint | ||
return which will
enable servicemen, who are required to file | ||
returns hereunder and also
under the Service Occupation Tax | ||
Act, to furnish all the return
information required by both | ||
Acts on the one form. | ||
Where the serviceman has more than one business registered | ||
with the
Department under separate registration hereunder, | ||
such serviceman shall
not file each return that is due as a | ||
single return covering all such
registered businesses, but | ||
shall file separate returns for each such
registered business. | ||
Beginning January 1, 1990, each month the Department shall | ||
pay into
the State and Local Tax Reform Fund, a special fund in | ||
the State Treasury,
the net revenue realized for the preceding | ||
month from the 1% tax on sales
of food for human consumption | ||
which is to be consumed off the premises
where it is sold | ||
(other than alcoholic beverages, soft drinks and food
which has |
been prepared for immediate consumption) and prescription and
| ||
nonprescription medicines, drugs, medical appliances, products | ||
classified as Class III medical devices, by the United States | ||
Food and Drug Administration that are used for cancer treatment | ||
pursuant to a prescription, as well as any accessories and | ||
components related to those devices, and insulin, urine
testing | ||
materials, syringes and needles used by diabetics. | ||
Beginning January 1, 1990, each month the Department shall | ||
pay into
the State and Local Sales Tax Reform Fund 20% of the | ||
net revenue realized
for the preceding month from the 6.25% | ||
general rate on transfers of
tangible personal property, other | ||
than tangible personal property which is
purchased outside | ||
Illinois at retail from a retailer and which is titled or
| ||
registered by an agency of this State's government. | ||
Beginning August 1, 2000, each
month the Department shall | ||
pay into the
State and Local Sales Tax Reform Fund 100% of the | ||
net revenue realized for the
preceding
month from the 1.25% | ||
rate on the selling price of motor fuel and gasohol. | ||
Beginning October 1, 2009, each month the Department shall | ||
pay into the Capital Projects Fund an amount that is equal to | ||
an amount estimated by the Department to represent 80% of the | ||
net revenue realized for the preceding month from the sale of | ||
candy, grooming and hygiene products, and soft drinks that had | ||
been taxed at a rate of 1% prior to September 1, 2009 but that | ||
are now taxed at 6.25%. | ||
Beginning July 1, 2013, each month the Department shall pay |
into the Underground Storage Tank Fund from the proceeds | ||
collected under this Act, the Use Tax Act, the Service | ||
Occupation Tax Act, and the Retailers' Occupation Tax Act an | ||
amount equal to the average monthly deficit in the Underground | ||
Storage Tank Fund during the prior year, as certified annually | ||
by the Illinois Environmental Protection Agency, but the total | ||
payment into the Underground Storage Tank Fund under this Act, | ||
the Use Tax Act, the Service Occupation Tax Act, and the | ||
Retailers' Occupation Tax Act shall not exceed $18,000,000 in | ||
any State fiscal year. As used in this paragraph, the "average | ||
monthly deficit" shall be equal to the difference between the | ||
average monthly claims for payment by the fund and the average | ||
monthly revenues deposited into the fund, excluding payments | ||
made pursuant to this paragraph. | ||
Beginning July 1, 2015, of the remainder of the moneys | ||
received by the Department under the Use Tax Act, this Act, the | ||
Service Occupation Tax Act, and the Retailers' Occupation Tax | ||
Act, each month the Department shall deposit $500,000 into the | ||
State Crime Laboratory Fund. | ||
Of the remainder of the moneys received by the Department | ||
pursuant
to this Act, (a) 1.75% thereof shall be paid into the | ||
Build
Illinois Fund and (b) prior to July 1, 1989, 2.2% and on | ||
and after July 1,
1989, 3.8% thereof shall be paid into the | ||
Build Illinois Fund; provided,
however, that if in any fiscal | ||
year the sum of (1) the aggregate of 2.2% or
3.8%, as the case | ||
may be, of the moneys received by the Department and
required |
to be paid into the Build Illinois Fund pursuant to Section 3 | ||
of
the Retailers' Occupation Tax Act, Section 9 of the Use Tax | ||
Act, Section 9
of the Service Use Tax Act, and Section 9 of the | ||
Service Occupation Tax
Act, such Acts being hereinafter called | ||
the "Tax Acts" and such aggregate
of 2.2% or 3.8%, as the case | ||
may be, of moneys being hereinafter called the
"Tax Act | ||
Amount", and (2) the amount transferred to the Build Illinois | ||
Fund
from the State and Local Sales Tax Reform Fund shall be | ||
less than the
Annual Specified Amount (as defined in Section 3 | ||
of the Retailers'
Occupation Tax Act), an amount equal to the | ||
difference shall be immediately
paid into the Build Illinois | ||
Fund from other moneys received by the
Department pursuant to | ||
the Tax Acts; and further provided, that if on the
last | ||
business day of any month the sum of (1) the Tax Act Amount | ||
required
to be deposited into the Build Illinois Bond Account | ||
in the Build Illinois
Fund during such month and (2) the amount | ||
transferred during such month to
the Build Illinois Fund from | ||
the State and Local Sales Tax Reform Fund
shall have been less | ||
than 1/12 of the Annual Specified Amount, an amount
equal to | ||
the difference shall be immediately paid into the Build | ||
Illinois
Fund from other moneys received by the Department | ||
pursuant to the Tax Acts;
and, further provided, that in no | ||
event shall the payments required under
the preceding proviso | ||
result in aggregate payments into the Build Illinois
Fund | ||
pursuant to this clause (b) for any fiscal year in excess of | ||
the
greater of (i) the Tax Act Amount or (ii) the Annual |
Specified Amount for
such fiscal year; and, further provided, | ||
that the amounts payable into the
Build Illinois Fund under | ||
this clause (b) shall be payable only until such
time as the | ||
aggregate amount on deposit under each trust indenture securing
| ||
Bonds issued and outstanding pursuant to the Build Illinois | ||
Bond Act is
sufficient, taking into account any future | ||
investment income, to fully
provide, in accordance with such | ||
indenture, for the defeasance of or the
payment of the | ||
principal of, premium, if any, and interest on the Bonds
| ||
secured by such indenture and on any Bonds expected to be | ||
issued thereafter
and all fees and costs payable with respect | ||
thereto, all as certified by
the Director of the
Bureau of the | ||
Budget (now Governor's Office of Management and Budget). If
on | ||
the last business day of
any month in which Bonds are | ||
outstanding pursuant to the Build Illinois
Bond Act, the | ||
aggregate of the moneys deposited in the Build Illinois Bond
| ||
Account in the Build Illinois Fund in such month shall be less | ||
than the
amount required to be transferred in such month from | ||
the Build Illinois
Bond Account to the Build Illinois Bond | ||
Retirement and Interest Fund
pursuant to Section 13 of the | ||
Build Illinois Bond Act, an amount equal to
such deficiency | ||
shall be immediately paid from other moneys received by the
| ||
Department pursuant to the Tax Acts to the Build Illinois Fund; | ||
provided,
however, that any amounts paid to the Build Illinois | ||
Fund in any fiscal
year pursuant to this sentence shall be | ||
deemed to constitute payments
pursuant to clause (b) of the |
preceding sentence and shall reduce the
amount otherwise | |||||||||||||||||||||||
payable for such fiscal year pursuant to clause (b) of the
| |||||||||||||||||||||||
preceding sentence. The moneys received by the Department | |||||||||||||||||||||||
pursuant to this
Act and required to be deposited into the | |||||||||||||||||||||||
Build Illinois Fund are subject
to the pledge, claim and charge | |||||||||||||||||||||||
set forth in Section 12 of the Build Illinois
Bond Act. | |||||||||||||||||||||||
Subject to payment of amounts into the Build Illinois Fund | |||||||||||||||||||||||
as provided in
the preceding paragraph or in any amendment | |||||||||||||||||||||||
thereto hereafter enacted, the
following specified monthly | |||||||||||||||||||||||
installment of the amount requested in the
certificate of the | |||||||||||||||||||||||
Chairman of the Metropolitan Pier and Exposition
Authority | |||||||||||||||||||||||
provided under Section 8.25f of the State Finance Act, but not | |||||||||||||||||||||||
in
excess of the sums designated as "Total Deposit", shall be | |||||||||||||||||||||||
deposited in the
aggregate from collections under Section 9 of | |||||||||||||||||||||||
the Use Tax Act, Section 9 of
the Service Use Tax Act, Section | |||||||||||||||||||||||
9 of the Service Occupation Tax Act, and
Section 3 of the | |||||||||||||||||||||||
Retailers' Occupation Tax Act into the McCormick Place
| |||||||||||||||||||||||
Expansion Project Fund in the specified fiscal years. | |||||||||||||||||||||||
|
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||
Beginning July 20, 1993 and in each month of each fiscal | ||||||||||||||||||||||||||||||||||||||||||||||||||
year thereafter,
one-eighth of the amount requested in the | ||||||||||||||||||||||||||||||||||||||||||||||||||
certificate of the Chairman of
the Metropolitan Pier and | ||||||||||||||||||||||||||||||||||||||||||||||||||
Exposition Authority for that fiscal year, less
the amount | ||||||||||||||||||||||||||||||||||||||||||||||||||
deposited into the McCormick Place Expansion Project Fund by | ||||||||||||||||||||||||||||||||||||||||||||||||||
the
State Treasurer in the respective month under subsection | ||||||||||||||||||||||||||||||||||||||||||||||||||
(g) of Section 13
of the Metropolitan Pier and Exposition | ||||||||||||||||||||||||||||||||||||||||||||||||||
Authority Act, plus cumulative
deficiencies in the deposits | ||||||||||||||||||||||||||||||||||||||||||||||||||
required under this Section for previous
months and years, | ||||||||||||||||||||||||||||||||||||||||||||||||||
shall be deposited into the McCormick Place Expansion
Project |
Fund, until the full amount requested for the fiscal year, but | ||
not
in excess of the amount specified above as "Total Deposit", | ||
has been deposited. | ||
Subject to payment of amounts into the Build Illinois Fund | ||
and the
McCormick Place Expansion Project Fund
pursuant to the | ||
preceding paragraphs or in any amendments thereto hereafter
| ||
enacted, beginning July 1, 1993 and ending on September 30, | ||
2013, the Department shall each month pay into the
Illinois Tax | ||
Increment Fund 0.27% of 80% of the net revenue realized for the
| ||
preceding month from the 6.25% general rate on the selling | ||
price of tangible
personal property. | ||
Subject to payment of amounts into the Build Illinois Fund | ||
and the
McCormick Place Expansion Project Fund pursuant to the | ||
preceding paragraphs or
in any
amendments thereto hereafter | ||
enacted, beginning with the receipt of the first
report of | ||
taxes paid by an eligible business and continuing for a 25-year
| ||
period, the Department shall each month pay into the Energy | ||
Infrastructure
Fund 80% of the net revenue realized from the | ||
6.25% general rate on the
selling price of Illinois-mined coal | ||
that was sold to an eligible business.
For purposes of this | ||
paragraph, the term "eligible business" means a new
electric | ||
generating facility certified pursuant to Section 605-332 of | ||
the
Department of Commerce and
Economic Opportunity Law of the | ||
Civil Administrative
Code of Illinois. | ||
Subject to payment of amounts into the Build Illinois Fund, | ||
the McCormick Place Expansion Project Fund, the Illinois Tax |
Increment Fund, and the Energy Infrastructure Fund pursuant to | ||
the preceding paragraphs or in any amendments to this Section | ||
hereafter enacted, beginning on the first day of the first | ||
calendar month to occur on or after August 26, 2014 ( the | ||
effective date of Public Act 98-1098) this amendatory Act of | ||
the 98th General Assembly , each month, from the collections | ||
made under Section 9 of the Use Tax Act, Section 9 of the | ||
Service Use Tax Act, Section 9 of the Service Occupation Tax | ||
Act, and Section 3 of the Retailers' Occupation Tax Act, the | ||
Department shall pay into the Tax Compliance and Administration | ||
Fund, to be used, subject to appropriation, to fund additional | ||
auditors and compliance personnel at the Department of Revenue, | ||
an amount equal to 1/12 of 5% of 80% of the cash receipts | ||
collected during the preceding fiscal year by the Audit Bureau | ||
of the Department under the Use Tax Act, the Service Use Tax | ||
Act, the Service Occupation Tax Act, the Retailers' Occupation | ||
Tax Act, and associated local occupation and use taxes | ||
administered by the Department. | ||
Of the remainder of the moneys received by the Department | ||
pursuant to this
Act, 75% thereof shall be paid into the | ||
General Revenue Fund of the State Treasury and 25% shall be | ||
reserved in a special account and used only for the transfer to | ||
the Common School Fund as part of the monthly transfer from the | ||
General Revenue Fund in accordance with Section 8a of the State | ||
Finance Act. | ||
As soon as possible after the first day of each month, upon |
certification
of the Department of Revenue, the Comptroller | ||
shall order transferred and
the Treasurer shall transfer from | ||
the General Revenue Fund to the Motor
Fuel Tax Fund an amount | ||
equal to 1.7% of 80% of the net revenue realized
under this Act | ||
for the second preceding month.
Beginning April 1, 2000, this | ||
transfer is no longer required
and shall not be made. | ||
Net revenue realized for a month shall be the revenue | ||
collected by the State
pursuant to this Act, less the amount | ||
paid out during that month as refunds
to taxpayers for | ||
overpayment of liability. | ||
(Source: P.A. 99-352, eff. 8-12-15; 99-858, eff. 8-19-16; | ||
100-303, eff. 8-24-17; revised 1-22-18.) | ||
(Text of Section after amendment by P.A. 100-363 )
| ||
Sec. 9. Each serviceman required or authorized to collect | ||
the tax
herein imposed shall pay to the Department the amount | ||
of such tax
(except as otherwise provided) at the time when he | ||
is required to file
his return for the period during which such | ||
tax was collected, less a
discount of 2.1% prior to January 1, | ||
1990 and 1.75% on and after January 1,
1990, or $5 per calendar | ||
year, whichever is greater, which is allowed to
reimburse the | ||
serviceman for expenses incurred in collecting the tax,
keeping | ||
records, preparing and filing returns, remitting the tax and
| ||
supplying data to the Department on request. The discount | ||
allowed under this Section is allowed only for returns that are | ||
filed in the manner required by this Act. The Department may |
disallow the discount for servicemen whose certificate of | ||
registration is revoked at the time the return is filed, but | ||
only if the Department's decision to revoke the certificate of | ||
registration has become final. A serviceman need not remit
that | ||
part of any tax collected by him to the extent that he is | ||
required to
pay and does pay the tax imposed by the Service | ||
Occupation Tax Act with
respect to his sale of service | ||
involving the incidental transfer by him of
the same property. | ||
Except as provided hereinafter in this Section, on or | ||
before the twentieth
day of each calendar month, such | ||
serviceman shall file a return for the
preceding calendar month | ||
in accordance with reasonable Rules and
Regulations to be | ||
promulgated by the Department. Such return shall be
filed on a | ||
form prescribed by the Department and shall contain such
| ||
information as the Department may reasonably require. On and | ||
after January 1, 2018, with respect to servicemen whose annual | ||
gross receipts average $20,000 or more, all returns required to | ||
be filed pursuant to this Act shall be filed electronically. | ||
Servicemen who demonstrate that they do not have access to the | ||
Internet or demonstrate hardship in filing electronically may | ||
petition the Department to waive the electronic filing | ||
requirement. | ||
The Department may require returns to be filed on a | ||
quarterly basis.
If so required, a return for each calendar | ||
quarter shall be filed on or
before the twentieth day of the | ||
calendar month following the end of such
calendar quarter. The |
taxpayer shall also file a return with the
Department for each | ||
of the first two months of each calendar quarter, on or
before | ||
the twentieth day of the following calendar month, stating: | ||
1. The name of the seller; | ||
2. The address of the principal place of business from | ||
which he engages
in business as a serviceman in this State; | ||
3. The total amount of taxable receipts received by him | ||
during the
preceding calendar month, including receipts | ||
from charge and time sales,
but less all deductions allowed | ||
by law; | ||
4. The amount of credit provided in Section 2d of this | ||
Act; | ||
5. The amount of tax due; | ||
5-5. The signature of the taxpayer; and | ||
6. Such other reasonable information as the Department | ||
may
require. | ||
If a taxpayer fails to sign a return within 30 days after | ||
the proper notice
and demand for signature by the Department, | ||
the return shall be considered
valid and any amount shown to be | ||
due on the return shall be deemed assessed. | ||
Beginning October 1, 1993, a taxpayer who has an average | ||
monthly tax
liability of $150,000 or more shall make all | ||
payments required by rules of
the Department by electronic | ||
funds transfer. Beginning October 1, 1994, a
taxpayer who has | ||
an average monthly tax liability of $100,000 or more shall
make | ||
all payments required by rules of the Department by electronic |
funds
transfer. Beginning October 1, 1995, a taxpayer who has | ||
an average monthly
tax liability of $50,000 or more shall make | ||
all payments required by rules
of the Department by electronic | ||
funds transfer.
Beginning October 1, 2000, a taxpayer who has | ||
an annual tax liability of
$200,000 or more shall make all | ||
payments required by rules of the Department by
electronic | ||
funds transfer. The term "annual tax liability" shall be the | ||
sum of
the taxpayer's liabilities under this Act, and under all | ||
other State and local
occupation and use tax laws administered | ||
by the Department, for the immediately
preceding calendar year.
| ||
The term "average monthly tax
liability" means the sum of the | ||
taxpayer's liabilities under this Act, and
under all other | ||
State and local occupation and use tax laws administered by the
| ||
Department, for the immediately preceding calendar year | ||
divided by 12.
Beginning on October 1, 2002, a taxpayer who has | ||
a tax liability in the
amount set forth in subsection (b) of | ||
Section 2505-210 of the Department of
Revenue Law shall make | ||
all payments required by rules of the Department by
electronic | ||
funds transfer. | ||
Before August 1 of each year beginning in 1993, the | ||
Department shall
notify all taxpayers required to make payments | ||
by electronic funds transfer.
All taxpayers required to make | ||
payments by electronic funds transfer shall
make those payments | ||
for a minimum of one year beginning on October 1. | ||
Any taxpayer not required to make payments by electronic | ||
funds transfer
may make payments by electronic funds transfer |
with the permission of the
Department. | ||
All taxpayers required to make payment by electronic funds | ||
transfer and
any taxpayers authorized to voluntarily make | ||
payments by electronic funds
transfer shall make those payments | ||
in the manner authorized by the Department. | ||
The Department shall adopt such rules as are necessary to | ||
effectuate a
program of electronic funds transfer and the | ||
requirements of this Section. | ||
If the serviceman is otherwise required to file a monthly | ||
return and
if the serviceman's average monthly tax liability to | ||
the Department
does not exceed $200, the Department may | ||
authorize his returns to be
filed on a quarter annual basis, | ||
with the return for January, February
and March of a given year | ||
being due by April 20 of such year; with the
return for April, | ||
May and June of a given year being due by July 20 of
such year; | ||
with the return for July, August and September of a given
year | ||
being due by October 20 of such year, and with the return for
| ||
October, November and December of a given year being due by | ||
January 20
of the following year. | ||
If the serviceman is otherwise required to file a monthly | ||
or quarterly
return and if the serviceman's average monthly tax | ||
liability to the Department
does not exceed $50, the Department | ||
may authorize his returns to be
filed on an annual basis, with | ||
the return for a given year being due by
January 20 of the | ||
following year. | ||
Such quarter annual and annual returns, as to form and |
substance,
shall be subject to the same requirements as monthly | ||
returns. | ||
Notwithstanding any other provision in this Act concerning | ||
the time
within which a serviceman may file his return, in the | ||
case of any
serviceman who ceases to engage in a kind of | ||
business which makes him
responsible for filing returns under | ||
this Act, such serviceman shall
file a final return under this | ||
Act with the Department not more than 1
month after | ||
discontinuing such business. | ||
Where a serviceman collects the tax with respect to the | ||
selling price of
property which he sells and the purchaser | ||
thereafter returns such
property and the serviceman refunds the | ||
selling price thereof to the
purchaser, such serviceman shall | ||
also refund, to the purchaser, the tax
so collected from the | ||
purchaser. When filing his return for the period
in which he | ||
refunds such tax to the purchaser, the serviceman may deduct
| ||
the amount of the tax so refunded by him to the purchaser from | ||
any other
Service Use Tax, Service Occupation Tax, retailers' | ||
occupation tax or
use tax which such serviceman may be required | ||
to pay or remit to the
Department, as shown by such return, | ||
provided that the amount of the tax
to be deducted shall | ||
previously have been remitted to the Department by
such | ||
serviceman. If the serviceman shall not previously have | ||
remitted
the amount of such tax to the Department, he shall be | ||
entitled to no
deduction hereunder upon refunding such tax to | ||
the purchaser. |
Any serviceman filing a return hereunder shall also include | ||
the total
tax upon the selling price of tangible personal | ||
property purchased for use
by him as an incident to a sale of | ||
service, and such serviceman shall remit
the amount of such tax | ||
to the Department when filing such return. | ||
If experience indicates such action to be practicable, the | ||
Department
may prescribe and furnish a combination or joint | ||
return which will
enable servicemen, who are required to file | ||
returns hereunder and also
under the Service Occupation Tax | ||
Act, to furnish all the return
information required by both | ||
Acts on the one form. | ||
Where the serviceman has more than one business registered | ||
with the
Department under separate registration hereunder, | ||
such serviceman shall
not file each return that is due as a | ||
single return covering all such
registered businesses, but | ||
shall file separate returns for each such
registered business. | ||
Beginning January 1, 1990, each month the Department shall | ||
pay into
the State and Local Tax Reform Fund, a special fund in | ||
the State Treasury,
the net revenue realized for the preceding | ||
month from the 1% tax on sales
of food for human consumption | ||
which is to be consumed off the premises
where it is sold | ||
(other than alcoholic beverages, soft drinks and food
which has | ||
been prepared for immediate consumption) and prescription and
| ||
nonprescription medicines, drugs, medical appliances, products | ||
classified as Class III medical devices, by the United States | ||
Food and Drug Administration that are used for cancer treatment |
pursuant to a prescription, as well as any accessories and | ||
components related to those devices, and insulin, urine
testing | ||
materials, syringes and needles used by diabetics. | ||
Beginning January 1, 1990, each month the Department shall | ||
pay into
the State and Local Sales Tax Reform Fund 20% of the | ||
net revenue realized
for the preceding month from the 6.25% | ||
general rate on transfers of
tangible personal property, other | ||
than tangible personal property which is
purchased outside | ||
Illinois at retail from a retailer and which is titled or
| ||
registered by an agency of this State's government. | ||
Beginning August 1, 2000, each
month the Department shall | ||
pay into the
State and Local Sales Tax Reform Fund 100% of the | ||
net revenue realized for the
preceding
month from the 1.25% | ||
rate on the selling price of motor fuel and gasohol. | ||
Beginning October 1, 2009, each month the Department shall | ||
pay into the Capital Projects Fund an amount that is equal to | ||
an amount estimated by the Department to represent 80% of the | ||
net revenue realized for the preceding month from the sale of | ||
candy, grooming and hygiene products, and soft drinks that had | ||
been taxed at a rate of 1% prior to September 1, 2009 but that | ||
are now taxed at 6.25%. | ||
Beginning July 1, 2013, each month the Department shall pay | ||
into the Underground Storage Tank Fund from the proceeds | ||
collected under this Act, the Use Tax Act, the Service | ||
Occupation Tax Act, and the Retailers' Occupation Tax Act an | ||
amount equal to the average monthly deficit in the Underground |
Storage Tank Fund during the prior year, as certified annually | ||
by the Illinois Environmental Protection Agency, but the total | ||
payment into the Underground Storage Tank Fund under this Act, | ||
the Use Tax Act, the Service Occupation Tax Act, and the | ||
Retailers' Occupation Tax Act shall not exceed $18,000,000 in | ||
any State fiscal year. As used in this paragraph, the "average | ||
monthly deficit" shall be equal to the difference between the | ||
average monthly claims for payment by the fund and the average | ||
monthly revenues deposited into the fund, excluding payments | ||
made pursuant to this paragraph. | ||
Beginning July 1, 2015, of the remainder of the moneys | ||
received by the Department under the Use Tax Act, this Act, the | ||
Service Occupation Tax Act, and the Retailers' Occupation Tax | ||
Act, each month the Department shall deposit $500,000 into the | ||
State Crime Laboratory Fund. | ||
Of the remainder of the moneys received by the Department | ||
pursuant
to this Act, (a) 1.75% thereof shall be paid into the | ||
Build
Illinois Fund and (b) prior to July 1, 1989, 2.2% and on | ||
and after July 1,
1989, 3.8% thereof shall be paid into the | ||
Build Illinois Fund; provided,
however, that if in any fiscal | ||
year the sum of (1) the aggregate of 2.2% or
3.8%, as the case | ||
may be, of the moneys received by the Department and
required | ||
to be paid into the Build Illinois Fund pursuant to Section 3 | ||
of
the Retailers' Occupation Tax Act, Section 9 of the Use Tax | ||
Act, Section 9
of the Service Use Tax Act, and Section 9 of the | ||
Service Occupation Tax
Act, such Acts being hereinafter called |
the "Tax Acts" and such aggregate
of 2.2% or 3.8%, as the case | ||
may be, of moneys being hereinafter called the
"Tax Act | ||
Amount", and (2) the amount transferred to the Build Illinois | ||
Fund
from the State and Local Sales Tax Reform Fund shall be | ||
less than the
Annual Specified Amount (as defined in Section 3 | ||
of the Retailers'
Occupation Tax Act), an amount equal to the | ||
difference shall be immediately
paid into the Build Illinois | ||
Fund from other moneys received by the
Department pursuant to | ||
the Tax Acts; and further provided, that if on the
last | ||
business day of any month the sum of (1) the Tax Act Amount | ||
required
to be deposited into the Build Illinois Bond Account | ||
in the Build Illinois
Fund during such month and (2) the amount | ||
transferred during such month to
the Build Illinois Fund from | ||
the State and Local Sales Tax Reform Fund
shall have been less | ||
than 1/12 of the Annual Specified Amount, an amount
equal to | ||
the difference shall be immediately paid into the Build | ||
Illinois
Fund from other moneys received by the Department | ||
pursuant to the Tax Acts;
and, further provided, that in no | ||
event shall the payments required under
the preceding proviso | ||
result in aggregate payments into the Build Illinois
Fund | ||
pursuant to this clause (b) for any fiscal year in excess of | ||
the
greater of (i) the Tax Act Amount or (ii) the Annual | ||
Specified Amount for
such fiscal year; and, further provided, | ||
that the amounts payable into the
Build Illinois Fund under | ||
this clause (b) shall be payable only until such
time as the | ||
aggregate amount on deposit under each trust indenture securing
|
Bonds issued and outstanding pursuant to the Build Illinois | ||
Bond Act is
sufficient, taking into account any future | ||
investment income, to fully
provide, in accordance with such | ||
indenture, for the defeasance of or the
payment of the | ||
principal of, premium, if any, and interest on the Bonds
| ||
secured by such indenture and on any Bonds expected to be | ||
issued thereafter
and all fees and costs payable with respect | ||
thereto, all as certified by
the Director of the
Bureau of the | ||
Budget (now Governor's Office of Management and Budget). If
on | ||
the last business day of
any month in which Bonds are | ||
outstanding pursuant to the Build Illinois
Bond Act, the | ||
aggregate of the moneys deposited in the Build Illinois Bond
| ||
Account in the Build Illinois Fund in such month shall be less | ||
than the
amount required to be transferred in such month from | ||
the Build Illinois
Bond Account to the Build Illinois Bond | ||
Retirement and Interest Fund
pursuant to Section 13 of the | ||
Build Illinois Bond Act, an amount equal to
such deficiency | ||
shall be immediately paid from other moneys received by the
| ||
Department pursuant to the Tax Acts to the Build Illinois Fund; | ||
provided,
however, that any amounts paid to the Build Illinois | ||
Fund in any fiscal
year pursuant to this sentence shall be | ||
deemed to constitute payments
pursuant to clause (b) of the | ||
preceding sentence and shall reduce the
amount otherwise | ||
payable for such fiscal year pursuant to clause (b) of the
| ||
preceding sentence. The moneys received by the Department | ||
pursuant to this
Act and required to be deposited into the |
Build Illinois Fund are subject
to the pledge, claim and charge | |||||||||||||||||||||||||||||||||||
set forth in Section 12 of the Build Illinois
Bond Act. | |||||||||||||||||||||||||||||||||||
Subject to payment of amounts into the Build Illinois Fund | |||||||||||||||||||||||||||||||||||
as provided in
the preceding paragraph or in any amendment | |||||||||||||||||||||||||||||||||||
thereto hereafter enacted, the
following specified monthly | |||||||||||||||||||||||||||||||||||
installment of the amount requested in the
certificate of the | |||||||||||||||||||||||||||||||||||
Chairman of the Metropolitan Pier and Exposition
Authority | |||||||||||||||||||||||||||||||||||
provided under Section 8.25f of the State Finance Act, but not | |||||||||||||||||||||||||||||||||||
in
excess of the sums designated as "Total Deposit", shall be | |||||||||||||||||||||||||||||||||||
deposited in the
aggregate from collections under Section 9 of | |||||||||||||||||||||||||||||||||||
the Use Tax Act, Section 9 of
the Service Use Tax Act, Section | |||||||||||||||||||||||||||||||||||
9 of the Service Occupation Tax Act, and
Section 3 of the | |||||||||||||||||||||||||||||||||||
Retailers' Occupation Tax Act into the McCormick Place
| |||||||||||||||||||||||||||||||||||
Expansion Project Fund in the specified fiscal years. | |||||||||||||||||||||||||||||||||||
|
|
| ||||||||||||||||||||||||||||||||||||||
Beginning July 20, 1993 and in each month of each fiscal | ||||||||||||||||||||||||||||||||||||||
year thereafter,
one-eighth of the amount requested in the | ||||||||||||||||||||||||||||||||||||||
certificate of the Chairman of
the Metropolitan Pier and | ||||||||||||||||||||||||||||||||||||||
Exposition Authority for that fiscal year, less
the amount | ||||||||||||||||||||||||||||||||||||||
deposited into the McCormick Place Expansion Project Fund by | ||||||||||||||||||||||||||||||||||||||
the
State Treasurer in the respective month under subsection | ||||||||||||||||||||||||||||||||||||||
(g) of Section 13
of the Metropolitan Pier and Exposition | ||||||||||||||||||||||||||||||||||||||
Authority Act, plus cumulative
deficiencies in the deposits | ||||||||||||||||||||||||||||||||||||||
required under this Section for previous
months and years, | ||||||||||||||||||||||||||||||||||||||
shall be deposited into the McCormick Place Expansion
Project | ||||||||||||||||||||||||||||||||||||||
Fund, until the full amount requested for the fiscal year, but | ||||||||||||||||||||||||||||||||||||||
not
in excess of the amount specified above as "Total Deposit", | ||||||||||||||||||||||||||||||||||||||
has been deposited. | ||||||||||||||||||||||||||||||||||||||
Subject to payment of amounts into the Build Illinois Fund |
and the
McCormick Place Expansion Project Fund
pursuant to the | ||
preceding paragraphs or in any amendments thereto hereafter
| ||
enacted, beginning July 1, 1993 and ending on September 30, | ||
2013, the Department shall each month pay into the
Illinois Tax | ||
Increment Fund 0.27% of 80% of the net revenue realized for the
| ||
preceding month from the 6.25% general rate on the selling | ||
price of tangible
personal property. | ||
Subject to payment of amounts into the Build Illinois Fund | ||
and the
McCormick Place Expansion Project Fund pursuant to the | ||
preceding paragraphs or
in any
amendments thereto hereafter | ||
enacted, beginning with the receipt of the first
report of | ||
taxes paid by an eligible business and continuing for a 25-year
| ||
period, the Department shall each month pay into the Energy | ||
Infrastructure
Fund 80% of the net revenue realized from the | ||
6.25% general rate on the
selling price of Illinois-mined coal | ||
that was sold to an eligible business.
For purposes of this | ||
paragraph, the term "eligible business" means a new
electric | ||
generating facility certified pursuant to Section 605-332 of | ||
the
Department of Commerce and
Economic Opportunity Law of the | ||
Civil Administrative
Code of Illinois. | ||
Subject to payment of amounts into the Build Illinois Fund, | ||
the McCormick Place Expansion Project Fund, the Illinois Tax | ||
Increment Fund, and the Energy Infrastructure Fund pursuant to | ||
the preceding paragraphs or in any amendments to this Section | ||
hereafter enacted, beginning on the first day of the first | ||
calendar month to occur on or after August 26, 2014 ( the |
effective date of Public Act 98-1098) this amendatory Act of | ||
the 98th General Assembly , each month, from the collections | ||
made under Section 9 of the Use Tax Act, Section 9 of the | ||
Service Use Tax Act, Section 9 of the Service Occupation Tax | ||
Act, and Section 3 of the Retailers' Occupation Tax Act, the | ||
Department shall pay into the Tax Compliance and Administration | ||
Fund, to be used, subject to appropriation, to fund additional | ||
auditors and compliance personnel at the Department of Revenue, | ||
an amount equal to 1/12 of 5% of 80% of the cash receipts | ||
collected during the preceding fiscal year by the Audit Bureau | ||
of the Department under the Use Tax Act, the Service Use Tax | ||
Act, the Service Occupation Tax Act, the Retailers' Occupation | ||
Tax Act, and associated local occupation and use taxes | ||
administered by the Department. | ||
Subject to payments of amounts into the Build Illinois | ||
Fund, the McCormick Place Expansion Project Fund, the Illinois | ||
Tax Increment Fund, the Energy Infrastructure Fund, and the Tax | ||
Compliance and Administration Fund as provided in this Section, | ||
beginning on July 1, 2018 the Department shall pay each month | ||
into the Downstate Public Transportation Fund the moneys | ||
required to be so paid under Section 2-3 of the Downstate | ||
Public Transportation Act. | ||
Of the remainder of the moneys received by the Department | ||
pursuant to this
Act, 75% thereof shall be paid into the | ||
General Revenue Fund of the State Treasury and 25% shall be | ||
reserved in a special account and used only for the transfer to |
the Common School Fund as part of the monthly transfer from the | ||
General Revenue Fund in accordance with Section 8a of the State | ||
Finance Act. | ||
As soon as possible after the first day of each month, upon | ||
certification
of the Department of Revenue, the Comptroller | ||
shall order transferred and
the Treasurer shall transfer from | ||
the General Revenue Fund to the Motor
Fuel Tax Fund an amount | ||
equal to 1.7% of 80% of the net revenue realized
under this Act | ||
for the second preceding month.
Beginning April 1, 2000, this | ||
transfer is no longer required
and shall not be made. | ||
Net revenue realized for a month shall be the revenue | ||
collected by the State
pursuant to this Act, less the amount | ||
paid out during that month as refunds
to taxpayers for | ||
overpayment of liability. | ||
(Source: P.A. 99-352, eff. 8-12-15; 99-858, eff. 8-19-16; | ||
100-303, eff. 8-24-17; 100-363, eff. 7-1-18; revised 1-22-18.) | ||
Section 210. The Service Occupation Tax Act is amended by | ||
changing Sections 2 and 9 as follows:
| ||
(35 ILCS 115/2) (from Ch. 120, par. 439.102)
| ||
Sec. 2. In this Act: | ||
"Transfer" means any transfer of the title to property or | ||
of
the ownership of property whether or not the transferor | ||
retains title as
security for the payment of amounts due him | ||
from the transferee.
|
"Cost Price" means the consideration paid by the serviceman | ||
for a
purchase valued in money, whether paid in money or | ||
otherwise, including
cash, credits and services, and shall be | ||
determined without any deduction
on account of the supplier's | ||
cost of the property sold or on account of any
other expense | ||
incurred by the supplier. When a serviceman contracts out
part | ||
or all of the services required in his sale of service, it | ||
shall be
presumed that the cost price to the serviceman of the | ||
property
transferred to him by his or her subcontractor is | ||
equal to 50% of the
subcontractor's charges to the serviceman | ||
in the absence of proof of the
consideration paid by the | ||
subcontractor for the purchase of such
property.
| ||
"Department" means the Department of Revenue.
| ||
"Person" means any natural individual, firm, partnership, | ||
association, joint
stock company, joint venture, public or | ||
private corporation, limited liability
company, and any | ||
receiver, executor, trustee, guardian or other representative
| ||
appointed by order of any court.
| ||
"Sale of Service" means any transaction except:
| ||
(a) A retail sale of tangible personal property taxable | ||
under the Retailers'
Occupation Tax Act or under the Use Tax | ||
Act.
| ||
(b) A sale of tangible personal property for the purpose of | ||
resale made in
compliance with Section 2c of the Retailers' | ||
Occupation Tax Act.
| ||
(c) Except as hereinafter provided, a sale or transfer of |
tangible personal
property as an incident to the rendering of | ||
service for or by any governmental
body or for or by any | ||
corporation, society, association, foundation or
institution | ||
organized and operated exclusively for charitable, religious | ||
or
educational purposes or any not-for-profit corporation, | ||
society, association,
foundation, institution or organization | ||
which has no compensated officers or
employees and which is | ||
organized and operated primarily for the recreation of
persons | ||
55 years of age or older. A limited liability company may | ||
qualify for
the exemption under this paragraph only if the | ||
limited liability company is
organized and operated | ||
exclusively for educational purposes.
| ||
(d) (Blank).
| ||
(d-1) A sale or transfer of tangible personal
property as | ||
an incident to
the rendering of service for owners, lessors or | ||
shippers of tangible personal
property which is utilized by | ||
interstate carriers for hire for use as rolling
stock moving in | ||
interstate commerce, and equipment operated
by a | ||
telecommunications provider, licensed as a common carrier by | ||
the
Federal Communications Commission, which is permanently | ||
installed in or
affixed to aircraft moving in interstate | ||
commerce.
| ||
(d-1.1) On and after July 1, 2003 and through June 30, | ||
2004, a sale or transfer of a motor vehicle
of the
second | ||
division with a gross vehicle weight in excess of 8,000 pounds | ||
as an
incident to the rendering of service if that motor
|
vehicle is subject
to the commercial distribution fee imposed | ||
under Section 3-815.1 of the
Illinois Vehicle
Code. Beginning | ||
on July 1, 2004 and through June 30, 2005, the use in this | ||
State of motor vehicles of the second division: (i) with a | ||
gross vehicle weight rating in excess of 8,000 pounds; (ii) | ||
that are subject to the commercial distribution fee imposed | ||
under Section 3-815.1 of the Illinois Vehicle Code; and (iii) | ||
that are primarily used for commercial purposes. Through June | ||
30, 2005, this exemption applies to repair and replacement | ||
parts added after the
initial
purchase of such a motor vehicle | ||
if that motor vehicle is used in a manner that
would
qualify | ||
for the rolling stock exemption otherwise provided for in this | ||
Act. For purposes of this paragraph, "used for commercial | ||
purposes" means the transportation of persons or property in | ||
furtherance of any commercial or industrial enterprise whether | ||
for-hire or not.
| ||
(d-2) The repairing, reconditioning or remodeling, for a | ||
common carrier by
rail, of tangible personal property which | ||
belongs to such carrier for hire, and
as to which such carrier | ||
receives the physical possession of the repaired,
| ||
reconditioned or remodeled item of tangible personal property | ||
in Illinois, and
which such carrier transports, or shares with | ||
another common carrier in the
transportation of such property, | ||
out of Illinois on a standard uniform bill of
lading showing | ||
the person who repaired, reconditioned or remodeled the | ||
property
as the shipper or consignor of such property to a |
destination outside Illinois,
for use outside Illinois.
| ||
(d-3) A sale or transfer of tangible personal property | ||
which
is produced by the seller thereof on special order in | ||
such a way as to have
made the applicable tax the Service | ||
Occupation Tax or the Service Use Tax,
rather than the | ||
Retailers' Occupation Tax or the Use Tax, for an interstate
| ||
carrier by rail which receives the physical possession of such | ||
property in
Illinois, and which transports such property, or | ||
shares with another common
carrier in the transportation of | ||
such property, out of Illinois on a standard
uniform bill of | ||
lading showing the seller of the property as the shipper or
| ||
consignor of such property to a destination outside Illinois, | ||
for use outside
Illinois.
| ||
(d-4) Until January 1, 1997, a sale, by a registered | ||
serviceman paying tax
under this Act to the Department, of | ||
special order printed materials delivered
outside Illinois and | ||
which are not returned to this State, if delivery is made
by | ||
the seller or agent of the seller, including an agent who | ||
causes the product
to be delivered outside Illinois by a common | ||
carrier or the U.S.
postal service.
| ||
(e) A sale or transfer of machinery and equipment used | ||
primarily in
the process of the manufacturing or assembling, | ||
either in an existing, an
expanded or a new manufacturing | ||
facility, of tangible personal property for
wholesale or retail | ||
sale or lease, whether such sale or lease is made directly
by | ||
the manufacturer or by some other person, whether the materials |
used in the
process are owned by the manufacturer or some other | ||
person, or whether such
sale or lease is made apart from or as | ||
an incident to the seller's engaging in
a service occupation | ||
and the applicable tax is a Service Occupation Tax or
Service | ||
Use Tax, rather than Retailers' Occupation Tax or Use Tax. The | ||
exemption provided by this paragraph (e) does not include | ||
machinery and equipment used in (i) the generation of | ||
electricity for wholesale or retail sale; (ii) the generation | ||
or treatment of natural or artificial gas for wholesale or | ||
retail sale that is delivered to customers through pipes, | ||
pipelines, or mains; or (iii) the treatment of water for | ||
wholesale or retail sale that is delivered to customers through | ||
pipes, pipelines, or mains. The provisions of Public Act 98-583 | ||
this amendatory Act of the 98th General Assembly are | ||
declaratory of existing law as to the meaning and scope of this | ||
exemption. The exemption under this subsection (e) is exempt | ||
from the provisions of Section 3-75.
| ||
(f) Until July 1, 2003, the sale or transfer of | ||
distillation
machinery
and equipment, sold as a
unit or kit and | ||
assembled or installed by the retailer, which machinery
and | ||
equipment is certified by the user to be used only for the | ||
production
of ethyl alcohol that will be used for consumption | ||
as motor fuel or as a
component of motor fuel for the personal | ||
use of such user and not subject
to sale or resale.
| ||
(g) At the election of any serviceman not required to be | ||
otherwise
registered as a retailer under Section 2a of the |
Retailers' Occupation Tax Act,
made for each fiscal year sales | ||
of service in which the aggregate annual cost
price of tangible | ||
personal property transferred as an incident to the sales of
| ||
service is less than 35% (75% in the case of servicemen | ||
transferring
prescription drugs or servicemen engaged in | ||
graphic arts production) of the
aggregate annual total gross | ||
receipts from all sales of service. The purchase
of such | ||
tangible personal property by the serviceman shall be subject | ||
to tax
under the Retailers' Occupation Tax Act and the Use Tax | ||
Act.
However, if a
primary serviceman who has made the election | ||
described in this paragraph
subcontracts service work to a | ||
secondary serviceman who has also made the
election described | ||
in this paragraph, the primary serviceman does not
incur a Use | ||
Tax liability if the secondary serviceman (i) has paid or will | ||
pay
Use
Tax on his or her cost price of any tangible personal | ||
property transferred
to the primary serviceman and (ii) | ||
certifies that fact in writing to the
primary serviceman.
| ||
Tangible personal property transferred incident to the | ||
completion of a
maintenance agreement is exempt from the tax | ||
imposed pursuant to this Act.
| ||
Exemption (e) also includes machinery and equipment used in | ||
the
general maintenance or repair of such exempt machinery and | ||
equipment or for
in-house manufacture of exempt machinery and | ||
equipment.
On and after July 1, 2017, exemption (e) also
| ||
includes graphic arts machinery and equipment, as
defined in | ||
paragraph (5) of Section 3-5. The machinery and equipment |
exemption does not include machinery and equipment used in (i) | ||
the generation of electricity for wholesale or retail sale; | ||
(ii) the generation or treatment of natural or artificial gas | ||
for wholesale or retail sale that is delivered to customers | ||
through pipes, pipelines, or mains; or (iii) the treatment of | ||
water for wholesale or retail sale that is delivered to | ||
customers through pipes, pipelines, or mains. The provisions of | ||
Public Act 98-583 this amendatory Act of the 98th General | ||
Assembly are declaratory of existing law as to the meaning and | ||
scope of this exemption. For the purposes of exemption (e), | ||
each of these terms shall have the following
meanings: (1) | ||
"manufacturing process" shall mean the production of any
| ||
article of tangible personal property, whether such article is | ||
a
finished product or an article for use in the process of | ||
manufacturing
or assembling a different article of tangible | ||
personal property, by
procedures commonly regarded as | ||
manufacturing, processing, fabricating,
or refining which | ||
changes some existing material or materials into a
material | ||
with a different form, use or name. In relation to a
recognized | ||
integrated business composed of a series of operations which
| ||
collectively constitute manufacturing, or individually | ||
constitute
manufacturing operations, the manufacturing process | ||
shall be deemed to
commence with the first operation or stage | ||
of production in the series,
and shall not be deemed to end | ||
until the completion of the final product
in the last operation | ||
or stage of production in the series; and further for
purposes |
of exemption (e), photoprocessing is deemed to be a | ||
manufacturing
process of tangible personal property for | ||
wholesale or retail sale;
(2) "assembling process" shall mean | ||
the production of any article of
tangible personal property, | ||
whether such article is a finished product
or an article for | ||
use in the process of manufacturing or assembling a
different | ||
article of tangible personal property, by the combination of
| ||
existing materials in a manner commonly regarded as assembling | ||
which
results in a material of a different form, use or name; | ||
(3) "machinery"
shall mean major mechanical machines or major | ||
components of such machines
contributing to a manufacturing or | ||
assembling process; and (4) "equipment"
shall include any | ||
independent device or tool separate from any machinery but
| ||
essential to an integrated manufacturing or assembly process; | ||
including
computers used primarily in a manufacturer's | ||
computer
assisted design, computer assisted manufacturing | ||
(CAD/CAM) system; or any
subunit or assembly comprising a | ||
component of any machinery or auxiliary,
adjunct or attachment | ||
parts of machinery, such as tools, dies, jigs, fixtures,
| ||
patterns and molds; or any parts which require periodic | ||
replacement in the
course of normal operation; but shall not | ||
include hand tools. Equipment
includes chemicals or chemicals | ||
acting as catalysts but only if the chemicals
or chemicals | ||
acting as catalysts effect a direct and immediate change upon a
| ||
product being manufactured or assembled for wholesale or retail | ||
sale or lease.
The purchaser of such machinery and equipment
|
who has an active resale registration number shall furnish such | ||
number to
the seller at the time of purchase. The purchaser of | ||
such machinery and
equipment and tools without an active resale | ||
registration number shall furnish
to the seller a certificate | ||
of exemption for each transaction stating facts
establishing | ||
the exemption for that transaction, which certificate shall
be | ||
available to the Department for inspection or audit.
| ||
Except as provided in Section 2d of this Act, the rolling | ||
stock exemption
applies to rolling
stock
used by an interstate
| ||
carrier for hire, even just between points in Illinois, if such | ||
rolling
stock transports, for hire, persons whose journeys or | ||
property whose
shipments originate or terminate outside | ||
Illinois.
| ||
Any informal rulings, opinions or letters issued by the | ||
Department in
response to an inquiry or request for any opinion | ||
from any person
regarding the coverage and applicability of | ||
exemption (e) to specific
devices shall be published, | ||
maintained as a public record, and made
available for public | ||
inspection and copying. If the informal ruling,
opinion or | ||
letter contains trade secrets or other confidential
| ||
information, where possible the Department shall delete such | ||
information
prior to publication. Whenever such informal | ||
rulings, opinions, or
letters contain any policy of general | ||
applicability, the Department
shall formulate and adopt such | ||
policy as a rule in accordance with the
provisions of the | ||
Illinois Administrative Procedure Act.
|
On and after July 1, 1987, no entity otherwise eligible | ||
under exemption
(c) of this Section shall make tax-free tax | ||
free purchases unless it has an active
exemption identification | ||
number issued by the Department.
| ||
"Serviceman" means any person who is engaged in the | ||
occupation of
making sales of service.
| ||
"Sale at Retail" means "sale at retail" as defined in the | ||
Retailers'
Occupation Tax Act.
| ||
"Supplier" means any person who makes sales of tangible | ||
personal
property to servicemen for the purpose of resale as an | ||
incident to a
sale of service.
| ||
(Source: P.A. 100-22, eff. 7-6-17; 100-321, eff. 8-24-17; | ||
revised 9-27-17.)
| ||
(35 ILCS 115/9) (from Ch. 120, par. 439.109)
| ||
(Text of Section before amendment by P.A. 100-363 ) | ||
Sec. 9.
Each serviceman required or authorized to collect | ||
the tax
herein imposed shall pay to the Department the amount | ||
of such tax at the
time when he is required to file his return | ||
for the period during which
such tax was collectible, less a | ||
discount of 2.1% prior to
January 1, 1990, and 1.75% on and | ||
after January 1, 1990, or
$5 per calendar year, whichever is | ||
greater, which is allowed to reimburse
the serviceman for | ||
expenses incurred in collecting the tax, keeping
records, | ||
preparing and filing returns, remitting the tax and supplying | ||
data
to the Department on request. The discount allowed under |
this Section is allowed only for returns that are filed in the | ||
manner required by this Act. The Department may disallow the | ||
discount for servicemen whose certificate of registration is | ||
revoked at the time the return is filed, but only if the | ||
Department's decision to revoke the certificate of | ||
registration has become final. | ||
Where such tangible personal property is sold under a | ||
conditional
sales contract, or under any other form of sale | ||
wherein the payment of
the principal sum, or a part thereof, is | ||
extended beyond the close of
the period for which the return is | ||
filed, the serviceman, in collecting
the tax may collect, for | ||
each tax return period, only the tax applicable
to the part of | ||
the selling price actually received during such tax return
| ||
period. | ||
Except as provided hereinafter in this Section, on or | ||
before the twentieth
day of each calendar month, such | ||
serviceman shall file a
return for the preceding calendar month | ||
in accordance with reasonable
rules and regulations to be | ||
promulgated by the Department of Revenue.
Such return shall be | ||
filed on a form prescribed by the Department and
shall contain | ||
such information as the Department may reasonably require. On | ||
and after January 1, 2018, with respect to servicemen whose | ||
annual gross receipts average $20,000 or more, all returns | ||
required to be filed pursuant to this Act shall be filed | ||
electronically. Servicemen who demonstrate that they do not | ||
have access to the Internet or demonstrate hardship in filing |
electronically may petition the Department to waive the | ||
electronic filing requirement. | ||
The Department may require returns to be filed on a | ||
quarterly basis.
If so required, a return for each calendar | ||
quarter shall be filed on or
before the twentieth day of the | ||
calendar month following the end of such
calendar quarter. The | ||
taxpayer shall also file a return with the
Department for each | ||
of the first two months of each calendar quarter, on or
before | ||
the twentieth day of the following calendar month, stating: | ||
1. The name of the seller; | ||
2. The address of the principal place of business from | ||
which he engages
in business as a serviceman in this State; | ||
3. The total amount of taxable receipts received by him | ||
during the
preceding calendar month, including receipts | ||
from charge and time sales,
but less all deductions allowed | ||
by law; | ||
4. The amount of credit provided in Section 2d of this | ||
Act; | ||
5. The amount of tax due; | ||
5-5. The signature of the taxpayer; and | ||
6. Such other reasonable information as the Department | ||
may
require. | ||
If a taxpayer fails to sign a return within 30 days after | ||
the proper notice
and demand for signature by the Department, | ||
the return shall be considered
valid and any amount shown to be | ||
due on the return shall be deemed assessed. |
Prior to October 1, 2003, and on and after September 1, | ||
2004 a serviceman may accept a Manufacturer's
Purchase Credit | ||
certification
from a purchaser in satisfaction
of Service Use | ||
Tax as provided in Section 3-70 of the
Service Use Tax Act if | ||
the purchaser provides
the
appropriate
documentation as | ||
required by Section 3-70 of the Service Use Tax Act.
A | ||
Manufacturer's Purchase Credit certification, accepted prior | ||
to October 1,
2003 or on or after September 1, 2004 by a | ||
serviceman as
provided in Section 3-70 of the Service Use Tax | ||
Act, may be used by that
serviceman to satisfy Service | ||
Occupation Tax liability in the amount claimed in
the | ||
certification, not to exceed 6.25% of the receipts subject to | ||
tax from a
qualifying purchase. A Manufacturer's Purchase | ||
Credit reported on any
original or amended return
filed under
| ||
this Act after October 20, 2003 for reporting periods prior to | ||
September 1, 2004 shall be disallowed. Manufacturer's Purchase | ||
Credit reported on annual returns due on or after January 1, | ||
2005 will be disallowed for periods prior to September 1, 2004.
| ||
No Manufacturer's
Purchase Credit may be used after September | ||
30, 2003 through August 31, 2004 to
satisfy any
tax liability | ||
imposed under this Act, including any audit liability. | ||
If the serviceman's average monthly tax liability to
the | ||
Department does not exceed $200, the Department may authorize | ||
his
returns to be filed on a quarter annual basis, with the | ||
return for
January, February and March of a given year being | ||
due by April 20 of
such year; with the return for April, May |
and June of a given year being
due by July 20 of such year; with | ||
the return for July, August and
September of a given year being | ||
due by October 20 of such year, and with
the return for | ||
October, November and December of a given year being due
by | ||
January 20 of the following year. | ||
If the serviceman's average monthly tax liability to
the | ||
Department does not exceed $50, the Department may authorize | ||
his
returns to be filed on an annual basis, with the return for | ||
a given year
being due by January 20 of the following year. | ||
Such quarter annual and annual returns, as to form and | ||
substance,
shall be subject to the same requirements as monthly | ||
returns. | ||
Notwithstanding any other provision in this Act concerning | ||
the time within
which a serviceman may file his return, in the | ||
case of any serviceman who
ceases to engage in a kind of | ||
business which makes him responsible for filing
returns under | ||
this Act, such serviceman shall file a final return under this
| ||
Act with the Department not more than 1 month after | ||
discontinuing such
business. | ||
Beginning October 1, 1993, a taxpayer who has an average | ||
monthly tax
liability of $150,000 or more shall make all | ||
payments required by rules of the
Department by electronic | ||
funds transfer. Beginning October 1, 1994, a taxpayer
who has | ||
an average monthly tax liability of $100,000 or more shall make | ||
all
payments required by rules of the Department by electronic | ||
funds transfer.
Beginning October 1, 1995, a taxpayer who has |
an average monthly tax liability
of $50,000 or more shall make | ||
all payments required by rules of the Department
by electronic | ||
funds transfer. Beginning October 1, 2000, a taxpayer who has
| ||
an annual tax liability of $200,000 or more shall make all | ||
payments required by
rules of the Department by electronic | ||
funds transfer. The term "annual tax
liability" shall be the | ||
sum of the taxpayer's liabilities under this Act, and
under all | ||
other State and local occupation and use tax laws administered | ||
by the
Department, for the immediately preceding calendar year. | ||
The term "average
monthly tax liability" means
the sum of the | ||
taxpayer's liabilities under this Act, and under all other | ||
State
and local occupation and use tax laws administered by the | ||
Department, for the
immediately preceding calendar year | ||
divided by 12.
Beginning on October 1, 2002, a taxpayer who has | ||
a tax liability in the
amount set forth in subsection (b) of | ||
Section 2505-210 of the Department of
Revenue Law shall make | ||
all payments required by rules of the Department by
electronic | ||
funds transfer. | ||
Before August 1 of each year beginning in 1993, the | ||
Department shall
notify all taxpayers required to make payments | ||
by electronic funds transfer.
All taxpayers required to make | ||
payments by electronic funds transfer shall make
those payments | ||
for a minimum of one year beginning on October 1. | ||
Any taxpayer not required to make payments by electronic | ||
funds transfer may
make payments by electronic funds transfer | ||
with the
permission of the Department. |
All taxpayers required to make payment by electronic funds | ||
transfer and
any taxpayers authorized to voluntarily make | ||
payments by electronic funds
transfer shall make those payments | ||
in the manner authorized by the Department. | ||
The Department shall adopt such rules as are necessary to | ||
effectuate a
program of electronic funds transfer and the | ||
requirements of this Section. | ||
Where a serviceman collects the tax with respect to the | ||
selling price of
tangible personal property which he sells and | ||
the purchaser thereafter returns
such tangible personal | ||
property and the serviceman refunds the
selling price thereof | ||
to the purchaser, such serviceman shall also refund,
to the | ||
purchaser, the tax so collected from the purchaser. When
filing | ||
his return for the period in which he refunds such tax to the
| ||
purchaser, the serviceman may deduct the amount of the tax so | ||
refunded by
him to the purchaser from any other Service | ||
Occupation Tax, Service Use
Tax, Retailers' Occupation Tax or | ||
Use Tax which such serviceman may be
required to pay or remit | ||
to the Department, as shown by such return,
provided that the | ||
amount of the tax to be deducted shall previously have
been | ||
remitted to the Department by such serviceman. If the | ||
serviceman shall
not previously have remitted the amount of | ||
such tax to the Department,
he shall be entitled to no | ||
deduction hereunder upon refunding such tax
to the purchaser. | ||
If experience indicates such action to be practicable, the | ||
Department
may prescribe and furnish a combination or joint |
return which will
enable servicemen, who are required to file | ||
returns
hereunder and also under the Retailers' Occupation Tax | ||
Act, the Use
Tax Act or the Service Use Tax Act, to furnish all | ||
the return
information required by all said Acts on the one | ||
form. | ||
Where the serviceman has more than one business
registered | ||
with the Department under separate registrations hereunder,
| ||
such serviceman shall file separate returns for each
registered | ||
business. | ||
Beginning January 1, 1990, each month the Department shall | ||
pay into
the Local Government Tax Fund the revenue realized for | ||
the
preceding month from the 1% tax on sales of food for human | ||
consumption
which is to be consumed off the premises where it | ||
is sold (other than
alcoholic beverages, soft drinks and food | ||
which has been prepared for
immediate consumption) and | ||
prescription and nonprescription medicines,
drugs, medical | ||
appliances, products classified as Class III medical devices by | ||
the United States Food and Drug Administration that are used | ||
for cancer treatment pursuant to a prescription, as well as any | ||
accessories and components related to those devices, and | ||
insulin, urine testing materials, syringes
and needles used by | ||
diabetics. | ||
Beginning January 1, 1990, each month the Department shall | ||
pay into
the County and Mass Transit District Fund 4% of the | ||
revenue realized
for the preceding month from the 6.25% general | ||
rate. |
Beginning August 1, 2000, each
month the Department shall | ||
pay into the
County and Mass Transit District Fund 20% of the | ||
net revenue realized for the
preceding month from the 1.25% | ||
rate on the selling price of motor fuel and
gasohol. | ||
Beginning January 1, 1990, each month the Department shall | ||
pay into
the Local Government Tax Fund 16% of the revenue | ||
realized for the
preceding month from the 6.25% general rate on | ||
transfers of
tangible personal property. | ||
Beginning August 1, 2000, each
month the Department shall | ||
pay into the
Local Government Tax Fund 80% of the net revenue | ||
realized for the preceding
month from the 1.25% rate on the | ||
selling price of motor fuel and gasohol. | ||
Beginning October 1, 2009, each month the Department shall | ||
pay into the Capital Projects Fund an amount that is equal to | ||
an amount estimated by the Department to represent 80% of the | ||
net revenue realized for the preceding month from the sale of | ||
candy, grooming and hygiene products, and soft drinks that had | ||
been taxed at a rate of 1% prior to September 1, 2009 but that | ||
are now taxed at 6.25%. | ||
Beginning July 1, 2013, each month the Department shall pay | ||
into the Underground Storage Tank Fund from the proceeds | ||
collected under this Act, the Use Tax Act, the Service Use Tax | ||
Act, and the Retailers' Occupation Tax Act an amount equal to | ||
the average monthly deficit in the Underground Storage Tank | ||
Fund during the prior year, as certified annually by the | ||
Illinois Environmental Protection Agency, but the total |
payment into the Underground Storage Tank Fund under this Act, | ||
the Use Tax Act, the Service Use Tax Act, and the Retailers' | ||
Occupation Tax Act shall not exceed $18,000,000 in any State | ||
fiscal year. As used in this paragraph, the "average monthly | ||
deficit" shall be equal to the difference between the average | ||
monthly claims for payment by the fund and the average monthly | ||
revenues deposited into the fund, excluding payments made | ||
pursuant to this paragraph. | ||
Beginning July 1, 2015, of the remainder of the moneys | ||
received by the Department under the Use Tax Act, the Service | ||
Use Tax Act, this Act, and the Retailers' Occupation Tax Act, | ||
each month the Department shall deposit $500,000 into the State | ||
Crime Laboratory Fund. | ||
Of the remainder of the moneys received by the Department | ||
pursuant to
this Act, (a) 1.75% thereof shall be paid into the | ||
Build Illinois Fund and
(b) prior to July 1, 1989, 2.2% and on | ||
and after July 1, 1989, 3.8% thereof
shall be paid into the | ||
Build Illinois Fund; provided, however, that if in
any fiscal | ||
year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
| ||
may be, of the moneys received by the Department and required | ||
to be paid
into the Build Illinois Fund pursuant to Section 3 | ||
of the Retailers'
Occupation Tax Act, Section 9 of the Use Tax | ||
Act, Section 9 of the Service
Use Tax Act, and Section 9 of the | ||
Service Occupation Tax Act, such Acts
being hereinafter called | ||
the "Tax Acts" and such aggregate of 2.2% or 3.8%,
as the case | ||
may be, of moneys being hereinafter called the "Tax Act
|
Amount", and (2) the amount transferred to the Build Illinois | ||
Fund from the
State and Local Sales Tax Reform Fund shall be | ||
less than the Annual
Specified Amount (as defined in Section 3 | ||
of the Retailers' Occupation Tax
Act), an amount equal to the | ||
difference shall be immediately paid into the
Build Illinois | ||
Fund from other moneys received by the Department pursuant
to | ||
the Tax Acts; and further provided, that if on the last | ||
business day of
any month the sum of (1) the Tax Act Amount | ||
required to be deposited into
the Build Illinois Account in the | ||
Build Illinois Fund during such month and
(2) the amount | ||
transferred during such month to the Build Illinois Fund
from | ||
the State and Local Sales Tax Reform Fund shall have been less | ||
than
1/12 of the Annual Specified Amount, an amount equal to | ||
the difference
shall be immediately paid into the Build | ||
Illinois Fund from other moneys
received by the Department | ||
pursuant to the Tax Acts; and, further provided,
that in no | ||
event shall the payments required under the preceding proviso
| ||
result in aggregate payments into the Build Illinois Fund | ||
pursuant to this
clause (b) for any fiscal year in excess of | ||
the greater of (i) the Tax Act
Amount or (ii) the Annual | ||
Specified Amount for such fiscal year; and,
further provided, | ||
that the amounts payable into the Build Illinois Fund
under | ||
this clause (b) shall be payable only until such time as the
| ||
aggregate amount on deposit under each trust indenture securing | ||
Bonds
issued and outstanding pursuant to the Build Illinois | ||
Bond Act is
sufficient, taking into account any future |
investment income, to fully
provide, in accordance with such | ||
indenture, for the defeasance of or the
payment of the | ||
principal of, premium, if any, and interest on the Bonds
| ||
secured by such indenture and on any Bonds expected to be | ||
issued thereafter
and all fees and costs payable with respect | ||
thereto, all as certified by
the Director of the
Bureau of the | ||
Budget (now Governor's Office of Management and Budget). If
on | ||
the last business day of
any month in which Bonds are | ||
outstanding pursuant to the Build Illinois
Bond Act, the | ||
aggregate of the moneys deposited
in the Build Illinois Bond | ||
Account in the Build Illinois Fund in such month
shall be less | ||
than the amount required to be transferred in such month from
| ||
the Build Illinois Bond Account to the Build Illinois Bond | ||
Retirement and
Interest Fund pursuant to Section 13 of the | ||
Build Illinois Bond Act, an
amount equal to such deficiency | ||
shall be immediately paid
from other moneys received by the | ||
Department pursuant to the Tax Acts
to the Build Illinois Fund; | ||
provided, however, that any amounts paid to the
Build Illinois | ||
Fund in any fiscal year pursuant to this sentence shall be
| ||
deemed to constitute payments pursuant to clause (b) of the | ||
preceding
sentence and shall reduce the amount otherwise | ||
payable for such fiscal year
pursuant to clause (b) of the | ||
preceding sentence. The moneys received by
the Department | ||
pursuant to this Act and required to be deposited into the
| ||
Build Illinois Fund are subject to the pledge, claim and charge | ||
set forth
in Section 12 of the Build Illinois Bond Act. |
Subject to payment of amounts into the Build Illinois Fund | |||||||||||||||||||||||||||||||||||||||||
as provided in
the preceding paragraph or in any amendment | |||||||||||||||||||||||||||||||||||||||||
thereto hereafter enacted, the
following specified monthly | |||||||||||||||||||||||||||||||||||||||||
installment of the amount requested in the
certificate of the | |||||||||||||||||||||||||||||||||||||||||
Chairman of the Metropolitan Pier and Exposition
Authority | |||||||||||||||||||||||||||||||||||||||||
provided under Section 8.25f of the State Finance Act, but not | |||||||||||||||||||||||||||||||||||||||||
in
excess of the sums designated as "Total Deposit", shall be | |||||||||||||||||||||||||||||||||||||||||
deposited in the
aggregate from collections under Section 9 of | |||||||||||||||||||||||||||||||||||||||||
the Use Tax Act, Section 9 of
the Service Use Tax Act, Section | |||||||||||||||||||||||||||||||||||||||||
9 of the Service Occupation Tax Act, and
Section 3 of the | |||||||||||||||||||||||||||||||||||||||||
Retailers' Occupation Tax Act into the McCormick Place
| |||||||||||||||||||||||||||||||||||||||||
Expansion Project Fund in the specified fiscal years. | |||||||||||||||||||||||||||||||||||||||||
|
|
| ||||||||||||||||||||||||||||||||
Beginning July 20, 1993 and in each month of each fiscal | ||||||||||||||||||||||||||||||||
year thereafter,
one-eighth of the amount requested in the | ||||||||||||||||||||||||||||||||
certificate of the Chairman of
the Metropolitan Pier and | ||||||||||||||||||||||||||||||||
Exposition Authority for that fiscal year, less
the amount | ||||||||||||||||||||||||||||||||
deposited into the McCormick Place Expansion Project Fund by | ||||||||||||||||||||||||||||||||
the
State Treasurer in the respective month under subsection | ||||||||||||||||||||||||||||||||
(g) of Section 13
of the Metropolitan Pier and Exposition | ||||||||||||||||||||||||||||||||
Authority Act, plus cumulative
deficiencies in the deposits | ||||||||||||||||||||||||||||||||
required under this Section for previous
months and years, | ||||||||||||||||||||||||||||||||
shall be deposited into the McCormick Place Expansion
Project | ||||||||||||||||||||||||||||||||
Fund, until the full amount requested for the fiscal year, but | ||||||||||||||||||||||||||||||||
not
in excess of the amount specified above as "Total Deposit", | ||||||||||||||||||||||||||||||||
has been deposited. | ||||||||||||||||||||||||||||||||
Subject to payment of amounts into the Build Illinois Fund | ||||||||||||||||||||||||||||||||
and the
McCormick
Place Expansion Project Fund
pursuant to the | ||||||||||||||||||||||||||||||||
preceding paragraphs or in any amendments thereto hereafter
|
enacted, beginning July 1, 1993 and ending on September 30, | ||
2013, the Department shall each month pay into the
Illinois Tax | ||
Increment Fund 0.27% of 80% of the net revenue realized for the
| ||
preceding month from the 6.25% general rate on the selling | ||
price of tangible
personal property. | ||
Subject to payment of amounts into the Build Illinois Fund | ||
and the
McCormick Place Expansion Project Fund pursuant to the | ||
preceding paragraphs or in any
amendments thereto hereafter | ||
enacted, beginning with the receipt of the first
report of | ||
taxes paid by an eligible business and continuing for a 25-year
| ||
period, the Department shall each month pay into the Energy | ||
Infrastructure
Fund 80% of the net revenue realized from the | ||
6.25% general rate on the
selling price of Illinois-mined coal | ||
that was sold to an eligible business.
For purposes of this | ||
paragraph, the term "eligible business" means a new
electric | ||
generating facility certified pursuant to Section 605-332 of | ||
the
Department of Commerce and
Economic Opportunity Law of the | ||
Civil Administrative
Code of Illinois. | ||
Subject to payment of amounts into the Build Illinois Fund, | ||
the McCormick Place Expansion Project Fund, the Illinois Tax | ||
Increment Fund, and the Energy Infrastructure Fund pursuant to | ||
the preceding paragraphs or in any amendments to this Section | ||
hereafter enacted, beginning on the first day of the first | ||
calendar month to occur on or after August 26, 2014 ( the | ||
effective date of Public Act 98-1098) this amendatory Act of | ||
the 98th General Assembly , each month, from the collections |
made under Section 9 of the Use Tax Act, Section 9 of the | ||
Service Use Tax Act, Section 9 of the Service Occupation Tax | ||
Act, and Section 3 of the Retailers' Occupation Tax Act, the | ||
Department shall pay into the Tax Compliance and Administration | ||
Fund, to be used, subject to appropriation, to fund additional | ||
auditors and compliance personnel at the Department of Revenue, | ||
an amount equal to 1/12 of 5% of 80% of the cash receipts | ||
collected during the preceding fiscal year by the Audit Bureau | ||
of the Department under the Use Tax Act, the Service Use Tax | ||
Act, the Service Occupation Tax Act, the Retailers' Occupation | ||
Tax Act, and associated local occupation and use taxes | ||
administered by the Department. | ||
Of the remainder of the moneys received by the Department | ||
pursuant to this
Act, 75% shall be paid into the General | ||
Revenue Fund of the State Treasury and 25% shall be reserved in | ||
a special account and used only for the transfer to the Common | ||
School Fund as part of the monthly transfer from the General | ||
Revenue Fund in accordance with Section 8a of the State Finance | ||
Act. | ||
The Department may, upon separate written notice to a | ||
taxpayer,
require the taxpayer to prepare and file with the | ||
Department on a form
prescribed by the Department within not | ||
less than 60 days after receipt
of the notice an annual | ||
information return for the tax year specified in
the notice. | ||
Such annual return to the Department shall include a
statement | ||
of gross receipts as shown by the taxpayer's last Federal |
income
tax return. If the total receipts of the business as | ||
reported in the
Federal income tax return do not agree with the | ||
gross receipts reported to
the Department of Revenue for the | ||
same period, the taxpayer shall attach
to his annual return a | ||
schedule showing a reconciliation of the 2
amounts and the | ||
reasons for the difference. The taxpayer's annual
return to the | ||
Department shall also disclose the cost of goods sold by
the | ||
taxpayer during the year covered by such return, opening and | ||
closing
inventories of such goods for such year, cost of goods | ||
used from stock
or taken from stock and given away by the | ||
taxpayer during such year, pay
roll information of the | ||
taxpayer's business during such year and any
additional | ||
reasonable information which the Department deems would be
| ||
helpful in determining the accuracy of the monthly, quarterly | ||
or annual
returns filed by such taxpayer as hereinbefore | ||
provided for in this
Section. | ||
If the annual information return required by this Section | ||
is not
filed when and as required, the taxpayer shall be liable | ||
as follows: | ||
(i) Until January 1, 1994, the taxpayer shall be liable
| ||
for a penalty equal to 1/6 of 1% of the tax due from such | ||
taxpayer
under this Act during the period to be covered by | ||
the annual return
for each month or fraction of a month | ||
until such return is filed as
required, the penalty to be | ||
assessed and collected in the same manner
as any other | ||
penalty provided for in this Act. |
(ii) On and after January 1, 1994, the taxpayer shall | ||
be liable for a
penalty as described in Section 3-4 of the | ||
Uniform Penalty and Interest Act. | ||
The chief executive officer, proprietor, owner or highest | ||
ranking
manager shall sign the annual return to certify the | ||
accuracy of the
information contained therein. Any person who | ||
willfully signs the
annual return containing false or | ||
inaccurate information shall be guilty
of perjury and punished | ||
accordingly. The annual return form prescribed
by the | ||
Department shall include a warning that the person signing the
| ||
return may be liable for perjury. | ||
The foregoing portion of this Section concerning the filing | ||
of an
annual information return shall not apply to a serviceman | ||
who is not
required to file an income tax return with the | ||
United States Government. | ||
As soon as possible after the first day of each month, upon | ||
certification
of the Department of Revenue, the Comptroller | ||
shall order transferred and
the Treasurer shall transfer from | ||
the General Revenue Fund to the Motor
Fuel Tax Fund an amount | ||
equal to 1.7% of 80% of the net revenue realized
under this Act | ||
for the second preceding month.
Beginning April 1, 2000, this | ||
transfer is no longer required
and shall not be made. | ||
Net revenue realized for a month shall be the revenue | ||
collected by the State
pursuant to this Act, less the amount | ||
paid out during that month as
refunds to taxpayers for | ||
overpayment of liability. |
For greater simplicity of administration, it shall be | ||
permissible for
manufacturers, importers and wholesalers whose | ||
products are sold by numerous
servicemen in Illinois, and who | ||
wish to do so, to
assume the responsibility for accounting and | ||
paying to the Department
all tax accruing under this Act with | ||
respect to such sales, if the
servicemen who are affected do | ||
not make written objection to the
Department to this | ||
arrangement. | ||
(Source: P.A. 99-352, eff. 8-12-15; 99-858, eff. 8-19-16; | ||
100-303, eff. 8-24-17; revised 10-31-17) | ||
(Text of Section after amendment by P.A. 100-363 )
| ||
Sec. 9. Each serviceman required or authorized to collect | ||
the tax
herein imposed shall pay to the Department the amount | ||
of such tax at the
time when he is required to file his return | ||
for the period during which
such tax was collectible, less a | ||
discount of 2.1% prior to
January 1, 1990, and 1.75% on and | ||
after January 1, 1990, or
$5 per calendar year, whichever is | ||
greater, which is allowed to reimburse
the serviceman for | ||
expenses incurred in collecting the tax, keeping
records, | ||
preparing and filing returns, remitting the tax and supplying | ||
data
to the Department on request. The discount allowed under | ||
this Section is allowed only for returns that are filed in the | ||
manner required by this Act. The Department may disallow the | ||
discount for servicemen whose certificate of registration is | ||
revoked at the time the return is filed, but only if the |
Department's decision to revoke the certificate of | ||
registration has become final. | ||
Where such tangible personal property is sold under a | ||
conditional
sales contract, or under any other form of sale | ||
wherein the payment of
the principal sum, or a part thereof, is | ||
extended beyond the close of
the period for which the return is | ||
filed, the serviceman, in collecting
the tax may collect, for | ||
each tax return period, only the tax applicable
to the part of | ||
the selling price actually received during such tax return
| ||
period. | ||
Except as provided hereinafter in this Section, on or | ||
before the twentieth
day of each calendar month, such | ||
serviceman shall file a
return for the preceding calendar month | ||
in accordance with reasonable
rules and regulations to be | ||
promulgated by the Department of Revenue.
Such return shall be | ||
filed on a form prescribed by the Department and
shall contain | ||
such information as the Department may reasonably require. On | ||
and after January 1, 2018, with respect to servicemen whose | ||
annual gross receipts average $20,000 or more, all returns | ||
required to be filed pursuant to this Act shall be filed | ||
electronically. Servicemen who demonstrate that they do not | ||
have access to the Internet or demonstrate hardship in filing | ||
electronically may petition the Department to waive the | ||
electronic filing requirement. | ||
The Department may require returns to be filed on a | ||
quarterly basis.
If so required, a return for each calendar |
quarter shall be filed on or
before the twentieth day of the | ||
calendar month following the end of such
calendar quarter. The | ||
taxpayer shall also file a return with the
Department for each | ||
of the first two months of each calendar quarter, on or
before | ||
the twentieth day of the following calendar month, stating: | ||
1. The name of the seller; | ||
2. The address of the principal place of business from | ||
which he engages
in business as a serviceman in this State; | ||
3. The total amount of taxable receipts received by him | ||
during the
preceding calendar month, including receipts | ||
from charge and time sales,
but less all deductions allowed | ||
by law; | ||
4. The amount of credit provided in Section 2d of this | ||
Act; | ||
5. The amount of tax due; | ||
5-5. The signature of the taxpayer; and | ||
6. Such other reasonable information as the Department | ||
may
require. | ||
If a taxpayer fails to sign a return within 30 days after | ||
the proper notice
and demand for signature by the Department, | ||
the return shall be considered
valid and any amount shown to be | ||
due on the return shall be deemed assessed. | ||
Prior to October 1, 2003, and on and after September 1, | ||
2004 a serviceman may accept a Manufacturer's
Purchase Credit | ||
certification
from a purchaser in satisfaction
of Service Use | ||
Tax as provided in Section 3-70 of the
Service Use Tax Act if |
the purchaser provides
the
appropriate
documentation as | ||
required by Section 3-70 of the Service Use Tax Act.
A | ||
Manufacturer's Purchase Credit certification, accepted prior | ||
to October 1,
2003 or on or after September 1, 2004 by a | ||
serviceman as
provided in Section 3-70 of the Service Use Tax | ||
Act, may be used by that
serviceman to satisfy Service | ||
Occupation Tax liability in the amount claimed in
the | ||
certification, not to exceed 6.25% of the receipts subject to | ||
tax from a
qualifying purchase. A Manufacturer's Purchase | ||
Credit reported on any
original or amended return
filed under
| ||
this Act after October 20, 2003 for reporting periods prior to | ||
September 1, 2004 shall be disallowed. Manufacturer's Purchase | ||
Credit reported on annual returns due on or after January 1, | ||
2005 will be disallowed for periods prior to September 1, 2004.
| ||
No Manufacturer's
Purchase Credit may be used after September | ||
30, 2003 through August 31, 2004 to
satisfy any
tax liability | ||
imposed under this Act, including any audit liability. | ||
If the serviceman's average monthly tax liability to
the | ||
Department does not exceed $200, the Department may authorize | ||
his
returns to be filed on a quarter annual basis, with the | ||
return for
January, February and March of a given year being | ||
due by April 20 of
such year; with the return for April, May | ||
and June of a given year being
due by July 20 of such year; with | ||
the return for July, August and
September of a given year being | ||
due by October 20 of such year, and with
the return for | ||
October, November and December of a given year being due
by |
January 20 of the following year. | ||
If the serviceman's average monthly tax liability to
the | ||
Department does not exceed $50, the Department may authorize | ||
his
returns to be filed on an annual basis, with the return for | ||
a given year
being due by January 20 of the following year. | ||
Such quarter annual and annual returns, as to form and | ||
substance,
shall be subject to the same requirements as monthly | ||
returns. | ||
Notwithstanding any other provision in this Act concerning | ||
the time within
which a serviceman may file his return, in the | ||
case of any serviceman who
ceases to engage in a kind of | ||
business which makes him responsible for filing
returns under | ||
this Act, such serviceman shall file a final return under this
| ||
Act with the Department not more than 1 month after | ||
discontinuing such
business. | ||
Beginning October 1, 1993, a taxpayer who has an average | ||
monthly tax
liability of $150,000 or more shall make all | ||
payments required by rules of the
Department by electronic | ||
funds transfer. Beginning October 1, 1994, a taxpayer
who has | ||
an average monthly tax liability of $100,000 or more shall make | ||
all
payments required by rules of the Department by electronic | ||
funds transfer.
Beginning October 1, 1995, a taxpayer who has | ||
an average monthly tax liability
of $50,000 or more shall make | ||
all payments required by rules of the Department
by electronic | ||
funds transfer. Beginning October 1, 2000, a taxpayer who has
| ||
an annual tax liability of $200,000 or more shall make all |
payments required by
rules of the Department by electronic | ||
funds transfer. The term "annual tax
liability" shall be the | ||
sum of the taxpayer's liabilities under this Act, and
under all | ||
other State and local occupation and use tax laws administered | ||
by the
Department, for the immediately preceding calendar year. | ||
The term "average
monthly tax liability" means
the sum of the | ||
taxpayer's liabilities under this Act, and under all other | ||
State
and local occupation and use tax laws administered by the | ||
Department, for the
immediately preceding calendar year | ||
divided by 12.
Beginning on October 1, 2002, a taxpayer who has | ||
a tax liability in the
amount set forth in subsection (b) of | ||
Section 2505-210 of the Department of
Revenue Law shall make | ||
all payments required by rules of the Department by
electronic | ||
funds transfer. | ||
Before August 1 of each year beginning in 1993, the | ||
Department shall
notify all taxpayers required to make payments | ||
by electronic funds transfer.
All taxpayers required to make | ||
payments by electronic funds transfer shall make
those payments | ||
for a minimum of one year beginning on October 1. | ||
Any taxpayer not required to make payments by electronic | ||
funds transfer may
make payments by electronic funds transfer | ||
with the
permission of the Department. | ||
All taxpayers required to make payment by electronic funds | ||
transfer and
any taxpayers authorized to voluntarily make | ||
payments by electronic funds
transfer shall make those payments | ||
in the manner authorized by the Department. |
The Department shall adopt such rules as are necessary to | ||
effectuate a
program of electronic funds transfer and the | ||
requirements of this Section. | ||
Where a serviceman collects the tax with respect to the | ||
selling price of
tangible personal property which he sells and | ||
the purchaser thereafter returns
such tangible personal | ||
property and the serviceman refunds the
selling price thereof | ||
to the purchaser, such serviceman shall also refund,
to the | ||
purchaser, the tax so collected from the purchaser. When
filing | ||
his return for the period in which he refunds such tax to the
| ||
purchaser, the serviceman may deduct the amount of the tax so | ||
refunded by
him to the purchaser from any other Service | ||
Occupation Tax, Service Use
Tax, Retailers' Occupation Tax or | ||
Use Tax which such serviceman may be
required to pay or remit | ||
to the Department, as shown by such return,
provided that the | ||
amount of the tax to be deducted shall previously have
been | ||
remitted to the Department by such serviceman. If the | ||
serviceman shall
not previously have remitted the amount of | ||
such tax to the Department,
he shall be entitled to no | ||
deduction hereunder upon refunding such tax
to the purchaser. | ||
If experience indicates such action to be practicable, the | ||
Department
may prescribe and furnish a combination or joint | ||
return which will
enable servicemen, who are required to file | ||
returns
hereunder and also under the Retailers' Occupation Tax | ||
Act, the Use
Tax Act or the Service Use Tax Act, to furnish all | ||
the return
information required by all said Acts on the one |
form. | ||
Where the serviceman has more than one business
registered | ||
with the Department under separate registrations hereunder,
| ||
such serviceman shall file separate returns for each
registered | ||
business. | ||
Beginning January 1, 1990, each month the Department shall | ||
pay into
the Local Government Tax Fund the revenue realized for | ||
the
preceding month from the 1% tax on sales of food for human | ||
consumption
which is to be consumed off the premises where it | ||
is sold (other than
alcoholic beverages, soft drinks and food | ||
which has been prepared for
immediate consumption) and | ||
prescription and nonprescription medicines,
drugs, medical | ||
appliances, products classified as Class III medical devices by | ||
the United States Food and Drug Administration that are used | ||
for cancer treatment pursuant to a prescription, as well as any | ||
accessories and components related to those devices, and | ||
insulin, urine testing materials, syringes
and needles used by | ||
diabetics. | ||
Beginning January 1, 1990, each month the Department shall | ||
pay into
the County and Mass Transit District Fund 4% of the | ||
revenue realized
for the preceding month from the 6.25% general | ||
rate. | ||
Beginning August 1, 2000, each
month the Department shall | ||
pay into the
County and Mass Transit District Fund 20% of the | ||
net revenue realized for the
preceding month from the 1.25% | ||
rate on the selling price of motor fuel and
gasohol. |
Beginning January 1, 1990, each month the Department shall | ||
pay into
the Local Government Tax Fund 16% of the revenue | ||
realized for the
preceding month from the 6.25% general rate on | ||
transfers of
tangible personal property. | ||
Beginning August 1, 2000, each
month the Department shall | ||
pay into the
Local Government Tax Fund 80% of the net revenue | ||
realized for the preceding
month from the 1.25% rate on the | ||
selling price of motor fuel and gasohol. | ||
Beginning October 1, 2009, each month the Department shall | ||
pay into the Capital Projects Fund an amount that is equal to | ||
an amount estimated by the Department to represent 80% of the | ||
net revenue realized for the preceding month from the sale of | ||
candy, grooming and hygiene products, and soft drinks that had | ||
been taxed at a rate of 1% prior to September 1, 2009 but that | ||
are now taxed at 6.25%. | ||
Beginning July 1, 2013, each month the Department shall pay | ||
into the Underground Storage Tank Fund from the proceeds | ||
collected under this Act, the Use Tax Act, the Service Use Tax | ||
Act, and the Retailers' Occupation Tax Act an amount equal to | ||
the average monthly deficit in the Underground Storage Tank | ||
Fund during the prior year, as certified annually by the | ||
Illinois Environmental Protection Agency, but the total | ||
payment into the Underground Storage Tank Fund under this Act, | ||
the Use Tax Act, the Service Use Tax Act, and the Retailers' | ||
Occupation Tax Act shall not exceed $18,000,000 in any State | ||
fiscal year. As used in this paragraph, the "average monthly |
deficit" shall be equal to the difference between the average | ||
monthly claims for payment by the fund and the average monthly | ||
revenues deposited into the fund, excluding payments made | ||
pursuant to this paragraph. | ||
Beginning July 1, 2015, of the remainder of the moneys | ||
received by the Department under the Use Tax Act, the Service | ||
Use Tax Act, this Act, and the Retailers' Occupation Tax Act, | ||
each month the Department shall deposit $500,000 into the State | ||
Crime Laboratory Fund. | ||
Of the remainder of the moneys received by the Department | ||
pursuant to
this Act, (a) 1.75% thereof shall be paid into the | ||
Build Illinois Fund and
(b) prior to July 1, 1989, 2.2% and on | ||
and after July 1, 1989, 3.8% thereof
shall be paid into the | ||
Build Illinois Fund; provided, however, that if in
any fiscal | ||
year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
| ||
may be, of the moneys received by the Department and required | ||
to be paid
into the Build Illinois Fund pursuant to Section 3 | ||
of the Retailers'
Occupation Tax Act, Section 9 of the Use Tax | ||
Act, Section 9 of the Service
Use Tax Act, and Section 9 of the | ||
Service Occupation Tax Act, such Acts
being hereinafter called | ||
the "Tax Acts" and such aggregate of 2.2% or 3.8%,
as the case | ||
may be, of moneys being hereinafter called the "Tax Act
| ||
Amount", and (2) the amount transferred to the Build Illinois | ||
Fund from the
State and Local Sales Tax Reform Fund shall be | ||
less than the Annual
Specified Amount (as defined in Section 3 | ||
of the Retailers' Occupation Tax
Act), an amount equal to the |
difference shall be immediately paid into the
Build Illinois | ||
Fund from other moneys received by the Department pursuant
to | ||
the Tax Acts; and further provided, that if on the last | ||
business day of
any month the sum of (1) the Tax Act Amount | ||
required to be deposited into
the Build Illinois Account in the | ||
Build Illinois Fund during such month and
(2) the amount | ||
transferred during such month to the Build Illinois Fund
from | ||
the State and Local Sales Tax Reform Fund shall have been less | ||
than
1/12 of the Annual Specified Amount, an amount equal to | ||
the difference
shall be immediately paid into the Build | ||
Illinois Fund from other moneys
received by the Department | ||
pursuant to the Tax Acts; and, further provided,
that in no | ||
event shall the payments required under the preceding proviso
| ||
result in aggregate payments into the Build Illinois Fund | ||
pursuant to this
clause (b) for any fiscal year in excess of | ||
the greater of (i) the Tax Act
Amount or (ii) the Annual | ||
Specified Amount for such fiscal year; and,
further provided, | ||
that the amounts payable into the Build Illinois Fund
under | ||
this clause (b) shall be payable only until such time as the
| ||
aggregate amount on deposit under each trust indenture securing | ||
Bonds
issued and outstanding pursuant to the Build Illinois | ||
Bond Act is
sufficient, taking into account any future | ||
investment income, to fully
provide, in accordance with such | ||
indenture, for the defeasance of or the
payment of the | ||
principal of, premium, if any, and interest on the Bonds
| ||
secured by such indenture and on any Bonds expected to be |
issued thereafter
and all fees and costs payable with respect | ||
thereto, all as certified by
the Director of the
Bureau of the | ||
Budget (now Governor's Office of Management and Budget). If
on | ||
the last business day of
any month in which Bonds are | ||
outstanding pursuant to the Build Illinois
Bond Act, the | ||
aggregate of the moneys deposited
in the Build Illinois Bond | ||
Account in the Build Illinois Fund in such month
shall be less | ||
than the amount required to be transferred in such month from
| ||
the Build Illinois Bond Account to the Build Illinois Bond | ||
Retirement and
Interest Fund pursuant to Section 13 of the | ||
Build Illinois Bond Act, an
amount equal to such deficiency | ||
shall be immediately paid
from other moneys received by the | ||
Department pursuant to the Tax Acts
to the Build Illinois Fund; | ||
provided, however, that any amounts paid to the
Build Illinois | ||
Fund in any fiscal year pursuant to this sentence shall be
| ||
deemed to constitute payments pursuant to clause (b) of the | ||
preceding
sentence and shall reduce the amount otherwise | ||
payable for such fiscal year
pursuant to clause (b) of the | ||
preceding sentence. The moneys received by
the Department | ||
pursuant to this Act and required to be deposited into the
| ||
Build Illinois Fund are subject to the pledge, claim and charge | ||
set forth
in Section 12 of the Build Illinois Bond Act. | ||
Subject to payment of amounts into the Build Illinois Fund | ||
as provided in
the preceding paragraph or in any amendment | ||
thereto hereafter enacted, the
following specified monthly | ||
installment of the amount requested in the
certificate of the |
Chairman of the Metropolitan Pier and Exposition
Authority | |||||||||||||||||||||||||||||||||||||||||||||||||||||
provided under Section 8.25f of the State Finance Act, but not | |||||||||||||||||||||||||||||||||||||||||||||||||||||
in
excess of the sums designated as "Total Deposit", shall be | |||||||||||||||||||||||||||||||||||||||||||||||||||||
deposited in the
aggregate from collections under Section 9 of | |||||||||||||||||||||||||||||||||||||||||||||||||||||
the Use Tax Act, Section 9 of
the Service Use Tax Act, Section | |||||||||||||||||||||||||||||||||||||||||||||||||||||
9 of the Service Occupation Tax Act, and
Section 3 of the | |||||||||||||||||||||||||||||||||||||||||||||||||||||
Retailers' Occupation Tax Act into the McCormick Place
| |||||||||||||||||||||||||||||||||||||||||||||||||||||
Expansion Project Fund in the specified fiscal years. | |||||||||||||||||||||||||||||||||||||||||||||||||||||
|
|
| ||||||||||||||||||||
Beginning July 20, 1993 and in each month of each fiscal | ||||||||||||||||||||
year thereafter,
one-eighth of the amount requested in the | ||||||||||||||||||||
certificate of the Chairman of
the Metropolitan Pier and | ||||||||||||||||||||
Exposition Authority for that fiscal year, less
the amount | ||||||||||||||||||||
deposited into the McCormick Place Expansion Project Fund by | ||||||||||||||||||||
the
State Treasurer in the respective month under subsection | ||||||||||||||||||||
(g) of Section 13
of the Metropolitan Pier and Exposition | ||||||||||||||||||||
Authority Act, plus cumulative
deficiencies in the deposits | ||||||||||||||||||||
required under this Section for previous
months and years, | ||||||||||||||||||||
shall be deposited into the McCormick Place Expansion
Project | ||||||||||||||||||||
Fund, until the full amount requested for the fiscal year, but | ||||||||||||||||||||
not
in excess of the amount specified above as "Total Deposit", | ||||||||||||||||||||
has been deposited. | ||||||||||||||||||||
Subject to payment of amounts into the Build Illinois Fund | ||||||||||||||||||||
and the
McCormick
Place Expansion Project Fund
pursuant to the | ||||||||||||||||||||
preceding paragraphs or in any amendments thereto hereafter
| ||||||||||||||||||||
enacted, beginning July 1, 1993 and ending on September 30, | ||||||||||||||||||||
2013, the Department shall each month pay into the
Illinois Tax | ||||||||||||||||||||
Increment Fund 0.27% of 80% of the net revenue realized for the
| ||||||||||||||||||||
preceding month from the 6.25% general rate on the selling |
price of tangible
personal property. | ||
Subject to payment of amounts into the Build Illinois Fund | ||
and the
McCormick Place Expansion Project Fund pursuant to the | ||
preceding paragraphs or in any
amendments thereto hereafter | ||
enacted, beginning with the receipt of the first
report of | ||
taxes paid by an eligible business and continuing for a 25-year
| ||
period, the Department shall each month pay into the Energy | ||
Infrastructure
Fund 80% of the net revenue realized from the | ||
6.25% general rate on the
selling price of Illinois-mined coal | ||
that was sold to an eligible business.
For purposes of this | ||
paragraph, the term "eligible business" means a new
electric | ||
generating facility certified pursuant to Section 605-332 of | ||
the
Department of Commerce and
Economic Opportunity Law of the | ||
Civil Administrative
Code of Illinois. | ||
Subject to payment of amounts into the Build Illinois Fund, | ||
the McCormick Place Expansion Project Fund, the Illinois Tax | ||
Increment Fund, and the Energy Infrastructure Fund pursuant to | ||
the preceding paragraphs or in any amendments to this Section | ||
hereafter enacted, beginning on the first day of the first | ||
calendar month to occur on or after August 26, 2014 ( the | ||
effective date of Public Act 98-1098) this amendatory Act of | ||
the 98th General Assembly , each month, from the collections | ||
made under Section 9 of the Use Tax Act, Section 9 of the | ||
Service Use Tax Act, Section 9 of the Service Occupation Tax | ||
Act, and Section 3 of the Retailers' Occupation Tax Act, the | ||
Department shall pay into the Tax Compliance and Administration |
Fund, to be used, subject to appropriation, to fund additional | ||
auditors and compliance personnel at the Department of Revenue, | ||
an amount equal to 1/12 of 5% of 80% of the cash receipts | ||
collected during the preceding fiscal year by the Audit Bureau | ||
of the Department under the Use Tax Act, the Service Use Tax | ||
Act, the Service Occupation Tax Act, the Retailers' Occupation | ||
Tax Act, and associated local occupation and use taxes | ||
administered by the Department. | ||
Subject to payments of amounts into the Build Illinois | ||
Fund, the McCormick Place Expansion Project Fund, the Illinois | ||
Tax Increment Fund, the Energy Infrastructure Fund, and the Tax | ||
Compliance and Administration Fund as provided in this Section, | ||
beginning on July 1, 2018 the Department shall pay each month | ||
into the Downstate Public Transportation Fund the moneys | ||
required to be so paid under Section 2-3 of the Downstate | ||
Public Transportation Act. | ||
Of the remainder of the moneys received by the Department | ||
pursuant to this
Act, 75% shall be paid into the General | ||
Revenue Fund of the State Treasury and 25% shall be reserved in | ||
a special account and used only for the transfer to the Common | ||
School Fund as part of the monthly transfer from the General | ||
Revenue Fund in accordance with Section 8a of the State Finance | ||
Act. | ||
The Department may, upon separate written notice to a | ||
taxpayer,
require the taxpayer to prepare and file with the | ||
Department on a form
prescribed by the Department within not |
less than 60 days after receipt
of the notice an annual | ||
information return for the tax year specified in
the notice. | ||
Such annual return to the Department shall include a
statement | ||
of gross receipts as shown by the taxpayer's last Federal | ||
income
tax return. If the total receipts of the business as | ||
reported in the
Federal income tax return do not agree with the | ||
gross receipts reported to
the Department of Revenue for the | ||
same period, the taxpayer shall attach
to his annual return a | ||
schedule showing a reconciliation of the 2
amounts and the | ||
reasons for the difference. The taxpayer's annual
return to the | ||
Department shall also disclose the cost of goods sold by
the | ||
taxpayer during the year covered by such return, opening and | ||
closing
inventories of such goods for such year, cost of goods | ||
used from stock
or taken from stock and given away by the | ||
taxpayer during such year, pay
roll information of the | ||
taxpayer's business during such year and any
additional | ||
reasonable information which the Department deems would be
| ||
helpful in determining the accuracy of the monthly, quarterly | ||
or annual
returns filed by such taxpayer as hereinbefore | ||
provided for in this
Section. | ||
If the annual information return required by this Section | ||
is not
filed when and as required, the taxpayer shall be liable | ||
as follows: | ||
(i) Until January 1, 1994, the taxpayer shall be liable
| ||
for a penalty equal to 1/6 of 1% of the tax due from such | ||
taxpayer
under this Act during the period to be covered by |
the annual return
for each month or fraction of a month | ||
until such return is filed as
required, the penalty to be | ||
assessed and collected in the same manner
as any other | ||
penalty provided for in this Act. | ||
(ii) On and after January 1, 1994, the taxpayer shall | ||
be liable for a
penalty as described in Section 3-4 of the | ||
Uniform Penalty and Interest Act. | ||
The chief executive officer, proprietor, owner or highest | ||
ranking
manager shall sign the annual return to certify the | ||
accuracy of the
information contained therein. Any person who | ||
willfully signs the
annual return containing false or | ||
inaccurate information shall be guilty
of perjury and punished | ||
accordingly. The annual return form prescribed
by the | ||
Department shall include a warning that the person signing the
| ||
return may be liable for perjury. | ||
The foregoing portion of this Section concerning the filing | ||
of an
annual information return shall not apply to a serviceman | ||
who is not
required to file an income tax return with the | ||
United States Government. | ||
As soon as possible after the first day of each month, upon | ||
certification
of the Department of Revenue, the Comptroller | ||
shall order transferred and
the Treasurer shall transfer from | ||
the General Revenue Fund to the Motor
Fuel Tax Fund an amount | ||
equal to 1.7% of 80% of the net revenue realized
under this Act | ||
for the second preceding month.
Beginning April 1, 2000, this | ||
transfer is no longer required
and shall not be made. |
Net revenue realized for a month shall be the revenue | ||
collected by the State
pursuant to this Act, less the amount | ||
paid out during that month as
refunds to taxpayers for | ||
overpayment of liability. | ||
For greater simplicity of administration, it shall be | ||
permissible for
manufacturers, importers and wholesalers whose | ||
products are sold by numerous
servicemen in Illinois, and who | ||
wish to do so, to
assume the responsibility for accounting and | ||
paying to the Department
all tax accruing under this Act with | ||
respect to such sales, if the
servicemen who are affected do | ||
not make written objection to the
Department to this | ||
arrangement. | ||
(Source: P.A. 99-352, eff. 8-12-15; 99-858, eff. 8-19-16; | ||
100-303, eff. 8-24-17; 100-363, eff. 7-1-18; revised | ||
10-31-17.) | ||
Section 215. The Retailers' Occupation Tax Act is amended | ||
by changing Sections 2-5, 2a, and 3 as follows:
| ||
(35 ILCS 120/2-5)
| ||
Sec. 2-5. Exemptions. Gross receipts from proceeds from the | ||
sale of
the following tangible personal property are exempt | ||
from the tax imposed
by this Act:
| ||
(1) Farm chemicals.
| ||
(2) Farm machinery and equipment, both new and used, | ||
including that
manufactured on special order, certified by |
the purchaser to be used
primarily for production | ||
agriculture or State or federal agricultural
programs, | ||
including individual replacement parts for the machinery | ||
and
equipment, including machinery and equipment purchased | ||
for lease,
and including implements of husbandry defined in | ||
Section 1-130 of
the Illinois Vehicle Code, farm machinery | ||
and agricultural chemical and
fertilizer spreaders, and | ||
nurse wagons required to be registered
under Section 3-809 | ||
of the Illinois Vehicle Code,
but
excluding other motor | ||
vehicles required to be registered under the Illinois
| ||
Vehicle Code.
Horticultural polyhouses or hoop houses used | ||
for propagating, growing, or
overwintering plants shall be | ||
considered farm machinery and equipment under
this item | ||
(2).
Agricultural chemical tender tanks and dry boxes shall | ||
include units sold
separately from a motor vehicle required | ||
to be licensed and units sold mounted
on a motor vehicle | ||
required to be licensed, if the selling price of the tender
| ||
is separately stated.
| ||
Farm machinery and equipment shall include precision | ||
farming equipment
that is
installed or purchased to be | ||
installed on farm machinery and equipment
including, but | ||
not limited to, tractors, harvesters, sprayers, planters,
| ||
seeders, or spreaders.
Precision farming equipment | ||
includes, but is not limited to,
soil testing sensors, | ||
computers, monitors, software, global positioning
and | ||
mapping systems, and other such equipment.
|
Farm machinery and equipment also includes computers, | ||
sensors, software, and
related equipment used primarily in | ||
the
computer-assisted operation of production agriculture | ||
facilities, equipment,
and activities such as, but
not | ||
limited to,
the collection, monitoring, and correlation of
| ||
animal and crop data for the purpose of
formulating animal | ||
diets and agricultural chemicals. This item (2) is exempt
| ||
from the provisions of
Section 2-70.
| ||
(3) Until July 1, 2003, distillation machinery and | ||
equipment, sold as a
unit or kit,
assembled or installed by | ||
the retailer, certified by the user to be used
only for the | ||
production of ethyl alcohol that will be used for | ||
consumption
as motor fuel or as a component of motor fuel | ||
for the personal use of the
user, and not subject to sale | ||
or resale.
| ||
(4) Until July 1, 2003 and beginning again September 1, | ||
2004 through August 30, 2014, graphic arts machinery and | ||
equipment, including
repair and
replacement parts, both | ||
new and used, and including that manufactured on
special | ||
order or purchased for lease, certified by the purchaser to | ||
be used
primarily for graphic arts production.
Equipment | ||
includes chemicals or
chemicals acting as catalysts but | ||
only if
the chemicals or chemicals acting as catalysts | ||
effect a direct and immediate
change upon a
graphic arts | ||
product. Beginning on July 1, 2017, graphic arts machinery | ||
and equipment is included in the manufacturing and |
assembling machinery and equipment exemption under | ||
paragraph (14).
| ||
(5) A motor vehicle that is used for automobile | ||
renting, as defined in the Automobile Renting Occupation | ||
and Use Tax Act. This paragraph is exempt from
the | ||
provisions of Section 2-70.
| ||
(6) Personal property sold by a teacher-sponsored | ||
student organization
affiliated with an elementary or | ||
secondary school located in Illinois.
| ||
(7) Until July 1, 2003, proceeds of that portion of the | ||
selling price of
a passenger car the
sale of which is | ||
subject to the Replacement Vehicle Tax.
| ||
(8) Personal property sold to an Illinois county fair | ||
association for
use in conducting, operating, or promoting | ||
the county fair.
| ||
(9) Personal property sold to a not-for-profit arts
or | ||
cultural organization that establishes, by proof required | ||
by the Department
by
rule, that it has received an | ||
exemption under Section 501(c)(3) of the
Internal Revenue | ||
Code and that is organized and operated primarily for the
| ||
presentation
or support of arts or cultural programming, | ||
activities, or services. These
organizations include, but | ||
are not limited to, music and dramatic arts
organizations | ||
such as symphony orchestras and theatrical groups, arts and
| ||
cultural service organizations, local arts councils, | ||
visual arts organizations,
and media arts organizations.
|
On and after July 1, 2001 ( the effective date of Public Act | ||
92-35) this amendatory Act of the 92nd General
Assembly , | ||
however, an entity otherwise eligible for this exemption | ||
shall not
make tax-free purchases unless it has an active | ||
identification number issued by
the Department.
| ||
(10) Personal property sold by a corporation, society, | ||
association,
foundation, institution, or organization, | ||
other than a limited liability
company, that is organized | ||
and operated as a not-for-profit service enterprise
for the | ||
benefit of persons 65 years of age or older if the personal | ||
property
was not purchased by the enterprise for the | ||
purpose of resale by the
enterprise.
| ||
(11) Personal property sold to a governmental body, to | ||
a corporation,
society, association, foundation, or | ||
institution organized and operated
exclusively for | ||
charitable, religious, or educational purposes, or to a
| ||
not-for-profit corporation, society, association, | ||
foundation, institution,
or organization that has no | ||
compensated officers or employees and that is
organized and | ||
operated primarily for the recreation of persons 55 years | ||
of
age or older. A limited liability company may qualify | ||
for the exemption under
this paragraph only if the limited | ||
liability company is organized and operated
exclusively | ||
for educational purposes. On and after July 1, 1987, | ||
however, no
entity otherwise eligible for this exemption | ||
shall make tax-free purchases
unless it has an active |
identification number issued by the Department.
| ||
(12) (Blank).
| ||
(12-5) On and after July 1, 2003 and through June 30, | ||
2004, motor vehicles of the second division
with a gross | ||
vehicle weight in excess of 8,000 pounds
that
are
subject | ||
to the commercial distribution fee imposed under Section | ||
3-815.1 of
the Illinois
Vehicle Code. Beginning on July 1, | ||
2004 and through June 30, 2005, the use in this State of | ||
motor vehicles of the second division: (i) with a gross | ||
vehicle weight rating in excess of 8,000 pounds; (ii) that | ||
are subject to the commercial distribution fee imposed | ||
under Section 3-815.1 of the Illinois Vehicle Code; and | ||
(iii) that are primarily used for commercial purposes. | ||
Through June 30, 2005, this
exemption applies to repair and | ||
replacement parts added
after the
initial purchase of such | ||
a motor vehicle if that motor vehicle is used in a
manner | ||
that
would qualify for the rolling stock exemption | ||
otherwise provided for in this
Act. For purposes of this | ||
paragraph, "used for commercial purposes" means the | ||
transportation of persons or property in furtherance of any | ||
commercial or industrial enterprise whether for-hire or | ||
not.
| ||
(13) Proceeds from sales to owners, lessors, or
| ||
shippers of
tangible personal property that is utilized by | ||
interstate carriers for
hire for use as rolling stock | ||
moving in interstate commerce
and equipment operated by a |
telecommunications provider, licensed as a
common carrier | ||
by the Federal Communications Commission, which is
| ||
permanently installed in or affixed to aircraft moving in | ||
interstate commerce.
| ||
(14) Machinery and equipment that will be used by the | ||
purchaser, or a
lessee of the purchaser, primarily in the | ||
process of manufacturing or
assembling tangible personal | ||
property for wholesale or retail sale or
lease, whether the | ||
sale or lease is made directly by the manufacturer or by
| ||
some other person, whether the materials used in the | ||
process are owned by
the manufacturer or some other person, | ||
or whether the sale or lease is made
apart from or as an | ||
incident to the seller's engaging in the service
occupation | ||
of producing machines, tools, dies, jigs, patterns, | ||
gauges, or
other similar items of no commercial value on | ||
special order for a particular
purchaser. The exemption | ||
provided by this paragraph (14) does not include machinery | ||
and equipment used in (i) the generation of electricity for | ||
wholesale or retail sale; (ii) the generation or treatment | ||
of natural or artificial gas for wholesale or retail sale | ||
that is delivered to customers through pipes, pipelines, or | ||
mains; or (iii) the treatment of water for wholesale or | ||
retail sale that is delivered to customers through pipes, | ||
pipelines, or mains. The provisions of Public Act 98-583 | ||
are declaratory of existing law as to the meaning and scope | ||
of this exemption. Beginning on July 1, 2017, the exemption |
provided by this paragraph (14) includes, but is not | ||
limited to, graphic arts machinery and equipment, as | ||
defined in paragraph (4) of this Section.
| ||
(15) Proceeds of mandatory service charges separately | ||
stated on
customers' bills for purchase and consumption of | ||
food and beverages, to the
extent that the proceeds of the | ||
service charge are in fact turned over as
tips or as a | ||
substitute for tips to the employees who participate | ||
directly
in preparing, serving, hosting or cleaning up the | ||
food or beverage function
with respect to which the service | ||
charge is imposed.
| ||
(16) Petroleum products sold to a purchaser if the | ||
seller
is prohibited by federal law from charging tax to | ||
the purchaser.
| ||
(17) Tangible personal property sold to a common | ||
carrier by rail or
motor that
receives the physical | ||
possession of the property in Illinois and that
transports | ||
the property, or shares with another common carrier in the
| ||
transportation of the property, out of Illinois on a | ||
standard uniform bill
of lading showing the seller of the | ||
property as the shipper or consignor of
the property to a | ||
destination outside Illinois, for use outside Illinois.
| ||
(18) Legal tender, currency, medallions, or gold or | ||
silver coinage
issued by the State of Illinois, the | ||
government of the United States of
America, or the | ||
government of any foreign country, and bullion.
|
(19) Until July 1 , 2003, oil field exploration, | ||
drilling, and production
equipment, including
(i) rigs and | ||
parts of rigs, rotary rigs, cable tool
rigs, and workover | ||
rigs, (ii) pipe and tubular goods, including casing and
| ||
drill strings, (iii) pumps and pump-jack units, (iv) | ||
storage tanks and flow
lines, (v) any individual | ||
replacement part for oil field exploration,
drilling, and | ||
production equipment, and (vi) machinery and equipment | ||
purchased
for lease; but
excluding motor vehicles required | ||
to be registered under the Illinois
Vehicle Code.
| ||
(20) Photoprocessing machinery and equipment, | ||
including repair and
replacement parts, both new and used, | ||
including that manufactured on
special order, certified by | ||
the purchaser to be used primarily for
photoprocessing, and | ||
including photoprocessing machinery and equipment
| ||
purchased for lease.
| ||
(21) Coal and aggregate exploration, mining, | ||
off-highway hauling,
processing,
maintenance, and | ||
reclamation equipment, including
replacement parts and | ||
equipment, and including
equipment purchased for lease, | ||
but excluding motor vehicles required to be
registered | ||
under the Illinois Vehicle Code. The changes made to this | ||
Section by Public Act 97-767 apply on and after July 1, | ||
2003, but no claim for credit or refund is allowed on or | ||
after August 16, 2013 (the effective date of Public Act | ||
98-456)
for such taxes paid during the period beginning |
July 1, 2003 and ending on August 16, 2013 (the effective | ||
date of Public Act 98-456).
| ||
(22) Until June 30, 2013, fuel and petroleum products | ||
sold to or used by an air carrier,
certified by the carrier | ||
to be used for consumption, shipment, or storage
in the | ||
conduct of its business as an air common carrier, for a | ||
flight
destined for or returning from a location or | ||
locations
outside the United States without regard to | ||
previous or subsequent domestic
stopovers.
| ||
Beginning July 1, 2013, fuel and petroleum products | ||
sold to or used by an air carrier, certified by the carrier | ||
to be used for consumption, shipment, or storage in the | ||
conduct of its business as an air common carrier, for a | ||
flight that (i) is engaged in foreign trade or is engaged | ||
in trade between the United States and any of its | ||
possessions and (ii) transports at least one individual or | ||
package for hire from the city of origination to the city | ||
of final destination on the same aircraft, without regard | ||
to a change in the flight number of that aircraft. | ||
(23) A transaction in which the purchase order is | ||
received by a florist
who is located outside Illinois, but | ||
who has a florist located in Illinois
deliver the property | ||
to the purchaser or the purchaser's donee in Illinois.
| ||
(24) Fuel consumed or used in the operation of ships, | ||
barges, or vessels
that are used primarily in or for the | ||
transportation of property or the
conveyance of persons for |
hire on rivers bordering on this State if the
fuel is | ||
delivered by the seller to the purchaser's barge, ship, or | ||
vessel
while it is afloat upon that bordering river.
| ||
(25) Except as provided in item (25-5) of this Section, | ||
a
motor vehicle sold in this State to a nonresident even | ||
though the
motor vehicle is delivered to the nonresident in | ||
this State, if the motor
vehicle is not to be titled in | ||
this State, and if a drive-away permit
is issued to the | ||
motor vehicle as provided in Section 3-603 of the Illinois
| ||
Vehicle Code or if the nonresident purchaser has vehicle | ||
registration
plates to transfer to the motor vehicle upon | ||
returning to his or her home
state. The issuance of the | ||
drive-away permit or having
the
out-of-state registration | ||
plates to be transferred is prima facie evidence
that the | ||
motor vehicle will not be titled in this State.
| ||
(25-5) The exemption under item (25) does not apply if | ||
the state in which the motor vehicle will be titled does | ||
not allow a reciprocal exemption for a motor vehicle sold | ||
and delivered in that state to an Illinois resident but | ||
titled in Illinois. The tax collected under this Act on the | ||
sale of a motor vehicle in this State to a resident of | ||
another state that does not allow a reciprocal exemption | ||
shall be imposed at a rate equal to the state's rate of tax | ||
on taxable property in the state in which the purchaser is | ||
a resident, except that the tax shall not exceed the tax | ||
that would otherwise be imposed under this Act. At the time |
of the sale, the purchaser shall execute a statement, | ||
signed under penalty of perjury, of his or her intent to | ||
title the vehicle in the state in which the purchaser is a | ||
resident within 30 days after the sale and of the fact of | ||
the payment to the State of Illinois of tax in an amount | ||
equivalent to the state's rate of tax on taxable property | ||
in his or her state of residence and shall submit the | ||
statement to the appropriate tax collection agency in his | ||
or her state of residence. In addition, the retailer must | ||
retain a signed copy of the statement in his or her | ||
records. Nothing in this item shall be construed to require | ||
the removal of the vehicle from this state following the | ||
filing of an intent to title the vehicle in the purchaser's | ||
state of residence if the purchaser titles the vehicle in | ||
his or her state of residence within 30 days after the date | ||
of sale. The tax collected under this Act in accordance | ||
with this item (25-5) shall be proportionately distributed | ||
as if the tax were collected at the 6.25% general rate | ||
imposed under this Act.
| ||
(25-7) Beginning on July 1, 2007, no tax is imposed | ||
under this Act on the sale of an aircraft, as defined in | ||
Section 3 of the Illinois Aeronautics Act, if all of the | ||
following conditions are met: | ||
(1) the aircraft leaves this State within 15 days | ||
after the later of either the issuance of the final | ||
billing for the sale of the aircraft, or the authorized |
approval for return to service, completion of the | ||
maintenance record entry, and completion of the test | ||
flight and ground test for inspection, as required by | ||
14 C.F.R. 91.407; | ||
(2) the aircraft is not based or registered in this | ||
State after the sale of the aircraft; and | ||
(3) the seller retains in his or her books and | ||
records and provides to the Department a signed and | ||
dated certification from the purchaser, on a form | ||
prescribed by the Department, certifying that the | ||
requirements of this item (25-7) are met. The | ||
certificate must also include the name and address of | ||
the purchaser, the address of the location where the | ||
aircraft is to be titled or registered, the address of | ||
the primary physical location of the aircraft, and | ||
other information that the Department may reasonably | ||
require. | ||
For purposes of this item (25-7): | ||
"Based in this State" means hangared, stored, or | ||
otherwise used, excluding post-sale customizations as | ||
defined in this Section, for 10 or more days in each | ||
12-month period immediately following the date of the sale | ||
of the aircraft. | ||
"Registered in this State" means an aircraft | ||
registered with the Department of Transportation, | ||
Aeronautics Division, or titled or registered with the |
Federal Aviation Administration to an address located in | ||
this State. | ||
This paragraph (25-7) is exempt from the provisions
of
| ||
Section 2-70.
| ||
(26) Semen used for artificial insemination of | ||
livestock for direct
agricultural production.
| ||
(27) Horses, or interests in horses, registered with | ||
and meeting the
requirements of any of the
Arabian Horse | ||
Club Registry of America, Appaloosa Horse Club, American | ||
Quarter
Horse Association, United States
Trotting | ||
Association, or Jockey Club, as appropriate, used for
| ||
purposes of breeding or racing for prizes. This item (27) | ||
is exempt from the provisions of Section 2-70, and the | ||
exemption provided for under this item (27) applies for all | ||
periods beginning May 30, 1995, but no claim for credit or | ||
refund is allowed on or after January 1, 2008 (the | ||
effective date of Public Act 95-88)
for such taxes paid | ||
during the period beginning May 30, 2000 and ending on | ||
January 1, 2008 (the effective date of Public Act 95-88).
| ||
(28) Computers and communications equipment utilized | ||
for any
hospital
purpose
and equipment used in the | ||
diagnosis,
analysis, or treatment of hospital patients | ||
sold to a lessor who leases the
equipment, under a lease of | ||
one year or longer executed or in effect at the
time of the | ||
purchase, to a
hospital
that has been issued an active tax | ||
exemption identification number by the
Department under |
Section 1g of this Act.
| ||
(29) Personal property sold to a lessor who leases the
| ||
property, under a
lease of one year or longer executed or | ||
in effect at the time of the purchase,
to a governmental | ||
body
that has been issued an active tax exemption | ||
identification number by the
Department under Section 1g of | ||
this Act.
| ||
(30) Beginning with taxable years ending on or after | ||
December
31, 1995
and
ending with taxable years ending on | ||
or before December 31, 2004,
personal property that is
| ||
donated for disaster relief to be used in a State or | ||
federally declared
disaster area in Illinois or bordering | ||
Illinois by a manufacturer or retailer
that is registered | ||
in this State to a corporation, society, association,
| ||
foundation, or institution that has been issued a sales tax | ||
exemption
identification number by the Department that | ||
assists victims of the disaster
who reside within the | ||
declared disaster area.
| ||
(31) Beginning with taxable years ending on or after | ||
December
31, 1995 and
ending with taxable years ending on | ||
or before December 31, 2004, personal
property that is used | ||
in the performance of infrastructure repairs in this
State, | ||
including but not limited to municipal roads and streets, | ||
access roads,
bridges, sidewalks, waste disposal systems, | ||
water and sewer line extensions,
water distribution and | ||
purification facilities, storm water drainage and
|
retention facilities, and sewage treatment facilities, | ||
resulting from a State
or federally declared disaster in | ||
Illinois or bordering Illinois when such
repairs are | ||
initiated on facilities located in the declared disaster | ||
area
within 6 months after the disaster.
| ||
(32) Beginning July 1, 1999, game or game birds sold at | ||
a "game breeding
and
hunting preserve area" as that term is | ||
used
in the
Wildlife Code. This paragraph is exempt from | ||
the provisions
of
Section 2-70.
| ||
(33) A motor vehicle, as that term is defined in | ||
Section 1-146
of the
Illinois Vehicle Code, that is donated | ||
to a corporation, limited liability
company, society, | ||
association, foundation, or institution that is determined | ||
by
the Department to be organized and operated exclusively | ||
for educational
purposes. For purposes of this exemption, | ||
"a corporation, limited liability
company, society, | ||
association, foundation, or institution organized and
| ||
operated
exclusively for educational purposes" means all | ||
tax-supported public schools,
private schools that offer | ||
systematic instruction in useful branches of
learning by | ||
methods common to public schools and that compare favorably | ||
in
their scope and intensity with the course of study | ||
presented in tax-supported
schools, and vocational or | ||
technical schools or institutes organized and
operated | ||
exclusively to provide a course of study of not less than 6 | ||
weeks
duration and designed to prepare individuals to |
follow a trade or to pursue a
manual, technical, | ||
mechanical, industrial, business, or commercial
| ||
occupation.
| ||
(34) Beginning January 1, 2000, personal property, | ||
including food, purchased
through fundraising events for | ||
the benefit of a public or private elementary or
secondary | ||
school, a group of those schools, or one or more school | ||
districts if
the events are sponsored by an entity | ||
recognized by the school district that
consists primarily | ||
of volunteers and includes parents and teachers of the
| ||
school children. This paragraph does not apply to | ||
fundraising events (i) for
the benefit of private home | ||
instruction or (ii) for which the fundraising
entity | ||
purchases the personal property sold at the events from | ||
another
individual or entity that sold the property for the | ||
purpose of resale by the
fundraising entity and that | ||
profits from the sale to the fundraising entity.
This | ||
paragraph is exempt from the provisions of Section 2-70.
| ||
(35) Beginning January 1, 2000 and through December 31, | ||
2001, new or used
automatic vending machines that prepare | ||
and serve hot food and beverages,
including coffee, soup, | ||
and other items, and replacement parts for these
machines. | ||
Beginning January 1, 2002 and through June 30, 2003, | ||
machines
and parts for machines used in
commercial, | ||
coin-operated amusement and vending business if a use or | ||
occupation
tax is paid on the gross receipts derived from |
the use of the commercial,
coin-operated amusement and | ||
vending machines. This paragraph is exempt from
the | ||
provisions of Section 2-70.
| ||
(35-5) Beginning August 23, 2001 and through June 30, | ||
2016, food for human consumption that is to be consumed off
| ||
the premises where it is sold (other than alcoholic | ||
beverages, soft drinks,
and food that has been prepared for | ||
immediate consumption) and prescription
and | ||
nonprescription medicines, drugs, medical appliances, and | ||
insulin, urine
testing materials, syringes, and needles | ||
used by diabetics, for human use, when
purchased for use by | ||
a person receiving medical assistance under Article V of
| ||
the Illinois Public Aid Code who resides in a licensed | ||
long-term care facility,
as defined in the Nursing Home | ||
Care Act, or a licensed facility as defined in the ID/DD | ||
Community Care Act, the MC/DD Act, or the Specialized | ||
Mental Health Rehabilitation Act of 2013.
| ||
(36) Beginning August 2, 2001, computers and | ||
communications equipment
utilized for any hospital purpose | ||
and equipment used in the diagnosis,
analysis, or treatment | ||
of hospital patients sold to a lessor who leases the
| ||
equipment, under a lease of one year or longer executed or | ||
in effect at the
time of the purchase, to a hospital that | ||
has been issued an active tax
exemption identification | ||
number by the Department under Section 1g of this Act.
This | ||
paragraph is exempt from the provisions of Section 2-70.
|
(37) Beginning August 2, 2001, personal property sold | ||
to a lessor who
leases the property, under a lease of one | ||
year or longer executed or in effect
at the time of the | ||
purchase, to a governmental body that has been issued an
| ||
active tax exemption identification number by the | ||
Department under Section 1g
of this Act. This paragraph is | ||
exempt from the provisions of Section 2-70.
| ||
(38) Beginning on January 1, 2002 and through June 30, | ||
2016, tangible personal property purchased
from an | ||
Illinois retailer by a taxpayer engaged in centralized | ||
purchasing
activities in Illinois who will, upon receipt of | ||
the property in Illinois,
temporarily store the property in | ||
Illinois (i) for the purpose of subsequently
transporting | ||
it outside this State for use or consumption thereafter | ||
solely
outside this State or (ii) for the purpose of being | ||
processed, fabricated, or
manufactured into, attached to, | ||
or incorporated into other tangible personal
property to be | ||
transported outside this State and thereafter used or | ||
consumed
solely outside this State. The Director of Revenue | ||
shall, pursuant to rules
adopted in accordance with the | ||
Illinois Administrative Procedure Act, issue a
permit to | ||
any taxpayer in good standing with the Department who is | ||
eligible for
the exemption under this paragraph (38). The | ||
permit issued under
this paragraph (38) shall authorize the | ||
holder, to the extent and
in the manner specified in the | ||
rules adopted under this Act, to purchase
tangible personal |
property from a retailer exempt from the taxes imposed by
| ||
this Act. Taxpayers shall maintain all necessary books and | ||
records to
substantiate the use and consumption of all such | ||
tangible personal property
outside of the State of | ||
Illinois.
| ||
(39) Beginning January 1, 2008, tangible personal | ||
property used in the construction or maintenance of a | ||
community water supply, as defined under Section 3.145 of | ||
the Environmental Protection Act, that is operated by a | ||
not-for-profit corporation that holds a valid water supply | ||
permit issued under Title IV of the Environmental | ||
Protection Act. This paragraph is exempt from the | ||
provisions of Section 2-70.
| ||
(40) Beginning January 1, 2010, materials, parts, | ||
equipment, components, and furnishings incorporated into | ||
or upon an aircraft as part of the modification, | ||
refurbishment, completion, replacement, repair, or | ||
maintenance of the aircraft. This exemption includes | ||
consumable supplies used in the modification, | ||
refurbishment, completion, replacement, repair, and | ||
maintenance of aircraft, but excludes any materials, | ||
parts, equipment, components, and consumable supplies used | ||
in the modification, replacement, repair, and maintenance | ||
of aircraft engines or power plants, whether such engines | ||
or power plants are installed or uninstalled upon any such | ||
aircraft. "Consumable supplies" include, but are not |
limited to, adhesive, tape, sandpaper, general purpose | ||
lubricants, cleaning solution, latex gloves, and | ||
protective films. This exemption applies only to the sale | ||
of qualifying tangible personal property to persons who | ||
modify, refurbish, complete, replace, or maintain an | ||
aircraft and who (i) hold an Air Agency Certificate and are | ||
empowered to operate an approved repair station by the | ||
Federal Aviation Administration, (ii) have a Class IV | ||
Rating, and (iii) conduct operations in accordance with | ||
Part 145 of the Federal Aviation Regulations. The exemption | ||
does not include aircraft operated by a commercial air | ||
carrier providing scheduled passenger air service pursuant | ||
to authority issued under Part 121 or Part 129 of the | ||
Federal Aviation Regulations. The changes made to this | ||
paragraph (40) by Public Act 98-534 are declarative of | ||
existing law. | ||
(41) Tangible personal property sold to a | ||
public-facilities corporation, as described in Section | ||
11-65-10 of the Illinois Municipal Code, for purposes of | ||
constructing or furnishing a municipal convention hall, | ||
but only if the legal title to the municipal convention | ||
hall is transferred to the municipality without any further | ||
consideration by or on behalf of the municipality at the | ||
time of the completion of the municipal convention hall or | ||
upon the retirement or redemption of any bonds or other | ||
debt instruments issued by the public-facilities |
corporation in connection with the development of the | ||
municipal convention hall. This exemption includes | ||
existing public-facilities corporations as provided in | ||
Section 11-65-25 of the Illinois Municipal Code. This | ||
paragraph is exempt from the provisions of Section 2-70. | ||
(42) Beginning January 1, 2017, menstrual pads, | ||
tampons, and menstrual cups. | ||
(43) Merchandise that is subject to the Rental Purchase | ||
Agreement Occupation and Use Tax. The purchaser must | ||
certify that the item is purchased to be rented subject to | ||
a rental purchase agreement, as defined in the Rental | ||
Purchase Agreement Act, and provide proof of registration | ||
under the Rental Purchase Agreement Occupation and Use Tax | ||
Act. This paragraph is exempt from the provisions of | ||
Section 2-70. | ||
(Source: P.A. 99-180, eff. 7-29-15; 99-855, eff. 8-19-16; | ||
100-22, eff. 7-6-17; 100-321, eff. 8-24-17; 100-437, eff. | ||
1-1-18; revised 9-26-17.)
| ||
(35 ILCS 120/2a) (from Ch. 120, par. 441a) | ||
Sec. 2a. It is unlawful for any person to engage in the | ||
business of
selling tangible personal property at retail in | ||
this State without a
certificate of registration from the | ||
Department. Application
for a certificate of registration | ||
shall be made to the Department upon
forms furnished by it. | ||
Each such application shall be signed and verified
and shall |
state: (1) the name and social security number of the
| ||
applicant; (2) the address of his principal place
of business; | ||
(3) the address of the principal place of business from which
| ||
he engages in the business of selling tangible personal | ||
property at retail
in this State and the addresses of all other | ||
places of business, if any
(enumerating such addresses, if any, | ||
in a separate list attached to and
made a part of the | ||
application), from which he engages in the business of
selling | ||
tangible personal property at retail in this State; (4)
the
| ||
name and address of the person or persons who will be | ||
responsible for
filing returns and payment of taxes due under | ||
this Act; (5) in the case of a publicly traded corporation, the | ||
name and title of the Chief Financial Officer, Chief Operating | ||
Officer, and any other officer or employee with responsibility | ||
for preparing tax returns under this Act, and, in the
case of
| ||
all other corporations, the name, title, and social security | ||
number of
each corporate officer; (6) in the case of a limited | ||
liability
company, the
name, social security number, and FEIN | ||
number of
each
manager and member; and (7) such other | ||
information
as the Department may reasonably require. The | ||
application shall contain
an acceptance of responsibility | ||
signed by the person or persons who will be
responsible for | ||
filing returns and payment of the taxes due under this
Act. If | ||
the applicant will sell tangible personal property at retail
| ||
through vending machines, his application to register shall | ||
indicate the
number of vending machines to be so operated. If |
requested by the Department at any time, that person shall | ||
verify the total number of vending machines he or she uses in | ||
his or her business of selling tangible personal property at | ||
retail. | ||
The Department may deny a certificate of registration to | ||
any applicant
if a person who is named as the owner, a partner, | ||
a manager or member of a limited liability
company, or a | ||
corporate officer of the applicant on the application for the | ||
certificate of registration is or
has been named as the owner, | ||
a partner, a manager or member of a limited
liability company, | ||
or a corporate officer on the application for the certificate | ||
of registration of another retailer
that is in default for | ||
moneys due under this Act or any other tax or fee Act | ||
administered by the Department. For purposes of this paragraph | ||
only, in determining whether a person is in default for moneys | ||
due, the Department shall include only amounts established as a | ||
final liability within the 20 years prior to the date of the | ||
Department's notice of denial of a certificate of registration. | ||
The Department may require an applicant for a certificate | ||
of registration hereunder to, at
the time of filing such | ||
application, furnish a bond from a surety company
authorized to | ||
do business in the State of Illinois, or an irrevocable
bank | ||
letter of credit or a bond signed by 2
personal sureties who | ||
have filed, with the Department, sworn statements
disclosing | ||
net assets equal to at least 3 times the amount of the bond to
| ||
be required of such applicant, or a bond secured by an |
assignment of a bank
account or certificate of deposit, stocks | ||
or bonds, conditioned upon the
applicant paying to the State of | ||
Illinois all moneys becoming due under
this Act and under any | ||
other State tax law or municipal or county tax
ordinance or | ||
resolution under which the certificate of registration that is
| ||
issued to the applicant under this Act will permit the | ||
applicant to engage
in business without registering separately | ||
under such other law, ordinance
or resolution. In making a | ||
determination as to whether to require a bond or other | ||
security, the Department shall take into consideration whether | ||
the owner, any partner, any manager or member of a limited | ||
liability company, or a corporate officer of the applicant is | ||
or has been the owner, a partner, a manager or member of a | ||
limited liability company, or a corporate officer of another | ||
retailer that is in default for moneys due under this Act or | ||
any other tax or fee Act administered by the Department; and | ||
whether the owner, any partner, any manager or member of a | ||
limited liability company, or a corporate officer of the | ||
applicant is or has been the owner, a partner, a manager or | ||
member of a limited liability company, or a corporate officer | ||
of another retailer whose certificate of registration has been | ||
revoked within the previous 5 years under this Act or any other | ||
tax or fee Act administered by the Department. If a bond or | ||
other security is required, the Department shall fix the amount | ||
of the bond or other security, taking into consideration the | ||
amount of money expected to become due from the applicant under |
this Act and under any other State tax law or municipal or | ||
county tax ordinance or resolution under which the certificate | ||
of registration that is issued to the applicant under this Act | ||
will permit the applicant to engage in business without | ||
registering separately under such other law, ordinance, or | ||
resolution. The amount of security required by
the Department | ||
shall be such as, in its opinion, will protect the State of
| ||
Illinois against failure to pay the amount which may become due | ||
from the
applicant under this Act and under any other State tax | ||
law or municipal or
county tax ordinance or resolution under | ||
which the certificate of
registration that is issued to the | ||
applicant under this Act will permit the
applicant to engage in | ||
business without registering separately under such
other law, | ||
ordinance or resolution, but the amount of the security | ||
required
by the Department shall not exceed three times the | ||
amount of the
applicant's average monthly tax liability, or | ||
$50,000.00, whichever amount
is lower. | ||
No certificate of registration under this Act shall be | ||
issued by the
Department until the applicant provides the | ||
Department with satisfactory
security, if required, as herein | ||
provided for. | ||
Upon receipt of the application for certificate of | ||
registration in
proper form, and upon approval by the | ||
Department of the security furnished
by the applicant, if | ||
required, the Department shall issue to such applicant a
| ||
certificate of registration which shall permit the person to |
whom it is
issued to engage in the business of selling tangible | ||
personal property at
retail in this State. The certificate of | ||
registration shall be
conspicuously displayed at the place of | ||
business which the person so
registered states in his | ||
application to be the principal place of business
from which he | ||
engages in the business of selling tangible personal property
| ||
at retail in this State. | ||
No certificate of registration issued prior to July 1, 2017 | ||
to a taxpayer who files returns
required by this Act on a | ||
monthly basis or renewed prior to July 1, 2017 by a taxpayer | ||
who files returns
required by this Act on a monthly basis shall | ||
be valid after the expiration
of 5 years from the date of its | ||
issuance or last renewal. No certificate of registration issued | ||
on or after July 1, 2017 to a taxpayer who files returns
| ||
required by this Act on a monthly basis or renewed on or after | ||
July 1, 2017 by a taxpayer who files returns
required by this | ||
Act on a monthly basis shall be valid after the expiration
of | ||
one year from the date of its issuance or last renewal. The | ||
expiration
date of a sub-certificate of registration shall be | ||
that of the certificate
of registration to which the | ||
sub-certificate relates. Prior to July 1, 2017, a certificate | ||
of
registration shall automatically be renewed, subject to | ||
revocation as
provided by this Act, for an additional 5 years | ||
from the date of its
expiration unless otherwise notified by | ||
the Department as provided by this
paragraph. On and after July | ||
1, 2017, a certificate of
registration shall automatically be |
renewed, subject to revocation as
provided by this Act, for an | ||
additional one year from the date of its
expiration unless | ||
otherwise notified by the Department as provided by this
| ||
paragraph. | ||
Where a taxpayer to whom a certificate of registration is
| ||
issued under this Act is in default to the State of Illinois | ||
for delinquent
returns or for moneys due
under this Act or any | ||
other State tax law or municipal or county ordinance
| ||
administered or enforced by the Department, the Department | ||
shall, not less
than 60 days before the expiration date of such | ||
certificate of
registration, give notice to the taxpayer to | ||
whom the certificate was
issued of the account period of the | ||
delinquent returns, the amount of
tax,
penalty and interest due | ||
and owing from the
taxpayer, and that the certificate of | ||
registration shall not be
automatically renewed upon its | ||
expiration date unless the taxpayer, on or
before the date of | ||
expiration, has filed and paid the delinquent returns or
paid | ||
the defaulted amount in full. A
taxpayer to whom such a notice | ||
is issued shall be deemed an applicant for
renewal. The | ||
Department shall promulgate regulations establishing
| ||
procedures for taxpayers who file returns on a monthly basis | ||
but desire and
qualify to change to a quarterly or yearly | ||
filing basis and will no longer
be subject to renewal under | ||
this Section, and for taxpayers who file
returns on a yearly or | ||
quarterly basis but who desire or are required to
change to a | ||
monthly filing basis and will be subject to renewal under
this |
Section. | ||
The Department may in its discretion approve renewal by an | ||
applicant
who is in default if, at the time of application for | ||
renewal, the applicant
files all of the delinquent returns or | ||
pays to the Department such
percentage of the defaulted amount | ||
as may be
determined by the Department and agrees in writing to | ||
waive all limitations
upon the Department for collection of the | ||
remaining defaulted amount to the
Department over a period not | ||
to exceed 5 years from the date of renewal of
the certificate; | ||
however, no renewal application submitted by an applicant
who | ||
is in default shall be approved if the immediately preceding | ||
renewal by
the applicant was conditioned upon the installment | ||
payment
agreement described in this Section. The payment | ||
agreement herein provided
for shall be in addition to and not | ||
in lieu of the security that may be required by
this Section of | ||
a taxpayer who is no longer considered a prior continuous
| ||
compliance taxpayer. The execution of the payment agreement as | ||
provided in
this Act shall not toll the accrual of interest at | ||
the statutory rate. | ||
The Department may suspend a certificate of registration if | ||
the Department finds that the person to whom the certificate of | ||
registration has been issued knowingly sold contraband | ||
cigarettes. | ||
A certificate of registration issued under this Act more | ||
than 5 years
before January 1, 1990 ( the effective date of | ||
Public Act 86-383) this amendatory Act of 1989 shall expire and
|
be subject to the renewal provisions of this Section on the | ||
next
anniversary of the date of issuance of such certificate | ||
which occurs more
than 6 months after January 1, 1990 ( the | ||
effective date of Public Act 86-383) this amendatory Act of | ||
1989 . A
certificate of registration issued less than 5 years | ||
before January 1, 1990 ( the effective
date of Public Act | ||
86-383) this amendatory Act of 1989 shall expire and be subject | ||
to the
renewal provisions of this Section on the 5th | ||
anniversary of the issuance
of the certificate. | ||
If the person so registered states that he operates other | ||
places of
business from which he engages in the business of | ||
selling tangible personal
property at retail in this State, the | ||
Department shall furnish him with a
sub-certificate of | ||
registration for each such place of business, and the
applicant | ||
shall display the appropriate sub-certificate of registration | ||
at
each such place of business. All sub-certificates of | ||
registration shall
bear the same registration number as that | ||
appearing upon the certificate of
registration to which such | ||
sub-certificates relate. | ||
If the applicant will sell tangible personal property at | ||
retail through
vending machines, the Department shall furnish | ||
him with a sub-certificate
of registration for each such | ||
vending machine, and the applicant shall
display the | ||
appropriate sub-certificate of registration on each such
| ||
vending machine by attaching the sub-certificate of | ||
registration to a
conspicuous part of such vending machine. If |
a person who is registered to sell tangible personal property | ||
at retail through vending machines adds an additional vending | ||
machine or additional vending machines to the number of vending | ||
machines he or she uses in his or her business of selling | ||
tangible personal property at retail, he or she shall notify | ||
the Department, on a form prescribed by the Department, to | ||
request an additional sub-certificate or additional | ||
sub-certificates of registration, as applicable. With each | ||
such request, the applicant shall report the number of | ||
sub-certificates of registration he or she is requesting as | ||
well as the total number of vending machines from which he or | ||
she makes retail sales. | ||
Where the same person engages in 2 or more businesses of | ||
selling
tangible personal property at retail in this State, | ||
which businesses are
substantially different in character or | ||
engaged in under different trade
names or engaged in under | ||
other substantially dissimilar circumstances (so
that it is | ||
more practicable, from an accounting, auditing or bookkeeping
| ||
standpoint, for such businesses to be separately registered), | ||
the
Department may require or permit such person (subject to | ||
the same
requirements concerning the furnishing of security as | ||
those that are
provided for hereinbefore in this Section as to | ||
each application for a
certificate of registration) to apply | ||
for and obtain a separate certificate
of registration for each | ||
such business or for any of such businesses, under
a single | ||
certificate of registration supplemented by related
|
sub-certificates of registration. | ||
Any person who is registered under the " Retailers' | ||
Occupation Tax Act "
as of March 8, 1963, and who, during the | ||
3-year period immediately prior to
March 8, 1963, or during a | ||
continuous 3-year period part of which passed
immediately | ||
before and the remainder of which passes immediately after
| ||
March 8, 1963, has been so registered continuously and who is | ||
determined by
the Department not to have been either delinquent | ||
or deficient in the
payment of tax liability during that period | ||
under this Act or under any
other State tax law or municipal or | ||
county tax ordinance or resolution
under which the certificate | ||
of registration that is issued to the
registrant under this Act | ||
will permit the registrant to engage in business
without | ||
registering separately under such other law, ordinance or
| ||
resolution, shall be considered to be a Prior Continuous | ||
Compliance
taxpayer. Also any taxpayer who has, as verified by | ||
the Department,
faithfully and continuously complied with the | ||
condition of his bond or
other security under the provisions of | ||
this Act for a period of 3
consecutive years shall be | ||
considered to be a Prior Continuous Compliance
taxpayer. | ||
Every Prior Continuous Compliance taxpayer shall be exempt | ||
from all
requirements under this Act concerning the furnishing | ||
of a bond or other security as a
condition precedent to his | ||
being authorized to engage in the business of
selling tangible | ||
personal property at retail in this State. This exemption
shall | ||
continue for each such taxpayer until such time as he may be
|
determined by the Department to be delinquent in the filing of | ||
any returns,
or is determined by the Department (either through | ||
the Department's
issuance of a final assessment which has | ||
become final under the Act, or by
the taxpayer's filing of a | ||
return which admits tax that is not paid to be
due) to be | ||
delinquent or deficient in the paying of any tax under this Act
| ||
or under any other State tax law or municipal or county tax | ||
ordinance or
resolution under which the certificate of | ||
registration that is issued to
the registrant under this Act | ||
will permit the registrant to engage in
business without | ||
registering separately under such other law, ordinance or
| ||
resolution, at which time that taxpayer shall become subject to | ||
all the
financial responsibility requirements of this Act and, | ||
as a condition of
being allowed to continue to engage in the | ||
business of selling tangible
personal property at retail, may | ||
be required to post bond or other
acceptable security with the | ||
Department covering liability which such
taxpayer may | ||
thereafter incur. Any taxpayer who fails to pay an admitted or
| ||
established liability under this Act may also be required to | ||
post bond or
other acceptable security with this Department | ||
guaranteeing the payment of
such admitted or established | ||
liability. | ||
No certificate of registration shall be issued to any | ||
person who is in
default to the State of Illinois for moneys | ||
due under this Act or under any
other State tax law or | ||
municipal or county tax ordinance or resolution
under which the |
certificate of registration that is issued to the applicant
| ||
under this Act will permit the applicant to engage in business | ||
without
registering separately under such other law, ordinance | ||
or resolution. | ||
Any person aggrieved by any decision of the Department | ||
under this
Section may, within 20 days after notice of such | ||
decision, protest and
request a hearing, whereupon the | ||
Department shall give notice to such
person of the time and | ||
place fixed for such hearing and shall hold a
hearing in | ||
conformity with the provisions of this Act and then issue its
| ||
final administrative decision in the matter to such person. In | ||
the absence
of such a protest within 20 days, the Department's | ||
decision shall become
final without any further determination | ||
being made or notice given. | ||
With respect to security other than bonds (upon which the | ||
Department may
sue in the event of a forfeiture), if the | ||
taxpayer fails to pay, when due,
any amount whose payment such | ||
security guarantees, the Department shall,
after such | ||
liability is admitted by the taxpayer or established by the
| ||
Department through the issuance of a final assessment that has | ||
become final
under the law, convert the security which that | ||
taxpayer has furnished into
money for the State, after first | ||
giving the taxpayer at least 10 days'
written notice, by | ||
registered or certified mail, to pay the liability or
forfeit | ||
such security to the Department. If the security consists of | ||
stocks
or bonds or other securities which are listed on a |
public exchange, the
Department shall sell such securities | ||
through such public exchange. If
the security consists of an | ||
irrevocable bank letter of credit, the
Department shall convert | ||
the security in the manner provided for in the
Uniform | ||
Commercial Code. If the security consists of a bank certificate | ||
of
deposit, the Department shall convert the security into | ||
money by demanding
and collecting the amount of such bank | ||
certificate of deposit from the bank
which issued such | ||
certificate. If the security consists of a type of stocks
or | ||
other securities which are not listed on a public exchange, the
| ||
Department shall sell such security to the highest and best | ||
bidder after
giving at least 10 days' notice of the date, time | ||
and place of the intended
sale by publication in the "State | ||
Official Newspaper". If the Department
realizes more than the | ||
amount of such liability from the security, plus the
expenses | ||
incurred by the Department in converting the security into | ||
money,
the Department shall pay such excess to the taxpayer who | ||
furnished such
security, and the balance shall be paid into the | ||
State Treasury. | ||
The Department shall discharge any surety and shall release | ||
and return
any security deposited, assigned, pledged or | ||
otherwise provided to it by
a taxpayer under this Section | ||
within 30 days after: | ||
(1) such taxpayer becomes a Prior Continuous | ||
Compliance taxpayer; or | ||
(2) such taxpayer has ceased to collect receipts on |
which he is required
to remit tax to the Department, has | ||
filed a final tax return, and has paid
to the Department an | ||
amount sufficient to discharge his remaining tax
| ||
liability, as determined by the Department, under this Act | ||
and under every
other State tax law or municipal or county | ||
tax ordinance or resolution
under which the certificate of | ||
registration issued under this Act permits
the registrant | ||
to engage in business without registering separately under
| ||
such other law, ordinance or resolution. The Department | ||
shall make a final
determination of the taxpayer's | ||
outstanding tax liability as expeditiously
as possible | ||
after his final tax return has been filed; if the | ||
Department
cannot make such final determination within 45 | ||
days after receiving the
final tax return, within such | ||
period it shall so notify the taxpayer,
stating its reasons | ||
therefor. | ||
(Source: P.A. 100-302, eff. 8-24-17; 100-303, eff. 8-24-17; | ||
revised 9-25-17.)
| ||
(35 ILCS 120/3) (from Ch. 120, par. 442)
| ||
(Text of Section before amendment by P.A. 100-363 ) | ||
Sec. 3. Except as provided in this Section, on or before | ||
the twentieth
day of each calendar month, every person engaged | ||
in the business of
selling tangible personal property at retail | ||
in this State during the
preceding calendar month shall file a | ||
return with the Department, stating: |
1. The name of the seller; | ||
2. His residence address and the address of his | ||
principal place of
business and the address of the | ||
principal place of business (if that is
a different | ||
address) from which he engages in the business of selling
| ||
tangible personal property at retail in this State; | ||
3. Total amount of receipts received by him during the | ||
preceding
calendar month or quarter, as the case may be, | ||
from sales of tangible
personal property, and from services | ||
furnished, by him during such
preceding calendar month or | ||
quarter; | ||
4. Total amount received by him during the preceding | ||
calendar month or
quarter on charge and time sales of | ||
tangible personal property, and from
services furnished, | ||
by him prior to the month or quarter for which the return
| ||
is filed; | ||
5. Deductions allowed by law; | ||
6. Gross receipts which were received by him during the | ||
preceding
calendar month or quarter and upon the basis of | ||
which the tax is imposed; | ||
7. The amount of credit provided in Section 2d of this | ||
Act; | ||
8. The amount of tax due; | ||
9. The signature of the taxpayer; and | ||
10. Such other reasonable information as the | ||
Department may require. |
On and after January 1, 2018, except for returns for motor | ||
vehicles, watercraft, aircraft, and trailers that are required | ||
to be registered with an agency of this State, with respect to | ||
retailers whose annual gross receipts average $20,000 or more, | ||
all returns required to be filed pursuant to this Act shall be | ||
filed electronically. Retailers who demonstrate that they do | ||
not have access to the Internet or demonstrate hardship in | ||
filing electronically may petition the Department to waive the | ||
electronic filing requirement. | ||
If a taxpayer fails to sign a return within 30 days after | ||
the proper notice
and demand for signature by the Department, | ||
the return shall be considered
valid and any amount shown to be | ||
due on the return shall be deemed assessed. | ||
Each return shall be accompanied by the statement of | ||
prepaid tax issued
pursuant to Section 2e for which credit is | ||
claimed. | ||
Prior to October 1, 2003, and on and after September 1, | ||
2004 a retailer may accept a Manufacturer's Purchase
Credit
| ||
certification from a purchaser in satisfaction of Use Tax
as | ||
provided in Section 3-85 of the Use Tax Act if the purchaser | ||
provides the
appropriate documentation as required by Section | ||
3-85
of the Use Tax Act. A Manufacturer's Purchase Credit
| ||
certification, accepted by a retailer prior to October 1, 2003 | ||
and on and after September 1, 2004 as provided
in
Section 3-85 | ||
of the Use Tax Act, may be used by that retailer to
satisfy | ||
Retailers' Occupation Tax liability in the amount claimed in
|
the certification, not to exceed 6.25% of the receipts
subject | ||
to tax from a qualifying purchase. A Manufacturer's Purchase | ||
Credit
reported on any original or amended return
filed under
| ||
this Act after October 20, 2003 for reporting periods prior to | ||
September 1, 2004 shall be disallowed. Manufacturer's | ||
Purchaser Credit reported on annual returns due on or after | ||
January 1, 2005 will be disallowed for periods prior to | ||
September 1, 2004. No Manufacturer's
Purchase Credit may be | ||
used after September 30, 2003 through August 31, 2004 to
| ||
satisfy any
tax liability imposed under this Act, including any | ||
audit liability. | ||
The Department may require returns to be filed on a | ||
quarterly basis.
If so required, a return for each calendar | ||
quarter shall be filed on or
before the twentieth day of the | ||
calendar month following the end of such
calendar quarter. The | ||
taxpayer shall also file a return with the
Department for each | ||
of the first two months of each calendar quarter, on or
before | ||
the twentieth day of the following calendar month, stating: | ||
1. The name of the seller; | ||
2. The address of the principal place of business from | ||
which he engages
in the business of selling tangible | ||
personal property at retail in this State; | ||
3. The total amount of taxable receipts received by him | ||
during the
preceding calendar month from sales of tangible | ||
personal property by him
during such preceding calendar | ||
month, including receipts from charge and
time sales, but |
less all deductions allowed by law; | ||
4. The amount of credit provided in Section 2d of this | ||
Act; | ||
5. The amount of tax due; and | ||
6. Such other reasonable information as the Department | ||
may
require. | ||
Beginning on October 1, 2003, any person who is not a | ||
licensed
distributor, importing distributor, or manufacturer, | ||
as defined in the Liquor
Control Act of 1934, but is engaged in | ||
the business of
selling, at retail, alcoholic liquor
shall file | ||
a statement with the Department of Revenue, in a format
and at | ||
a time prescribed by the Department, showing the total amount | ||
paid for
alcoholic liquor purchased during the preceding month | ||
and such other
information as is reasonably required by the | ||
Department.
The Department may adopt rules to require
that this | ||
statement be filed in an electronic or telephonic format. Such | ||
rules
may provide for exceptions from the filing requirements | ||
of this paragraph. For
the
purposes of this
paragraph, the term | ||
"alcoholic liquor" shall have the meaning prescribed in the
| ||
Liquor Control Act of 1934. | ||
Beginning on October 1, 2003, every distributor, importing | ||
distributor, and
manufacturer of alcoholic liquor as defined in | ||
the Liquor Control Act of 1934,
shall file a
statement with the | ||
Department of Revenue, no later than the 10th day of the
month | ||
for the
preceding month during which transactions occurred, by | ||
electronic means,
showing the
total amount of gross receipts |
from the sale of alcoholic liquor sold or
distributed during
| ||
the preceding month to purchasers; identifying the purchaser to | ||
whom it was
sold or
distributed; the purchaser's tax | ||
registration number; and such other
information
reasonably | ||
required by the Department. A distributor, importing | ||
distributor, or manufacturer of alcoholic liquor must | ||
personally deliver, mail, or provide by electronic means to | ||
each retailer listed on the monthly statement a report | ||
containing a cumulative total of that distributor's, importing | ||
distributor's, or manufacturer's total sales of alcoholic | ||
liquor to that retailer no later than the 10th day of the month | ||
for the preceding month during which the transaction occurred. | ||
The distributor, importing distributor, or manufacturer shall | ||
notify the retailer as to the method by which the distributor, | ||
importing distributor, or manufacturer will provide the sales | ||
information. If the retailer is unable to receive the sales | ||
information by electronic means, the distributor, importing | ||
distributor, or manufacturer shall furnish the sales | ||
information by personal delivery or by mail. For purposes of | ||
this paragraph, the term "electronic means" includes, but is | ||
not limited to, the use of a secure Internet website, e-mail, | ||
or facsimile. | ||
If a total amount of less than $1 is payable, refundable or | ||
creditable,
such amount shall be disregarded if it is less than | ||
50 cents and shall be
increased to $1 if it is 50 cents or more. | ||
Beginning October 1, 1993,
a taxpayer who has an average |
monthly tax liability of $150,000 or more shall
make all | ||
payments required by rules of the
Department by electronic | ||
funds transfer. Beginning October 1, 1994, a taxpayer
who has | ||
an average monthly tax liability of $100,000 or more shall make | ||
all
payments required by rules of the Department by electronic | ||
funds transfer.
Beginning October 1, 1995, a taxpayer who has | ||
an average monthly tax liability
of $50,000 or more shall make | ||
all
payments required by rules of the Department by electronic | ||
funds transfer.
Beginning October 1, 2000, a taxpayer who has | ||
an annual tax liability of
$200,000 or more shall make all | ||
payments required by rules of the Department by
electronic | ||
funds transfer. The term "annual tax liability" shall be the | ||
sum of
the taxpayer's liabilities under this Act, and under all | ||
other State and local
occupation and use tax laws administered | ||
by the Department, for the immediately
preceding calendar year.
| ||
The term "average monthly tax liability" shall be the sum of | ||
the
taxpayer's liabilities under this
Act, and under all other | ||
State and local occupation and use tax
laws administered by the | ||
Department, for the immediately preceding calendar
year | ||
divided by 12.
Beginning on October 1, 2002, a taxpayer who has | ||
a tax liability in the
amount set forth in subsection (b) of | ||
Section 2505-210 of the Department of
Revenue Law shall make | ||
all payments required by rules of the Department by
electronic | ||
funds transfer. | ||
Before August 1 of each year beginning in 1993, the | ||
Department shall
notify all taxpayers required to make payments |
by electronic funds
transfer. All taxpayers
required to make | ||
payments by electronic funds transfer shall make those
payments | ||
for
a minimum of one year beginning on October 1. | ||
Any taxpayer not required to make payments by electronic | ||
funds transfer may
make payments by electronic funds transfer | ||
with
the permission of the Department. | ||
All taxpayers required to make payment by electronic funds | ||
transfer and
any taxpayers authorized to voluntarily make | ||
payments by electronic funds
transfer shall make those payments | ||
in the manner authorized by the Department. | ||
The Department shall adopt such rules as are necessary to | ||
effectuate a
program of electronic funds transfer and the | ||
requirements of this Section. | ||
Any amount which is required to be shown or reported on any | ||
return or
other document under this Act shall, if such amount | ||
is not a whole-dollar
amount, be increased to the nearest | ||
whole-dollar amount in any case where
the fractional part of a | ||
dollar is 50 cents or more, and decreased to the
nearest | ||
whole-dollar amount where the fractional part of a dollar is | ||
less
than 50 cents. | ||
If the retailer is otherwise required to file a monthly | ||
return and if the
retailer's average monthly tax liability to | ||
the Department does not exceed
$200, the Department may | ||
authorize his returns to be filed on a quarter
annual basis, | ||
with the return for January, February and March of a given
year | ||
being due by April 20 of such year; with the return for April, |
May and
June of a given year being due by July 20 of such year; | ||
with the return for
July, August and September of a given year | ||
being due by October 20 of such
year, and with the return for | ||
October, November and December of a given
year being due by | ||
January 20 of the following year. | ||
If the retailer is otherwise required to file a monthly or | ||
quarterly
return and if the retailer's average monthly tax | ||
liability with the
Department does not exceed $50, the | ||
Department may authorize his returns to
be filed on an annual | ||
basis, with the return for a given year being due by
January 20 | ||
of the following year. | ||
Such quarter annual and annual returns, as to form and | ||
substance,
shall be subject to the same requirements as monthly | ||
returns. | ||
Notwithstanding any other provision in this Act concerning | ||
the time
within which a retailer may file his return, in the | ||
case of any retailer
who ceases to engage in a kind of business | ||
which makes him responsible
for filing returns under this Act, | ||
such retailer shall file a final
return under this Act with the | ||
Department not more than one month after
discontinuing such | ||
business. | ||
Where the same person has more than one business registered | ||
with the
Department under separate registrations under this | ||
Act, such person may
not file each return that is due as a | ||
single return covering all such
registered businesses, but | ||
shall file separate returns for each such
registered business. |
In addition, with respect to motor vehicles, watercraft,
| ||
aircraft, and trailers that are required to be registered with | ||
an agency of
this State, every
retailer selling this kind of | ||
tangible personal property shall file,
with the Department, | ||
upon a form to be prescribed and supplied by the
Department, a | ||
separate return for each such item of tangible personal
| ||
property which the retailer sells, except that if, in the same
| ||
transaction, (i) a retailer of aircraft, watercraft, motor | ||
vehicles or
trailers transfers more than one aircraft, | ||
watercraft, motor
vehicle or trailer to another aircraft, | ||
watercraft, motor vehicle
retailer or trailer retailer for the | ||
purpose of resale
or (ii) a retailer of aircraft, watercraft, | ||
motor vehicles, or trailers
transfers more than one aircraft, | ||
watercraft, motor vehicle, or trailer to a
purchaser for use as | ||
a qualifying rolling stock as provided in Section 2-5 of
this | ||
Act, then
that seller may report the transfer of all aircraft,
| ||
watercraft, motor vehicles or trailers involved in that | ||
transaction to the
Department on the same uniform | ||
invoice-transaction reporting return form. For
purposes of | ||
this Section, "watercraft" means a Class 2, Class 3, or Class 4
| ||
watercraft as defined in Section 3-2 of the Boat Registration | ||
and Safety Act, a
personal watercraft, or any boat equipped | ||
with an inboard motor. | ||
Any retailer who sells only motor vehicles, watercraft,
| ||
aircraft, or trailers that are required to be registered with | ||
an agency of
this State, so that all
retailers' occupation tax |
liability is required to be reported, and is
reported, on such | ||
transaction reporting returns and who is not otherwise
required | ||
to file monthly or quarterly returns, need not file monthly or
| ||
quarterly returns. However, those retailers shall be required | ||
to
file returns on an annual basis. | ||
The transaction reporting return, in the case of motor | ||
vehicles
or trailers that are required to be registered with an | ||
agency of this
State, shall
be the same document as the Uniform | ||
Invoice referred to in Section 5-402
of The Illinois Vehicle | ||
Code and must show the name and address of the
seller; the name | ||
and address of the purchaser; the amount of the selling
price | ||
including the amount allowed by the retailer for traded-in
| ||
property, if any; the amount allowed by the retailer for the | ||
traded-in
tangible personal property, if any, to the extent to | ||
which Section 1 of
this Act allows an exemption for the value | ||
of traded-in property; the
balance payable after deducting such | ||
trade-in allowance from the total
selling price; the amount of | ||
tax due from the retailer with respect to
such transaction; the | ||
amount of tax collected from the purchaser by the
retailer on | ||
such transaction (or satisfactory evidence that such tax is
not | ||
due in that particular instance, if that is claimed to be the | ||
fact);
the place and date of the sale; a sufficient | ||
identification of the
property sold; such other information as | ||
is required in Section 5-402 of
The Illinois Vehicle Code, and | ||
such other information as the Department
may reasonably | ||
require. |
The transaction reporting return in the case of watercraft
| ||
or aircraft must show
the name and address of the seller; the | ||
name and address of the
purchaser; the amount of the selling | ||
price including the amount allowed
by the retailer for | ||
traded-in property, if any; the amount allowed by
the retailer | ||
for the traded-in tangible personal property, if any, to
the | ||
extent to which Section 1 of this Act allows an exemption for | ||
the
value of traded-in property; the balance payable after | ||
deducting such
trade-in allowance from the total selling price; | ||
the amount of tax due
from the retailer with respect to such | ||
transaction; the amount of tax
collected from the purchaser by | ||
the retailer on such transaction (or
satisfactory evidence that | ||
such tax is not due in that particular
instance, if that is | ||
claimed to be the fact); the place and date of the
sale, a | ||
sufficient identification of the property sold, and such other
| ||
information as the Department may reasonably require. | ||
Such transaction reporting return shall be filed not later | ||
than 20
days after the day of delivery of the item that is | ||
being sold, but may
be filed by the retailer at any time sooner | ||
than that if he chooses to
do so. The transaction reporting | ||
return and tax remittance or proof of
exemption from the | ||
Illinois use tax may be transmitted to the Department
by way of | ||
the State agency with which, or State officer with whom the
| ||
tangible personal property must be titled or registered (if | ||
titling or
registration is required) if the Department and such | ||
agency or State
officer determine that this procedure will |
expedite the processing of
applications for title or | ||
registration. | ||
With each such transaction reporting return, the retailer | ||
shall remit
the proper amount of tax due (or shall submit | ||
satisfactory evidence that
the sale is not taxable if that is | ||
the case), to the Department or its
agents, whereupon the | ||
Department shall issue, in the purchaser's name, a
use tax | ||
receipt (or a certificate of exemption if the Department is
| ||
satisfied that the particular sale is tax exempt) which such | ||
purchaser
may submit to the agency with which, or State officer | ||
with whom, he must
title or register the tangible personal | ||
property that is involved (if
titling or registration is | ||
required) in support of such purchaser's
application for an | ||
Illinois certificate or other evidence of title or
registration | ||
to such tangible personal property. | ||
No retailer's failure or refusal to remit tax under this | ||
Act
precludes a user, who has paid the proper tax to the | ||
retailer, from
obtaining his certificate of title or other | ||
evidence of title or
registration (if titling or registration | ||
is required) upon satisfying
the Department that such user has | ||
paid the proper tax (if tax is due) to
the retailer. The | ||
Department shall adopt appropriate rules to carry out
the | ||
mandate of this paragraph. | ||
If the user who would otherwise pay tax to the retailer | ||
wants the
transaction reporting return filed and the payment of | ||
the tax or proof
of exemption made to the Department before the |
retailer is willing to
take these actions and such user has not | ||
paid the tax to the retailer,
such user may certify to the fact | ||
of such delay by the retailer and may
(upon the Department | ||
being satisfied of the truth of such certification)
transmit | ||
the information required by the transaction reporting return
| ||
and the remittance for tax or proof of exemption directly to | ||
the
Department and obtain his tax receipt or exemption | ||
determination, in
which event the transaction reporting return | ||
and tax remittance (if a
tax payment was required) shall be | ||
credited by the Department to the
proper retailer's account | ||
with the Department, but without the 2.1% or 1.75%
discount | ||
provided for in this Section being allowed. When the user pays
| ||
the tax directly to the Department, he shall pay the tax in the | ||
same
amount and in the same form in which it would be remitted | ||
if the tax had
been remitted to the Department by the retailer. | ||
Refunds made by the seller during the preceding return | ||
period to
purchasers, on account of tangible personal property | ||
returned to the
seller, shall be allowed as a deduction under | ||
subdivision 5 of his monthly
or quarterly return, as the case | ||
may be, in case the
seller had theretofore included the | ||
receipts from the sale of such
tangible personal property in a | ||
return filed by him and had paid the tax
imposed by this Act | ||
with respect to such receipts. | ||
Where the seller is a corporation, the return filed on | ||
behalf of such
corporation shall be signed by the president, | ||
vice-president, secretary
or treasurer or by the properly |
accredited agent of such corporation. | ||
Where the seller is a limited liability company, the return | ||
filed on behalf
of the limited liability company shall be | ||
signed by a manager, member, or
properly accredited agent of | ||
the limited liability company. | ||
Except as provided in this Section, the retailer filing the | ||
return
under this Section shall, at the time of filing such | ||
return, pay to the
Department the amount of tax imposed by this | ||
Act less a discount of 2.1%
prior to January 1, 1990 and 1.75% | ||
on and after January 1, 1990, or $5 per
calendar year, | ||
whichever is greater, which is allowed to
reimburse the | ||
retailer for the expenses incurred in keeping records,
| ||
preparing and filing returns, remitting the tax and supplying | ||
data to
the Department on request. Any prepayment made pursuant | ||
to Section 2d
of this Act shall be included in the amount on | ||
which such
2.1% or 1.75% discount is computed. In the case of | ||
retailers who report
and pay the tax on a transaction by | ||
transaction basis, as provided in this
Section, such discount | ||
shall be taken with each such tax remittance
instead of when | ||
such retailer files his periodic return. The discount allowed | ||
under this Section is allowed only for returns that are filed | ||
in the manner required by this Act. The Department may disallow | ||
the discount for retailers whose certificate of registration is | ||
revoked at the time the return is filed, but only if the | ||
Department's decision to revoke the certificate of | ||
registration has become final. |
Before October 1, 2000, if the taxpayer's average monthly | ||
tax liability
to the Department
under this Act, the Use Tax | ||
Act, the Service Occupation Tax
Act, and the Service Use Tax | ||
Act, excluding any liability for prepaid sales
tax to be | ||
remitted in accordance with Section 2d of this Act, was
$10,000
| ||
or more during the preceding 4 complete calendar quarters, he | ||
shall file a
return with the Department each month by the 20th | ||
day of the month next
following the month during which such tax | ||
liability is incurred and shall
make payments to the Department | ||
on or before the 7th, 15th, 22nd and last
day of the month | ||
during which such liability is incurred.
On and after October | ||
1, 2000, if the taxpayer's average monthly tax liability
to the | ||
Department under this Act, the Use Tax Act, the Service | ||
Occupation Tax
Act, and the Service Use Tax Act, excluding any | ||
liability for prepaid sales tax
to be remitted in accordance | ||
with Section 2d of this Act, was $20,000 or more
during the | ||
preceding 4 complete calendar quarters, he shall file a return | ||
with
the Department each month by the 20th day of the month | ||
next following the month
during which such tax liability is | ||
incurred and shall make payment to the
Department on or before | ||
the 7th, 15th, 22nd and last day of the month during
which such | ||
liability is incurred.
If the month
during which such tax | ||
liability is incurred began prior to January 1, 1985,
each | ||
payment shall be in an amount equal to 1/4 of the taxpayer's | ||
actual
liability for the month or an amount set by the | ||
Department not to exceed
1/4 of the average monthly liability |
of the taxpayer to the Department for
the preceding 4 complete | ||
calendar quarters (excluding the month of highest
liability and | ||
the month of lowest liability in such 4 quarter period). If
the | ||
month during which such tax liability is incurred begins on or | ||
after
January 1, 1985 and prior to January 1, 1987, each | ||
payment shall be in an
amount equal to 22.5% of the taxpayer's | ||
actual liability for the month or
27.5% of the taxpayer's | ||
liability for the same calendar
month of the preceding year. If | ||
the month during which such tax
liability is incurred begins on | ||
or after January 1, 1987 and prior to
January 1, 1988, each | ||
payment shall be in an amount equal to 22.5% of the
taxpayer's | ||
actual liability for the month or 26.25% of the taxpayer's
| ||
liability for the same calendar month of the preceding year. If | ||
the month
during which such tax liability is incurred begins on | ||
or after January 1,
1988, and prior to January 1, 1989, or | ||
begins on or after January 1, 1996, each
payment shall be in an | ||
amount
equal to 22.5% of the taxpayer's actual liability for | ||
the month or 25% of
the taxpayer's liability for the same | ||
calendar month of the preceding year. If
the month during which | ||
such tax liability is incurred begins on or after
January 1, | ||
1989, and prior to January 1, 1996, each payment shall be in an
| ||
amount equal to 22.5% of the
taxpayer's actual liability for | ||
the month or 25% of the taxpayer's
liability for the same | ||
calendar month of the preceding year or 100% of the
taxpayer's | ||
actual liability for the quarter monthly reporting period. The
| ||
amount of such quarter monthly payments shall be credited |
against
the final tax liability of the taxpayer's return for | ||
that month. Before
October 1, 2000, once
applicable, the | ||
requirement of the making of quarter monthly payments to
the | ||
Department by taxpayers having an average monthly tax liability | ||
of
$10,000 or more as determined in the manner provided above
| ||
shall continue
until such taxpayer's average monthly liability | ||
to the Department during
the preceding 4 complete calendar | ||
quarters (excluding the month of highest
liability and the | ||
month of lowest liability) is less than
$9,000, or until
such | ||
taxpayer's average monthly liability to the Department as | ||
computed for
each calendar quarter of the 4 preceding complete | ||
calendar quarter period
is less than $10,000. However, if a | ||
taxpayer can show the
Department that
a substantial change in | ||
the taxpayer's business has occurred which causes
the taxpayer | ||
to anticipate that his average monthly tax liability for the
| ||
reasonably foreseeable future will fall below the $10,000 | ||
threshold
stated above, then
such taxpayer
may petition the | ||
Department for a change in such taxpayer's reporting
status. On | ||
and after October 1, 2000, once applicable, the requirement of
| ||
the making of quarter monthly payments to the Department by | ||
taxpayers having an
average monthly tax liability of $20,000 or | ||
more as determined in the manner
provided above shall continue | ||
until such taxpayer's average monthly liability
to the | ||
Department during the preceding 4 complete calendar quarters | ||
(excluding
the month of highest liability and the month of | ||
lowest liability) is less than
$19,000 or until such taxpayer's |
average monthly liability to the Department as
computed for | ||
each calendar quarter of the 4 preceding complete calendar | ||
quarter
period is less than $20,000. However, if a taxpayer can | ||
show the Department
that a substantial change in the taxpayer's | ||
business has occurred which causes
the taxpayer to anticipate | ||
that his average monthly tax liability for the
reasonably | ||
foreseeable future will fall below the $20,000 threshold stated
| ||
above, then such taxpayer may petition the Department for a | ||
change in such
taxpayer's reporting status. The Department | ||
shall change such taxpayer's
reporting status
unless it finds | ||
that such change is seasonal in nature and not likely to be
| ||
long term. If any such quarter monthly payment is not paid at | ||
the time or
in the amount required by this Section, then the | ||
taxpayer shall be liable for
penalties and interest on the | ||
difference
between the minimum amount due as a payment and the | ||
amount of such quarter
monthly payment actually and timely | ||
paid, except insofar as the
taxpayer has previously made | ||
payments for that month to the Department in
excess of the | ||
minimum payments previously due as provided in this Section.
| ||
The Department shall make reasonable rules and regulations to | ||
govern the
quarter monthly payment amount and quarter monthly | ||
payment dates for
taxpayers who file on other than a calendar | ||
monthly basis. | ||
The provisions of this paragraph apply before October 1, | ||
2001.
Without regard to whether a taxpayer is required to make | ||
quarter monthly
payments as specified above, any taxpayer who |
is required by Section 2d
of this Act to collect and remit | ||
prepaid taxes and has collected prepaid
taxes which average in | ||
excess of $25,000 per month during the preceding
2 complete | ||
calendar quarters, shall file a return with the Department as
| ||
required by Section 2f and shall make payments to the | ||
Department on or before
the 7th, 15th, 22nd and last day of the | ||
month during which such liability
is incurred. If the month | ||
during which such tax liability is incurred
began prior to | ||
September 1, 1985 (the effective date of Public Act 84-221), | ||
each
payment shall be in an amount not less than 22.5% of the | ||
taxpayer's actual
liability under Section 2d. If the month | ||
during which such tax liability
is incurred begins on or after | ||
January 1, 1986, each payment shall be in an
amount equal to | ||
22.5% of the taxpayer's actual liability for the month or
27.5% | ||
of the taxpayer's liability for the same calendar month of the
| ||
preceding calendar year. If the month during which such tax | ||
liability is
incurred begins on or after January 1, 1987, each | ||
payment shall be in an
amount equal to 22.5% of the taxpayer's | ||
actual liability for the month or
26.25% of the taxpayer's | ||
liability for the same calendar month of the
preceding year. | ||
The amount of such quarter monthly payments shall be
credited | ||
against the final tax liability of the taxpayer's return for | ||
that
month filed under this Section or Section 2f, as the case | ||
may be. Once
applicable, the requirement of the making of | ||
quarter monthly payments to
the Department pursuant to this | ||
paragraph shall continue until such
taxpayer's average monthly |
prepaid tax collections during the preceding 2
complete | ||
calendar quarters is $25,000 or less. If any such quarter | ||
monthly
payment is not paid at the time or in the amount | ||
required, the taxpayer
shall be liable for penalties and | ||
interest on such difference, except
insofar as the taxpayer has | ||
previously made payments for that month in
excess of the | ||
minimum payments previously due. | ||
The provisions of this paragraph apply on and after October | ||
1, 2001.
Without regard to whether a taxpayer is required to | ||
make quarter monthly
payments as specified above, any taxpayer | ||
who is required by Section 2d of this
Act to collect and remit | ||
prepaid taxes and has collected prepaid taxes that
average in | ||
excess of $20,000 per month during the preceding 4 complete | ||
calendar
quarters shall file a return with the Department as | ||
required by Section 2f
and shall make payments to the | ||
Department on or before the 7th, 15th, 22nd and
last day of the | ||
month during which the liability is incurred. Each payment
| ||
shall be in an amount equal to 22.5% of the taxpayer's actual | ||
liability for the
month or 25% of the taxpayer's liability for | ||
the same calendar month of the
preceding year. The amount of | ||
the quarter monthly payments shall be credited
against the | ||
final tax liability of the taxpayer's return for that month | ||
filed
under this Section or Section 2f, as the case may be. | ||
Once applicable, the
requirement of the making of quarter | ||
monthly payments to the Department
pursuant to this paragraph | ||
shall continue until the taxpayer's average monthly
prepaid tax |
collections during the preceding 4 complete calendar quarters
| ||
(excluding the month of highest liability and the month of | ||
lowest liability) is
less than $19,000 or until such taxpayer's | ||
average monthly liability to the
Department as computed for | ||
each calendar quarter of the 4 preceding complete
calendar | ||
quarters is less than $20,000. If any such quarter monthly | ||
payment is
not paid at the time or in the amount required, the | ||
taxpayer shall be liable
for penalties and interest on such | ||
difference, except insofar as the taxpayer
has previously made | ||
payments for that month in excess of the minimum payments
| ||
previously due. | ||
If any payment provided for in this Section exceeds
the | ||
taxpayer's liabilities under this Act, the Use Tax Act, the | ||
Service
Occupation Tax Act and the Service Use Tax Act, as | ||
shown on an original
monthly return, the Department shall, if | ||
requested by the taxpayer, issue to
the taxpayer a credit | ||
memorandum no later than 30 days after the date of
payment. The | ||
credit evidenced by such credit memorandum may
be assigned by | ||
the taxpayer to a similar taxpayer under this Act, the
Use Tax | ||
Act, the Service Occupation Tax Act or the Service Use Tax Act, | ||
in
accordance with reasonable rules and regulations to be | ||
prescribed by the
Department. If no such request is made, the | ||
taxpayer may credit such excess
payment against tax liability | ||
subsequently to be remitted to the Department
under this Act, | ||
the Use Tax Act, the Service Occupation Tax Act or the
Service | ||
Use Tax Act, in accordance with reasonable rules and |
regulations
prescribed by the Department. If the Department | ||
subsequently determined
that all or any part of the credit | ||
taken was not actually due to the
taxpayer, the taxpayer's 2.1% | ||
and 1.75% vendor's discount shall be reduced
by 2.1% or 1.75% | ||
of the difference between the credit taken and that
actually | ||
due, and that taxpayer shall be liable for penalties and | ||
interest
on such difference. | ||
If a retailer of motor fuel is entitled to a credit under | ||
Section 2d of
this Act which exceeds the taxpayer's liability | ||
to the Department under
this Act for the month which the | ||
taxpayer is filing a return, the
Department shall issue the | ||
taxpayer a credit memorandum for the excess. | ||
Beginning January 1, 1990, each month the Department shall | ||
pay into
the Local Government Tax Fund, a special fund in the | ||
State treasury which
is hereby created, the net revenue | ||
realized for the preceding month from
the 1% tax on sales of | ||
food for human consumption which is to be consumed
off the | ||
premises where it is sold (other than alcoholic beverages, soft
| ||
drinks and food which has been prepared for immediate | ||
consumption) and
prescription and nonprescription medicines, | ||
drugs, medical appliances, products classified as Class III | ||
medical devices by the United States Food and Drug | ||
Administration that are used for cancer treatment pursuant to a | ||
prescription, as well as any accessories and components related | ||
to those devices, and
insulin, urine testing materials, | ||
syringes and needles used by diabetics. |
Beginning January 1, 1990, each month the Department shall | ||
pay into
the County and Mass Transit District Fund, a special | ||
fund in the State
treasury which is hereby created, 4% of the | ||
net revenue realized
for the preceding month from the 6.25% | ||
general rate. | ||
Beginning August 1, 2000, each
month the Department shall | ||
pay into the
County and Mass Transit District Fund 20% of the | ||
net revenue realized for the
preceding month from the 1.25% | ||
rate on the selling price of motor fuel and
gasohol. Beginning | ||
September 1, 2010, each month the Department shall pay into the | ||
County and Mass Transit District Fund 20% of the net revenue | ||
realized for the preceding month from the 1.25% rate on the | ||
selling price of sales tax holiday items. | ||
Beginning January 1, 1990, each month the Department shall | ||
pay into
the Local Government Tax Fund 16% of the net revenue | ||
realized for the
preceding month from the 6.25% general rate on | ||
the selling price of
tangible personal property. | ||
Beginning August 1, 2000, each
month the Department shall | ||
pay into the
Local Government Tax Fund 80% of the net revenue | ||
realized for the preceding
month from the 1.25% rate on the | ||
selling price of motor fuel and gasohol. Beginning September 1, | ||
2010, each month the Department shall pay into the Local | ||
Government Tax Fund 80% of the net revenue realized for the | ||
preceding month from the 1.25% rate on the selling price of | ||
sales tax holiday items. | ||
Beginning October 1, 2009, each month the Department shall |
pay into the Capital Projects Fund an amount that is equal to | ||
an amount estimated by the Department to represent 80% of the | ||
net revenue realized for the preceding month from the sale of | ||
candy, grooming and hygiene products, and soft drinks that had | ||
been taxed at a rate of 1% prior to September 1, 2009 but that | ||
are now taxed at 6.25%. | ||
Beginning July 1, 2011, each
month the Department shall pay | ||
into the Clean Air Act Permit Fund 80% of the net revenue | ||
realized for the
preceding month from the 6.25% general rate on | ||
the selling price of sorbents used in Illinois in the process | ||
of sorbent injection as used to comply with the Environmental | ||
Protection Act or the federal Clean Air Act, but the total | ||
payment into the Clean Air Act Permit Fund under this Act and | ||
the Use Tax Act shall not exceed $2,000,000 in any fiscal year. | ||
Beginning July 1, 2013, each month the Department shall pay | ||
into the Underground Storage Tank Fund from the proceeds | ||
collected under this Act, the Use Tax Act, the Service Use Tax | ||
Act, and the Service Occupation Tax Act an amount equal to the | ||
average monthly deficit in the Underground Storage Tank Fund | ||
during the prior year, as certified annually by the Illinois | ||
Environmental Protection Agency, but the total payment into the | ||
Underground Storage Tank Fund under this Act, the Use Tax Act, | ||
the Service Use Tax Act, and the Service Occupation Tax Act | ||
shall not exceed $18,000,000 in any State fiscal year. As used | ||
in this paragraph, the "average monthly deficit" shall be equal | ||
to the difference between the average monthly claims for |
payment by the fund and the average monthly revenues deposited | ||
into the fund, excluding payments made pursuant to this | ||
paragraph. | ||
Beginning July 1, 2015, of the remainder of the moneys | ||
received by the Department under the Use Tax Act, the Service | ||
Use Tax Act, the Service Occupation Tax Act, and this Act, each | ||
month the Department shall deposit $500,000 into the State | ||
Crime Laboratory Fund. | ||
Of the remainder of the moneys received by the Department | ||
pursuant
to this Act, (a) 1.75% thereof shall be paid into the | ||
Build Illinois
Fund and (b) prior to July 1, 1989, 2.2% and on | ||
and after July 1, 1989,
3.8% thereof shall be paid into the | ||
Build Illinois Fund; provided, however,
that if in any fiscal | ||
year the sum of (1) the aggregate of 2.2% or 3.8%, as
the case | ||
may be, of the moneys received by the Department and required | ||
to
be paid into the Build Illinois Fund pursuant to this Act, | ||
Section 9 of the
Use Tax Act, Section 9 of the Service Use Tax | ||
Act, and Section 9 of the
Service Occupation Tax Act, such Acts | ||
being hereinafter called the "Tax
Acts" and such aggregate of | ||
2.2% or 3.8%, as the case may be, of moneys
being hereinafter | ||
called the "Tax Act Amount", and (2) the amount
transferred to | ||
the Build Illinois Fund from the State and Local Sales Tax
| ||
Reform Fund shall be less than the Annual Specified Amount (as | ||
hereinafter
defined), an amount equal to the difference shall | ||
be immediately paid into
the Build Illinois Fund from other | ||
moneys received by the Department
pursuant to the Tax Acts; the |
"Annual Specified Amount" means the amounts
specified below for | ||||||||||||||||||||
fiscal years 1986 through 1993: | ||||||||||||||||||||
| ||||||||||||||||||||
and means the Certified Annual Debt Service Requirement (as | ||||||||||||||||||||
defined in
Section 13 of the Build Illinois Bond Act) or the | ||||||||||||||||||||
Tax Act Amount, whichever
is greater, for fiscal year 1994 and | ||||||||||||||||||||
each fiscal year thereafter; and
further provided, that if on | ||||||||||||||||||||
the last business day of any month the sum of
(1) the Tax Act | ||||||||||||||||||||
Amount required to be deposited into the Build Illinois
Bond | ||||||||||||||||||||
Account in the Build Illinois Fund during such month and (2) | ||||||||||||||||||||
the
amount transferred to the Build Illinois Fund from the | ||||||||||||||||||||
State and Local
Sales Tax Reform Fund shall have been less than | ||||||||||||||||||||
1/12 of the Annual
Specified Amount, an amount equal to the | ||||||||||||||||||||
difference shall be immediately
paid into the Build Illinois | ||||||||||||||||||||
Fund from other moneys received by the
Department pursuant to | ||||||||||||||||||||
the Tax Acts; and, further provided, that in no
event shall the | ||||||||||||||||||||
payments required under the preceding proviso result in
| ||||||||||||||||||||
aggregate payments into the Build Illinois Fund pursuant to |
this clause (b)
for any fiscal year in excess of the greater of | ||
(i) the Tax Act Amount or
(ii) the Annual Specified Amount for | ||
such fiscal year. The amounts payable
into the Build Illinois | ||
Fund under clause (b) of the first sentence in this
paragraph | ||
shall be payable only until such time as the aggregate amount | ||
on
deposit under each trust indenture securing Bonds issued and | ||
outstanding
pursuant to the Build Illinois Bond Act is | ||
sufficient, taking into account
any future investment income, | ||
to fully provide, in accordance with such
indenture, for the | ||
defeasance of or the payment of the principal of,
premium, if | ||
any, and interest on the Bonds secured by such indenture and on
| ||
any Bonds expected to be issued thereafter and all fees and | ||
costs payable
with respect thereto, all as certified by the | ||
Director of the Bureau of the
Budget (now Governor's Office of | ||
Management and Budget). If on the last
business day of any | ||
month in which Bonds are
outstanding pursuant to the Build | ||
Illinois Bond Act, the aggregate of
moneys deposited in the | ||
Build Illinois Bond Account in the Build Illinois
Fund in such | ||
month shall be less than the amount required to be transferred
| ||
in such month from the Build Illinois Bond Account to the Build | ||
Illinois
Bond Retirement and Interest Fund pursuant to Section | ||
13 of the Build
Illinois Bond Act, an amount equal to such | ||
deficiency shall be immediately
paid from other moneys received | ||
by the Department pursuant to the Tax Acts
to the Build | ||
Illinois Fund; provided, however, that any amounts paid to the
| ||
Build Illinois Fund in any fiscal year pursuant to this |
sentence shall be
deemed to constitute payments pursuant to | |||||||||||||||||
clause (b) of the first sentence
of this paragraph and shall | |||||||||||||||||
reduce the amount otherwise payable for such
fiscal year | |||||||||||||||||
pursuant to that clause (b). The moneys received by the
| |||||||||||||||||
Department pursuant to this Act and required to be deposited | |||||||||||||||||
into the Build
Illinois Fund are subject to the pledge, claim | |||||||||||||||||
and charge set forth in
Section 12 of the Build Illinois Bond | |||||||||||||||||
Act. | |||||||||||||||||
Subject to payment of amounts into the Build Illinois Fund | |||||||||||||||||
as provided in
the preceding paragraph or in any amendment | |||||||||||||||||
thereto hereafter enacted, the
following specified monthly | |||||||||||||||||
installment of the amount requested in the
certificate of the | |||||||||||||||||
Chairman of the Metropolitan Pier and Exposition
Authority | |||||||||||||||||
provided under Section 8.25f of the State Finance Act, but not | |||||||||||||||||
in
excess of sums designated as "Total Deposit", shall be | |||||||||||||||||
deposited in the
aggregate from collections under Section 9 of | |||||||||||||||||
the Use Tax Act, Section 9 of
the Service Use Tax Act, Section | |||||||||||||||||
9 of the Service Occupation Tax Act, and
Section 3 of the | |||||||||||||||||
Retailers' Occupation Tax Act into the McCormick Place
| |||||||||||||||||
Expansion Project Fund in the specified fiscal years. | |||||||||||||||||
|
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Beginning July 20, 1993 and in each month of each fiscal | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
year thereafter,
one-eighth of the amount requested in the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
certificate of the Chairman of
the Metropolitan Pier and | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Exposition Authority for that fiscal year, less
the amount | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
deposited into the McCormick Place Expansion Project Fund by | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
the
State Treasurer in the respective month under subsection | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(g) of Section 13
of the Metropolitan Pier and Exposition | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Authority Act, plus cumulative
deficiencies in the deposits |
required under this Section for previous
months and years, | ||
shall be deposited into the McCormick Place Expansion
Project | ||
Fund, until the full amount requested for the fiscal year, but | ||
not
in excess of the amount specified above as "Total Deposit", | ||
has been deposited. | ||
Subject to payment of amounts into the Build Illinois Fund | ||
and the
McCormick Place Expansion Project Fund pursuant to the | ||
preceding paragraphs
or in any amendments
thereto hereafter | ||
enacted, beginning July 1, 1993 and ending on September 30, | ||
2013, the Department shall each
month pay into the Illinois Tax | ||
Increment Fund 0.27% of 80% of the net revenue
realized for the | ||
preceding month from the 6.25% general rate on the selling
| ||
price of tangible personal property. | ||
Subject to payment of amounts into the Build Illinois Fund | ||
and the
McCormick Place Expansion Project Fund pursuant to the | ||
preceding paragraphs or in any
amendments thereto hereafter | ||
enacted, beginning with the receipt of the first
report of | ||
taxes paid by an eligible business and continuing for a 25-year
| ||
period, the Department shall each month pay into the Energy | ||
Infrastructure
Fund 80% of the net revenue realized from the | ||
6.25% general rate on the
selling price of Illinois-mined coal | ||
that was sold to an eligible business.
For purposes of this | ||
paragraph, the term "eligible business" means a new
electric | ||
generating facility certified pursuant to Section 605-332 of | ||
the
Department of Commerce and Economic Opportunity
Law of the | ||
Civil Administrative Code of Illinois. |
Subject to payment of amounts into the Build Illinois Fund, | ||
the McCormick Place Expansion Project Fund, the Illinois Tax | ||
Increment Fund, and the Energy Infrastructure Fund pursuant to | ||
the preceding paragraphs or in any amendments to this Section | ||
hereafter enacted, beginning on the first day of the first | ||
calendar month to occur on or after August 26, 2014 (the | ||
effective date of Public Act 98-1098), each month, from the | ||
collections made under Section 9 of the Use Tax Act, Section 9 | ||
of the Service Use Tax Act, Section 9 of the Service Occupation | ||
Tax Act, and Section 3 of the Retailers' Occupation Tax Act, | ||
the Department shall pay into the Tax Compliance and | ||
Administration Fund, to be used, subject to appropriation, to | ||
fund additional auditors and compliance personnel at the | ||
Department of Revenue, an amount equal to 1/12 of 5% of 80% of | ||
the cash receipts collected during the preceding fiscal year by | ||
the Audit Bureau of the Department under the Use Tax Act, the | ||
Service Use Tax Act, the Service Occupation Tax Act, the | ||
Retailers' Occupation Tax Act, and associated local occupation | ||
and use taxes administered by the Department. | ||
Of the remainder of the moneys received by the Department | ||
pursuant to
this Act, 75% thereof shall be paid into the State | ||
Treasury and 25% shall
be reserved in a special account and | ||
used only for the transfer to the
Common School Fund as part of | ||
the monthly transfer from the General Revenue
Fund in | ||
accordance with Section 8a of the State Finance Act. | ||
The Department may, upon separate written notice to a |
taxpayer,
require the taxpayer to prepare and file with the | ||
Department on a form
prescribed by the Department within not | ||
less than 60 days after receipt
of the notice an annual | ||
information return for the tax year specified in
the notice. | ||
Such annual return to the Department shall include a
statement | ||
of gross receipts as shown by the retailer's last Federal | ||
income
tax return. If the total receipts of the business as | ||
reported in the
Federal income tax return do not agree with the | ||
gross receipts reported to
the Department of Revenue for the | ||
same period, the retailer shall attach
to his annual return a | ||
schedule showing a reconciliation of the 2
amounts and the | ||
reasons for the difference. The retailer's annual
return to the | ||
Department shall also disclose the cost of goods sold by
the | ||
retailer during the year covered by such return, opening and | ||
closing
inventories of such goods for such year, costs of goods | ||
used from stock
or taken from stock and given away by the | ||
retailer during such year,
payroll information of the | ||
retailer's business during such year and any
additional | ||
reasonable information which the Department deems would be
| ||
helpful in determining the accuracy of the monthly, quarterly | ||
or annual
returns filed by such retailer as provided for in | ||
this Section. | ||
If the annual information return required by this Section | ||
is not
filed when and as required, the taxpayer shall be liable | ||
as follows: | ||
(i) Until January 1, 1994, the taxpayer shall be liable
|
for a penalty equal to 1/6 of 1% of the tax due from such | ||
taxpayer under
this Act during the period to be covered by | ||
the annual return for each
month or fraction of a month | ||
until such return is filed as required, the
penalty to be | ||
assessed and collected in the same manner as any other
| ||
penalty provided for in this Act. | ||
(ii) On and after January 1, 1994, the taxpayer shall | ||
be
liable for a penalty as described in Section 3-4 of the | ||
Uniform Penalty and
Interest Act. | ||
The chief executive officer, proprietor, owner or highest | ||
ranking
manager shall sign the annual return to certify the | ||
accuracy of the
information contained therein. Any person who | ||
willfully signs the
annual return containing false or | ||
inaccurate information shall be guilty
of perjury and punished | ||
accordingly. The annual return form prescribed
by the | ||
Department shall include a warning that the person signing the
| ||
return may be liable for perjury. | ||
The provisions of this Section concerning the filing of an | ||
annual
information return do not apply to a retailer who is not | ||
required to
file an income tax return with the United States | ||
Government. | ||
As soon as possible after the first day of each month, upon | ||
certification
of the Department of Revenue, the Comptroller | ||
shall order transferred and
the Treasurer shall transfer from | ||
the General Revenue Fund to the Motor
Fuel Tax Fund an amount | ||
equal to 1.7% of 80% of the net revenue realized
under this Act |
for the second preceding
month.
Beginning April 1, 2000, this | ||
transfer is no longer required
and shall not be made. | ||
Net revenue realized for a month shall be the revenue | ||
collected by the
State pursuant to this Act, less the amount | ||
paid out during that month as
refunds to taxpayers for | ||
overpayment of liability. | ||
For greater simplicity of administration, manufacturers, | ||
importers
and wholesalers whose products are sold at retail in | ||
Illinois by
numerous retailers, and who wish to do so, may | ||
assume the responsibility
for accounting and paying to the | ||
Department all tax accruing under this
Act with respect to such | ||
sales, if the retailers who are affected do not
make written | ||
objection to the Department to this arrangement. | ||
Any person who promotes, organizes, provides retail | ||
selling space for
concessionaires or other types of sellers at | ||
the Illinois State Fair, DuQuoin
State Fair, county fairs, | ||
local fairs, art shows, flea markets and similar
exhibitions or | ||
events, including any transient merchant as defined by Section | ||
2
of the Transient Merchant Act of 1987, is required to file a | ||
report with the
Department providing the name of the merchant's | ||
business, the name of the
person or persons engaged in | ||
merchant's business, the permanent address and
Illinois | ||
Retailers Occupation Tax Registration Number of the merchant, | ||
the
dates and location of the event and other reasonable | ||
information that the
Department may require. The report must be | ||
filed not later than the 20th day
of the month next following |
the month during which the event with retail sales
was held. | ||
Any person who fails to file a report required by this Section
| ||
commits a business offense and is subject to a fine not to | ||
exceed $250. | ||
Any person engaged in the business of selling tangible | ||
personal
property at retail as a concessionaire or other type | ||
of seller at the
Illinois State Fair, county fairs, art shows, | ||
flea markets and similar
exhibitions or events, or any | ||
transient merchants, as defined by Section 2
of the Transient | ||
Merchant Act of 1987, may be required to make a daily report
of | ||
the amount of such sales to the Department and to make a daily | ||
payment of
the full amount of tax due. The Department shall | ||
impose this
requirement when it finds that there is a | ||
significant risk of loss of
revenue to the State at such an | ||
exhibition or event. Such a finding
shall be based on evidence | ||
that a substantial number of concessionaires
or other sellers | ||
who are not residents of Illinois will be engaging in
the | ||
business of selling tangible personal property at retail at the
| ||
exhibition or event, or other evidence of a significant risk of | ||
loss of revenue
to the State. The Department shall notify | ||
concessionaires and other sellers
affected by the imposition of | ||
this requirement. In the absence of
notification by the | ||
Department, the concessionaires and other sellers
shall file | ||
their returns as otherwise required in this Section. | ||
(Source: P.A. 99-352, eff. 8-12-15; 99-858, eff. 8-19-16; | ||
99-933, eff. 1-27-17; 100-303, eff. 8-24-17.) |
(Text of Section after amendment by P.A. 100-363 )
| ||
Sec. 3. Except as provided in this Section, on or before | ||
the twentieth
day of each calendar month, every person engaged | ||
in the business of
selling tangible personal property at retail | ||
in this State during the
preceding calendar month shall file a | ||
return with the Department, stating: | ||
1. The name of the seller; | ||
2. His residence address and the address of his | ||
principal place of
business and the address of the | ||
principal place of business (if that is
a different | ||
address) from which he engages in the business of selling
| ||
tangible personal property at retail in this State; | ||
3. Total amount of receipts received by him during the | ||
preceding
calendar month or quarter, as the case may be, | ||
from sales of tangible
personal property, and from services | ||
furnished, by him during such
preceding calendar month or | ||
quarter; | ||
4. Total amount received by him during the preceding | ||
calendar month or
quarter on charge and time sales of | ||
tangible personal property, and from
services furnished, | ||
by him prior to the month or quarter for which the return
| ||
is filed; | ||
5. Deductions allowed by law; | ||
6. Gross receipts which were received by him during the | ||
preceding
calendar month or quarter and upon the basis of |
which the tax is imposed; | ||
7. The amount of credit provided in Section 2d of this | ||
Act; | ||
8. The amount of tax due; | ||
9. The signature of the taxpayer; and | ||
10. Such other reasonable information as the | ||
Department may require. | ||
On and after January 1, 2018, except for returns for motor | ||
vehicles, watercraft, aircraft, and trailers that are required | ||
to be registered with an agency of this State, with respect to | ||
retailers whose annual gross receipts average $20,000 or more, | ||
all returns required to be filed pursuant to this Act shall be | ||
filed electronically. Retailers who demonstrate that they do | ||
not have access to the Internet or demonstrate hardship in | ||
filing electronically may petition the Department to waive the | ||
electronic filing requirement. | ||
If a taxpayer fails to sign a return within 30 days after | ||
the proper notice
and demand for signature by the Department, | ||
the return shall be considered
valid and any amount shown to be | ||
due on the return shall be deemed assessed. | ||
Each return shall be accompanied by the statement of | ||
prepaid tax issued
pursuant to Section 2e for which credit is | ||
claimed. | ||
Prior to October 1, 2003, and on and after September 1, | ||
2004 a retailer may accept a Manufacturer's Purchase
Credit
| ||
certification from a purchaser in satisfaction of Use Tax
as |
provided in Section 3-85 of the Use Tax Act if the purchaser | ||
provides the
appropriate documentation as required by Section | ||
3-85
of the Use Tax Act. A Manufacturer's Purchase Credit
| ||
certification, accepted by a retailer prior to October 1, 2003 | ||
and on and after September 1, 2004 as provided
in
Section 3-85 | ||
of the Use Tax Act, may be used by that retailer to
satisfy | ||
Retailers' Occupation Tax liability in the amount claimed in
| ||
the certification, not to exceed 6.25% of the receipts
subject | ||
to tax from a qualifying purchase. A Manufacturer's Purchase | ||
Credit
reported on any original or amended return
filed under
| ||
this Act after October 20, 2003 for reporting periods prior to | ||
September 1, 2004 shall be disallowed. Manufacturer's | ||
Purchaser Credit reported on annual returns due on or after | ||
January 1, 2005 will be disallowed for periods prior to | ||
September 1, 2004. No Manufacturer's
Purchase Credit may be | ||
used after September 30, 2003 through August 31, 2004 to
| ||
satisfy any
tax liability imposed under this Act, including any | ||
audit liability. | ||
The Department may require returns to be filed on a | ||
quarterly basis.
If so required, a return for each calendar | ||
quarter shall be filed on or
before the twentieth day of the | ||
calendar month following the end of such
calendar quarter. The | ||
taxpayer shall also file a return with the
Department for each | ||
of the first two months of each calendar quarter, on or
before | ||
the twentieth day of the following calendar month, stating: | ||
1. The name of the seller; |
2. The address of the principal place of business from | ||
which he engages
in the business of selling tangible | ||
personal property at retail in this State; | ||
3. The total amount of taxable receipts received by him | ||
during the
preceding calendar month from sales of tangible | ||
personal property by him
during such preceding calendar | ||
month, including receipts from charge and
time sales, but | ||
less all deductions allowed by law; | ||
4. The amount of credit provided in Section 2d of this | ||
Act; | ||
5. The amount of tax due; and | ||
6. Such other reasonable information as the Department | ||
may
require. | ||
Beginning on October 1, 2003, any person who is not a | ||
licensed
distributor, importing distributor, or manufacturer, | ||
as defined in the Liquor
Control Act of 1934, but is engaged in | ||
the business of
selling, at retail, alcoholic liquor
shall file | ||
a statement with the Department of Revenue, in a format
and at | ||
a time prescribed by the Department, showing the total amount | ||
paid for
alcoholic liquor purchased during the preceding month | ||
and such other
information as is reasonably required by the | ||
Department.
The Department may adopt rules to require
that this | ||
statement be filed in an electronic or telephonic format. Such | ||
rules
may provide for exceptions from the filing requirements | ||
of this paragraph. For
the
purposes of this
paragraph, the term | ||
"alcoholic liquor" shall have the meaning prescribed in the
|
Liquor Control Act of 1934. | ||
Beginning on October 1, 2003, every distributor, importing | ||
distributor, and
manufacturer of alcoholic liquor as defined in | ||
the Liquor Control Act of 1934,
shall file a
statement with the | ||
Department of Revenue, no later than the 10th day of the
month | ||
for the
preceding month during which transactions occurred, by | ||
electronic means,
showing the
total amount of gross receipts | ||
from the sale of alcoholic liquor sold or
distributed during
| ||
the preceding month to purchasers; identifying the purchaser to | ||
whom it was
sold or
distributed; the purchaser's tax | ||
registration number; and such other
information
reasonably | ||
required by the Department. A distributor, importing | ||
distributor, or manufacturer of alcoholic liquor must | ||
personally deliver, mail, or provide by electronic means to | ||
each retailer listed on the monthly statement a report | ||
containing a cumulative total of that distributor's, importing | ||
distributor's, or manufacturer's total sales of alcoholic | ||
liquor to that retailer no later than the 10th day of the month | ||
for the preceding month during which the transaction occurred. | ||
The distributor, importing distributor, or manufacturer shall | ||
notify the retailer as to the method by which the distributor, | ||
importing distributor, or manufacturer will provide the sales | ||
information. If the retailer is unable to receive the sales | ||
information by electronic means, the distributor, importing | ||
distributor, or manufacturer shall furnish the sales | ||
information by personal delivery or by mail. For purposes of |
this paragraph, the term "electronic means" includes, but is | ||
not limited to, the use of a secure Internet website, e-mail, | ||
or facsimile. | ||
If a total amount of less than $1 is payable, refundable or | ||
creditable,
such amount shall be disregarded if it is less than | ||
50 cents and shall be
increased to $1 if it is 50 cents or more. | ||
Beginning October 1, 1993,
a taxpayer who has an average | ||
monthly tax liability of $150,000 or more shall
make all | ||
payments required by rules of the
Department by electronic | ||
funds transfer. Beginning October 1, 1994, a taxpayer
who has | ||
an average monthly tax liability of $100,000 or more shall make | ||
all
payments required by rules of the Department by electronic | ||
funds transfer.
Beginning October 1, 1995, a taxpayer who has | ||
an average monthly tax liability
of $50,000 or more shall make | ||
all
payments required by rules of the Department by electronic | ||
funds transfer.
Beginning October 1, 2000, a taxpayer who has | ||
an annual tax liability of
$200,000 or more shall make all | ||
payments required by rules of the Department by
electronic | ||
funds transfer. The term "annual tax liability" shall be the | ||
sum of
the taxpayer's liabilities under this Act, and under all | ||
other State and local
occupation and use tax laws administered | ||
by the Department, for the immediately
preceding calendar year.
| ||
The term "average monthly tax liability" shall be the sum of | ||
the
taxpayer's liabilities under this
Act, and under all other | ||
State and local occupation and use tax
laws administered by the | ||
Department, for the immediately preceding calendar
year |
divided by 12.
Beginning on October 1, 2002, a taxpayer who has | ||
a tax liability in the
amount set forth in subsection (b) of | ||
Section 2505-210 of the Department of
Revenue Law shall make | ||
all payments required by rules of the Department by
electronic | ||
funds transfer. | ||
Before August 1 of each year beginning in 1993, the | ||
Department shall
notify all taxpayers required to make payments | ||
by electronic funds
transfer. All taxpayers
required to make | ||
payments by electronic funds transfer shall make those
payments | ||
for
a minimum of one year beginning on October 1. | ||
Any taxpayer not required to make payments by electronic | ||
funds transfer may
make payments by electronic funds transfer | ||
with
the permission of the Department. | ||
All taxpayers required to make payment by electronic funds | ||
transfer and
any taxpayers authorized to voluntarily make | ||
payments by electronic funds
transfer shall make those payments | ||
in the manner authorized by the Department. | ||
The Department shall adopt such rules as are necessary to | ||
effectuate a
program of electronic funds transfer and the | ||
requirements of this Section. | ||
Any amount which is required to be shown or reported on any | ||
return or
other document under this Act shall, if such amount | ||
is not a whole-dollar
amount, be increased to the nearest | ||
whole-dollar amount in any case where
the fractional part of a | ||
dollar is 50 cents or more, and decreased to the
nearest | ||
whole-dollar amount where the fractional part of a dollar is |
less
than 50 cents. | ||
If the retailer is otherwise required to file a monthly | ||
return and if the
retailer's average monthly tax liability to | ||
the Department does not exceed
$200, the Department may | ||
authorize his returns to be filed on a quarter
annual basis, | ||
with the return for January, February and March of a given
year | ||
being due by April 20 of such year; with the return for April, | ||
May and
June of a given year being due by July 20 of such year; | ||
with the return for
July, August and September of a given year | ||
being due by October 20 of such
year, and with the return for | ||
October, November and December of a given
year being due by | ||
January 20 of the following year. | ||
If the retailer is otherwise required to file a monthly or | ||
quarterly
return and if the retailer's average monthly tax | ||
liability with the
Department does not exceed $50, the | ||
Department may authorize his returns to
be filed on an annual | ||
basis, with the return for a given year being due by
January 20 | ||
of the following year. | ||
Such quarter annual and annual returns, as to form and | ||
substance,
shall be subject to the same requirements as monthly | ||
returns. | ||
Notwithstanding any other provision in this Act concerning | ||
the time
within which a retailer may file his return, in the | ||
case of any retailer
who ceases to engage in a kind of business | ||
which makes him responsible
for filing returns under this Act, | ||
such retailer shall file a final
return under this Act with the |
Department not more than one month after
discontinuing such | ||
business. | ||
Where the same person has more than one business registered | ||
with the
Department under separate registrations under this | ||
Act, such person may
not file each return that is due as a | ||
single return covering all such
registered businesses, but | ||
shall file separate returns for each such
registered business. | ||
In addition, with respect to motor vehicles, watercraft,
| ||
aircraft, and trailers that are required to be registered with | ||
an agency of
this State, every
retailer selling this kind of | ||
tangible personal property shall file,
with the Department, | ||
upon a form to be prescribed and supplied by the
Department, a | ||
separate return for each such item of tangible personal
| ||
property which the retailer sells, except that if, in the same
| ||
transaction, (i) a retailer of aircraft, watercraft, motor | ||
vehicles or
trailers transfers more than one aircraft, | ||
watercraft, motor
vehicle or trailer to another aircraft, | ||
watercraft, motor vehicle
retailer or trailer retailer for the | ||
purpose of resale
or (ii) a retailer of aircraft, watercraft, | ||
motor vehicles, or trailers
transfers more than one aircraft, | ||
watercraft, motor vehicle, or trailer to a
purchaser for use as | ||
a qualifying rolling stock as provided in Section 2-5 of
this | ||
Act, then
that seller may report the transfer of all aircraft,
| ||
watercraft, motor vehicles or trailers involved in that | ||
transaction to the
Department on the same uniform | ||
invoice-transaction reporting return form. For
purposes of |
this Section, "watercraft" means a Class 2, Class 3, or Class 4
| ||
watercraft as defined in Section 3-2 of the Boat Registration | ||
and Safety Act, a
personal watercraft, or any boat equipped | ||
with an inboard motor. | ||
Any retailer who sells only motor vehicles, watercraft,
| ||
aircraft, or trailers that are required to be registered with | ||
an agency of
this State, so that all
retailers' occupation tax | ||
liability is required to be reported, and is
reported, on such | ||
transaction reporting returns and who is not otherwise
required | ||
to file monthly or quarterly returns, need not file monthly or
| ||
quarterly returns. However, those retailers shall be required | ||
to
file returns on an annual basis. | ||
The transaction reporting return, in the case of motor | ||
vehicles
or trailers that are required to be registered with an | ||
agency of this
State, shall
be the same document as the Uniform | ||
Invoice referred to in Section 5-402
of The Illinois Vehicle | ||
Code and must show the name and address of the
seller; the name | ||
and address of the purchaser; the amount of the selling
price | ||
including the amount allowed by the retailer for traded-in
| ||
property, if any; the amount allowed by the retailer for the | ||
traded-in
tangible personal property, if any, to the extent to | ||
which Section 1 of
this Act allows an exemption for the value | ||
of traded-in property; the
balance payable after deducting such | ||
trade-in allowance from the total
selling price; the amount of | ||
tax due from the retailer with respect to
such transaction; the | ||
amount of tax collected from the purchaser by the
retailer on |
such transaction (or satisfactory evidence that such tax is
not | ||
due in that particular instance, if that is claimed to be the | ||
fact);
the place and date of the sale; a sufficient | ||
identification of the
property sold; such other information as | ||
is required in Section 5-402 of
The Illinois Vehicle Code, and | ||
such other information as the Department
may reasonably | ||
require. | ||
The transaction reporting return in the case of watercraft
| ||
or aircraft must show
the name and address of the seller; the | ||
name and address of the
purchaser; the amount of the selling | ||
price including the amount allowed
by the retailer for | ||
traded-in property, if any; the amount allowed by
the retailer | ||
for the traded-in tangible personal property, if any, to
the | ||
extent to which Section 1 of this Act allows an exemption for | ||
the
value of traded-in property; the balance payable after | ||
deducting such
trade-in allowance from the total selling price; | ||
the amount of tax due
from the retailer with respect to such | ||
transaction; the amount of tax
collected from the purchaser by | ||
the retailer on such transaction (or
satisfactory evidence that | ||
such tax is not due in that particular
instance, if that is | ||
claimed to be the fact); the place and date of the
sale, a | ||
sufficient identification of the property sold, and such other
| ||
information as the Department may reasonably require. | ||
Such transaction reporting return shall be filed not later | ||
than 20
days after the day of delivery of the item that is | ||
being sold, but may
be filed by the retailer at any time sooner |
than that if he chooses to
do so. The transaction reporting | ||
return and tax remittance or proof of
exemption from the | ||
Illinois use tax may be transmitted to the Department
by way of | ||
the State agency with which, or State officer with whom the
| ||
tangible personal property must be titled or registered (if | ||
titling or
registration is required) if the Department and such | ||
agency or State
officer determine that this procedure will | ||
expedite the processing of
applications for title or | ||
registration. | ||
With each such transaction reporting return, the retailer | ||
shall remit
the proper amount of tax due (or shall submit | ||
satisfactory evidence that
the sale is not taxable if that is | ||
the case), to the Department or its
agents, whereupon the | ||
Department shall issue, in the purchaser's name, a
use tax | ||
receipt (or a certificate of exemption if the Department is
| ||
satisfied that the particular sale is tax exempt) which such | ||
purchaser
may submit to the agency with which, or State officer | ||
with whom, he must
title or register the tangible personal | ||
property that is involved (if
titling or registration is | ||
required) in support of such purchaser's
application for an | ||
Illinois certificate or other evidence of title or
registration | ||
to such tangible personal property. | ||
No retailer's failure or refusal to remit tax under this | ||
Act
precludes a user, who has paid the proper tax to the | ||
retailer, from
obtaining his certificate of title or other | ||
evidence of title or
registration (if titling or registration |
is required) upon satisfying
the Department that such user has | ||
paid the proper tax (if tax is due) to
the retailer. The | ||
Department shall adopt appropriate rules to carry out
the | ||
mandate of this paragraph. | ||
If the user who would otherwise pay tax to the retailer | ||
wants the
transaction reporting return filed and the payment of | ||
the tax or proof
of exemption made to the Department before the | ||
retailer is willing to
take these actions and such user has not | ||
paid the tax to the retailer,
such user may certify to the fact | ||
of such delay by the retailer and may
(upon the Department | ||
being satisfied of the truth of such certification)
transmit | ||
the information required by the transaction reporting return
| ||
and the remittance for tax or proof of exemption directly to | ||
the
Department and obtain his tax receipt or exemption | ||
determination, in
which event the transaction reporting return | ||
and tax remittance (if a
tax payment was required) shall be | ||
credited by the Department to the
proper retailer's account | ||
with the Department, but without the 2.1% or 1.75%
discount | ||
provided for in this Section being allowed. When the user pays
| ||
the tax directly to the Department, he shall pay the tax in the | ||
same
amount and in the same form in which it would be remitted | ||
if the tax had
been remitted to the Department by the retailer. | ||
Refunds made by the seller during the preceding return | ||
period to
purchasers, on account of tangible personal property | ||
returned to the
seller, shall be allowed as a deduction under | ||
subdivision 5 of his monthly
or quarterly return, as the case |
may be, in case the
seller had theretofore included the | ||
receipts from the sale of such
tangible personal property in a | ||
return filed by him and had paid the tax
imposed by this Act | ||
with respect to such receipts. | ||
Where the seller is a corporation, the return filed on | ||
behalf of such
corporation shall be signed by the president, | ||
vice-president, secretary
or treasurer or by the properly | ||
accredited agent of such corporation. | ||
Where the seller is a limited liability company, the return | ||
filed on behalf
of the limited liability company shall be | ||
signed by a manager, member, or
properly accredited agent of | ||
the limited liability company. | ||
Except as provided in this Section, the retailer filing the | ||
return
under this Section shall, at the time of filing such | ||
return, pay to the
Department the amount of tax imposed by this | ||
Act less a discount of 2.1%
prior to January 1, 1990 and 1.75% | ||
on and after January 1, 1990, or $5 per
calendar year, | ||
whichever is greater, which is allowed to
reimburse the | ||
retailer for the expenses incurred in keeping records,
| ||
preparing and filing returns, remitting the tax and supplying | ||
data to
the Department on request. Any prepayment made pursuant | ||
to Section 2d
of this Act shall be included in the amount on | ||
which such
2.1% or 1.75% discount is computed. In the case of | ||
retailers who report
and pay the tax on a transaction by | ||
transaction basis, as provided in this
Section, such discount | ||
shall be taken with each such tax remittance
instead of when |
such retailer files his periodic return. The discount allowed | ||
under this Section is allowed only for returns that are filed | ||
in the manner required by this Act. The Department may disallow | ||
the discount for retailers whose certificate of registration is | ||
revoked at the time the return is filed, but only if the | ||
Department's decision to revoke the certificate of | ||
registration has become final. | ||
Before October 1, 2000, if the taxpayer's average monthly | ||
tax liability
to the Department
under this Act, the Use Tax | ||
Act, the Service Occupation Tax
Act, and the Service Use Tax | ||
Act, excluding any liability for prepaid sales
tax to be | ||
remitted in accordance with Section 2d of this Act, was
$10,000
| ||
or more during the preceding 4 complete calendar quarters, he | ||
shall file a
return with the Department each month by the 20th | ||
day of the month next
following the month during which such tax | ||
liability is incurred and shall
make payments to the Department | ||
on or before the 7th, 15th, 22nd and last
day of the month | ||
during which such liability is incurred.
On and after October | ||
1, 2000, if the taxpayer's average monthly tax liability
to the | ||
Department under this Act, the Use Tax Act, the Service | ||
Occupation Tax
Act, and the Service Use Tax Act, excluding any | ||
liability for prepaid sales tax
to be remitted in accordance | ||
with Section 2d of this Act, was $20,000 or more
during the | ||
preceding 4 complete calendar quarters, he shall file a return | ||
with
the Department each month by the 20th day of the month | ||
next following the month
during which such tax liability is |
incurred and shall make payment to the
Department on or before | ||
the 7th, 15th, 22nd and last day of the month during
which such | ||
liability is incurred.
If the month
during which such tax | ||
liability is incurred began prior to January 1, 1985,
each | ||
payment shall be in an amount equal to 1/4 of the taxpayer's | ||
actual
liability for the month or an amount set by the | ||
Department not to exceed
1/4 of the average monthly liability | ||
of the taxpayer to the Department for
the preceding 4 complete | ||
calendar quarters (excluding the month of highest
liability and | ||
the month of lowest liability in such 4 quarter period). If
the | ||
month during which such tax liability is incurred begins on or | ||
after
January 1, 1985 and prior to January 1, 1987, each | ||
payment shall be in an
amount equal to 22.5% of the taxpayer's | ||
actual liability for the month or
27.5% of the taxpayer's | ||
liability for the same calendar
month of the preceding year. If | ||
the month during which such tax
liability is incurred begins on | ||
or after January 1, 1987 and prior to
January 1, 1988, each | ||
payment shall be in an amount equal to 22.5% of the
taxpayer's | ||
actual liability for the month or 26.25% of the taxpayer's
| ||
liability for the same calendar month of the preceding year. If | ||
the month
during which such tax liability is incurred begins on | ||
or after January 1,
1988, and prior to January 1, 1989, or | ||
begins on or after January 1, 1996, each
payment shall be in an | ||
amount
equal to 22.5% of the taxpayer's actual liability for | ||
the month or 25% of
the taxpayer's liability for the same | ||
calendar month of the preceding year. If
the month during which |
such tax liability is incurred begins on or after
January 1, | ||
1989, and prior to January 1, 1996, each payment shall be in an
| ||
amount equal to 22.5% of the
taxpayer's actual liability for | ||
the month or 25% of the taxpayer's
liability for the same | ||
calendar month of the preceding year or 100% of the
taxpayer's | ||
actual liability for the quarter monthly reporting period. The
| ||
amount of such quarter monthly payments shall be credited | ||
against
the final tax liability of the taxpayer's return for | ||
that month. Before
October 1, 2000, once
applicable, the | ||
requirement of the making of quarter monthly payments to
the | ||
Department by taxpayers having an average monthly tax liability | ||
of
$10,000 or more as determined in the manner provided above
| ||
shall continue
until such taxpayer's average monthly liability | ||
to the Department during
the preceding 4 complete calendar | ||
quarters (excluding the month of highest
liability and the | ||
month of lowest liability) is less than
$9,000, or until
such | ||
taxpayer's average monthly liability to the Department as | ||
computed for
each calendar quarter of the 4 preceding complete | ||
calendar quarter period
is less than $10,000. However, if a | ||
taxpayer can show the
Department that
a substantial change in | ||
the taxpayer's business has occurred which causes
the taxpayer | ||
to anticipate that his average monthly tax liability for the
| ||
reasonably foreseeable future will fall below the $10,000 | ||
threshold
stated above, then
such taxpayer
may petition the | ||
Department for a change in such taxpayer's reporting
status. On | ||
and after October 1, 2000, once applicable, the requirement of
|
the making of quarter monthly payments to the Department by | ||
taxpayers having an
average monthly tax liability of $20,000 or | ||
more as determined in the manner
provided above shall continue | ||
until such taxpayer's average monthly liability
to the | ||
Department during the preceding 4 complete calendar quarters | ||
(excluding
the month of highest liability and the month of | ||
lowest liability) is less than
$19,000 or until such taxpayer's | ||
average monthly liability to the Department as
computed for | ||
each calendar quarter of the 4 preceding complete calendar | ||
quarter
period is less than $20,000. However, if a taxpayer can | ||
show the Department
that a substantial change in the taxpayer's | ||
business has occurred which causes
the taxpayer to anticipate | ||
that his average monthly tax liability for the
reasonably | ||
foreseeable future will fall below the $20,000 threshold stated
| ||
above, then such taxpayer may petition the Department for a | ||
change in such
taxpayer's reporting status. The Department | ||
shall change such taxpayer's
reporting status
unless it finds | ||
that such change is seasonal in nature and not likely to be
| ||
long term. If any such quarter monthly payment is not paid at | ||
the time or
in the amount required by this Section, then the | ||
taxpayer shall be liable for
penalties and interest on the | ||
difference
between the minimum amount due as a payment and the | ||
amount of such quarter
monthly payment actually and timely | ||
paid, except insofar as the
taxpayer has previously made | ||
payments for that month to the Department in
excess of the | ||
minimum payments previously due as provided in this Section.
|
The Department shall make reasonable rules and regulations to | ||
govern the
quarter monthly payment amount and quarter monthly | ||
payment dates for
taxpayers who file on other than a calendar | ||
monthly basis. | ||
The provisions of this paragraph apply before October 1, | ||
2001.
Without regard to whether a taxpayer is required to make | ||
quarter monthly
payments as specified above, any taxpayer who | ||
is required by Section 2d
of this Act to collect and remit | ||
prepaid taxes and has collected prepaid
taxes which average in | ||
excess of $25,000 per month during the preceding
2 complete | ||
calendar quarters, shall file a return with the Department as
| ||
required by Section 2f and shall make payments to the | ||
Department on or before
the 7th, 15th, 22nd and last day of the | ||
month during which such liability
is incurred. If the month | ||
during which such tax liability is incurred
began prior to | ||
September 1, 1985 (the effective date of Public Act 84-221), | ||
each
payment shall be in an amount not less than 22.5% of the | ||
taxpayer's actual
liability under Section 2d. If the month | ||
during which such tax liability
is incurred begins on or after | ||
January 1, 1986, each payment shall be in an
amount equal to | ||
22.5% of the taxpayer's actual liability for the month or
27.5% | ||
of the taxpayer's liability for the same calendar month of the
| ||
preceding calendar year. If the month during which such tax | ||
liability is
incurred begins on or after January 1, 1987, each | ||
payment shall be in an
amount equal to 22.5% of the taxpayer's | ||
actual liability for the month or
26.25% of the taxpayer's |
liability for the same calendar month of the
preceding year. | ||
The amount of such quarter monthly payments shall be
credited | ||
against the final tax liability of the taxpayer's return for | ||
that
month filed under this Section or Section 2f, as the case | ||
may be. Once
applicable, the requirement of the making of | ||
quarter monthly payments to
the Department pursuant to this | ||
paragraph shall continue until such
taxpayer's average monthly | ||
prepaid tax collections during the preceding 2
complete | ||
calendar quarters is $25,000 or less. If any such quarter | ||
monthly
payment is not paid at the time or in the amount | ||
required, the taxpayer
shall be liable for penalties and | ||
interest on such difference, except
insofar as the taxpayer has | ||
previously made payments for that month in
excess of the | ||
minimum payments previously due. | ||
The provisions of this paragraph apply on and after October | ||
1, 2001.
Without regard to whether a taxpayer is required to | ||
make quarter monthly
payments as specified above, any taxpayer | ||
who is required by Section 2d of this
Act to collect and remit | ||
prepaid taxes and has collected prepaid taxes that
average in | ||
excess of $20,000 per month during the preceding 4 complete | ||
calendar
quarters shall file a return with the Department as | ||
required by Section 2f
and shall make payments to the | ||
Department on or before the 7th, 15th, 22nd and
last day of the | ||
month during which the liability is incurred. Each payment
| ||
shall be in an amount equal to 22.5% of the taxpayer's actual | ||
liability for the
month or 25% of the taxpayer's liability for |
the same calendar month of the
preceding year. The amount of | ||
the quarter monthly payments shall be credited
against the | ||
final tax liability of the taxpayer's return for that month | ||
filed
under this Section or Section 2f, as the case may be. | ||
Once applicable, the
requirement of the making of quarter | ||
monthly payments to the Department
pursuant to this paragraph | ||
shall continue until the taxpayer's average monthly
prepaid tax | ||
collections during the preceding 4 complete calendar quarters
| ||
(excluding the month of highest liability and the month of | ||
lowest liability) is
less than $19,000 or until such taxpayer's | ||
average monthly liability to the
Department as computed for | ||
each calendar quarter of the 4 preceding complete
calendar | ||
quarters is less than $20,000. If any such quarter monthly | ||
payment is
not paid at the time or in the amount required, the | ||
taxpayer shall be liable
for penalties and interest on such | ||
difference, except insofar as the taxpayer
has previously made | ||
payments for that month in excess of the minimum payments
| ||
previously due. | ||
If any payment provided for in this Section exceeds
the | ||
taxpayer's liabilities under this Act, the Use Tax Act, the | ||
Service
Occupation Tax Act and the Service Use Tax Act, as | ||
shown on an original
monthly return, the Department shall, if | ||
requested by the taxpayer, issue to
the taxpayer a credit | ||
memorandum no later than 30 days after the date of
payment. The | ||
credit evidenced by such credit memorandum may
be assigned by | ||
the taxpayer to a similar taxpayer under this Act, the
Use Tax |
Act, the Service Occupation Tax Act or the Service Use Tax Act, | ||
in
accordance with reasonable rules and regulations to be | ||
prescribed by the
Department. If no such request is made, the | ||
taxpayer may credit such excess
payment against tax liability | ||
subsequently to be remitted to the Department
under this Act, | ||
the Use Tax Act, the Service Occupation Tax Act or the
Service | ||
Use Tax Act, in accordance with reasonable rules and | ||
regulations
prescribed by the Department. If the Department | ||
subsequently determined
that all or any part of the credit | ||
taken was not actually due to the
taxpayer, the taxpayer's 2.1% | ||
and 1.75% vendor's discount shall be reduced
by 2.1% or 1.75% | ||
of the difference between the credit taken and that
actually | ||
due, and that taxpayer shall be liable for penalties and | ||
interest
on such difference. | ||
If a retailer of motor fuel is entitled to a credit under | ||
Section 2d of
this Act which exceeds the taxpayer's liability | ||
to the Department under
this Act for the month which the | ||
taxpayer is filing a return, the
Department shall issue the | ||
taxpayer a credit memorandum for the excess. | ||
Beginning January 1, 1990, each month the Department shall | ||
pay into
the Local Government Tax Fund, a special fund in the | ||
State treasury which
is hereby created, the net revenue | ||
realized for the preceding month from
the 1% tax on sales of | ||
food for human consumption which is to be consumed
off the | ||
premises where it is sold (other than alcoholic beverages, soft
| ||
drinks and food which has been prepared for immediate |
consumption) and
prescription and nonprescription medicines, | ||
drugs, medical appliances, products classified as Class III | ||
medical devices by the United States Food and Drug | ||
Administration that are used for cancer treatment pursuant to a | ||
prescription, as well as any accessories and components related | ||
to those devices, and
insulin, urine testing materials, | ||
syringes and needles used by diabetics. | ||
Beginning January 1, 1990, each month the Department shall | ||
pay into
the County and Mass Transit District Fund, a special | ||
fund in the State
treasury which is hereby created, 4% of the | ||
net revenue realized
for the preceding month from the 6.25% | ||
general rate. | ||
Beginning August 1, 2000, each
month the Department shall | ||
pay into the
County and Mass Transit District Fund 20% of the | ||
net revenue realized for the
preceding month from the 1.25% | ||
rate on the selling price of motor fuel and
gasohol. Beginning | ||
September 1, 2010, each month the Department shall pay into the | ||
County and Mass Transit District Fund 20% of the net revenue | ||
realized for the preceding month from the 1.25% rate on the | ||
selling price of sales tax holiday items. | ||
Beginning January 1, 1990, each month the Department shall | ||
pay into
the Local Government Tax Fund 16% of the net revenue | ||
realized for the
preceding month from the 6.25% general rate on | ||
the selling price of
tangible personal property. | ||
Beginning August 1, 2000, each
month the Department shall | ||
pay into the
Local Government Tax Fund 80% of the net revenue |
realized for the preceding
month from the 1.25% rate on the | ||
selling price of motor fuel and gasohol. Beginning September 1, | ||
2010, each month the Department shall pay into the Local | ||
Government Tax Fund 80% of the net revenue realized for the | ||
preceding month from the 1.25% rate on the selling price of | ||
sales tax holiday items. | ||
Beginning October 1, 2009, each month the Department shall | ||
pay into the Capital Projects Fund an amount that is equal to | ||
an amount estimated by the Department to represent 80% of the | ||
net revenue realized for the preceding month from the sale of | ||
candy, grooming and hygiene products, and soft drinks that had | ||
been taxed at a rate of 1% prior to September 1, 2009 but that | ||
are now taxed at 6.25%. | ||
Beginning July 1, 2011, each
month the Department shall pay | ||
into the Clean Air Act Permit Fund 80% of the net revenue | ||
realized for the
preceding month from the 6.25% general rate on | ||
the selling price of sorbents used in Illinois in the process | ||
of sorbent injection as used to comply with the Environmental | ||
Protection Act or the federal Clean Air Act, but the total | ||
payment into the Clean Air Act Permit Fund under this Act and | ||
the Use Tax Act shall not exceed $2,000,000 in any fiscal year. | ||
Beginning July 1, 2013, each month the Department shall pay | ||
into the Underground Storage Tank Fund from the proceeds | ||
collected under this Act, the Use Tax Act, the Service Use Tax | ||
Act, and the Service Occupation Tax Act an amount equal to the | ||
average monthly deficit in the Underground Storage Tank Fund |
during the prior year, as certified annually by the Illinois | ||
Environmental Protection Agency, but the total payment into the | ||
Underground Storage Tank Fund under this Act, the Use Tax Act, | ||
the Service Use Tax Act, and the Service Occupation Tax Act | ||
shall not exceed $18,000,000 in any State fiscal year. As used | ||
in this paragraph, the "average monthly deficit" shall be equal | ||
to the difference between the average monthly claims for | ||
payment by the fund and the average monthly revenues deposited | ||
into the fund, excluding payments made pursuant to this | ||
paragraph. | ||
Beginning July 1, 2015, of the remainder of the moneys | ||
received by the Department under the Use Tax Act, the Service | ||
Use Tax Act, the Service Occupation Tax Act, and this Act, each | ||
month the Department shall deposit $500,000 into the State | ||
Crime Laboratory Fund. | ||
Of the remainder of the moneys received by the Department | ||
pursuant
to this Act, (a) 1.75% thereof shall be paid into the | ||
Build Illinois
Fund and (b) prior to July 1, 1989, 2.2% and on | ||
and after July 1, 1989,
3.8% thereof shall be paid into the | ||
Build Illinois Fund; provided, however,
that if in any fiscal | ||
year the sum of (1) the aggregate of 2.2% or 3.8%, as
the case | ||
may be, of the moneys received by the Department and required | ||
to
be paid into the Build Illinois Fund pursuant to this Act, | ||
Section 9 of the
Use Tax Act, Section 9 of the Service Use Tax | ||
Act, and Section 9 of the
Service Occupation Tax Act, such Acts | ||
being hereinafter called the "Tax
Acts" and such aggregate of |
2.2% or 3.8%, as the case may be, of moneys
being hereinafter | ||||||||||||||||||||
called the "Tax Act Amount", and (2) the amount
transferred to | ||||||||||||||||||||
the Build Illinois Fund from the State and Local Sales Tax
| ||||||||||||||||||||
Reform Fund shall be less than the Annual Specified Amount (as | ||||||||||||||||||||
hereinafter
defined), an amount equal to the difference shall | ||||||||||||||||||||
be immediately paid into
the Build Illinois Fund from other | ||||||||||||||||||||
moneys received by the Department
pursuant to the Tax Acts; the | ||||||||||||||||||||
"Annual Specified Amount" means the amounts
specified below for | ||||||||||||||||||||
fiscal years 1986 through 1993: | ||||||||||||||||||||
| ||||||||||||||||||||
and means the Certified Annual Debt Service Requirement (as | ||||||||||||||||||||
defined in
Section 13 of the Build Illinois Bond Act) or the | ||||||||||||||||||||
Tax Act Amount, whichever
is greater, for fiscal year 1994 and | ||||||||||||||||||||
each fiscal year thereafter; and
further provided, that if on | ||||||||||||||||||||
the last business day of any month the sum of
(1) the Tax Act | ||||||||||||||||||||
Amount required to be deposited into the Build Illinois
Bond | ||||||||||||||||||||
Account in the Build Illinois Fund during such month and (2) | ||||||||||||||||||||
the
amount transferred to the Build Illinois Fund from the |
State and Local
Sales Tax Reform Fund shall have been less than | ||
1/12 of the Annual
Specified Amount, an amount equal to the | ||
difference shall be immediately
paid into the Build Illinois | ||
Fund from other moneys received by the
Department pursuant to | ||
the Tax Acts; and, further provided, that in no
event shall the | ||
payments required under the preceding proviso result in
| ||
aggregate payments into the Build Illinois Fund pursuant to | ||
this clause (b)
for any fiscal year in excess of the greater of | ||
(i) the Tax Act Amount or
(ii) the Annual Specified Amount for | ||
such fiscal year. The amounts payable
into the Build Illinois | ||
Fund under clause (b) of the first sentence in this
paragraph | ||
shall be payable only until such time as the aggregate amount | ||
on
deposit under each trust indenture securing Bonds issued and | ||
outstanding
pursuant to the Build Illinois Bond Act is | ||
sufficient, taking into account
any future investment income, | ||
to fully provide, in accordance with such
indenture, for the | ||
defeasance of or the payment of the principal of,
premium, if | ||
any, and interest on the Bonds secured by such indenture and on
| ||
any Bonds expected to be issued thereafter and all fees and | ||
costs payable
with respect thereto, all as certified by the | ||
Director of the Bureau of the
Budget (now Governor's Office of | ||
Management and Budget). If on the last
business day of any | ||
month in which Bonds are
outstanding pursuant to the Build | ||
Illinois Bond Act, the aggregate of
moneys deposited in the | ||
Build Illinois Bond Account in the Build Illinois
Fund in such | ||
month shall be less than the amount required to be transferred
|
in such month from the Build Illinois Bond Account to the Build | ||
Illinois
Bond Retirement and Interest Fund pursuant to Section | ||
13 of the Build
Illinois Bond Act, an amount equal to such | ||
deficiency shall be immediately
paid from other moneys received | ||
by the Department pursuant to the Tax Acts
to the Build | ||
Illinois Fund; provided, however, that any amounts paid to the
| ||
Build Illinois Fund in any fiscal year pursuant to this | ||
sentence shall be
deemed to constitute payments pursuant to | ||
clause (b) of the first sentence
of this paragraph and shall | ||
reduce the amount otherwise payable for such
fiscal year | ||
pursuant to that clause (b). The moneys received by the
| ||
Department pursuant to this Act and required to be deposited | ||
into the Build
Illinois Fund are subject to the pledge, claim | ||
and charge set forth in
Section 12 of the Build Illinois Bond | ||
Act. | ||
Subject to payment of amounts into the Build Illinois Fund | ||
as provided in
the preceding paragraph or in any amendment | ||
thereto hereafter enacted, the
following specified monthly | ||
installment of the amount requested in the
certificate of the | ||
Chairman of the Metropolitan Pier and Exposition
Authority | ||
provided under Section 8.25f of the State Finance Act, but not | ||
in
excess of sums designated as "Total Deposit", shall be | ||
deposited in the
aggregate from collections under Section 9 of | ||
the Use Tax Act, Section 9 of
the Service Use Tax Act, Section | ||
9 of the Service Occupation Tax Act, and
Section 3 of the | ||
Retailers' Occupation Tax Act into the McCormick Place
|
Expansion Project Fund in the specified fiscal years. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Beginning July 20, 1993 and in each month of each fiscal |
year thereafter,
one-eighth of the amount requested in the | ||
certificate of the Chairman of
the Metropolitan Pier and | ||
Exposition Authority for that fiscal year, less
the amount | ||
deposited into the McCormick Place Expansion Project Fund by | ||
the
State Treasurer in the respective month under subsection | ||
(g) of Section 13
of the Metropolitan Pier and Exposition | ||
Authority Act, plus cumulative
deficiencies in the deposits | ||
required under this Section for previous
months and years, | ||
shall be deposited into the McCormick Place Expansion
Project | ||
Fund, until the full amount requested for the fiscal year, but | ||
not
in excess of the amount specified above as "Total Deposit", | ||
has been deposited. | ||
Subject to payment of amounts into the Build Illinois Fund | ||
and the
McCormick Place Expansion Project Fund pursuant to the | ||
preceding paragraphs
or in any amendments
thereto hereafter | ||
enacted, beginning July 1, 1993 and ending on September 30, | ||
2013, the Department shall each
month pay into the Illinois Tax | ||
Increment Fund 0.27% of 80% of the net revenue
realized for the | ||
preceding month from the 6.25% general rate on the selling
| ||
price of tangible personal property. | ||
Subject to payment of amounts into the Build Illinois Fund | ||
and the
McCormick Place Expansion Project Fund pursuant to the | ||
preceding paragraphs or in any
amendments thereto hereafter | ||
enacted, beginning with the receipt of the first
report of | ||
taxes paid by an eligible business and continuing for a 25-year
| ||
period, the Department shall each month pay into the Energy |
Infrastructure
Fund 80% of the net revenue realized from the | ||
6.25% general rate on the
selling price of Illinois-mined coal | ||
that was sold to an eligible business.
For purposes of this | ||
paragraph, the term "eligible business" means a new
electric | ||
generating facility certified pursuant to Section 605-332 of | ||
the
Department of Commerce and Economic Opportunity
Law of the | ||
Civil Administrative Code of Illinois. | ||
Subject to payment of amounts into the Build Illinois Fund, | ||
the McCormick Place Expansion Project Fund, the Illinois Tax | ||
Increment Fund, and the Energy Infrastructure Fund pursuant to | ||
the preceding paragraphs or in any amendments to this Section | ||
hereafter enacted, beginning on the first day of the first | ||
calendar month to occur on or after August 26, 2014 (the | ||
effective date of Public Act 98-1098), each month, from the | ||
collections made under Section 9 of the Use Tax Act, Section 9 | ||
of the Service Use Tax Act, Section 9 of the Service Occupation | ||
Tax Act, and Section 3 of the Retailers' Occupation Tax Act, | ||
the Department shall pay into the Tax Compliance and | ||
Administration Fund, to be used, subject to appropriation, to | ||
fund additional auditors and compliance personnel at the | ||
Department of Revenue, an amount equal to 1/12 of 5% of 80% of | ||
the cash receipts collected during the preceding fiscal year by | ||
the Audit Bureau of the Department under the Use Tax Act, the | ||
Service Use Tax Act, the Service Occupation Tax Act, the | ||
Retailers' Occupation Tax Act, and associated local occupation | ||
and use taxes administered by the Department. |
Subject to payments of amounts into the Build Illinois | ||
Fund, the McCormick Place Expansion Project Fund, the Illinois | ||
Tax Increment Fund, the Energy Infrastructure Fund, and the Tax | ||
Compliance and Administration Fund as provided in this Section, | ||
beginning on July 1, 2018 the Department shall pay each month | ||
into the Downstate Public Transportation Fund the moneys | ||
required to be so paid under Section 2-3 of the Downstate | ||
Public Transportation Act. | ||
Of the remainder of the moneys received by the Department | ||
pursuant to
this Act, 75% thereof shall be paid into the State | ||
Treasury and 25% shall
be reserved in a special account and | ||
used only for the transfer to the
Common School Fund as part of | ||
the monthly transfer from the General Revenue
Fund in | ||
accordance with Section 8a of the State Finance Act. | ||
The Department may, upon separate written notice to a | ||
taxpayer,
require the taxpayer to prepare and file with the | ||
Department on a form
prescribed by the Department within not | ||
less than 60 days after receipt
of the notice an annual | ||
information return for the tax year specified in
the notice. | ||
Such annual return to the Department shall include a
statement | ||
of gross receipts as shown by the retailer's last Federal | ||
income
tax return. If the total receipts of the business as | ||
reported in the
Federal income tax return do not agree with the | ||
gross receipts reported to
the Department of Revenue for the | ||
same period, the retailer shall attach
to his annual return a | ||
schedule showing a reconciliation of the 2
amounts and the |
reasons for the difference. The retailer's annual
return to the | ||
Department shall also disclose the cost of goods sold by
the | ||
retailer during the year covered by such return, opening and | ||
closing
inventories of such goods for such year, costs of goods | ||
used from stock
or taken from stock and given away by the | ||
retailer during such year,
payroll information of the | ||
retailer's business during such year and any
additional | ||
reasonable information which the Department deems would be
| ||
helpful in determining the accuracy of the monthly, quarterly | ||
or annual
returns filed by such retailer as provided for in | ||
this Section. | ||
If the annual information return required by this Section | ||
is not
filed when and as required, the taxpayer shall be liable | ||
as follows: | ||
(i) Until January 1, 1994, the taxpayer shall be liable
| ||
for a penalty equal to 1/6 of 1% of the tax due from such | ||
taxpayer under
this Act during the period to be covered by | ||
the annual return for each
month or fraction of a month | ||
until such return is filed as required, the
penalty to be | ||
assessed and collected in the same manner as any other
| ||
penalty provided for in this Act. | ||
(ii) On and after January 1, 1994, the taxpayer shall | ||
be
liable for a penalty as described in Section 3-4 of the | ||
Uniform Penalty and
Interest Act. | ||
The chief executive officer, proprietor, owner or highest | ||
ranking
manager shall sign the annual return to certify the |
accuracy of the
information contained therein. Any person who | ||
willfully signs the
annual return containing false or | ||
inaccurate information shall be guilty
of perjury and punished | ||
accordingly. The annual return form prescribed
by the | ||
Department shall include a warning that the person signing the
| ||
return may be liable for perjury. | ||
The provisions of this Section concerning the filing of an | ||
annual
information return do not apply to a retailer who is not | ||
required to
file an income tax return with the United States | ||
Government. | ||
As soon as possible after the first day of each month, upon | ||
certification
of the Department of Revenue, the Comptroller | ||
shall order transferred and
the Treasurer shall transfer from | ||
the General Revenue Fund to the Motor
Fuel Tax Fund an amount | ||
equal to 1.7% of 80% of the net revenue realized
under this Act | ||
for the second preceding
month.
Beginning April 1, 2000, this | ||
transfer is no longer required
and shall not be made. | ||
Net revenue realized for a month shall be the revenue | ||
collected by the
State pursuant to this Act, less the amount | ||
paid out during that month as
refunds to taxpayers for | ||
overpayment of liability. | ||
For greater simplicity of administration, manufacturers, | ||
importers
and wholesalers whose products are sold at retail in | ||
Illinois by
numerous retailers, and who wish to do so, may | ||
assume the responsibility
for accounting and paying to the | ||
Department all tax accruing under this
Act with respect to such |
sales, if the retailers who are affected do not
make written | ||
objection to the Department to this arrangement. | ||
Any person who promotes, organizes, provides retail | ||
selling space for
concessionaires or other types of sellers at | ||
the Illinois State Fair, DuQuoin
State Fair, county fairs, | ||
local fairs, art shows, flea markets and similar
exhibitions or | ||
events, including any transient merchant as defined by Section | ||
2
of the Transient Merchant Act of 1987, is required to file a | ||
report with the
Department providing the name of the merchant's | ||
business, the name of the
person or persons engaged in | ||
merchant's business, the permanent address and
Illinois | ||
Retailers Occupation Tax Registration Number of the merchant, | ||
the
dates and location of the event and other reasonable | ||
information that the
Department may require. The report must be | ||
filed not later than the 20th day
of the month next following | ||
the month during which the event with retail sales
was held. | ||
Any person who fails to file a report required by this Section
| ||
commits a business offense and is subject to a fine not to | ||
exceed $250. | ||
Any person engaged in the business of selling tangible | ||
personal
property at retail as a concessionaire or other type | ||
of seller at the
Illinois State Fair, county fairs, art shows, | ||
flea markets and similar
exhibitions or events, or any | ||
transient merchants, as defined by Section 2
of the Transient | ||
Merchant Act of 1987, may be required to make a daily report
of | ||
the amount of such sales to the Department and to make a daily |
payment of
the full amount of tax due. The Department shall | ||
impose this
requirement when it finds that there is a | ||
significant risk of loss of
revenue to the State at such an | ||
exhibition or event. Such a finding
shall be based on evidence | ||
that a substantial number of concessionaires
or other sellers | ||
who are not residents of Illinois will be engaging in
the | ||
business of selling tangible personal property at retail at the
| ||
exhibition or event, or other evidence of a significant risk of | ||
loss of revenue
to the State. The Department shall notify | ||
concessionaires and other sellers
affected by the imposition of | ||
this requirement. In the absence of
notification by the | ||
Department, the concessionaires and other sellers
shall file | ||
their returns as otherwise required in this Section. | ||
(Source: P.A. 99-352, eff. 8-12-15; 99-858, eff. 8-19-16; | ||
99-933, eff. 1-27-17; 100-303, eff. 8-24-17; 100-363, eff. | ||
7-1-18; revised 10-27-17.) | ||
Section 220. The Property Tax Code is amended by changing | ||
Sections 15-172, 21-95, and 21-265 as follows:
| ||
(35 ILCS 200/15-172)
| ||
Sec. 15-172. Senior Citizens Assessment Freeze Homestead | ||
Exemption.
| ||
(a) This Section may be cited as the Senior Citizens | ||
Assessment
Freeze Homestead Exemption.
| ||
(b) As used in this Section:
|
"Applicant" means an individual who has filed an | ||
application under this
Section.
| ||
"Base amount" means the base year equalized assessed value | ||
of the residence
plus the first year's equalized assessed value | ||
of any added improvements which
increased the assessed value of | ||
the residence after the base year.
| ||
"Base year" means the taxable year prior to the taxable | ||
year for which the
applicant first qualifies and applies for | ||
the exemption provided that in the
prior taxable year the | ||
property was improved with a permanent structure that
was | ||
occupied as a residence by the applicant who was liable for | ||
paying real
property taxes on the property and who was either | ||
(i) an owner of record of the
property or had legal or | ||
equitable interest in the property as evidenced by a
written | ||
instrument or (ii) had a legal or equitable interest as a | ||
lessee in the
parcel of property that was single family | ||
residence.
If in any subsequent taxable year for which the | ||
applicant applies and
qualifies for the exemption the equalized | ||
assessed value of the residence is
less than the equalized | ||
assessed value in the existing base year
(provided that such | ||
equalized assessed value is not
based
on an
assessed value that | ||
results from a temporary irregularity in the property that
| ||
reduces the
assessed value for one or more taxable years), then | ||
that
subsequent taxable year shall become the base year until a | ||
new base year is
established under the terms of this paragraph. | ||
For taxable year 1999 only, the
Chief County Assessment Officer |
shall review (i) all taxable years for which
the
applicant | ||
applied and qualified for the exemption and (ii) the existing | ||
base
year.
The assessment officer shall select as the new base | ||
year the year with the
lowest equalized assessed value.
An | ||
equalized assessed value that is based on an assessed value | ||
that results
from a
temporary irregularity in the property that | ||
reduces the assessed value for one
or more
taxable years shall | ||
not be considered the lowest equalized assessed value.
The | ||
selected year shall be the base year for
taxable year 1999 and | ||
thereafter until a new base year is established under the
terms | ||
of this paragraph.
| ||
"Chief County Assessment Officer" means the County | ||
Assessor or Supervisor of
Assessments of the county in which | ||
the property is located.
| ||
"Equalized assessed value" means the assessed value as | ||
equalized by the
Illinois Department of Revenue.
| ||
"Household" means the applicant, the spouse of the | ||
applicant, and all persons
using the residence of the applicant | ||
as their principal place of residence.
| ||
"Household income" means the combined income of the members | ||
of a household
for the calendar year preceding the taxable | ||
year.
| ||
"Income" has the same meaning as provided in Section 3.07 | ||
of the Senior
Citizens and Persons with Disabilities Property | ||
Tax Relief
Act, except that, beginning in assessment year 2001, | ||
"income" does not
include veteran's benefits.
|
"Internal Revenue Code of 1986" means the United States | ||
Internal Revenue Code
of 1986 or any successor law or laws | ||
relating to federal income taxes in effect
for the year | ||
preceding the taxable year.
| ||
"Life care facility that qualifies as a cooperative" means | ||
a facility as
defined in Section 2 of the Life Care Facilities | ||
Act.
| ||
"Maximum income limitation" means: | ||
(1) $35,000 prior
to taxable year 1999; | ||
(2) $40,000 in taxable years 1999 through 2003; | ||
(3) $45,000 in taxable years 2004 through 2005; | ||
(4) $50,000 in taxable years 2006 and 2007; | ||
(5) $55,000 in taxable years 2008 through 2016;
| ||
(6) for taxable year 2017, (i) $65,000 for qualified | ||
property located in a county with 3,000,000 or more | ||
inhabitants and (ii) $55,000 for qualified property | ||
located in a county with fewer than 3,000,000 inhabitants; | ||
and | ||
(7) for taxable years 2018 and thereafter, $65,000 for | ||
all qualified property. | ||
"Residence" means the principal dwelling place and | ||
appurtenant structures
used for residential purposes in this | ||
State occupied on January 1 of the
taxable year by a household | ||
and so much of the surrounding land, constituting
the parcel | ||
upon which the dwelling place is situated, as is used for
| ||
residential purposes. If the Chief County Assessment Officer |
has established a
specific legal description for a portion of | ||
property constituting the
residence, then that portion of | ||
property shall be deemed the residence for the
purposes of this | ||
Section.
| ||
"Taxable year" means the calendar year during which ad | ||
valorem property taxes
payable in the next succeeding year are | ||
levied.
| ||
(c) Beginning in taxable year 1994, a senior citizens | ||
assessment freeze
homestead exemption is granted for real | ||
property that is improved with a
permanent structure that is | ||
occupied as a residence by an applicant who (i) is
65 years of | ||
age or older during the taxable year, (ii) has a household | ||
income that does not exceed the maximum income limitation, | ||
(iii) is liable for paying real property taxes on
the
property, | ||
and (iv) is an owner of record of the property or has a legal or
| ||
equitable interest in the property as evidenced by a written | ||
instrument. This
homestead exemption shall also apply to a | ||
leasehold interest in a parcel of
property improved with a | ||
permanent structure that is a single family residence
that is | ||
occupied as a residence by a person who (i) is 65 years of age | ||
or older
during the taxable year, (ii) has a household income | ||
that does not exceed the maximum income limitation,
(iii)
has a | ||
legal or equitable ownership interest in the property as | ||
lessee, and (iv)
is liable for the payment of real property | ||
taxes on that property.
| ||
In counties of 3,000,000 or more inhabitants, the amount of |
the exemption for all taxable years is the equalized assessed | ||
value of the
residence in the taxable year for which | ||
application is made minus the base
amount. In all other | ||
counties, the amount of the exemption is as follows: (i) | ||
through taxable year 2005 and for taxable year 2007 and | ||
thereafter, the amount of this exemption shall be the equalized | ||
assessed value of the
residence in the taxable year for which | ||
application is made minus the base
amount; and (ii) for
taxable | ||
year 2006, the amount of the exemption is as follows:
| ||
(1) For an applicant who has a household income of | ||
$45,000 or less, the amount of the exemption is the | ||
equalized assessed value of the
residence in the taxable | ||
year for which application is made minus the base
amount. | ||
(2) For an applicant who has a household income | ||
exceeding $45,000 but not exceeding $46,250, the amount of | ||
the exemption is (i) the equalized assessed value of the
| ||
residence in the taxable year for which application is made | ||
minus the base
amount (ii) multiplied by 0.8. | ||
(3) For an applicant who has a household income | ||
exceeding $46,250 but not exceeding $47,500, the amount of | ||
the exemption is (i) the equalized assessed value of the
| ||
residence in the taxable year for which application is made | ||
minus the base
amount (ii) multiplied by 0.6. | ||
(4) For an applicant who has a household income | ||
exceeding $47,500 but not exceeding $48,750, the amount of | ||
the exemption is (i) the equalized assessed value of the
|
residence in the taxable year for which application is made | ||
minus the base
amount (ii) multiplied by 0.4. | ||
(5) For an applicant who has a household income | ||
exceeding $48,750 but not exceeding $50,000, the amount of | ||
the exemption is (i) the equalized assessed value of the
| ||
residence in the taxable year for which application is made | ||
minus the base
amount (ii) multiplied by 0.2.
| ||
When the applicant is a surviving spouse of an applicant | ||
for a prior year for
the same residence for which an exemption | ||
under this Section has been granted,
the base year and base | ||
amount for that residence are the same as for the
applicant for | ||
the prior year.
| ||
Each year at the time the assessment books are certified to | ||
the County Clerk,
the Board of Review or Board of Appeals shall | ||
give to the County Clerk a list
of the assessed values of | ||
improvements on each parcel qualifying for this
exemption that | ||
were added after the base year for this parcel and that
| ||
increased the assessed value of the property.
| ||
In the case of land improved with an apartment building | ||
owned and operated as
a cooperative or a building that is a | ||
life care facility that qualifies as a
cooperative, the maximum | ||
reduction from the equalized assessed value of the
property is | ||
limited to the sum of the reductions calculated for each unit
| ||
occupied as a residence by a person or persons (i) 65 years of | ||
age or older, (ii) with a
household income that does not exceed | ||
the maximum income limitation, (iii) who is liable, by contract |
with the
owner
or owners of record, for paying real property | ||
taxes on the property, and (iv) who is
an owner of record of a | ||
legal or equitable interest in the cooperative
apartment | ||
building, other than a leasehold interest. In the instance of a
| ||
cooperative where a homestead exemption has been granted under | ||
this Section,
the cooperative association or its management | ||
firm shall credit the savings
resulting from that exemption | ||
only to the apportioned tax liability of the
owner who | ||
qualified for the exemption. Any person who willfully refuses | ||
to
credit that savings to an owner who qualifies for the | ||
exemption is guilty of a
Class B misdemeanor.
| ||
When a homestead exemption has been granted under this | ||
Section and an
applicant then becomes a resident of a facility | ||
licensed under the Assisted Living and Shared Housing Act, the | ||
Nursing Home
Care Act, the Specialized Mental Health | ||
Rehabilitation Act of 2013, the ID/DD Community Care Act, or | ||
the MC/DD Act, the exemption shall be granted in subsequent | ||
years so long as the
residence (i) continues to be occupied by | ||
the qualified applicant's spouse or
(ii) if remaining | ||
unoccupied, is still owned by the qualified applicant for the
| ||
homestead exemption.
| ||
Beginning January 1, 1997, when an individual dies who | ||
would have qualified
for an exemption under this Section, and | ||
the surviving spouse does not
independently qualify for this | ||
exemption because of age, the exemption under
this Section | ||
shall be granted to the surviving spouse for the taxable year
|
preceding and the taxable
year of the death, provided that, | ||
except for age, the surviving spouse meets
all
other | ||
qualifications for the granting of this exemption for those | ||
years.
| ||
When married persons maintain separate residences, the | ||
exemption provided for
in this Section may be claimed by only | ||
one of such persons and for only one
residence.
| ||
For taxable year 1994 only, in counties having less than | ||
3,000,000
inhabitants, to receive the exemption, a person shall | ||
submit an application by
February 15, 1995 to the Chief County | ||
Assessment Officer
of the county in which the property is | ||
located. In counties having 3,000,000
or more inhabitants, for | ||
taxable year 1994 and all subsequent taxable years, to
receive | ||
the exemption, a person
may submit an application to the Chief | ||
County
Assessment Officer of the county in which the property | ||
is located during such
period as may be specified by the Chief | ||
County Assessment Officer. The Chief
County Assessment Officer | ||
in counties of 3,000,000 or more inhabitants shall
annually | ||
give notice of the application period by mail or by | ||
publication. In
counties having less than 3,000,000 | ||
inhabitants, beginning with taxable year
1995 and thereafter, | ||
to receive the exemption, a person
shall
submit an
application | ||
by July 1 of each taxable year to the Chief County Assessment
| ||
Officer of the county in which the property is located. A | ||
county may, by
ordinance, establish a date for submission of | ||
applications that is
different than
July 1.
The applicant shall |
submit with the
application an affidavit of the applicant's | ||
total household income, age,
marital status (and if married the | ||
name and address of the applicant's spouse,
if known), and | ||
principal dwelling place of members of the household on January
| ||
1 of the taxable year. The Department shall establish, by rule, | ||
a method for
verifying the accuracy of affidavits filed by | ||
applicants under this Section, and the Chief County Assessment | ||
Officer may conduct audits of any taxpayer claiming an | ||
exemption under this Section to verify that the taxpayer is | ||
eligible to receive the exemption. Each application shall | ||
contain or be verified by a written declaration that it is made | ||
under the penalties of perjury. A taxpayer's signing a | ||
fraudulent application under this Act is perjury, as defined in | ||
Section 32-2 of the Criminal Code of 2012.
The applications | ||
shall be clearly marked as applications for the Senior
Citizens | ||
Assessment Freeze Homestead Exemption and must contain a notice | ||
that any taxpayer who receives the exemption is subject to an | ||
audit by the Chief County Assessment Officer.
| ||
Notwithstanding any other provision to the contrary, in | ||
counties having fewer
than 3,000,000 inhabitants, if an | ||
applicant fails
to file the application required by this | ||
Section in a timely manner and this
failure to file is due to a | ||
mental or physical condition sufficiently severe so
as to | ||
render the applicant incapable of filing the application in a | ||
timely
manner, the Chief County Assessment Officer may extend | ||
the filing deadline for
a period of 30 days after the applicant |
regains the capability to file the
application, but in no case | ||
may the filing deadline be extended beyond 3
months of the | ||
original filing deadline. In order to receive the extension
| ||
provided in this paragraph, the applicant shall provide the | ||
Chief County
Assessment Officer with a signed statement from | ||
the applicant's physician, advanced practice registered nurse, | ||
or physician assistant
stating the nature and extent of the | ||
condition, that, in the
physician's, advanced practice | ||
registered nurse's, or physician assistant's opinion, the | ||
condition was so severe that it rendered the applicant
| ||
incapable of filing the application in a timely manner, and the | ||
date on which
the applicant regained the capability to file the | ||
application.
| ||
Beginning January 1, 1998, notwithstanding any other | ||
provision to the
contrary, in counties having fewer than | ||
3,000,000 inhabitants, if an applicant
fails to file the | ||
application required by this Section in a timely manner and
| ||
this failure to file is due to a mental or physical condition | ||
sufficiently
severe so as to render the applicant incapable of | ||
filing the application in a
timely manner, the Chief County | ||
Assessment Officer may extend the filing
deadline for a period | ||
of 3 months. In order to receive the extension provided
in this | ||
paragraph, the applicant shall provide the Chief County | ||
Assessment
Officer with a signed statement from the applicant's | ||
physician, advanced practice registered nurse, or physician | ||
assistant stating the
nature and extent of the condition, and |
that, in the physician's, advanced practice registered | ||
nurse's, or physician assistant's opinion, the
condition was so | ||
severe that it rendered the applicant incapable of filing the
| ||
application in a timely manner.
| ||
In counties having less than 3,000,000 inhabitants, if an | ||
applicant was
denied an exemption in taxable year 1994 and the | ||
denial occurred due to an
error on the part of an assessment
| ||
official, or his or her agent or employee, then beginning in | ||
taxable year 1997
the
applicant's base year, for purposes of | ||
determining the amount of the exemption,
shall be 1993 rather | ||
than 1994. In addition, in taxable year 1997, the
applicant's | ||
exemption shall also include an amount equal to (i) the amount | ||
of
any exemption denied to the applicant in taxable year 1995 | ||
as a result of using
1994, rather than 1993, as the base year, | ||
(ii) the amount of any exemption
denied to the applicant in | ||
taxable year 1996 as a result of using 1994, rather
than 1993, | ||
as the base year, and (iii) the amount of the exemption | ||
erroneously
denied for taxable year 1994.
| ||
For purposes of this Section, a person who will be 65 years | ||
of age during the
current taxable year shall be eligible to | ||
apply for the homestead exemption
during that taxable year. | ||
Application shall be made during the application
period in | ||
effect for the county of his or her residence.
| ||
The Chief County Assessment Officer may determine the | ||
eligibility of a life
care facility that qualifies as a | ||
cooperative to receive the benefits
provided by this Section by |
use of an affidavit, application, visual
inspection, | ||
questionnaire, or other reasonable method in order to insure | ||
that
the tax savings resulting from the exemption are credited | ||
by the management
firm to the apportioned tax liability of each | ||
qualifying resident. The Chief
County Assessment Officer may | ||
request reasonable proof that the management firm
has so | ||
credited that exemption.
| ||
Except as provided in this Section, all information | ||
received by the chief
county assessment officer or the | ||
Department from applications filed under this
Section, or from | ||
any investigation conducted under the provisions of this
| ||
Section, shall be confidential, except for official purposes or
| ||
pursuant to official procedures for collection of any State or | ||
local tax or
enforcement of any civil or criminal penalty or | ||
sanction imposed by this Act or
by any statute or ordinance | ||
imposing a State or local tax. Any person who
divulges any such | ||
information in any manner, except in accordance with a proper
| ||
judicial order, is guilty of a Class A misdemeanor.
| ||
Nothing contained in this Section shall prevent the | ||
Director or chief county
assessment officer from publishing or | ||
making available reasonable statistics
concerning the | ||
operation of the exemption contained in this Section in which
| ||
the contents of claims are grouped into aggregates in such a | ||
way that
information contained in any individual claim shall | ||
not be disclosed. | ||
Notwithstanding any other provision of law, for taxable |
year 2017 and thereafter, in counties of 3,000,000 or more | ||
inhabitants, the amount of the exemption shall be the greater | ||
of (i) the amount of the exemption otherwise calculated under | ||
this Section or (ii) $2,000.
| ||
(d) Each Chief County Assessment Officer shall annually | ||
publish a notice
of availability of the exemption provided | ||
under this Section. The notice
shall be published at least 60 | ||
days but no more than 75 days prior to the date
on which the | ||
application must be submitted to the Chief County Assessment
| ||
Officer of the county in which the property is located. The | ||
notice shall
appear in a newspaper of general circulation in | ||
the county.
| ||
Notwithstanding Sections 6 and 8 of the State Mandates Act, | ||
no reimbursement by the State is required for the | ||
implementation of any mandate created by this Section.
| ||
(Source: P.A. 99-143, eff. 7-27-15; 99-180, eff. 7-29-15; | ||
99-581, eff. 1-1-17; 99-642, eff. 7-28-16; 100-401, eff. | ||
8-25-17; 100-513, eff. 1-1-18; revised 9-25-17.) | ||
(35 ILCS 200/21-95) | ||
Sec. 21-95. Tax abatement after acquisition by a | ||
governmental unit. When
any county, municipality, school | ||
district, forest preserve district, or park district acquires | ||
property through the foreclosure of a
lien, through
a
judicial | ||
deed, through the
foreclosure of receivership
certificate | ||
lien, or by acceptance of a deed of conveyance in lieu of
|
foreclosing any lien against the
property, or when a government | ||
unit acquires property under the Abandoned
Housing | ||
Rehabilitation Act or a blight reduction or abandoned property | ||
program administered by the Illinois Housing Development | ||
Authority, or when any county or other taxing district
acquires | ||
a deed for property under Section 21-90 or Sections 21-145 and | ||
21-260,
or when any county, municipality, school district, | ||
forest preserve district, or park district acquires title to | ||
property that was to be transferred to that county, | ||
municipality, school district, forest preserve district, or | ||
park district under the terms of an annexation agreement, | ||
development agreement, donation agreement, plat of | ||
subdivision, or zoning ordinance by an entity that has been | ||
dissolved or is being dissolved or has been in bankruptcy | ||
proceedings or is in bankruptcy proceedings, all due or unpaid | ||
property taxes and existing liens for unpaid property taxes
| ||
imposed or pending under any law or ordinance of this State or | ||
any of its
political subdivisions shall become null and void. | ||
(Source: P.A. 100-314; eff. 8-24-17; 100-445, eff. 1-1-18; | ||
revised 9-22-17.)
| ||
(35 ILCS 200/21-265)
| ||
Sec. 21-265. Scavenger sale; persons ineligible to bid or | ||
purchase. (a) No person, except a unit of local government, | ||
shall be eligible to bid
or receive a certificate of purchase | ||
at any sale under Section 21-260 unless
that person has |
completed and delivered to the county clerk a true, accurate
| ||
and complete application for certificate of purchase which | ||
shall affirm that:
| ||
(1) the person has not bid upon or applied to purchase | ||
any property at the
sale for a person who is the party or | ||
agent of the party who owns the property
or is responsible | ||
for the payment of the delinquent taxes;
| ||
(2) the person is not, nor is he or she the agent for, | ||
the owner or party
responsible for payment of the general | ||
taxes on any property which is located
in the same county | ||
in which the sale is held and which is tax delinquent or
| ||
forfeited for all or any part of each of 2 or more years, | ||
excepting any year
for which a certificate of error issued | ||
under Sections 14-15, 14-20 , and 14-25
is pending for | ||
adjudication; and
| ||
(3) the person, although otherwise eligible to bid, has | ||
not either
directly or through an agent twice during the | ||
same sale failed to complete a
purchase by the immediate | ||
payment of the minimum bid or the payment of the
balance of | ||
a bid within the time provided by Section 21-260.
| ||
(Source: P.A. 86-949; 87-669; 88-455; revised 9-22-17.)
| ||
Section 225. The Mobile Home Local Services Tax Enforcement | ||
Act is amended by changing Section 205 as follows:
| ||
(35 ILCS 516/205)
|
Sec. 205. Scavenger sale; persons ineligible to bid or | ||
purchase. (a) No person, except a unit of local government, | ||
shall be eligible to bid
or receive a certificate of purchase | ||
at any sale under Section 200 unless
that person has completed | ||
and delivered to the county clerk a true, accurate,
and | ||
complete application for certificate of purchase which shall | ||
affirm that:
| ||
(1) the person has not bid upon or applied to purchase | ||
any mobile home at
the sale for a person who is the party | ||
or agent of the party who owns the
mobile home or is | ||
responsible for the payment of the delinquent taxes;
| ||
(2) the person is not, nor is he or she the agent for, | ||
the owner or party
responsible for payment of the taxes on | ||
any mobile home which is located
in the same county in | ||
which the sale is held and which is tax delinquent or
| ||
forfeited for all or any part of each of 2 or more years; | ||
and
| ||
(3) the person, although otherwise eligible to bid, has | ||
not either
directly or through an agent twice during the | ||
same sale failed to complete a
purchase by the immediate | ||
payment of the minimum bid or the payment of the
balance of | ||
a bid within the time provided by Section 200.
| ||
(Source: P.A. 92-807, eff. 1-1-03; revised 9-22-17.)
| ||
Section 230. The Water Company Invested Capital Tax Act is | ||
amended by changing Section 2 as follows:
|
(35 ILCS 625/2) (from Ch. 120, par. 1412)
| ||
Sec. 2. Definitions. As used in this Section, the following | ||
words and
phrases shall have the meanings ascribed herein | ||
unless the context
clearly requires otherwise:
| ||
"Department" means the Department of Revenue of the State | ||
of
Illinois.
| ||
"Director" means the Director of Revenue for the Department | ||
of
Revenue of the State of Illinois.
| ||
"Taxpayer" means a person engaged in the business of | ||
distributing,
supplying, furnishing or selling water for use or | ||
consumption and not
for resale or distributing, supplying, | ||
furnishing or selling water for
use or consumption and | ||
providing sewerage disposal service.
| ||
"Person" means any natural individual, firm, trust, | ||
estate,
partnership, association, joint stock company, joint | ||
adventure,
corporation, limited liability company, or a | ||
receiver, trustee, conservator
or other representative | ||
appointed by order of any court, or any city, town,
county or | ||
other political subdivision of this State.
| ||
"Water company" means and includes every corporation, | ||
company,
association, joint stock company or association, | ||
firm, partnership or
individual, their lessees, trustees, or | ||
receivers appointed by any court
whatsoever that is regulated | ||
by the Illinois Commerce Commission under the Public Utilities | ||
Act
"An Act concerning public utilities", approved June 29, |
1921, as
amended, and that owns, controls, operates , or | ||
manages, within this
State, directly or indirectly, for public | ||
use, any plant, equipment or
property used or to be used for or | ||
in connection with, or owns or
controls any franchise, license, | ||
permit or right to engage in:
| ||
(A) the production, storage, transmission, sale, | ||
delivery or
furnishing of water; or
| ||
(B) the production, storage, transmission, sale, | ||
delivery or
furnishing of water and the disposal of | ||
sewerage.
| ||
"Water company" does not include, however, water | ||
companies, as
defined in this Section, that are owned and | ||
operated by any political
subdivision or municipal corporation | ||
of this State, or owned by such
political subdivision or | ||
municipal corporation and operated by any of
its lessees or | ||
operating agents, or which are purely mutual concerns,
having | ||
no rates or charges for services, but paying the operating
| ||
expenses by assessment upon the members of such a company and | ||
no other
person.
| ||
"Invested capital" means that amount equal to (i) the | ||
average of the
balances at the beginning and end of the taxable | ||
period of the
taxpayer's total stockholder's equity and total | ||
long-term debt, less
investments in and advances to all | ||
corporations, as set forth on the
balance sheets included in | ||
the taxpayer's annual report to the Illinois
Commerce | ||
Commission for the taxable period; (ii) multiplied by a
|
fraction determined under Sections 301 and 304(a) of the | ||
" Illinois
Income Tax Act " and reported on the Illinois income | ||
tax return for the
taxable period ending in or with the taxable | ||
period in question.
However, notwithstanding the income tax | ||
return reporting requirement stated
above, beginning July 1, | ||
1979, no taxpayer's denominators used to compute
the sales, | ||
property or payroll factors under subsection (a) of Section 304
| ||
of the Illinois Income Tax Act shall include payroll, property | ||
or sales of
any corporate entity other than the taxpayer for | ||
the purposes of
determining an allocation for the invested | ||
capital tax. Public Act 82-1024 This amendatory
Act of 1982 is | ||
not intended to and does not make any change in the meaning
of | ||
any provision of this Act, it having been the intent of the | ||
General
Assembly in initially enacting the definition of | ||
"invested capital" to
provide for apportionment of the invested | ||
capital of each company, based
solely upon the sales, property | ||
and payroll of that company.
| ||
"Taxable period" means each period which ends after August | ||
14, 1979
and which is covered by an annual report filed by the
| ||
taxpayer with the Illinois Commerce Commission.
| ||
(Source: P.A. 88-480; revised 10-11-17.)
| ||
Section 235. The Illinois Pension Code is amended by | ||
changing Sections 1-113.22, 3-143, 7-172, 8-251, 11-223.1, | ||
11-230, and 16-158 as follows: |
(40 ILCS 5/1-113.22) | ||
Sec. 1-113.22. Required disclosures from consultants; | ||
minority-owned minority owned businesses, women-owned female | ||
owned businesses, and businesses owned by persons with a | ||
disability. | ||
(a) No later than January 1, 2018 and each January 1 | ||
thereafter, each consultant retained by the board of a | ||
retirement system, board of a pension fund, or investment board | ||
shall disclose to that board of the retirement system, board of | ||
the pension fund, or investment board: | ||
(1) the total number of searches for investment | ||
services made by the consultant in the prior calendar year; | ||
(2) the total number of searches for investment | ||
services made by the consultant in the prior calendar year | ||
that included (i) a minority-owned minority owned | ||
business, (ii) a women-owned female owned business, or | ||
(iii) a business owned by a person with a disability; | ||
(3) the total number of searches for investment | ||
services made by the consultant in the prior calendar year | ||
in which the consultant recommended for selection (i) a | ||
minority-owned minority owned business, (ii) a women-owned | ||
female owned business, or (iii) a business owned by a | ||
person with a disability; | ||
(4) the total number of searches for investment | ||
services made by the consultant in the prior calendar year | ||
that resulted in the selection of (i) a minority-owned |
minority owned business, (ii) a women-owned female owned | ||
business, or (iii) a business owned by a person with a | ||
disability; and | ||
(5) the total dollar amount of investment made in the | ||
previous calendar year with (i) a minority-owned minority | ||
owned business, (ii) a women-owned female owned business, | ||
or (iii) a business owned by a person with a disability | ||
that was selected after a search for investment services | ||
performed by the consultant. | ||
(b) Beginning January 1, 2018, no contract, oral or | ||
written, for consulting services shall be awarded by a board of | ||
a retirement system, a board of a pension fund, or an | ||
investment board without first requiring the consultant to make | ||
the disclosures required in subsection (a) of this Section. | ||
(c) The disclosures required by subsection (b) of this | ||
Section shall be considered, within the bounds of financial and | ||
fiduciary prudence, prior to the awarding of a contract, oral | ||
or written, for consulting services. | ||
(d) As used in this Section, the terms "minority person", | ||
"woman" "female" , "person with a disability", " minority-owned | ||
minority owned business", " women-owned female owned business", | ||
and "business owned by a person with a disability" have the | ||
same meaning as those terms have in the Business Enterprise for | ||
Minorities, Women Females , and Persons with Disabilities Act.
| ||
(Source: P.A. 100-542, eff. 11-8-17; revised 12-14-17.)
|
(40 ILCS 5/3-143) (from Ch. 108 1/2, par. 3-143)
| ||
Sec. 3-143. Report by pension board. | ||
(a) The pension board shall report annually to the city
| ||
council or board of trustees of the municipality on the | ||
condition of the
pension fund at the end of its most recently | ||
completed fiscal year. The
report shall be made prior to the | ||
council or board meeting held for the levying
of taxes for the | ||
year for which the report is made.
| ||
The pension board shall certify and provide the following | ||
information to the city council or board of trustees of the | ||
municipality:
| ||
(1) the total assets of the fund in its custody at the | ||
end of the fiscal
year and the current market value of | ||
those assets;
| ||
(2) the estimated receipts during the next succeeding | ||
fiscal year from
deductions from the salaries of police | ||
officers, and
from all other sources;
| ||
(3) the estimated amount required during the next | ||
succeeding fiscal year
to (a) pay all pensions and other | ||
obligations provided
in this Article, and (b) to meet the | ||
annual requirements of the fund as
provided in Sections | ||
3-125 and 3-127;
| ||
(4) the total net income received from investment of | ||
assets along with the assumed investment return and actual | ||
investment return received by the fund during its most | ||
recently completed fiscal year compared to the total net
|
income, assumed investment return, and actual investment | ||
return received during the preceding fiscal year;
| ||
(5) the total number of active employees who are | ||
financially contributing to the fund; | ||
(6) the total amount that was disbursed in benefits | ||
during the fiscal year, including the number of and total | ||
amount disbursed to (i) annuitants in receipt of a regular | ||
retirement pension, (ii) recipients being paid a | ||
disability pension, and (iii) survivors and children in | ||
receipt of benefits; | ||
(7) the funded ratio of the fund; | ||
(8) the unfunded liability carried by the fund, along | ||
with an actuarial explanation of the unfunded liability; | ||
and | ||
(9) the investment policy of the pension board under | ||
the statutory investment restrictions imposed on the fund. | ||
Before the pension board makes its report, the municipality | ||
shall have the assets
of the fund and their current market | ||
value verified by an independent certified
public accountant of | ||
its choice.
| ||
(b) The municipality is authorized to publish the report | ||
submitted under this Section. This publication may be made, | ||
without limitation, by publication in a local newspaper of | ||
general circulation in the municipality or by publication on | ||
the municipality's Internet website. If the municipality | ||
publishes the report, then that publication must include all of |
the information submitted by the pension board under subsection | ||
(a). | ||
(Source: P.A. 95-950, eff. 8-29-08; revised 11-8-17.)
| ||
(40 ILCS 5/7-172) (from Ch. 108 1/2, par. 7-172)
| ||
Sec. 7-172. Contributions by participating municipalities | ||
and
participating instrumentalities.
| ||
(a) Each participating municipality and each participating
| ||
instrumentality shall make payment to the fund as follows:
| ||
1. municipality contributions in an amount determined | ||
by applying
the municipality contribution rate to each | ||
payment of earnings paid to
each of its participating | ||
employees;
| ||
2. an amount equal to the employee contributions | ||
provided by paragraph
(a) of Section 7-173, whether or not | ||
the employee contributions are
withheld as permitted by | ||
that Section;
| ||
3. all accounts receivable, together with interest | ||
charged thereon,
as provided in Section 7-209, and any | ||
amounts due under subsection (a-5) of Section 7-144;
| ||
4. if it has no participating employees with current | ||
earnings, an
amount payable which, over a closed period of | ||
20 years for participating municipalities and 10 years for | ||
participating instrumentalities, will amortize, at the | ||
effective rate for
that year, any unfunded obligation. The | ||
unfunded obligation shall be computed as provided in |
paragraph 2 of subsection (b); | ||
5. if it has fewer than 7 participating employees or a | ||
negative balance in its municipality reserve, the greater | ||
of (A) an amount payable that, over a period of 20 years, | ||
will amortize at the effective rate for that year any | ||
unfunded obligation, computed as provided in paragraph 2 of | ||
subsection (b) or (B) the amount required by paragraph 1 of | ||
this subsection (a).
| ||
(b) A separate municipality contribution rate shall be | ||
determined
for each calendar year for all participating | ||
municipalities together
with all instrumentalities thereof. | ||
The municipality contribution rate
shall be determined for | ||
participating instrumentalities as if they were
participating | ||
municipalities. The municipality contribution rate shall
be | ||
the sum of the following percentages:
| ||
1. The percentage of earnings of all the participating | ||
employees of all
participating municipalities and | ||
participating instrumentalities which, if paid
over the | ||
entire period of their service, will be sufficient when | ||
combined with
all employee contributions available for the | ||
payment of benefits, to provide
all annuities for | ||
participating employees, and the $3,000 death benefit
| ||
payable under Sections 7-158 and 7-164, such percentage to | ||
be known as the
normal cost rate.
| ||
2. The percentage of earnings of the participating | ||
employees of each
participating municipality and |
participating instrumentalities necessary
to adjust for | ||
the difference between the present value of all benefits,
| ||
excluding temporary and total and permanent disability and | ||
death benefits, to
be provided for its participating | ||
employees and the sum of its accumulated
municipality | ||
contributions and the accumulated employee contributions | ||
and the
present value of expected future employee and | ||
municipality contributions
pursuant to subparagraph 1 of | ||
this paragraph (b). This adjustment shall be
spread over a | ||
period determined by the Board, not to exceed 30 years for | ||
participating municipalities or 10 years for participating | ||
instrumentalities.
| ||
3. The percentage of earnings of the participating | ||
employees of all
municipalities and participating | ||
instrumentalities necessary to provide
the present value | ||
of all temporary and total and permanent disability
| ||
benefits granted during the most recent year for which | ||
information is
available.
| ||
4. The percentage of earnings of the participating | ||
employees of all
participating municipalities and | ||
participating instrumentalities
necessary to provide the | ||
present value of the net single sum death
benefits expected | ||
to become payable from the reserve established under
| ||
Section 7-206 during the year for which this rate is fixed.
| ||
5. The percentage of earnings necessary to meet any | ||
deficiency
arising in the Terminated Municipality Reserve.
|
(c) A separate municipality contribution rate shall be | ||
computed for
each participating municipality or participating | ||
instrumentality
for its sheriff's law enforcement employees.
| ||
A separate municipality contribution rate shall be | ||
computed for the
sheriff's law enforcement employees of each | ||
forest preserve district that
elects to have such employees. | ||
For the period from January 1, 1986 to
December 31, 1986, such | ||
rate shall be the forest preserve district's regular
rate plus | ||
2%.
| ||
In the event that the Board determines that there is an | ||
actuarial
deficiency in the account of any municipality with | ||
respect to a person who
has elected to participate in the Fund | ||
under Section 3-109.1 of this Code,
the Board may adjust the | ||
municipality's contribution rate so as to make up
that | ||
deficiency over such reasonable period of time as the Board may | ||
determine.
| ||
(d) The Board may establish a separate municipality | ||
contribution
rate for all employees who are program | ||
participants employed under the
federal Comprehensive | ||
Employment Training Act by all of the
participating | ||
municipalities and instrumentalities. The Board may also
| ||
provide that, in lieu of a separate municipality rate for these
| ||
employees, a portion of the municipality contributions for such | ||
program
participants shall be refunded or an extra charge | ||
assessed so that the
amount of municipality contributions | ||
retained or received by the fund
for all CETA program |
participants shall be an amount equal to that which
would be | ||
provided by the separate municipality contribution rate for all
| ||
such program participants. Refunds shall be made to prime | ||
sponsors of
programs upon submission of a claim therefor and | ||
extra charges shall be
assessed to participating | ||
municipalities and instrumentalities. In
establishing the | ||
municipality contribution rate as provided in paragraph
(b) of | ||
this Section, the use of a separate municipality contribution
| ||
rate for program participants or the refund of a portion of the
| ||
municipality contributions, as the case may be, may be | ||
considered.
| ||
(e) Computations of municipality contribution rates for | ||
the
following calendar year shall be made prior to the | ||
beginning of each
year, from the information available at the | ||
time the computations are
made, and on the assumption that the | ||
employees in each participating
municipality or participating | ||
instrumentality at such time will continue
in service until the | ||
end of such calendar year at their respective rates
of earnings | ||
at such time.
| ||
(f) Any municipality which is the recipient of State | ||
allocations
representing that municipality's contributions for | ||
retirement annuity
purposes on behalf of its employees as | ||
provided in Section 12-21.16 of
the Illinois Public Aid Code | ||
shall pay the allocations so
received to the Board for such | ||
purpose. Estimates of State allocations to
be received during | ||
any taxable year shall be considered in the
determination of |
the municipality's tax rate for that year under Section
7-171. | ||
If a special tax is levied under Section 7-171, none of the
| ||
proceeds may be used to reimburse the municipality for the | ||
amount of State
allocations received and paid to the Board. Any | ||
multiple-county or
consolidated health department which | ||
receives contributions from a county
under Section 11.2 of "An | ||
Act in relation to establishment and maintenance
of county and | ||
multiple-county health departments", approved July 9, 1943,
as | ||
amended, or distributions under Section 3 of the Department of | ||
Public
Health Act, shall use these only for municipality | ||
contributions by the
health department.
| ||
(g) Municipality contributions for the several purposes | ||
specified
shall, for township treasurers and employees in the | ||
offices of the
township treasurers who meet the qualifying | ||
conditions for coverage
hereunder, be allocated among the | ||
several school districts and parts of
school districts serviced | ||
by such treasurers and employees in the
proportion which the | ||
amount of school funds of each district or part of
a district | ||
handled by the treasurer bears to the total amount of all
| ||
school funds handled by the treasurer.
| ||
From the funds subject to allocation among districts and | ||
parts of
districts pursuant to the School Code, the trustees | ||
shall withhold the
proportionate share of the liability for | ||
municipality contributions imposed
upon such districts by this | ||
Section, in respect to such township treasurers
and employees | ||
and remit the same to the Board.
|
The municipality contribution rate for an educational | ||
service center shall
initially be the same rate for each year | ||
as the regional office of
education or school district
which | ||
serves as its administrative agent. When actuarial data become
| ||
available, a separate rate shall be established as provided in | ||
subparagraph
(i) of this Section.
| ||
The municipality contribution rate for a public agency, | ||
other than a
vocational education cooperative, formed under the | ||
Intergovernmental
Cooperation Act shall initially be the | ||
average rate for the municipalities
which are parties to the | ||
intergovernmental agreement. When actuarial data
become | ||
available, a separate rate shall be established as provided in
| ||
subparagraph (i) of this Section.
| ||
(h) Each participating municipality and participating
| ||
instrumentality shall make the contributions in the amounts | ||
provided in
this Section in the manner prescribed from time to | ||
time by the Board and
all such contributions shall be | ||
obligations of the respective
participating municipalities and | ||
participating instrumentalities to this
fund. The failure to | ||
deduct any employee contributions shall not
relieve the | ||
participating municipality or participating instrumentality
of | ||
its obligation to this fund. Delinquent payments of | ||
contributions
due under this Section may, with interest, be | ||
recovered by civil action
against the participating | ||
municipalities or participating
instrumentalities. | ||
Municipality contributions, other than the amount
necessary |
for employee contributions, for
periods of service by employees | ||
from whose earnings no deductions were made
for employee | ||
contributions to the fund, may be charged to the municipality
| ||
reserve for the municipality or participating instrumentality.
| ||
(i) Contributions by participating instrumentalities shall | ||
be
determined as provided herein except that the percentage | ||
derived under
subparagraph 2 of paragraph (b) of this Section, | ||
and the amount payable
under subparagraph 4 of paragraph (a) of | ||
this Section, shall be based on
an amortization period of 10 | ||
years.
| ||
(j) Notwithstanding the other provisions of this Section, | ||
the additional unfunded liability accruing as a result of | ||
Public Act 94-712 this amendatory Act of the 94th General | ||
Assembly
shall be amortized over a period of 30 years beginning | ||
on January 1 of the
second calendar year following the calendar | ||
year in which Public Act 94-712 this amendatory Act takes | ||
effect, except that the employer may provide for a longer | ||
amortization period by adopting a resolution or ordinance | ||
specifying a 35-year or 40-year period and submitting a | ||
certified copy of the ordinance or resolution to the fund no | ||
later than June 1 of the calendar year following the calendar | ||
year in which Public Act 94-712 this amendatory Act takes | ||
effect.
| ||
(k) If the amount of a participating employee's reported | ||
earnings for any of the 12-month periods used to determine the | ||
final rate of earnings exceeds the employee's 12-month 12 month |
reported earnings with the same employer for the previous year | ||
by the greater of 6% or 1.5 times the annual increase in the | ||
Consumer Price Index-U, as established by the United States | ||
Department of Labor for the preceding September, the | ||
participating municipality or participating instrumentality | ||
that paid those earnings shall pay to the Fund, in addition to | ||
any other contributions required under this Article, the | ||
present value of the increase in the pension resulting from the | ||
portion of the increase in reported earnings that is in excess | ||
of the greater of 6% or 1.5 times the annual increase in the | ||
Consumer Price Index-U, as determined by the Fund. This present | ||
value shall be computed on the basis of the actuarial | ||
assumptions and tables used in the most recent actuarial | ||
valuation of the Fund that is available at the time of the | ||
computation. | ||
Whenever it determines that a payment is or may be required | ||
under this subsection (k), the fund shall calculate the amount | ||
of the payment and bill the participating municipality or | ||
participating instrumentality for that amount. The bill shall | ||
specify the calculations used to determine the amount due. If | ||
the participating municipality or participating | ||
instrumentality disputes the amount of the bill, it may, within | ||
30 days after receipt of the bill, apply to the fund in writing | ||
for a recalculation. The application must specify in detail the | ||
grounds of the dispute. Upon receiving a timely application for | ||
recalculation, the fund shall review the application and, if |
appropriate, recalculate the amount due.
The participating | ||
municipality and participating instrumentality contributions | ||
required under this subsection (k) may be paid in the form of a | ||
lump sum within 90 days after receipt of the bill. If the | ||
participating municipality and participating instrumentality | ||
contributions are not paid within 90 days after receipt of the | ||
bill, then interest will be charged at a rate equal to the | ||
fund's annual actuarially assumed rate of return on investment | ||
compounded annually from the 91st day after receipt of the | ||
bill. Payments must be concluded within 3 years after receipt | ||
of the bill by the participating municipality or participating | ||
instrumentality. | ||
When assessing payment for any amount due under this | ||
subsection (k), the fund shall exclude earnings increases | ||
resulting from overload or overtime earnings. | ||
When assessing payment for any amount due under this | ||
subsection (k), the fund shall exclude earnings increases | ||
resulting from payments for unused vacation time, but only for | ||
payments for unused vacation time made in the final 3 months of | ||
the final rate of earnings period. | ||
When assessing payment for any amount due under this | ||
subsection (k), the fund shall also exclude earnings increases | ||
attributable to standard employment promotions resulting in | ||
increased responsibility and workload. | ||
This subsection (k) does not apply to earnings increases | ||
paid to individuals under contracts or collective bargaining |
agreements entered into, amended, or renewed before January 1, | ||
2012 (the effective date of Public Act 97-609), earnings | ||
increases paid to members who are 10 years or more from | ||
retirement eligibility, or earnings increases resulting from | ||
an increase in the number of hours required to be worked. | ||
When assessing payment for any amount due under this | ||
subsection (k), the fund shall also exclude earnings | ||
attributable to personnel policies adopted before January 1, | ||
2012 (the effective date of Public Act 97-609) as long as those | ||
policies are not applicable to employees who begin service on | ||
or after January 1, 2012 (the effective date of Public Act | ||
97-609). | ||
The change made to this Section by Public Act 100-139 this | ||
amendatory Act of the 100th General Assembly is a clarification | ||
of existing law and is intended to be retroactive to January 1, | ||
2012 (the effective date of Public Act 97-609). | ||
(Source: P.A. 99-745, eff. 8-5-16; 100-139, eff. 8-18-17; | ||
100-411, eff. 8-25-17; revised 9-25-17.)
| ||
(40 ILCS 5/8-251) (from Ch. 108 1/2, par. 8-251)
| ||
Sec. 8-251. Felony conviction. None of the benefits | ||
provided for in this Article shall be paid to any
person who is | ||
convicted of any felony relating to or arising out of or in
| ||
connection with his service as a municipal employee.
| ||
None of the benefits provided for in this Article shall be | ||
paid to any person who otherwise would receive a survivor |
benefit who is convicted of any felony relating to or arising | ||
out of or in connection with the service of the employee from | ||
whom the benefit results. | ||
This Section shall not operate to impair any contract or | ||
vested right
heretofore acquired under any law or laws | ||
continued in this Article, nor to
preclude the right to a | ||
refund, and for the changes under Public Act 100-334 this | ||
amendatory Act of the 100th General Assembly , shall not impair | ||
any contract or vested right acquired by a survivor prior to | ||
August 25, 2017 ( the effective date of Public Act 100-334) this | ||
amendatory Act of the 100th General Assembly .
| ||
Any refund required under this Article shall be calculated | ||
based on that person's contributions to the Fund, less the | ||
amount of any annuity benefit previously received by the person | ||
or his or her beneficiaries. The changes made to this Section | ||
by Public Act 100-23 this amendatory Act of the 100th General | ||
Assembly apply only to persons who first become participants | ||
under this Article on or after July 6, 2017 ( the effective date | ||
of Public Act 100-23) this amendatory Act of the 100th General | ||
Assembly . | ||
All future entrants entering service subsequent to July 11, | ||
1955 shall
be deemed to have consented to the provisions of | ||
this Section as a
condition of coverage, and all participants | ||
entering service subsequent to August 25, 2017 ( the effective | ||
date of Public Act 100-334) this amendatory Act of the 100th | ||
General Assembly shall be deemed to have consented to the |
provisions of Public Act 100-334 this amendatory Act as a | ||
condition of participation.
| ||
(Source: P.A. 100-23, eff. 7-6-17; 100-334, eff. 8-25-17; | ||
revised 9-28-17.)
| ||
(40 ILCS 5/11-223.1) (from Ch. 108 1/2, par. 11-223.1)
| ||
Sec. 11-223.1. Assignment for health, hospital , and | ||
medical insurance. The board may provide, by regulation, that | ||
any annuitant or pensioner ,
may assign his annuity or | ||
disability benefit, or any part thereof, for the
purpose of | ||
premium payment for a membership for the annuitant, and his or
| ||
her spouse and children, in a hospital care plan or
medical | ||
surgical plan, provided, however, that the board may, in its
| ||
discretion, terminate the right of assignment. Any such | ||
hospital or medical
insurance plan may include provision for | ||
the beneficiaries thereof who rely
on treatment by spiritual | ||
means alone through prayer for healing in
accordance with the | ||
tenets and practice of a well-recognized well recognized | ||
religious
denomination.
| ||
Upon the adoption of a regulation permitting such | ||
assignment, the board
shall establish and administer a plan for | ||
the maintenance of the insurance
plan membership by the | ||
annuitant or pensioner.
| ||
(Source: P.A. 100-23, eff. 7-6-17; revised 9-25-17.)
| ||
(40 ILCS 5/11-230) (from Ch. 108 1/2, par. 11-230)
|
Sec. 11-230. Felony conviction. None of the benefits | ||
provided in this Article shall be paid to any
person who is | ||
convicted of any felony relating to or arising out of or in
| ||
connection with his service as employee.
| ||
None of the benefits provided for in this Article shall be | ||
paid to any person who otherwise would receive a survivor | ||
benefit who is convicted of any felony relating to or arising | ||
out of or in connection with the service of the employee from | ||
whom the benefit results. | ||
This Section shall not operate to impair any contract or | ||
vested right
heretofore acquired under any law or laws | ||
continued in this Article, nor to
preclude the right to a | ||
refund, and for the changes under Public Act 100-334 this | ||
amendatory Act of the 100th General Assembly , shall not impair | ||
any contract or vested right acquired by a survivor prior to | ||
August 25, 2017 ( the effective date of Public Act 100-334) this | ||
amendatory Act of the 100th General Assembly .
| ||
Any refund required under this Article shall be calculated | ||
based on that person's contributions to the Fund, less the | ||
amount of any annuity benefit previously received by the person | ||
or his or beneficiaries. The changes made to this Section by | ||
Public Act 100-23 this amendatory Act of the 100th General | ||
Assembly apply only to persons who first become members or | ||
participants under this Article on or after July 6, 2017 ( the | ||
effective date of Public Act 100-23) this amendatory Act of the | ||
100th General Assembly . |
All future entrants entering service after July 11, 1955, | ||
shall be
deemed to have consented to the provisions of this | ||
Section as a condition
of coverage, and all participants | ||
entering service subsequent to August 25, 2017 ( the effective | ||
date of Public Act 100-334) this amendatory Act of the 100th | ||
General Assembly shall be deemed to have consented to the | ||
provisions of Public Act 100-334 this amendatory Act as a | ||
condition of participation.
| ||
(Source: P.A. 100-23, eff. 7-6-17; 100-334, eff. 8-25-17; | ||
revised 9-26-17.)
| ||
(40 ILCS 5/16-158)
(from Ch. 108 1/2, par. 16-158)
| ||
Sec. 16-158. Contributions by State and other employing | ||
units.
| ||
(a) The State shall make contributions to the System by | ||
means of
appropriations from the Common School Fund and other | ||
State funds of amounts
which, together with other employer | ||
contributions, employee contributions,
investment income, and | ||
other income, will be sufficient to meet the cost of
| ||
maintaining and administering the System on a 90% funded basis | ||
in accordance
with actuarial recommendations.
| ||
The Board shall determine the amount of State contributions | ||
required for
each fiscal year on the basis of the actuarial | ||
tables and other assumptions
adopted by the Board and the | ||
recommendations of the actuary, using the formula
in subsection | ||
(b-3).
|
(a-1) Annually, on or before November 15 until November 15, | ||
2011, the Board shall certify to the
Governor the amount of the | ||
required State contribution for the coming fiscal
year. The | ||
certification under this subsection (a-1) shall include a copy | ||
of the actuarial recommendations
upon which it is based and | ||
shall specifically identify the System's projected State | ||
normal cost for that fiscal year.
| ||
On or before May 1, 2004, the Board shall recalculate and | ||
recertify to
the Governor the amount of the required State | ||
contribution to the System for
State fiscal year 2005, taking | ||
into account the amounts appropriated to and
received by the | ||
System under subsection (d) of Section 7.2 of the General
| ||
Obligation Bond Act.
| ||
On or before July 1, 2005, the Board shall recalculate and | ||
recertify
to the Governor the amount of the required State
| ||
contribution to the System for State fiscal year 2006, taking | ||
into account the changes in required State contributions made | ||
by Public Act 94-4 this amendatory Act of the 94th General | ||
Assembly .
| ||
On or before April 1, 2011, the Board shall recalculate and | ||
recertify to the Governor the amount of the required State | ||
contribution to the System for State fiscal year 2011, applying | ||
the changes made by Public Act 96-889 to the System's assets | ||
and liabilities as of June 30, 2009 as though Public Act 96-889 | ||
was approved on that date. | ||
(a-5) On or before November 1 of each year, beginning |
November 1, 2012, the Board shall submit to the State Actuary, | ||
the Governor, and the General Assembly a proposed certification | ||
of the amount of the required State contribution to the System | ||
for the next fiscal year, along with all of the actuarial | ||
assumptions, calculations, and data upon which that proposed | ||
certification is based. On or before January 1 of each year, | ||
beginning January 1, 2013, the State Actuary shall issue a | ||
preliminary report concerning the proposed certification and | ||
identifying, if necessary, recommended changes in actuarial | ||
assumptions that the Board must consider before finalizing its | ||
certification of the required State contributions. On or before | ||
January 15, 2013 and each January 15 thereafter, the Board | ||
shall certify to the Governor and the General Assembly the | ||
amount of the required State contribution for the next fiscal | ||
year. The Board's certification must note any deviations from | ||
the State Actuary's recommended changes, the reason or reasons | ||
for not following the State Actuary's recommended changes, and | ||
the fiscal impact of not following the State Actuary's | ||
recommended changes on the required State contribution. | ||
(a-10) By November 1, 2017, the Board shall recalculate and | ||
recertify to the State Actuary, the Governor, and the General | ||
Assembly the amount of the State contribution to the System for | ||
State fiscal year 2018, taking into account the changes in | ||
required State contributions made by Public Act 100-23 this | ||
amendatory Act of the 100th General Assembly . The State Actuary | ||
shall review the assumptions and valuations underlying the |
Board's revised certification and issue a preliminary report | ||
concerning the proposed recertification and identifying, if | ||
necessary, recommended changes in actuarial assumptions that | ||
the Board must consider before finalizing its certification of | ||
the required State contributions. The Board's final | ||
certification must note any deviations from the State Actuary's | ||
recommended changes, the reason or reasons for not following | ||
the State Actuary's recommended changes, and the fiscal impact | ||
of not following the State Actuary's recommended changes on the | ||
required State contribution. | ||
(b) Through State fiscal year 1995, the State contributions | ||
shall be
paid to the System in accordance with Section 18-7 of | ||
the School Code.
| ||
(b-1) Beginning in State fiscal year 1996, on the 15th day | ||
of each month,
or as soon thereafter as may be practicable, the | ||
Board shall submit vouchers
for payment of State contributions | ||
to the System, in a total monthly amount of
one-twelfth of the | ||
required annual State contribution certified under
subsection | ||
(a-1).
From March 5, 2004 ( the
effective date of Public Act | ||
93-665) this amendatory Act of the 93rd General Assembly
| ||
through June 30, 2004, the Board shall not submit vouchers for | ||
the
remainder of fiscal year 2004 in excess of the fiscal year | ||
2004
certified contribution amount determined under this | ||
Section
after taking into consideration the transfer to the | ||
System
under subsection (a) of Section 6z-61 of the State | ||
Finance Act.
These vouchers shall be paid by the State |
Comptroller and
Treasurer by warrants drawn on the funds | ||
appropriated to the System for that
fiscal year.
| ||
If in any month the amount remaining unexpended from all | ||
other appropriations
to the System for the applicable fiscal | ||
year (including the appropriations to
the System under Section | ||
8.12 of the State Finance Act and Section 1 of the
State | ||
Pension Funds Continuing Appropriation Act) is less than the | ||
amount
lawfully vouchered under this subsection, the | ||
difference shall be paid from the
Common School Fund under the | ||
continuing appropriation authority provided in
Section 1.1 of | ||
the State Pension Funds Continuing Appropriation Act.
| ||
(b-2) Allocations from the Common School Fund apportioned | ||
to school
districts not coming under this System shall not be | ||
diminished or affected by
the provisions of this Article.
| ||
(b-3) For State fiscal years 2012 through 2045, the minimum | ||
contribution
to the System to be made by the State for each | ||
fiscal year shall be an amount
determined by the System to be | ||
sufficient to bring the total assets of the
System up to 90% of | ||
the total actuarial liabilities of the System by the end of
| ||
State fiscal year 2045. In making these determinations, the | ||
required State
contribution shall be calculated each year as a | ||
level percentage of payroll
over the years remaining to and | ||
including fiscal year 2045 and shall be
determined under the | ||
projected unit credit actuarial cost method.
| ||
For each of State fiscal years 2018, 2019, and 2020, the | ||
State shall make an additional contribution to the System equal |
to 2% of the total payroll of each employee who is deemed to | ||
have elected the benefits under Section 1-161 or who has made | ||
the election under subsection (c) of Section 1-161. | ||
A change in an actuarial or investment assumption that | ||
increases or
decreases the required State contribution and | ||
first
applies in State fiscal year 2018 or thereafter shall be
| ||
implemented in equal annual amounts over a 5-year period
| ||
beginning in the State fiscal year in which the actuarial
| ||
change first applies to the required State contribution. | ||
A change in an actuarial or investment assumption that | ||
increases or
decreases the required State contribution and | ||
first
applied to the State contribution in fiscal year 2014, | ||
2015, 2016, or 2017 shall be
implemented: | ||
(i) as already applied in State fiscal years before | ||
2018; and | ||
(ii) in the portion of the 5-year period beginning in | ||
the State fiscal year in which the actuarial
change first | ||
applied that occurs in State fiscal year 2018 or | ||
thereafter, by calculating the change in equal annual | ||
amounts over that 5-year period and then implementing it at | ||
the resulting annual rate in each of the remaining fiscal | ||
years in that 5-year period. | ||
For State fiscal years 1996 through 2005, the State | ||
contribution to the
System, as a percentage of the applicable | ||
employee payroll, shall be increased
in equal annual increments | ||
so that by State fiscal year 2011, the State is
contributing at |
the rate required under this Section; except that in the
| ||
following specified State fiscal years, the State contribution | ||
to the System
shall not be less than the following indicated | ||
percentages of the applicable
employee payroll, even if the | ||
indicated percentage will produce a State
contribution in | ||
excess of the amount otherwise required under this subsection
| ||
and subsection (a), and notwithstanding any contrary | ||
certification made under
subsection (a-1) before May 27, 1998 | ||
( the effective date of Public Act 90-582) this amendatory Act | ||
of 1998 :
10.02% in FY 1999;
10.77% in FY 2000;
11.47% in FY | ||
2001;
12.16% in FY 2002;
12.86% in FY 2003; and
13.56% in FY | ||
2004.
| ||
Notwithstanding any other provision of this Article, the | ||
total required State
contribution for State fiscal year 2006 is | ||
$534,627,700.
| ||
Notwithstanding any other provision of this Article, the | ||
total required State
contribution for State fiscal year 2007 is | ||
$738,014,500.
| ||
For each of State fiscal years 2008 through 2009, the State | ||
contribution to
the System, as a percentage of the applicable | ||
employee payroll, shall be
increased in equal annual increments | ||
from the required State contribution for State fiscal year | ||
2007, so that by State fiscal year 2011, the
State is | ||
contributing at the rate otherwise required under this Section.
| ||
Notwithstanding any other provision of this Article, the | ||
total required State contribution for State fiscal year 2010 is |
$2,089,268,000 and shall be made from the proceeds of bonds | ||
sold in fiscal year 2010 pursuant to Section 7.2 of the General | ||
Obligation Bond Act, less (i) the pro rata share of bond sale | ||
expenses determined by the System's share of total bond | ||
proceeds, (ii) any amounts received from the Common School Fund | ||
in fiscal year 2010, and (iii) any reduction in bond proceeds | ||
due to the issuance of discounted bonds, if applicable. | ||
Notwithstanding any other provision of this Article, the
| ||
total required State contribution for State fiscal year 2011 is
| ||
the amount recertified by the System on or before April 1, 2011 | ||
pursuant to subsection (a-1) of this Section and shall be made | ||
from the proceeds of bonds
sold in fiscal year 2011 pursuant to | ||
Section 7.2 of the General
Obligation Bond Act, less (i) the | ||
pro rata share of bond sale
expenses determined by the System's | ||
share of total bond
proceeds, (ii) any amounts received from | ||
the Common School Fund
in fiscal year 2011, and (iii) any | ||
reduction in bond proceeds
due to the issuance of discounted | ||
bonds, if applicable. This amount shall include, in addition to | ||
the amount certified by the System, an amount necessary to meet | ||
employer contributions required by the State as an employer | ||
under paragraph (e) of this Section, which may also be used by | ||
the System for contributions required by paragraph (a) of | ||
Section 16-127. | ||
Beginning in State fiscal year 2046, the minimum State | ||
contribution for
each fiscal year shall be the amount needed to | ||
maintain the total assets of
the System at 90% of the total |
actuarial liabilities of the System.
| ||
Amounts received by the System pursuant to Section 25 of | ||
the Budget Stabilization Act or Section 8.12 of the State | ||
Finance Act in any fiscal year do not reduce and do not | ||
constitute payment of any portion of the minimum State | ||
contribution required under this Article in that fiscal year. | ||
Such amounts shall not reduce, and shall not be included in the | ||
calculation of, the required State contributions under this | ||
Article in any future year until the System has reached a | ||
funding ratio of at least 90%. A reference in this Article to | ||
the "required State contribution" or any substantially similar | ||
term does not include or apply to any amounts payable to the | ||
System under Section 25 of the Budget Stabilization Act. | ||
Notwithstanding any other provision of this Section, the | ||
required State
contribution for State fiscal year 2005 and for | ||
fiscal year 2008 and each fiscal year thereafter, as
calculated | ||
under this Section and
certified under subsection (a-1), shall | ||
not exceed an amount equal to (i) the
amount of the required | ||
State contribution that would have been calculated under
this | ||
Section for that fiscal year if the System had not received any | ||
payments
under subsection (d) of Section 7.2 of the General | ||
Obligation Bond Act, minus
(ii) the portion of the State's | ||
total debt service payments for that fiscal
year on the bonds | ||
issued in fiscal year 2003 for the purposes of that Section | ||
7.2, as determined
and certified by the Comptroller, that is | ||
the same as the System's portion of
the total moneys |
distributed under subsection (d) of Section 7.2 of the General
| ||
Obligation Bond Act. In determining this maximum for State | ||
fiscal years 2008 through 2010, however, the amount referred to | ||
in item (i) shall be increased, as a percentage of the | ||
applicable employee payroll, in equal increments calculated | ||
from the sum of the required State contribution for State | ||
fiscal year 2007 plus the applicable portion of the State's | ||
total debt service payments for fiscal year 2007 on the bonds | ||
issued in fiscal year 2003 for the purposes of Section 7.2 of | ||
the General
Obligation Bond Act, so that, by State fiscal year | ||
2011, the
State is contributing at the rate otherwise required | ||
under this Section.
| ||
(b-4) Beginning in fiscal year 2018, each employer under | ||
this Article shall pay to the System a required contribution | ||
determined as a percentage of projected payroll and sufficient | ||
to produce an annual amount equal to: | ||
(i) for each of fiscal years 2018, 2019, and 2020, the | ||
defined benefit normal cost of the defined benefit plan, | ||
less the employee contribution, for each employee of that | ||
employer who has elected or who is deemed to have elected | ||
the benefits under Section 1-161 or who has made the | ||
election under subsection (b) of Section 1-161; for fiscal | ||
year 2021 and each fiscal year thereafter, the defined | ||
benefit normal cost of the defined benefit plan, less the | ||
employee contribution, plus 2%, for each employee of that | ||
employer who has elected or who is deemed to have elected |
the benefits under Section 1-161 or who has made the | ||
election under subsection (b) of Section 1-161; plus | ||
(ii) the amount required for that fiscal year to | ||
amortize any unfunded actuarial accrued liability | ||
associated with the present value of liabilities | ||
attributable to the employer's account under Section | ||
16-158.3, determined
as a level percentage of payroll over | ||
a 30-year rolling amortization period. | ||
In determining contributions required under item (i) of | ||
this subsection, the System shall determine an aggregate rate | ||
for all employers, expressed as a percentage of projected | ||
payroll. | ||
In determining the contributions required under item (ii) | ||
of this subsection, the amount shall be computed by the System | ||
on the basis of the actuarial assumptions and tables used in | ||
the most recent actuarial valuation of the System that is | ||
available at the time of the computation. | ||
The contributions required under this subsection (b-4) | ||
shall be paid by an employer concurrently with that employer's | ||
payroll payment period. The State, as the actual employer of an | ||
employee, shall make the required contributions under this | ||
subsection. | ||
(c) Payment of the required State contributions and of all | ||
pensions,
retirement annuities, death benefits, refunds, and | ||
other benefits granted
under or assumed by this System, and all | ||
expenses in connection with the
administration and operation |
thereof, are obligations of the State.
| ||
If members are paid from special trust or federal funds | ||
which are
administered by the employing unit, whether school | ||
district or other
unit, the employing unit shall pay to the | ||
System from such
funds the full accruing retirement costs based | ||
upon that
service, which, beginning July 1, 2017, shall be at a | ||
rate, expressed as a percentage of salary, equal to the total | ||
employer's normal cost, expressed as a percentage of payroll, | ||
as determined by the System. Employer contributions, based on
| ||
salary paid to members from federal funds, may be forwarded by | ||
the distributing
agency of the State of Illinois to the System | ||
prior to allocation, in an
amount determined in accordance with | ||
guidelines established by such
agency and the System. Any | ||
contribution for fiscal year 2015 collected as a result of the | ||
change made by Public Act 98-674 this amendatory Act of the | ||
98th General Assembly shall be considered a State contribution | ||
under subsection (b-3) of this Section.
| ||
(d) Effective July 1, 1986, any employer of a teacher as | ||
defined in
paragraph (8) of Section 16-106 shall pay the | ||
employer's normal cost
of benefits based upon the teacher's | ||
service, in addition to
employee contributions, as determined | ||
by the System. Such employer
contributions shall be forwarded | ||
monthly in accordance with guidelines
established by the | ||
System.
| ||
However, with respect to benefits granted under Section | ||
16-133.4 or
16-133.5 to a teacher as defined in paragraph (8) |
of Section 16-106, the
employer's contribution shall be 12% | ||
(rather than 20%) of the member's
highest annual salary rate | ||
for each year of creditable service granted, and
the employer | ||
shall also pay the required employee contribution on behalf of
| ||
the teacher. For the purposes of Sections 16-133.4 and | ||
16-133.5, a teacher
as defined in paragraph (8) of Section | ||
16-106 who is serving in that capacity
while on leave of | ||
absence from another employer under this Article shall not
be | ||
considered an employee of the employer from which the teacher | ||
is on leave.
| ||
(e) Beginning July 1, 1998, every employer of a teacher
| ||
shall pay to the System an employer contribution computed as | ||
follows:
| ||
(1) Beginning July 1, 1998 through June 30, 1999, the | ||
employer
contribution shall be equal to 0.3% of each | ||
teacher's salary.
| ||
(2) Beginning July 1, 1999 and thereafter, the employer
| ||
contribution shall be equal to 0.58% of each teacher's | ||
salary.
| ||
The school district or other employing unit may pay these | ||
employer
contributions out of any source of funding available | ||
for that purpose and
shall forward the contributions to the | ||
System on the schedule established
for the payment of member | ||
contributions.
| ||
These employer contributions are intended to offset a | ||
portion of the cost
to the System of the increases in |
retirement benefits resulting from Public Act 90-582 this
| ||
amendatory Act of 1998 .
| ||
Each employer of teachers is entitled to a credit against | ||
the contributions
required under this subsection (e) with | ||
respect to salaries paid to teachers
for the period January 1, | ||
2002 through June 30, 2003, equal to the amount paid
by that | ||
employer under subsection (a-5) of Section 6.6 of the State | ||
Employees
Group Insurance Act of 1971 with respect to salaries | ||
paid to teachers for that
period.
| ||
The additional 1% employee contribution required under | ||
Section 16-152 by Public Act 90-582
this amendatory Act of 1998 | ||
is the responsibility of the teacher and not the
teacher's | ||
employer, unless the employer agrees, through collective | ||
bargaining
or otherwise, to make the contribution on behalf of | ||
the teacher.
| ||
If an employer is required by a contract in effect on May | ||
1, 1998 between the
employer and an employee organization to | ||
pay, on behalf of all its full-time
employees
covered by this | ||
Article, all mandatory employee contributions required under
| ||
this Article, then the employer shall be excused from paying | ||
the employer
contribution required under this subsection (e) | ||
for the balance of the term
of that contract. The employer and | ||
the employee organization shall jointly
certify to the System | ||
the existence of the contractual requirement, in such
form as | ||
the System may prescribe. This exclusion shall cease upon the
| ||
termination, extension, or renewal of the contract at any time |
after May 1,
1998.
| ||
(f) If the amount of a teacher's salary for any school year | ||
used to determine final average salary exceeds the member's | ||
annual full-time salary rate with the same employer for the | ||
previous school year by more than 6%, the teacher's employer | ||
shall pay to the System, in addition to all other payments | ||
required under this Section and in accordance with guidelines | ||
established by the System, the present value of the increase in | ||
benefits resulting from the portion of the increase in salary | ||
that is in excess of 6%. This present value shall be computed | ||
by the System on the basis of the actuarial assumptions and | ||
tables used in the most recent actuarial valuation of the | ||
System that is available at the time of the computation. If a | ||
teacher's salary for the 2005-2006 school year is used to | ||
determine final average salary under this subsection (f), then | ||
the changes made to this subsection (f) by Public Act 94-1057 | ||
shall apply in calculating whether the increase in his or her | ||
salary is in excess of 6%. For the purposes of this Section, | ||
change in employment under Section 10-21.12 of the School Code | ||
on or after June 1, 2005 shall constitute a change in employer. | ||
The System may require the employer to provide any pertinent | ||
information or documentation.
The changes made to this | ||
subsection (f) by Public Act 94-1111 this amendatory Act of the | ||
94th General Assembly apply without regard to whether the | ||
teacher was in service on or after its effective date.
| ||
Whenever it determines that a payment is or may be required |
under this subsection, the System shall calculate the amount of | ||
the payment and bill the employer for that amount. The bill | ||
shall specify the calculations used to determine the amount | ||
due. If the employer disputes the amount of the bill, it may, | ||
within 30 days after receipt of the bill, apply to the System | ||
in writing for a recalculation. The application must specify in | ||
detail the grounds of the dispute and, if the employer asserts | ||
that the calculation is subject to subsection (g) or (h) of | ||
this Section, must include an affidavit setting forth and | ||
attesting to all facts within the employer's knowledge that are | ||
pertinent to the applicability of that subsection. Upon | ||
receiving a timely application for recalculation, the System | ||
shall review the application and, if appropriate, recalculate | ||
the amount due.
| ||
The employer contributions required under this subsection | ||
(f) may be paid in the form of a lump sum within 90 days after | ||
receipt of the bill. If the employer contributions are not paid | ||
within 90 days after receipt of the bill, then interest will be | ||
charged at a rate equal to the System's annual actuarially | ||
assumed rate of return on investment compounded annually from | ||
the 91st day after receipt of the bill. Payments must be | ||
concluded within 3 years after the employer's receipt of the | ||
bill.
| ||
(g) This subsection (g) applies only to payments made or | ||
salary increases given on or after June 1, 2005 but before July | ||
1, 2011. The changes made by Public Act 94-1057 shall not |
require the System to refund any payments received before
July | ||
31, 2006 (the effective date of Public Act 94-1057). | ||
When assessing payment for any amount due under subsection | ||
(f), the System shall exclude salary increases paid to teachers | ||
under contracts or collective bargaining agreements entered | ||
into, amended, or renewed before June 1, 2005.
| ||
When assessing payment for any amount due under subsection | ||
(f), the System shall exclude salary increases paid to a | ||
teacher at a time when the teacher is 10 or more years from | ||
retirement eligibility under Section 16-132 or 16-133.2.
| ||
When assessing payment for any amount due under subsection | ||
(f), the System shall exclude salary increases resulting from | ||
overload work, including summer school, when the school | ||
district has certified to the System, and the System has | ||
approved the certification, that (i) the overload work is for | ||
the sole purpose of classroom instruction in excess of the | ||
standard number of classes for a full-time teacher in a school | ||
district during a school year and (ii) the salary increases are | ||
equal to or less than the rate of pay for classroom instruction | ||
computed on the teacher's current salary and work schedule.
| ||
When assessing payment for any amount due under subsection | ||
(f), the System shall exclude a salary increase resulting from | ||
a promotion (i) for which the employee is required to hold a | ||
certificate or supervisory endorsement issued by the State | ||
Teacher Certification Board that is a different certification | ||
or supervisory endorsement than is required for the teacher's |
previous position and (ii) to a position that has existed and | ||
been filled by a member for no less than one complete academic | ||
year and the salary increase from the promotion is an increase | ||
that results in an amount no greater than the lesser of the | ||
average salary paid for other similar positions in the district | ||
requiring the same certification or the amount stipulated in | ||
the collective bargaining agreement for a similar position | ||
requiring the same certification.
| ||
When assessing payment for any amount due under subsection | ||
(f), the System shall exclude any payment to the teacher from | ||
the State of Illinois or the State Board of Education over | ||
which the employer does not have discretion, notwithstanding | ||
that the payment is included in the computation of final | ||
average salary.
| ||
(h) When assessing payment for any amount due under | ||
subsection (f), the System shall exclude any salary increase | ||
described in subsection (g) of this Section given on or after | ||
July 1, 2011 but before July 1, 2014 under a contract or | ||
collective bargaining agreement entered into, amended, or | ||
renewed on or after June 1, 2005 but before July 1, 2011. | ||
Notwithstanding any other provision of this Section, any | ||
payments made or salary increases given after June 30, 2014 | ||
shall be used in assessing payment for any amount due under | ||
subsection (f) of this Section.
| ||
(i) The System shall prepare a report and file copies of | ||
the report with the Governor and the General Assembly by |
January 1, 2007 that contains all of the following information: | ||
(1) The number of recalculations required by the | ||
changes made to this Section by Public Act 94-1057 for each | ||
employer. | ||
(2) The dollar amount by which each employer's | ||
contribution to the System was changed due to | ||
recalculations required by Public Act 94-1057. | ||
(3) The total amount the System received from each | ||
employer as a result of the changes made to this Section by | ||
Public Act 94-4. | ||
(4) The increase in the required State contribution | ||
resulting from the changes made to this Section by Public | ||
Act 94-1057.
| ||
(i-5) For school years beginning on or after July 1, 2017, | ||
if the amount of a participant's salary for any school year, | ||
determined on a full-time equivalent basis, exceeds the amount | ||
of the salary set for the Governor, the participant's employer | ||
shall pay to the System, in addition to all other payments | ||
required under this Section and in accordance with guidelines | ||
established by the System, an amount determined by the System | ||
to be equal to the employer normal cost, as established by the | ||
System and expressed as a total percentage of payroll, | ||
multiplied by the amount of salary in excess of the amount of | ||
the salary set for the Governor. This amount shall be computed | ||
by the System on the basis of the actuarial assumptions and | ||
tables used in the most recent actuarial valuation of the |
System that is available at the time of the computation. The | ||
System may require the employer to provide any pertinent | ||
information or documentation. | ||
Whenever it determines that a payment is or may be required | ||
under this subsection, the System shall calculate the amount of | ||
the payment and bill the employer for that amount. The bill | ||
shall specify the calculations used to determine the amount | ||
due. If the employer disputes the amount of the bill, it may, | ||
within 30 days after receipt of the bill, apply to the System | ||
in writing for a recalculation. The application must specify in | ||
detail the grounds of the dispute. Upon receiving a timely | ||
application for recalculation, the System shall review the | ||
application and, if appropriate, recalculate the amount due. | ||
The employer contributions required under this subsection | ||
may be paid in the form of a lump sum within 90 days after | ||
receipt of the bill. If the employer contributions are not paid | ||
within 90 days after receipt of the bill, then interest will be | ||
charged at a rate equal to the System's annual actuarially | ||
assumed rate of return on investment compounded annually from | ||
the 91st day after receipt of the bill. Payments must be | ||
concluded within 3 years after the employer's receipt of the | ||
bill. | ||
(j) For purposes of determining the required State | ||
contribution to the System, the value of the System's assets | ||
shall be equal to the actuarial value of the System's assets, | ||
which shall be calculated as follows: |
As of June 30, 2008, the actuarial value of the System's | ||
assets shall be equal to the market value of the assets as of | ||
that date. In determining the actuarial value of the System's | ||
assets for fiscal years after June 30, 2008, any actuarial | ||
gains or losses from investment return incurred in a fiscal | ||
year shall be recognized in equal annual amounts over the | ||
5-year period following that fiscal year. | ||
(k) For purposes of determining the required State | ||
contribution to the system for a particular year, the actuarial | ||
value of assets shall be assumed to earn a rate of return equal | ||
to the system's actuarially assumed rate of return. | ||
(Source: P.A. 100-23, eff. 7-6-17; 100-340, eff. 8-25-17; | ||
revised 9-25-17.)
| ||
Section 240. The Property Assessed Clean Energy Act is | ||
amended by changing Section 15 as follows: | ||
(50 ILCS 50/15)
| ||
Sec. 15. Program established. | ||
(a) To establish a property assessed clean energy program, | ||
the governing body of a local unit of government shall adopt a | ||
resolution or ordinance that includes all of the following: | ||
(1) a finding that the financing of energy projects is | ||
a valid
public purpose; | ||
(2) a statement of intent to facilitate access to | ||
capital from a program administrator to provide funds for |
energy projects,
which will be repaid by assessments on the | ||
property benefited with the agreement of the record owners; | ||
(3) a description of the proposed arrangements for | ||
financing
the program through a program administrator; | ||
(4) the types of energy projects that may be financed; | ||
(5) a description of the territory within the PACE | ||
area; | ||
(6) reference to a report on the proposed program as | ||
described
in Section 20; and | ||
(7) the time and place for any public hearing required | ||
for the adoption of the proposed
program by resolution or | ||
ordinance; | ||
(8) matters required by Section 20 to be included in | ||
the report; for this purpose, the resolution or ordinance | ||
may incorporate the report or an
amended version thereof by | ||
reference; and | ||
(9) a description of which aspects of the program may | ||
be
amended without a new public hearing and which aspects | ||
may be
amended only after a new public hearing is held. | ||
(b) A property assessed clean energy program may be amended | ||
by
resolution or ordinance of the governing body. Adoption of | ||
the resolution or ordinance shall be preceded by a public
| ||
hearing if required.
| ||
(Source: P.A. 100-77, eff. 8-11-17; revised 10-3-17.) | ||
Section 245. The Illinois Police Training Act is amended by |
changing Section 7 as follows:
| ||
(50 ILCS 705/7) (from Ch. 85, par. 507)
| ||
Sec. 7. Rules and standards for schools. The Board shall | ||
adopt rules and
minimum standards for such schools which shall | ||
include , but not be limited to ,
the following:
| ||
a. The curriculum for probationary police officers | ||
which shall be
offered by all certified schools shall | ||
include , but not be limited to ,
courses of procedural | ||
justice, arrest and use and control tactics, search and | ||
seizure, including temporary questioning, civil rights, | ||
human rights, human relations,
cultural competency, | ||
including implicit bias and racial and ethnic sensitivity,
| ||
criminal law, law of criminal procedure, constitutional | ||
and proper use of law enforcement authority, vehicle and | ||
traffic law including
uniform and non-discriminatory | ||
enforcement of the Illinois Vehicle Code,
traffic control | ||
and accident investigation, techniques of obtaining
| ||
physical evidence, court testimonies, statements, reports, | ||
firearms
training, training in the use of electronic | ||
control devices, including the psychological and | ||
physiological effects of the use of those devices on | ||
humans, first-aid (including cardiopulmonary | ||
resuscitation), training in the administration of opioid | ||
antagonists as defined in paragraph (1) of subsection (e) | ||
of Section 5-23 of the Alcoholism and Other Drug Abuse and |
Dependency Act, handling of
juvenile offenders, | ||
recognition of
mental conditions and crises, including, | ||
but not limited to, the disease of addiction, which require | ||
immediate assistance and response and methods to
safeguard | ||
and provide assistance to a person in need of mental
| ||
treatment, recognition of abuse, neglect, financial | ||
exploitation, and self-neglect of adults with disabilities | ||
and older adults, as defined in Section 2 of the Adult | ||
Protective Services Act, crimes against the elderly, law of | ||
evidence, the hazards of high-speed police vehicle
chases | ||
with an emphasis on alternatives to the high-speed chase, | ||
and
physical training. The curriculum shall include | ||
specific training in
techniques for immediate response to | ||
and investigation of cases of domestic
violence and of | ||
sexual assault of adults and children, including cultural | ||
perceptions and common myths of sexual assault and sexual | ||
abuse as well as interview techniques that are trauma | ||
informed, victim centered, and victim sensitive. The | ||
curriculum shall include
training in techniques designed | ||
to promote effective
communication at the initial contact | ||
with crime victims and ways to comprehensively
explain to | ||
victims and witnesses their rights under the Rights
of | ||
Crime Victims and Witnesses Act and the Crime
Victims | ||
Compensation Act. The curriculum shall also include | ||
training in effective recognition of and responses to | ||
stress, trauma, and post-traumatic stress experienced by |
police officers. The curriculum shall also include a block | ||
of instruction aimed at identifying and interacting with | ||
persons with autism and other developmental or physical | ||
disabilities, reducing barriers to reporting crimes | ||
against persons with autism, and addressing the unique | ||
challenges presented by cases involving victims or | ||
witnesses with autism and other developmental | ||
disabilities. The curriculum for
permanent police officers | ||
shall include , but not be limited to : (1) refresher
and | ||
in-service training in any of the courses listed above in | ||
this
subparagraph, (2) advanced courses in any of the | ||
subjects listed above in
this subparagraph, (3) training | ||
for supervisory personnel, and (4)
specialized training in | ||
subjects and fields to be selected by the board. The | ||
training in the use of electronic control devices shall be | ||
conducted for probationary police officers, including | ||
University police officers.
| ||
b. Minimum courses of study, attendance requirements | ||
and equipment
requirements.
| ||
c. Minimum requirements for instructors.
| ||
d. Minimum basic training requirements, which a | ||
probationary police
officer must satisfactorily complete | ||
before being eligible for permanent
employment as a local | ||
law enforcement officer for a participating local
| ||
governmental agency. Those requirements shall include | ||
training in first aid
(including cardiopulmonary |
resuscitation).
| ||
e. Minimum basic training requirements, which a | ||
probationary county
corrections officer must | ||
satisfactorily complete before being eligible for
| ||
permanent employment as a county corrections officer for a | ||
participating
local governmental agency.
| ||
f. Minimum basic training requirements which a | ||
probationary court
security officer must satisfactorily | ||
complete before being eligible for
permanent employment as | ||
a court security officer for a participating local
| ||
governmental agency. The Board shall
establish those | ||
training requirements which it considers appropriate for | ||
court
security officers and shall certify schools to | ||
conduct that training.
| ||
A person hired to serve as a court security officer | ||
must obtain from the
Board a certificate (i) attesting to | ||
his or her successful completion of the
training course; | ||
(ii) attesting to his or her satisfactory
completion of a | ||
training program of similar content and number of hours | ||
that
has been found acceptable by the Board under the | ||
provisions of this Act; or
(iii) attesting to the Board's | ||
determination that the training
course is unnecessary | ||
because of the person's extensive prior law enforcement
| ||
experience.
| ||
Individuals who currently serve as court security | ||
officers shall be deemed
qualified to continue to serve in |
that capacity so long as they are certified
as provided by | ||
this Act within 24 months of June 1, 1997 (the effective | ||
date of Public Act 89-685). Failure to be so certified, | ||
absent a waiver from the
Board, shall cause the officer to | ||
forfeit his or her position.
| ||
All individuals hired as court security officers on or | ||
after June 1, 1997 ( the effective
date of Public Act | ||
89-685) this amendatory Act of 1996 shall be certified | ||
within 12 months of the
date of their hire, unless a waiver | ||
has been obtained by the Board, or they
shall forfeit their | ||
positions.
| ||
The Sheriff's Merit Commission, if one exists, or the | ||
Sheriff's Office if
there is no Sheriff's Merit Commission, | ||
shall maintain a list of all
individuals who have filed | ||
applications to become court security officers and
who meet | ||
the eligibility requirements established under this Act. | ||
Either
the Sheriff's Merit Commission, or the Sheriff's | ||
Office if no Sheriff's Merit
Commission exists, shall | ||
establish a schedule of reasonable intervals for
| ||
verification of the applicants' qualifications under
this | ||
Act and as established by the Board.
| ||
g. Minimum in-service training requirements, which a | ||
police officer must satisfactorily complete every 3 years. | ||
Those requirements shall include constitutional and proper | ||
use of law enforcement authority, procedural justice, | ||
civil rights, human rights, mental health awareness and |
response, and cultural competency. | ||
h. Minimum in-service training requirements, which a | ||
police officer must satisfactorily complete at least | ||
annually. Those requirements shall include law updates and | ||
use of force training which shall include scenario based | ||
training, or similar training approved by the Board. | ||
(Source: P.A. 99-352, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642, | ||
eff. 7-28-16; 99-801, eff. 1-1-17; 100-121, eff. 1-1-18; | ||
100-247, eff. 1-1-18; revised 10-3-17.)
| ||
Section 250. The Counties Code is amended by changing | ||
Sections 4-5001 and 5-1069.3 as follows:
| ||
(55 ILCS 5/4-5001) (from Ch. 34, par. 4-5001)
| ||
Sec. 4-5001. Sheriffs; counties of first and second class. | ||
The fees of
sheriffs in counties of the first and second class, | ||
except when increased
by county ordinance under this Section, | ||
shall be as follows:
| ||
For serving or attempting to serve summons on each | ||
defendant
in each county, $10.
| ||
For serving or attempting to serve an order or judgment | ||
granting injunctive
injunctional relief in each county, $10.
| ||
For serving or attempting to serve each garnishee in each | ||
county, $10.
| ||
For serving or attempting to serve an order for replevin in | ||
each county,
$10.
|
For serving or attempting to serve an order for attachment | ||
on each
defendant in each county, $10.
| ||
For serving or attempting to serve a warrant of arrest, $8, | ||
to be paid
upon conviction.
| ||
For returning a defendant from outside the State of | ||
Illinois, upon
conviction, the court shall assess, as court | ||
costs, the cost of returning a
defendant to the jurisdiction.
| ||
For taking special bail, $1 in each county.
| ||
For serving or attempting to serve a subpoena on each
| ||
witness, in each county, $10.
| ||
For advertising property for sale, $5.
| ||
For returning each process, in each county, $5.
| ||
Mileage for each mile of necessary travel to serve any such
| ||
process as Stated above, calculating from the place of holding | ||
court to
the place of residence of the defendant, or witness, | ||
50¢ each way.
| ||
For summoning each juror, $3 with 30¢ mileage each way in | ||
all counties.
| ||
For serving or attempting to serve notice of judgments or | ||
levying to
enforce a judgment, $3 with 50¢ mileage each way in | ||
all counties.
| ||
For taking possession of and removing property levied on, | ||
the officer
shall be allowed to tax the actual cost of such | ||
possession or removal.
| ||
For feeding each prisoner, such compensation to cover the | ||
actual cost
as may be fixed by the county board, but such |
compensation shall not be
considered a part of the fees of the | ||
office.
| ||
For attending before a court with prisoner, on an order for | ||
habeas
corpus, in each county, $10 per day.
| ||
For attending before a court with a prisoner in any | ||
criminal
proceeding, in each county, $10 per day.
| ||
For each mile of necessary travel in taking such prisoner | ||
before the
court as stated Stated above, 15¢ a mile each way.
| ||
For serving or attempting to serve an order or judgment for | ||
the
possession of real estate in an action of ejectment or in | ||
any other action,
or for restitution in an eviction action | ||
without aid,
$10 and when aid is necessary, the sheriff shall | ||
be allowed to tax in
addition the actual costs thereof, and for | ||
each mile of necessary travel,
50¢ each way.
| ||
For executing and acknowledging a deed of sale of real | ||
estate, in
counties of first class, $4; second class, $4.
| ||
For preparing, executing and acknowledging a deed on | ||
redemption from
a court sale of real estate in counties of | ||
first class, $5; second
class, $5.
| ||
For making certificates of sale, and making and filing | ||
duplicate, in
counties of first class, $3; in counties of the | ||
second class, $3.
| ||
For making certificate of redemption, $3.
| ||
For certificate of levy and filing, $3, and the fee for | ||
recording
shall be advanced by the judgment creditor and | ||
charged as costs.
|
For taking all bonds on legal process, civil and criminal, | ||
in counties of
first class,
$1; in second class, $1.
| ||
For executing copies in criminal cases, $4 and mileage for | ||
each mile
of necessary travel, 20¢ each way.
| ||
For executing requisitions from other states States , $5.
| ||
For conveying each prisoner from the prisoner's own county | ||
to the jail
of another county, or from another county to the | ||
jail of the prisoner's county,
per mile, for going, only, 30¢.
| ||
For conveying persons to the penitentiary, reformatories, | ||
Illinois
State Training School for Boys, Illinois State | ||
Training School for Girls
and Reception Centers, the following | ||
fees, payable out of the State treasury
Treasury . For each | ||
person who is conveyed, 35¢ per mile in going only to
the | ||
penitentiary, reformatory, Illinois State Training School for | ||
Boys,
Illinois State Training School for Girls and Reception | ||
Centers, from the
place of conviction.
| ||
The fees provided for transporting persons to the | ||
penitentiary,
reformatories, Illinois State Training School | ||
for Boys, Illinois State
Training School for Girls and | ||
Reception Centers shall be paid for each
trip so made. Mileage | ||
as used in this Section means the shortest
practical route, | ||
between the place from which the person is to be
transported, | ||
to the penitentiary, reformatories, Illinois State Training
| ||
School for Boys, Illinois State Training School for Girls and | ||
Reception
Centers and all fees per mile shall be computed on | ||
such basis.
|
For conveying any person to or from any of the charitable
| ||
institutions of the State, when properly committed by competent
| ||
authority, when one person is conveyed, 35¢ per mile; when two | ||
persons
are conveyed at the same time, 35¢ per mile for the | ||
first person and 20¢
per mile for the second person; and 10¢ | ||
per mile for each additional person.
| ||
For conveying a person from the penitentiary to the county | ||
jail when
required by law, 35¢ per mile.
| ||
For attending Supreme Court, $10 per day.
| ||
In addition to the above fees there shall be allowed to the | ||
sheriff a fee
of $600 for the sale of real estate which is made | ||
by virtue of
any judgment of a court, except that in the case | ||
of a sale of unimproved
real estate which sells for $10,000 or | ||
less, the fee shall be $150.
In addition to this fee and all | ||
other fees provided by this Section, there
shall be allowed to | ||
the sheriff a fee in accordance with the following
schedule for | ||
the sale of personal estate which is made by virtue of any
| ||
judgment of a court:
| ||
For judgments up to $1,000, $75;
| ||
For judgments from $1,001 to $15,000, $150;
| ||
For judgments over $15,000, $300.
| ||
The foregoing fees allowed by this Section are the maximum | ||
fees that
may be collected from any officer, agency, department | ||
or other
instrumentality of the State. The county board may, | ||
however, by ordinance,
increase the fees allowed by this | ||
Section and collect those increased fees
from all persons and |
entities other than officers, agencies, departments
and other | ||
instrumentalities of the State if the increase is justified by | ||
an
acceptable cost study showing that the fees allowed by this | ||
Section are not
sufficient to cover the costs of providing the | ||
service. A statement of the
costs of providing each service, | ||
program and activity shall be prepared by
the county board. All | ||
supporting documents shall be public records and
subject to | ||
public examination and audit. All direct and indirect costs, as
| ||
defined in the United States Office of Management and Budget | ||
Circular A-87,
may be included in the determination of the | ||
costs of each service,
program and activity.
| ||
In all cases where the judgment is settled by the parties, | ||
replevied,
stopped by injunction or paid, or where the property | ||
levied upon is not
actually sold, the sheriff shall be allowed | ||
his fee for levying and
mileage, together with half the fee for | ||
all money collected by him which he
would be entitled to if the | ||
same was made by sale to enforce the judgment.
In no case shall | ||
the fee exceed the amount of money arising from the sale.
| ||
The fee requirements of this Section do not apply to police | ||
departments
or other law enforcement agencies. For the purposes | ||
of this Section, "law
enforcement agency" means an agency of | ||
the State or unit of local government
which is vested by law or | ||
ordinance with the duty to maintain public order
and to enforce | ||
criminal laws.
| ||
(Source: P.A. 100-173, eff. 1-1-18; revised 10-3-17.)
|
(55 ILCS 5/5-1069.3)
| ||
Sec. 5-1069.3. Required health benefits. If a county, | ||
including a home
rule
county, is a self-insurer for purposes of | ||
providing health insurance coverage
for its employees, the | ||
coverage shall include coverage for the post-mastectomy
care | ||
benefits required to be covered by a policy of accident and | ||
health
insurance under Section 356t and the coverage required | ||
under Sections 356g, 356g.5, 356g.5-1, 356u,
356w, 356x, | ||
356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, | ||
356z.14, 356z.15, 356z.22, and 356z.25 , and 356z.26 of
the | ||
Illinois Insurance Code. The coverage shall comply with | ||
Sections 155.22a, 355b, 356z.19, and 370c of
the Illinois | ||
Insurance Code. The requirement that health benefits be covered
| ||
as provided in this Section is an
exclusive power and function | ||
of the State and is a denial and limitation under
Article VII, | ||
Section 6, subsection (h) of the Illinois Constitution. A home
| ||
rule county to which this Section applies must comply with | ||
every provision of
this Section.
| ||
Rulemaking authority to implement Public Act 95-1045, if | ||
any, is conditioned on the rules being adopted in accordance | ||
with all provisions of the Illinois Administrative Procedure | ||
Act and all rules and procedures of the Joint Committee on | ||
Administrative Rules; any purported rule not so adopted, for | ||
whatever reason, is unauthorized. | ||
(Source: P.A. 99-480, eff. 9-9-15; 100-24, eff. 7-18-17; | ||
100-138, eff. 8-18-17; revised 10-5-17.) |
Section 255. The Illinois Municipal Code is amended by | ||
changing Sections 5-3-1, 8-11-1.6, 8-11-1.7, 10-2.1-4, 10-4-2, | ||
10-4-2.3, and 11-74.4-3.5 as follows:
| ||
(65 ILCS 5/5-3-1) (from Ch. 24, par. 5-3-1)
| ||
Sec. 5-3-1.
In cities which do not elect to choose aldermen | ||
from wards and
in cities which elect to choose councilmen as | ||
provided in Sections 5-2-18.1 through
thru 5-2-18.7, the mayor | ||
shall have the right to vote on all questions
coming before the | ||
council but shall have no power to veto. The mayor and
| ||
president shall be recognized as the official head of the city | ||
or village
by the courts for the purpose of serving civil | ||
process and by the Governor
for all legal purposes.
| ||
The mayor or president of any city or village which adopts | ||
this Article
5, other than one which at the time of adoption | ||
was operating under or
adopted the commission form of | ||
government as provided in Article 4 or
which does not retain | ||
the election of aldermen by wards or trustees by
districts, | ||
shall have veto power as provided in Sections 5-3-2 through
| ||
5-3-4, and ordinances or measures may be passed over his veto | ||
as therein
provided. Such mayor or president shall have the | ||
power to vote as provided
in Section 5-3-5.
| ||
If any other Acts or any Article of this Code, other than | ||
Article 3 or
Article 4, provides for the appointment of a | ||
board, commission , or other
agency by the mayor or president, |
such appointments shall be made in manner
so provided.
| ||
(Source: P.A. 76-1426; revised 10-3-17.)
| ||
(65 ILCS 5/8-11-1.6)
| ||
Sec. 8-11-1.6. Non-home rule municipal retailers | ||
occupation tax;
municipalities between 20,000 and 25,000. The
| ||
corporate
authorities of a non-home rule municipality with a | ||
population of more than
20,000 but less than 25,000 that has, | ||
prior to January 1, 1987, established a
Redevelopment Project | ||
Area that has been certified as a State Sales Tax
Boundary and | ||
has issued bonds or otherwise incurred indebtedness to pay for
| ||
costs in excess of $5,000,000, which is secured in part by a | ||
tax increment
allocation fund, in accordance with the | ||
provisions of Division 11-74.4 of this
Code may, by passage of | ||
an ordinance, impose a tax upon all persons engaged in
the | ||
business of selling tangible personal property, other than on | ||
an item of
tangible personal property that is titled and | ||
registered by an agency of this
State's Government, at retail | ||
in the municipality. This tax may not be
imposed on the sales | ||
of food for human consumption that is to be consumed off
the | ||
premises where it is sold (other than alcoholic beverages, soft | ||
drinks, and
food that has been prepared for immediate | ||
consumption) and prescription and
nonprescription medicines, | ||
drugs, medical appliances and insulin, urine testing
| ||
materials, syringes, and needles used by diabetics.
If imposed, | ||
the tax shall
only be imposed in .25% increments of the gross |
receipts from such sales made
in the course of business. Any | ||
tax imposed by a municipality under this Section
and all civil | ||
penalties that may be assessed as an incident thereof shall be
| ||
collected and enforced by the State Department of Revenue. An | ||
ordinance
imposing a tax hereunder or effecting a change in the | ||
rate
thereof shall be adopted and a certified copy thereof | ||
filed with the Department
on or before the first day of | ||
October, whereupon the Department shall proceed
to administer | ||
and enforce this Section as of the first day of January next
| ||
following such adoption and filing. The certificate of | ||
registration that is
issued by the Department to a retailer | ||
under the Retailers' Occupation Tax Act
shall permit the | ||
retailer to engage in a business that is taxable under any
| ||
ordinance or resolution enacted under this Section without | ||
registering
separately with the Department under the ordinance | ||
or resolution or under this
Section. The Department shall have | ||
full power to administer and enforce this
Section, to collect | ||
all taxes and penalties due hereunder, to dispose of taxes
and | ||
penalties so collected in the manner hereinafter provided, and | ||
to determine
all rights to credit memoranda, arising on account | ||
of the erroneous payment of
tax or penalty hereunder. In the | ||
administration of, and compliance with
this Section, the | ||
Department and persons who are subject to this Section shall
| ||
have the same rights, remedies, privileges, immunities, | ||
powers, and duties, and
be subject to the same conditions, | ||
restrictions, limitations, penalties, and
definitions of |
terms, and employ the same modes of procedure, as are | ||
prescribed
in Sections 1, 1a, 1a-1, 1d, 1e, 1f, 1i, 1j, 2 | ||
through 2-65 (in respect to all
provisions therein other than | ||
the State rate of tax), 2c, 3 (except as to the
disposition of | ||
taxes and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f,
| ||
5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12 | ||
and 13 of the
Retailers' Occupation Tax Act and Section 3-7 of | ||
the Uniform Penalty and
Interest Act as fully as if those | ||
provisions were set forth herein.
| ||
A tax may not be imposed by a municipality under this | ||
Section unless the
municipality also imposes a tax at the same | ||
rate under Section 8-11-1.7 of this
Act.
| ||
Persons subject to any tax imposed under the authority | ||
granted in this
Section , may reimburse themselves for their | ||
seller's tax liability hereunder by
separately stating the tax | ||
as an additional charge, which charge may be stated
in | ||
combination, in a single amount, with State tax which sellers | ||
are required
to collect under the Use Tax Act, pursuant to such | ||
bracket schedules as the
Department may prescribe.
| ||
Whenever the Department determines that a refund should be | ||
made under this
Section to a claimant, instead of issuing a | ||
credit memorandum, the Department
shall notify the State | ||
Comptroller, who shall cause the order to be drawn for
the | ||
amount specified, and to the person named in the notification | ||
from the
Department. The refund shall be paid by the State | ||
Treasurer out of the
Non-Home Rule Municipal Retailers' |
Occupation Tax Fund, which is hereby
created.
| ||
The Department shall forthwith pay over to the State | ||
Treasurer, ex officio,
as trustee, all taxes and penalties | ||
collected hereunder. | ||
As soon as possible after the first day of each month, | ||
beginning January 1, 2011, upon certification of the Department | ||
of Revenue, the Comptroller shall order transferred, and the | ||
Treasurer shall transfer, to the STAR Bonds Revenue Fund the | ||
local sales tax increment, as defined in the Innovation | ||
Development and Economy Act, collected under this Section | ||
during the second preceding calendar month for sales within a | ||
STAR bond district. | ||
After the monthly transfer to the STAR Bonds Revenue Fund, | ||
on or before the 25th
day of each calendar month, the | ||
Department shall prepare and certify to the
Comptroller the | ||
disbursement of stated sums of money to named municipalities,
| ||
the municipalities to be those from which retailers have paid | ||
taxes or
penalties hereunder to the Department during the | ||
second preceding calendar
month. The amount to be paid to each | ||
municipality shall be the amount (not
including credit | ||
memoranda) collected hereunder during the second preceding
| ||
calendar month by the Department plus an amount the Department | ||
determines is
necessary to offset any amounts that were | ||
erroneously paid to a different
taxing body, and not including | ||
an amount equal to the amount of refunds made
during the second | ||
preceding calendar month by the Department on behalf of the
|
municipality, and not including any amount that the Department | ||
determines is
necessary to offset any amounts that were payable | ||
to a different taxing body
but were erroneously paid to the | ||
municipality, and not including any amounts that are | ||
transferred to the STAR Bonds Revenue Fund, less 2% of the | ||
remainder, which the Department shall transfer into the Tax | ||
Compliance and Administration Fund. The Department, at the time | ||
of each monthly disbursement to the municipalities, shall | ||
prepare and certify to the State Comptroller the amount to be | ||
transferred into the Tax Compliance and Administration Fund | ||
under this Section. Within 10 days after receipt
by the | ||
Comptroller of the disbursement certification to the | ||
municipalities
and the Tax Compliance and Administration Fund | ||
provided for in this Section to be given to the Comptroller by | ||
the Department,
the Comptroller shall cause the orders to be | ||
drawn for the respective amounts
in accordance with the | ||
directions contained in the certification.
| ||
For the purpose of determining the local governmental unit | ||
whose tax is
applicable, a retail sale by a producer of coal or | ||
other mineral mined in
Illinois is a sale at retail at the | ||
place where the coal or other mineral
mined in Illinois is | ||
extracted from the earth. This paragraph does not apply
to coal | ||
or other mineral when it is delivered or shipped by the seller | ||
to the
purchaser at a point outside Illinois so that the sale | ||
is exempt under the
federal Constitution as a sale in | ||
interstate or foreign commerce.
|
Nothing in this Section shall be construed to authorize a | ||
municipality to
impose a tax upon the privilege of engaging in | ||
any business which under the
constitution of the United States | ||
may not be made the subject of taxation by
this State.
| ||
When certifying the amount of a monthly disbursement to a | ||
municipality under
this Section, the Department shall increase | ||
or decrease the amount by an
amount necessary to offset any | ||
misallocation of previous disbursements. The
offset amount | ||
shall be the amount erroneously disbursed within the previous 6
| ||
months from the time a misallocation is discovered.
| ||
As used in this Section, "municipal" and "municipality" | ||
means a city,
village, or incorporated town, including an | ||
incorporated town that has
superseded a civil township.
| ||
(Source: P.A. 99-217, eff. 7-31-15; 99-642, eff. 7-28-16; | ||
100-23, eff. 7-6-17; revised 10-3-17.)
| ||
(65 ILCS 5/8-11-1.7)
| ||
Sec. 8-11-1.7. Non-home rule municipal service occupation | ||
tax;
municipalities between 20,000 and 25,000. The corporate | ||
authorities of a
non-home rule municipality
with a population | ||
of more than 20,000 but less than 25,000 as determined by the
| ||
last preceding decennial census that has, prior to January 1, | ||
1987, established
a Redevelopment Project Area that has been | ||
certified as a State Sales Tax
Boundary and has issued bonds or | ||
otherwise incurred indebtedness to pay for
costs in excess of | ||
$5,000,000, which is secured in part by a tax increment
|
allocation fund, in accordance with the provisions of Division | ||
11-74.4 of this
Code may, by passage of an ordinance, impose a | ||
tax upon all persons engaged in
the municipality in the | ||
business of making sales of service. If imposed, the
tax shall | ||
only be imposed in .25% increments of the selling price of all
| ||
tangible personal property transferred by such servicemen | ||
either in the form of
tangible personal property or in the form | ||
of real estate as an incident to a
sale of service.
This tax | ||
may not be imposed on the sales of food for human consumption | ||
that
is to be consumed off the premises where it is sold (other | ||
than alcoholic
beverages, soft drinks, and food that has been | ||
prepared for immediate
consumption) and prescription and | ||
nonprescription medicines, drugs, medical
appliances and | ||
insulin, urine testing materials, syringes, and needles used by
| ||
diabetics.
The tax imposed by a municipality under this Section | ||
Sec. and all
civil penalties that may be assessed as an | ||
incident thereof shall be collected
and enforced by the State | ||
Department of Revenue. An ordinance
imposing a tax hereunder or | ||
effecting a change in the rate
thereof shall be adopted and a | ||
certified copy thereof filed with the Department
on or before | ||
the first day of October, whereupon the Department shall | ||
proceed
to administer and enforce this Section as of the first | ||
day of January next
following such adoption and filing. The | ||
certificate of
registration that is issued by the Department to | ||
a retailer
under the Retailers' Occupation Tax Act or under the | ||
Service Occupation Tax Act
shall permit the registrant to |
engage in a business that is taxable under any
ordinance or | ||
resolution enacted under this Section without registering
| ||
separately with the Department under the ordinance or | ||
resolution or under this
Section. The Department shall have | ||
full power to administer and enforce this
Section, to collect | ||
all taxes and penalties due hereunder, to dispose of taxes
and | ||
penalties so collected in a manner hereinafter provided, and to | ||
determine
all rights to credit memoranda arising on account of | ||
the erroneous payment of
tax or penalty hereunder. In the | ||
administration of and compliance with this
Section, the | ||
Department and persons who are subject to this Section shall | ||
have
the same rights, remedies, privileges, immunities, | ||
powers, and duties, and be
subject to the same conditions, | ||
restrictions, limitations, penalties and
definitions of terms, | ||
and employ the same modes of procedure, as are prescribed
in | ||
Sections 1a-1, 2, 2a, 3 through 3-50 (in respect to all | ||
provisions therein
other than the State rate of tax), 4 (except | ||
that the reference to the State
shall be to the taxing | ||
municipality), 5, 7, 8 (except that the jurisdiction to
which | ||
the tax shall be a debt to the extent indicated in that Section | ||
8 shall
be the taxing municipality), 9 (except as to the | ||
disposition of taxes and
penalties collected, and except that | ||
the returned merchandise credit for this
municipal tax may not | ||
be taken against any State tax), 10, 11, 12, (except the
| ||
reference therein to Section 2b of the Retailers' Occupation | ||
Tax Act), 13
(except that any reference to the State shall mean |
the taxing municipality),
the first paragraph of Sections 15, | ||
16, 17, 18, 19, and 20 of the Service
Occupation Tax Act and | ||
Section 3-7 of the Uniform Penalty and Interest Act, as
fully | ||
as if those provisions were set forth herein.
| ||
A tax may not be imposed by a municipality under this | ||
Section unless the
municipality also imposes a tax at the same | ||
rate under Section 8-11-1.6 of this
Act.
| ||
Person subject to any tax imposed under the authority | ||
granted in this Section
may reimburse themselves for their | ||
servicemen's tax liability hereunder by
separately stating the | ||
tax as an additional charge, which charge may be stated
in | ||
combination, in a single amount, with State tax that servicemen | ||
are
authorized to collect under the Service Use Tax Act, under | ||
such bracket
schedules as the Department may prescribe.
| ||
Whenever the Department determines that a refund should be | ||
made under this
Section to a claimant instead of issuing credit | ||
memorandum, the Department
shall notify the State Comptroller, | ||
who shall cause the order to be drawn for
the amount specified, | ||
and to the person named, in such notification from the
| ||
Department. The refund shall be paid by the State Treasurer out | ||
of the
Non-Home Rule Municipal Retailers' Occupation Tax Fund.
| ||
The Department shall forthwith pay over to the State | ||
Treasurer, ex officio,
as trustee, all taxes and penalties | ||
collected hereunder. | ||
As soon as possible after the first day of each month, | ||
beginning January 1, 2011, upon certification of the Department |
of Revenue, the Comptroller shall order transferred, and the | ||
Treasurer shall transfer, to the STAR Bonds Revenue Fund the | ||
local sales tax increment, as defined in the Innovation | ||
Development and Economy Act, collected under this Section | ||
during the second preceding calendar month for sales within a | ||
STAR bond district. | ||
After the monthly transfer to the STAR Bonds Revenue Fund, | ||
on or before the 25th
day of each calendar month, the | ||
Department shall prepare and certify to the
Comptroller the | ||
disbursement of stated sums of money to named municipalities,
| ||
the municipalities to be those from which suppliers and | ||
servicemen have paid
taxes or penalties hereunder to the | ||
Department during the second preceding
calendar month. The | ||
amount to be paid to each municipality shall be the amount
(not | ||
including credit memoranda) collected hereunder during the | ||
second
preceding calendar month by the Department, and not | ||
including an amount equal
to the amount of refunds made during | ||
the second preceding calendar month by the
Department on behalf | ||
of such municipality, and not including any amounts that are | ||
transferred to the STAR Bonds Revenue Fund, less 2% of the | ||
remainder, which the Department shall transfer into the Tax | ||
Compliance and Administration Fund. The Department, at the time | ||
of each monthly disbursement to the municipalities, shall | ||
prepare and certify to the State Comptroller the amount to be | ||
transferred into the Tax Compliance and Administration Fund | ||
under this Section. Within 10 days after receipt by the
|
Comptroller of the disbursement certification to the | ||
municipalities, the Tax Compliance and Administration Fund, | ||
and the
General Revenue Fund, provided for in this Section to | ||
be given to the
Comptroller by the Department, the Comptroller | ||
shall cause the orders to be
drawn for the respective amounts | ||
in accordance with the directions contained in
the | ||
certification.
| ||
When certifying the amount of a monthly disbursement to a | ||
municipality
under this Section, the Department shall increase | ||
or decrease the amount by an
amount necessary to offset any | ||
misallocation of previous disbursements. The
offset amount | ||
shall be the amount erroneously disbursed within the previous 6
| ||
months from the time a misallocation is discovered.
| ||
Nothing in this Section shall be construed to authorize a | ||
municipality to
impose a tax upon the privilege of engaging in | ||
any business which under the
constitution of the United States | ||
may not be made the subject of taxation by
this State.
| ||
(Source: P.A. 100-23, eff. 7-6-17; revised 10-3-17.)
| ||
(65 ILCS 5/10-2.1-4) (from Ch. 24, par. 10-2.1-4)
| ||
Sec. 10-2.1-4. Fire and police departments; appointment of
| ||
members; certificates of appointments. The board of fire and | ||
police commissioners shall appoint all officers
and members of | ||
the fire and police departments of the municipality,
including | ||
the chief of police and the chief of the fire department,
| ||
unless the council or board of trustees shall by ordinance as |
to them
otherwise provide; except as otherwise provided in this | ||
Section, and
except that in any municipality which adopts or | ||
has
adopted this Division 2.1 and also adopts or has adopted | ||
Article 5 of
this Code, the chief of police and the chief of | ||
the fire department
shall be appointed by the municipal | ||
manager, if it is provided by
ordinance in such municipality | ||
that such chiefs, or either of them,
shall not be appointed by | ||
the board of fire and police commissioners.
| ||
If the chief of the fire department or the chief of the | ||
police department
or both of them are appointed in the manner | ||
provided by ordinance, they
may be removed or discharged by the | ||
appointing authority. In such case
the appointing authority | ||
shall file with the corporate authorities the reasons
for such | ||
removal or discharge, which removal or discharge shall not | ||
become
effective unless confirmed by a majority vote of the | ||
corporate authorities.
| ||
After August 25, 2017 ( the effective date of Public Act | ||
100-425) this amendatory Act of the 100th General Assembly , a | ||
person shall not be appointed as the chief, the acting chief, | ||
the department head, or a position, by whatever title, that is | ||
responsible for day-to-day operations of a fire department for | ||
greater than 180 days unless he or she possesses the following | ||
qualifications and certifications: | ||
(1) Office of the State Fire Marshal Firefighter Basic | ||
Certification or Firefighter II Certification; Office of | ||
the State Fire Marshal Fire Officer I and II |
Certifications; and an associate degree in fire science or | ||
a bachelor's degree from an accredited university or | ||
college; or | ||
(2) a minimum of 10 years' experience as a firefighter | ||
at the fire department in the jurisdiction making the | ||
appointment. | ||
This paragraph applies to fire departments that employ | ||
firefighters hired under the provisions of this Division. | ||
If a member of the department is appointed chief of police | ||
or chief
of the fire department prior to being eligible to | ||
retire on pension, he
shall be considered as on furlough from | ||
the rank he held immediately
prior to his appointment as chief. | ||
If he resigns as chief or is
discharged as chief prior to | ||
attaining eligibility to retire on pension,
he shall revert to | ||
and be established in whatever rank he currently holds,
except | ||
for previously appointed positions, and thereafter
be entitled | ||
to all the benefits and emoluments of that rank,
without regard | ||
as to whether a vacancy then exists in that rank.
| ||
All appointments to each department other than that of the | ||
lowest
rank, however, shall be from the rank next below that to | ||
which the
appointment is made except as otherwise provided in | ||
this Section, and
except that the chief of police and the chief | ||
of the
fire department may be appointed from among members of | ||
the police and
fire departments, respectively, regardless of | ||
rank, unless the council
or board of trustees shall have by | ||
ordinance as to them otherwise provided.
A chief of police or |
the chief of the fire department, having been appointed
from | ||
among members
of the police or fire department, respectively, | ||
shall be permitted, regardless
of rank, to
take promotional
| ||
exams and be promoted to a higher classified rank than he | ||
currently holds,
without having to
resign as chief of police or | ||
chief of the fire department.
| ||
The sole authority to issue certificates of appointment | ||
shall be
vested in the Board of Fire and Police Commissioners | ||
and all
certificates of appointments issued to any officer or | ||
member of the fire
or police department of a municipality shall | ||
be signed by the chairman
and secretary respectively of the | ||
board of fire and police commissioners
of such municipality, | ||
upon appointment of such officer or member of the
fire and | ||
police department of such municipality by action of the board
| ||
of fire and police commissioners. After being selected from the | ||
register of eligibles to fill a vacancy in the affected | ||
department, each appointee shall be presented with his or her | ||
certificate of appointment on the day on which he or she is | ||
sworn in as a classified member of the affected department. | ||
Firefighters who were not issued a certificate of appointment | ||
when originally appointed shall be provided with a certificate | ||
within 10 days after making a written request to the | ||
chairperson of the Board of Fire and Police Commissioners. In | ||
any municipal fire department that employs full-time | ||
firefighters and is subject to a collective bargaining | ||
agreement, a person who has not qualified for regular |
appointment under the provisions of this Division 2.1 shall not | ||
be used as a temporary or permanent substitute for classified | ||
members of a municipality's fire department or for regular | ||
appointment as a classified member of a municipality's fire | ||
department unless mutually agreed to by the employee's | ||
certified bargaining agent. Such agreement shall be considered | ||
a permissive subject of bargaining. Municipal fire departments | ||
covered by the changes made by Public Act 95-490 this | ||
amendatory Act of the 95th General Assembly that are using | ||
non-certificated employees as substitutes immediately prior to | ||
June 1, 2008 ( the effective date of Public Act 95-490) this | ||
amendatory Act of the 95th General Assembly may, by mutual | ||
agreement with the certified bargaining agent, continue the | ||
existing practice or a modified practice and that agreement | ||
shall be considered a permissive subject of bargaining. A home | ||
rule unit may not regulate the hiring of temporary or | ||
substitute members of the municipality's fire department in a | ||
manner that is inconsistent with this Section. This Section is | ||
a limitation under subsection (i) of Section 6 of Article VII | ||
of the Illinois Constitution on the concurrent exercise by home | ||
rule units of powers and functions exercised by the State.
| ||
The term "policemen" as used in this Division does not | ||
include
auxiliary police officers except as provided for in | ||
Section 10-2.1-6.
| ||
Any full-time full time member of a regular fire or police | ||
department of any
municipality which comes under the provisions |
of this Division or adopts
this Division 2.1 or which has | ||
adopted any of the prior Acts pertaining to
fire and police | ||
commissioners, is a city officer.
| ||
Notwithstanding any other provision of this Section, the | ||
Chief of
Police of a department in a non-home rule municipality | ||
of more than 130,000
inhabitants may, without the advice or | ||
consent of the Board of
Fire and Police Commissioners, appoint | ||
up to 6 officers who shall be known
as deputy chiefs or | ||
assistant deputy chiefs, and whose rank shall be
immediately | ||
below that of Chief. The deputy or assistant deputy chiefs may
| ||
be appointed from any rank of sworn officers of that | ||
municipality, but no
person who is not such a sworn officer may | ||
be so appointed. Such deputy
chief or assistant deputy chief | ||
shall have the authority to direct and
issue orders to all | ||
employees of the Department holding the rank of captain
or any | ||
lower rank.
A deputy chief of police or assistant deputy chief | ||
of police, having been
appointed from any rank
of sworn | ||
officers of that municipality, shall be permitted, regardless | ||
of rank,
to take promotional
exams and be promoted to a higher | ||
classified rank than he currently holds,
without having to
| ||
resign as deputy chief of police or assistant deputy chief of | ||
police.
| ||
Notwithstanding any other provision of this Section, a | ||
non-home rule
municipality of 130,000 or fewer inhabitants, | ||
through its council or board
of trustees, may, by ordinance, | ||
provide for a position of deputy chief to be
appointed by the |
chief of the police department. The ordinance shall provide
for | ||
no more than one deputy chief position if the police department | ||
has fewer
than 25 full-time police officers and for no more | ||
than 2 deputy chief positions
if the police department has 25 | ||
or more full-time police officers. The deputy
chief position
| ||
shall be an exempt rank immediately below that of Chief. The | ||
deputy chief may
be appointed from any rank of sworn, full-time | ||
officers of the municipality's
police department, but must have | ||
at least 5 years of full-time service as a
police officer in | ||
that department. A deputy chief shall serve at the
discretion | ||
of the Chief and, if removed from the position,
shall revert to | ||
the rank currently held, without regard as to whether a
vacancy | ||
exists in
that rank. A deputy chief
of police, having been | ||
appointed from any rank of sworn full-time officers of
that | ||
municipality's
police department, shall be permitted, | ||
regardless of rank, to take promotional
exams and be
promoted | ||
to a higher classified rank than he currently holds, without | ||
having to
resign as deputy
chief of police.
| ||
No municipality having a population less than 1,000,000 | ||
shall require
that any firefighter appointed to the lowest
rank | ||
serve a probationary employment period of longer than one year. | ||
The
limitation on periods of probationary employment provided | ||
in Public Act 86-990 this
amendatory Act of 1989 is an | ||
exclusive power and function of the State.
Pursuant to | ||
subsection (h) of Section 6 of Article VII of the Illinois
| ||
Constitution, a home rule municipality having a population less |
than 1,000,000
must comply with this limitation on periods of | ||
probationary employment, which
is a denial and limitation of | ||
home rule powers. Notwithstanding anything to
the contrary in | ||
this Section, the probationary employment period limitation
| ||
may be extended for a firefighter who is required, as a | ||
condition of employment, to be a licensed paramedic, during | ||
which time the sole reason that a firefighter may be discharged | ||
without a hearing is for failing to meet the requirements for | ||
paramedic licensure.
| ||
To the extent that this Section or any other Section in | ||
this Division conflicts with Section 10-2.1-6.3 or 10-2.1-6.4, | ||
then Section 10-2.1-6.3 or 10-2.1-6.4 shall control. | ||
(Source: P.A. 100-252, eff. 8-22-17; 100-425, eff. 8-25-17; | ||
revised 10-3-17.)
| ||
(65 ILCS 5/10-4-2) (from Ch. 24, par. 10-4-2)
| ||
Sec. 10-4-2. Group insurance.
| ||
(a) The corporate authorities of any municipality may | ||
arrange
to provide, for the benefit of employees of the | ||
municipality, group life,
health, accident, hospital, and | ||
medical insurance, or any one or any
combination of those types | ||
of insurance, and may arrange to provide that
insurance for the | ||
benefit of the spouses or dependents of those employees.
The | ||
insurance may include provision for employees or other insured | ||
persons
who rely on treatment by prayer or spiritual means | ||
alone for healing in
accordance with the tenets and practice of |
a well recognized religious
denomination. The corporate | ||
authorities may provide for payment by the
municipality of a | ||
portion of the premium or charge for the insurance with
the | ||
employee paying the balance of the premium or charge. If the | ||
corporate
authorities undertake a plan under which the | ||
municipality pays a portion of
the premium or charge, the | ||
corporate authorities shall provide for
withholding and | ||
deducting from the compensation of those municipal
employees | ||
who consent to join the plan the balance of the premium or | ||
charge
for the insurance.
| ||
(b) If the corporate authorities do not provide for a plan | ||
under which
the municipality pays a portion of the premium or | ||
charge for a group
insurance plan, the corporate authorities | ||
may provide for withholding
and deducting from the compensation | ||
of those employees who consent thereto
the premium or charge | ||
for any group life, health, accident, hospital, and
medical | ||
insurance.
| ||
(c) The corporate authorities may exercise the powers | ||
granted in this
Section only if the kinds of group insurance | ||
are obtained from an
insurance company authorized to do | ||
business
in the State of Illinois,
or are obtained through an
| ||
intergovernmental joint self-insurance pool as authorized | ||
under the
Intergovernmental Cooperation Act.
The
corporate | ||
authorities may enact an ordinance prescribing the method of
| ||
operation of the insurance program.
| ||
(d) If a municipality, including a home rule municipality, |
is a
self-insurer for purposes of providing health insurance | ||
coverage for its
employees, the insurance coverage shall | ||
include screening by low-dose
mammography for all women 35 | ||
years of age or older for the presence of
occult breast cancer | ||
unless the municipality elects to provide mammograms
itself | ||
under Section 10-4-2.1. The coverage shall be as follows:
| ||
(1) A baseline mammogram for women 35 to 39 years of | ||
age.
| ||
(2) An annual mammogram for women 40 years of age or | ||
older.
| ||
(3) A mammogram at the age and intervals considered | ||
medically necessary by the woman's health care provider for | ||
women under 40 years of age and having a family history of | ||
breast cancer, prior personal history of breast cancer, | ||
positive genetic testing, or other risk factors. | ||
(4) A comprehensive ultrasound screening of an entire | ||
breast or breasts if a mammogram demonstrates | ||
heterogeneous or dense breast tissue, when medically | ||
necessary as determined by a physician licensed to practice | ||
medicine in all of its branches. | ||
For purposes of this subsection, "low-dose mammography"
| ||
means the x-ray examination of the breast using equipment | ||
dedicated
specifically for mammography, including the x-ray | ||
tube, filter, compression
device, and image receptor, with an | ||
average radiation exposure
delivery of less than one rad per | ||
breast for 2 views of an average size breast. The term also |
includes digital mammography. | ||
(d-5) Coverage as described by subsection (d) shall be | ||
provided at no cost to the insured and shall not be applied to | ||
an annual or lifetime maximum benefit. | ||
(d-10) When health care services are available through | ||
contracted providers and a person does not comply with plan | ||
provisions specific to the use of contracted providers, the | ||
requirements of subsection (d-5) are not applicable. When a | ||
person does not comply with plan provisions specific to the use | ||
of contracted providers, plan provisions specific to the use of | ||
non-contracted providers must be applied without distinction | ||
for coverage required by this Section and shall be at least as | ||
favorable as for other radiological examinations covered by the | ||
policy or contract. | ||
(d-15) If a municipality, including a home rule | ||
municipality, is a self-insurer for purposes of providing | ||
health insurance coverage for its employees, the insurance | ||
coverage shall include mastectomy coverage, which includes | ||
coverage for prosthetic devices or reconstructive surgery | ||
incident to the mastectomy. Coverage for breast reconstruction | ||
in connection with a mastectomy shall include: | ||
(1) reconstruction of the breast upon which the | ||
mastectomy has been performed; | ||
(2) surgery and reconstruction of the other breast to | ||
produce a symmetrical appearance; and | ||
(3) prostheses and treatment for physical |
complications at all stages of mastectomy, including | ||
lymphedemas. | ||
Care shall be determined in consultation with the attending | ||
physician and the patient. The offered coverage for prosthetic | ||
devices and reconstructive surgery shall be subject to the | ||
deductible and coinsurance conditions applied to the | ||
mastectomy, and all other terms and conditions applicable to | ||
other benefits. When a mastectomy is performed and there is no | ||
evidence of malignancy then the offered coverage may be limited | ||
to the provision of prosthetic devices and reconstructive | ||
surgery to within 2 years after the date of the mastectomy. As | ||
used in this Section, "mastectomy" means the removal of all or | ||
part of the breast for medically necessary reasons, as | ||
determined by a licensed physician. | ||
A municipality, including a home rule municipality, that is | ||
a self-insurer for purposes of providing health insurance | ||
coverage for its employees, may not penalize or reduce or limit | ||
the reimbursement of an attending provider or provide | ||
incentives (monetary or otherwise) to an attending provider to | ||
induce the provider to provide care to an insured in a manner | ||
inconsistent with this Section. | ||
(d-20) The
requirement that mammograms be included in | ||
health insurance coverage as
provided in subsections (d) | ||
through (d-15) is an exclusive power and function of the
State | ||
and is a denial and limitation under Article VII, Section 6,
| ||
subsection (h) of the Illinois Constitution of home rule |
municipality
powers. A home rule municipality to which | ||
subsections (d) through (d-15) apply must
comply with every | ||
provision of those through subsections.
| ||
(e) Rulemaking authority to implement Public Act 95-1045 | ||
this amendatory Act of the 95th General Assembly , if any, is | ||
conditioned on the rules being adopted in accordance with all | ||
provisions of the Illinois Administrative Procedure Act and all | ||
rules and procedures of the Joint Committee on Administrative | ||
Rules; any purported rule not so adopted, for whatever reason, | ||
is unauthorized. | ||
(Source: P.A. 95-1045, eff. 3-27-09; revised 10-3-17.)
| ||
(65 ILCS 5/10-4-2.3)
| ||
Sec. 10-4-2.3. Required health benefits. If a | ||
municipality, including a
home rule municipality, is a | ||
self-insurer for purposes of providing health
insurance | ||
coverage for its employees, the coverage shall include coverage | ||
for
the post-mastectomy care benefits required to be covered by | ||
a policy of
accident and health insurance under Section 356t | ||
and the coverage required
under Sections 356g, 356g.5, | ||
356g.5-1, 356u, 356w, 356x, 356z.6, 356z.8, 356z.9, 356z.10, | ||
356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22, and | ||
356z.25 , and 356z.26 of the Illinois
Insurance
Code. The | ||
coverage shall comply with Sections 155.22a, 355b, 356z.19, and | ||
370c of
the Illinois Insurance Code. The requirement that | ||
health
benefits be covered as provided in this is an exclusive |
power and function of
the State and is a denial and limitation | ||
under Article VII, Section 6,
subsection (h) of the Illinois | ||
Constitution. A home rule municipality to which
this Section | ||
applies must comply with every provision of this Section.
| ||
Rulemaking authority to implement Public Act 95-1045, if | ||
any, is conditioned on the rules being adopted in accordance | ||
with all provisions of the Illinois Administrative Procedure | ||
Act and all rules and procedures of the Joint Committee on | ||
Administrative Rules; any purported rule not so adopted, for | ||
whatever reason, is unauthorized. | ||
(Source: P.A. 99-480, eff. 9-9-15; 100-24, eff. 7-18-17; | ||
100-138, eff. 8-18-17; revised 10-5-17.)
| ||
(65 ILCS 5/11-74.4-3.5)
| ||
Sec. 11-74.4-3.5. Completion dates for redevelopment | ||
projects. | ||
(a) Unless otherwise stated in this Section, the estimated | ||
dates of completion
of the redevelopment project and retirement | ||
of obligations issued to finance
redevelopment project costs | ||
(including refunding bonds under Section 11-74.4-7) may not be
| ||
later than December 31 of the year in which the payment to the | ||
municipal
treasurer, as provided in subsection (b) of Section | ||
11-74.4-8 of this Act, is to
be made with respect to ad valorem | ||
taxes levied in the 23rd
calendar year after the year in which | ||
the ordinance approving the
redevelopment project area was | ||
adopted if the ordinance was adopted on or after
January 15, |
1981. | ||
(a-5) If the redevelopment project area is located within a | ||
transit facility improvement area established pursuant to | ||
Section 11-74.4-3, the estimated dates of completion of the | ||
redevelopment project and retirement of obligations issued to | ||
finance redevelopment project costs (including refunding bonds | ||
under Section 11-74.4-7) may not be later than December 31 of | ||
the year in which the payment to the municipal treasurer, as | ||
provided in subsection (b) of Section 11-74.4-8 of this Act, is | ||
to be made with respect to ad valorem taxes levied in the 35th | ||
calendar year after the year in which the ordinance approving | ||
the redevelopment project area was adopted. | ||
(a-7) A municipality may adopt tax increment financing for | ||
a redevelopment project area located in a transit facility | ||
improvement area that also includes real property located | ||
within an existing redevelopment project area established | ||
prior to August 12, 2016 (the effective date of Public Act | ||
99-792). In such case: (i) the provisions of this Division | ||
shall apply with respect to the previously established | ||
redevelopment project area until the municipality adopts, as | ||
required in accordance with applicable provisions of this | ||
Division, an ordinance dissolving the special tax allocation | ||
fund for such redevelopment project area and terminating the | ||
designation of such redevelopment project area as a | ||
redevelopment project area; and (ii) after the effective date | ||
of the ordinance described in (i), the provisions of this |
Division shall apply with respect to the subsequently | ||
established redevelopment project area located in a transit | ||
facility improvement area. | ||
(b) The estimated dates of completion of the redevelopment | ||
project and retirement of obligations issued to finance | ||
redevelopment project costs (including refunding bonds under | ||
Section 11-74.4-7) may not be later than December 31 of the | ||
year in which the payment to the municipal treasurer as | ||
provided in subsection (b) of Section 11-74.4-8 of this Act is | ||
to be made with respect to ad valorem taxes levied in the 32nd | ||
calendar year after the year in which the ordinance approving | ||
the redevelopment project area was adopted if the ordinance was | ||
adopted on September 9, 1999 by the Village of Downs. | ||
The estimated dates of completion
of the redevelopment | ||
project and retirement of obligations issued to finance
| ||
redevelopment project costs (including refunding bonds under | ||
Section 11-74.4-7) may not be later than December 31 of the | ||
year in which the payment to the municipal
treasurer as | ||
provided in subsection (b) of Section 11-74.4-8 of this Act is | ||
to
be made with respect to ad valorem taxes levied in the 33rd | ||
calendar
year after the year in which the ordinance approving | ||
the
redevelopment project area was adopted if the ordinance was | ||
adopted on May 20, 1985 by the Village of Wheeling. | ||
The estimated dates of completion of the redevelopment | ||
project and retirement of obligations issued to finance | ||
redevelopment project costs (including refunding bonds under |
Section 11-74.4-7) may not be later than December 31 of the | ||
year in which the payment to the municipal treasurer as | ||
provided in subsection (b) of Section 11-74.4-8 of this Act is | ||
to be made with respect to ad valorem taxes levied in the 28th | ||
calendar year after the year in which the ordinance approving | ||
the redevelopment project area was adopted if the ordinance was | ||
adopted on October 12, 1989 by the City of Lawrenceville. | ||
(c) The estimated dates of completion
of the redevelopment | ||
project and retirement of obligations issued to finance
| ||
redevelopment project costs (including refunding bonds under | ||
Section 11-74.4-7) may not be later than December 31 of the | ||
year in which the payment to the municipal
treasurer as | ||
provided in subsection (b) of Section 11-74.4-8 of this Act is | ||
to
be made with respect to ad valorem taxes levied in the 35th | ||
calendar
year after the year in which the ordinance approving | ||
the
redevelopment project area was adopted: | ||
(1) If the ordinance was adopted before January 15, | ||
1981. | ||
(2) If the ordinance was adopted in December 1983, | ||
April 1984, July 1985,
or December 1989. | ||
(3) If the ordinance was adopted in December 1987 and | ||
the redevelopment
project is located within one mile of | ||
Midway Airport. | ||
(4) If the ordinance was adopted before January 1, 1987 | ||
by a municipality in
Mason County. | ||
(5) If the municipality is subject to the Local |
Government Financial Planning
and Supervision Act or the | ||
Financially Distressed City Law. | ||
(6) If the ordinance was adopted in December 1984 by | ||
the Village of Rosemont. | ||
(7) If the ordinance was adopted on December 31, 1986 | ||
by a municipality
located in Clinton County for which at | ||
least $250,000 of tax increment
bonds were authorized on | ||
June 17, 1997, or if the ordinance was adopted on
December | ||
31, 1986 by a municipality with a population in 1990 of | ||
less than
3,600 that is located in a county with a | ||
population in 1990 of less than
34,000 and for which at | ||
least $250,000 of tax increment bonds were authorized
on | ||
June 17, 1997. | ||
(8) If the ordinance was adopted on October 5, 1982 by | ||
the City of Kankakee, or if the ordinance was adopted on | ||
December 29, 1986 by East St. Louis. | ||
(9) If
the ordinance was adopted on November 12, 1991 | ||
by the Village of Sauget. | ||
(10) If the ordinance was
adopted on February 11, 1985 | ||
by the City of Rock Island. | ||
(11) If the ordinance was adopted before December 18, | ||
1986 by the City of
Moline. | ||
(12) If the ordinance was adopted in September 1988 by | ||
Sauk Village. | ||
(13) If the ordinance was adopted in October 1993 by | ||
Sauk Village. |
(14) If the ordinance was adopted on December 29, 1986 | ||
by the City of Galva. | ||
(15) If the ordinance was adopted in March 1991 by the | ||
City of Centreville. | ||
(16) If the ordinance was adopted on January 23, 1991
| ||
by the City of East St. Louis. | ||
(17) If the ordinance was adopted on December 22, 1986 | ||
by the City of Aledo. | ||
(18) If the ordinance was adopted on February 5, 1990 | ||
by the City of Clinton. | ||
(19) If the ordinance was adopted on September 6, 1994 | ||
by the City of Freeport. | ||
(20) If the ordinance was adopted on December 22, 1986 | ||
by the City of Tuscola. | ||
(21) If the ordinance was adopted on December 23, 1986 | ||
by the City of Sparta. | ||
(22) If the ordinance was adopted on December 23, 1986 | ||
by the City of
Beardstown. | ||
(23) If the ordinance was adopted on April 27, 1981, | ||
October 21, 1985, or
December 30, 1986 by the City of | ||
Belleville. | ||
(24) If the ordinance was adopted on December 29, 1986 | ||
by the City of
Collinsville. | ||
(25) If the ordinance was adopted on September 14, 1994 | ||
by the
City of Alton. | ||
(26) If the ordinance was adopted on November 11, 1996 |
by the
City of Lexington. | ||
(27) If the ordinance was adopted on November 5, 1984 | ||
by
the City of LeRoy. | ||
(28) If the ordinance was adopted on April 3, 1991 or
| ||
June 3, 1992 by the City of Markham. | ||
(29) If the ordinance was adopted on November 11, 1986 | ||
by the City of Pekin. | ||
(30) If the ordinance was adopted on December 15, 1981 | ||
by the City of Champaign. | ||
(31) If the ordinance was adopted on December 15, 1986 | ||
by the City of Urbana. | ||
(32) If the ordinance was adopted on December 15, 1986 | ||
by the Village of Heyworth. | ||
(33) If the ordinance was adopted on February 24, 1992 | ||
by the Village of Heyworth. | ||
(34) If the ordinance was adopted on March 16, 1995 by | ||
the Village of Heyworth. | ||
(35) If the ordinance was adopted on December 23, 1986 | ||
by the Town of Cicero. | ||
(36) If the ordinance was adopted on December 30, 1986 | ||
by the City of Effingham. | ||
(37) If the ordinance was adopted on May 9, 1991 by the | ||
Village of
Tilton. | ||
(38) If the ordinance was adopted on October 20, 1986 | ||
by the City of Elmhurst. | ||
(39) If the ordinance was adopted on January 19, 1988 |
by the City of
Waukegan. | ||
(40) If the ordinance was adopted on September 21, 1998 | ||
by the City of
Waukegan. | ||
(41) If the ordinance was adopted on December 31, 1986 | ||
by the City of Sullivan. | ||
(42) If the ordinance was adopted on December 23, 1991 | ||
by the City of Sullivan. | ||
(43) If the ordinance was adopted on December 31, 1986 | ||
by the City of Oglesby. | ||
(44) If the ordinance was adopted on July 28, 1987 by | ||
the City of Marion. | ||
(45) If the ordinance was adopted on April 23, 1990 by | ||
the City of Marion. | ||
(46) If the ordinance was adopted on August 20, 1985 by | ||
the Village of Mount Prospect. | ||
(47) If the ordinance was adopted on February 2, 1998 | ||
by the Village of Woodhull. | ||
(48) If the ordinance was adopted on April 20, 1993 by | ||
the Village of Princeville. | ||
(49) If the ordinance was adopted on July 1, 1986 by | ||
the City of Granite City. | ||
(50) If the ordinance was adopted on February 2, 1989 | ||
by the Village of Lombard. | ||
(51) If the ordinance was adopted on December 29, 1986 | ||
by the Village of Gardner. | ||
(52) If the ordinance was adopted on July 14, 1999 by |
the Village of Paw Paw. | ||
(53) If the ordinance was adopted on November 17, 1986 | ||
by the Village of Franklin Park. | ||
(54) If the ordinance was adopted on November 20, 1989 | ||
by the Village of South Holland. | ||
(55) If the ordinance was adopted on July 14, 1992 by | ||
the Village of Riverdale. | ||
(56) If the ordinance was adopted on December 29, 1986 | ||
by the City of Galesburg. | ||
(57) If the ordinance was adopted on April 1, 1985 by | ||
the City of Galesburg. | ||
(58) If the ordinance was adopted on May 21, 1990 by | ||
the City of West Chicago. | ||
(59) If the ordinance was adopted on December 16, 1986 | ||
by the City of Oak Forest. | ||
(60) If the ordinance was adopted in 1999 by the City | ||
of Villa Grove. | ||
(61) If the ordinance was adopted on January 13, 1987 | ||
by the Village of Mt. Zion. | ||
(62) If the ordinance was adopted on December 30, 1986 | ||
by the Village of Manteno. | ||
(63) If the ordinance was adopted on April 3, 1989 by | ||
the City of Chicago Heights. | ||
(64) If the ordinance was adopted on January 6, 1999 by | ||
the Village of Rosemont. | ||
(65) If the ordinance was adopted on December 19, 2000 |
by the Village of Stone Park. | ||
(66) If the ordinance was adopted on December 22, 1986 | ||
by the City of DeKalb. | ||
(67) If the ordinance was adopted on December 2, 1986 | ||
by the City of Aurora.
| ||
(68) If the ordinance was adopted on December 31, 1986 | ||
by the Village of Milan. | ||
(69) If the ordinance was adopted on September 8, 1994 | ||
by the City of West Frankfort. | ||
(70) If the ordinance was adopted on December 23, 1986 | ||
by the Village of Libertyville. | ||
(71) If the ordinance was adopted on December 22, 1986 | ||
by the Village of Hoffman Estates.
| ||
(72) If the ordinance was adopted on September 17, 1986 | ||
by the Village of Sherman.
| ||
(73) If the ordinance was adopted on December 16, 1986 | ||
by the City of Macomb. | ||
(74) If the ordinance was adopted on June 11, 2002 by | ||
the City of East Peoria to create the West Washington | ||
Street TIF. | ||
(75) If the ordinance was adopted on June 11, 2002 by | ||
the City of East Peoria to create the Camp Street TIF.
| ||
(76) If the ordinance was adopted on August 7, 2000 by | ||
the City of Des Plaines. | ||
(77) If the ordinance was adopted on December 22, 1986 | ||
by the City of Washington to create the Washington Square |
TIF #2. | ||
(78) If the ordinance was adopted on December 29, 1986 | ||
by the City of Morris.
| ||
(79) If the ordinance was adopted on July 6, 1998 by | ||
the Village of Steeleville. | ||
(80) If the ordinance was adopted on December 29, 1986 | ||
by the City of Pontiac to create TIF I (the Main St TIF). | ||
(81) If the ordinance was adopted on December 29, 1986 | ||
by the City of Pontiac to create TIF II (the Interstate | ||
TIF). | ||
(82) If the ordinance was adopted on November 6, 2002 | ||
by the City of Chicago to create the Madden/Wells TIF | ||
District. | ||
(83) If the ordinance was adopted on November 4, 1998 | ||
by the City of Chicago to create the Roosevelt/Racine TIF | ||
District. | ||
(84) If the ordinance was adopted on June 10, 1998 by | ||
the City of Chicago to create the Stony Island | ||
Commercial/Burnside Industrial Corridors TIF District. | ||
(85) If the ordinance was adopted on November 29, 1989 | ||
by the City of Chicago to create the Englewood Mall TIF | ||
District. | ||
(86) If the ordinance was adopted on December 27, 1986 | ||
by the City of Mendota. | ||
(87) If the ordinance was adopted on December 31, 1986 | ||
by the Village of Cahokia. |
(88) If the ordinance was adopted on September 20, 1999 | ||
by the City of Belleville. | ||
(89) If the ordinance was adopted on December 30, 1986 | ||
by the Village of Bellevue to create the Bellevue TIF | ||
District 1. | ||
(90) If the ordinance was adopted on December 13, 1993 | ||
by the Village of Crete. | ||
(91) If the ordinance was adopted on February 12, 2001 | ||
by the Village of Crete. | ||
(92) If the ordinance was adopted on April 23, 2001 by | ||
the Village of Crete. | ||
(93) If the ordinance was adopted on December 16, 1986 | ||
by the City of Champaign. | ||
(94) If the ordinance was adopted on December 20, 1986 | ||
by the City of Charleston. | ||
(95) If the ordinance was adopted on June 6, 1989 by | ||
the Village of Romeoville. | ||
(96) If the ordinance was adopted on October 14, 1993 | ||
and amended on August 2, 2010 by the City of Venice. | ||
(97) If the ordinance was adopted on June 1, 1994 by | ||
the City of Markham. | ||
(98) If the ordinance was adopted on May 19, 1998 by | ||
the Village of Bensenville. | ||
(99) If the ordinance was adopted on November 12, 1987 | ||
by the City of Dixon. | ||
(100) If the ordinance was adopted on December 20, 1988 |
by the Village of Lansing. | ||
(101) If the ordinance was adopted on October 27, 1998 | ||
by the City of Moline. | ||
(102) If the ordinance was adopted on May 21, 1991 by | ||
the Village of Glenwood. | ||
(103) If the ordinance was adopted on January 28, 1992 | ||
by the City of East Peoria. | ||
(104) If the ordinance was adopted on December 14, 1998 | ||
by the City of Carlyle. | ||
(105) If the ordinance was adopted on May 17, 2000, as | ||
subsequently amended, by the City of Chicago to create the | ||
Midwest Redevelopment TIF District. | ||
(106) If the ordinance was adopted on September 13, | ||
1989 by the City of Chicago to create the Michigan/Cermak | ||
Area TIF District. | ||
(107) If the ordinance was adopted on March 30, 1992 by | ||
the Village of Ohio. | ||
(108) If the ordinance was adopted on July 6, 1998 by | ||
the Village of Orangeville. | ||
(109) If the ordinance was adopted on December 16, 1997 | ||
by the Village of Germantown. | ||
(110) If the ordinance was adopted on April 28, 2003 by | ||
Gibson City. | ||
(111) If the ordinance was adopted on December 18, 1990 | ||
by the Village of Washington Park, but only after the | ||
Village of Washington Park becomes compliant with the |
reporting requirements under subsection (d) of Section | ||
11-74.4-5, and after the State Comptroller's certification | ||
of such compliance. | ||
(112) If the ordinance was adopted on February 28, 2000 | ||
by the City of Harvey. | ||
(113) If the ordinance was adopted on January 11, 1991 | ||
by the City of Chicago to create the Read/Dunning TIF | ||
District. | ||
(114) If the ordinance was adopted on July 24, 1991 by | ||
the City of Chicago to create the Sanitary and Ship Canal | ||
TIF District. | ||
(115) If the ordinance was adopted on December 4, 2007 | ||
by the City of Naperville. | ||
(116) If the ordinance was adopted on July 1, 2002 by | ||
the Village of Arlington Heights. | ||
(117) If the ordinance was adopted on February 11, 1991 | ||
by the Village of Machesney Park. | ||
(118) If the ordinance was adopted on December 29, 1993 | ||
by the City of Ottawa. | ||
(119) If the ordinance was adopted on June 4, 1991 by | ||
the Village of Lansing. | ||
(120) If the ordinance was adopted on February 10, 2004 | ||
by the Village of Fox Lake. | ||
(121) If the ordinance was adopted on December 22, 1992 | ||
by the City of Fairfield. | ||
(122) If the ordinance was adopted on February 10, 1992 |
by the City of Mt. Sterling. | ||
(123) If the ordinance was adopted on March 15, 2004 by | ||
the City of Batavia. | ||
(124) If the ordinance was adopted on March 18, 2002 by | ||
the Village of Lake Zurich. | ||
(125) If the ordinance was adopted on September 23, | ||
1997 by the City of Granite City. | ||
(126) If the ordinance was adopted on May 8, 2013 by | ||
the Village of Rosemont to create the Higgins Road/River | ||
Road TIF District No. 6. | ||
(127) If the ordinance was adopted on November 22, 1993 | ||
by the City of Arcola. | ||
(128) If the ordinance was adopted on September 7, 2004 | ||
by the City of Arcola. | ||
(129) If the ordinance was adopted on November 29, 1999 | ||
by the City of Paris. | ||
(130) If the ordinance was adopted on September 20, | ||
1994 by the City of Ottawa to create the U.S. Route 6 East | ||
Ottawa TIF. | ||
(131) If the ordinance was adopted on May 2, 2002 by | ||
the Village of Crestwood. | ||
(132) If the ordinance was adopted on October 27, 1992 | ||
by the City of Blue Island. | ||
(133) If the ordinance was adopted on December 23, 1993 | ||
by the City of Lacon. | ||
(134) If the ordinance was adopted on May 4, 1998 by |
the Village of Bradford. | ||
(135) If the ordinance was adopted on June 11, 2002 by | ||
the City of Oak Forest. | ||
(136) If the ordinance was adopted on November 16, 1992 | ||
by the City of Pinckneyville. | ||
(137) If the ordinance was adopted on March 1, 2001 by | ||
the Village of South Jacksonville. | ||
(138) If the ordinance was adopted on February 26, 1992 | ||
by the City of Chicago to create the Stockyards Southeast | ||
Quadrant TIF District. | ||
(139) If the ordinance was adopted on January 25, 1993 | ||
by the City of LaSalle. | ||
(140) If the ordinance was adopted on December 23, 1997 | ||
by the Village of Dieterich. | ||
(141) If the ordinance was adopted on February 10, 2016 | ||
by the Village of Rosemont to create the Balmoral/Pearl TIF | ||
No. 8 Tax Increment Financing Redevelopment Project Area. | ||
(142) If the ordinance was adopted on June 11, 2002 by | ||
the City of Oak Forest. | ||
(143) If the ordinance was adopted on January 31, 1995 | ||
by the Village of Milledgeville. | ||
(144) (143) If the ordinance was adopted on February 5, | ||
1996 by the Village of Pearl City. | ||
(145) (143) If the ordinance was adopted on December | ||
21, 1994 by the City of Calumet City. | ||
(d) For redevelopment project areas for which bonds were |
issued before
July 29, 1991, or for which contracts were | ||
entered into before June 1,
1988, in connection with a | ||
redevelopment project in the area within
the State Sales Tax | ||
Boundary, the estimated dates of completion of the
| ||
redevelopment project and retirement of obligations to finance | ||
redevelopment
project costs (including refunding bonds under | ||
Section 11-74.4-7) may be extended by municipal ordinance to | ||
December 31, 2013.
The termination procedures of subsection (b) | ||
of Section 11-74.4-8 are not
required for
these redevelopment | ||
project areas in 2009 but are required in 2013.
The extension | ||
allowed by Public Act 87-1272 shall not apply to real
property | ||
tax increment allocation financing under Section 11-74.4-8. | ||
(e) Those dates, for purposes of real property tax | ||
increment allocation
financing pursuant to Section 11-74.4-8 | ||
only, shall be not more than 35 years
for redevelopment project | ||
areas that were adopted on or after December 16,
1986 and for | ||
which at least $8 million worth of municipal bonds were | ||
authorized
on or after December 19, 1989 but before January 1, | ||
1990; provided that the
municipality elects to extend the life | ||
of the redevelopment project area to 35
years by the adoption | ||
of an ordinance after at least 14 but not more than 30
days' | ||
written notice to the taxing bodies, that would otherwise | ||
constitute the
joint review board for the redevelopment project | ||
area, before the adoption of
the ordinance. | ||
(f) Those dates, for purposes of real property tax | ||
increment allocation
financing pursuant to Section 11-74.4-8 |
only, shall be not more than 35 years
for redevelopment project | ||
areas that were established on or after December 1,
1981 but | ||
before January 1, 1982 and for which at least $1,500,000 worth | ||
of
tax increment revenue bonds were authorized
on or after | ||
September 30, 1990 but before July 1, 1991; provided that the
| ||
municipality elects to extend the life of the redevelopment | ||
project area to 35
years by the adoption of an ordinance after | ||
at least 14 but not more than 30
days' written notice to the | ||
taxing bodies, that would otherwise constitute the
joint review | ||
board for the redevelopment project area, before the adoption | ||
of
the ordinance. | ||
(f-5) Those dates, for purposes of real property tax | ||
increment allocation financing pursuant to Section 11-74.4-8 | ||
only, shall be not more than 47 years for redevelopment project | ||
areas that were established on December 29, 1981 by the City of | ||
Springfield; provided that (i) the City of Springfield adopts | ||
an ordinance extending the life of the redevelopment project | ||
area to 47 years and (ii) the City of Springfield provides | ||
notice to the taxing bodies that would otherwise constitute the | ||
joint review board for the redevelopment project area not more | ||
than 30 and not less than 14 days prior to the adoption of that | ||
ordinance. | ||
(g) In consolidating the material relating to completion | ||
dates from Sections 11-74.4-3 and 11-74.4-7 into this Section, | ||
it is not the intent of the General Assembly to make any | ||
substantive change in the law, except for the extension of the |
completion dates for the City of Aurora, the Village of Milan,
| ||
the City of West Frankfort, the Village of Libertyville, and | ||
the Village of Hoffman Estates set forth under items (67),
| ||
(68), (69), (70), and (71) of subsection (c) of this Section. | ||
(Source: P.A. 99-78, eff. 7-20-15; 99-136, eff. 7-24-15; | ||
99-263, eff. 8-4-15; 99-361, eff. 1-1-16; 99-394, eff. 8-18-15; | ||
99-495, eff. 12-17-15; 99-508, eff. 6-24-16; 99-792, eff. | ||
8-12-16; 100-201, eff. 8-18-17; 100-214, eff. 8-18-17; | ||
100-249, eff. 8-22-17; 100-510, eff. 9-15-17; revised | ||
10-2-17.) | ||
Section 260. The Metropolitan Pier and Exposition | ||
Authority Act is amended by changing Section 13 as follows:
| ||
(70 ILCS 210/13) (from Ch. 85, par. 1233)
| ||
Sec. 13.
(a) The Authority shall not have power to levy | ||
taxes for any
purpose, except as provided in subsections (b), | ||
(c), (d), (e), and (f).
| ||
(b) By ordinance the Authority shall, as soon as | ||
practicable after July 1, 1992 ( the
effective date of Public | ||
Act 87-733) this amendatory Act of 1991 , impose a Metropolitan | ||
Pier and
Exposition Authority Retailers' Occupation Tax upon | ||
all persons engaged in
the business of selling tangible | ||
personal property at retail within the
territory described in | ||
this subsection at the rate of 1.0% of the gross
receipts (i) | ||
from the sale of food, alcoholic beverages, and soft drinks
|
sold for consumption on the premises where sold and (ii) from | ||
the sale of
food, alcoholic beverages, and soft drinks sold for | ||
consumption off the
premises where sold by a retailer whose | ||
principal source of gross receipts
is from the sale of food, | ||
alcoholic beverages, and soft drinks prepared for
immediate | ||
consumption.
| ||
The tax imposed under this subsection and all civil | ||
penalties that may
be assessed as an incident to that tax shall | ||
be collected and enforced by the
Illinois Department of | ||
Revenue. The Department shall have full power to
administer and | ||
enforce this subsection, to collect all taxes and penalties so
| ||
collected in the manner provided in this subsection, and to | ||
determine all
rights to credit memoranda arising on account of | ||
the erroneous payment of
tax or penalty under this subsection. | ||
In the administration of and
compliance with this subsection, | ||
the Department and persons who are subject
to this subsection | ||
shall have the same rights, remedies, privileges,
immunities, | ||
powers, and duties, shall be subject to the same conditions,
| ||
restrictions, limitations, penalties, exclusions, exemptions, | ||
and
definitions of terms, and shall employ the same modes of | ||
procedure
applicable to this Retailers' Occupation Tax as are | ||
prescribed in Sections
1, 2 through 2-65 (in respect to all | ||
provisions of those Sections other
than the State rate of | ||
taxes), 2c, 2h, 2i, 3 (except as to the disposition
of taxes | ||
and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i,
| ||
5j, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 12, 13, and, until January |
1, 1994, 13.5
of the Retailers' Occupation Tax Act, and, on and | ||
after January 1, 1994, all
applicable provisions of the Uniform | ||
Penalty and Interest Act that are not
inconsistent with this | ||
Act, as fully as if provisions contained in those
Sections of | ||
the Retailers' Occupation Tax Act were set forth in this
| ||
subsection.
| ||
Persons subject to any tax imposed under the authority | ||
granted in
this subsection may reimburse themselves for their | ||
seller's tax liability
under this subsection by separately | ||
stating that tax as an additional
charge, which charge may be | ||
stated in combination, in a single amount, with
State taxes | ||
that sellers are required to collect under the Use Tax Act,
| ||
pursuant to bracket schedules as the Department may prescribe.
| ||
The retailer filing the return shall, at the time of filing the
| ||
return, pay to the Department the amount of tax imposed under | ||
this
subsection, less a discount of 1.75%, which is allowed to | ||
reimburse the
retailer for the expenses incurred in keeping | ||
records, preparing and
filing returns, remitting the tax, and | ||
supplying data to the Department on
request.
| ||
Whenever the Department determines that a refund should be | ||
made under
this subsection to a claimant instead of issuing a | ||
credit memorandum, the
Department shall notify the State | ||
Comptroller, who shall cause a warrant
to be drawn for the | ||
amount specified and to the person named in the
notification | ||
from the Department. The refund shall be paid by the State
| ||
Treasurer out of the Metropolitan Pier and Exposition Authority |
trust fund
held by the State Treasurer as trustee for the | ||
Authority.
| ||
Nothing in this subsection authorizes the Authority to | ||
impose a tax upon
the privilege of engaging in any business | ||
that under the Constitution of
the United States may not be | ||
made the subject of taxation by this State.
| ||
The Department shall forthwith pay over to the State | ||
Treasurer, ex
officio, as trustee for the Authority, all taxes | ||
and penalties collected
under this subsection for deposit into | ||
a trust fund held outside of the
State Treasury. | ||
As soon as possible after the first day of each month, | ||
beginning January 1, 2011, upon certification of the Department | ||
of Revenue, the Comptroller shall order transferred, and the | ||
Treasurer shall transfer, to the STAR Bonds Revenue Fund the | ||
local sales tax increment, as defined in the Innovation | ||
Development and Economy Act, collected under this subsection | ||
during the second preceding calendar month for sales within a | ||
STAR bond district. | ||
After the monthly transfer to the STAR Bonds Revenue Fund, | ||
on or before the 25th day of each calendar month, the
| ||
Department shall prepare and certify to the Comptroller the | ||
amounts to be
paid under subsection (g) of this Section, which | ||
shall be the amounts, not
including credit memoranda, collected | ||
under this subsection during the second
preceding calendar | ||
month by the Department, less any amounts determined by the
| ||
Department to be necessary for the payment of refunds, less 2% |
of such
balance, which sum shall be deposited by the State | ||
Treasurer into the Tax
Compliance and Administration Fund in | ||
the State Treasury from which it shall be
appropriated to the | ||
Department to cover the costs of the Department in
| ||
administering and enforcing the provisions of this subsection, | ||
and less any amounts that are transferred to the STAR Bonds | ||
Revenue Fund. Within 10 days
after receipt by the Comptroller | ||
of the certification, the Comptroller shall
cause the orders to | ||
be drawn for the remaining amounts, and the Treasurer shall
| ||
administer those amounts as required in subsection (g).
| ||
A certificate of registration issued by the Illinois | ||
Department of Revenue
to a retailer under the Retailers' | ||
Occupation Tax Act shall permit the
registrant to engage in a | ||
business that is taxed under the tax imposed
under this | ||
subsection, and no additional registration shall be required
| ||
under the ordinance imposing the tax or under this subsection.
| ||
A certified copy of any ordinance imposing or discontinuing | ||
any tax under
this subsection or effecting a change in the rate | ||
of that tax shall be
filed with the Department, whereupon the | ||
Department shall proceed to
administer and enforce this | ||
subsection on behalf of the Authority as of the
first day of | ||
the third calendar month following the date of filing.
| ||
The tax authorized to be levied under this subsection may | ||
be levied within
all or any part of the following described | ||
portions of the metropolitan area:
| ||
(1) that portion of the City of Chicago located within |
the following
area: Beginning at the point of intersection | ||
of the Cook County - DuPage
County line and York Road, then | ||
North along York Road to its intersection
with Touhy | ||
Avenue, then east along Touhy Avenue to its intersection | ||
with
the Northwest Tollway, then southeast along the | ||
Northwest Tollway to its
intersection with Lee Street, then | ||
south along Lee Street to Higgins Road,
then south and east | ||
along Higgins Road to its intersection with Mannheim
Road, | ||
then south along Mannheim Road to its intersection with | ||
Irving Park
Road, then west along Irving Park Road to its | ||
intersection with the Cook
County - DuPage County line, | ||
then north and west along the county line to
the point of | ||
beginning; and
| ||
(2) that portion of the City of Chicago located within | ||
the following
area: Beginning at the intersection of West | ||
55th Street with Central
Avenue, then east along West 55th | ||
Street to its intersection with South
Cicero Avenue, then | ||
south along South Cicero Avenue to its intersection
with | ||
West 63rd Street, then west along West 63rd Street to its | ||
intersection
with South Central Avenue, then north along | ||
South Central Avenue to the
point of beginning; and
| ||
(3) that portion of the City of Chicago located within | ||
the following
area: Beginning at the point 150 feet west of | ||
the intersection of the west
line of North Ashland Avenue | ||
and the north line of West Diversey Avenue,
then north 150 | ||
feet, then east along a line 150 feet north of the north
|
line of West Diversey Avenue extended to the shoreline of | ||
Lake Michigan,
then following the shoreline of Lake | ||
Michigan (including Navy Pier and all
other improvements | ||
fixed to land, docks, or piers) to the point where the
| ||
shoreline of Lake Michigan and the Adlai E. Stevenson | ||
Expressway extended
east to that shoreline intersect, then | ||
west along the Adlai E. Stevenson
Expressway to a point 150 | ||
feet west of the west line of South Ashland
Avenue, then | ||
north along a line 150 feet west of the west line of South | ||
and
North Ashland Avenue to the point of beginning.
| ||
The tax authorized to be levied under this subsection may | ||
also be
levied on food, alcoholic beverages, and soft drinks | ||
sold on boats and
other watercraft departing from and returning | ||
to the shoreline of Lake
Michigan (including Navy Pier and all | ||
other improvements fixed to land,
docks, or piers) described in | ||
item (3).
| ||
(c) By ordinance the Authority shall, as soon as | ||
practicable after July 1, 1992 ( the
effective date of Public | ||
Act 87-733) this amendatory Act of 1991 , impose an occupation | ||
tax
upon all persons engaged in the corporate limits of the | ||
City of Chicago in
the business of renting, leasing, or letting | ||
rooms in a hotel, as defined
in the Hotel Operators' Occupation | ||
Tax Act, at a rate of 2.5% of the gross
rental receipts from | ||
the renting, leasing, or letting of hotel rooms within
the City | ||
of Chicago, excluding, however, from gross rental receipts
the | ||
proceeds of renting, leasing, or letting to permanent residents |
of
a hotel, as defined in that Act. Gross rental receipts shall | ||
not include
charges that are added on account of the liability | ||
arising from any tax
imposed by the State or any governmental | ||
agency on the occupation of
renting, leasing, or letting rooms | ||
in a hotel.
| ||
The tax imposed by the Authority under this subsection and | ||
all civil
penalties that may be assessed as an incident to that | ||
tax shall be collected
and enforced by the Illinois Department | ||
of Revenue. The certificate of
registration that is issued by | ||
the Department to a lessor under the Hotel
Operators' | ||
Occupation Tax Act shall permit that registrant to engage in a
| ||
business that is taxable under any ordinance enacted under this
| ||
subsection without registering separately with the Department | ||
under that
ordinance or under this subsection. The Department | ||
shall have full power to
administer and enforce this | ||
subsection, to collect all taxes and penalties
due under this | ||
subsection, to dispose of taxes and penalties so collected
in | ||
the manner provided in this subsection, and to determine all | ||
rights to
credit memoranda arising on account of the erroneous | ||
payment of tax or
penalty under this subsection. In the | ||
administration of and compliance with
this subsection, the | ||
Department and persons who are subject to this
subsection shall | ||
have the same rights, remedies, privileges, immunities,
| ||
powers, and duties, shall be subject to the same conditions, | ||
restrictions,
limitations, penalties, and definitions of | ||
terms, and shall employ the same
modes of procedure as are |
prescribed in the Hotel Operators' Occupation Tax
Act (except | ||
where that Act is inconsistent with this subsection), as fully
| ||
as if the provisions contained in the Hotel Operators' | ||
Occupation Tax Act
were set out in this subsection.
| ||
Whenever the Department determines that a refund should be | ||
made under
this subsection to a claimant instead of issuing a | ||
credit memorandum, the
Department shall notify the State | ||
Comptroller, who shall cause a warrant
to be drawn for the | ||
amount specified and to the person named in the
notification | ||
from the Department. The refund shall be paid by the State
| ||
Treasurer out of the Metropolitan Pier and Exposition Authority | ||
trust fund
held by the State Treasurer as trustee for the | ||
Authority.
| ||
Persons subject to any tax imposed under the authority | ||
granted in
this subsection may reimburse themselves for their | ||
tax liability for that
tax by separately stating that tax as an | ||
additional charge,
which charge may be stated in combination, | ||
in a single amount, with State
taxes imposed under the Hotel | ||
Operators' Occupation Tax Act, the
municipal tax imposed under | ||
Section 8-3-13 of the Illinois Municipal
Code, and the tax | ||
imposed under Section 19 of the Illinois Sports
Facilities | ||
Authority Act.
| ||
The person filing the return shall, at the time of filing | ||
the return,
pay to the Department the amount of tax, less a | ||
discount of 2.1% or $25 per
calendar year, whichever is | ||
greater, which is allowed to reimburse the
operator for the |
expenses incurred in keeping records, preparing and filing
| ||
returns, remitting the tax, and supplying data to the | ||
Department on request.
| ||
Except as otherwise provided in this paragraph, the | ||
Department shall forthwith pay over to the State Treasurer,
ex | ||
officio, as trustee for the Authority, all taxes and penalties | ||
collected
under this subsection for deposit into a trust fund | ||
held outside the State
Treasury. On or before the 25th day of | ||
each calendar month, the Department
shall certify to the | ||
Comptroller the amounts to be paid under subsection
(g) of this | ||
Section, which shall be the amounts (not including credit
| ||
memoranda) collected under this subsection during the second | ||
preceding
calendar month by the Department, less any amounts | ||
determined by the
Department to be necessary for payment of | ||
refunds, less 2% of the remainder, which the Department shall | ||
transfer into the Tax Compliance and Administration Fund. The | ||
Department, at the time of each monthly disbursement to the | ||
Authority, shall prepare and certify to the State Comptroller | ||
the amount to be transferred into the Tax Compliance and | ||
Administration Fund under this subsection. Within 10 days after
| ||
receipt by the Comptroller of the Department's certification, | ||
the
Comptroller shall cause the orders to be drawn for such | ||
amounts, and the
Treasurer shall administer the amounts | ||
distributed to the Authority as required in subsection (g).
| ||
A certified copy of any ordinance imposing or discontinuing | ||
a tax under this
subsection or effecting a change in the rate |
of that tax shall be filed with
the Illinois Department of | ||
Revenue, whereupon the Department shall proceed to
administer | ||
and enforce this subsection on behalf of the Authority as of | ||
the
first day of the third calendar month following the date of | ||
filing.
| ||
(d) By ordinance the Authority shall, as soon as | ||
practicable after July 1, 1992 ( the
effective date of Public | ||
Act 87-733) this amendatory Act of 1991 , impose a tax
upon all | ||
persons engaged in the business of renting automobiles in the
| ||
metropolitan area at the rate of 6% of the gross
receipts from | ||
that business, except that no tax shall be imposed on the
| ||
business of renting automobiles for use as taxicabs or in | ||
livery service.
The tax imposed under this subsection and all | ||
civil penalties that may be
assessed as an incident to that tax | ||
shall be collected and enforced by the
Illinois Department of | ||
Revenue. The certificate of registration issued by
the | ||
Department to a retailer under the Retailers' Occupation Tax | ||
Act or
under the Automobile Renting Occupation and Use Tax Act | ||
shall permit that
person to engage in a business that is | ||
taxable under any ordinance enacted
under this subsection | ||
without registering separately with the Department
under that | ||
ordinance or under this subsection. The Department shall have
| ||
full power to administer and enforce this subsection, to | ||
collect all taxes
and penalties due under this subsection, to | ||
dispose of taxes and penalties
so collected in the manner | ||
provided in this subsection, and to determine
all rights to |
credit memoranda arising on account of the erroneous payment
of | ||
tax or penalty under this subsection. In the administration of | ||
and
compliance with this subsection, the Department and persons | ||
who are subject
to this subsection shall have the same rights, | ||
remedies, privileges,
immunities, powers, and duties, be | ||
subject to the same conditions,
restrictions, limitations, | ||
penalties, and definitions of terms, and employ
the same modes | ||
of procedure as are prescribed in Sections 2 and 3 (in
respect | ||
to all provisions of those Sections other than the State rate | ||
of
tax; and in respect to the provisions of the Retailers' | ||
Occupation Tax Act
referred to in those Sections, except as to | ||
the disposition of taxes and
penalties collected, except for | ||
the provision allowing retailers a
deduction from the tax to | ||
cover certain costs, and except that credit
memoranda issued | ||
under this subsection may not be used to discharge any
State | ||
tax liability) of the Automobile Renting Occupation and Use Tax | ||
Act,
as fully as if provisions contained in those Sections of | ||
that Act were set
forth in this subsection.
| ||
Persons subject to any tax imposed under the authority | ||
granted in
this subsection may reimburse themselves for their | ||
tax liability under this
subsection by separately stating that | ||
tax as an additional charge, which
charge may be stated in | ||
combination, in a single amount, with State tax
that sellers | ||
are required to collect under the Automobile Renting
Occupation | ||
and Use Tax Act, pursuant to bracket schedules as the | ||
Department
may prescribe.
|
Whenever the Department determines that a refund should be | ||
made under
this subsection to a claimant instead of issuing a | ||
credit memorandum, the
Department shall notify the State | ||
Comptroller, who shall cause a warrant to
be drawn for the | ||
amount specified and to the person named in the
notification | ||
from the Department. The refund shall be paid by the State
| ||
Treasurer out of the Metropolitan Pier and Exposition Authority | ||
trust fund
held by the State Treasurer as trustee for the | ||
Authority.
| ||
Except as otherwise provided in this paragraph, the | ||
Department shall forthwith pay over to the State Treasurer, ex | ||
officio,
as trustee, all taxes and penalties collected under | ||
this subsection for
deposit into a trust fund held outside the | ||
State Treasury. On or before the
25th day of each calendar | ||
month, the Department shall certify
to the Comptroller the | ||
amounts to be paid under subsection (g) of this
Section (not | ||
including credit memoranda) collected under this subsection
| ||
during the second preceding calendar month by the Department, | ||
less any
amount determined by the Department to be necessary | ||
for payment of refunds, less 2% of the remainder, which the | ||
Department shall transfer into the Tax Compliance and | ||
Administration Fund. The Department, at the time of each | ||
monthly disbursement to the Authority, shall prepare and | ||
certify to the State Comptroller the amount to be transferred | ||
into the Tax Compliance and Administration Fund under this | ||
subsection.
Within 10 days after receipt by the Comptroller of |
the Department's
certification, the Comptroller shall cause | ||
the orders to be drawn for such
amounts, and the Treasurer | ||
shall administer the amounts distributed to the Authority as | ||
required in
subsection (g).
| ||
Nothing in this subsection authorizes the Authority to | ||
impose a tax upon
the privilege of engaging in any business | ||
that under the Constitution of
the United States may not be | ||
made the subject of taxation by this State.
| ||
A certified copy of any ordinance imposing or discontinuing | ||
a tax under
this subsection or effecting a change in the rate | ||
of that tax shall be
filed with the Illinois Department of | ||
Revenue, whereupon the Department
shall proceed to administer | ||
and enforce this subsection on behalf of the
Authority as of | ||
the first day of the third calendar month following the
date of | ||
filing.
| ||
(e) By ordinance the Authority shall, as soon as | ||
practicable after July 1, 1992 ( the
effective date of Public | ||
Act 87-733) this amendatory Act of 1991 , impose a tax upon the
| ||
privilege of using in the metropolitan area an automobile that | ||
is rented
from a rentor outside Illinois and is titled or | ||
registered with an agency
of this State's government at a rate | ||
of 6% of the rental price of that
automobile, except that no | ||
tax shall be imposed on the privilege of using
automobiles | ||
rented for use as taxicabs or in livery service. The tax shall
| ||
be collected from persons whose Illinois address for titling or
| ||
registration purposes is given as being in the metropolitan |
area. The tax
shall be collected by the Department of Revenue | ||
for the Authority. The tax
must be paid to the State or an | ||
exemption determination must be obtained
from the Department of | ||
Revenue before the title or certificate of
registration for the | ||
property may be issued. The tax or proof of exemption
may be | ||
transmitted to the Department by way of the State agency with | ||
which
or State officer with whom the tangible personal property | ||
must be titled or
registered if the Department and that agency | ||
or State officer determine
that this procedure will expedite | ||
the processing of applications for title
or registration.
| ||
The Department shall have full power to administer and | ||
enforce this
subsection, to collect all taxes, penalties, and | ||
interest due under this
subsection, to dispose of taxes, | ||
penalties, and interest so collected in
the manner provided in | ||
this subsection, and to determine all rights to
credit | ||
memoranda or refunds arising on account of the erroneous | ||
payment of
tax, penalty, or interest under this subsection. In | ||
the administration of
and compliance with this subsection, the | ||
Department and persons who are
subject to this subsection shall | ||
have the same rights, remedies,
privileges, immunities, | ||
powers, and duties, be subject to the same
conditions, | ||
restrictions, limitations, penalties, and definitions of | ||
terms,
and employ the same modes of procedure as are prescribed | ||
in Sections 2 and
4 (except provisions pertaining to the State | ||
rate of tax; and in respect to
the provisions of the Use Tax | ||
Act referred to in that Section, except
provisions concerning |
collection or refunding of the tax by retailers,
except the | ||
provisions of Section 19 pertaining to claims by retailers,
| ||
except the last paragraph concerning refunds, and except that | ||
credit
memoranda issued under this subsection may not be used | ||
to discharge any
State tax liability) of the Automobile Renting | ||
Occupation and Use Tax Act,
as fully as if provisions contained | ||
in those Sections of that Act were set
forth in this | ||
subsection.
| ||
Whenever the Department determines that a refund should be | ||
made under this
subsection to a claimant instead of issuing a | ||
credit memorandum, the Department
shall notify the State | ||
Comptroller, who shall cause a warrant to be drawn
for the | ||
amount specified and to the person named in the notification
| ||
from the Department. The refund shall be paid by the State | ||
Treasurer out
of the Metropolitan Pier and Exposition Authority | ||
trust fund held by the
State Treasurer as trustee for the | ||
Authority.
| ||
Except as otherwise provided in this paragraph, the | ||
Department shall forthwith pay over to the State Treasurer, ex | ||
officio,
as trustee, all taxes, penalties, and interest | ||
collected under this
subsection for deposit into a trust fund | ||
held outside the State Treasury.
On or before the 25th day of | ||
each calendar month, the Department shall
certify to the State | ||
Comptroller the amounts to be paid under subsection
(g) of this | ||
Section, which shall be the amounts (not including credit
| ||
memoranda) collected under this subsection during the second |
preceding
calendar month by the Department, less any amounts | ||
determined by the
Department to be necessary for payment of | ||
refunds, less 2% of the remainder, which the Department shall | ||
transfer into the Tax Compliance and Administration Fund. The | ||
Department, at the time of each monthly disbursement to the | ||
Authority, shall prepare and certify to the State Comptroller | ||
the amount to be transferred into the Tax Compliance and | ||
Administration Fund under this subsection. Within 10 days after
| ||
receipt by the State Comptroller of the Department's | ||
certification, the
Comptroller shall cause the orders to be | ||
drawn for such amounts, and the
Treasurer shall administer the | ||
amounts distributed to the Authority as required in subsection | ||
(g).
| ||
A certified copy of any ordinance imposing or discontinuing | ||
a tax or
effecting a change in the rate of that tax shall be | ||
filed with the Illinois
Department of Revenue, whereupon the | ||
Department shall proceed to administer
and enforce this | ||
subsection on behalf of the Authority as of the first day
of | ||
the third calendar month following the date of filing.
| ||
(f) By ordinance the Authority shall, as soon as | ||
practicable after July 1, 1992 ( the
effective date of Public | ||
Act 87-733) this amendatory Act of 1991 , impose an occupation | ||
tax on all
persons, other than a governmental agency, engaged | ||
in the business of
providing ground transportation for hire to | ||
passengers in the metropolitan
area at a rate of (i) $4 per | ||
taxi or livery vehicle departure with
passengers for hire from |
commercial service airports in the metropolitan
area, (ii) for | ||
each departure with passengers for hire from a commercial
| ||
service airport in the metropolitan area in a bus or van | ||
operated by a
person other than a person described in item | ||
(iii): $18 per bus or van with
a capacity of 1-12 passengers, | ||
$36 per bus or van with a capacity of 13-24
passengers, and $54 | ||
per bus or van with a capacity of over 24 passengers,
and (iii) | ||
for each departure with passengers for hire from a commercial
| ||
service airport in the metropolitan area in a bus or van | ||
operated by a
person regulated by the Interstate Commerce | ||
Commission or Illinois Commerce
Commission, operating | ||
scheduled service from the airport, and charging fares on
a per | ||
passenger basis: $2 per passenger for hire in each bus or van. | ||
The term
"commercial service airports" means those airports | ||
receiving scheduled
passenger service and enplaning more than | ||
100,000 passengers per year.
| ||
In the ordinance imposing the tax, the Authority may | ||
provide for the
administration and enforcement of the tax and | ||
the collection of the tax
from persons subject to the tax as | ||
the Authority determines to be necessary
or practicable for the | ||
effective administration of the tax. The Authority
may enter | ||
into agreements as it deems appropriate with any governmental
| ||
agency providing for that agency to act as the Authority's | ||
agent to
collect the tax.
| ||
In the ordinance imposing the tax, the Authority may | ||
designate a method or
methods for persons subject to the tax to |
reimburse themselves for the tax
liability arising under the | ||
ordinance (i) by separately stating the full
amount of the tax | ||
liability as an additional charge to passengers departing
the | ||
airports, (ii) by separately stating one-half of the tax | ||
liability as
an additional charge to both passengers departing | ||
from and to passengers
arriving at the airports, or (iii) by | ||
some other method determined by the
Authority.
| ||
All taxes, penalties, and interest collected under any | ||
ordinance adopted
under this subsection, less any amounts | ||
determined to be necessary for the
payment of refunds and less | ||
the taxes, penalties, and interest attributable to any increase | ||
in the rate of tax authorized by Public Act 96-898, shall be | ||
paid forthwith to the State Treasurer, ex
officio, for deposit | ||
into a trust fund held outside the State Treasury and
shall be | ||
administered by the State Treasurer as provided in subsection | ||
(g)
of this Section. All taxes, penalties, and interest | ||
attributable to any increase in the rate of tax authorized by | ||
Public Act 96-898 shall be paid by the State Treasurer as | ||
follows: 25% for deposit into the Convention Center Support | ||
Fund, to be used by the Village of Rosemont for the repair, | ||
maintenance, and improvement of the Donald E. Stephens | ||
Convention Center and for debt service on debt instruments | ||
issued for those purposes by the village and 75% to the | ||
Authority to be used for grants to an organization meeting the | ||
qualifications set out in Section 5.6 of this Act, provided the | ||
Metropolitan Pier and Exposition Authority has entered into a |
marketing agreement with such an organization.
| ||
(g) Amounts deposited from the proceeds of taxes imposed by | ||
the
Authority under subsections (b), (c), (d), (e), and (f) of | ||
this Section and
amounts deposited under Section 19 of the | ||
Illinois Sports Facilities
Authority Act shall be held in a | ||
trust fund outside the State Treasury and, other than the | ||
amounts transferred into the Tax Compliance and Administration | ||
Fund under subsections (b), (c), (d), and (e),
shall be | ||
administered by the Treasurer as follows: | ||
(1) An amount necessary for the payment of refunds with | ||
respect to those taxes shall be retained in the trust fund | ||
and used for those payments. | ||
(2) On July 20 and on the 20th of each month | ||
thereafter, provided that the amount requested in the | ||
annual certificate of the Chairman of the Authority filed | ||
under Section 8.25f of the State Finance Act has been | ||
appropriated for payment to the Authority, 1/8 of the local | ||
tax transfer amount, together with any cumulative | ||
deficiencies in the amounts transferred into the McCormick | ||
Place Expansion Project Fund under this subparagraph (2) | ||
during the fiscal year for which the certificate has been | ||
filed, shall be transferred from the trust fund into the | ||
McCormick Place Expansion Project Fund in the State | ||
treasury until 100% of the local tax transfer amount has | ||
been so transferred. "Local tax transfer amount" shall mean | ||
the amount requested in the annual certificate, minus the |
reduction amount. "Reduction amount" shall mean $41.7 | ||
million in fiscal year 2011, $36.7 million in fiscal year | ||
2012, $36.7 million in fiscal year 2013, $36.7 million in | ||
fiscal year 2014, and $31.7 million in each fiscal year | ||
thereafter until 2032, provided that the reduction amount | ||
shall be reduced by (i) the amount certified by the | ||
Authority to the State Comptroller and State Treasurer | ||
under Section 8.25 of the State Finance Act, as amended, | ||
with respect to that fiscal year and (ii) in any fiscal | ||
year in which the amounts deposited in the trust fund under | ||
this Section exceed $318.3 million, exclusive of amounts | ||
set aside for refunds and for the reserve account, one | ||
dollar for each dollar of the deposits in the trust fund | ||
above $318.3 million with respect to that year, exclusive | ||
of amounts set aside for refunds and for the reserve | ||
account. | ||
(3) On July 20, 2010, the Comptroller shall certify to | ||
the Governor, the Treasurer, and the Chairman of the | ||
Authority the 2010 deficiency amount, which means the | ||
cumulative amount of transfers that were due from the trust | ||
fund to the McCormick Place Expansion Project Fund in | ||
fiscal years 2008, 2009, and 2010 under Section 13(g) of | ||
this Act, as it existed prior to May 27, 2010 (the | ||
effective date of Public Act 96-898), but not made. On July | ||
20, 2011 and on July 20 of each year through July 20, 2014, | ||
the Treasurer shall calculate for the previous fiscal year |
the surplus revenues in the trust fund and pay that amount | ||
to the Authority. On July 20, 2015 and on July 20 of each | ||
year thereafter to and including July 20, 2017, as long as | ||
bonds and notes issued under Section 13.2 or bonds and | ||
notes issued to refund those bonds and notes are | ||
outstanding, the Treasurer shall calculate for the | ||
previous fiscal year the surplus revenues in the trust fund | ||
and pay one-half of that amount to the State Treasurer for | ||
deposit into the General Revenue Fund until the 2010 | ||
deficiency amount has been paid and shall pay the balance | ||
of the surplus revenues to the Authority. On July 20, 2018 | ||
and on July 20 of each year thereafter, the Treasurer shall | ||
calculate for the previous fiscal year the surplus revenues | ||
in the trust fund and pay all of such surplus revenues to | ||
the State Treasurer for deposit into the General Revenue | ||
Fund until the 2010 deficiency amount has been paid. After | ||
the 2010 deficiency amount has been paid, the Treasurer | ||
shall pay the balance of the surplus revenues to the | ||
Authority. "Surplus revenues" means the amounts remaining | ||
in the trust fund on June 30 of the previous fiscal year | ||
(A) after the State Treasurer has set aside in the trust | ||
fund (i) amounts retained for refunds under subparagraph | ||
(1) and (ii) any amounts necessary to meet the reserve | ||
account amount and (B) after the State Treasurer has | ||
transferred from the trust fund to the General Revenue Fund | ||
100% of any post-2010 deficiency amount. "Reserve account |
amount" means $15 million in fiscal year 2011 and $30 | ||
million in each fiscal year thereafter. The reserve account | ||
amount shall be set aside in the trust fund and used as a | ||
reserve to be transferred to the McCormick Place Expansion | ||
Project Fund in the event the proceeds of taxes imposed | ||
under this Section 13 are not sufficient to fund the | ||
transfer required in subparagraph (2). "Post-2010 | ||
deficiency amount" means any deficiency in transfers from | ||
the trust fund to the McCormick Place Expansion Project | ||
Fund with respect to fiscal years 2011 and thereafter. It | ||
is the intention of this subparagraph (3) that no surplus | ||
revenues shall be paid to the Authority with respect to any | ||
year in which a post-2010 deficiency amount has not been | ||
satisfied by the Authority. | ||
Moneys received by the Authority as surplus revenues may be | ||
used (i) for the purposes of paying debt service on the bonds | ||
and notes issued by the Authority, including early redemption | ||
of those bonds or notes, (ii) for the purposes of repair, | ||
replacement, and improvement of the grounds, buildings, and | ||
facilities of the Authority, and (iii) for the corporate | ||
purposes of the Authority in fiscal years 2011 through 2015 in | ||
an amount not to exceed $20,000,000 annually or $80,000,000 | ||
total, which amount shall be reduced $0.75 for each dollar of | ||
the receipts of the Authority in that year from any contract | ||
entered into with respect to naming rights at McCormick Place | ||
under Section 5(m) of this Act. When bonds and notes issued |
under Section 13.2, or bonds or notes issued to refund those | ||
bonds and notes, are no longer outstanding, the balance in the | ||
trust fund shall be paid to the Authority.
| ||
(h) The ordinances imposing the taxes authorized by this | ||
Section shall
be repealed when bonds and notes issued under | ||
Section 13.2 or bonds and
notes issued to refund those bonds | ||
and notes are no longer outstanding.
| ||
(Source: P.A. 100-23, Article 5, Section 5-35, eff. 7-6-17; | ||
100-23, Article 35, Section 35-25, eff. 7-6-17; revised | ||
8-15-17.)
| ||
Section 265. The Local Mass Transit District Act is amended | ||
by changing Section 8 as follows:
| ||
(70 ILCS 3610/8) (from Ch. 111 2/3, par. 358)
| ||
Sec. 8.
Every District shall be subject to the provisions | ||
of the Public Utilities Act "An Act
concerning public | ||
utilities", approved June 29, 1921, as heretofore and
hereafter | ||
amended .
| ||
(Source: Laws 1959, p. 1635; revised 10-3-17.)
| ||
Section 270. The Regional Transportation Authority Act is | ||
amended by changing Sections 2.02, 2.06, and 2.21 as follows:
| ||
(70 ILCS 3615/2.02) (from Ch. 111 2/3, par. 702.02)
| ||
Sec. 2.02. Purchase of service contracts; grants Service |
Contracts - Grants . | ||
(a) The Service Boards
may purchase public transportation | ||
from transportation agencies upon
such terms and conditions as | ||
may be set forth in purchase of service
agreements between the | ||
Service Boards and the transportation agencies.
| ||
(b) Grants may be made either by: (i) the Authority to a | ||
Service
Board; or (ii) a Service Board to either a | ||
transportation agency or another
Service Board, all for
| ||
operating and other expenses, or for developing or planning | ||
public
transportation or for constructing or acquiring public | ||
transportation
facilities, all upon such terms and conditions | ||
as that Service Board or
the Authority shall
prescribe or as | ||
that Service Board and the Authority or that Service
Board and | ||
the transportation
agency shall agree
in any grant contract.
| ||
(c) The Board shall adopt, to the extent it determines | ||
feasible,
guidelines setting forth uniform standards for the | ||
making of grants and
purchase of service agreements. Such grant | ||
contracts contacts or purchase of
service agreements may be for | ||
such number of years or duration as the
parties shall agree.
| ||
Any purchase of service agreement with a transportation | ||
agency which
is not a public body shall be upon terms and | ||
conditions which will allow
the transportation agency to | ||
receive for the public transportation
provided pursuant to the | ||
agreement net income, after reasonable
deductions for | ||
depreciation and other proper and necessary reserves,
equal to | ||
an amount which is a reasonable return upon the value of such
|
portion of the transportation agency's property as is used and | ||
useful in
rendering such transportation service. This | ||
paragraph shall be construed
in a manner consistent with the | ||
principles applicable to such a
transportation agency in rate | ||
proceedings under the Public Utilities Act "An Act concerning
| ||
public utilities", approved June 29, 1921, as now or hereafter | ||
amended .
This paragraph shall not be construed to provide for | ||
the funding of
reserves or guarantee that such a transportation | ||
agency shall in fact
receive any return. A Service Board shall, | ||
within
180 days after receiving
a written request from a | ||
transportation agency which is not a public
body, tender and | ||
offer to enter into with such transportation agency a
purchase | ||
of service agreement that is in conformity with this Act and
| ||
that covers the public transportation services by rail (other | ||
than
experimental or demonstration services) which such agency | ||
is providing
at the time of such request and which services | ||
either were in operation
for at least one year immediately | ||
preceding the effective date of this
Act or were in operation | ||
pursuant to a purchase of service or grant
agreement with the | ||
Authority or Service Board. No such tender by a
Service Board | ||
need be
made before April 1, 1975. The first purchase of | ||
service agreement so
requested shall not, unless the parties | ||
agree otherwise, become
effective prior to June 30, 1975. If, | ||
following such a request and
tender, a Service Board and the | ||
transportation agency
do not agree upon
the amount of | ||
compensation to be provided to the agency by the Service
Board
|
under the purchase of service agreement or fares and charges | ||
under the
purchase of service agreement, either of them may | ||
submit such unresolved
issues to the Illinois Commerce | ||
Commission for determination. The
Commission shall determine | ||
the unresolved issues in conformity with this
Act. The | ||
Commission's determination shall be set forth in writing,
| ||
together with such terms as are agreed by the parties and any | ||
other
unresolved terms as tendered by the Service Board, in
a | ||
single document
which shall constitute the entire purchase of | ||
service agreement between
the Service Board and the | ||
transportation agency, which
agreement, in the
absence of | ||
contrary agreement by the parties, shall be for a term of 3
| ||
years effective as of July 1, 1975, or, if the agreement is | ||
requested to
succeed a currently effective or recently expired | ||
purchase of service
agreement between the parties, as of the | ||
date of such expiration. The
decision of the Commission shall | ||
be binding upon the Service Board and the
transportation | ||
agency, subject to judicial review as provided in the Public | ||
Utilities Act "An Act
concerning public utilities", as approved | ||
June 29, 1921, as now or
hereafter amended , but the parties may | ||
at any time mutually amend or
terminate a purchase of service | ||
agreement. Prompt settlement between the
parties shall be made | ||
of any sums owing under the terms of the purchase
of service | ||
agreement so established for public transportation services
| ||
performed on and after the effective date of any such | ||
agreement.
If the Authority reduces the amount of operating |
subsidy available to
a Service Board under the provisions of | ||
Section 4.09 or Section 4.11,
the Service Board shall,
from | ||
those funds available to it under Section 4.02, first discharge | ||
its
financial obligations under the terms of a purchase of | ||
service contract to
any transportation agency which is not a | ||
public
body, unless such transportation agency has failed to | ||
take any action
requested by the Service Board, which
under the | ||
terms of the purchase of service contract the Service Board can
| ||
require the transportation agency to take, which would have the | ||
effect
of reducing the financial obligation of the Service | ||
Board to the transportation
agency.
The provisions of this | ||
paragraph (c) shall not preclude a Service Board and a
| ||
transportation agency from otherwise entering into a purchase | ||
of service
or grant agreement in conformity with this Act or an | ||
agreement for the
Authority or a Service Board to purchase or a | ||
Service Board to operate
that agency's public transportation
| ||
facilities, and shall not limit the exercise of the right of | ||
eminent
domain by the Authority pursuant to this Act.
| ||
(d) Any transportation agency providing public | ||
transportation
pursuant to a purchase of service or grant | ||
agreement with the Authority
or a Service Board shall be | ||
subject to the " Illinois Human Rights
Act ", as now or
hereafter | ||
amended, and the remedies and procedures established
| ||
thereunder. Such agency shall file an affirmative action | ||
program for
employment by it with regard to public | ||
transportation so provided with
the Department of Human Rights
|
within one year of the purchase
of service or grant agreement, | ||
to ensure that applicants are employed
and that employees are | ||
treated during employment, without unlawful discrimination.
| ||
Such affirmative
action program shall include provisions | ||
relating to hiring, upgrading,
demotion, transfer, | ||
recruitment, recruitment advertising, selection for
training | ||
and rates of pay or other forms of compensation. No
unlawful | ||
discrimination as defined and prohibited in the Illinois Human
| ||
Rights Act in any such employment shall be made in any term or
| ||
aspect of employment and discrimination based upon
political | ||
reasons or factors shall be prohibited.
| ||
(e) A Service Board, subject to the provisions of paragraph | ||
(c) of this Section,
may not discriminate against a | ||
transportation agency with which it
has a purchase of service | ||
contract or grant agreement in any condition affecting
the | ||
operation of the public transportation facility including the | ||
level
of subsidy provided, the quality or standard of public | ||
transportation to
be provided or in meeting the financial | ||
obligations to transportation agencies
under the terms of a | ||
purchase of service or grant contract. Any transportation
| ||
agency that believes that a Service Board is discriminating | ||
against it may,
after attempting to resolve the alleged | ||
discrimination by meeting with the
Service Board with which it | ||
has a purchase of service or grant contract,
appeal to the | ||
Authority. The Board shall name 3 of its members, other than
a | ||
member of the board of the concerned Service Board, to serve as |
a panel
to arbitrate the dispute. The panel shall render a | ||
recommended decision
to the Board which shall be binding on the | ||
Service Board and the transportation
agency if adopted by the | ||
Board. The panel may not require the Service Board
to take any | ||
action which would increase the
operating budget of the Service | ||
Board. The decision of the Board shall
be enforceable in a | ||
court of general jurisdiction.
| ||
(Source: P.A. 83-885; 83-886; revised 10-3-17.)
| ||
(70 ILCS 3615/2.06) (from Ch. 111 2/3, par. 702.06)
| ||
Sec. 2.06. Use of streets and roads; relationship Streets | ||
and Roads - Relationship with Illinois Commerce Commission. | ||
(a) The Authority may for the benefit of a Service Board, | ||
by ordinance,
provide for special lanes for
exclusive or | ||
special use by public transportation vehicles with regard to
| ||
any roads, streets, ways, highways, bridges, toll highways or | ||
toll bridges
in the metropolitan region, notwithstanding any | ||
governmental statute,
ordinance or regulation to the contrary.
| ||
(b) The Authority, for the benefit of a Service Board, | ||
shall have
the power to use and, by ordinance, to
authorize any | ||
Service Board or transportation agency to use without
any | ||
franchise, charge,
permit or license any public road, street, | ||
way, highway, bridge, toll
highway or toll bridge within the | ||
metropolitan region for the provision of
public | ||
transportation. Transportation agencies which have purchase of
| ||
service agreements with a Service Board as to any
public |
transportation shall
not as to any aspect of such public | ||
transportation be subject to any
supervision, licensing or | ||
regulation imposed by any unit of local
government in the | ||
metropolitan region, except as may be specifically
authorized | ||
by the Authority and except for regular police supervision of
| ||
vehicular traffic.
| ||
(c) The Authority shall not be subject to the Public | ||
Utilities Act "An Act concerning public
utilities", approved | ||
June 29, 1921, as now or hereafter amended .
Transportation | ||
agencies which have any purchase of service agreement with
a | ||
Service Board shall not be subject to that Act as to any public
| ||
transportation which is the subject of such agreement. No | ||
contract or
agreement entered into by any transportation agency | ||
with a Service Board
shall be subject to approval of or | ||
regulation by the Illinois Commerce
Commission. If a Service | ||
Board shall determine that any particular public
| ||
transportation service provided by a transportation agency | ||
with which the
Service Board has a purchase of service | ||
agreement is not
necessary for the
public interest and shall, | ||
for that reason, decline to enter into any
purchase of service | ||
agreement for such particular service, then the
Service Board | ||
shall have no obligation pursuant to Section
2.02(c) to offer | ||
or
make a purchase of service agreement with respect to that | ||
particular
service and the transportation agency may | ||
discontinue the particular
service. Such discontinuation shall | ||
not be subject to the approval of or
regulation by the Illinois |
Commerce Commission. The acquisition by the
Authority by | ||
eminent domain of any property, from any transportation
agency, | ||
shall not be subject to the approval of or regulation by the
| ||
Illinois Commerce Commission, provided, however, that
the | ||
requirement in
Section 7-102 of the Code of Civil Procedure, as | ||
amended, requiring in certain
instances prior approval of the | ||
Illinois Commerce Commission for taking or
damaging of property | ||
of railroads or other public utilities shall continue
to apply | ||
as to any taking or damaging by the Authority
of any real | ||
property
of such a railroad not used for public transportation | ||
or of any real
property of such other public utility.
| ||
(Source: P.A. 83-885; 83-886; revised 10-3-17.)
| ||
(70 ILCS 3615/2.21) (from Ch. 111 2/3, par. 702.21)
| ||
Sec. 2.21.
(a) The Authority or the Commuter Rail Board may | ||
not in
the exercise of its powers to provide effective public | ||
transportation as
provided by this Act:
| ||
(i) require or authorize the operation of, or operate | ||
or acquire by
eminent domain or otherwise, any public | ||
transportation facility or service
on terms or in a manner | ||
which unreasonably interferes with the ability of a
| ||
railroad to provide efficient freight or inter-city | ||
passenger service. This
subparagraph shall not bar the | ||
Authority from acquiring title to any
property pursuant to | ||
Section 2.13 in a manner consistent with this
subparagraph.
| ||
(ii) obtain by eminent domain any interest in any right |
of way or any
other real property of a railroad which is | ||
not a public body in excess of
the interest to be used for | ||
public transportation as provided in this Act.
| ||
(iii) prohibit the operation of public transportation | ||
by a private carrier
that does not receive a grant or | ||
purchase of service contract from the Authority
or a | ||
Service Board.
| ||
(b) If in connection with any construction, acquisition, or | ||
other
activity undertaken by or for the Authority or a Service | ||
Board, or
pursuant to any purchase of
service or grant | ||
agreement with the Authority or a Service Board, any
facility | ||
of a public
utility (as defined in the Public Utilities Act "An | ||
Act concerning public utilities", approved June
29, 1921, as | ||
amended ), is removed or relocated from its then-existing site
| ||
all costs and expenses of such relocation or removal, including | ||
the cost of
installing such facilities in a new location or | ||
locations, and the cost of
any land or lands, or interest in | ||
land, or any rights required to
accomplish such relocation or | ||
removal, shall be paid by the Authority or
a Service Board. If
| ||
any such facilities are so relocated onto the properties of the | ||
Authority
or the Service Board
or onto properties made | ||
available for that purpose by the Authority or
the Service | ||
Board, there
shall be no rent, fee, or other charge of any kind | ||
imposed upon the public
utility owning or operating such | ||
facilities in excess of that imposed prior
to such relocation | ||
and such public utility, and its successors and assigns,
shall |
be granted the right to operate such facilities in the new | ||
location
or locations for as long a period and upon the same | ||
terms and conditions as
it had the right to maintain and | ||
operate such facilities in their former
location. Nothing in | ||
this paragraph (b) shall prevent the Authority or
the Service | ||
Board and a
transportation agency from agreeing in a purchase | ||
of service agreement or
otherwise to make different | ||
arrangements for such relocations or the costs
thereof.
| ||
(Source: P.A. 83-885; 83-886; revised 10-3-17.)
| ||
Section 275. The Water Commission Act of 1985 is amended by | ||
changing Section 4 as follows:
| ||
(70 ILCS 3720/4) (from Ch. 111 2/3, par. 254)
| ||
Sec. 4. Taxes. | ||
(a) The board of commissioners of any county water | ||
commission
may, by ordinance, impose throughout the territory | ||
of the commission any or
all of the taxes provided in this | ||
Section for its corporate purposes.
However, no county water | ||
commission may impose any such tax unless the
commission | ||
certifies the proposition of imposing the tax to the proper
| ||
election officials, who shall submit the proposition to the | ||
voters residing
in the territory at an election in accordance | ||
with the general election
law, and the proposition has been | ||
approved by a majority of those voting on
the proposition.
| ||
The proposition shall be in the form provided in Section 5 |
or shall be
substantially in the following form:
| ||
-------------------------------------------------------------
| ||
Shall the (insert corporate
| ||
name of county water commission) YES
| ||
impose (state type of tax or ------------------------
| ||
taxes to be imposed) at the NO
| ||
rate of 1/4%?
| ||
-------------------------------------------------------------
| ||
Taxes imposed under this Section and civil penalties | ||
imposed
incident thereto shall be collected and enforced by the | ||
State Department of
Revenue. The Department shall have the | ||
power to administer and enforce the
taxes and to determine all | ||
rights for refunds for erroneous payments of
the taxes.
| ||
(b) The board of commissioners may impose a County Water | ||
Commission
Retailers' Occupation Tax upon all persons engaged | ||
in the business of
selling tangible personal property at retail | ||
in the territory of the
commission at a rate of 1/4% of the | ||
gross receipts from the sales made in
the course of such | ||
business within the territory. The tax imposed under
this | ||
paragraph and all civil penalties that may be assessed as an | ||
incident
thereof shall be collected and enforced by the State | ||
Department of Revenue.
The Department shall have full power to | ||
administer and enforce this
paragraph; to collect all taxes and | ||
penalties due hereunder; to dispose of
taxes and penalties so | ||
collected in the manner hereinafter provided; and to
determine | ||
all rights to credit memoranda arising on account of the
|
erroneous payment of tax or penalty hereunder. In the | ||
administration of,
and compliance with, this paragraph, the | ||
Department and persons who are
subject to this paragraph shall | ||
have the same rights, remedies, privileges,
immunities, powers | ||
and duties, and be subject to the same conditions,
| ||
restrictions, limitations, penalties, exclusions, exemptions | ||
and
definitions of terms, and employ the same modes of | ||
procedure, as are
prescribed in Sections 1, 1a, 1a-1, 1c, 1d, | ||
1e, 1f, 1i, 1j, 2 through 2-65
(in respect to all provisions | ||
therein other than the State rate of tax
except that food for | ||
human consumption that is to be consumed off the
premises where | ||
it is sold (other than alcoholic beverages, soft drinks, and
| ||
food that has been prepared for immediate consumption) and | ||
prescription
and nonprescription medicine, drugs, medical | ||
appliances and insulin, urine
testing materials, syringes, and | ||
needles used by diabetics, for human use,
shall not be subject | ||
to tax hereunder), 2c, 3 (except as to the disposition
of taxes | ||
and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h,
| ||
5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12 , and 13 | ||
of
the Retailers' Occupation Tax Act and Section 3-7 of the | ||
Uniform Penalty
and Interest Act, as fully as if those | ||
provisions were set forth herein.
| ||
Persons subject to any tax imposed under the authority | ||
granted in this
paragraph may reimburse themselves for their | ||
seller's tax liability
hereunder by separately stating the tax | ||
as an additional charge, which
charge may be stated in |
combination, in a single amount, with State taxes
that sellers | ||
are required to collect under the Use Tax Act and under
| ||
subsection (e) of Section 4.03 of the Regional Transportation | ||
Authority
Act, in accordance with such bracket schedules as the | ||
Department may prescribe.
| ||
Whenever the Department determines that a refund should be | ||
made under this
paragraph to a claimant instead of issuing a | ||
credit memorandum, the Department
shall notify the State | ||
Comptroller, who shall cause the warrant to be drawn
for the | ||
amount specified, and to the person named, in the notification
| ||
from the Department. The refund shall be paid by the State | ||
Treasurer out
of a county water commission tax fund established | ||
under subsection paragraph (g) of
this Section.
| ||
For the purpose of determining whether a tax authorized | ||
under this paragraph
is applicable, a retail sale by a producer | ||
of coal or other mineral mined
in Illinois is a sale at retail | ||
at the place where the coal or other mineral
mined in Illinois | ||
is extracted from the earth. This paragraph does not
apply to | ||
coal or other mineral when it is delivered or shipped by the | ||
seller
to the purchaser at a point outside Illinois so that the | ||
sale is exempt
under the Federal Constitution as a sale in | ||
interstate or foreign commerce.
| ||
If a tax is imposed under this subsection (b) , a tax shall | ||
also be
imposed under subsections (c) and (d) of this Section.
| ||
No tax shall be imposed or collected under this subsection | ||
on the sale of a motor vehicle in this State to a resident of |
another state if that motor vehicle will not be titled in this | ||
State.
| ||
Nothing in this paragraph shall be construed to authorize a | ||
county water
commission to impose a tax upon the privilege of | ||
engaging in any
business which under the Constitution of the | ||
United States may not be made
the subject of taxation by this | ||
State.
| ||
(c) If a tax has been imposed under subsection (b), a
| ||
County Water Commission Service Occupation
Tax shall
also be | ||
imposed upon all persons engaged, in the territory of the
| ||
commission, in the business of making sales of service, who, as | ||
an
incident to making the sales of service, transfer tangible | ||
personal
property within the territory. The tax rate shall be | ||
1/4% of the selling
price of tangible personal property so | ||
transferred within the territory.
The tax imposed under this | ||
paragraph and all civil penalties that may be
assessed as an | ||
incident thereof shall be collected and enforced by the
State | ||
Department of Revenue. The Department shall have full power to
| ||
administer and enforce this paragraph; to collect all taxes and | ||
penalties
due hereunder; to dispose of taxes and penalties so | ||
collected in the manner
hereinafter provided; and to determine | ||
all rights to credit memoranda
arising on account of the | ||
erroneous payment of tax or penalty hereunder.
In the | ||
administration of, and compliance with, this paragraph, the
| ||
Department and persons who are subject to this paragraph shall | ||
have the
same rights, remedies, privileges, immunities, powers |
and duties, and be
subject to the same conditions, | ||
restrictions, limitations, penalties,
exclusions, exemptions | ||
and definitions of terms, and employ the same modes
of | ||
procedure, as are prescribed in Sections 1a-1, 2 (except that | ||
the
reference to State in the definition of supplier | ||
maintaining a place of
business in this State shall mean the | ||
territory of the commission), 2a, 3
through 3-50 (in respect to | ||
all provisions therein other than the State
rate of tax except | ||
that food for human consumption that is to be consumed
off the | ||
premises where it is sold (other than alcoholic beverages, soft
| ||
drinks, and food that has been prepared for immediate | ||
consumption) and
prescription and nonprescription medicines, | ||
drugs, medical appliances and
insulin, urine testing | ||
materials, syringes, and needles used by diabetics,
for human | ||
use, shall not be subject to tax hereunder), 4 (except that the
| ||
reference to the State shall be to the territory of the | ||
commission), 5, 7,
8 (except that the jurisdiction to which the | ||
tax shall be a debt to the
extent indicated in that Section 8 | ||
shall be the commission), 9 (except as
to the disposition of | ||
taxes and penalties collected and except that the
returned | ||
merchandise credit for this tax may not be taken against any | ||
State
tax), 10, 11, 12 (except the reference therein to Section | ||
2b of the
Retailers' Occupation Tax Act), 13 (except that any | ||
reference to the State
shall mean the territory of the | ||
commission), the first paragraph of Section
15, 15.5, 16, 17, | ||
18, 19 , and 20 of the Service Occupation Tax Act as fully
as if |
those provisions were set forth herein.
| ||
Persons subject to any tax imposed under the authority | ||
granted in
this paragraph may reimburse themselves for their | ||
serviceman's tax liability
hereunder by separately stating the | ||
tax as an additional charge, which
charge may be stated in | ||
combination, in a single amount, with State tax
that servicemen | ||
are authorized to collect under the Service Use Tax Act,
and | ||
any tax for which servicemen may be liable under subsection (f) | ||
of Section
4.03 of the Regional Transportation Authority Act, | ||
in accordance
with such bracket schedules as the Department may | ||
prescribe.
| ||
Whenever the Department determines that a refund should be | ||
made under this
paragraph to a claimant instead of issuing a | ||
credit memorandum, the Department
shall notify the State | ||
Comptroller, who shall cause the warrant to be drawn
for the | ||
amount specified, and to the person named, in the notification | ||
from
the Department. The refund shall be paid by the State | ||
Treasurer out of a
county water commission tax fund established | ||
under subsection paragraph (g) of this
Section.
| ||
Nothing in this paragraph shall be construed to authorize a | ||
county water
commission to impose a tax upon the privilege of | ||
engaging in any business
which under the Constitution of the | ||
United States may not be made the
subject of taxation by the | ||
State.
| ||
(d) If a tax has been imposed under subsection (b), a tax | ||
shall
also be imposed upon the privilege of using, in the |
territory of the
commission, any item of tangible personal | ||
property that is purchased
outside the territory at retail from | ||
a retailer, and that is titled or
registered with an agency of | ||
this State's government, at a rate of 1/4% of
the selling price | ||
of the tangible personal property within the territory,
as | ||
"selling price" is defined in the Use Tax Act. The tax shall be | ||
collected
from persons whose Illinois address for titling or | ||
registration purposes
is given as being in the territory. The | ||
tax shall be collected by the
Department of Revenue for a | ||
county water commission. The tax must be paid
to the State, or | ||
an exemption determination must be obtained from the
Department | ||
of Revenue, before the title or certificate of registration for
| ||
the property may be issued. The tax or proof of exemption may | ||
be
transmitted to the Department by way of the State agency | ||
with which, or the
State officer with whom, the tangible | ||
personal property must be titled or
registered if the | ||
Department and the State agency or State officer
determine that | ||
this procedure will expedite the processing of applications
for | ||
title or registration.
| ||
The Department shall have full power to administer and | ||
enforce this
paragraph; to collect all taxes, penalties , and | ||
interest due hereunder; to
dispose of taxes, penalties , and | ||
interest so collected in the manner
hereinafter provided; and | ||
to determine all rights to credit memoranda or
refunds arising | ||
on account of the erroneous payment of tax, penalty , or
| ||
interest hereunder. In the administration of , and compliance |
with this
paragraph, the Department and persons who are subject | ||
to this paragraph
shall have the same rights, remedies, | ||
privileges, immunities, powers , and
duties, and be subject to | ||
the same conditions, restrictions, limitations,
penalties, | ||
exclusions, exemptions , and definitions of terms and employ the
| ||
same modes of procedure, as are prescribed in Sections 2 | ||
(except the
definition of "retailer maintaining a place of | ||
business in this State"), 3
through 3-80 (except provisions | ||
pertaining to the State rate of tax,
and except provisions | ||
concerning collection or refunding of the tax by
retailers, and | ||
except that food for human consumption that is to be
consumed | ||
off the premises where it is sold (other than alcoholic | ||
beverages,
soft drinks, and food that has been prepared for | ||
immediate consumption)
and prescription and nonprescription | ||
medicines, drugs, medical appliances
and insulin, urine | ||
testing materials, syringes, and needles used by
diabetics, for | ||
human use, shall not be subject to tax hereunder), 4, 11,
12, | ||
12a, 14, 15, 19 (except the portions pertaining to claims by | ||
retailers
and except the last paragraph concerning refunds), | ||
20, 21 , and 22 of the Use
Tax Act and Section 3-7 of the Uniform | ||
Penalty and Interest Act that are
not inconsistent with this | ||
paragraph, as fully as if those provisions were
set forth | ||
herein.
| ||
Whenever the Department determines that a refund should be | ||
made under this
paragraph to a claimant instead of issuing a | ||
credit memorandum, the Department
shall notify the State |
Comptroller, who shall cause the order
to be drawn for the | ||
amount specified, and to the person named, in the
notification | ||
from the Department. The refund shall be paid by the State
| ||
Treasurer out of a county water commission tax fund established
| ||
under subsection paragraph (g) of this Section.
| ||
(e) A certificate of registration issued by the State | ||
Department of
Revenue to a retailer under the Retailers' | ||
Occupation Tax Act or under the
Service Occupation Tax Act | ||
shall permit the registrant to engage in a
business that is | ||
taxed under the tax imposed under subsection paragraphs (b), | ||
(c) ,
or (d) of this Section and no additional registration | ||
shall be required under
the tax. A certificate issued under the | ||
Use Tax Act or the Service Use Tax
Act shall be applicable with | ||
regard to any tax imposed under subsection paragraph (c)
of | ||
this Section.
| ||
(f) Any ordinance imposing or discontinuing any tax under | ||
this Section
shall be adopted and a certified copy thereof | ||
filed with the Department on
or before June 1, whereupon the | ||
Department of Revenue shall proceed to
administer and enforce | ||
this Section on behalf of the county water
commission as of | ||
September 1 next following the adoption and filing.
Beginning | ||
January 1, 1992, an ordinance or resolution imposing or
| ||
discontinuing the tax hereunder shall be adopted and a | ||
certified copy
thereof filed with the Department on or before | ||
the first day of July,
whereupon the Department shall proceed | ||
to administer and enforce this
Section as of the first day of |
October next following such adoption and
filing. Beginning | ||
January 1, 1993, an ordinance or resolution imposing or
| ||
discontinuing the tax hereunder shall be adopted and a | ||
certified copy
thereof filed with the Department on or before | ||
the first day of October,
whereupon the Department shall | ||
proceed to administer and enforce this
Section as of the first | ||
day of January next following such adoption and filing.
| ||
(g) The State Department of Revenue shall, upon collecting | ||
any taxes as
provided in this Section, pay the taxes over to | ||
the State Treasurer as
trustee for the commission. The taxes | ||
shall be held in a trust fund outside
the State Treasury. | ||
As soon as possible after the first day of each month, | ||
beginning January 1, 2011, upon certification of the Department | ||
of Revenue, the Comptroller shall order transferred, and the | ||
Treasurer shall transfer, to the STAR Bonds Revenue Fund the | ||
local sales tax increment, as defined in the Innovation | ||
Development and Economy Act, collected under this Section | ||
during the second preceding calendar month for sales within a | ||
STAR bond district. | ||
After the monthly transfer to the STAR Bonds Revenue Fund, | ||
on or before the 25th day of each calendar month, the
State | ||
Department of Revenue shall prepare and certify to the | ||
Comptroller of
the State of Illinois the amount to be paid to | ||
the commission, which shall be
the amount (not including credit | ||
memoranda) collected under this Section during the second | ||
preceding calendar month by the Department plus an amount the |
Department determines is necessary to offset any amounts that | ||
were erroneously paid to a different taxing body, and not | ||
including any amount equal to the amount of refunds made during | ||
the second preceding calendar month by the Department on behalf | ||
of the commission, and not including any amount that the | ||
Department determines is necessary to offset any amounts that | ||
were payable to a different taxing body but were erroneously | ||
paid to the commission, and less any amounts that are | ||
transferred to the STAR Bonds Revenue Fund, less 2% of the | ||
remainder, which shall be transferred into the Tax Compliance | ||
and Administration Fund. The Department, at the time of each | ||
monthly disbursement to the commission, shall prepare and | ||
certify to the State Comptroller the amount to be transferred | ||
into the Tax Compliance and Administration Fund under this | ||
subsection. Within 10 days after receipt by
the Comptroller of | ||
the certification of the amount to be paid to the
commission | ||
and the Tax Compliance and Administration Fund, the Comptroller | ||
shall cause an order to be drawn for the payment
for the amount | ||
in accordance with the direction in the certification.
| ||
(h) Beginning June 1, 2016, any tax imposed pursuant to | ||
this Section may no longer be imposed or collected, unless a | ||
continuation of the tax is approved by the voters at a | ||
referendum as set forth in this Section. | ||
(Source: P.A. 99-217, eff. 7-31-15; 99-642, eff. 7-28-16; | ||
100-23, eff. 7-6-17; revised 10-3-17.)
|
Section 280. The School Code is amended by changing | ||
Sections 2-3.64a-5, 2-3.162, 3-14.23, 10-17a, 10-22.3f, | ||
10-22.6, 14-8.02, 14-8.02a, 14-13.01, 17-2A, 18-8.05, 18-12, | ||
19-1, 21B-20, 21B-25, 21B-30, 21B-45, 22-80, 26-1, 27-8.1, | ||
27A-5, 29-5, and 32-7.3 and by setting forth and renumbering | ||
multiple versions of Sections 2-3.170, 10-20.60, and 34-18.53 | ||
as follows: | ||
(105 ILCS 5/2-3.64a-5) | ||
Sec. 2-3.64a-5. State goals and assessment. | ||
(a) For the assessment and accountability purposes of this | ||
Section, "students" includes those students enrolled in a | ||
public or State-operated elementary school, secondary school, | ||
or cooperative or joint agreement with a governing body or | ||
board of control, a charter school operating in compliance with | ||
the Charter Schools Law, a school operated by a regional office | ||
of education under Section 13A-3 of this Code, or a public | ||
school administered by a local public agency or the Department | ||
of Human Services. | ||
(b) The State Board of Education shall establish the | ||
academic standards that are to be applicable to students who | ||
are subject to State assessments under this Section. The State | ||
Board of Education shall not establish any such standards in | ||
final form without first providing opportunities for public | ||
participation and local input in the development of the final | ||
academic standards. Those opportunities shall include a |
well-publicized period of public comment and opportunities to | ||
file written comments. | ||
(c) Beginning no later than the 2014-2015 school year, the | ||
State Board of Education shall annually assess all students | ||
enrolled in grades 3 through 8 in English language arts and | ||
mathematics. | ||
Beginning no later than the 2017-2018 school year, the | ||
State Board of Education shall annually assess all students in | ||
science at one grade in grades 3 through 5, at one grade in | ||
grades 6 through 8, and at one grade in grades 9 through 12. | ||
The State Board of Education shall annually assess schools | ||
that operate a secondary education program, as defined in | ||
Section 22-22 of this Code, in English language arts and | ||
mathematics. The State Board of Education shall administer no | ||
more than 3 assessments, per student, of English language arts | ||
and mathematics for students in a secondary education program. | ||
One of these assessments shall include a college and career | ||
ready determination that shall be accepted by this State's | ||
public institutions of higher education, as defined in the | ||
Board of Higher Education Act, for the purpose of student | ||
application or admissions consideration. The assessment | ||
administered by the State Board of Education for the purpose of | ||
student application to or admissions consideration by | ||
institutions of higher education must be administered on a | ||
school day during regular student attendance hours. | ||
Students who are not assessed for college and career ready |
determinations may not receive a regular high school diploma | ||
unless the student is exempted from taking State assessments | ||
under subsection (d) of this Section because (i) the student's | ||
individualized educational program developed under Article 14 | ||
of this Code identifies the State assessment as inappropriate | ||
for the student, (ii) the student is enrolled in a program of | ||
adult and continuing education, as defined in the Adult | ||
Education Act, (iii) the school district is not required to | ||
assess the individual student for purposes of accountability | ||
under federal No Child Left Behind Act of 2001 requirements, | ||
(iv) the student has been determined to be an English learner | ||
and has been enrolled in schools in the United States for less | ||
than 12 months, or (v) the student is otherwise identified by | ||
the State Board of Education, through rules, as being exempt | ||
from the assessment. | ||
The State Board of Education shall not assess students | ||
under this Section in subjects not required by this Section. | ||
Districts shall inform their students of the timelines and | ||
procedures applicable to their participation in every yearly | ||
administration of the State assessments.
The State Board of | ||
Education shall establish periods of time in each school year | ||
during which State assessments shall occur to meet the | ||
objectives of this Section. | ||
(d) Every individualized educational program as described | ||
in Article 14 shall identify if the State assessment or | ||
components thereof are appropriate for the student. The State |
Board of Education shall develop rules governing the | ||
administration of an alternate assessment that may be available | ||
to students for whom participation in this State's regular | ||
assessments is not appropriate, even with accommodations as | ||
allowed under this Section. | ||
Students receiving special education services whose | ||
individualized educational programs identify them as eligible | ||
for the alternative State assessments nevertheless shall have | ||
the option of taking this State's regular assessment that | ||
includes a college and career ready determination, which shall | ||
be administered in accordance with the eligible accommodations | ||
appropriate for meeting these students' respective needs. | ||
All students determined to be English learners shall | ||
participate in the State assessments, excepting those students | ||
who have been enrolled in schools in the United States for less | ||
than 12 months. Such students may be exempted from | ||
participation in one annual administration of the English | ||
language arts assessment. Any student determined to be an | ||
English learner shall receive appropriate assessment | ||
accommodations, including language supports, which shall be | ||
established by rule. Approved assessment accommodations must | ||
be provided until the student's English language skills develop | ||
to the extent that the student is no longer considered to be an | ||
English learner, as demonstrated through a State-identified | ||
English language proficiency assessment. | ||
(e) The results or scores of each assessment taken under |
this Section shall be made available to the parents of each | ||
student. | ||
In each school year, the scores attained by a student on | ||
the State assessment that includes a college and career ready | ||
determination must be placed in the student's permanent record | ||
pursuant to rules that the State Board of Education shall adopt | ||
for that purpose in accordance with Section 3 of the Illinois | ||
School Student Records Act. In each school year, the scores | ||
attained by a student on the State assessments administered in | ||
grades 3 through 8 must be placed in the student's temporary | ||
record. | ||
(f) All schools shall administer an academic assessment of | ||
English language proficiency in oral language (listening and | ||
speaking) and reading and writing skills to all children | ||
determined to be English learners. | ||
(g) All schools in this State that are part of the sample | ||
drawn by the National Center for Education Statistics, in | ||
collaboration with their school districts and the State Board | ||
of Education, shall administer the biennial academic | ||
assessments under the National Assessment of Educational | ||
Progress carried out under Section 411(b)(2) of the federal | ||
National Education Statistics Act of 1994 (20 U.S.C. 9010) if | ||
the U.S. Secretary of Education pays the costs of administering | ||
the assessments. | ||
(h) Subject to available funds to this State for the | ||
purpose of student assessment, the State Board of Education |
shall provide additional assessments and assessment resources | ||
that may be used by school districts for local assessment | ||
purposes. The State Board of Education shall annually | ||
distribute a listing of these additional resources. | ||
(i) For the purposes of this subsection (i), "academically | ||
based assessments" means assessments consisting of questions | ||
and answers that are measurable and quantifiable to measure the | ||
knowledge, skills, and ability of students in the subject | ||
matters covered by the assessments. All assessments | ||
administered pursuant to this Section must be academically | ||
based assessments. The scoring of academically based | ||
assessments shall be reliable, valid, and fair and shall meet | ||
the guidelines for assessment development and use prescribed by | ||
the American Psychological Association, the National Council | ||
on Measurement in Education, and the American Educational | ||
Research Association. | ||
The State Board of Education shall review the use of all | ||
assessment item types in order to ensure that they are valid | ||
and reliable indicators of student performance aligned to the | ||
learning standards being assessed and that the development, | ||
administration, and scoring of these item types are justifiable | ||
in terms of cost. | ||
(j) The State Superintendent of Education shall appoint a | ||
committee of no more than 21 members, consisting of parents, | ||
teachers, school administrators, school board members, | ||
assessment experts, regional superintendents of schools, and |
citizens, to review the State assessments administered by the | ||
State Board of Education. The Committee shall select one of its | ||
members as its chairperson. The Committee shall meet on an | ||
ongoing basis to review the content and design of the | ||
assessments (including whether the requirements of subsection | ||
(i) of this Section have been met), the time and money expended | ||
at the local and State levels to prepare for and administer the | ||
assessments, the collective results of the assessments as | ||
measured against the stated purpose of assessing student | ||
performance, and other issues involving the assessments | ||
identified by the Committee. The Committee shall make periodic | ||
recommendations to the State Superintendent of Education and | ||
the General Assembly concerning the assessments. | ||
(k) The State Board of Education may adopt rules to | ||
implement this Section.
| ||
(Source: P.A. 99-30, eff. 7-10-15; 99-185, eff. 1-1-16; 99-642, | ||
eff. 7-28-16; 100-7, eff. 7-1-17; 100-222, eff. 8-18-17; | ||
revised 9-22-17.) | ||
(105 ILCS 5/2-3.162) | ||
Sec. 2-3.162. Student discipline report; school discipline | ||
improvement plan. | ||
(a) On or before October 31, 2015 and on or before October | ||
31 of each subsequent year, the State Board of Education, | ||
through the State Superintendent of Education, shall prepare a | ||
report on student discipline in all school districts in this |
State, including State-authorized charter schools. This report | ||
shall include data from all public schools within school | ||
districts, including district-authorized charter schools. This | ||
report must be posted on the Internet website of the State | ||
Board of Education. The report shall include data on the | ||
issuance of out-of-school suspensions, expulsions, and | ||
removals to alternative settings in lieu of another | ||
disciplinary action, disaggregated by race and ethnicity, | ||
gender, age, grade level, whether a student is an English | ||
learner, incident type, and discipline duration. | ||
(b) The State Board of Education shall analyze the data | ||
under subsection (a) of this Section on an annual basis and | ||
determine the top 20% of school districts for the following | ||
metrics: | ||
(1) Total number of out-of-school suspensions divided | ||
by the total district enrollment by the last school day in | ||
September for the year in which the data was collected, | ||
multiplied by 100. | ||
(2) Total number of out-of-school expulsions divided | ||
by the total district enrollment by the last school day in | ||
September for the year in which the data was collected, | ||
multiplied by 100. | ||
(3) Racial disproportionality, defined as the | ||
overrepresentation of students of color or white students | ||
in comparison to the total number of students of color or | ||
white students on October 1st of the school year in which |
data are collected, with respect to the use of | ||
out-of-school suspensions and expulsions, which must be | ||
calculated using the same method as the U.S. Department of | ||
Education's Office for Civil Rights uses. | ||
The analysis must be based on data collected over 3 | ||
consecutive school years, beginning with the 2014-2015 school | ||
year. | ||
Beginning with the 2017-2018 school year, the State Board | ||
of Education shall require each of the school districts that | ||
are identified in the top 20% of any of the metrics described | ||
in this subsection (b) for 3 consecutive years to submit a plan | ||
identifying the strategies the school district will implement | ||
to reduce the use of exclusionary disciplinary practices or | ||
racial disproportionality or both, if applicable. School | ||
districts that no longer meet the criteria described in any of | ||
the metrics described in this subsection (b) for 3 consecutive | ||
years shall no longer be required to submit a plan. | ||
This plan may be combined with any other improvement plans | ||
required under federal or State law. | ||
The calculation of the top 20% of any of the metrics | ||
described in this subsection (b) shall exclude all school | ||
districts, State-authorized charter schools, and special | ||
charter districts that issued fewer than a total of 10 | ||
out-of-school suspensions or expulsions, whichever is | ||
applicable, during the school year. The calculation of the top | ||
20% of the metric described in subdivision (3) of this |
subsection (b) shall exclude all school districts with an | ||
enrollment of fewer than 50 white students or fewer than 50 | ||
students of color. | ||
The plan must be approved at a public school board meeting | ||
and posted on the school district's Internet website. Within | ||
one year after being identified, the school district shall | ||
submit to the State Board of Education and post on the | ||
district's Internet website a progress report describing the | ||
implementation of the plan and the results achieved.
| ||
(Source: P.A. 98-1102, eff. 8-26-14; 99-30, eff. 7-10-15; | ||
99-78, eff. 7-20-15; revised 9-25-17.) | ||
(105 ILCS 5/2-3.170) | ||
Sec. 2-3.170. Property tax relief pool grants. | ||
(a) As used in this Section, | ||
"Property tax multiplier" equals one minus the square of | ||
the school district's Local Capacity Percentage, as defined in | ||
Section 18-8.15 of this Code. | ||
"State Board" means the State Board of Education. | ||
"Unit equivalent tax rate" means the Adjusted Operating Tax | ||
Rate, as defined in Section 18-8.15 of this Code, multiplied by | ||
a factor of 1 for unit school districts, 13/9 for elementary | ||
school districts, and 13/4 for high school districts. | ||
(b) Subject to appropriation, the State Board shall provide | ||
grants to eligible school districts that provide tax relief to | ||
the school district's residents, up to a limit of 1% of the |
school district's equalized assessed value, as provided in this | ||
Section. | ||
(c) By August 1 of each year, the State Board shall publish | ||
an estimated threshold unit equivalent tax rate. School | ||
districts whose adjusted operating tax rate, as defined in this | ||
Section, is greater than the estimated threshold unit | ||
equivalent tax rate are eligible for relief under this Section. | ||
This estimated tax rate shall be based on the most recent | ||
available data provided by school districts pursuant to Section | ||
18-8.15 of this Code. The State Board shall estimate this | ||
property tax rate based on the amount appropriated to the grant | ||
program and the assumption that a set of school districts, | ||
based on criteria established by the State Board, will apply | ||
for grants under this Section. The criteria shall be based on | ||
reasonable assumptions about when school districts will apply | ||
for the grant. | ||
(d) School districts seeking grants under this Section | ||
shall apply to the State Board by October 1 of each year. All | ||
applications to the State Board for grants shall include the | ||
amount of the grant requested. | ||
(e) By December 1 of each year, based on the most recent | ||
available data provided by school districts pursuant to Section | ||
18-8.15 of this Code, the State Board shall calculate the unit | ||
equivalent tax rate, based on the applications received by the | ||
State Board, above which the appropriations are sufficient to | ||
provide relief and publish a list of the school districts |
eligible for relief. | ||
(f) The State Board shall publish a final list of grant | ||
recipients and provide payment of the grants by January 15 of | ||
each year. | ||
(g) If payment from the State Board is received by the | ||
school district on time, the school district shall reduce its | ||
property tax levy in an amount equal to the grant received | ||
under this Section. | ||
(h) The total grant to a school district under this Section | ||
shall be calculated based on the total amount of reduction in | ||
the school district's aggregate extension, up to a limit of 1% | ||
of a district's equalized assessed value for a unit school | ||
district, 0.69% for an elementary school district, and 0.31% | ||
for a high school district, multiplied by the property tax | ||
multiplier or the amount that the unit equivalent tax rate is | ||
greater than the rate determined by the State Board, whichever | ||
is less. | ||
(i) If the State Board does not expend all appropriations | ||
allocated pursuant to this Section, then any remaining funds | ||
shall be allocated pursuant to Section 18-8.15 of this Code. | ||
(j) The State Board shall prioritize payments under Section | ||
18-8.15 of this Code over payments under this Section, if | ||
necessary. | ||
(k) Any grants received by a school district shall be | ||
included in future calculations of that school district's Base | ||
Funding Minimum under Section 18-8.15 of this Code. |
(l) In the tax year following receipt of a Property Tax | ||
Pool Relief Grant, the aggregate levy of any school district | ||
receiving a grant under this Section, for purposes of the | ||
Property Tax Extension Limitation Law, shall include the tax | ||
relief the school district provided in the previous taxable | ||
year under this Section.
| ||
(Source: P.A. 100-465, eff. 8-31-17.) | ||
(105 ILCS 5/2-3.171) | ||
Sec. 2-3.171 2-3.170 . Entrepreneurial skills teaching | ||
resources. The State Board of Education shall post resources | ||
regarding the teaching of entrepreneurial skills for use by | ||
school districts with secondary schools. The State Board of | ||
Education shall gather input from business groups and | ||
universities when developing the list of resources.
| ||
(Source: P.A. 100-174, eff. 1-1-18; revised 9-25-17.) | ||
(105 ILCS 5/2-3.172) | ||
Sec. 2-3.172 2-3.170 . High-skilled manufacturing teaching | ||
resources. The State Board of Education shall post resources | ||
regarding the teaching of high-skilled manufacturing, to be | ||
used in high schools and vocational education programs.
| ||
(Source: P.A. 100-175, eff. 1-1-18; revised 9-25-17.)
| ||
(105 ILCS 5/3-14.23) (from Ch. 122, par. 3-14.23)
| ||
Sec. 3-14.23. School bus driver permits.
|
(a) To conduct courses
of instruction for school bus | ||
drivers pursuant to the standards
established by the Secretary | ||
of State under Section 6-106.1 of the
Illinois Vehicle Code and | ||
to charge a fee based upon the cost of
providing such courses | ||
of up to $6 per person for fiscal years 2010, 2011, and 2012; | ||
up to $8 per person for fiscal years 2013, 2014, and 2015; and | ||
up to $10 per person for fiscal year 2016 and each fiscal year | ||
thereafter for the initial
classroom course in school bus | ||
driver safety and of up to $6 per person for fiscal years 2010, | ||
2011, and 2012; up to $8 per person for fiscal years 2013, | ||
2014, and 2015; and up to $10 per person for fiscal year 2016 | ||
and each fiscal year thereafter for the annual refresher | ||
course.
| ||
(b) To conduct such investigations
as may be necessary to | ||
insure that all persons hired to operate school buses
have | ||
valid school bus driver permits as required under Sections | ||
6-104 and
6-106.1 of the "The Illinois Vehicle Code " . If a | ||
regional superintendent finds
evidence of non-compliance with | ||
this requirement, he shall submit such
evidence together with | ||
his recommendations in writing to the school board.
| ||
If the regional superintendent finds evidence of | ||
noncompliance with the
requirement that all persons employed | ||
directly by the school board to operate
school buses have valid | ||
school bus driver permits as required under Sections
6-104 and | ||
6-106.1 of the "The Illinois Vehicle Code " , the regional | ||
superintendent
shall schedule a hearing on a date not less than |
5 days nor more than 10
days after notifying the district of | ||
his findings. If based on the
evidence presented at the hearing | ||
the regional superintendent finds that
persons employed | ||
directly by the school board to operate school buses do not
| ||
have
valid school bus driver permits as required under Sections | ||
6-104 and 6-106.1
of the "The Illinois Vehicle Code " , the | ||
regional superintendent shall submit
such evidence and his | ||
findings together with his recommendations to the
State | ||
Superintendent of Education. The State Superintendent of | ||
Education
may reduce the district's claim for reimbursement | ||
under Sections
29-5 and 14-13.01 for transportation by 1.136% | ||
for each day of
noncompliance.
| ||
If a school board finds evidence of noncompliance with the | ||
requirement
that all persons employed by a contractor to | ||
operate school buses have valid
school bus driver permits as | ||
required under Sections 6-104 and 6-106.1 of the
"The Illinois | ||
Vehicle Code " , the school board shall request a hearing before
| ||
the regional superintendent. The regional superintendent shall | ||
schedule
a hearing on a date not less than 5 days nor more than | ||
10 days after receiving
the request. If based on the evidence | ||
presented at the hearing the regional
superintendent finds that | ||
persons employed by a contractor to operate school
buses do not | ||
have valid school bus driver permits as required under Sections
| ||
6-104 and 6-106.1 of the "The Illinois Vehicle Code " , the | ||
school board's financial
obligations under the contract shall | ||
be reduced by an amount equal to
1.136% for
each day of |
noncompliance. The findings of the regional superintendent and
| ||
the relief provided herein shall not impair the obligations of | ||
the contractor
to continue to provide transportation services | ||
in accordance with the terms
of the contract.
| ||
The provisions of the Administrative Review Law, and all | ||
amendments and
modifications thereof and the rules adopted | ||
pursuant thereto shall apply
to and govern all proceedings | ||
instituted for judicial review of final
administrative | ||
decisions of the regional superintendent under this Section.
| ||
(Source: P.A. 96-616, eff. 1-1-10; revised 9-22-17.)
| ||
(105 ILCS 5/10-17a) (from Ch. 122, par. 10-17a)
| ||
(Text of Section before amendment by P.A. 100-448 ) | ||
Sec. 10-17a. State, school district, and school report | ||
cards.
| ||
(1) By October 31, 2013 and October 31 of each subsequent | ||
school year, the State Board of Education, through the State | ||
Superintendent of Education, shall prepare a State report card, | ||
school district report cards, and school report cards, and | ||
shall by the most economic means provide to each school
| ||
district in this State, including special charter districts and | ||
districts
subject to the provisions of Article 34, the report | ||
cards for the school district and each of its schools. | ||
(2) In addition to any information required by federal law, | ||
the State Superintendent shall determine the indicators and | ||
presentation of the school report card, which must include, at |
a minimum, the most current data collected and maintained by | ||
the State Board of Education related to the following: | ||
(A) school characteristics and student demographics, | ||
including average class size, average teaching experience, | ||
student racial/ethnic breakdown, and the percentage of | ||
students classified as low-income; the percentage of | ||
students classified as English learners; the percentage of | ||
students who have individualized education plans or 504 | ||
plans that provide for special education services; the | ||
number and percentage of all students who have been | ||
assessed for placement in a gifted education or advanced | ||
academic program and, of those students: (i) the racial and | ||
ethnic breakdown, (ii) the percentage who are classified as | ||
low-income, and (iii) the number and percentage of students | ||
who received direct instruction from a teacher who holds a | ||
gifted education endorsement and, of those students, the | ||
percentage who are classified as low-income; the | ||
percentage of students scoring at the "exceeds | ||
expectations" level on the assessments required under | ||
Section 2-3.64a-5 of this Code; the percentage of students | ||
who annually transferred in or out of the school district; | ||
the per-pupil operating expenditure of the school | ||
district; and the per-pupil State average operating | ||
expenditure for the district type (elementary, high | ||
school, or unit); | ||
(B) curriculum information, including, where |
applicable, Advanced Placement, International | ||
Baccalaureate or equivalent courses, dual enrollment | ||
courses, foreign language classes, school personnel | ||
resources (including Career Technical Education teachers), | ||
before and after school programs, extracurricular | ||
activities, subjects in which elective classes are | ||
offered, health and wellness initiatives (including the | ||
average number of days of Physical Education per week per | ||
student), approved programs of study, awards received, | ||
community partnerships, and special programs such as | ||
programming for the gifted and talented, students with | ||
disabilities, and work-study students; | ||
(C) student outcomes, including, where applicable, the | ||
percentage of students deemed proficient on assessments of | ||
State standards, the percentage of students in the eighth | ||
grade who pass Algebra, the percentage of students enrolled | ||
in post-secondary institutions (including colleges, | ||
universities, community colleges, trade/vocational | ||
schools, and training programs leading to career | ||
certification within 2 semesters of high school | ||
graduation), the percentage of students graduating from | ||
high school who are college and career ready, and the | ||
percentage of graduates enrolled in community colleges, | ||
colleges, and universities who are in one or more courses | ||
that the community college, college, or university | ||
identifies as a developmental course; |
(D) student progress, including, where applicable, the | ||
percentage of students in the ninth grade who have earned 5 | ||
credits or more without failing more than one core class, a | ||
measure of students entering kindergarten ready to learn, a | ||
measure of growth, and the percentage of students who enter | ||
high school on track for college and career readiness; | ||
(E) the school environment, including, where | ||
applicable, the percentage of students with less than 10 | ||
absences in a school year, the percentage of teachers with | ||
less than 10 absences in a school year for reasons other | ||
than professional development, leaves taken pursuant to | ||
the federal Family Medical Leave Act of 1993, long-term | ||
disability, or parental leaves, the 3-year average of the | ||
percentage of teachers returning to the school from the | ||
previous year, the number of different principals at the | ||
school in the last 6 years, the number of teachers who hold | ||
a gifted education endorsement, the process and criteria | ||
used by the district to determine whether a student is | ||
eligible for participation in a gifted education program or | ||
advanced academic program and the manner in which parents | ||
and guardians are made aware of the process and criteria, 2 | ||
or more indicators from any school climate survey selected | ||
or approved by the State and administered pursuant to | ||
Section 2-3.153 of this Code, with the same or similar | ||
indicators included on school report cards for all surveys | ||
selected or approved by the State pursuant to Section |
2-3.153 of this Code, and the combined percentage of | ||
teachers rated as proficient or excellent in their most | ||
recent evaluation; | ||
(F) a school district's and its individual schools' | ||
balanced accountability measure, in accordance with | ||
Section 2-3.25a of this Code; | ||
(G) the total and per pupil normal cost amount the | ||
State contributed to the Teachers' Retirement System of the | ||
State of Illinois in the prior fiscal year for the school's | ||
employees, which shall be reported to the State Board of | ||
Education by the Teachers' Retirement System of the State | ||
of Illinois; and | ||
(H) for a school district organized under Article 34 of | ||
this Code only, State contributions to the Public School | ||
Teachers' Pension and Retirement Fund of Chicago and State | ||
contributions for health care for employees of that school | ||
district ; . | ||
(I) (G) a school district's Final Percent of Adequacy, | ||
as defined in paragraph (4) of subsection (f) of Section | ||
18-8.15 of this Code; | ||
(J) (H) a school district's Local Capacity Target, as | ||
defined in paragraph (2) of subsection (c) of Section | ||
18-8.15 of this Code, displayed as a percentage amount; and | ||
(K) (I) a school district's Real Receipts, as defined | ||
in paragraph (1) of subsection (d) of Section 18-8.15 of | ||
this Code, divided by a school district's Adequacy Target, |
as defined in paragraph (1) of subsection (b) of Section | ||
18-8.15 of this Code, displayed as a percentage amount. | ||
The school report card shall also provide
information that | ||
allows for comparing the current outcome, progress, and | ||
environment data to the State average, to the school data from | ||
the past 5 years, and to the outcomes, progress, and | ||
environment of similar schools based on the type of school and | ||
enrollment of low-income students, special education students, | ||
and English learners.
| ||
As used in this subsection paragraph (2): | ||
"Advanced academic program" means a course of study to | ||
which students are assigned based on advanced cognitive ability | ||
or advanced academic achievement compared to local age peers | ||
and in which the curriculum is substantially differentiated | ||
from the general curriculum to provide appropriate challenge | ||
and pace. | ||
"Gifted education" means educational services, including | ||
differentiated curricula and instructional methods, designed | ||
to meet the needs of gifted children as defined in Article 14A | ||
of this Code. | ||
(3) At the discretion of the State Superintendent, the | ||
school district report card shall include a subset of the | ||
information identified in paragraphs (A) through (E) of | ||
subsection (2) of this Section, as well as information relating | ||
to the operating expense per pupil and other finances of the | ||
school district, and the State report card shall include a |
subset of the information identified in paragraphs (A) through | ||
(E) of subsection (2) of this Section. | ||
(4) Notwithstanding anything to the contrary in this | ||
Section, in consultation with key education stakeholders, the | ||
State Superintendent shall at any time have the discretion to | ||
amend or update any and all metrics on the school, district, or | ||
State report card. | ||
(5) Annually, no more than 30 calendar days after receipt | ||
of the school district and school report cards from the State | ||
Superintendent of Education, each school district, including | ||
special charter districts and districts subject to the | ||
provisions of Article 34, shall present such report
cards at a | ||
regular school board meeting subject to
applicable notice | ||
requirements, post the report cards
on the
school district's | ||
Internet web site, if the district maintains an Internet web
| ||
site, make the report cards
available
to a newspaper of general | ||
circulation serving the district, and, upon
request, send the | ||
report cards
home to a parent (unless the district does not | ||
maintain an Internet web site,
in which case
the report card | ||
shall be sent home to parents without request). If the
district | ||
posts the report card on its Internet web
site, the district
| ||
shall send a
written notice home to parents stating (i) that | ||
the report card is available on
the web site,
(ii) the address | ||
of the web site, (iii) that a printed copy of the report card
| ||
will be sent to
parents upon request, and (iv) the telephone | ||
number that parents may
call to
request a printed copy of the |
report card.
| ||
(6) Nothing contained in Public Act 98-648 this amendatory | ||
Act of the 98th General Assembly repeals, supersedes, | ||
invalidates, or nullifies final decisions in lawsuits pending | ||
on July 1, 2014 ( the effective date of Public Act 98-648) this | ||
amendatory Act of the 98th General Assembly in Illinois courts | ||
involving the interpretation of Public Act 97-8. | ||
(Source: P.A. 99-30, eff. 7-10-15; 99-193, eff. 7-30-15; | ||
99-642, eff. 7-28-16; 100-227, eff. 8-18-17; 100-364, eff. | ||
1-1-18; 100-465, eff. 8-31-17; revised 9-25-17.)
| ||
(Text of Section after amendment by P.A. 100-448 ) | ||
Sec. 10-17a. State, school district, and school report | ||
cards.
| ||
(1) By October 31, 2013 and October 31 of each subsequent | ||
school year, the State Board of Education, through the State | ||
Superintendent of Education, shall prepare a State report card, | ||
school district report cards, and school report cards, and | ||
shall by the most economic means provide to each school
| ||
district in this State, including special charter districts and | ||
districts
subject to the provisions of Article 34, the report | ||
cards for the school district and each of its schools. | ||
(2) In addition to any information required by federal law, | ||
the State Superintendent shall determine the indicators and | ||
presentation of the school report card, which must include, at | ||
a minimum, the most current data collected and maintained by |
the State Board of Education related to the following: | ||
(A) school characteristics and student demographics, | ||
including average class size, average teaching experience, | ||
student racial/ethnic breakdown, and the percentage of | ||
students classified as low-income; the percentage of | ||
students classified as English learners; the percentage of | ||
students who have individualized education plans or 504 | ||
plans that provide for special education services; the | ||
number and percentage of all students who have been | ||
assessed for placement in a gifted education or advanced | ||
academic program and, of those students: (i) the racial and | ||
ethnic breakdown, (ii) the percentage who are classified as | ||
low-income, and (iii) the number and percentage of students | ||
who received direct instruction from a teacher who holds a | ||
gifted education endorsement and, of those students, the | ||
percentage who are classified as low-income; the | ||
percentage of students scoring at the "exceeds | ||
expectations" level on the assessments required under | ||
Section 2-3.64a-5 of this Code; the percentage of students | ||
who annually transferred in or out of the school district; | ||
average daily attendance; the per-pupil operating | ||
expenditure of the school district; and the per-pupil State | ||
average operating expenditure for the district type | ||
(elementary, high school, or unit); | ||
(B) curriculum information, including, where | ||
applicable, Advanced Placement, International |
Baccalaureate or equivalent courses, dual enrollment | ||
courses, foreign language classes, school personnel | ||
resources (including Career Technical Education teachers), | ||
before and after school programs, extracurricular | ||
activities, subjects in which elective classes are | ||
offered, health and wellness initiatives (including the | ||
average number of days of Physical Education per week per | ||
student), approved programs of study, awards received, | ||
community partnerships, and special programs such as | ||
programming for the gifted and talented, students with | ||
disabilities, and work-study students; | ||
(C) student outcomes, including, where applicable, the | ||
percentage of students deemed proficient on assessments of | ||
State standards, the percentage of students in the eighth | ||
grade who pass Algebra, the percentage of students enrolled | ||
in post-secondary institutions (including colleges, | ||
universities, community colleges, trade/vocational | ||
schools, and training programs leading to career | ||
certification within 2 semesters of high school | ||
graduation), the percentage of students graduating from | ||
high school who are college and career ready, and the | ||
percentage of graduates enrolled in community colleges, | ||
colleges, and universities who are in one or more courses | ||
that the community college, college, or university | ||
identifies as a developmental course; | ||
(D) student progress, including, where applicable, the |
percentage of students in the ninth grade who have earned 5 | ||
credits or more without failing more than one core class, a | ||
measure of students entering kindergarten ready to learn, a | ||
measure of growth, and the percentage of students who enter | ||
high school on track for college and career readiness; | ||
(E) the school environment, including, where | ||
applicable, the percentage of students with less than 10 | ||
absences in a school year, the percentage of teachers with | ||
less than 10 absences in a school year for reasons other | ||
than professional development, leaves taken pursuant to | ||
the federal Family Medical Leave Act of 1993, long-term | ||
disability, or parental leaves, the 3-year average of the | ||
percentage of teachers returning to the school from the | ||
previous year, the number of different principals at the | ||
school in the last 6 years, the number of teachers who hold | ||
a gifted education endorsement, the process and criteria | ||
used by the district to determine whether a student is | ||
eligible for participation in a gifted education program or | ||
advanced academic program and the manner in which parents | ||
and guardians are made aware of the process and criteria, 2 | ||
or more indicators from any school climate survey selected | ||
or approved by the State and administered pursuant to | ||
Section 2-3.153 of this Code, with the same or similar | ||
indicators included on school report cards for all surveys | ||
selected or approved by the State pursuant to Section | ||
2-3.153 of this Code, and the combined percentage of |
teachers rated as proficient or excellent in their most | ||
recent evaluation; | ||
(F) a school district's and its individual schools' | ||
balanced accountability measure, in accordance with | ||
Section 2-3.25a of this Code; | ||
(G) the total and per pupil normal cost amount the | ||
State contributed to the Teachers' Retirement System of the | ||
State of Illinois in the prior fiscal year for the school's | ||
employees, which shall be reported to the State Board of | ||
Education by the Teachers' Retirement System of the State | ||
of Illinois; and | ||
(H) for a school district organized under Article 34 of | ||
this Code only, State contributions to the Public School | ||
Teachers' Pension and Retirement Fund of Chicago and State | ||
contributions for health care for employees of that school | ||
district ; . | ||
(I) (G) a school district's Final Percent of Adequacy, | ||
as defined in paragraph (4) of subsection (f) of Section | ||
18-8.15 of this Code; | ||
(J) (H) a school district's Local Capacity Target, as | ||
defined in paragraph (2) of subsection (c) of Section | ||
18-8.15 of this Code, displayed as a percentage amount; and | ||
(K) (I) a school district's Real Receipts, as defined | ||
in paragraph (1) of subsection (d) of Section 18-8.15 of | ||
this Code, divided by a school district's Adequacy Target, | ||
as defined in paragraph (1) of subsection (b) of Section |
18-8.15 of this Code, displayed as a percentage amount. | ||
The school report card shall also provide
information that | ||
allows for comparing the current outcome, progress, and | ||
environment data to the State average, to the school data from | ||
the past 5 years, and to the outcomes, progress, and | ||
environment of similar schools based on the type of school and | ||
enrollment of low-income students, special education students, | ||
and English learners.
| ||
As used in this subsection paragraph (2): | ||
"Advanced academic program" means a course of study to | ||
which students are assigned based on advanced cognitive ability | ||
or advanced academic achievement compared to local age peers | ||
and in which the curriculum is substantially differentiated | ||
from the general curriculum to provide appropriate challenge | ||
and pace. | ||
"Gifted education" means educational services, including | ||
differentiated curricula and instructional methods, designed | ||
to meet the needs of gifted children as defined in Article 14A | ||
of this Code. | ||
For the purposes of paragraph (A) of this subsection (2), | ||
"average daily attendance" means the average of the actual | ||
number of attendance days during the previous school year for | ||
any enrolled student who is subject to compulsory attendance by | ||
Section 26-1 of this Code at each school and charter school. | ||
(3) At the discretion of the State Superintendent, the | ||
school district report card shall include a subset of the |
information identified in paragraphs (A) through (E) of | ||
subsection (2) of this Section, as well as information relating | ||
to the operating expense per pupil and other finances of the | ||
school district, and the State report card shall include a | ||
subset of the information identified in paragraphs (A) through | ||
(E) of subsection (2) of this Section. The school district | ||
report card shall include the average daily attendance, as that | ||
term is defined in subsection (2) of this Section, of students | ||
who have individualized education programs and students who | ||
have 504 plans that provide for special education services | ||
within the school district. | ||
(4) Notwithstanding anything to the contrary in this | ||
Section, in consultation with key education stakeholders, the | ||
State Superintendent shall at any time have the discretion to | ||
amend or update any and all metrics on the school, district, or | ||
State report card. | ||
(5) Annually, no more than 30 calendar days after receipt | ||
of the school district and school report cards from the State | ||
Superintendent of Education, each school district, including | ||
special charter districts and districts subject to the | ||
provisions of Article 34, shall present such report
cards at a | ||
regular school board meeting subject to
applicable notice | ||
requirements, post the report cards
on the
school district's | ||
Internet web site, if the district maintains an Internet web
| ||
site, make the report cards
available
to a newspaper of general | ||
circulation serving the district, and, upon
request, send the |
report cards
home to a parent (unless the district does not | ||
maintain an Internet web site,
in which case
the report card | ||
shall be sent home to parents without request). If the
district | ||
posts the report card on its Internet web
site, the district
| ||
shall send a
written notice home to parents stating (i) that | ||
the report card is available on
the web site,
(ii) the address | ||
of the web site, (iii) that a printed copy of the report card
| ||
will be sent to
parents upon request, and (iv) the telephone | ||
number that parents may
call to
request a printed copy of the | ||
report card.
| ||
(6) Nothing contained in Public Act 98-648 this amendatory | ||
Act of the 98th General Assembly repeals, supersedes, | ||
invalidates, or nullifies final decisions in lawsuits pending | ||
on July 1, 2014 ( the effective date of Public Act 98-648) this | ||
amendatory Act of the 98th General Assembly in Illinois courts | ||
involving the interpretation of Public Act 97-8. | ||
(Source: P.A. 99-30, eff. 7-10-15; 99-193, eff. 7-30-15; | ||
99-642, eff. 7-28-16; 100-227, eff. 8-18-17; 100-364, eff. | ||
1-1-18; 100-448, eff. 7-1-19; 100-465, eff. 8-31-17; revised | ||
9-25-17.) | ||
(105 ILCS 5/10-20.60) | ||
Sec. 10-20.60. Breastfeeding accommodations for pupils. | ||
(a) Each public school shall provide reasonable | ||
accommodations to a lactating pupil on a school campus to | ||
express breast milk, breastfeed an infant child, or address |
other needs related to breastfeeding. Reasonable | ||
accommodations under this Section include, but are not limited | ||
to, all of the following: | ||
(1) Access to a private and secure room, other than a | ||
restroom, to express breast milk or breastfeed an infant | ||
child. | ||
(2) Permission to bring onto a school campus a breast | ||
pump and any other equipment used to express breast milk. | ||
(3) Access to a power source for a breast pump or any | ||
other equipment used to express breast milk. | ||
(4) Access to a place to store expressed breast milk | ||
safely. | ||
(b) A lactating pupil on a school campus must be provided a | ||
reasonable amount of time to accommodate her need to express | ||
breast milk or breastfeed an infant child. | ||
(c) A public school shall provide the reasonable | ||
accommodations specified in subsections (a) and (b) of this | ||
Section only if there is at least one lactating pupil on the | ||
school campus. | ||
(d) A public school may use an existing facility to meet | ||
the requirements specified in subsection (a) of this Section. | ||
(e) A pupil may not incur an academic penalty as a result | ||
of her use, during the school day, of the reasonable | ||
accommodations specified in this Section and must be provided | ||
the opportunity to make up any work missed due to such use. | ||
(f) In instances where a student files a complaint of |
noncompliance with the requirements of this Section, the public | ||
school shall implement the grievance procedure of 23 Ill. Adm. | ||
Code 200, including appeals procedures.
| ||
(Source: P.A. 100-29, eff. 1-1-18.) | ||
(105 ILCS 5/10-20.61) | ||
Sec. 10-20.61 10-20.60 . Implicit bias training. | ||
(a) The General Assembly makes the following findings: | ||
(1) implicit racial bias influences evaluations of and | ||
behavior toward those who are the subject of the bias; | ||
(2) understanding implicit racial bias is needed in | ||
order to reduce that bias; | ||
(3) marginalized students would benefit from having | ||
access to educators who have worked to reduce their biases; | ||
and | ||
(4) training that helps educators overcome implicit | ||
racial bias has implication for classroom interactions, | ||
student evaluation, and classroom engagement; it also | ||
affects student academic self-concept. | ||
(b) Each school board shall require in-service training for | ||
school personnel to include training to develop cultural | ||
competency, including understanding and reducing implicit | ||
racial bias. | ||
(c) As used in this Section, "implicit racial bias" means a | ||
preference, positive or negative, for a racial or ethnic group | ||
that operates outside of awareness. This bias has 3 different |
components: affective, behavioral, and cognitive.
| ||
(Source: P.A. 100-14, eff. 7-1-17; revised 10-19-17.) | ||
(105 ILCS 5/10-20.62) | ||
Sec. 10-20.62 10-20.60 . Dual enrollment and dual credit | ||
notification. A school board shall require the school | ||
district's high schools, if any, to inform all 11th and 12th | ||
grade students of dual enrollment and dual credit opportunities | ||
at public community colleges for qualified students.
| ||
(Source: P.A. 100-133, eff. 1-1-18; revised 10-19-17.) | ||
(105 ILCS 5/10-20.63) | ||
Sec. 10-20.63 10-20.60 . Availability of feminine hygiene | ||
products. | ||
(a) The General Assembly finds the following: | ||
(1) Feminine hygiene products are a health care | ||
necessity and not an item that can be foregone or | ||
substituted easily. | ||
(2) Access to feminine hygiene products is a serious | ||
and ongoing need in this State. | ||
(3) When students do not have access to affordable | ||
feminine hygiene products, they may miss multiple days of | ||
school every month. | ||
(4) When students have access to quality feminine | ||
hygiene products, they are able to continue with their | ||
daily lives with minimal interruption. |
(b) In this Section: | ||
"Feminine hygiene products" means tampons and sanitary | ||
napkins for use in connection with the menstrual cycle. | ||
"School building" means any facility (i) that is owned or | ||
leased by a school district or over which the school board has | ||
care, custody, and control and (ii) in which there is a public | ||
school serving students in grades 6 through 12. | ||
(c) A school district shall make feminine hygiene products | ||
available, at no cost to students, in the bathrooms of school | ||
buildings.
| ||
(Source: P.A. 100-163, eff. 1-1-18; revised 10-19-17.) | ||
(105 ILCS 5/10-20.64) | ||
Sec. 10-20.64 10-20.60 . Booking stations on school | ||
grounds. | ||
(a) There shall be no student booking station established | ||
or maintained on the grounds of any school. | ||
(b) This prohibition shall be applied to student booking | ||
stations only, as defined in this Section. The prohibition does | ||
not prohibit or affect the establishment or maintenance of any | ||
place operated by or under the control of law enforcement | ||
personnel, school resource officers, or other security | ||
personnel that does not also qualify as a student booking | ||
station as defined in paragraph (2) of subsection (d) of this | ||
Section. The prohibition does not affect or limit the powers | ||
afforded law enforcement officers to perform their duties |
within schools as otherwise prescribed by law. | ||
(c) When the underlying suspected or alleged criminal act | ||
is an act of violence, and isolation of a student or students | ||
is deemed necessary to the interest of public safety, and no | ||
other location is adequate for secure isolation of the student | ||
or students, offices as described in paragraph (1) of | ||
subsection (d) of this Section may be employed to detain | ||
students for a period no longer than that required to alleviate | ||
that threat to public safety. | ||
(d) As used in this Section, "student booking station" | ||
means a building, office, room, or any indefinitely established | ||
space or site, mobile or fixed, which operates concurrently as: | ||
(1) predominantly or regularly a place of operation for | ||
a municipal police department, county sheriff department, | ||
or other law enforcement agency, or under the primary | ||
control thereof; and | ||
(2) a site at which students are detained in connection | ||
with criminal charges or allegations against those | ||
students, taken into custody, or engaged with law | ||
enforcement personnel in any process that creates a law | ||
enforcement record of that contact with law enforcement | ||
personnel or processes.
| ||
(Source: P.A. 100-204, eff. 8-18-17; revised 10-19-17.) | ||
(105 ILCS 5/10-20.65) | ||
Sec. 10-20.65 10-20.60 . School social worker. A school |
board may employ school social workers who have graduated with | ||
a master's or higher degree in social work from an accredited | ||
graduate school of social work and have such additional | ||
qualifications as may be required by the State Board of | ||
Education and who hold a Professional Educator License with a | ||
school support personnel endorsement for school social work | ||
pursuant to Section 21B-25 of this Code. Only persons so | ||
licensed and endorsed may use the title "school social worker". | ||
A school social worker may provide individual and group | ||
services to the general student population and to students with | ||
disabilities pursuant to Article 14 of this Code and rules set | ||
forth in 23 Ill. Adm. Code 226, Special Education, adopted by | ||
the State Board of Education and may provide support and | ||
consultation to administrators, teachers, and other school | ||
personnel consistent with their professional qualifications | ||
and the provisions of this Code and other applicable laws. | ||
School districts may employ a sufficient number of school | ||
social workers to address the needs of their students and | ||
schools and may maintain the nationally recommended | ||
student-to-school social worker ratio of 250 to 1. A school | ||
social worker may not provide such services outside his or her | ||
employment to any student in the district or districts that | ||
employ the school social worker.
| ||
(Source: P.A. 100-356, eff. 8-25-17; revised 10-19-17.) | ||
(105 ILCS 5/10-20.66) |
(This Section may contain text from a Public Act with a | ||
delayed effective date ) | ||
Sec. 10-20.66 10-20.60 . School-grown produce. A school | ||
district may serve students produce grown and harvested by | ||
students in school-owned facilities utilizing hydroponics or | ||
aeroponics or in school-owned or community gardens if the soil | ||
and compost in which the produce is grown meets the standards | ||
adopted in 35 Ill. Adm. Code 830.503, if applicable, and the | ||
produce is served in accordance with the standards adopted in | ||
77 Ill. Adm. Code 750.
| ||
(Source: P.A. 100-505, eff. 6-1-18; revised 10-19-17.) | ||
(105 ILCS 5/10-22.3f)
| ||
Sec. 10-22.3f. Required health benefits. Insurance | ||
protection and
benefits
for employees shall provide the | ||
post-mastectomy care benefits required to be
covered by a | ||
policy of accident and health insurance under Section 356t and | ||
the
coverage required under Sections 356g, 356g.5, 356g.5-1, | ||
356u, 356w, 356x,
356z.6, 356z.8, 356z.9, 356z.11, 356z.12, | ||
356z.13, 356z.14, 356z.15, 356z.22, and 356z.25 , and 356z.26 of
| ||
the
Illinois Insurance Code.
Insurance policies shall comply | ||
with Section 356z.19 of the Illinois Insurance Code. The | ||
coverage shall comply with Sections 155.22a and 355b of
the | ||
Illinois Insurance Code.
| ||
Rulemaking authority to implement Public Act 95-1045, if | ||
any, is conditioned on the rules being adopted in accordance |
with all provisions of the Illinois Administrative Procedure | ||
Act and all rules and procedures of the Joint Committee on | ||
Administrative Rules; any purported rule not so adopted, for | ||
whatever reason, is unauthorized. | ||
(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17; | ||
revised 9-25-17.)
| ||
(105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
| ||
Sec. 10-22.6. Suspension or expulsion of pupils; school | ||
searches.
| ||
(a) To expel pupils guilty of gross disobedience or | ||
misconduct, including gross disobedience or misconduct | ||
perpetuated by electronic means, pursuant to subsection (b-20) | ||
of this Section, and
no action shall lie against them for such | ||
expulsion. Expulsion shall
take place only after the parents | ||
have been requested to appear at a
meeting of the board, or | ||
with a hearing officer appointed by it, to
discuss their | ||
child's behavior. Such request shall be made by registered
or | ||
certified mail and shall state the time, place and purpose of | ||
the
meeting. The board, or a hearing officer appointed by it, | ||
at such
meeting shall state the reasons for dismissal and the | ||
date on which the
expulsion is to become effective. If a | ||
hearing officer is appointed by
the board , he shall report to | ||
the board a written summary of the evidence
heard at the | ||
meeting and the board may take such action thereon as it
finds | ||
appropriate. If the board acts to expel a pupil, the written |
expulsion decision shall detail the specific reasons why | ||
removing the pupil from the learning environment is in the best | ||
interest of the school. The expulsion decision shall also | ||
include a rationale as to the specific duration of the | ||
expulsion. An expelled pupil may be immediately transferred to | ||
an alternative program in the manner provided in Article 13A or | ||
13B of this Code. A pupil must not be denied transfer because | ||
of the expulsion, except in cases in which such transfer is | ||
deemed to cause a threat to the safety of students or staff in | ||
the alternative program.
| ||
(b) To suspend or by policy to authorize the superintendent | ||
of
the district or the principal, assistant principal, or dean | ||
of students
of any school to suspend pupils guilty of gross | ||
disobedience or misconduct, or
to suspend pupils guilty of | ||
gross disobedience or misconduct on the school bus
from riding | ||
the school bus, pursuant to subsections (b-15) and (b-20) of | ||
this Section, and no action
shall lie against them for such | ||
suspension. The board may by policy
authorize the | ||
superintendent of the district or the principal, assistant
| ||
principal, or dean of students of any
school to suspend pupils | ||
guilty of such acts for a period not to exceed
10 school days. | ||
If a pupil is suspended due to gross disobedience or misconduct
| ||
on a school bus, the board may suspend the pupil in excess of | ||
10
school
days for safety reasons. | ||
Any suspension shall be reported immediately to the
parents | ||
or guardian of a pupil along with a full statement of the
|
reasons for such suspension and a notice of their right to a | ||
review. The school board must be given a summary of the notice, | ||
including the reason for the suspension and the suspension | ||
length. Upon request of the
parents or guardian , the school | ||
board or a hearing officer appointed by
it shall review such | ||
action of the superintendent or principal, assistant
| ||
principal, or dean of students. At such
review , the parents or | ||
guardian of the pupil may appear and discuss the
suspension | ||
with the board or its hearing officer. If a hearing officer
is | ||
appointed by the board , he shall report to the board a written | ||
summary
of the evidence heard at the meeting. After its hearing | ||
or upon receipt
of the written report of its hearing officer, | ||
the board may take such
action as it finds appropriate. If a | ||
student is suspended pursuant to this subsection (b), the board | ||
shall, in the written suspension decision, detail the specific | ||
act of gross disobedience or misconduct resulting in the | ||
decision to suspend. The suspension decision shall also include | ||
a rationale as to the specific duration of the suspension. A | ||
pupil who is suspended in excess of 20 school days may be | ||
immediately transferred to an alternative program in the manner | ||
provided in Article 13A or 13B of this Code. A pupil must not | ||
be denied transfer because of the suspension, except in cases | ||
in which such transfer is deemed to cause a threat to the | ||
safety of students or staff in the alternative program.
| ||
(b-5) Among the many possible disciplinary interventions | ||
and consequences available to school officials, school |
exclusions, such as out-of-school suspensions and expulsions, | ||
are the most serious. School officials shall limit the number | ||
and duration of expulsions and suspensions to the greatest | ||
extent practicable, and it is recommended that they use them | ||
only for legitimate educational purposes. To ensure that | ||
students are not excluded from school unnecessarily, it is | ||
recommended that school officials consider forms of | ||
non-exclusionary discipline prior to using out-of-school | ||
suspensions or expulsions. | ||
(b-10) Unless otherwise required by federal law or this | ||
Code, school boards may not institute zero-tolerance policies | ||
by which school administrators are required to suspend or expel | ||
students for particular behaviors. | ||
(b-15) Out-of-school suspensions of 3 days or less may be | ||
used only if the student's continuing presence in school would | ||
pose a threat to school safety or a disruption to other | ||
students' learning opportunities. For purposes of this | ||
subsection (b-15), "threat to school safety or a disruption to | ||
other students' learning opportunities" shall be determined on | ||
a case-by-case basis by the school board or its designee. | ||
School officials shall make all reasonable efforts to resolve | ||
such threats, address such disruptions, and minimize the length | ||
of suspensions to the greatest extent practicable. | ||
(b-20) Unless otherwise required by this Code, | ||
out-of-school suspensions of longer than 3 days, expulsions, | ||
and disciplinary removals to alternative schools may be used |
only if other appropriate and available behavioral and | ||
disciplinary interventions have been exhausted and the | ||
student's continuing presence in school would either (i) pose a
| ||
threat to the safety of other students, staff, or members of
| ||
the school community or (ii) substantially disrupt, impede, or
| ||
interfere with the operation of the school. For purposes of | ||
this subsection (b-20), "threat to the safety of other | ||
students, staff, or members of the school community" and | ||
"substantially disrupt, impede, or interfere with the | ||
operation of the school" shall be determined on a case-by-case | ||
basis by school officials. For purposes of this subsection | ||
(b-20), the determination of whether "appropriate and | ||
available behavioral and disciplinary interventions have been | ||
exhausted" shall be made by school officials. School officials | ||
shall make all reasonable efforts to resolve such threats, | ||
address such disruptions, and minimize the length of student | ||
exclusions to the greatest extent practicable. Within the | ||
suspension decision described in subsection (b) of this Section | ||
or the expulsion decision described in subsection (a) of this | ||
Section, it shall be documented whether other interventions | ||
were attempted or whether it was determined that there were no | ||
other appropriate and available interventions. | ||
(b-25) Students who are suspended out-of-school for longer | ||
than 4 school days shall be provided appropriate and available | ||
support services during the period of their suspension. For | ||
purposes of this subsection (b-25), "appropriate and available |
support services" shall be determined by school authorities. | ||
Within the suspension decision described in subsection (b) of | ||
this Section, it shall be documented whether such services are | ||
to be provided or whether it was determined that there are no | ||
such appropriate and available services. | ||
A school district may refer students who are expelled to | ||
appropriate and available support services. | ||
A school district shall create a policy to facilitate the | ||
re-engagement of students who are suspended out-of-school, | ||
expelled, or returning from an alternative school setting. | ||
(b-30) A school district shall create a policy by which | ||
suspended pupils, including those pupils suspended from the | ||
school bus who do not have alternate transportation to school, | ||
shall have the opportunity to make up work for equivalent | ||
academic credit. It shall be the responsibility of a pupil's | ||
parent or guardian to notify school officials that a pupil | ||
suspended from the school bus does not have alternate | ||
transportation to school. | ||
(c) The Department of Human Services
shall be invited to | ||
send a representative to consult with the board at
such meeting | ||
whenever there is evidence that mental illness may be the
cause | ||
for expulsion or suspension.
| ||
(c-5) School districts shall make reasonable efforts to | ||
provide ongoing professional development to teachers, | ||
administrators, school board members, school resource | ||
officers, and staff on the adverse consequences of school |
exclusion and justice-system involvement, effective classroom | ||
management strategies, culturally responsive discipline, and | ||
developmentally appropriate disciplinary methods that promote | ||
positive and healthy school climates. | ||
(d) The board may expel a student for a definite period of | ||
time not to
exceed 2 calendar years, as determined on a | ||
case-by-case case by case basis.
A student who
is determined to | ||
have brought one of the following objects to school, any | ||
school-sponsored activity
or event, or any activity or event | ||
that bears a reasonable relationship to school shall be | ||
expelled for a period of not less than
one year: | ||
(1) A firearm. For the purposes of this Section, | ||
"firearm" means any gun, rifle, shotgun, weapon as defined | ||
by Section 921 of Title 18 of the United States Code, | ||
firearm as defined in Section 1.1 of the Firearm Owners | ||
Identification Card Act, or firearm as defined in Section | ||
24-1 of the Criminal Code of 2012. The expulsion period | ||
under this subdivision (1) may be modified by the | ||
superintendent, and the superintendent's determination may | ||
be modified by the board on a case-by-case basis. | ||
(2) A knife, brass knuckles or other knuckle weapon | ||
regardless of its composition, a billy club, or any other | ||
object if used or attempted to be used to cause bodily | ||
harm, including "look alikes" of any firearm as defined in | ||
subdivision (1) of this subsection (d). The expulsion | ||
requirement under this subdivision (2) may be modified by |
the superintendent, and the superintendent's determination | ||
may be modified by the board on a case-by-case basis. | ||
Expulsion
or suspension
shall be construed in a
manner | ||
consistent with the Federal Individuals with Disabilities | ||
Education
Act. A student who is subject to suspension or | ||
expulsion as provided in this
Section may be eligible for a | ||
transfer to an alternative school program in
accordance with | ||
Article 13A of the School Code.
| ||
(d-5) The board may suspend or by regulation
authorize the | ||
superintendent of the district or the principal, assistant
| ||
principal, or dean of students of any
school to suspend a | ||
student for a period not to exceed
10 school days or may expel | ||
a student for a definite period of time not to
exceed 2 | ||
calendar years, as determined on a case-by-case case by case | ||
basis, if (i) that student has been determined to have made an | ||
explicit threat on an Internet website against a school | ||
employee, a student, or any school-related personnel, (ii) the | ||
Internet website through which the threat was made is a site | ||
that was accessible within the school at the time the threat | ||
was made or was available to third parties who worked or | ||
studied within the school grounds at the time the threat was | ||
made, and (iii) the threat could be reasonably interpreted as | ||
threatening to the safety and security of the threatened | ||
individual because of his or her duties or employment status or | ||
status as a student inside the school.
| ||
(e) To maintain order and security in the schools, school |
authorities may
inspect and search places and areas such as | ||
lockers, desks, parking lots, and
other school property and | ||
equipment owned or controlled by the school, as well
as | ||
personal effects left in those places and areas by students, | ||
without notice
to or the consent of the student, and without a | ||
search warrant. As a matter of
public policy, the General | ||
Assembly finds that students have no reasonable
expectation of | ||
privacy in these places and areas or in their personal effects
| ||
left in these places and areas. School authorities may request | ||
the assistance
of law enforcement officials for the purpose of | ||
conducting inspections and
searches of lockers, desks, parking | ||
lots, and other school property and
equipment owned or | ||
controlled by the school for illegal drugs, weapons, or
other
| ||
illegal or dangerous substances or materials, including | ||
searches conducted
through the use of specially trained dogs. | ||
If a search conducted in accordance
with this Section produces | ||
evidence that the student has violated or is
violating either | ||
the law, local ordinance, or the school's policies or rules,
| ||
such evidence may be seized by school authorities, and | ||
disciplinary action may
be taken. School authorities may also | ||
turn over such evidence to law
enforcement authorities.
| ||
(f) Suspension or expulsion may include suspension or | ||
expulsion from
school and all school activities and a | ||
prohibition from being present on school
grounds.
| ||
(g) A school district may adopt a policy providing that if | ||
a student
is suspended or expelled for any reason from any |
public or private school
in this or any other state, the | ||
student must complete the entire term of
the suspension or | ||
expulsion in an alternative school program under Article 13A of | ||
this Code or an alternative learning opportunities program | ||
under Article 13B of this Code before being admitted into the | ||
school
district if there is no threat to the safety of students | ||
or staff in the alternative program.
| ||
(h) School officials shall not advise or encourage students | ||
to drop out voluntarily due to behavioral or academic | ||
difficulties. | ||
(i) A student may not be issued a monetary fine or fee as a | ||
disciplinary consequence, though this shall not preclude | ||
requiring a student to provide restitution for lost, stolen, or | ||
damaged property. | ||
(j) Subsections (a) through (i) of this Section shall apply | ||
to elementary and secondary schools, charter schools, special | ||
charter districts, and school districts organized under | ||
Article 34 of this Code. | ||
(k) The expulsion of children enrolled in programs funded | ||
under Section 1C-2 of this Code is subject to the requirements | ||
under paragraph (7) of subsection (a) of Section 2-3.71 of this | ||
Code. | ||
(Source: P.A. 99-456, eff. 9-15-16; 100-105, eff. 1-1-18; | ||
revised 1-22-18.)
| ||
(105 ILCS 5/14-8.02) (from Ch. 122, par. 14-8.02)
|
Sec. 14-8.02. Identification, evaluation , and placement of | ||
children.
| ||
(a) The State Board of Education shall make rules under | ||
which local school
boards shall determine the eligibility of | ||
children to receive special
education. Such rules shall ensure | ||
that a free appropriate public
education be available to all | ||
children with disabilities as
defined in
Section 14-1.02. The | ||
State Board of Education shall require local school
districts | ||
to administer non-discriminatory procedures or tests to
| ||
English learners coming from homes in which a language
other | ||
than English is used to determine their eligibility to receive | ||
special
education. The placement of low English proficiency | ||
students in special
education programs and facilities shall be | ||
made in accordance with the test
results reflecting the | ||
student's linguistic, cultural and special education
needs. | ||
For purposes of determining the eligibility of children the | ||
State
Board of Education shall include in the rules definitions | ||
of "case study",
"staff conference", "individualized | ||
educational program", and "qualified
specialist" appropriate | ||
to each category of children with
disabilities as defined in
| ||
this Article. For purposes of determining the eligibility of | ||
children from
homes in which a language other than English is | ||
used, the State Board of
Education shall include in the rules
| ||
definitions for "qualified bilingual specialists" and | ||
"linguistically and
culturally appropriate individualized | ||
educational programs". For purposes of this
Section, as well as |
Sections 14-8.02a, 14-8.02b, and 14-8.02c of this Code,
| ||
"parent" means a parent as defined in the federal Individuals | ||
with Disabilities Education Act (20 U.S.C. 1401(23)).
| ||
(b) No child shall be eligible for special education | ||
facilities except
with a carefully completed case study fully | ||
reviewed by professional
personnel in a multidisciplinary | ||
staff conference and only upon the
recommendation of qualified | ||
specialists or a qualified bilingual specialist, if
available. | ||
At the conclusion of the multidisciplinary staff conference, | ||
the
parent of the child shall be given a copy of the | ||
multidisciplinary
conference summary report and | ||
recommendations, which includes options
considered, and be | ||
informed of their right to obtain an independent educational
| ||
evaluation if they disagree with the evaluation findings | ||
conducted or obtained
by the school district. If the school | ||
district's evaluation is shown to be
inappropriate, the school | ||
district shall reimburse the parent for the cost of
the | ||
independent evaluation. The State Board of Education shall, | ||
with advice
from the State Advisory Council on Education of | ||
Children with
Disabilities on the
inclusion of specific | ||
independent educational evaluators, prepare a list of
| ||
suggested independent educational evaluators. The State Board | ||
of Education
shall include on the list clinical psychologists | ||
licensed pursuant to the
Clinical Psychologist Licensing Act. | ||
Such psychologists shall not be paid fees
in excess of the | ||
amount that would be received by a school psychologist for
|
performing the same services. The State Board of Education | ||
shall supply school
districts with such list and make the list | ||
available to parents at their
request. School districts shall | ||
make the list available to parents at the time
they are | ||
informed of their right to obtain an independent educational
| ||
evaluation. However, the school district may initiate an | ||
impartial
due process hearing under this Section within 5 days | ||
of any written parent
request for an independent educational | ||
evaluation to show that
its evaluation is appropriate. If the | ||
final decision is that the evaluation
is appropriate, the | ||
parent still has a right to an independent educational
| ||
evaluation, but not at public expense. An independent | ||
educational
evaluation at public expense must be completed | ||
within 30 days of a parent
written request unless the school | ||
district initiates an
impartial due process hearing or the | ||
parent or school district
offers reasonable grounds to show | ||
that such 30 day time period should be
extended. If the due | ||
process hearing decision indicates that the parent is entitled | ||
to an independent educational evaluation, it must be
completed | ||
within 30 days of the decision unless the parent or
the school | ||
district offers reasonable grounds to show that such 30 day
| ||
period should be extended. If a parent disagrees with the | ||
summary report or
recommendations of the multidisciplinary | ||
conference or the findings of any
educational evaluation which | ||
results therefrom, the school
district shall not proceed with a | ||
placement based upon such evaluation and
the child shall remain |
in his or her regular classroom setting.
No child shall be | ||
eligible for admission to a
special class for children with a | ||
mental disability who are educable or for children with a | ||
mental disability who are trainable except with a psychological | ||
evaluation
and
recommendation by a school psychologist. | ||
Consent shall be obtained from
the parent of a child before any | ||
evaluation is conducted.
If consent is not given by the parent | ||
or if the parent disagrees with the findings of the evaluation, | ||
then the school
district may initiate an impartial due process | ||
hearing under this Section.
The school district may evaluate | ||
the child if that is the decision
resulting from the impartial | ||
due process hearing and the decision is not
appealed or if the | ||
decision is affirmed on appeal.
The determination of | ||
eligibility shall be made and the IEP meeting shall be | ||
completed within 60 school days
from the date of written | ||
parental consent. In those instances when written parental | ||
consent is obtained with fewer than 60 pupil attendance days | ||
left in the school year,
the eligibility determination shall be | ||
made and the IEP meeting shall be completed prior to the first | ||
day of the
following school year. Special education and related | ||
services must be provided in accordance with the student's IEP | ||
no later than 10 school attendance days after notice is | ||
provided to the parents pursuant to Section 300.503 of Title 34 | ||
of the Code of Federal Regulations and implementing rules | ||
adopted by the State Board of Education. The appropriate
| ||
program pursuant to the individualized educational program of |
students
whose native tongue is a language other than English | ||
shall reflect the
special education, cultural and linguistic | ||
needs. No later than September
1, 1993, the State Board of | ||
Education shall establish standards for the
development, | ||
implementation and monitoring of appropriate bilingual special
| ||
individualized educational programs. The State Board of | ||
Education shall
further incorporate appropriate monitoring | ||
procedures to verify implementation
of these standards. The | ||
district shall indicate to the parent and
the State Board of | ||
Education the nature of the services the child will receive
for | ||
the regular school term while waiting placement in the | ||
appropriate special
education class.
| ||
If the child is deaf, hard of hearing, blind, or visually | ||
impaired and
he or she might be eligible to receive services | ||
from the Illinois School for
the Deaf or the Illinois School | ||
for the Visually Impaired, the school
district shall notify the | ||
parents, in writing, of the existence of
these schools
and the | ||
services
they provide and shall make a reasonable effort to | ||
inform the parents of the existence of other, local schools | ||
that provide similar services and the services that these other | ||
schools provide. This notification
shall
include without | ||
limitation information on school services, school
admissions | ||
criteria, and school contact information.
| ||
In the development of the individualized education program | ||
for a student who has a disability on the autism spectrum | ||
(which includes autistic disorder, Asperger's disorder, |
pervasive developmental disorder not otherwise specified, | ||
childhood disintegrative disorder, and Rett Syndrome, as | ||
defined in the Diagnostic and Statistical Manual of Mental | ||
Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall | ||
consider all of the following factors: | ||
(1) The verbal and nonverbal communication needs of the | ||
child. | ||
(2) The need to develop social interaction skills and | ||
proficiencies. | ||
(3) The needs resulting from the child's unusual | ||
responses to sensory experiences. | ||
(4) The needs resulting from resistance to | ||
environmental change or change in daily routines. | ||
(5) The needs resulting from engagement in repetitive | ||
activities and stereotyped movements. | ||
(6) The need for any positive behavioral | ||
interventions, strategies, and supports to address any | ||
behavioral difficulties resulting from autism spectrum | ||
disorder. | ||
(7) Other needs resulting from the child's disability | ||
that impact progress in the general curriculum, including | ||
social and emotional development. | ||
Public Act 95-257
does not create any new entitlement to a | ||
service, program, or benefit, but must not affect any | ||
entitlement to a service, program, or benefit created by any | ||
other law.
|
If the student may be eligible to participate in the | ||
Home-Based Support
Services Program for Adults with Mental | ||
Disabilities authorized under the
Developmental Disability and | ||
Mental Disability Services Act upon becoming an
adult, the | ||
student's individualized education program shall include plans | ||
for
(i) determining the student's eligibility for those | ||
home-based services, (ii)
enrolling the student in the program | ||
of home-based services, and (iii)
developing a plan for the | ||
student's most effective use of the home-based
services after | ||
the student becomes an adult and no longer receives special
| ||
educational services under this Article. The plans developed | ||
under this
paragraph shall include specific actions to be taken | ||
by specified individuals,
agencies, or officials.
| ||
(c) In the development of the individualized education | ||
program for a
student who is functionally blind, it shall be | ||
presumed that proficiency in
Braille reading and writing is | ||
essential for the student's satisfactory
educational progress. | ||
For purposes of this subsection, the State Board of
Education | ||
shall determine the criteria for a student to be classified as
| ||
functionally blind. Students who are not currently identified | ||
as
functionally blind who are also entitled to Braille | ||
instruction include:
(i) those whose vision loss is so severe | ||
that they are unable to read and
write at a level comparable to | ||
their peers solely through the use of
vision, and (ii) those | ||
who show evidence of progressive vision loss that
may result in | ||
functional blindness. Each student who is functionally blind
|
shall be entitled to Braille reading and writing instruction | ||
that is
sufficient to enable the student to communicate with | ||
the same level of
proficiency as other students of comparable | ||
ability. Instruction should be
provided to the extent that the | ||
student is physically and cognitively able
to use Braille. | ||
Braille instruction may be used in combination with other
| ||
special education services appropriate to the student's | ||
educational needs.
The assessment of each student who is | ||
functionally blind for the purpose of
developing the student's | ||
individualized education program shall include
documentation | ||
of the student's strengths and weaknesses in Braille skills.
| ||
Each person assisting in the development of the individualized | ||
education
program for a student who is functionally blind shall | ||
receive information
describing the benefits of Braille | ||
instruction. The individualized
education program for each | ||
student who is functionally blind shall
specify the appropriate | ||
learning medium or media based on the assessment
report.
| ||
(d) To the maximum extent appropriate, the placement shall | ||
provide the
child with the opportunity to be educated with | ||
children who do not have a disability; provided that children | ||
with
disabilities who are recommended to be
placed into regular | ||
education classrooms are provided with supplementary
services | ||
to assist the children with disabilities to benefit
from the | ||
regular
classroom instruction and are included on the teacher's | ||
regular education class
register. Subject to the limitation of | ||
the preceding sentence, placement in
special classes, separate |
schools or other removal of the child with a disability
from | ||
the regular educational environment shall occur only when the | ||
nature of
the severity of the disability is such that education | ||
in the
regular classes with
the use of supplementary aids and | ||
services cannot be achieved satisfactorily.
The placement of | ||
English learners with disabilities shall
be in non-restrictive | ||
environments which provide for integration with
peers who do | ||
not have disabilities in bilingual classrooms. Annually, each | ||
January, school districts shall report data on students from | ||
non-English
speaking backgrounds receiving special education | ||
and related services in
public and private facilities as | ||
prescribed in Section 2-3.30. If there
is a disagreement | ||
between parties involved regarding the special education
| ||
placement of any child, either in-state or out-of-state, the | ||
placement is
subject to impartial due process procedures | ||
described in Article 10 of the
Rules and Regulations to Govern | ||
the Administration and Operation of Special
Education.
| ||
(e) No child who comes from a home in which a language | ||
other than English
is the principal language used may be | ||
assigned to any class or program
under this Article until he | ||
has been given, in the principal language
used by the child and | ||
used in his home, tests reasonably related to his
cultural | ||
environment. All testing and evaluation materials and | ||
procedures
utilized for evaluation and placement shall not be | ||
linguistically, racially or
culturally discriminatory.
| ||
(f) Nothing in this Article shall be construed to require |
any child to
undergo any physical examination or medical | ||
treatment whose parents object thereto on the grounds that such | ||
examination or
treatment conflicts with his religious beliefs.
| ||
(g) School boards or their designee shall provide to the | ||
parents of a child prior written notice of any decision (a) | ||
proposing
to initiate or change, or (b) refusing to initiate or | ||
change, the
identification, evaluation, or educational | ||
placement of the child or the
provision of a free appropriate | ||
public education to their child, and the
reasons therefor. Such | ||
written notification shall also inform the
parent of the | ||
opportunity to present complaints with respect
to any matter | ||
relating to the educational placement of the student, or
the | ||
provision of a free appropriate public education and to have an
| ||
impartial due process hearing on the complaint. The notice | ||
shall inform
the parents in the parents' native language,
| ||
unless it is clearly not feasible to do so, of their rights and | ||
all
procedures available pursuant to this Act and the federal | ||
Individuals with Disabilities Education Improvement Act of | ||
2004 (Public Law 108-446); it
shall be the responsibility of | ||
the State Superintendent to develop
uniform notices setting | ||
forth the procedures available under this Act
and the federal | ||
Individuals with Disabilities Education Improvement Act of | ||
2004 (Public Law 108-446) to be used by all school boards. The | ||
notice
shall also inform the parents of the availability upon
| ||
request of a list of free or low-cost legal and other relevant | ||
services
available locally to assist parents in initiating an
|
impartial due process hearing. The State Superintendent shall | ||
revise the uniform notices required by this subsection (g) to | ||
reflect current law and procedures at least once every 2 years. | ||
Any parent who is deaf, or
does not normally communicate using | ||
spoken English, who participates in
a meeting with a | ||
representative of a local educational agency for the
purposes | ||
of developing an individualized educational program shall be
| ||
entitled to the services of an interpreter.
| ||
(g-5) For purposes of this subsection (g-5), "qualified | ||
professional" means an individual who holds credentials to | ||
evaluate the child in the domain or domains for which an | ||
evaluation is sought or an intern working under the direct | ||
supervision of a qualified professional, including a master's | ||
or doctoral degree candidate. | ||
To ensure that a parent can participate fully and | ||
effectively with school personnel in the development of | ||
appropriate educational and related services for his or her | ||
child, the parent, an independent educational evaluator, or a | ||
qualified professional retained by or on behalf of a parent or | ||
child must be afforded reasonable access to educational | ||
facilities, personnel, classrooms, and buildings and to the | ||
child as provided in this subsection (g-5). The requirements of | ||
this subsection (g-5) apply to any public school facility, | ||
building, or program and to any facility, building, or program | ||
supported in whole or in part by public funds. Prior to | ||
visiting a school, school building, or school facility, the |
parent, independent educational evaluator, or qualified | ||
professional may be required by the school district to inform | ||
the building principal or supervisor in writing of the proposed | ||
visit, the purpose of the visit, and the approximate duration | ||
of the visit. The visitor and the school district shall arrange | ||
the visit or visits at times that are mutually agreeable. | ||
Visitors shall comply with school safety, security, and | ||
visitation policies at all times. School district visitation | ||
policies must not conflict with this subsection (g-5). Visitors | ||
shall be required to comply with the requirements of applicable | ||
privacy laws, including those laws protecting the | ||
confidentiality of education records such as the federal Family | ||
Educational Rights and Privacy Act and the Illinois School | ||
Student Records Act. The visitor shall not disrupt the | ||
educational process. | ||
(1) A parent must be afforded reasonable access of | ||
sufficient duration and scope for the purpose of observing | ||
his or her child in the child's current educational | ||
placement, services, or program or for the purpose of | ||
visiting an educational placement or program proposed for | ||
the child. | ||
(2) An independent educational evaluator or a | ||
qualified professional retained by or on behalf of a parent | ||
or child must be afforded reasonable access of sufficient | ||
duration and scope for the purpose of conducting an | ||
evaluation of the child, the child's performance, the |
child's current educational program, placement, services, | ||
or environment, or any educational program, placement, | ||
services, or environment proposed for the child, including | ||
interviews of educational personnel, child observations, | ||
assessments, tests or assessments of the child's | ||
educational program, services, or placement or of any | ||
proposed educational program, services, or placement. If | ||
one or more interviews of school personnel are part of the | ||
evaluation, the interviews must be conducted at a mutually | ||
agreed upon time, date, and place that do not interfere | ||
with the school employee's school duties. The school | ||
district may limit interviews to personnel having | ||
information relevant to the child's current educational | ||
services, program, or placement or to a proposed | ||
educational service, program, or placement. | ||
(h) (Blank).
| ||
(i) (Blank).
| ||
(j) (Blank).
| ||
(k) (Blank).
| ||
(l) (Blank).
| ||
(m) (Blank).
| ||
(n) (Blank).
| ||
(o) (Blank).
| ||
(Source: P.A. 99-30, eff. 7-10-15; 99-143, eff. 7-27-15; | ||
99-642, eff. 7-28-16; 100-122, eff. 8-18-17; revised 9-25-17.)
|
(105 ILCS 5/14-8.02a)
| ||
Sec. 14-8.02a. Impartial due process hearing; civil | ||
action.
| ||
(a) This Section
shall apply to all impartial due process | ||
hearings requested on or after July
1, 2005. Impartial due | ||
process hearings requested before July 1, 2005 shall be | ||
governed by the rules described in Public Act 89-652. | ||
(a-5) For purposes of this Section and Section 14-8.02b of | ||
this Code, days shall be computed in accordance with Section | ||
1.11 of the Statute on Statutes.
| ||
(b) The State Board of Education shall establish an | ||
impartial due process
hearing system in accordance with this
| ||
Section and may, with the advice and approval of the Advisory | ||
Council on
Education of Children with Disabilities, promulgate | ||
rules and regulations
consistent with this Section to establish | ||
the rules and procedures for due process hearings.
| ||
(c) (Blank).
| ||
(d) (Blank).
| ||
(e) (Blank).
| ||
(f) An impartial due process hearing shall be convened upon | ||
the request of a
parent, student if at least 18 years of age or | ||
emancipated, or a
school district. A school district shall
make | ||
a request in writing to the State Board of Education and | ||
promptly mail a
copy of the request to the parents or student | ||
(if at least 18 years of age or emancipated) at the parent's or | ||
student's last
known address. A request made by the parent or |
student shall be made in writing to the superintendent of the | ||
school district where the student resides. The superintendent | ||
shall forward the request to the State Board of Education | ||
within 5 days after receipt of the request. The request shall | ||
be filed no more than 2 years following the date the person or | ||
school district knew or should have known of the event or | ||
events forming the basis for the request. The request shall, at | ||
a minimum, contain all of the following: | ||
(1) The name of the student, the address of the | ||
student's residence, and the name of the school the student | ||
is attending. | ||
(2) In the case of homeless children (as defined under | ||
the federal McKinney-Vento Homeless Assistance Act (42 | ||
U.S.C. 11434a(2)) ) , available contact information for the | ||
student and the name of the school the student is | ||
attending. | ||
(3) A description of the nature of the problem relating | ||
to the actual or proposed placement, identification, | ||
services, or evaluation of the student, including facts | ||
relating to the problem. | ||
(4) A proposed resolution of the problem to the extent | ||
known and available to the party at the time. | ||
(f-5) Within 3 days after receipt of the hearing request,
| ||
the State Board of
Education shall appoint a due process | ||
hearing officer using a rotating
appointment system and shall | ||
notify the hearing officer of his or her
appointment. |
For a school district other than a school district located | ||
in a municipality having a population exceeding 500,000, a | ||
hearing officer who is a current resident of the school | ||
district, special
education cooperative, or other public | ||
entity involved in the hearing shall recuse himself or herself. | ||
A hearing officer who is a former employee of the school | ||
district, special education cooperative, or other public | ||
entity involved in the hearing shall immediately disclose the | ||
former employment to the parties and shall recuse himself or | ||
herself, unless the parties otherwise agree in writing. A
| ||
hearing officer having a personal or professional interest that | ||
may conflict
with his or her objectivity in the hearing shall | ||
disclose the conflict to the parties and shall recuse himself | ||
or herself unless the parties otherwise agree in writing. For | ||
purposes of this subsection
an assigned hearing officer shall | ||
be considered to have a conflict of interest
if, at any time | ||
prior to the issuance of his or her written decision, he or she
| ||
knows or should know that he or she may receive remuneration | ||
from a party
to the hearing within 3 years following the | ||
conclusion of the due process
hearing. | ||
A party to a due process hearing shall be permitted one | ||
substitution
of hearing officer as a matter of right, in | ||
accordance with procedures
established by the rules adopted by | ||
the State Board of Education under this
Section. The State | ||
Board of Education shall randomly select and appoint
another | ||
hearing officer within 3 days after receiving notice that the |
appointed
hearing officer is ineligible to serve or upon | ||
receiving a proper request for
substitution of hearing officer. | ||
If a party withdraws its request for a due
process hearing | ||
after a hearing officer has been appointed, that hearing
| ||
officer shall retain jurisdiction over a subsequent hearing | ||
that involves the
same parties and is requested within one year | ||
from the date of withdrawal of
the previous request, unless | ||
that hearing
officer is unavailable.
| ||
Any party may raise
facts that constitute a conflict of | ||
interest for the hearing officer at any
time before or during | ||
the hearing and may move for recusal.
| ||
(g) Impartial due process hearings shall be conducted | ||
pursuant to this
Section and any rules and regulations | ||
promulgated by the State Board of Education
consistent with | ||
this Section and other governing laws and regulations. The | ||
hearing shall address only those issues properly raised in the | ||
hearing request under subsection (f) of this Section or, if | ||
applicable, in the amended hearing request under subsection | ||
(g-15) of this Section. The
hearing shall be closed to the | ||
public unless the parents request
that the hearing be open to | ||
the public. The parents involved in
the hearing shall have the | ||
right to have the student who is the subject of the
hearing | ||
present. The hearing shall be held at a time and place which | ||
are
reasonably convenient to the parties involved. Upon the | ||
request of
a party, the hearing officer shall hold the hearing | ||
at a location neutral to
the parties if the hearing officer |
determines that there is no cost for
securing the use of the | ||
neutral location. Once appointed, the impartial due
process | ||
hearing officer shall not communicate with the State Board of | ||
Education
or its employees concerning the
hearing, except that, | ||
where circumstances require, communications for
administrative | ||
purposes that do not deal with substantive or procedural | ||
matters
or issues on the merits are authorized, provided that | ||
the hearing officer
promptly notifies all parties of the | ||
substance of the communication as a matter
of record. | ||
(g-5) Unless the school district has previously provided | ||
prior written notice to the parent or student (if at least 18 | ||
years of age or emancipated) regarding the subject matter of | ||
the hearing request, the school district shall, within 10 days | ||
after receiving a hearing request initiated by a parent or | ||
student (if at least 18 years of age or emancipated), provide a | ||
written response to the request that shall include all of the | ||
following: | ||
(1) An explanation of why the school district proposed | ||
or refused to take the action or actions described in the | ||
hearing request. | ||
(2) A description of other options the IEP team | ||
considered and the reasons why those options were rejected. | ||
(3) A description of each evaluation procedure, | ||
assessment, record, report, or other evidence the school | ||
district used as the basis for the proposed or refused | ||
action or actions. |
(4) A description of the factors that are or were | ||
relevant to the school district's proposed or refused | ||
action or actions. | ||
(g-10) When the hearing request has been initiated by a | ||
school district, within 10 days after receiving the request, | ||
the parent or student (if at least 18 years of age or | ||
emancipated) shall provide the school district with a response | ||
that specifically addresses the issues raised in the school | ||
district's hearing request. The parent's or student's response | ||
shall be provided in writing, unless he or she is illiterate or | ||
has a disability that prevents him or her from providing a | ||
written response. The parent's or student's response may be | ||
provided in his or her native language, if other than English. | ||
In the event that illiteracy or another disabling condition | ||
prevents the parent or student from providing a written | ||
response, the school district shall assist the parent or | ||
student in providing the written response. | ||
(g-15) Within 15 days after receiving notice of the hearing | ||
request, the non-requesting party may challenge the | ||
sufficiency of the request by submitting its challenge in | ||
writing to the hearing officer. Within 5 days after receiving | ||
the challenge to the sufficiency of the request, the hearing | ||
officer shall issue a determination of the challenge in writing | ||
to the parties. In the event that the hearing officer upholds | ||
the challenge, the party who requested the hearing may, with | ||
the consent of the non-requesting party or hearing officer, |
file an amended request. Amendments are permissible for the | ||
purpose of raising issues beyond those in the initial hearing | ||
request. In addition, the party who requested the hearing may | ||
amend the request once as a matter of right by filing the | ||
amended request within 5 days after filing the initial request. | ||
An amended request, other than an amended request as a matter | ||
of right, shall be filed by the date determined by the hearing | ||
officer, but in no event any later than 5 days prior to the | ||
date of the hearing. If an amended request, other than an | ||
amended request as a matter of right, raises issues that were | ||
not part of the initial request, the applicable timeline for a | ||
hearing, including the timeline under subsection (g-20) of this | ||
Section, shall recommence. | ||
(g-20) Within 15 days after receiving a request for a | ||
hearing from a parent or student (if at least 18 years of age | ||
or emancipated) or, in the event that the school district | ||
requests a hearing, within 15 days after initiating the | ||
request, the school district shall convene a resolution meeting | ||
with the parent and relevant members of the IEP team who have | ||
specific knowledge of the facts contained in the request for | ||
the purpose of resolving the problem that resulted in the | ||
request. The resolution meeting shall include a representative | ||
of the school district who has decision-making authority on | ||
behalf of the school district. Unless the parent is accompanied | ||
by an attorney at the resolution meeting, the school district | ||
may not include an attorney representing the school district. |
The resolution meeting may not be waived unless agreed to | ||
in writing by the school district and the parent or student (if | ||
at least 18 years of age or emancipated) or the parent or | ||
student (if at least 18 years of age or emancipated) and the | ||
school district agree in writing to utilize mediation in place | ||
of the resolution meeting. If either party fails to cooperate | ||
in the scheduling or convening of the resolution meeting, the | ||
hearing officer may order an extension of the timeline for | ||
completion of the resolution meeting or, upon the motion of a | ||
party and at least 7 days after ordering the non-cooperating | ||
party to cooperate, order the dismissal of the hearing request | ||
or the granting of all relief set forth in the request, as | ||
appropriate. | ||
In the event that the school district and the parent or | ||
student (if at least 18 years of age or emancipated) agree to a | ||
resolution of the problem that resulted in the hearing request, | ||
the terms of the resolution shall be committed to writing and | ||
signed by the parent or student (if at least 18 years of age or | ||
emancipated) and the representative of the school district with | ||
decision-making authority. The agreement shall be legally | ||
binding and shall be enforceable in any State or federal court | ||
of competent jurisdiction. In the event that the parties | ||
utilize the resolution meeting process, the process shall | ||
continue until no later than the 30th day following the receipt | ||
of the hearing request by the non-requesting party (or as | ||
properly extended by order of the hearing officer) to resolve |
the issues underlying the request, at which time the timeline | ||
for completion of the impartial due process hearing shall | ||
commence. The State Board of Education may, by rule, establish | ||
additional procedures for the conduct of resolution meetings. | ||
(g-25) If mutually agreed to in writing, the parties to a | ||
hearing request may request State-sponsored mediation as a | ||
substitute for the resolution process described in subsection | ||
(g-20) of this Section or may utilize mediation at the close of | ||
the resolution process if all issues underlying the hearing | ||
request have not been resolved through the resolution process. | ||
(g-30) If mutually agreed to in writing, the parties to a | ||
hearing request may waive the resolution process described in | ||
subsection (g-20) of this Section. Upon signing a written | ||
agreement to waive the resolution process, the parties shall be | ||
required to forward the written waiver to the hearing officer | ||
appointed to the case within 2 business days following the | ||
signing of the waiver by the parties. The timeline for the | ||
impartial due process hearing shall commence on the date of the | ||
signing of the waiver by the parties. | ||
(g-35) The timeline for completing the impartial due | ||
process hearing, as set forth in subsection (h) of this | ||
Section, shall be initiated upon the occurrence of any one of | ||
the following events: | ||
(1) The unsuccessful completion of the resolution | ||
process as described in subsection (g-20) of this Section. | ||
(2) The mutual agreement of the parties to waive the |
resolution process as described in subsection (g-25) or | ||
(g-30) of this Section.
| ||
(g-40) The hearing officer shall convene a prehearing | ||
conference no later than 14
days before the scheduled date for | ||
the due process hearing for the general
purpose of aiding in | ||
the fair, orderly, and expeditious conduct of the hearing.
The | ||
hearing officer shall provide the parties with written notice | ||
of the
prehearing conference at least 7 days in advance of the | ||
conference. The
written notice shall require the parties to | ||
notify the hearing officer by a
date certain whether they | ||
intend to participate in the prehearing conference.
The hearing | ||
officer may conduct the prehearing conference in person or by
| ||
telephone. Each party shall at the prehearing conference (1) | ||
disclose whether
it is represented by legal counsel or intends | ||
to retain legal counsel; (2) clarify
matters it believes to be | ||
in dispute in the case and the specific relief
being sought; | ||
(3) disclose whether there are any additional evaluations for | ||
the student
that it intends to
introduce into the
hearing | ||
record that have not been previously disclosed to the other | ||
parties;
(4) disclose a list of all documents it intends to | ||
introduce into the hearing record,
including the date and a | ||
brief description of each document; and (5) disclose the names
| ||
of all witnesses it intends to call to testify at the hearing. | ||
The hearing
officer shall specify the order of presentation to | ||
be used at the hearing. If
the
prehearing conference is held by | ||
telephone, the parties shall transmit the
information required |
in this paragraph in such a manner that it is available to
all | ||
parties at the time of the prehearing conference. The State | ||
Board of
Education may, by
rule, establish additional | ||
procedures for the conduct of prehearing
conferences.
| ||
(g-45) The
impartial due process hearing officer shall not | ||
initiate or participate in any
ex parte communications with the | ||
parties, except to arrange the date, time,
and location of the | ||
prehearing conference, due process hearing, or other status | ||
conferences convened at the discretion of the hearing officer
| ||
and to
receive confirmation of whether a party intends to | ||
participate in the
prehearing conference. | ||
(g-50) The parties shall disclose and provide to each other
| ||
any evidence which they intend to submit into the hearing | ||
record no later than
5 days before the hearing. Any party to a | ||
hearing has the right to prohibit
the introduction of any | ||
evidence at the hearing that has not been disclosed to
that | ||
party at least 5 days before the hearing. The party requesting | ||
a hearing shall not be permitted at the hearing to raise issues | ||
that were not raised in the party's initial or amended request, | ||
unless otherwise permitted in this Section.
| ||
(g-55) All reasonable efforts must be made by the parties | ||
to present their respective cases at the hearing within a | ||
cumulative period of 7 days. When scheduling hearing dates, the | ||
hearing officer shall schedule the final day of the hearing no | ||
more than 30 calendar days after the first day of the hearing | ||
unless good cause is shown. This subsection (g-55) shall not be |
applied in a manner that (i) denies any party to the hearing a | ||
fair and reasonable allocation of time and opportunity to | ||
present its case in its entirety or (ii) deprives any party to | ||
the hearing of the safeguards accorded under the federal | ||
Individuals with Disabilities Education Improvement Act of | ||
2004 (Public Law 108-446), regulations promulgated under the | ||
Individuals with Disabilities Education Improvement Act of | ||
2004, or any other applicable law. The school district shall | ||
present evidence that the special education needs
of the child | ||
have been appropriately identified and that the special | ||
education
program and related services proposed to meet the | ||
needs of the child are
adequate, appropriate, and available. | ||
Any party to the hearing shall have the
right to (1) be | ||
represented
by counsel and be accompanied and advised by | ||
individuals with special knowledge
or training with respect to | ||
the problems of children with disabilities, at the
party's own | ||
expense; (2) present evidence and confront and cross-examine
| ||
witnesses; (3) move for the exclusion of witnesses from the | ||
hearing until they
are called to testify, provided, however, | ||
that this provision may not be
invoked to exclude the | ||
individual designated by a party to assist that party or
its | ||
representative in the presentation of the case; (4) obtain a | ||
written or
electronic verbatim record of
the proceedings within | ||
30 days of receipt of a written request from the parents
by the | ||
school district; and (5) obtain a written decision, including | ||
findings
of fact and conclusions of law, within 10 days after |
the conclusion of the
hearing.
If at issue, the school district | ||
shall present evidence that it has
properly identified and | ||
evaluated the nature and
severity of the student's suspected or | ||
identified disability and that, if the
student has been or | ||
should have been determined eligible for special education
and | ||
related services, that it is providing or has offered a free | ||
appropriate
public education to the student in the least | ||
restrictive environment,
consistent with
procedural safeguards | ||
and in accordance with an individualized educational
program.
| ||
At any time prior to the conclusion of the hearing, the | ||
impartial due
process hearing officer shall have the authority | ||
to require additional
information and order independent | ||
evaluations for the
student at the expense of the school | ||
district. The State Board of Education
and the school district | ||
shall share equally the costs of providing a written or
| ||
electronic verbatim record of the proceedings. Any party may | ||
request that the
due process hearing officer issue a subpoena | ||
to compel the testimony of
witnesses or the production of | ||
documents relevant to the
resolution of the hearing. Whenever a | ||
person refuses to comply with any
subpoena issued under this | ||
Section, the circuit court of the county in which
that hearing | ||
is pending, on application of the impartial hearing officer or | ||
the
party requesting the issuance of the subpoena, may compel | ||
compliance through
the contempt powers of
the court in the same | ||
manner as if the requirements of a subpoena issued by the
court | ||
had been disobeyed.
|
(h) The impartial hearing officer shall issue a written | ||
decision, including
findings of fact and conclusions of law, | ||
within 10 days after the
conclusion of the hearing and send by | ||
certified mail a copy of the decision to the parents
or student | ||
(if the student requests the hearing), the school
district, the | ||
director of special education, legal representatives of the
| ||
parties, and the State Board of Education. Unless the hearing | ||
officer has
granted specific extensions of time at the request | ||
of a party, a final
decision, including the clarification of a | ||
decision requested under this
subsection, shall be reached and | ||
mailed to the parties named above not later
than 45 days after | ||
the initiation of the timeline for conducting the hearing, as | ||
described in subsection (g-35) of this Section. The
decision | ||
shall specify the educational and related services that shall | ||
be
provided to the student in accordance with the student's | ||
needs and the timeline for which the school district shall | ||
submit evidence to the State Board of Education to demonstrate | ||
compliance with the hearing officer's decision in the event | ||
that the decision orders the school district to undertake | ||
corrective action.
The hearing officer shall retain | ||
jurisdiction for the sole purpose of
considering a request for | ||
clarification of the final decision submitted in
writing by a | ||
party to the impartial hearing officer within 5 days after | ||
receipt
of the decision.
A copy of the request for | ||
clarification shall specify the portions of the
decision for | ||
which clarification is sought and shall be mailed to all |
parties
of record and to the State Board of Education. The | ||
request shall
operate to stay implementation of those portions | ||
of the decision for which
clarification is sought, pending | ||
action on the request by the hearing officer,
unless the | ||
parties otherwise agree. The hearing officer shall issue a
| ||
clarification of the specified portion of the decision or issue | ||
a partial or
full denial of the request in writing within 10 | ||
days of receipt of the request
and mail copies to all parties | ||
to whom the decision was mailed. This
subsection does not | ||
permit a party to request, or authorize a hearing officer
to | ||
entertain, reconsideration of the decision itself. The statute | ||
of
limitations for seeking review of the decision shall be | ||
tolled from the date
the request is submitted until the date | ||
the hearing officer acts upon the
request. The hearing | ||
officer's decision shall be binding upon the school district
| ||
and the parents unless a civil action is commenced.
| ||
(i) Any party to an impartial due process hearing aggrieved | ||
by the final
written decision of the impartial due process | ||
hearing officer shall have the
right to commence a civil action | ||
with respect to the issues presented in the
impartial due | ||
process hearing. That civil action shall be brought in any
| ||
court of competent jurisdiction within
120 days after a copy of | ||
the
decision of the impartial due process hearing officer is | ||
mailed to the party as
provided in
subsection (h). The civil | ||
action authorized by this subsection shall not be
exclusive of | ||
any rights or causes of action otherwise
available. The |
commencement of a civil action under this subsection shall
| ||
operate as a supersedeas. In any action brought under this | ||
subsection the
Court shall receive the records of the impartial | ||
due process hearing, shall
hear additional evidence at the | ||
request of a party, and, basing its decision on
the | ||
preponderance of the evidence, shall grant such relief as the | ||
court
determines is appropriate. In any instance where a school | ||
district willfully
disregards applicable regulations or | ||
statutes regarding a child covered by this
Article, and which | ||
disregard has been detrimental to the child, the school
| ||
district shall be liable for any reasonable attorney's fees | ||
incurred by the
parent in connection with proceedings under | ||
this Section.
| ||
(j) During the pendency of any administrative or judicial | ||
proceeding
conducted
pursuant to this Section, including | ||
mediation (if the school district or other public entity | ||
voluntarily agrees to participate in mediation), unless the | ||
school district and the
parents or student (if at least 18 | ||
years of age or emancipated) otherwise agree, the student shall | ||
remain in
his or her present educational placement and continue | ||
in his or her present
eligibility status and special education | ||
and related services, if any. If mediation fails to resolve the | ||
dispute between the parties, or if the parties do not agree to | ||
use mediation, the parent (or student if 18 years of age or | ||
older or emancipated) shall have 10 days after the mediation | ||
concludes, or after a party declines to use mediation, to file |
a request for a due process hearing in order to continue to | ||
invoke the "stay-put" provisions of this subsection (j). If | ||
applying for initial admission to the
school district, the | ||
student shall, with the consent of the parents (if the student | ||
is not at least 18 years of age or emancipated), be placed in | ||
the school district program until all such proceedings
have | ||
been completed. The costs for any special education and related | ||
services
or placement incurred following 60 school days after | ||
the initial request for
evaluation shall be borne by the school | ||
district if the services or placement
is in accordance with the | ||
final determination as to the special education and
related | ||
services or placement that must be provided to the child, | ||
provided that
during that 60-day 60 day period there have been | ||
no delays caused by the child's
parent. The requirements and | ||
procedures of this subsection (j) shall be included in the | ||
uniform notices developed by the State Superintendent under | ||
subsection (g) of Section 14-8.02 of this Code.
| ||
(k) Whenever the parents of a child of the type described | ||
in
Section 14-1.02 are not known or , are unavailable , or the | ||
child is a youth in care as defined in Section 4d of the | ||
Children and Family Services Act, a person shall be assigned to | ||
serve as surrogate parent for the child in
matters relating to | ||
the identification, evaluation, and educational placement
of | ||
the child and the provision of a free appropriate public | ||
education to the
child. Persons shall be assigned as surrogate | ||
parents by the State
Superintendent of Education. The State |
Board of Education shall promulgate
rules and regulations | ||
establishing qualifications of those persons and their
| ||
responsibilities and the procedures to be followed in making | ||
assignments of
persons as surrogate parents.
Surrogate parents | ||
shall not be employees of the school district, an agency
| ||
created by joint agreement under Section 10-22.31, an agency | ||
involved in the
education or care of the student, or the State | ||
Board of Education.
Services of any person assigned as | ||
surrogate parent shall terminate if the
parent
becomes | ||
available unless otherwise requested by the parents. The | ||
assignment of a person as surrogate parent at no time
| ||
supersedes, terminates, or suspends the parents' legal | ||
authority
relative to the child. Any person participating in | ||
good faith as surrogate
parent on behalf of the child before | ||
school officials or a hearing officer
shall have immunity from | ||
civil or criminal liability that otherwise might
result by | ||
reason of that participation, except in cases of willful and
| ||
wanton misconduct.
| ||
(l) At all stages of the hearing , the hearing officer shall | ||
require that
interpreters be made available by the school | ||
district for persons who are deaf
or for persons whose normally | ||
spoken language is other than English.
| ||
(m) If any provision of this Section or its application to | ||
any person or
circumstance is held invalid, the invalidity of | ||
that provision or application
does not affect other provisions | ||
or applications of the Section that can be
given effect without |
the invalid application or provision, and to this end the
| ||
provisions of this Section are severable, unless otherwise | ||
provided by this
Section.
| ||
(Source: P.A. 100-122, eff. 8-18-17; 100-159, eff. 8-18-17; | ||
revised 1-22-18.)
| ||
(105 ILCS 5/14-13.01) (from Ch. 122, par. 14-13.01)
| ||
Sec. 14-13.01. Reimbursement payable by State; amounts for | ||
personnel and transportation. | ||
(a) Through fiscal year 2017, for staff working on behalf | ||
of children who have not been identified as eligible for | ||
special
education and for eligible children with physical
| ||
disabilities, including all
eligible children whose placement | ||
has been determined under Section 14-8.02 in
hospital or home | ||
instruction, 1/2 of the teacher's salary but not more than
| ||
$1,000 annually per child or $9,000 per teacher, whichever is | ||
less. | ||
(a-5) A child qualifies for home or hospital instruction if | ||
it is anticipated that, due to a medical condition, the child | ||
will be unable to attend school, and instead must be instructed | ||
at home or in the hospital, for a period of 2 or more | ||
consecutive weeks or on an ongoing intermittent basis. For | ||
purposes of this Section, "ongoing intermittent basis" means | ||
that the child's medical condition is of such a nature or | ||
severity that it is anticipated that the child will be absent | ||
from school due to the medical condition for periods of at |
least 2 days at a time multiple times during the school year | ||
totaling at least 10 days or more of absences. There shall be | ||
no requirement that a child be absent from school a minimum | ||
number of days before the child qualifies for home or hospital | ||
instruction. In order to establish eligibility for home or | ||
hospital services, a student's parent or guardian must submit | ||
to the child's school district of residence a written statement | ||
from a physician licensed to practice medicine in all of its | ||
branches, a licensed physician assistant, or a licensed | ||
advanced practice registered nurse stating the existence of | ||
such medical condition, the impact on the child's ability to | ||
participate in education, and the anticipated duration or | ||
nature of the child's absence from school. Home or hospital | ||
instruction may commence upon receipt of a written physician's, | ||
physician assistant's, or advanced practice registered nurse's | ||
statement in accordance with this Section, but instruction | ||
shall commence not later than 5 school days after the school | ||
district receives the physician's, physician assistant's, or | ||
advanced practice registered nurse's statement. Special | ||
education and related services required by the child's IEP or | ||
services and accommodations required by the child's federal | ||
Section 504 plan must be implemented as part of the child's | ||
home or hospital instruction, unless the IEP team or federal | ||
Section 504 plan team determines that modifications are | ||
necessary during the home or hospital instruction due to the | ||
child's condition. |
(a-10) Through fiscal year 2017, eligible children
to be | ||
included in any reimbursement under this paragraph must | ||
regularly
receive a minimum of one hour of instruction each | ||
school day, or in lieu
thereof of a minimum of 5 hours of | ||
instruction in each school week in
order to qualify for full | ||
reimbursement under this Section. If the
attending physician, | ||
physician assistant, or advanced practice registered nurse for | ||
such a child has certified that the child should
not receive as | ||
many as 5 hours of instruction in a school week, however,
| ||
reimbursement under this paragraph on account of that child | ||
shall be
computed proportionate to the actual hours of | ||
instruction per week for
that child divided by 5. | ||
(a-15) The State Board of Education shall establish rules | ||
governing the required qualifications of staff providing home | ||
or hospital instruction.
| ||
(b) For children described in Section 14-1.02, 80% of the | ||
cost of
transportation approved as a related service in the | ||
Individualized Education Program for each student
in order to | ||
take advantage of special educational facilities.
| ||
Transportation costs shall be determined in the same fashion as | ||
provided
in Section 29-5 of this Code. For purposes of this | ||
subsection (b), the dates for
processing claims specified in | ||
Section 29-5 shall apply.
| ||
(c) Through fiscal year 2017, for each qualified worker, | ||
the annual sum of
$9,000.
| ||
(d) Through fiscal year 2017, for one full-time full time |
qualified director of the special education
program of each | ||
school district which maintains a fully approved program
of | ||
special education , the annual sum of $9,000. Districts | ||
participating in a joint agreement special
education program | ||
shall not receive such reimbursement if reimbursement is made
| ||
for a director of the joint agreement program.
| ||
(e) (Blank).
| ||
(f) (Blank).
| ||
(g) Through fiscal year 2017, for readers , working with | ||
blind or partially seeing children , 1/2
of their salary but not | ||
more than $400 annually per child. Readers may
be employed to | ||
assist such children and shall not be required to be
certified | ||
but prior to employment shall meet standards set up by the
| ||
State Board of Education.
| ||
(h) Through fiscal year 2017, for non-certified employees, | ||
as defined by rules promulgated by the State Board of | ||
Education, who deliver services to students with IEPs, 1/2 of | ||
the salary paid or
$3,500 per employee, whichever is less.
| ||
(i) The State Board of Education shall set standards and | ||
prescribe rules
for determining the allocation of | ||
reimbursement under this section on
less than a full time basis | ||
and for less than a school year.
| ||
When any school district eligible for reimbursement under | ||
this
Section operates a school or program approved by the State
| ||
Superintendent of Education for a number of days in excess of | ||
the
adopted school calendar but not to exceed 235 school days, |
such
reimbursement shall be increased by 1/180 of the amount or | ||
rate paid
hereunder for each day such school is operated in | ||
excess of 180 days per
calendar year.
| ||
Notwithstanding any other provision of law, any school | ||
district receiving
a payment under this Section or under | ||
Section 14-7.02, 14-7.02b, or
29-5 of this Code may classify | ||
all or a portion of the funds that it receives
in a particular | ||
fiscal year or from evidence-based funding pursuant to Section | ||
18-8.15
of this Code as
funds received in connection with any | ||
funding program for which it is
entitled to receive funds from | ||
the State in that fiscal year (including,
without limitation, | ||
any funding program referenced in this Section),
regardless of | ||
the source or timing of the receipt. The district may not
| ||
classify more funds as funds received in connection with the | ||
funding
program than the district is entitled to receive in | ||
that fiscal year for that
program. Any
classification by a | ||
district must be made by a resolution of its board of
| ||
education. The resolution must identify the amount of any | ||
payments or evidence-based funding
to be classified under this | ||
paragraph and must specify
the funding program to which the | ||
funds are to be treated as received in
connection therewith. | ||
This resolution is controlling as to the
classification of | ||
funds referenced therein. A certified copy of the
resolution | ||
must be sent to the State Superintendent of Education.
The | ||
resolution shall still take effect even though a copy of the | ||
resolution has
not been sent to the State
Superintendent of |
Education in a timely manner.
No
classification under this | ||
paragraph by a district shall affect the total amount
or timing | ||
of money the district is entitled to receive under this Code.
| ||
No classification under this paragraph by a district shall
in | ||
any way relieve the district from or affect any
requirements | ||
that otherwise would apply with respect to
that funding | ||
program, including any
accounting of funds by source, reporting | ||
expenditures by
original source and purpose,
reporting | ||
requirements,
or requirements of providing services.
| ||
No funding shall be provided to school districts under this | ||
Section after fiscal year 2017. In fiscal year 2018 and each | ||
fiscal year thereafter, all funding received by a school | ||
district from the State pursuant to Section 18-8.15 of this | ||
Code that is attributable to personnel reimbursements for | ||
special education pupils must be used for special education | ||
services authorized under this Code. | ||
(Source: P.A. 100-443, eff. 8-25-17; 100-465, eff. 8-31-17; | ||
revised 9-25-17.)
| ||
(105 ILCS 5/17-2A) (from Ch. 122, par. 17-2A)
| ||
Sec. 17-2A. Interfund transfers. | ||
(a) The school board of any district having a population of | ||
less than
500,000 inhabitants may, by proper resolution | ||
following a public hearing
set by the school board or the | ||
president of the school board
(that is preceded (i) by at least | ||
one published notice over the name of
the clerk
or secretary of |
the board, occurring at least 7 days and not more than 30
days
| ||
prior to the hearing, in a newspaper of general circulation | ||
within the
school
district and (ii) by posted notice over the | ||
name of the clerk or secretary of
the board, at least 48 hours | ||
before the hearing, at the principal office of the
school board | ||
or at the building where the hearing is to be held if a | ||
principal
office does not exist, with both notices setting | ||
forth the time, date, place,
and subject matter of the
| ||
hearing), transfer money from (1) the Educational Fund to the | ||
Operations
and
Maintenance Fund or the Transportation Fund, (2) | ||
the Operations and
Maintenance Fund to the Educational Fund or | ||
the Transportation Fund, (3) the
Transportation Fund to the | ||
Educational Fund or the Operations and Maintenance
Fund, or (4) | ||
the Tort Immunity Fund to the Operations and Maintenance Fund | ||
of said
district,
provided that, except during the period from | ||
July 1, 2003 through June 30, 2020, such transfer is made | ||
solely for the purpose of meeting one-time,
non-recurring | ||
expenses. Except during the period from July 1, 2003 through
| ||
June 30, 2020 and except as otherwise provided in subsection | ||
(b) of this Section, any other permanent interfund transfers | ||
authorized
by any provision or judicial interpretation of this | ||
Code for which the
transferee fund is not precisely and | ||
specifically set forth in the provision of
this Code | ||
authorizing such transfer shall be made to the fund of the | ||
school
district most in need of the funds being transferred, as | ||
determined by
resolution of the school board. |
(b) (Blank).
| ||
(c) Notwithstanding subsection (a) of this Section or any | ||
other provision of this Code to the contrary, the school board | ||
of any school district (i) that is subject to the Property Tax | ||
Extension Limitation Law, (ii) that is an elementary district | ||
servicing students in grades K through 8, (iii) whose territory | ||
is in one county, (iv) that is eligible for Section 7002 | ||
Federal Impact Aid, and (v) that has no more than $81,000 in | ||
funds remaining from refinancing bonds that were refinanced a | ||
minimum of 5 years prior to January 20, 2017 (the effective | ||
date of Public Act 99-926) may make a one-time transfer of the | ||
funds remaining from the refinancing bonds to the Operations | ||
and Maintenance Fund of the district by proper resolution | ||
following a public hearing set by the school board or the | ||
president of the school board, with notice as provided in | ||
subsection (a) of this Section, so long as the district meets | ||
the qualifications set forth in this subsection (c) on January | ||
20, 2017 (the effective date of Public Act 99-926). | ||
(d) Notwithstanding subsection (a) of this Section or any | ||
other provision of this Code to the contrary, the school board | ||
of any school district (i) that is subject to the Property Tax | ||
Extension Limitation Law, (ii) that is a community unit school | ||
district servicing students in grades K through 12, (iii) whose | ||
territory is in one county, (iv) that owns property designated | ||
by the United States as a Superfund site pursuant to the | ||
federal Comprehensive Environmental Response, Compensation and |
Liability Act of 1980 (42 U.S.C. 9601 et seq.), and (v) that | ||
has an excess accumulation of funds in its bond fund, including | ||
funds accumulated prior to July 1, 2000, may make a one-time | ||
transfer of those excess funds accumulated prior to July 1, | ||
2000 to the Operations and Maintenance Fund of the district by | ||
proper resolution following a public hearing set by the school | ||
board or the president of the school board, with notice as | ||
provided in subsection (a) of this Section, so long as the | ||
district meets the qualifications set forth in this subsection | ||
(d) on August 4, 2017 ( the effective date of Public Act 100-32) | ||
this amendatory Act of the 100th General Assembly . | ||
(Source: P.A. 99-713, eff. 8-5-16; 99-922, eff. 1-17-17; | ||
99-926, eff. 1-20-17; 100-32, eff. 8-4-17; 100-465, eff. | ||
8-31-17; revised 9-25-17.)
| ||
(105 ILCS 5/18-8.05)
| ||
Sec. 18-8.05. Basis for apportionment of general State | ||
financial aid and
supplemental general State aid to the common | ||
schools for the 1998-1999 through the 2016-2017 school years.
| ||
(A) General Provisions. | ||
(1) The provisions of this Section relating to the | ||
calculation and apportionment of general State financial aid | ||
and supplemental general State aid apply to the 1998-1999 | ||
through the 2016-2017
school years. The system of general State | ||
financial aid provided for in this
Section
is designed to |
assure that, through a combination of State financial aid and
| ||
required local resources, the financial support provided each | ||
pupil in Average
Daily Attendance equals or exceeds a
| ||
prescribed per pupil Foundation Level. This formula approach | ||
imputes a level
of per pupil Available Local Resources and | ||
provides for the basis to calculate
a per pupil level of | ||
general State financial aid that, when added to Available
Local | ||
Resources, equals or exceeds the Foundation Level. The
amount | ||
of per pupil general State financial aid for school districts, | ||
in
general, varies in inverse
relation to Available Local | ||
Resources. Per pupil amounts are based upon
each school | ||
district's Average Daily Attendance as that term is defined in | ||
this
Section. | ||
(2) In addition to general State financial aid, school | ||
districts with
specified levels or concentrations of pupils | ||
from low income households are
eligible to receive supplemental | ||
general State financial aid grants as provided
pursuant to | ||
subsection (H).
The supplemental State aid grants provided for | ||
school districts under
subsection (H) shall be appropriated for | ||
distribution to school districts as
part of the same line item | ||
in which the general State financial aid of school
districts is | ||
appropriated under this Section. | ||
(3) To receive financial assistance under this Section, | ||
school districts
are required to file claims with the State | ||
Board of Education, subject to the
following requirements: | ||
(a) Any school district which fails for any given |
school year to maintain
school as required by law, or to | ||
maintain a recognized school is not
eligible to file for | ||
such school year any claim upon the Common School
Fund. In | ||
case of nonrecognition of one or more attendance centers in | ||
a
school district otherwise operating recognized schools, | ||
the claim of the
district shall be reduced in the | ||
proportion which the Average Daily
Attendance in the | ||
attendance center or centers bear to the Average Daily
| ||
Attendance in the school district. A "recognized school" | ||
means any
public school which meets the standards as | ||
established for recognition
by the State Board of | ||
Education. A school district or attendance center
not | ||
having recognition status at the end of a school term is | ||
entitled to
receive State aid payments due upon a legal | ||
claim which was filed while
it was recognized. | ||
(b) School district claims filed under this Section are | ||
subject to
Sections 18-9 and 18-12, except as otherwise | ||
provided in this
Section. | ||
(c) If a school district operates a full year school | ||
under Section
10-19.1, the general State aid to the school | ||
district shall be determined
by the State Board of | ||
Education in accordance with this Section as near as
may be | ||
applicable. | ||
(d) (Blank). | ||
(4) Except as provided in subsections (H) and (L), the | ||
board of any district
receiving any of the grants provided for |
in this Section may apply those funds
to any fund so received | ||
for which that board is authorized to make expenditures
by law. | ||
School districts are not required to exert a minimum | ||
Operating Tax Rate in
order to qualify for assistance under | ||
this Section. | ||
(5) As used in this Section the following terms, when | ||
capitalized, shall
have the meaning ascribed herein: | ||
(a) "Average Daily Attendance": A count of pupil | ||
attendance in school,
averaged as provided for in | ||
subsection (C) and utilized in deriving per pupil
financial | ||
support levels. | ||
(b) "Available Local Resources": A computation of | ||
local financial
support, calculated on the basis of Average | ||
Daily Attendance and derived as
provided pursuant to | ||
subsection (D). | ||
(c) "Corporate Personal Property Replacement Taxes": | ||
Funds paid to local
school districts pursuant to "An Act in | ||
relation to the abolition of ad valorem
personal property | ||
tax and the replacement of revenues lost thereby, and
| ||
amending and repealing certain Acts and parts of Acts in | ||
connection therewith",
certified August 14, 1979, as | ||
amended (Public Act 81-1st S.S.-1). | ||
(d) "Foundation Level": A prescribed level of per pupil | ||
financial support
as provided for in subsection (B). | ||
(e) "Operating Tax Rate": All school district property | ||
taxes extended for
all purposes, except Bond and
Interest, |
Summer School, Rent, Capital Improvement, and Vocational | ||
Education
Building purposes.
| ||
(B) Foundation Level. | ||
(1) The Foundation Level is a figure established by the | ||
State representing
the minimum level of per pupil financial | ||
support that should be available to
provide for the basic | ||
education of each pupil in
Average Daily Attendance. As set | ||
forth in this Section, each school district
is assumed to exert
| ||
a sufficient local taxing effort such that, in combination with | ||
the aggregate
of general State
financial aid provided the | ||
district, an aggregate of State and local resources
are | ||
available to meet
the basic education needs of pupils in the | ||
district. | ||
(2) For the 1998-1999 school year, the Foundation Level of | ||
support is
$4,225. For the 1999-2000 school year, the | ||
Foundation Level of support is
$4,325. For the 2000-2001 school | ||
year, the Foundation Level of support is
$4,425. For the | ||
2001-2002 school year and 2002-2003 school year, the
Foundation | ||
Level of support is $4,560. For the 2003-2004 school year, the | ||
Foundation Level of support is $4,810. For the 2004-2005 school | ||
year, the Foundation Level of support is $4,964.
For the | ||
2005-2006 school year,
the Foundation Level of support is | ||
$5,164. For the 2006-2007 school year, the Foundation Level of | ||
support is $5,334. For the 2007-2008 school year, the | ||
Foundation Level of support is $5,734. For the 2008-2009 school |
year, the Foundation Level of support is $5,959. | ||
(3) For the 2009-2010 school year and each school year | ||
thereafter,
the Foundation Level of support is $6,119 or such | ||
greater amount as
may be established by law by the General | ||
Assembly.
| ||
(C) Average Daily Attendance. | ||
(1) For purposes of calculating general State aid pursuant | ||
to subsection
(E), an Average Daily Attendance figure shall be | ||
utilized. The Average Daily
Attendance figure for formula
| ||
calculation purposes shall be the monthly average of the actual | ||
number of
pupils in attendance of
each school district, as | ||
further averaged for the best 3 months of pupil
attendance for | ||
each
school district. In compiling the figures for the number | ||
of pupils in
attendance, school districts
and the State Board | ||
of Education shall, for purposes of general State aid
funding, | ||
conform
attendance figures to the requirements of subsection | ||
(F). | ||
(2) The Average Daily Attendance figures utilized in | ||
subsection (E) shall be
the requisite attendance data for the | ||
school year immediately preceding
the
school year for which | ||
general State aid is being calculated
or the average of the | ||
attendance data for the 3 preceding school
years, whichever is | ||
greater. The Average Daily Attendance figures
utilized in | ||
subsection (H) shall be the requisite attendance data for the
| ||
school year immediately preceding the school year for which |
general
State aid is being calculated.
| ||
(D) Available Local Resources. | ||
(1) For purposes of calculating general State aid pursuant | ||
to subsection
(E), a representation of Available Local | ||
Resources per pupil, as that term is
defined and determined in | ||
this subsection, shall be utilized. Available Local
Resources | ||
per pupil shall include a calculated
dollar amount representing | ||
local school district revenues from local property
taxes and | ||
from
Corporate Personal Property Replacement Taxes, expressed | ||
on the basis of pupils
in Average
Daily Attendance. Calculation | ||
of Available Local Resources shall exclude any tax amnesty | ||
funds received as a result of Public Act 93-26. | ||
(2) In determining a school district's revenue from local | ||
property taxes,
the State Board of Education shall utilize the | ||
equalized assessed valuation of
all taxable property of each | ||
school
district as of September 30 of the previous year. The | ||
equalized assessed
valuation utilized shall
be obtained and | ||
determined as provided in subsection (G). | ||
(3) For school districts maintaining grades kindergarten | ||
through 12, local
property tax
revenues per pupil shall be | ||
calculated as the product of the applicable
equalized assessed
| ||
valuation for the district multiplied by 3.00%, and divided by | ||
the district's
Average Daily
Attendance figure. For school | ||
districts maintaining grades kindergarten
through 8, local
| ||
property tax revenues per pupil shall be calculated as the |
product of the
applicable equalized
assessed valuation for the | ||
district multiplied by 2.30%, and divided by the
district's | ||
Average
Daily Attendance figure. For school districts | ||
maintaining grades 9 through 12,
local property
tax revenues | ||
per pupil shall be the applicable equalized assessed valuation | ||
of
the district
multiplied by 1.05%, and divided by the | ||
district's Average Daily
Attendance
figure. | ||
For partial elementary unit districts created pursuant to | ||
Article 11E of this Code, local property tax revenues per pupil | ||
shall be calculated as the product of the equalized assessed | ||
valuation for property within the partial elementary unit | ||
district for elementary purposes, as defined in Article 11E of | ||
this Code, multiplied by 2.06% and divided by the district's | ||
Average Daily Attendance figure, plus the product of the | ||
equalized assessed valuation for property within the partial | ||
elementary unit district for high school purposes, as defined | ||
in Article 11E of this Code, multiplied by 0.94% and divided by | ||
the district's Average Daily Attendance figure.
| ||
(4) The Corporate Personal Property Replacement Taxes paid | ||
to each school
district during the calendar year one year | ||
before the calendar year in which a
school year begins, divided | ||
by the Average Daily Attendance figure for that
district, shall | ||
be added to the local property tax revenues per pupil as
| ||
derived by the application of the immediately preceding | ||
paragraph (3). The sum
of these per pupil figures for each | ||
school district shall constitute Available
Local Resources as |
that term is utilized in subsection (E) in the calculation
of | ||
general State aid.
| ||
(E) Computation of General State Aid. | ||
(1) For each school year, the amount of general State aid | ||
allotted to a
school district shall be computed by the State | ||
Board of Education as provided
in this subsection. | ||
(2) For any school district for which Available Local | ||
Resources per pupil
is less than the product of 0.93 times the | ||
Foundation Level, general State aid
for that district shall be | ||
calculated as an amount equal to the Foundation
Level minus | ||
Available Local Resources, multiplied by the Average Daily
| ||
Attendance of the school district. | ||
(3) For any school district for which Available Local | ||
Resources per pupil
is equal to or greater than the product of | ||
0.93 times the Foundation Level and
less than the product of | ||
1.75 times the Foundation Level, the general State aid
per | ||
pupil shall be a decimal proportion of the Foundation Level | ||
derived using a
linear algorithm. Under this linear algorithm, | ||
the calculated general State
aid per pupil shall decline in | ||
direct linear fashion from 0.07 times the
Foundation Level for | ||
a school district with Available Local Resources equal to
the | ||
product of 0.93 times the Foundation Level, to 0.05 times the | ||
Foundation
Level for a school district with Available Local | ||
Resources equal to the product
of 1.75 times the Foundation | ||
Level. The allocation of general
State aid for school districts |
subject to this paragraph 3 shall be the
calculated general | ||
State aid
per pupil figure multiplied by the Average Daily | ||
Attendance of the school
district. | ||
(4) For any school district for which Available Local | ||
Resources per pupil
equals or exceeds the product of 1.75 times | ||
the Foundation Level, the general
State aid for the school | ||
district shall be calculated as the product of $218
multiplied | ||
by the Average Daily Attendance of the school
district. | ||
(5) The amount of general State aid allocated to a school | ||
district for
the 1999-2000 school year meeting the requirements | ||
set forth in paragraph (4)
of subsection
(G) shall be increased | ||
by an amount equal to the general State aid that
would have | ||
been received by the district for the 1998-1999 school year by
| ||
utilizing the Extension Limitation Equalized Assessed | ||
Valuation as calculated
in paragraph (4) of subsection (G) less | ||
the general State aid allotted for the
1998-1999
school year. | ||
This amount shall be deemed a one time increase, and shall not
| ||
affect any future general State aid allocations.
| ||
(F) Compilation of Average Daily Attendance. | ||
(1) Each school district shall, by July 1 of each year, | ||
submit to the State
Board of Education, on forms prescribed by | ||
the State Board of Education,
attendance figures for the school | ||
year that began in the preceding calendar
year. The attendance | ||
information so transmitted shall identify the average
daily | ||
attendance figures for each month of the school year for each |
grade level served. Beginning with
the general State aid claim | ||
form for the 2002-2003 school
year, districts shall calculate | ||
Average Daily Attendance as provided in
subdivisions (a), (b), | ||
and (c) of this paragraph (1). | ||
(a) In districts that do not hold year-round classes,
| ||
days of attendance in August shall be added to the month of | ||
September and any
days of attendance in June shall be added | ||
to the month of May. | ||
(b) In districts in which all buildings hold year-round | ||
classes,
days of attendance in July and August shall be | ||
added to the month
of September and any days of attendance | ||
in June shall be added to
the month of May. | ||
(c) In districts in which some buildings, but not all, | ||
hold
year-round classes, for the non-year-round buildings, | ||
days of
attendance in August shall be added to the month of | ||
September
and any days of attendance in June shall be added | ||
to the month of
May. The average daily attendance for the | ||
year-round buildings
shall be computed as provided in | ||
subdivision (b) of this paragraph
(1). To calculate the | ||
Average Daily Attendance for the district, the
average | ||
daily attendance for the year-round buildings shall be
| ||
multiplied by the days in session for the non-year-round | ||
buildings
for each month and added to the monthly | ||
attendance of the
non-year-round buildings. | ||
Except as otherwise provided in this Section, days of
| ||
attendance by pupils shall be counted only for sessions of not |
less than
5 clock hours of school work per day under direct | ||
supervision of: (i)
teachers, or (ii) non-teaching personnel or | ||
volunteer personnel when engaging
in non-teaching duties and | ||
supervising in those instances specified in
subsection (a) of | ||
Section 10-22.34 and paragraph 10 of Section 34-18, with
pupils | ||
of legal school age and in kindergarten and grades 1 through | ||
12. Days of attendance by pupils through verified participation | ||
in an e-learning program approved by the State Board of | ||
Education under Section 10-20.56 of the Code shall be | ||
considered as full days of attendance for purposes of this | ||
Section. | ||
Days of attendance by tuition pupils shall be accredited | ||
only to the
districts that pay the tuition to a recognized | ||
school. | ||
(2) Days of attendance by pupils of less than 5 clock hours | ||
of school
shall be subject to the following provisions in the | ||
compilation of Average
Daily Attendance. | ||
(a) Pupils regularly enrolled in a public school for | ||
only a part of
the school day may be counted on the basis | ||
of 1/6 day for every class hour
of instruction of 40 | ||
minutes or more attended pursuant to such enrollment,
| ||
unless a pupil is
enrolled in a block-schedule format of 80 | ||
minutes or more of instruction,
in which case the pupil may | ||
be counted on the basis of the proportion of
minutes of | ||
school work completed each day to the minimum number of
| ||
minutes that school work is required to be held that day. |
(b) (Blank). | ||
(c) A session of 4 or more clock hours may be counted | ||
as a day of
attendance upon certification by the regional | ||
superintendent, and
approved by the State Superintendent | ||
of Education to the extent that the
district has been | ||
forced to use daily multiple sessions. | ||
(d) A session of 3 or more clock hours may be counted | ||
as a day of
attendance (1) when the remainder of the school | ||
day or at least
2 hours in the evening of that day is | ||
utilized for an
in-service training program for teachers, | ||
up to a maximum of 5 days per
school year, provided a | ||
district conducts an in-service
training program for | ||
teachers in accordance with Section 10-22.39 of this Code; | ||
or, in lieu of 4 such days, 2 full days may
be used, in | ||
which event each such day
may be counted as a day required | ||
for a legal school calendar pursuant to Section 10-19 of | ||
this Code; (1.5) when, of the 5 days allowed under item | ||
(1), a maximum of 4 days are used for parent-teacher | ||
conferences, or, in lieu of 4 such days, 2 full days are | ||
used, in which case each such day may be counted as a | ||
calendar day required under Section 10-19 of this Code, | ||
provided that the full-day, parent-teacher conference | ||
consists of (i) a minimum of 5 clock hours of | ||
parent-teacher conferences, (ii) both a minimum of 2 clock | ||
hours of parent-teacher conferences held in the evening | ||
following a full day of student attendance, as specified in |
subsection (F)(1)(c), and a minimum of 3 clock hours of | ||
parent-teacher conferences held on the day immediately | ||
following evening parent-teacher conferences, or (iii) | ||
multiple parent-teacher conferences held in the evenings | ||
following full days of student attendance, as specified in | ||
subsection (F)(1)(c), in which the time used for the | ||
parent-teacher conferences is equivalent to a minimum of 5 | ||
clock hours; and (2) when days in
addition to
those | ||
provided in items (1) and (1.5) are scheduled by a school | ||
pursuant to its school
improvement plan adopted under | ||
Article 34 or its revised or amended school
improvement | ||
plan adopted under Article 2, provided that (i) such | ||
sessions of
3 or more clock hours are scheduled to occur at | ||
regular intervals, (ii) the
remainder of the school days in | ||
which such sessions occur are utilized
for in-service | ||
training programs or other staff development activities | ||
for
teachers, and (iii) a sufficient number of minutes of | ||
school work under the
direct supervision of teachers are | ||
added to the school days between such
regularly scheduled | ||
sessions to accumulate not less than the number of minutes
| ||
by which such sessions of 3 or more clock hours fall short | ||
of 5 clock hours.
Any full days used for the purposes of | ||
this paragraph shall not be considered
for
computing | ||
average daily attendance. Days scheduled for in-service | ||
training
programs, staff development activities, or | ||
parent-teacher conferences may be
scheduled separately for |
different
grade levels and different attendance centers of | ||
the district. | ||
(e) A session of not less than one clock hour of | ||
teaching
hospitalized or homebound pupils on-site or by | ||
telephone to the classroom may
be counted as 1/2 day of | ||
attendance, however these pupils must receive 4 or
more | ||
clock hours of instruction to be counted for a full day of | ||
attendance. | ||
(f) A session of at least 4 clock hours may be counted | ||
as a day of
attendance for first grade pupils, and pupils | ||
in full day kindergartens,
and a session of 2 or more hours | ||
may be counted as 1/2 day of attendance by
pupils in | ||
kindergartens which provide only 1/2 day of attendance. | ||
(g) For children with disabilities who are below the | ||
age of 6 years and
who
cannot attend 2 or more clock hours | ||
because of their disability or
immaturity, a session of not | ||
less than one clock hour may be counted as 1/2 day
of | ||
attendance; however for such children whose educational | ||
needs so require
a session of 4 or more clock hours may be | ||
counted as a full day of attendance. | ||
(h) A recognized kindergarten which provides for only | ||
1/2 day of
attendance by each pupil shall not have more | ||
than 1/2 day of attendance
counted in any one day. However, | ||
kindergartens may count 2 1/2 days
of
attendance in any 5 | ||
consecutive school days. When a pupil attends such a
| ||
kindergarten for 2 half days on any one school day, the |
pupil shall have
the following day as a day absent from | ||
school, unless the school district
obtains permission in | ||
writing from the State Superintendent of Education.
| ||
Attendance at kindergartens which provide for a full day of | ||
attendance by
each pupil shall be counted the same as | ||
attendance by first grade pupils.
Only the first year of | ||
attendance in one kindergarten shall be counted,
except in | ||
case of children who entered the kindergarten in their | ||
fifth year
whose educational development requires a second | ||
year of kindergarten as
determined under the rules and | ||
regulations of the State Board of Education. | ||
(i) On the days when the assessment that includes a | ||
college and career ready determination is
administered | ||
under subsection (c) of Section 2-3.64a-5 of this Code, the | ||
day
of attendance for a pupil whose school
day must be | ||
shortened to accommodate required testing procedures may
| ||
be less than 5 clock hours and shall be counted towards the | ||
176 days of actual pupil attendance required under Section | ||
10-19 of this Code, provided that a sufficient number of | ||
minutes
of school work in excess of 5 clock hours are first | ||
completed on other school
days to compensate for the loss | ||
of school work on the examination days. | ||
(j) Pupils enrolled in a remote educational program | ||
established under Section 10-29 of this Code may be counted | ||
on the basis of one-fifth day of attendance for every clock | ||
hour of instruction attended in the remote educational |
program, provided that, in any month, the school district | ||
may not claim for a student enrolled in a remote | ||
educational program more days of attendance than the | ||
maximum number of days of attendance the district can claim | ||
(i) for students enrolled in a building holding year-round | ||
classes if the student is classified as participating in | ||
the remote educational program on a year-round schedule or | ||
(ii) for students enrolled in a building not holding | ||
year-round classes if the student is not classified as | ||
participating in the remote educational program on a | ||
year-round schedule.
| ||
(G) Equalized Assessed Valuation Data. | ||
(1) For purposes of the calculation of Available Local | ||
Resources required
pursuant to subsection (D), the
State Board | ||
of Education shall secure from the Department of
Revenue the | ||
value as equalized or assessed by the Department of Revenue of
| ||
all taxable property of every school district, together with | ||
(i) the applicable
tax rate used in extending taxes for the | ||
funds of the district as of
September 30 of the previous year
| ||
and (ii) the limiting rate for all school
districts subject to | ||
property tax extension limitations as imposed under the
| ||
Property Tax Extension Limitation Law.
| ||
The Department of Revenue shall add to the equalized | ||
assessed value of all
taxable
property of each school district | ||
situated entirely or partially within a county
that is or was |
subject to the
provisions of Section 15-176 or 15-177 of the | ||
Property Tax Code (a)
an amount equal to the total amount by | ||
which the
homestead exemption allowed under Section 15-176 or | ||
15-177 of the Property Tax Code for
real
property situated in | ||
that school district exceeds the total amount that would
have | ||
been
allowed in that school district if the maximum reduction | ||
under Section 15-176
was
(i) $4,500 in Cook County or $3,500 in | ||
all other counties in tax year 2003 or (ii) $5,000 in all | ||
counties in tax year 2004 and thereafter and (b) an amount | ||
equal to the aggregate amount for the taxable year of all | ||
additional exemptions under Section 15-175 of the Property Tax | ||
Code for owners with a household income of $30,000 or less. The | ||
county clerk of any county that is or was subject to the | ||
provisions of Section 15-176 or 15-177 of the Property Tax Code | ||
shall
annually calculate and certify to the Department of | ||
Revenue for each school
district all
homestead exemption | ||
amounts under Section 15-176 or 15-177 of the Property Tax Code | ||
and all amounts of additional exemptions under Section 15-175 | ||
of the Property Tax Code for owners with a household income of | ||
$30,000 or less. It is the intent of this paragraph that if the | ||
general homestead exemption for a parcel of property is | ||
determined under Section 15-176 or 15-177 of the Property Tax | ||
Code rather than Section 15-175, then the calculation of | ||
Available Local Resources shall not be affected by the | ||
difference, if any, between the amount of the general homestead | ||
exemption allowed for that parcel of property under Section |
15-176 or 15-177 of the Property Tax Code and the amount that | ||
would have been allowed had the general homestead exemption for | ||
that parcel of property been determined under Section 15-175 of | ||
the Property Tax Code. It is further the intent of this | ||
paragraph that if additional exemptions are allowed under | ||
Section 15-175 of the Property Tax Code for owners with a | ||
household income of less than $30,000, then the calculation of | ||
Available Local Resources shall not be affected by the | ||
difference, if any, because of those additional exemptions. | ||
This equalized assessed valuation, as adjusted further by | ||
the requirements of
this subsection, shall be utilized in the | ||
calculation of Available Local
Resources. | ||
(2) The equalized assessed valuation in paragraph (1) shall | ||
be adjusted, as
applicable, in the following manner: | ||
(a) For the purposes of calculating State aid under | ||
this Section,
with respect to any part of a school district | ||
within a redevelopment
project area in respect to which a | ||
municipality has adopted tax
increment allocation | ||
financing pursuant to the Tax Increment Allocation
| ||
Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11 | ||
of the Illinois
Municipal Code or the Industrial Jobs | ||
Recovery Law, Sections 11-74.6-1 through
11-74.6-50 of the | ||
Illinois Municipal Code, no part of the current equalized
| ||
assessed valuation of real property located in any such | ||
project area which is
attributable to an increase above the | ||
total initial equalized assessed
valuation of such |
property shall be used as part of the equalized assessed
| ||
valuation of the district, until such time as all
| ||
redevelopment project costs have been paid, as provided in | ||
Section 11-74.4-8
of the Tax Increment Allocation | ||
Redevelopment Act or in Section 11-74.6-35 of
the | ||
Industrial Jobs Recovery Law. For the purpose of
the | ||
equalized assessed valuation of the
district, the total | ||
initial equalized assessed valuation or the current
| ||
equalized assessed valuation, whichever is lower, shall be | ||
used until
such time as all redevelopment project costs | ||
have been paid. | ||
(b) The real property equalized assessed valuation for | ||
a school district
shall be adjusted by subtracting from the | ||
real property
value as equalized or assessed by the | ||
Department of Revenue for the
district an amount computed | ||
by dividing the amount of any abatement of
taxes under | ||
Section 18-170 of the Property Tax Code by 3.00% for a | ||
district
maintaining grades kindergarten through 12, by | ||
2.30% for a district
maintaining grades kindergarten | ||
through 8, or by 1.05% for a
district
maintaining grades 9 | ||
through 12 and adjusted by an amount computed by dividing
| ||
the amount of any abatement of taxes under subsection (a) | ||
of Section 18-165 of
the Property Tax Code by the same | ||
percentage rates for district type as
specified in this | ||
subparagraph (b). | ||
(3) For the 1999-2000 school year and each school year |
thereafter, if a
school district meets all of the criteria of | ||
this subsection (G)(3), the school
district's Available Local | ||
Resources shall be calculated under subsection (D)
using the | ||
district's Extension Limitation Equalized Assessed Valuation | ||
as
calculated under this
subsection (G)(3). | ||
For purposes of this subsection (G)(3) the following terms | ||
shall have
the following meanings: | ||
"Budget Year": The school year for which general State | ||
aid is calculated
and
awarded under subsection (E). | ||
"Base Tax Year": The property tax levy year used to | ||
calculate the Budget
Year
allocation of general State aid. | ||
"Preceding Tax Year": The property tax levy year | ||
immediately preceding the
Base Tax Year. | ||
"Base Tax Year's Tax Extension": The product of the | ||
equalized assessed
valuation utilized by the County Clerk | ||
in the Base Tax Year multiplied by the
limiting rate as | ||
calculated by the County Clerk and defined in the Property | ||
Tax
Extension Limitation Law. | ||
"Preceding Tax Year's Tax Extension": The product of | ||
the equalized assessed
valuation utilized by the County | ||
Clerk in the Preceding Tax Year multiplied by
the Operating | ||
Tax Rate as defined in subsection (A). | ||
"Extension Limitation Ratio": A numerical ratio, | ||
certified by the
County Clerk, in which the numerator is | ||
the Base Tax Year's Tax
Extension and the denominator is | ||
the Preceding Tax Year's Tax Extension. |
"Operating Tax Rate": The operating tax rate as defined | ||
in subsection (A). | ||
If a school district is subject to property tax extension | ||
limitations as
imposed under
the Property Tax Extension | ||
Limitation Law, the State Board of Education shall
calculate | ||
the Extension
Limitation
Equalized Assessed Valuation of that | ||
district. For the 1999-2000 school
year, the
Extension | ||
Limitation Equalized Assessed Valuation of a school district as
| ||
calculated by the State Board of Education shall be equal to | ||
the product of the
district's 1996 Equalized Assessed Valuation | ||
and the district's Extension
Limitation Ratio. Except as | ||
otherwise provided in this paragraph for a school district that | ||
has approved or does approve an increase in its limiting rate, | ||
for the 2000-2001 school year and each school year
thereafter,
| ||
the Extension Limitation Equalized Assessed Valuation of a | ||
school district as
calculated by the State Board of Education | ||
shall be equal to the product of
the Equalized Assessed | ||
Valuation last used in the calculation of general State
aid and | ||
the
district's Extension Limitation Ratio. If the Extension | ||
Limitation
Equalized
Assessed Valuation of a school district as | ||
calculated under
this subsection (G)(3) is less than the | ||
district's equalized assessed valuation
as calculated pursuant | ||
to subsections (G)(1) and (G)(2), then for purposes of
| ||
calculating the district's general State aid for the Budget | ||
Year pursuant to
subsection (E), that Extension
Limitation | ||
Equalized Assessed Valuation shall be utilized to calculate the
|
district's Available Local Resources
under subsection (D). For | ||
the 2009-2010 school year and each school year thereafter, if a | ||
school district has approved or does approve an increase in its | ||
limiting rate, pursuant to Section 18-190 of the Property Tax | ||
Code, affecting the Base Tax Year, the Extension Limitation | ||
Equalized Assessed Valuation of the school district, as | ||
calculated by the State Board of Education, shall be equal to | ||
the product of the Equalized Assessed Valuation last used in | ||
the calculation of general State aid times an amount equal to | ||
one plus the percentage increase, if any, in the Consumer Price | ||
Index for all Urban Consumers for all items published by the | ||
United States Department of Labor for the 12-month calendar | ||
year preceding the Base Tax Year, plus the Equalized Assessed | ||
Valuation of new property, annexed property, and recovered tax | ||
increment value and minus the Equalized Assessed Valuation of | ||
disconnected property. New property and recovered tax | ||
increment value shall have the meanings set forth in the | ||
Property Tax Extension Limitation Law. | ||
Partial elementary unit districts created in accordance | ||
with Article 11E of this Code shall not be eligible for the | ||
adjustment in this subsection (G)(3) until the fifth year | ||
following the effective date of the reorganization.
| ||
(3.5) For the 2010-2011 school year and each school year | ||
thereafter, if a school district's boundaries span multiple | ||
counties, then the Department of Revenue shall send to the | ||
State Board of Education, for the purpose of calculating |
general State aid, the limiting rate and individual rates by | ||
purpose for the county that contains the majority of the school | ||
district's Equalized Assessed Valuation. | ||
(4) For the purposes of calculating general State aid for | ||
the 1999-2000
school year only, if a school district | ||
experienced a triennial reassessment on
the equalized assessed | ||
valuation used in calculating its general State
financial aid | ||
apportionment for the 1998-1999 school year, the State Board of
| ||
Education shall calculate the Extension Limitation Equalized | ||
Assessed Valuation
that would have been used to calculate the | ||
district's 1998-1999 general State
aid. This amount shall equal | ||
the product of the equalized assessed valuation
used to
| ||
calculate general State aid for the 1997-1998 school year and | ||
the district's
Extension Limitation Ratio. If the Extension | ||
Limitation Equalized Assessed
Valuation of the school district | ||
as calculated under this paragraph (4) is
less than the | ||
district's equalized assessed valuation utilized in | ||
calculating
the
district's 1998-1999 general State aid | ||
allocation, then for purposes of
calculating the district's | ||
general State aid pursuant to paragraph (5) of
subsection (E),
| ||
that Extension Limitation Equalized Assessed Valuation shall | ||
be utilized to
calculate the district's Available Local | ||
Resources. | ||
(5) For school districts having a majority of their | ||
equalized assessed
valuation in any county except Cook, DuPage, | ||
Kane, Lake, McHenry, or Will, if
the amount of general State |
aid allocated to the school district for the
1999-2000 school | ||
year under the provisions of subsection (E), (H), and (J) of
| ||
this Section is less than the amount of general State aid | ||
allocated to the
district for the 1998-1999 school year under | ||
these subsections, then the
general
State aid of the district | ||
for the 1999-2000 school year only shall be increased
by the | ||
difference between these amounts. The total payments made under | ||
this
paragraph (5) shall not exceed $14,000,000. Claims shall | ||
be prorated if they
exceed $14,000,000.
| ||
(H) Supplemental General State Aid. | ||
(1) In addition to the general State aid a school district | ||
is allotted
pursuant to subsection (E), qualifying school | ||
districts shall receive a grant,
paid in conjunction with a | ||
district's payments of general State aid, for
supplemental | ||
general State aid based upon the concentration level of | ||
children
from low-income households within the school | ||
district.
Supplemental State aid grants provided for school | ||
districts under this
subsection shall be appropriated for | ||
distribution to school districts as part
of the same line item | ||
in which the general State financial aid of school
districts is | ||
appropriated under this Section.
| ||
(1.5) This paragraph (1.5) applies only to those school | ||
years
preceding the 2003-2004 school year.
For purposes of this
| ||
subsection (H), the term "Low-Income Concentration Level" | ||
shall be the
low-income
eligible pupil count from the most |
recently available federal census divided by
the Average Daily | ||
Attendance of the school district.
If, however, (i) the | ||
percentage decrease from the 2 most recent federal
censuses
in | ||
the low-income eligible pupil count of a high school district | ||
with fewer
than 400 students exceeds by 75% or more the | ||
percentage change in the total
low-income eligible pupil count | ||
of contiguous elementary school districts,
whose boundaries | ||
are coterminous with the high school district,
or (ii) a high | ||
school district within 2 counties and serving 5 elementary
| ||
school
districts, whose boundaries are coterminous with the | ||
high school
district, has a percentage decrease from the 2 most | ||
recent federal
censuses in the low-income eligible pupil count | ||
and there is a percentage
increase in the total low-income | ||
eligible pupil count of a majority of the
elementary school | ||
districts in excess of 50% from the 2 most recent
federal | ||
censuses, then
the
high school district's low-income eligible | ||
pupil count from the earlier federal
census
shall be the number | ||
used as the low-income eligible pupil count for the high
school | ||
district, for purposes of this subsection (H).
The changes made | ||
to this paragraph (1) by Public Act 92-28 shall apply to
| ||
supplemental general State aid
grants for school years | ||
preceding the 2003-2004 school year that are paid
in fiscal | ||
year 1999 or thereafter
and to
any State aid payments made in | ||
fiscal year 1994 through fiscal year
1998 pursuant to | ||
subsection 1(n) of Section 18-8 of this Code (which was
| ||
repealed on July 1, 1998), and any high school district that is |
affected by
Public Act 92-28 is
entitled to a
recomputation of | ||
its supplemental general State aid grant or State aid
paid in | ||
any of those fiscal years. This recomputation shall not be
| ||
affected by any other funding. | ||
(1.10) This paragraph (1.10) applies to the 2003-2004 | ||
school year
and each school year thereafter through the | ||
2016-2017 school year. For purposes of this subsection (H), the
| ||
term "Low-Income Concentration Level" shall, for each fiscal | ||
year, be the
low-income eligible
pupil count
as of July 1 of | ||
the immediately preceding fiscal year
(as determined by the | ||
Department of Human Services based
on the number of pupils
who | ||
are eligible for at least one of the following
low income | ||
programs: Medicaid, the Children's Health Insurance Program, | ||
TANF, or Food Stamps,
excluding pupils who are eligible for | ||
services provided by the Department
of Children and Family | ||
Services,
averaged over
the 2 immediately preceding fiscal | ||
years for fiscal year 2004 and over the 3
immediately preceding | ||
fiscal years for each fiscal year thereafter)
divided by the | ||
Average Daily Attendance of the school district. | ||
(2) Supplemental general State aid pursuant to this | ||
subsection (H) shall
be
provided as follows for the 1998-1999, | ||
1999-2000, and 2000-2001 school years
only: | ||
(a) For any school district with a Low Income | ||
Concentration Level of at
least 20% and less than 35%, the | ||
grant for any school year
shall be $800
multiplied by the | ||
low income eligible pupil count. |
(b) For any school district with a Low Income | ||
Concentration Level of at
least 35% and less than 50%, the | ||
grant for the 1998-1999 school year shall be
$1,100 | ||
multiplied by the low income eligible pupil count. | ||
(c) For any school district with a Low Income | ||
Concentration Level of at
least 50% and less than 60%, the | ||
grant for the 1998-99 school year shall be
$1,500 | ||
multiplied by the low income eligible pupil count. | ||
(d) For any school district with a Low Income | ||
Concentration Level of 60%
or more, the grant for the | ||
1998-99 school year shall be $1,900 multiplied by
the low | ||
income eligible pupil count. | ||
(e) For the 1999-2000 school year, the per pupil amount | ||
specified in
subparagraphs (b), (c), and (d) immediately | ||
above shall be increased to $1,243,
$1,600, and $2,000, | ||
respectively. | ||
(f) For the 2000-2001 school year, the per pupil | ||
amounts specified in
subparagraphs (b), (c), and (d) | ||
immediately above shall be
$1,273, $1,640, and $2,050, | ||
respectively. | ||
(2.5) Supplemental general State aid pursuant to this | ||
subsection (H)
shall be provided as follows for the 2002-2003 | ||
school year: | ||
(a) For any school district with a Low Income | ||
Concentration Level of less
than 10%, the grant for each | ||
school year shall be $355 multiplied by the low
income |
eligible pupil count. | ||
(b) For any school district with a Low Income | ||
Concentration
Level of at least 10% and less than 20%, the | ||
grant for each school year shall
be $675
multiplied by the | ||
low income eligible pupil
count. | ||
(c) For any school district with a Low Income | ||
Concentration
Level of at least 20% and less than 35%, the | ||
grant for each school year shall
be $1,330
multiplied by | ||
the low income eligible pupil
count. | ||
(d) For any school district with a Low Income | ||
Concentration
Level of at least 35% and less than 50%, the | ||
grant for each school year shall
be $1,362
multiplied by | ||
the low income eligible pupil
count. | ||
(e) For any school district with a Low Income | ||
Concentration
Level of at least 50% and less than 60%, the | ||
grant for each school year shall
be $1,680
multiplied by | ||
the low income eligible pupil
count. | ||
(f) For any school district with a Low Income | ||
Concentration
Level of 60% or more, the grant for each | ||
school year shall be $2,080
multiplied by the low income | ||
eligible pupil count. | ||
(2.10) Except as otherwise provided, supplemental general | ||
State aid
pursuant to this subsection
(H) shall be provided as | ||
follows for the 2003-2004 school year and each
school year | ||
thereafter: | ||
(a) For any school district with a Low Income |
Concentration
Level of 15% or less, the grant for each | ||
school year
shall be $355 multiplied by the low income | ||
eligible pupil count. | ||
(b) For any school district with a Low Income | ||
Concentration
Level greater than 15%, the grant for each | ||
school year shall be
$294.25 added to the product of $2,700 | ||
and the square of the Low
Income Concentration Level, all | ||
multiplied by the low income
eligible pupil count. | ||
For the 2003-2004 school year and each school year | ||
thereafter through the 2008-2009 school year only, the grant | ||
shall be no less than the
grant
for
the 2002-2003 school year. | ||
For the 2009-2010 school year only, the grant shall
be no
less | ||
than the grant for the 2002-2003 school year multiplied by | ||
0.66. For the 2010-2011
school year only, the grant shall be no | ||
less than the grant for the 2002-2003
school year
multiplied by | ||
0.33. Notwithstanding the provisions of this paragraph to the | ||
contrary, if for any school year supplemental general State aid | ||
grants are prorated as provided in paragraph (1) of this | ||
subsection (H), then the grants under this paragraph shall be | ||
prorated.
| ||
For the 2003-2004 school year only, the grant shall be no | ||
greater
than the grant received during the 2002-2003 school | ||
year added to the
product of 0.25 multiplied by the difference | ||
between the grant amount
calculated under subsection (a) or (b) | ||
of this paragraph (2.10), whichever
is applicable, and the | ||
grant received during the 2002-2003 school year.
For the |
2004-2005 school year only, the grant shall be no greater than
| ||
the grant received during the 2002-2003 school year added to | ||
the
product of 0.50 multiplied by the difference between the | ||
grant amount
calculated under subsection (a) or (b) of this | ||
paragraph (2.10), whichever
is applicable, and the grant | ||
received during the 2002-2003 school year.
For the 2005-2006 | ||
school year only, the grant shall be no greater than
the grant | ||
received during the 2002-2003 school year added to the
product | ||
of 0.75 multiplied by the difference between the grant amount
| ||
calculated under subsection (a) or (b) of this paragraph | ||
(2.10), whichever
is applicable, and the grant received during | ||
the 2002-2003
school year. | ||
(3) School districts with an Average Daily Attendance of | ||
more than 1,000
and less than 50,000 that qualify for | ||
supplemental general State aid pursuant
to this subsection | ||
shall submit a plan to the State Board of Education prior to
| ||
October 30 of each year for the use of the funds resulting from | ||
this grant of
supplemental general State aid for the | ||
improvement of
instruction in which priority is given to | ||
meeting the education needs of
disadvantaged children. Such | ||
plan shall be submitted in accordance with
rules and | ||
regulations promulgated by the State Board of Education. | ||
(4) School districts with an Average Daily Attendance of | ||
50,000 or more
that qualify for supplemental general State aid | ||
pursuant to this subsection
shall be required to distribute | ||
from funds available pursuant to this Section,
no less than |
$261,000,000 in accordance with the following requirements: | ||
(a) The required amounts shall be distributed to the | ||
attendance centers
within the district in proportion to the | ||
number of pupils enrolled at each
attendance center who are | ||
eligible to receive free or reduced-price lunches or
| ||
breakfasts under the federal Child Nutrition Act of 1966 | ||
and under the National
School Lunch Act during the | ||
immediately preceding school year. | ||
(b) The distribution of these portions of supplemental | ||
and general State
aid among attendance centers according to | ||
these requirements shall not be
compensated for or | ||
contravened by adjustments of the total of other funds
| ||
appropriated to any attendance centers, and the Board of | ||
Education shall
utilize funding from one or several sources | ||
in order to fully implement this
provision annually prior | ||
to the opening of school. | ||
(c) Each attendance center shall be provided by the
| ||
school district a distribution of noncategorical funds and | ||
other
categorical funds to which an attendance center is | ||
entitled under law in
order that the general State aid and | ||
supplemental general State aid provided
by application of | ||
this subsection supplements rather than supplants the
| ||
noncategorical funds and other categorical funds provided | ||
by the school
district to the attendance centers. | ||
(d) Any funds made available under this subsection that | ||
by reason of the
provisions of this subsection are not
|
required to be allocated and provided to attendance centers | ||
may be used and
appropriated by the board of the district | ||
for any lawful school purpose. | ||
(e) Funds received by an attendance center
pursuant to | ||
this
subsection shall be used
by the attendance center at | ||
the discretion
of the principal and local school council | ||
for programs to improve educational
opportunities at | ||
qualifying schools through the following programs and
| ||
services: early childhood education, reduced class size or | ||
improved adult to
student classroom ratio, enrichment | ||
programs, remedial assistance, attendance
improvement, and | ||
other educationally beneficial expenditures which
| ||
supplement
the regular and basic programs as determined by | ||
the State Board of Education.
Funds provided shall not be | ||
expended for any political or lobbying purposes
as defined | ||
by board rule. | ||
(f) Each district subject to the provisions of this | ||
subdivision (H)(4)
shall submit an
acceptable plan to meet | ||
the educational needs of disadvantaged children, in
| ||
compliance with the requirements of this paragraph, to the | ||
State Board of
Education prior to July 15 of each year. | ||
This plan shall be consistent with the
decisions of local | ||
school councils concerning the school expenditure plans
| ||
developed in accordance with part 4 of Section 34-2.3. The | ||
State Board shall
approve or reject the plan within 60 days | ||
after its submission. If the plan is
rejected, the district |
shall give written notice of intent to modify the plan
| ||
within 15 days of the notification of rejection and then | ||
submit a modified plan
within 30 days after the date of the | ||
written notice of intent to modify.
Districts may amend | ||
approved plans pursuant to rules promulgated by the State
| ||
Board of Education. | ||
Upon notification by the State Board of Education that | ||
the district has
not submitted a plan prior to July 15 or a | ||
modified plan within the time
period specified herein, the
| ||
State aid funds affected by that plan or modified plan | ||
shall be withheld by the
State Board of Education until a | ||
plan or modified plan is submitted. | ||
If the district fails to distribute State aid to | ||
attendance centers in
accordance with an approved plan, the | ||
plan for the following year shall
allocate funds, in | ||
addition to the funds otherwise required by this
| ||
subsection, to those attendance centers which were | ||
underfunded during the
previous year in amounts equal to | ||
such underfunding. | ||
For purposes of determining compliance with this | ||
subsection in relation
to the requirements of attendance | ||
center funding, each district subject to the
provisions of | ||
this
subsection shall submit as a separate document by | ||
December 1 of each year a
report of expenditure data for | ||
the prior year in addition to any
modification of its | ||
current plan. If it is determined that there has been
a |
failure to comply with the expenditure provisions of this | ||
subsection
regarding contravention or supplanting, the | ||
State Superintendent of
Education shall, within 60 days of | ||
receipt of the report, notify the
district and any affected | ||
local school council. The district shall within
45 days of | ||
receipt of that notification inform the State | ||
Superintendent of
Education of the remedial or corrective | ||
action to be taken, whether by
amendment of the current | ||
plan, if feasible, or by adjustment in the plan
for the | ||
following year. Failure to provide the expenditure report | ||
or the
notification of remedial or corrective action in a | ||
timely manner shall
result in a withholding of the affected | ||
funds. | ||
The State Board of Education shall promulgate rules and | ||
regulations
to implement the provisions of this | ||
subsection. No funds shall be released
under this | ||
subdivision (H)(4) to any district that has not submitted a | ||
plan
that has been approved by the State Board of | ||
Education.
| ||
(I) (Blank).
| ||
(J) (Blank).
| ||
(K) Grants to Laboratory and Alternative Schools. | ||
In calculating the amount to be paid to the governing board |
of a public
university that operates a laboratory school under | ||
this Section or to any
alternative school that is operated by a | ||
regional superintendent of schools,
the State
Board of | ||
Education shall require by rule such reporting requirements as | ||
it
deems necessary. | ||
As used in this Section, "laboratory school" means a public | ||
school which is
created and operated by a public university and | ||
approved by the State Board of
Education. The governing board | ||
of a public university which receives funds
from the State | ||
Board under this subsection (K) or subsection (g) of Section | ||
18-8.15 of this Code may not increase the number of
students | ||
enrolled in its laboratory
school from a single district, if | ||
that district is already sending 50 or more
students, except | ||
under a mutual agreement between the school board of a
| ||
student's district of residence and the university which | ||
operates the
laboratory school. A laboratory school may not | ||
have more than 1,000 students,
excluding students with | ||
disabilities in a special education program. | ||
As used in this Section, "alternative school" means a | ||
public school which is
created and operated by a Regional | ||
Superintendent of Schools and approved by
the State Board of | ||
Education. Such alternative schools may offer courses of
| ||
instruction for which credit is given in regular school | ||
programs, courses to
prepare students for the high school | ||
equivalency testing program or vocational
and occupational | ||
training. A regional superintendent of schools may contract
|
with a school district or a public community college district | ||
to operate an
alternative school. An alternative school serving | ||
more than one educational
service region may be established by | ||
the regional superintendents of schools
of the affected | ||
educational service regions. An alternative school
serving | ||
more than one educational service region may be operated under | ||
such
terms as the regional superintendents of schools of those | ||
educational service
regions may agree. | ||
Each laboratory and alternative school shall file, on forms | ||
provided by the
State Superintendent of Education, an annual | ||
State aid claim which states the
Average Daily Attendance of | ||
the school's students by month. The best 3 months'
Average | ||
Daily Attendance shall be computed for each school.
The general | ||
State aid entitlement shall be computed by multiplying the
| ||
applicable Average Daily Attendance by the Foundation Level as | ||
determined under
this Section.
| ||
(L) Payments, Additional Grants in Aid and Other Requirements. | ||
(1) For a school district operating under the financial | ||
supervision
of an Authority created under Article 34A, the | ||
general State aid otherwise
payable to that district under this | ||
Section, but not the supplemental general
State aid, shall be | ||
reduced by an amount equal to the budget for
the operations of | ||
the Authority as certified by the Authority to the State
Board | ||
of Education, and an amount equal to such reduction shall be | ||
paid
to the Authority created for such district for its |
operating expenses in
the manner provided in Section 18-11. The | ||
remainder
of general State school aid for any such district | ||
shall be paid in accordance
with Article 34A when that Article | ||
provides for a disposition other than that
provided by this | ||
Article. | ||
(2) (Blank). | ||
(3) Summer school. Summer school payments shall be made as | ||
provided in
Section 18-4.3.
| ||
(M) (Blank).
| ||
(N) (Blank).
| ||
(O) References. | ||
(1) References in other laws to the various subdivisions of
| ||
Section 18-8 as that Section existed before its repeal and | ||
replacement by this
Section 18-8.05 shall be deemed to refer to | ||
the corresponding provisions of
this Section 18-8.05, to the | ||
extent that those references remain applicable. | ||
(2) References in other laws to State Chapter 1 funds shall | ||
be deemed to
refer to the supplemental general State aid | ||
provided under subsection (H) of
this Section. | ||
(P) Public Act 93-838 and Public Act 93-808 make inconsistent | ||
changes to this Section. Under Section 6 of the Statute on | ||
Statutes there is an irreconcilable conflict between Public Act |
93-808 and Public Act 93-838. Public Act 93-838, being the last | ||
acted upon, is controlling. The text of Public Act 93-838 is | ||
the law regardless of the text of Public Act 93-808. | ||
(Q) State Fiscal Year 2015 Payments. | ||
For payments made for State fiscal year 2015, the State | ||
Board of Education shall, for each school district, calculate | ||
that district's pro-rata share of a minimum sum of $13,600,000 | ||
or additional amounts as needed from the total net General | ||
State Aid funding as calculated under this Section that shall | ||
be deemed attributable to the provision of special educational | ||
facilities and services, as defined in Section 14-1.08 of this | ||
Code, in a manner that ensures compliance with maintenance of | ||
State financial support requirements under the federal | ||
Individuals with Disabilities Education Act. Each school | ||
district must use such funds only for the provision of special | ||
educational facilities and services, as defined in Section | ||
14-1.08 of this Code, and must comply with any expenditure | ||
verification procedures adopted by the State Board of | ||
Education. | ||
(R) State Fiscal Year 2016 Payments. | ||
For payments made for State fiscal year 2016, the State | ||
Board of Education shall, for each school district, calculate | ||
that district's pro rata share of a minimum sum of $1 or | ||
additional amounts as needed from the total net General State |
Aid funding as calculated under this Section that shall be | ||
deemed attributable to the provision of special educational | ||
facilities and services, as defined in Section 14-1.08 of this | ||
Code, in a manner that ensures compliance with maintenance of | ||
State financial support requirements under the federal | ||
Individuals with Disabilities Education Act. Each school | ||
district must use such funds only for the provision of special | ||
educational facilities and services, as defined in Section | ||
14-1.08 of this Code, and must comply with any expenditure | ||
verification procedures adopted by the State Board of | ||
Education. | ||
(S) State Fiscal Year 2017 Payments. | ||
For payments made for State fiscal year 2017, the State | ||
Board of Education shall, for each school district, calculate | ||
that district's pro rata share of a minimum sum of $1 or | ||
additional amounts as needed from the total net General State | ||
Aid funding as calculated under this Section that shall be | ||
deemed attributable to the provision of special educational | ||
facilities and services, as defined in Section 14-1.08 of this | ||
Code, in a manner that ensures compliance with maintenance of | ||
State financial support requirements under the federal | ||
Individuals with Disabilities Education Act. Each school | ||
district must use such funds only for the provision of special | ||
educational facilities and services, as defined in Section | ||
14-1.08 of this Code, and must comply with any expenditure |
verification procedures adopted by the State Board of | ||
Education. | ||
(T) State Fiscal Year 2018 Payments. | ||
For payments made for State fiscal year 2018, the State | ||
Board of Education shall, for each school district, calculate | ||
that district's pro rata share of a minimum sum of $1 or | ||
additional amounts as needed from the total net evidence-based | ||
funding as calculated under Section 18-8.15 of this Code that | ||
shall be deemed attributable to the provision of special | ||
educational facilities and services, as defined in Section | ||
14-1.08 of this Code, in a manner that ensures compliance with | ||
maintenance of State financial support requirements under the | ||
federal Individuals with Disabilities Education Act. Each | ||
school district must use such funds only for the provision of | ||
special educational facilities and services, as defined in | ||
Section 14-1.08 of this Code, and must comply with any | ||
expenditure verification procedures adopted by the State Board | ||
of Education. | ||
(Source: P.A. 99-2, eff. 3-26-15; 99-194, eff. 7-30-15; 99-523, | ||
eff. 6-30-16; 100-23, eff. 7-6-17; 100-147, eff. 1-1-18; | ||
100-465, eff. 8-31-17; revised 9-25-17.)
| ||
(105 ILCS 5/18-12) (from Ch. 122, par. 18-12)
| ||
Sec. 18-12. Dates for filing State aid claims. The school | ||
board of
each school district, a regional office of education, |
a laboratory school, or a State-authorized charter school shall | ||
require teachers, principals, or
superintendents to furnish | ||
from records kept by them such data as it
needs in preparing | ||
and certifying to the State Superintendent of Education
its | ||
report of claims provided in Section
18-8.05 or 18-8.15 of this | ||
Code. The claim
shall be based on the latest available | ||
equalized assessed valuation and tax
rates, as provided in | ||
Section 18-8.05 or 18-8.15, shall use the average
daily
| ||
attendance as determined by the method outlined in Section | ||
18-8.05 or 18-8.15,
and shall be
certified and filed with the | ||
State Superintendent of Education by June 21
for districts and | ||
State-authorized charter schools with an
official
school | ||
calendar end date before June 15 or within 2 weeks following | ||
the
official school calendar end date for districts, regional | ||
offices of education, laboratory schools, or State-authorized | ||
charter schools with a school year end date
of June 15 or | ||
later.
Failure to
so file by these deadlines constitutes a | ||
forfeiture of the right
to
receive payment by
the State until | ||
such claim is filed. The
State Superintendent of Education | ||
shall voucher
for payment those claims to the State Comptroller | ||
as provided in Section 18-11.
| ||
Except as otherwise provided in this Section, if any school | ||
district
fails to provide the minimum school term specified
in | ||
Section 10-19, the State aid claim for that year shall be | ||
reduced by the
State Superintendent of Education in an amount | ||
equivalent to 1/176 or .56818% for
each day less than the |
number of days required by this Code.
| ||
If
the State Superintendent of Education determines that | ||
the failure
to
provide the minimum school term was occasioned | ||
by an act or acts of God, or
was occasioned by conditions | ||
beyond the control of the school district
which posed a | ||
hazardous threat to the health and safety of pupils, the
State | ||
aid claim need not be reduced.
| ||
If a school district is precluded from providing the | ||
minimum hours of instruction required for a full day of | ||
attendance due to (A) an adverse weather condition, (B) a | ||
condition beyond the control of the school district that poses | ||
a hazardous threat to the health and safety of students, or (C) | ||
beginning with the 2016-2017 school year, the utilization of | ||
the school district's facilities for not more than 2 school | ||
days per school year by local or county authorities for the | ||
purpose of holding a memorial or funeral services in | ||
remembrance of a community member, then the partial day of | ||
attendance may be counted if (i) the school district has | ||
provided at least one hour of instruction prior to the closure | ||
of the school district, (ii) a school building has provided at | ||
least one hour of instruction prior to the closure of the | ||
school building, or (iii) the normal start time of the school | ||
district is delayed. | ||
If, prior to providing any instruction, a school district | ||
must close one or more but not all school buildings after | ||
consultation with a local emergency response agency or due to a |
condition beyond the control of the school district, then the | ||
school district may claim attendance for up to 2 school days | ||
based on the average attendance of the 3 school days | ||
immediately preceding the closure of the affected school | ||
building or, if approved by the State Board of Education, | ||
utilize the provisions of an e-learning program for the | ||
affected school building as prescribed in Section 10-20.56 of | ||
this Code. The partial or no day of attendance described in | ||
this Section and the reasons therefore shall be certified | ||
within a month of the closing or delayed start by the school | ||
district superintendent to the regional superintendent of | ||
schools for forwarding to the State Superintendent of Education | ||
for approval.
| ||
Other than the utilization of any e-learning days as | ||
prescribed in Section 10-20.56 of this Code, no exception to | ||
the requirement of providing a minimum school term may
be | ||
approved by the State Superintendent of Education pursuant to | ||
this Section
unless a school district has first used all | ||
emergency days provided for
in its regular calendar.
| ||
If the State Superintendent of Education declares that an | ||
energy
shortage exists during any part of the school year for | ||
the State or a
designated portion of the State, a district may | ||
operate the school
attendance centers within the district 4 | ||
days of the week during the
time of the shortage by extending | ||
each existing school day by one clock
hour of school work, and | ||
the State aid claim shall not be reduced, nor
shall the |
employees of that district suffer any reduction in salary or
| ||
benefits as a result thereof. A district may operate all | ||
attendance
centers on this revised schedule, or may apply the | ||
schedule to selected
attendance centers, taking into | ||
consideration such factors as pupil
transportation schedules | ||
and patterns and sources of energy for
individual attendance | ||
centers.
| ||
Electronically submitted State aid claims shall be | ||
submitted by
duly authorized district individuals over a secure | ||
network
that is password protected. The electronic submission | ||
of a State aid
claim must be accompanied with an affirmation | ||
that all of the provisions
of Section Sections 18-8.05 or | ||
18-8.15 and Sections , 10-22.5 , and 24-4 of this Code are
met in | ||
all respects.
| ||
(Source: P.A. 99-194, eff. 7-30-15; 99-657, eff. 7-28-16; | ||
100-28, eff. 8-4-17; 100-465, eff. 8-31-17; revised 9-25-17.)
| ||
(105 ILCS 5/19-1)
| ||
(Text of Section before amendment by P.A. 100-503 ) | ||
Sec. 19-1. Debt limitations of school districts.
| ||
(a) School districts shall not be subject to the provisions | ||
limiting their
indebtedness prescribed in the Local Government | ||
Debt Limitation Act.
| ||
No school districts maintaining grades K through 8 or 9 | ||
through 12
shall become indebted in any manner or for any | ||
purpose to an amount,
including existing indebtedness, in the |
aggregate exceeding 6.9% on the
value of the taxable property | ||
therein to be ascertained by the last assessment
for State and | ||
county taxes or, until January 1, 1983, if greater, the sum | ||
that
is produced by multiplying the school district's 1978 | ||
equalized assessed
valuation by the debt limitation percentage | ||
in effect on January 1, 1979,
previous to the incurring of such | ||
indebtedness.
| ||
No school districts maintaining grades K through 12 shall | ||
become
indebted in any manner or for any purpose to an amount, | ||
including
existing indebtedness, in the aggregate exceeding | ||
13.8% on the value of
the taxable property therein to be | ||
ascertained by the last assessment
for State and county taxes | ||
or, until January 1, 1983, if greater, the sum that
is produced | ||
by multiplying the school district's 1978 equalized assessed
| ||
valuation by the debt limitation percentage in effect on | ||
January 1, 1979,
previous to the incurring of such | ||
indebtedness.
| ||
No partial elementary unit district, as defined in Article | ||
11E of this Code, shall become indebted in any manner or for | ||
any purpose in an amount, including existing indebtedness, in | ||
the aggregate exceeding 6.9% of the value of the taxable | ||
property of the entire district, to be ascertained by the last | ||
assessment for State and county taxes, plus an amount, | ||
including existing indebtedness, in the aggregate exceeding | ||
6.9% of the value of the taxable property of that portion of | ||
the district included in the elementary and high school |
classification, to be ascertained by the last assessment for | ||
State and county taxes. Moreover, no partial elementary unit | ||
district, as defined in Article 11E of this Code, shall become | ||
indebted on account of bonds issued by the district for high | ||
school purposes in the aggregate exceeding 6.9% of the value of | ||
the taxable property of the entire district, to be ascertained | ||
by the last assessment for State and county taxes, nor shall | ||
the district become indebted on account of bonds issued by the | ||
district for elementary purposes in the aggregate exceeding | ||
6.9% of the value of the taxable property for that portion of | ||
the district included in the elementary and high school | ||
classification, to be ascertained by the last assessment for | ||
State and county taxes.
| ||
Notwithstanding the provisions of any other law to the | ||
contrary, in any
case in which the voters of a school district | ||
have approved a proposition
for the issuance of bonds of such | ||
school district at an election held prior
to January 1, 1979, | ||
and all of the bonds approved at such election have
not been | ||
issued, the debt limitation applicable to such school district
| ||
during the calendar year 1979 shall be computed by multiplying | ||
the value
of taxable property therein, including personal | ||
property, as ascertained
by the last assessment for State and | ||
county taxes, previous to the incurring
of such indebtedness, | ||
by the percentage limitation applicable to such school
district | ||
under the provisions of this subsection (a).
| ||
(b) Notwithstanding the debt limitation prescribed in |
subsection (a)
of this Section, additional indebtedness may be | ||
incurred in an amount
not to exceed the estimated cost of | ||
acquiring or improving school sites
or constructing and | ||
equipping additional building facilities under the
following | ||
conditions:
| ||
(1) Whenever the enrollment of students for the next | ||
school year is
estimated by the board of education to | ||
increase over the actual present
enrollment by not less | ||
than 35% or by not less than 200 students or the
actual | ||
present enrollment of students has increased over the | ||
previous
school year by not less than 35% or by not less | ||
than 200 students and
the board of education determines | ||
that additional school sites or
building facilities are | ||
required as a result of such increase in
enrollment; and
| ||
(2) When the Regional Superintendent of Schools having | ||
jurisdiction
over the school district and the State | ||
Superintendent of Education
concur in such enrollment | ||
projection or increase and approve the need
for such | ||
additional school sites or building facilities and the
| ||
estimated cost thereof; and
| ||
(3) When the voters in the school district approve a | ||
proposition for
the issuance of bonds for the purpose of | ||
acquiring or improving such
needed school sites or | ||
constructing and equipping such needed additional
building | ||
facilities at an election called and held for that purpose.
| ||
Notice of such an election shall state that the amount of |
indebtedness
proposed to be incurred would exceed the debt | ||
limitation otherwise
applicable to the school district. | ||
The ballot for such proposition
shall state what percentage | ||
of the equalized assessed valuation will be
outstanding in | ||
bonds if the proposed issuance of bonds is approved by
the | ||
voters; or
| ||
(4) Notwithstanding the provisions of paragraphs (1) | ||
through (3) of
this subsection (b), if the school board | ||
determines that additional
facilities are needed to | ||
provide a quality educational program and not
less than 2/3 | ||
of those voting in an election called by the school board
| ||
on the question approve the issuance of bonds for the | ||
construction of
such facilities, the school district may | ||
issue bonds for this
purpose; or
| ||
(5) Notwithstanding the provisions of paragraphs (1) | ||
through (3) of this
subsection (b), if (i) the school | ||
district has previously availed itself of the
provisions of | ||
paragraph (4) of this subsection (b) to enable it to issue | ||
bonds,
(ii) the voters of the school district have not | ||
defeated a proposition for the
issuance of bonds since the | ||
referendum described in paragraph (4) of this
subsection | ||
(b) was held, (iii) the school board determines that | ||
additional
facilities are needed to provide a quality | ||
educational program, and (iv) a
majority of those voting in | ||
an election called by the school board on the
question | ||
approve the issuance of bonds for the construction of such |
facilities,
the school district may issue bonds for this | ||
purpose.
| ||
In no event shall the indebtedness incurred pursuant to | ||
this
subsection (b) and the existing indebtedness of the school | ||
district
exceed 15% of the value of the taxable property | ||
therein to be
ascertained by the last assessment for State and | ||
county taxes, previous
to the incurring of such indebtedness | ||
or, until January 1, 1983, if greater,
the sum that is produced | ||
by multiplying the school district's 1978 equalized
assessed | ||
valuation by the debt limitation percentage in effect on | ||
January 1,
1979.
| ||
The indebtedness provided for by this subsection (b) shall | ||
be in
addition to and in excess of any other debt limitation.
| ||
(c) Notwithstanding the debt limitation prescribed in | ||
subsection (a)
of this Section, in any case in which a public | ||
question for the issuance
of bonds of a proposed school | ||
district maintaining grades kindergarten
through 12 received | ||
at least 60% of the valid ballots cast on the question at
an | ||
election held on or prior to November 8, 1994, and in which the | ||
bonds
approved at such election have not been issued, the | ||
school district pursuant to
the requirements of Section 11A-10 | ||
(now repealed) may issue the total amount of bonds approved
at | ||
such election for the purpose stated in the question.
| ||
(d) Notwithstanding the debt limitation prescribed in | ||
subsection (a)
of this Section, a school district that meets | ||
all the criteria set forth in
paragraphs (1) and (2) of this |
subsection (d) may incur an additional
indebtedness in an | ||
amount not to exceed $4,500,000, even though the amount of
the | ||
additional indebtedness authorized by this subsection (d), | ||
when incurred
and added to the aggregate amount of indebtedness | ||
of the district existing
immediately prior to the district | ||
incurring the additional indebtedness
authorized by this | ||
subsection (d), causes the aggregate indebtedness of the
| ||
district to exceed the debt limitation otherwise applicable to | ||
that district
under subsection (a):
| ||
(1) The additional indebtedness authorized by this | ||
subsection (d) is
incurred by the school district through | ||
the issuance of bonds under and in
accordance with Section | ||
17-2.11a for the purpose of replacing a school
building | ||
which, because of mine subsidence damage, has been closed | ||
as provided
in paragraph (2) of this subsection (d) or | ||
through the issuance of bonds under
and in accordance with | ||
Section 19-3 for the purpose of increasing the size of,
or | ||
providing for additional functions in, such replacement | ||
school buildings, or
both such purposes.
| ||
(2) The bonds issued by the school district as provided | ||
in paragraph (1)
above are issued for the purposes of | ||
construction by the school district of
a new school | ||
building pursuant to Section 17-2.11, to replace an | ||
existing
school building that, because of mine subsidence | ||
damage, is closed as of the
end of the 1992-93 school year | ||
pursuant to action of the regional
superintendent of |
schools of the educational service region in which the
| ||
district is located under Section 3-14.22 or are issued for | ||
the purpose of
increasing the size of, or providing for | ||
additional functions in, the new
school building being | ||
constructed to replace a school building closed as the
| ||
result of mine subsidence damage, or both such purposes.
| ||
(e) (Blank).
| ||
(f) Notwithstanding the provisions of subsection (a) of | ||
this Section or of
any other law, bonds in not to exceed the | ||
aggregate amount of $5,500,000 and
issued by a school district | ||
meeting the following criteria shall not be
considered | ||
indebtedness for purposes of any statutory limitation and may | ||
be
issued in an amount or amounts, including existing | ||
indebtedness, in excess of
any heretofore or hereafter imposed | ||
statutory limitation as to indebtedness:
| ||
(1) At the time of the sale of such bonds, the board of | ||
education of the
district shall have determined by | ||
resolution that the enrollment of students in
the district | ||
is projected to increase by not less than 7% during each of | ||
the
next succeeding 2 school years.
| ||
(2) The board of education shall also determine by | ||
resolution that the
improvements to be financed with the | ||
proceeds of the bonds are needed because
of the projected | ||
enrollment increases.
| ||
(3) The board of education shall also determine by | ||
resolution that the
projected increases in enrollment are |
the result of improvements made or
expected to be made to | ||
passenger rail facilities located in the school
district.
| ||
Notwithstanding the provisions of subsection (a) of this | ||
Section or of any other law, a school district that has availed | ||
itself of the provisions of this subsection (f) prior to July | ||
22, 2004 (the effective date of Public Act 93-799) may also | ||
issue bonds approved by referendum up to an amount, including | ||
existing indebtedness, not exceeding 25% of the equalized | ||
assessed value of the taxable property in the district if all | ||
of the conditions set forth in items (1), (2), and (3) of this | ||
subsection (f) are met.
| ||
(g) Notwithstanding the provisions of subsection (a) of | ||
this Section or any
other law, bonds in not to exceed an | ||
aggregate amount of 25% of the equalized
assessed value of the | ||
taxable property of a school district and issued by a
school | ||
district meeting the criteria in paragraphs (i) through (iv) of | ||
this
subsection shall not be considered indebtedness for | ||
purposes of any statutory
limitation and may be issued pursuant | ||
to resolution of the school board in an
amount or amounts, | ||
including existing indebtedness, in
excess of any statutory | ||
limitation of indebtedness heretofore or hereafter
imposed:
| ||
(i) The bonds are issued for the purpose of | ||
constructing a new high school
building to replace two | ||
adjacent existing buildings which together house a
single | ||
high school, each of which is more than 65 years old, and | ||
which together
are located on more than 10 acres and less |
than 11 acres of property.
| ||
(ii) At the time the resolution authorizing the | ||
issuance of the bonds is
adopted, the cost of constructing | ||
a new school building to replace the existing
school | ||
building is less than 60% of the cost of repairing the | ||
existing school
building.
| ||
(iii) The sale of the bonds occurs before July 1, 1997.
| ||
(iv) The school district issuing the bonds is a unit | ||
school district
located in a county of less than 70,000 and | ||
more than 50,000 inhabitants,
which has an average daily | ||
attendance of less than 1,500 and an equalized
assessed | ||
valuation of less than $29,000,000.
| ||
(h) Notwithstanding any other provisions of this Section or | ||
the
provisions of any other law, until January 1, 1998, a | ||
community unit school
district maintaining grades K through 12 | ||
may issue bonds up to an amount,
including existing | ||
indebtedness, not exceeding 27.6% of the equalized assessed
| ||
value of the taxable property in the district, if all of the | ||
following
conditions are met:
| ||
(i) The school district has an equalized assessed | ||
valuation for calendar
year 1995 of less than $24,000,000;
| ||
(ii) The bonds are issued for the capital improvement, | ||
renovation,
rehabilitation, or replacement of existing | ||
school buildings of the district,
all of which buildings | ||
were originally constructed not less than 40 years ago;
| ||
(iii) The voters of the district approve a proposition |
for the issuance of
the bonds at a referendum held after | ||
March 19, 1996; and
| ||
(iv) The bonds are issued pursuant to Sections 19-2 | ||
through 19-7 of this
Code.
| ||
(i) Notwithstanding any other provisions of this Section or | ||
the provisions
of any other law, until January 1, 1998, a | ||
community unit school district
maintaining grades K through 12 | ||
may issue bonds up to an amount, including
existing | ||
indebtedness, not exceeding 27% of the equalized assessed value | ||
of the
taxable property in the district, if all of the | ||
following conditions are met:
| ||
(i) The school district has an equalized assessed | ||
valuation for calendar
year 1995 of less than $44,600,000;
| ||
(ii) The bonds are issued for the capital improvement, | ||
renovation,
rehabilitation, or replacement
of existing | ||
school buildings of the district, all of which
existing | ||
buildings were originally constructed not less than 80 | ||
years ago;
| ||
(iii) The voters of the district approve a proposition | ||
for the issuance of
the bonds at a referendum held after | ||
December 31, 1996; and
| ||
(iv) The bonds are issued pursuant to Sections 19-2 | ||
through 19-7 of this
Code.
| ||
(j) Notwithstanding any other provisions of this Section or | ||
the
provisions of any other law, until January 1, 1999, a | ||
community unit school
district maintaining grades K through 12 |
may issue bonds up to an amount,
including existing | ||
indebtedness, not exceeding 27% of the equalized assessed
value | ||
of the taxable property in the district if all of the following
| ||
conditions are met:
| ||
(i) The school district has an equalized assessed | ||
valuation for calendar
year 1995 of less than $140,000,000 | ||
and a best 3 months
average daily
attendance for the | ||
1995-96 school year of at least 2,800;
| ||
(ii) The bonds are issued to purchase a site and build | ||
and equip a new
high school, and the school district's | ||
existing high school was originally
constructed not less | ||
than 35
years prior to the sale of the bonds;
| ||
(iii) At the time of the sale of the bonds, the board | ||
of education
determines
by resolution that a new high | ||
school is needed because of projected enrollment
| ||
increases;
| ||
(iv) At least 60% of those voting in an election held
| ||
after December 31, 1996 approve a proposition
for the | ||
issuance of
the bonds; and
| ||
(v) The bonds are issued pursuant to Sections 19-2 | ||
through
19-7 of this Code.
| ||
(k) Notwithstanding the debt limitation prescribed in | ||
subsection (a) of
this Section, a school district that meets | ||
all the criteria set forth in
paragraphs (1) through (4) of | ||
this subsection (k) may issue bonds to incur an
additional | ||
indebtedness in an amount not to exceed $4,000,000 even though |
the
amount of the additional indebtedness authorized by this | ||
subsection (k), when
incurred and added to the aggregate amount | ||
of indebtedness of the school
district existing immediately | ||
prior to the school district incurring such
additional | ||
indebtedness, causes the aggregate indebtedness of the school
| ||
district to exceed or increases the amount by which the | ||
aggregate indebtedness
of the district already exceeds the debt | ||
limitation otherwise applicable to
that school district under | ||
subsection (a):
| ||
(1) the school district is located in 2 counties, and a | ||
referendum to
authorize the additional indebtedness was | ||
approved by a majority of the voters
of the school district | ||
voting on the proposition to authorize that
indebtedness;
| ||
(2) the additional indebtedness is for the purpose of | ||
financing a
multi-purpose room addition to the existing | ||
high school;
| ||
(3) the additional indebtedness, together with the | ||
existing indebtedness
of the school district, shall not | ||
exceed 17.4% of the value of the taxable
property in the | ||
school district, to be ascertained by the last assessment | ||
for
State and county taxes; and
| ||
(4) the bonds evidencing the additional indebtedness | ||
are issued, if at
all, within 120 days of August 14, 1998 | ||
(the effective date of Public Act 90-757).
| ||
(l) Notwithstanding any other provisions of this Section or | ||
the
provisions of any other law, until January 1, 2000, a |
school district
maintaining grades kindergarten through 8 may | ||
issue bonds up to an amount,
including existing indebtedness, | ||
not exceeding 15% of the equalized assessed
value of the | ||
taxable property in the district if all of the following
| ||
conditions are met:
| ||
(i) the district has an equalized assessed valuation | ||
for calendar year
1996 of less than $10,000,000;
| ||
(ii) the bonds are issued for capital improvement, | ||
renovation,
rehabilitation, or replacement of one or more | ||
school buildings of the district,
which buildings were | ||
originally constructed not less than 70 years ago;
| ||
(iii) the voters of the district approve a proposition | ||
for the issuance of
the bonds at a referendum held on or | ||
after March 17, 1998; and
| ||
(iv) the bonds are issued pursuant to Sections 19-2 | ||
through 19-7 of this
Code.
| ||
(m) Notwithstanding any other provisions of this Section or | ||
the provisions
of
any other law, until January 1, 1999, an | ||
elementary school district maintaining
grades K through 8 may | ||
issue bonds up to an amount, excluding existing
indebtedness, | ||
not exceeding 18% of the equalized assessed value of the | ||
taxable
property in the district, if all of the following | ||
conditions are met:
| ||
(i) The school district has an equalized assessed | ||
valuation for calendar
year 1995 or less than $7,700,000;
| ||
(ii) The school district operates 2 elementary |
attendance centers that
until
1976 were operated as the | ||
attendance centers of 2 separate and distinct school
| ||
districts;
| ||
(iii) The bonds are issued for the construction of a | ||
new elementary school
building to replace an existing | ||
multi-level elementary school building of the
school | ||
district that is not accessible at all levels and parts of
| ||
which were constructed more than 75 years ago;
| ||
(iv) The voters of the school district approve a | ||
proposition for the
issuance of the bonds at a referendum | ||
held after July 1, 1998; and
| ||
(v) The bonds are issued pursuant to Sections 19-2 | ||
through 19-7 of this
Code.
| ||
(n) Notwithstanding the debt limitation prescribed in | ||
subsection (a) of
this Section or any other provisions of this | ||
Section or of any other law, a
school district that meets all | ||
of the criteria set forth in paragraphs (i)
through (vi) of | ||
this subsection (n) may incur additional indebtedness by the
| ||
issuance of bonds in an amount not exceeding the amount | ||
certified by the
Capital Development Board to the school | ||
district as provided in paragraph (iii)
of
this subsection (n), | ||
even though the amount of the additional indebtedness so
| ||
authorized, when incurred and added to the aggregate amount of | ||
indebtedness of
the district existing immediately prior to the | ||
district incurring the
additional indebtedness authorized by | ||
this subsection (n), causes the aggregate
indebtedness of the |
district to exceed the debt limitation otherwise applicable
by | ||
law to that district:
| ||
(i) The school district applies to the State Board of | ||
Education for a
school construction project grant and | ||
submits a district facilities plan in
support
of its | ||
application pursuant to Section 5-20 of
the School | ||
Construction Law.
| ||
(ii) The school district's application and facilities | ||
plan are approved
by,
and the district receives a grant | ||
entitlement for a school construction project
issued by, | ||
the State Board of Education under the School Construction | ||
Law.
| ||
(iii) The school district has exhausted its bonding | ||
capacity or the unused
bonding capacity of the district is | ||
less than the amount certified by the
Capital Development | ||
Board to the district under Section 5-15 of the School
| ||
Construction Law as the dollar amount of the school | ||
construction project's cost
that the district will be | ||
required to finance with non-grant funds in order to
| ||
receive a school construction project grant under the | ||
School Construction Law.
| ||
(iv) The bonds are issued for a "school construction | ||
project", as that
term is defined in Section 5-5 of the | ||
School Construction Law, in an amount
that does not exceed | ||
the dollar amount certified, as provided in paragraph
(iii) | ||
of this subsection (n), by the Capital Development Board
to |
the school
district under Section 5-15 of the School | ||
Construction Law.
| ||
(v) The voters of the district approve a proposition | ||
for the issuance of
the bonds at a referendum held after | ||
the criteria specified in paragraphs (i)
and (iii) of this | ||
subsection (n) are met.
| ||
(vi) The bonds are issued pursuant to Sections 19-2 | ||
through 19-7 of the
School Code.
| ||
(o) Notwithstanding any other provisions of this Section or | ||
the
provisions of any other law, until November 1, 2007, a | ||
community unit
school district maintaining grades K through 12 | ||
may issue bonds up to
an amount, including existing | ||
indebtedness, not exceeding 20% of the
equalized assessed value | ||
of the taxable property in the district if all of the
following | ||
conditions are met:
| ||
(i) the school district has an equalized assessed | ||
valuation
for calendar year 2001 of at least $737,000,000 | ||
and an enrollment
for the 2002-2003 school year of at least | ||
8,500;
| ||
(ii) the bonds are issued to purchase school sites, | ||
build and
equip a new high school, build and equip a new | ||
junior high school,
build and equip 5 new elementary | ||
schools, and make technology
and other improvements and | ||
additions to existing schools;
| ||
(iii) at the time of the sale of the bonds, the board | ||
of
education determines by resolution that the sites and |
new or
improved facilities are needed because of projected | ||
enrollment
increases;
| ||
(iv) at least 57% of those voting in a general election | ||
held
prior to January 1, 2003 approved a proposition for | ||
the issuance of
the bonds; and
| ||
(v) the bonds are issued pursuant to Sections 19-2 | ||
through
19-7 of this Code.
| ||
(p) Notwithstanding any other provisions of this Section or | ||
the provisions of any other law, a community unit school | ||
district maintaining grades K through 12 may issue bonds up to | ||
an amount, including indebtedness, not exceeding 27% of the | ||
equalized assessed value of the taxable property in the | ||
district if all of the following conditions are met: | ||
(i) The school district has an equalized assessed | ||
valuation for calendar year 2001 of at least $295,741,187 | ||
and a best 3 months' average daily attendance for the | ||
2002-2003 school year of at least 2,394. | ||
(ii) The bonds are issued to build and equip 3 | ||
elementary school buildings; build and equip one middle | ||
school building; and alter, repair, improve, and equip all | ||
existing school buildings in the district. | ||
(iii) At the time of the sale of the bonds, the board | ||
of education determines by resolution that the project is | ||
needed because of expanding growth in the school district | ||
and a projected enrollment increase. | ||
(iv) The bonds are issued pursuant to Sections 19-2 |
through 19-7 of this Code.
| ||
(p-5) Notwithstanding any other provisions of this Section | ||
or the provisions of any other law, bonds issued by a community | ||
unit school district maintaining grades K through 12 shall not | ||
be considered indebtedness for purposes of any statutory | ||
limitation and may be issued in an amount or amounts, including | ||
existing indebtedness, in excess of any heretofore or hereafter | ||
imposed statutory limitation as to indebtedness, if all of the | ||
following conditions are met: | ||
(i) For each of the 4 most recent years, residential | ||
property comprises more than 80% of the equalized assessed | ||
valuation of the district. | ||
(ii) At least 2 school buildings that were constructed | ||
40 or more years prior to the issuance of the bonds will be | ||
demolished and will be replaced by new buildings or | ||
additions to one or more existing buildings. | ||
(iii) Voters of the district approve a proposition for | ||
the issuance of the bonds at a regularly scheduled | ||
election. | ||
(iv) At the time of the sale of the bonds, the school | ||
board determines by resolution that the new buildings or | ||
building additions are needed because of an increase in | ||
enrollment projected by the school board. | ||
(v) The principal amount of the bonds, including | ||
existing indebtedness, does not exceed 25% of the equalized | ||
assessed value of the taxable property in the district. |
(vi) The bonds are issued prior to January 1, 2007, | ||
pursuant to Sections 19-2 through 19-7 of this Code.
| ||
(p-10) Notwithstanding any other provisions of this | ||
Section or the provisions of any other law, bonds issued by a | ||
community consolidated school district maintaining grades K | ||
through 8 shall not be considered indebtedness for purposes of | ||
any statutory limitation and may be issued in an amount or | ||
amounts, including existing indebtedness, in excess of any | ||
heretofore or hereafter imposed statutory limitation as to | ||
indebtedness, if all of the following conditions are met: | ||
(i) For each of the 4 most recent years, residential | ||
and farm property comprises more than 80% of the equalized | ||
assessed valuation of the district. | ||
(ii) The bond proceeds are to be used to acquire and | ||
improve school sites and build and equip a school building. | ||
(iii) Voters of the district approve a proposition for | ||
the issuance of the bonds at a regularly scheduled | ||
election. | ||
(iv) At the time of the sale of the bonds, the school | ||
board determines by resolution that the school sites and | ||
building additions are needed because of an increase in | ||
enrollment projected by the school board. | ||
(v) The principal amount of the bonds, including | ||
existing indebtedness, does not exceed 20% of the equalized | ||
assessed value of the taxable property in the district. | ||
(vi) The bonds are issued prior to January 1, 2007, |
pursuant to Sections 19-2 through 19-7 of this Code.
| ||
(p-15) In addition to all other authority to issue bonds, | ||
the Oswego Community Unit School District Number 308 may issue | ||
bonds with an aggregate principal amount not to exceed | ||
$450,000,000, but only if all of the following conditions are | ||
met: | ||
(i) The voters of the district have approved a | ||
proposition for the bond issue at the general election held | ||
on November 7, 2006. | ||
(ii) At the time of the sale of the bonds, the school | ||
board determines, by resolution, that: (A) the building and | ||
equipping of the new high school building, new junior high | ||
school buildings, new elementary school buildings, early | ||
childhood building, maintenance building, transportation | ||
facility, and additions to existing school buildings, the | ||
altering, repairing, equipping, and provision of | ||
technology improvements to existing school buildings, and | ||
the acquisition and improvement of school sites, as the | ||
case may be, are required as a result of a projected | ||
increase in the enrollment of students in the district; and | ||
(B) the sale of bonds for these purposes is authorized by | ||
legislation that exempts the debt incurred on the bonds | ||
from the district's statutory debt limitation.
| ||
(iii) The bonds are issued, in one or more bond issues, | ||
on or before November 7, 2011, but the aggregate principal | ||
amount issued in all such bond issues combined must not |
exceed $450,000,000.
| ||
(iv) The bonds are issued in accordance with this | ||
Article 19. | ||
(v) The proceeds of the bonds are used only to | ||
accomplish those projects approved by the voters at the | ||
general election held on November 7, 2006. | ||
The debt incurred on any bonds issued under this subsection | ||
(p-15) shall not be considered indebtedness for purposes of any | ||
statutory debt limitation.
| ||
(p-20) In addition to all other authority to issue bonds, | ||
the Lincoln-Way Community High School District Number 210 may | ||
issue bonds with an aggregate principal amount not to exceed | ||
$225,000,000, but only if all of the following conditions are | ||
met: | ||
(i) The voters of the district have approved a | ||
proposition for the bond issue at the general primary | ||
election held on March 21, 2006. | ||
(ii) At the time of the sale of the bonds, the school | ||
board determines, by resolution, that: (A) the building and | ||
equipping of the new high school buildings, the altering, | ||
repairing, and equipping of existing school buildings, and | ||
the improvement of school sites, as the case may be, are | ||
required as a result of a projected increase in the | ||
enrollment of students in the district; and (B) the sale of | ||
bonds for these purposes is authorized by legislation that | ||
exempts the debt incurred on the bonds from the district's |
statutory debt limitation.
| ||
(iii) The bonds are issued, in one or more bond issues, | ||
on or before March 21, 2011, but the aggregate principal | ||
amount issued in all such bond issues combined must not | ||
exceed $225,000,000.
| ||
(iv) The bonds are issued in accordance with this | ||
Article 19. | ||
(v) The proceeds of the bonds are used only to | ||
accomplish those projects approved by the voters at the | ||
primary election held on March 21, 2006. | ||
The debt incurred on any bonds issued under this subsection | ||
(p-20) shall not be considered indebtedness for purposes of any | ||
statutory debt limitation.
| ||
(p-25) In addition to all other authority to issue bonds, | ||
Rochester Community Unit School District 3A may issue bonds | ||
with an aggregate principal amount not to exceed $18,500,000, | ||
but only if all of the following conditions are met: | ||
(i) The voters of the district approve a proposition | ||
for the bond issuance at the general primary election held | ||
in 2008.
| ||
(ii) At the time of the sale of the bonds, the school | ||
board determines, by resolution, that: (A) the building and | ||
equipping of a new high school building; the addition of | ||
classrooms and support facilities at the high school, | ||
middle school, and elementary school; the altering, | ||
repairing, and equipping of existing school buildings; and |
the improvement of school sites, as the case may be, are | ||
required as a result of a projected increase in the | ||
enrollment of students in the district; and (B) the sale of | ||
bonds for these purposes is authorized by a law that | ||
exempts the debt incurred on the bonds from the district's | ||
statutory debt limitation. | ||
(iii) The bonds are issued, in one or more bond issues, | ||
on or before December 31, 2012, but the aggregate principal | ||
amount issued in all such bond issues combined must not | ||
exceed $18,500,000. | ||
(iv) The bonds are issued in accordance with this | ||
Article 19. | ||
(v) The proceeds of the bonds are used to accomplish | ||
only those projects approved by the voters at the primary | ||
election held in 2008.
| ||
The debt incurred on any bonds issued under this subsection | ||
(p-25) shall not be considered indebtedness for purposes of any | ||
statutory debt limitation.
| ||
(p-30) In addition to all other authority to issue bonds, | ||
Prairie Grove Consolidated School District 46 may issue bonds | ||
with an aggregate principal amount not to exceed $30,000,000, | ||
but only if all of the following conditions are met:
| ||
(i) The voters of the district approve a proposition | ||
for the bond issuance at an election held in 2008.
| ||
(ii) At the time of the sale of the bonds, the school | ||
board determines, by resolution, that (A) the building and |
equipping of a new school building and additions to | ||
existing school buildings are required as a result of a | ||
projected increase in the enrollment of students in the | ||
district and (B) the altering, repairing, and equipping of | ||
existing school buildings are required because of the age | ||
of the existing school buildings.
| ||
(iii) The bonds are issued, in one or more bond | ||
issuances, on or before December 31, 2012; however, the | ||
aggregate principal amount issued in all such bond | ||
issuances combined must not exceed $30,000,000.
| ||
(iv) The bonds are issued in accordance with this | ||
Article.
| ||
(v) The proceeds of the bonds are used to accomplish | ||
only those projects approved by the voters at an election | ||
held in 2008.
| ||
The debt incurred on any bonds issued under this subsection | ||
(p-30) shall not be considered indebtedness for purposes of any | ||
statutory debt limitation.
| ||
(p-35) In addition to all other authority to issue bonds, | ||
Prairie Hill Community Consolidated School District 133 may | ||
issue bonds with an aggregate principal amount not to exceed | ||
$13,900,000, but only if all of the following conditions are | ||
met:
| ||
(i) The voters of the district approved a proposition | ||
for the bond issuance at an election held on April 17, | ||
2007.
|
(ii) At the time of the sale of the bonds, the school | ||
board determines, by resolution, that (A) the improvement | ||
of the site of and the building and equipping of a school | ||
building are required as a result of a projected increase | ||
in the enrollment of students in the district and (B) the | ||
repairing and equipping of the Prairie Hill Elementary | ||
School building is required because of the age of that | ||
school building.
| ||
(iii) The bonds are issued, in one or more bond | ||
issuances, on or before December 31, 2011, but the | ||
aggregate principal amount issued in all such bond | ||
issuances combined must not exceed $13,900,000.
| ||
(iv) The bonds are issued in accordance with this | ||
Article.
| ||
(v) The proceeds of the bonds are used to accomplish | ||
only those projects approved by the voters at an election | ||
held on April 17, 2007.
| ||
The debt incurred on any bonds issued under this subsection | ||
(p-35) shall not be considered indebtedness for purposes of any | ||
statutory debt limitation.
| ||
(p-40) In addition to all other authority to issue bonds, | ||
Mascoutah Community Unit District 19 may issue bonds with an | ||
aggregate principal amount not to exceed $55,000,000, but only | ||
if all of the following conditions are met: | ||
(1) The voters of the district approve a proposition | ||
for the bond issuance at a regular election held on or |
after November 4, 2008. | ||
(2) At the time of the sale of the bonds, the school | ||
board determines, by resolution, that (i) the building and | ||
equipping of a new high school building is required as a | ||
result of a projected increase in the enrollment of | ||
students in the district and the age and condition of the | ||
existing high school building, (ii) the existing high | ||
school building will be demolished, and (iii) the sale of | ||
bonds is authorized by statute that exempts the debt | ||
incurred on the bonds from the district's statutory debt | ||
limitation. | ||
(3) The bonds are issued, in one or more bond | ||
issuances, on or before December 31, 2011, but the | ||
aggregate principal amount issued in all such bond | ||
issuances combined must not exceed $55,000,000. | ||
(4) The bonds are issued in accordance with this | ||
Article. | ||
(5) The proceeds of the bonds are used to accomplish | ||
only those projects approved by the voters at a regular | ||
election held on or after November 4, 2008. | ||
The debt incurred on any bonds issued under this subsection | ||
(p-40) shall not be considered indebtedness for purposes of any | ||
statutory debt limitation. | ||
(p-45) Notwithstanding the provisions of subsection (a) of | ||
this Section or of any other law, bonds issued pursuant to | ||
Section 19-3.5 of this Code shall not be considered |
indebtedness for purposes of any statutory limitation if the | ||
bonds are issued in an amount or amounts, including existing | ||
indebtedness of the school district, not in excess of 18.5% of | ||
the value of the taxable property in the district to be | ||
ascertained by the last assessment for State and county taxes. | ||
(p-50) Notwithstanding the provisions of subsection (a) of
| ||
this Section or of any other law, bonds issued pursuant to
| ||
Section 19-3.10 of this Code shall not be considered
| ||
indebtedness for purposes of any statutory limitation if the
| ||
bonds are issued in an amount or amounts, including existing
| ||
indebtedness of the school district, not in excess of 43% of
| ||
the value of the taxable property in the district to be
| ||
ascertained by the last assessment for State and county taxes. | ||
(p-55) In addition to all other authority to issue bonds, | ||
Belle Valley School District 119 may issue bonds with an | ||
aggregate principal amount not to exceed $47,500,000, but only | ||
if all of the following conditions are met: | ||
(1) The voters of the district approve a proposition | ||
for the bond issuance at an election held on or after April | ||
7, 2009. | ||
(2) Prior to the issuance of the bonds, the school | ||
board determines, by resolution, that (i) the building and | ||
equipping of a new school building is required as a result | ||
of mine subsidence in an existing school building and | ||
because of the age and condition of another existing school | ||
building and (ii) the issuance of bonds is authorized by |
statute that exempts the debt incurred on the bonds from | ||
the district's statutory debt limitation. | ||
(3) The bonds are issued, in one or more bond | ||
issuances, on or before March 31, 2014, but the aggregate | ||
principal amount issued in all such bond issuances combined | ||
must not exceed $47,500,000. | ||
(4) The bonds are issued in accordance with this | ||
Article. | ||
(5) The proceeds of the bonds are used to accomplish | ||
only those projects approved by the voters at an election | ||
held on or after April 7, 2009. | ||
The debt incurred on any bonds issued under this subsection | ||
(p-55) shall not be considered indebtedness for purposes of any | ||
statutory debt limitation. Bonds issued under this subsection | ||
(p-55) must mature within not to exceed 30 years from their | ||
date, notwithstanding any other law to the contrary. | ||
(p-60) In addition to all other authority to issue bonds, | ||
Wilmington Community Unit School District Number 209-U may | ||
issue bonds with an aggregate principal amount not to exceed | ||
$2,285,000, but only if all of the following conditions are | ||
met: | ||
(1) The proceeds of the bonds are used to accomplish | ||
only those projects approved by the voters at the general | ||
primary election held on March 21, 2006. | ||
(2) Prior to the issuance of the bonds, the school | ||
board determines, by resolution, that (i) the projects |
approved by the voters were and are required because of the | ||
age and condition of the school district's prior and | ||
existing school buildings and (ii) the issuance of the | ||
bonds is authorized by legislation that exempts the debt | ||
incurred on the bonds from the district's statutory debt | ||
limitation. | ||
(3) The bonds are issued in one or more bond issuances | ||
on or before March 1, 2011, but the aggregate principal | ||
amount issued in all those bond issuances combined must not | ||
exceed $2,285,000. | ||
(4) The bonds are issued in accordance with this | ||
Article. | ||
The debt incurred on any bonds issued under this subsection | ||
(p-60) shall not be considered indebtedness for purposes of any | ||
statutory debt limitation. | ||
(p-65) In addition to all other authority to issue bonds, | ||
West Washington County Community Unit School District 10 may | ||
issue bonds with an aggregate principal amount not to exceed | ||
$32,200,000 and maturing over a period not exceeding 25 years, | ||
but only if all of the following conditions are met: | ||
(1) The voters of the district approve a proposition | ||
for the bond issuance at an election held on or after | ||
February 2, 2010. | ||
(2) Prior to the issuance of the bonds, the school | ||
board determines, by resolution, that (A) all or a portion | ||
of the existing Okawville Junior/Senior High School |
Building will be demolished; (B) the building and equipping | ||
of a new school building to be attached to and the | ||
alteration, repair, and equipping of the remaining portion | ||
of the Okawville Junior/Senior High School Building is | ||
required because of the age and current condition of that | ||
school building; and (C) the issuance of bonds is | ||
authorized by a statute that exempts the debt incurred on | ||
the bonds from the district's statutory debt limitation. | ||
(3) The bonds are issued, in one or more bond | ||
issuances, on or before March 31, 2014, but the aggregate | ||
principal amount issued in all such bond issuances combined | ||
must not exceed $32,200,000. | ||
(4) The bonds are issued in accordance with this | ||
Article. | ||
(5) The proceeds of the bonds are used to accomplish | ||
only those projects approved by the voters at an election | ||
held on or after February 2, 2010. | ||
The debt incurred on any bonds issued under this subsection | ||
(p-65) shall not be considered indebtedness for purposes of any | ||
statutory debt limitation. | ||
(p-70) In addition to all other authority to issue bonds, | ||
Cahokia Community Unit School District 187 may issue bonds with | ||
an aggregate principal amount not to exceed $50,000,000, but | ||
only if all the following conditions are met: | ||
(1) The voters of the district approve a proposition | ||
for the bond issuance at an election held on or after |
November 2, 2010. | ||
(2) Prior to the issuance of the bonds, the school | ||
board determines, by resolution, that (i) the building and | ||
equipping of a new school building is required as a result | ||
of the age and condition of an existing school building and | ||
(ii) the issuance of bonds is authorized by a statute that | ||
exempts the debt incurred on the bonds from the district's | ||
statutory debt limitation. | ||
(3) The bonds are issued, in one or more issuances, on | ||
or before July 1, 2016, but the aggregate principal amount | ||
issued in all such bond issuances combined must not exceed | ||
$50,000,000. | ||
(4) The bonds are issued in accordance with this | ||
Article. | ||
(5) The proceeds of the bonds are used to accomplish | ||
only those projects approved by the voters at an election | ||
held on or after November 2, 2010. | ||
The debt incurred on any bonds issued under this subsection | ||
(p-70) shall not be considered indebtedness for purposes of any | ||
statutory debt limitation. Bonds issued under this subsection | ||
(p-70) must mature within not to exceed 25 years from their | ||
date, notwithstanding any other law, including Section 19-3 of | ||
this Code, to the contrary. | ||
(p-75) Notwithstanding the debt limitation prescribed in | ||
subsection (a) of this Section
or any other provisions of this | ||
Section or of any other law, the execution of leases on or
|
after January 1, 2007 and before July 1, 2011 by the Board of | ||
Education of Peoria School District 150 with a public building | ||
commission for leases entered into pursuant to the Public
| ||
Building Commission Act shall not be considered indebtedness | ||
for purposes of any
statutory debt limitation. | ||
This subsection (p-75) applies only if the State Board of | ||
Education or the Capital Development Board makes one or more | ||
grants to Peoria School District 150 pursuant to the School | ||
Construction Law. The amount exempted from the debt limitation | ||
as prescribed in this subsection (p-75) shall be no greater | ||
than the amount of one or more grants awarded to Peoria School | ||
District 150 by the State Board of Education or the Capital | ||
Development Board. | ||
(p-80) In addition to all other authority to issue bonds, | ||
Ridgeland School District 122 may issue bonds with an aggregate | ||
principal amount not to exceed $50,000,000 for the purpose of | ||
refunding or continuing to refund bonds originally issued | ||
pursuant to voter approval at the general election held on | ||
November 7, 2000, and the debt incurred on any bonds issued | ||
under this subsection (p-80) shall not be considered | ||
indebtedness for purposes of any statutory debt limitation. | ||
Bonds issued under this subsection (p-80) may be issued in one | ||
or more issuances and must mature within not to exceed 25 years | ||
from their date, notwithstanding any other law, including | ||
Section 19-3 of this Code, to the contrary. | ||
(p-85) In addition to all other authority to issue bonds, |
Hall High School District 502 may issue bonds with an aggregate | ||
principal amount not to exceed $32,000,000, but only if all the | ||
following conditions are met: | ||
(1) The voters of the district approve a proposition
| ||
for the bond issuance at an election held on or after April | ||
9, 2013. | ||
(2) Prior to the issuance of the bonds, the school
| ||
board determines, by resolution, that (i) the building and | ||
equipping of a new school building is required as a result | ||
of the age and condition of an existing school building, | ||
(ii) the existing school building should be demolished in | ||
its entirety or the existing school building should be | ||
demolished except for the 1914 west wing of the building, | ||
and (iii) the issuance of bonds is authorized by a statute | ||
that exempts the debt incurred on the bonds from the | ||
district's statutory debt limitation. | ||
(3) The bonds are issued, in one or more issuances, not | ||
later than 5 years after the date of the referendum | ||
approving the issuance of the bonds, but the aggregate | ||
principal amount issued in all such bond issuances combined | ||
must not exceed $32,000,000. | ||
(4) The bonds are issued in accordance with this
| ||
Article. | ||
(5) The proceeds of the bonds are used to accomplish
| ||
only those projects approved by the voters at an election | ||
held on or after April 9, 2013. |
The debt incurred on any bonds issued under this subsection | ||
(p-85) shall not be considered indebtedness for purposes of any | ||
statutory debt limitation. Bonds issued under this subsection | ||
(p-85) must mature within not to exceed 30 years from their | ||
date, notwithstanding any other law, including Section 19-3 of | ||
this Code, to the contrary. | ||
(p-90) In addition to all other authority to issue bonds, | ||
Lebanon Community Unit School District 9 may issue bonds with | ||
an aggregate principal amount not to exceed $7,500,000, but | ||
only if all of the following conditions are met: | ||
(1) The voters of the district approved a proposition | ||
for the bond issuance at the general primary election on | ||
February 2, 2010. | ||
(2) At or prior to the time of the sale of the bonds, | ||
the school board determines, by resolution, that (i) the | ||
building and equipping of a new elementary school building | ||
is required as a result of a projected increase in the | ||
enrollment of students in the district and the age and | ||
condition of the existing Lebanon Elementary School | ||
building, (ii) a portion of the existing Lebanon Elementary | ||
School building will be demolished and the remaining | ||
portion will be altered, repaired, and equipped, and (iii) | ||
the sale of bonds is authorized by a statute that exempts | ||
the debt incurred on the bonds from the district's | ||
statutory debt limitation. | ||
(3) The bonds are issued, in one or more bond |
issuances, on or before April 1, 2014, but the aggregate | ||
principal amount issued in all such bond issuances combined | ||
must not exceed $7,500,000. | ||
(4) The bonds are issued in accordance with this | ||
Article. | ||
(5) The proceeds of the bonds are used to accomplish | ||
only those projects approved by the voters at the general | ||
primary election held on February 2, 2010. | ||
The debt incurred on any bonds issued under this subsection | ||
(p-90) shall not be considered indebtedness for purposes of any | ||
statutory debt limitation. | ||
(p-95) In addition to all other authority to issue bonds, | ||
Monticello Community Unit School District 25 may issue bonds | ||
with an aggregate principal amount not to exceed $35,000,000, | ||
but only if all of the following conditions are met: | ||
(1) The voters of the district approve a proposition | ||
for the bond issuance at an election held on or after | ||
November 4, 2014. | ||
(2) Prior to the issuance of the bonds, the school | ||
board determines, by resolution, that (i) the building and | ||
equipping of a new school building is required as a result | ||
of the age and condition of an existing school building and | ||
(ii) the issuance of bonds is authorized by a statute that | ||
exempts the debt incurred on the bonds from the district's | ||
statutory debt limitation. | ||
(3) The bonds are issued, in one or more issuances, on |
or before July 1, 2020, but the aggregate principal amount | ||
issued in all such bond issuances combined must not exceed | ||
$35,000,000. | ||
(4) The bonds are issued in accordance with this | ||
Article. | ||
(5) The proceeds of the bonds are used to accomplish | ||
only those projects approved by the voters at an election | ||
held on or after November 4, 2014. | ||
The debt incurred on any bonds issued under this subsection | ||
(p-95) shall not be considered indebtedness for purposes of any | ||
statutory debt limitation. Bonds issued under this subsection | ||
(p-95) must mature within not to exceed 25 years from their | ||
date, notwithstanding any other law, including Section 19-3 of | ||
this Code, to the contrary. | ||
(p-100) In addition to all other authority to issue bonds, | ||
the community unit school district created in the territory | ||
comprising Milford Community Consolidated School District 280 | ||
and Milford Township High School District 233, as approved at | ||
the general primary election held on March 18, 2014, may issue | ||
bonds with an aggregate principal amount not to exceed | ||
$17,500,000, but only if all the following conditions are met: | ||
(1) The voters of the district approve a proposition | ||
for the bond issuance at an election held on or after | ||
November 4, 2014. | ||
(2) Prior to the issuance of the bonds, the school | ||
board determines, by resolution, that (i) the building and |
equipping of a new school building is required as a result | ||
of the age and condition of an existing school building and | ||
(ii) the issuance of bonds is authorized by a statute that | ||
exempts the debt incurred on the bonds from the district's | ||
statutory debt limitation. | ||
(3) The bonds are issued, in one or more issuances, on | ||
or before July 1, 2020, but the aggregate principal amount | ||
issued in all such bond issuances combined must not exceed | ||
$17,500,000. | ||
(4) The bonds are issued in accordance with this | ||
Article. | ||
(5) The proceeds of the bonds are used to accomplish | ||
only those projects approved by the voters at an election | ||
held on or after November 4, 2014. | ||
The debt incurred on any bonds issued under this subsection | ||
(p-100) shall not be considered indebtedness for purposes of | ||
any statutory debt limitation. Bonds issued under this | ||
subsection (p-100) must mature within not to exceed 25 years | ||
from their date, notwithstanding any other law, including | ||
Section 19-3 of this Code, to the contrary. | ||
(p-105) In addition to all other authority to issue bonds, | ||
North Shore School District 112 may issue bonds with an | ||
aggregate principal amount not to exceed $150,000,000, but only | ||
if all of the following conditions are met: | ||
(1) The voters of the district approve a proposition | ||
for the bond issuance at an election held on or after March |
15, 2016. | ||
(2) Prior to the issuance of the bonds, the school | ||
board determines, by resolution, that (i) the building and | ||
equipping of new buildings and improving the sites thereof | ||
and the building and equipping of additions to, altering, | ||
repairing, equipping, and renovating existing buildings | ||
and improving the sites thereof are required as a result of | ||
the age and condition of the district's existing buildings | ||
and (ii) the issuance of bonds is authorized by a statute | ||
that exempts the debt incurred on the bonds from the | ||
district's statutory debt limitation. | ||
(3) The bonds are issued, in one or more issuances, not | ||
later than 5 years after the date of the referendum | ||
approving the issuance of the bonds, but the aggregate | ||
principal amount issued in all such bond issuances combined | ||
must not exceed $150,000,000. | ||
(4) The bonds are issued in accordance with this | ||
Article. | ||
(5) The proceeds of the bonds are used to accomplish | ||
only those projects approved by the voters at an election | ||
held on or after March 15, 2016. | ||
The debt incurred on any bonds issued under this subsection | ||
(p-105) and on any bonds issued to refund or continue to refund | ||
such bonds shall not be considered indebtedness for purposes of | ||
any statutory debt limitation. Bonds issued under this | ||
subsection (p-105) and any bonds issued to refund or continue |
to refund such bonds must mature within not to exceed 30 years | ||
from their date, notwithstanding any other law, including | ||
Section 19-3 of this Code, to the contrary. | ||
(p-110) In addition to all other authority to issue bonds, | ||
Sandoval Community Unit School District 501 may issue bonds | ||
with an aggregate principal amount not to exceed $2,000,000, | ||
but only if all of the following conditions are met: | ||
(1) The voters of the district approved a proposition | ||
for the bond issuance at an election held on March 20, | ||
2012. | ||
(2) Prior to the issuance of the bonds, the school | ||
board determines, by resolution, that (i) the building and | ||
equipping of a new school building is required because of | ||
the age and current condition of the Sandoval Elementary | ||
School building and (ii) the issuance of bonds is | ||
authorized by a statute that exempts the debt incurred on | ||
the bonds from the district's statutory debt limitation. | ||
(3) The bonds are issued, in one or more bond | ||
issuances, on or before March 19, 2022, but the aggregate | ||
principal amount issued in all such bond issuances combined | ||
must not exceed $2,000,000. | ||
(4) The bonds are issued in accordance with this | ||
Article. | ||
(5) The proceeds of the bonds are used to accomplish | ||
only those projects approved by the voters at the election | ||
held on March 20, 2012. |
The debt incurred on any bonds issued under this subsection | ||
(p-110) and on any bonds issued to refund or continue to refund | ||
the bonds shall not be considered indebtedness for purposes of | ||
any statutory debt limitation. | ||
(p-115) In addition to all other authority to issue bonds, | ||
Bureau Valley Community Unit School District 340 may issue | ||
bonds with an aggregate principal amount not to exceed | ||
$25,000,000, but only if all of the following conditions are | ||
met: | ||
(1) The voters of the district approve a proposition | ||
for the bond issuance at an election held on or after March | ||
15, 2016. | ||
(2) Prior to the issuances of the bonds, the school | ||
board determines, by resolution, that (i) the renovating | ||
and equipping of some existing school buildings, the | ||
building and equipping of new school buildings, and the | ||
demolishing of some existing school buildings are required | ||
as a result of the age and condition of existing school | ||
buildings and (ii) the issuance of bonds is authorized by a | ||
statute that exempts the debt incurred on the bonds from | ||
the district's statutory debt limitation. | ||
(3) The bonds are issued, in one or more issuances, on | ||
or before July 1, 2021, but the aggregate principal amount | ||
issued in all such bond issuances combined must not exceed | ||
$25,000,000. | ||
(4) The bonds are issued in accordance with this |
Article. | ||
(5) The proceeds of the bonds are used to accomplish | ||
only those projects approved by the voters at an election | ||
held on or after March 15, 2016. | ||
The debt incurred on any bonds issued under this subsection | ||
(p-115) shall not be considered indebtedness for purposes of | ||
any statutory debt limitation. Bonds issued under this | ||
subsection (p-115) must mature within not to exceed 30 years | ||
from their date, notwithstanding any other law, including | ||
Section 19-3 of this Code, to the contrary. | ||
(p-120) In addition to all other authority to issue bonds, | ||
Paxton-Buckley-Loda Community Unit School District 10 may | ||
issue bonds with an aggregate principal amount not to exceed
| ||
$28,500,000, but only if all the following conditions are met: | ||
(1) The voters of the district approve a proposition | ||
for the bond issuance at an election held on or after | ||
November 8, 2016. | ||
(2) Prior to the issuance of the bonds, the school | ||
board determines, by resolution, that (i) the projects as | ||
described in said proposition, relating to the building and | ||
equipping of one or more school buildings or additions to | ||
existing school buildings, are required as a result of the | ||
age and condition of the District's existing buildings and | ||
(ii) the issuance of bonds is authorized by a statute that | ||
exempts the debt incurred on the bonds from the district's | ||
statutory debt limitation. |
(3) The bonds are issued, in one or more issuances, not | ||
later than 5 years after the date of the referendum | ||
approving the issuance of the bonds, but the aggregate | ||
principal amount issued in all such bond issuances combined | ||
must not exceed $28,500,000. | ||
(4) The bonds are issued in accordance with this | ||
Article. | ||
(5) The proceeds of the bonds are used to accomplish | ||
only those projects approved by the voters at an election | ||
held on or after November 8, 2016. | ||
The debt incurred on any bonds issued under this subsection | ||
(p-120) and on any bonds
issued to refund or continue to refund | ||
such bonds shall not be considered indebtedness for
purposes of | ||
any statutory debt limitation. Bonds issued under this | ||
subsection (p-120) and any
bonds issued to refund or continue | ||
to refund such bonds must mature within not to exceed 25
years | ||
from their date, notwithstanding any other law, including | ||
Section 19-3 of this Code, to the
contrary. | ||
(p-125) In addition to all other authority to issue bonds, | ||
Hillsboro Community Unit School District 3 may issue bonds with | ||
an aggregate principal amount not to exceed
$34,500,000, but | ||
only if all the following conditions are met: | ||
(1) The voters of the district approve a proposition | ||
for the bond issuance at an election held on or after March | ||
15, 2016. | ||
(2) Prior to the issuance of the bonds, the school |
board determines, by resolution, that (i) altering, | ||
repairing, and equipping the high school | ||
agricultural/vocational building, demolishing the high | ||
school main, cafeteria, and gym buildings, building and | ||
equipping a school building, and improving sites are | ||
required as a result of the age and condition of the | ||
district's existing buildings and (ii) the issuance of | ||
bonds is authorized by a statute that exempts the debt | ||
incurred on the bonds from the district's statutory debt | ||
limitation. | ||
(3) The bonds are issued, in one or more issuances, not | ||
later than 5 years after the date of the referendum | ||
approving the issuance of the bonds, but the aggregate | ||
principal amount issued in all such bond issuances combined | ||
must not exceed $34,500,000. | ||
(4) The bonds are issued in accordance with this | ||
Article. | ||
(5) The proceeds of the bonds are used to accomplish | ||
only those projects approved by the voters at an election | ||
held on or after March 15, 2016. | ||
The debt incurred on any bonds issued under this subsection | ||
(p-125) and on any bonds
issued to refund or continue to refund | ||
such bonds shall not be considered indebtedness for
purposes of | ||
any statutory debt limitation. Bonds issued under this | ||
subsection (p-125) and any
bonds issued to refund or continue | ||
to refund such bonds must mature within not to exceed 25
years |
from their date, notwithstanding any other law, including | ||
Section 19-3 of this Code, to the
contrary. | ||
(p-130) In addition to all other authority to issue bonds, | ||
Waltham Community Consolidated School District 185 may incur | ||
indebtedness in an aggregate principal amount not to exceed | ||
$9,500,000 to build and equip a new school building and improve | ||
the site thereof, but only if all the following conditions are | ||
met: | ||
(1) A majority of the voters of the district voting on | ||
an advisory question voted in favor of the question | ||
regarding the use of funding sources to build a new school | ||
building without increasing property tax rates at the | ||
general election held on November 8, 2016. | ||
(2) Prior to incurring the debt, the school board | ||
enters into intergovernmental agreements with the City of | ||
LaSalle to pledge moneys in a special tax allocation fund | ||
associated with tax increment financing districts LaSalle | ||
I and LaSalle III and with the Village of Utica to pledge | ||
moneys in a special tax allocation fund associated with tax | ||
increment financing district Utica I for the purposes of | ||
repaying the debt issued pursuant to this subsection | ||
(p-130). Notwithstanding any other provision of law to the | ||
contrary, the intergovernmental agreement may extend these | ||
tax increment financing districts as necessary to ensure | ||
repayment of the debt. | ||
(3) Prior to incurring the debt, the school board |
determines, by resolution, that (i) the building and | ||
equipping of a new school building is required as a result | ||
of the age and condition of the district's existing | ||
buildings and (ii) the debt is authorized by a statute that | ||
exempts the debt from the district's statutory debt | ||
limitation. | ||
(4) The debt is incurred, in one or more issuances, not | ||
later than January 1, 2021, and the aggregate principal | ||
amount of debt issued in all such issuances combined must | ||
not exceed $9,500,000. | ||
The debt incurred under this subsection (p-130) and on any | ||
bonds issued to pay, refund, or continue to refund such debt | ||
shall not be considered indebtedness for purposes of any | ||
statutory debt limitation. Debt issued under this subsection | ||
(p-130) and any bonds issued to pay, refund, or continue to | ||
refund such debt must mature within not to exceed 25 years from | ||
their date, notwithstanding any other law, including Section | ||
19-11 of this Code and subsection (b) of Section 17 of the | ||
Local Government Debt Reform Act, to the contrary. | ||
(q) A school district must notify the State Board of | ||
Education prior to issuing any form of long-term or short-term | ||
debt that will result in outstanding debt that exceeds 75% of | ||
the debt limit specified in this Section or any other provision | ||
of law.
| ||
(Source: P.A. 99-78, eff. 7-20-15; 99-143, eff. 7-27-15; | ||
99-390, eff. 8-18-15; 99-642, eff. 7-28-16; 99-735, eff. |
8-5-16; 99-926, eff. 1-20-17; 100-531, eff. 9-22-17.) | ||
(Text of Section after amendment by P.A. 100-503 )
| ||
Sec. 19-1. Debt limitations of school districts.
| ||
(a) School districts shall not be subject to the provisions | ||
limiting their
indebtedness prescribed in the Local Government | ||
Debt Limitation Act.
| ||
No school districts maintaining grades K through 8 or 9 | ||
through 12
shall become indebted in any manner or for any | ||
purpose to an amount,
including existing indebtedness, in the | ||
aggregate exceeding 6.9% on the
value of the taxable property | ||
therein to be ascertained by the last assessment
for State and | ||
county taxes or, until January 1, 1983, if greater, the sum | ||
that
is produced by multiplying the school district's 1978 | ||
equalized assessed
valuation by the debt limitation percentage | ||
in effect on January 1, 1979,
previous to the incurring of such | ||
indebtedness.
| ||
No school districts maintaining grades K through 12 shall | ||
become
indebted in any manner or for any purpose to an amount, | ||
including
existing indebtedness, in the aggregate exceeding | ||
13.8% on the value of
the taxable property therein to be | ||
ascertained by the last assessment
for State and county taxes | ||
or, until January 1, 1983, if greater, the sum that
is produced | ||
by multiplying the school district's 1978 equalized assessed
| ||
valuation by the debt limitation percentage in effect on | ||
January 1, 1979,
previous to the incurring of such |
indebtedness.
| ||
No partial elementary unit district, as defined in Article | ||
11E of this Code, shall become indebted in any manner or for | ||
any purpose in an amount, including existing indebtedness, in | ||
the aggregate exceeding 6.9% of the value of the taxable | ||
property of the entire district, to be ascertained by the last | ||
assessment for State and county taxes, plus an amount, | ||
including existing indebtedness, in the aggregate exceeding | ||
6.9% of the value of the taxable property of that portion of | ||
the district included in the elementary and high school | ||
classification, to be ascertained by the last assessment for | ||
State and county taxes. Moreover, no partial elementary unit | ||
district, as defined in Article 11E of this Code, shall become | ||
indebted on account of bonds issued by the district for high | ||
school purposes in the aggregate exceeding 6.9% of the value of | ||
the taxable property of the entire district, to be ascertained | ||
by the last assessment for State and county taxes, nor shall | ||
the district become indebted on account of bonds issued by the | ||
district for elementary purposes in the aggregate exceeding | ||
6.9% of the value of the taxable property for that portion of | ||
the district included in the elementary and high school | ||
classification, to be ascertained by the last assessment for | ||
State and county taxes.
| ||
Notwithstanding the provisions of any other law to the | ||
contrary, in any
case in which the voters of a school district | ||
have approved a proposition
for the issuance of bonds of such |
school district at an election held prior
to January 1, 1979, | ||
and all of the bonds approved at such election have
not been | ||
issued, the debt limitation applicable to such school district
| ||
during the calendar year 1979 shall be computed by multiplying | ||
the value
of taxable property therein, including personal | ||
property, as ascertained
by the last assessment for State and | ||
county taxes, previous to the incurring
of such indebtedness, | ||
by the percentage limitation applicable to such school
district | ||
under the provisions of this subsection (a).
| ||
(a-5) After January 1, 2018, no school district may issue | ||
bonds under Sections 19-2 through 19-7 of this Code and rely on | ||
an exception to the debt limitations in this Section unless it | ||
has complied with the requirements of Section 21 of the Bond | ||
Issue Notification Act and the bonds have been approved by | ||
referendum. | ||
(b) Notwithstanding the debt limitation prescribed in | ||
subsection (a)
of this Section, additional indebtedness may be | ||
incurred in an amount
not to exceed the estimated cost of | ||
acquiring or improving school sites
or constructing and | ||
equipping additional building facilities under the
following | ||
conditions:
| ||
(1) Whenever the enrollment of students for the next | ||
school year is
estimated by the board of education to | ||
increase over the actual present
enrollment by not less | ||
than 35% or by not less than 200 students or the
actual | ||
present enrollment of students has increased over the |
previous
school year by not less than 35% or by not less | ||
than 200 students and
the board of education determines | ||
that additional school sites or
building facilities are | ||
required as a result of such increase in
enrollment; and
| ||
(2) When the Regional Superintendent of Schools having | ||
jurisdiction
over the school district and the State | ||
Superintendent of Education
concur in such enrollment | ||
projection or increase and approve the need
for such | ||
additional school sites or building facilities and the
| ||
estimated cost thereof; and
| ||
(3) When the voters in the school district approve a | ||
proposition for
the issuance of bonds for the purpose of | ||
acquiring or improving such
needed school sites or | ||
constructing and equipping such needed additional
building | ||
facilities at an election called and held for that purpose.
| ||
Notice of such an election shall state that the amount of | ||
indebtedness
proposed to be incurred would exceed the debt | ||
limitation otherwise
applicable to the school district. | ||
The ballot for such proposition
shall state what percentage | ||
of the equalized assessed valuation will be
outstanding in | ||
bonds if the proposed issuance of bonds is approved by
the | ||
voters; or
| ||
(4) Notwithstanding the provisions of paragraphs (1) | ||
through (3) of
this subsection (b), if the school board | ||
determines that additional
facilities are needed to | ||
provide a quality educational program and not
less than 2/3 |
of those voting in an election called by the school board
| ||
on the question approve the issuance of bonds for the | ||
construction of
such facilities, the school district may | ||
issue bonds for this
purpose; or
| ||
(5) Notwithstanding the provisions of paragraphs (1) | ||
through (3) of this
subsection (b), if (i) the school | ||
district has previously availed itself of the
provisions of | ||
paragraph (4) of this subsection (b) to enable it to issue | ||
bonds,
(ii) the voters of the school district have not | ||
defeated a proposition for the
issuance of bonds since the | ||
referendum described in paragraph (4) of this
subsection | ||
(b) was held, (iii) the school board determines that | ||
additional
facilities are needed to provide a quality | ||
educational program, and (iv) a
majority of those voting in | ||
an election called by the school board on the
question | ||
approve the issuance of bonds for the construction of such | ||
facilities,
the school district may issue bonds for this | ||
purpose.
| ||
In no event shall the indebtedness incurred pursuant to | ||
this
subsection (b) and the existing indebtedness of the school | ||
district
exceed 15% of the value of the taxable property | ||
therein to be
ascertained by the last assessment for State and | ||
county taxes, previous
to the incurring of such indebtedness | ||
or, until January 1, 1983, if greater,
the sum that is produced | ||
by multiplying the school district's 1978 equalized
assessed | ||
valuation by the debt limitation percentage in effect on |
January 1,
1979.
| ||
The indebtedness provided for by this subsection (b) shall | ||
be in
addition to and in excess of any other debt limitation.
| ||
(c) Notwithstanding the debt limitation prescribed in | ||
subsection (a)
of this Section, in any case in which a public | ||
question for the issuance
of bonds of a proposed school | ||
district maintaining grades kindergarten
through 12 received | ||
at least 60% of the valid ballots cast on the question at
an | ||
election held on or prior to November 8, 1994, and in which the | ||
bonds
approved at such election have not been issued, the | ||
school district pursuant to
the requirements of Section 11A-10 | ||
(now repealed) may issue the total amount of bonds approved
at | ||
such election for the purpose stated in the question.
| ||
(d) Notwithstanding the debt limitation prescribed in | ||
subsection (a)
of this Section, a school district that meets | ||
all the criteria set forth in
paragraphs (1) and (2) of this | ||
subsection (d) may incur an additional
indebtedness in an | ||
amount not to exceed $4,500,000, even though the amount of
the | ||
additional indebtedness authorized by this subsection (d), | ||
when incurred
and added to the aggregate amount of indebtedness | ||
of the district existing
immediately prior to the district | ||
incurring the additional indebtedness
authorized by this | ||
subsection (d), causes the aggregate indebtedness of the
| ||
district to exceed the debt limitation otherwise applicable to | ||
that district
under subsection (a):
| ||
(1) The additional indebtedness authorized by this |
subsection (d) is
incurred by the school district through | ||
the issuance of bonds under and in
accordance with Section | ||
17-2.11a for the purpose of replacing a school
building | ||
which, because of mine subsidence damage, has been closed | ||
as provided
in paragraph (2) of this subsection (d) or | ||
through the issuance of bonds under
and in accordance with | ||
Section 19-3 for the purpose of increasing the size of,
or | ||
providing for additional functions in, such replacement | ||
school buildings, or
both such purposes.
| ||
(2) The bonds issued by the school district as provided | ||
in paragraph (1)
above are issued for the purposes of | ||
construction by the school district of
a new school | ||
building pursuant to Section 17-2.11, to replace an | ||
existing
school building that, because of mine subsidence | ||
damage, is closed as of the
end of the 1992-93 school year | ||
pursuant to action of the regional
superintendent of | ||
schools of the educational service region in which the
| ||
district is located under Section 3-14.22 or are issued for | ||
the purpose of
increasing the size of, or providing for | ||
additional functions in, the new
school building being | ||
constructed to replace a school building closed as the
| ||
result of mine subsidence damage, or both such purposes.
| ||
(e) (Blank).
| ||
(f) Notwithstanding the provisions of subsection (a) of | ||
this Section or of
any other law, bonds in not to exceed the | ||
aggregate amount of $5,500,000 and
issued by a school district |
meeting the following criteria shall not be
considered | ||
indebtedness for purposes of any statutory limitation and may | ||
be
issued in an amount or amounts, including existing | ||
indebtedness, in excess of
any heretofore or hereafter imposed | ||
statutory limitation as to indebtedness:
| ||
(1) At the time of the sale of such bonds, the board of | ||
education of the
district shall have determined by | ||
resolution that the enrollment of students in
the district | ||
is projected to increase by not less than 7% during each of | ||
the
next succeeding 2 school years.
| ||
(2) The board of education shall also determine by | ||
resolution that the
improvements to be financed with the | ||
proceeds of the bonds are needed because
of the projected | ||
enrollment increases.
| ||
(3) The board of education shall also determine by | ||
resolution that the
projected increases in enrollment are | ||
the result of improvements made or
expected to be made to | ||
passenger rail facilities located in the school
district.
| ||
Notwithstanding the provisions of subsection (a) of this | ||
Section or of any other law, a school district that has availed | ||
itself of the provisions of this subsection (f) prior to July | ||
22, 2004 (the effective date of Public Act 93-799) may also | ||
issue bonds approved by referendum up to an amount, including | ||
existing indebtedness, not exceeding 25% of the equalized | ||
assessed value of the taxable property in the district if all | ||
of the conditions set forth in items (1), (2), and (3) of this |
subsection (f) are met.
| ||
(g) Notwithstanding the provisions of subsection (a) of | ||
this Section or any
other law, bonds in not to exceed an | ||
aggregate amount of 25% of the equalized
assessed value of the | ||
taxable property of a school district and issued by a
school | ||
district meeting the criteria in paragraphs (i) through (iv) of | ||
this
subsection shall not be considered indebtedness for | ||
purposes of any statutory
limitation and may be issued pursuant | ||
to resolution of the school board in an
amount or amounts, | ||
including existing indebtedness, in
excess of any statutory | ||
limitation of indebtedness heretofore or hereafter
imposed:
| ||
(i) The bonds are issued for the purpose of | ||
constructing a new high school
building to replace two | ||
adjacent existing buildings which together house a
single | ||
high school, each of which is more than 65 years old, and | ||
which together
are located on more than 10 acres and less | ||
than 11 acres of property.
| ||
(ii) At the time the resolution authorizing the | ||
issuance of the bonds is
adopted, the cost of constructing | ||
a new school building to replace the existing
school | ||
building is less than 60% of the cost of repairing the | ||
existing school
building.
| ||
(iii) The sale of the bonds occurs before July 1, 1997.
| ||
(iv) The school district issuing the bonds is a unit | ||
school district
located in a county of less than 70,000 and | ||
more than 50,000 inhabitants,
which has an average daily |
attendance of less than 1,500 and an equalized
assessed | ||
valuation of less than $29,000,000.
| ||
(h) Notwithstanding any other provisions of this Section or | ||
the
provisions of any other law, until January 1, 1998, a | ||
community unit school
district maintaining grades K through 12 | ||
may issue bonds up to an amount,
including existing | ||
indebtedness, not exceeding 27.6% of the equalized assessed
| ||
value of the taxable property in the district, if all of the | ||
following
conditions are met:
| ||
(i) The school district has an equalized assessed | ||
valuation for calendar
year 1995 of less than $24,000,000;
| ||
(ii) The bonds are issued for the capital improvement, | ||
renovation,
rehabilitation, or replacement of existing | ||
school buildings of the district,
all of which buildings | ||
were originally constructed not less than 40 years ago;
| ||
(iii) The voters of the district approve a proposition | ||
for the issuance of
the bonds at a referendum held after | ||
March 19, 1996; and
| ||
(iv) The bonds are issued pursuant to Sections 19-2 | ||
through 19-7 of this
Code.
| ||
(i) Notwithstanding any other provisions of this Section or | ||
the provisions
of any other law, until January 1, 1998, a | ||
community unit school district
maintaining grades K through 12 | ||
may issue bonds up to an amount, including
existing | ||
indebtedness, not exceeding 27% of the equalized assessed value | ||
of the
taxable property in the district, if all of the |
following conditions are met:
| ||
(i) The school district has an equalized assessed | ||
valuation for calendar
year 1995 of less than $44,600,000;
| ||
(ii) The bonds are issued for the capital improvement, | ||
renovation,
rehabilitation, or replacement
of existing | ||
school buildings of the district, all of which
existing | ||
buildings were originally constructed not less than 80 | ||
years ago;
| ||
(iii) The voters of the district approve a proposition | ||
for the issuance of
the bonds at a referendum held after | ||
December 31, 1996; and
| ||
(iv) The bonds are issued pursuant to Sections 19-2 | ||
through 19-7 of this
Code.
| ||
(j) Notwithstanding any other provisions of this Section or | ||
the
provisions of any other law, until January 1, 1999, a | ||
community unit school
district maintaining grades K through 12 | ||
may issue bonds up to an amount,
including existing | ||
indebtedness, not exceeding 27% of the equalized assessed
value | ||
of the taxable property in the district if all of the following
| ||
conditions are met:
| ||
(i) The school district has an equalized assessed | ||
valuation for calendar
year 1995 of less than $140,000,000 | ||
and a best 3 months
average daily
attendance for the | ||
1995-96 school year of at least 2,800;
| ||
(ii) The bonds are issued to purchase a site and build | ||
and equip a new
high school, and the school district's |
existing high school was originally
constructed not less | ||
than 35
years prior to the sale of the bonds;
| ||
(iii) At the time of the sale of the bonds, the board | ||
of education
determines
by resolution that a new high | ||
school is needed because of projected enrollment
| ||
increases;
| ||
(iv) At least 60% of those voting in an election held
| ||
after December 31, 1996 approve a proposition
for the | ||
issuance of
the bonds; and
| ||
(v) The bonds are issued pursuant to Sections 19-2 | ||
through
19-7 of this Code.
| ||
(k) Notwithstanding the debt limitation prescribed in | ||
subsection (a) of
this Section, a school district that meets | ||
all the criteria set forth in
paragraphs (1) through (4) of | ||
this subsection (k) may issue bonds to incur an
additional | ||
indebtedness in an amount not to exceed $4,000,000 even though | ||
the
amount of the additional indebtedness authorized by this | ||
subsection (k), when
incurred and added to the aggregate amount | ||
of indebtedness of the school
district existing immediately | ||
prior to the school district incurring such
additional | ||
indebtedness, causes the aggregate indebtedness of the school
| ||
district to exceed or increases the amount by which the | ||
aggregate indebtedness
of the district already exceeds the debt | ||
limitation otherwise applicable to
that school district under | ||
subsection (a):
| ||
(1) the school district is located in 2 counties, and a |
referendum to
authorize the additional indebtedness was | ||
approved by a majority of the voters
of the school district | ||
voting on the proposition to authorize that
indebtedness;
| ||
(2) the additional indebtedness is for the purpose of | ||
financing a
multi-purpose room addition to the existing | ||
high school;
| ||
(3) the additional indebtedness, together with the | ||
existing indebtedness
of the school district, shall not | ||
exceed 17.4% of the value of the taxable
property in the | ||
school district, to be ascertained by the last assessment | ||
for
State and county taxes; and
| ||
(4) the bonds evidencing the additional indebtedness | ||
are issued, if at
all, within 120 days of August 14, 1998 | ||
(the effective date of Public Act 90-757).
| ||
(l) Notwithstanding any other provisions of this Section or | ||
the
provisions of any other law, until January 1, 2000, a | ||
school district
maintaining grades kindergarten through 8 may | ||
issue bonds up to an amount,
including existing indebtedness, | ||
not exceeding 15% of the equalized assessed
value of the | ||
taxable property in the district if all of the following
| ||
conditions are met:
| ||
(i) the district has an equalized assessed valuation | ||
for calendar year
1996 of less than $10,000,000;
| ||
(ii) the bonds are issued for capital improvement, | ||
renovation,
rehabilitation, or replacement of one or more | ||
school buildings of the district,
which buildings were |
originally constructed not less than 70 years ago;
| ||
(iii) the voters of the district approve a proposition | ||
for the issuance of
the bonds at a referendum held on or | ||
after March 17, 1998; and
| ||
(iv) the bonds are issued pursuant to Sections 19-2 | ||
through 19-7 of this
Code.
| ||
(m) Notwithstanding any other provisions of this Section or | ||
the provisions
of
any other law, until January 1, 1999, an | ||
elementary school district maintaining
grades K through 8 may | ||
issue bonds up to an amount, excluding existing
indebtedness, | ||
not exceeding 18% of the equalized assessed value of the | ||
taxable
property in the district, if all of the following | ||
conditions are met:
| ||
(i) The school district has an equalized assessed | ||
valuation for calendar
year 1995 or less than $7,700,000;
| ||
(ii) The school district operates 2 elementary | ||
attendance centers that
until
1976 were operated as the | ||
attendance centers of 2 separate and distinct school
| ||
districts;
| ||
(iii) The bonds are issued for the construction of a | ||
new elementary school
building to replace an existing | ||
multi-level elementary school building of the
school | ||
district that is not accessible at all levels and parts of
| ||
which were constructed more than 75 years ago;
| ||
(iv) The voters of the school district approve a | ||
proposition for the
issuance of the bonds at a referendum |
held after July 1, 1998; and
| ||
(v) The bonds are issued pursuant to Sections 19-2 | ||
through 19-7 of this
Code.
| ||
(n) Notwithstanding the debt limitation prescribed in | ||
subsection (a) of
this Section or any other provisions of this | ||
Section or of any other law, a
school district that meets all | ||
of the criteria set forth in paragraphs (i)
through (vi) of | ||
this subsection (n) may incur additional indebtedness by the
| ||
issuance of bonds in an amount not exceeding the amount | ||
certified by the
Capital Development Board to the school | ||
district as provided in paragraph (iii)
of
this subsection (n), | ||
even though the amount of the additional indebtedness so
| ||
authorized, when incurred and added to the aggregate amount of | ||
indebtedness of
the district existing immediately prior to the | ||
district incurring the
additional indebtedness authorized by | ||
this subsection (n), causes the aggregate
indebtedness of the | ||
district to exceed the debt limitation otherwise applicable
by | ||
law to that district:
| ||
(i) The school district applies to the State Board of | ||
Education for a
school construction project grant and | ||
submits a district facilities plan in
support
of its | ||
application pursuant to Section 5-20 of
the School | ||
Construction Law.
| ||
(ii) The school district's application and facilities | ||
plan are approved
by,
and the district receives a grant | ||
entitlement for a school construction project
issued by, |
the State Board of Education under the School Construction | ||
Law.
| ||
(iii) The school district has exhausted its bonding | ||
capacity or the unused
bonding capacity of the district is | ||
less than the amount certified by the
Capital Development | ||
Board to the district under Section 5-15 of the School
| ||
Construction Law as the dollar amount of the school | ||
construction project's cost
that the district will be | ||
required to finance with non-grant funds in order to
| ||
receive a school construction project grant under the | ||
School Construction Law.
| ||
(iv) The bonds are issued for a "school construction | ||
project", as that
term is defined in Section 5-5 of the | ||
School Construction Law, in an amount
that does not exceed | ||
the dollar amount certified, as provided in paragraph
(iii) | ||
of this subsection (n), by the Capital Development Board
to | ||
the school
district under Section 5-15 of the School | ||
Construction Law.
| ||
(v) The voters of the district approve a proposition | ||
for the issuance of
the bonds at a referendum held after | ||
the criteria specified in paragraphs (i)
and (iii) of this | ||
subsection (n) are met.
| ||
(vi) The bonds are issued pursuant to Sections 19-2 | ||
through 19-7 of the
School Code.
| ||
(o) Notwithstanding any other provisions of this Section or | ||
the
provisions of any other law, until November 1, 2007, a |
community unit
school district maintaining grades K through 12 | ||
may issue bonds up to
an amount, including existing | ||
indebtedness, not exceeding 20% of the
equalized assessed value | ||
of the taxable property in the district if all of the
following | ||
conditions are met:
| ||
(i) the school district has an equalized assessed | ||
valuation
for calendar year 2001 of at least $737,000,000 | ||
and an enrollment
for the 2002-2003 school year of at least | ||
8,500;
| ||
(ii) the bonds are issued to purchase school sites, | ||
build and
equip a new high school, build and equip a new | ||
junior high school,
build and equip 5 new elementary | ||
schools, and make technology
and other improvements and | ||
additions to existing schools;
| ||
(iii) at the time of the sale of the bonds, the board | ||
of
education determines by resolution that the sites and | ||
new or
improved facilities are needed because of projected | ||
enrollment
increases;
| ||
(iv) at least 57% of those voting in a general election | ||
held
prior to January 1, 2003 approved a proposition for | ||
the issuance of
the bonds; and
| ||
(v) the bonds are issued pursuant to Sections 19-2 | ||
through
19-7 of this Code.
| ||
(p) Notwithstanding any other provisions of this Section or | ||
the provisions of any other law, a community unit school | ||
district maintaining grades K through 12 may issue bonds up to |
an amount, including indebtedness, not exceeding 27% of the | ||
equalized assessed value of the taxable property in the | ||
district if all of the following conditions are met: | ||
(i) The school district has an equalized assessed | ||
valuation for calendar year 2001 of at least $295,741,187 | ||
and a best 3 months' average daily attendance for the | ||
2002-2003 school year of at least 2,394. | ||
(ii) The bonds are issued to build and equip 3 | ||
elementary school buildings; build and equip one middle | ||
school building; and alter, repair, improve, and equip all | ||
existing school buildings in the district. | ||
(iii) At the time of the sale of the bonds, the board | ||
of education determines by resolution that the project is | ||
needed because of expanding growth in the school district | ||
and a projected enrollment increase. | ||
(iv) The bonds are issued pursuant to Sections 19-2 | ||
through 19-7 of this Code.
| ||
(p-5) Notwithstanding any other provisions of this Section | ||
or the provisions of any other law, bonds issued by a community | ||
unit school district maintaining grades K through 12 shall not | ||
be considered indebtedness for purposes of any statutory | ||
limitation and may be issued in an amount or amounts, including | ||
existing indebtedness, in excess of any heretofore or hereafter | ||
imposed statutory limitation as to indebtedness, if all of the | ||
following conditions are met: | ||
(i) For each of the 4 most recent years, residential |
property comprises more than 80% of the equalized assessed | ||
valuation of the district. | ||
(ii) At least 2 school buildings that were constructed | ||
40 or more years prior to the issuance of the bonds will be | ||
demolished and will be replaced by new buildings or | ||
additions to one or more existing buildings. | ||
(iii) Voters of the district approve a proposition for | ||
the issuance of the bonds at a regularly scheduled | ||
election. | ||
(iv) At the time of the sale of the bonds, the school | ||
board determines by resolution that the new buildings or | ||
building additions are needed because of an increase in | ||
enrollment projected by the school board. | ||
(v) The principal amount of the bonds, including | ||
existing indebtedness, does not exceed 25% of the equalized | ||
assessed value of the taxable property in the district. | ||
(vi) The bonds are issued prior to January 1, 2007, | ||
pursuant to Sections 19-2 through 19-7 of this Code.
| ||
(p-10) Notwithstanding any other provisions of this | ||
Section or the provisions of any other law, bonds issued by a | ||
community consolidated school district maintaining grades K | ||
through 8 shall not be considered indebtedness for purposes of | ||
any statutory limitation and may be issued in an amount or | ||
amounts, including existing indebtedness, in excess of any | ||
heretofore or hereafter imposed statutory limitation as to | ||
indebtedness, if all of the following conditions are met: |
(i) For each of the 4 most recent years, residential | ||
and farm property comprises more than 80% of the equalized | ||
assessed valuation of the district. | ||
(ii) The bond proceeds are to be used to acquire and | ||
improve school sites and build and equip a school building. | ||
(iii) Voters of the district approve a proposition for | ||
the issuance of the bonds at a regularly scheduled | ||
election. | ||
(iv) At the time of the sale of the bonds, the school | ||
board determines by resolution that the school sites and | ||
building additions are needed because of an increase in | ||
enrollment projected by the school board. | ||
(v) The principal amount of the bonds, including | ||
existing indebtedness, does not exceed 20% of the equalized | ||
assessed value of the taxable property in the district. | ||
(vi) The bonds are issued prior to January 1, 2007, | ||
pursuant to Sections 19-2 through 19-7 of this Code.
| ||
(p-15) In addition to all other authority to issue bonds, | ||
the Oswego Community Unit School District Number 308 may issue | ||
bonds with an aggregate principal amount not to exceed | ||
$450,000,000, but only if all of the following conditions are | ||
met: | ||
(i) The voters of the district have approved a | ||
proposition for the bond issue at the general election held | ||
on November 7, 2006. | ||
(ii) At the time of the sale of the bonds, the school |
board determines, by resolution, that: (A) the building and | ||
equipping of the new high school building, new junior high | ||
school buildings, new elementary school buildings, early | ||
childhood building, maintenance building, transportation | ||
facility, and additions to existing school buildings, the | ||
altering, repairing, equipping, and provision of | ||
technology improvements to existing school buildings, and | ||
the acquisition and improvement of school sites, as the | ||
case may be, are required as a result of a projected | ||
increase in the enrollment of students in the district; and | ||
(B) the sale of bonds for these purposes is authorized by | ||
legislation that exempts the debt incurred on the bonds | ||
from the district's statutory debt limitation.
| ||
(iii) The bonds are issued, in one or more bond issues, | ||
on or before November 7, 2011, but the aggregate principal | ||
amount issued in all such bond issues combined must not | ||
exceed $450,000,000.
| ||
(iv) The bonds are issued in accordance with this | ||
Article 19. | ||
(v) The proceeds of the bonds are used only to | ||
accomplish those projects approved by the voters at the | ||
general election held on November 7, 2006. | ||
The debt incurred on any bonds issued under this subsection | ||
(p-15) shall not be considered indebtedness for purposes of any | ||
statutory debt limitation.
| ||
(p-20) In addition to all other authority to issue bonds, |
the Lincoln-Way Community High School District Number 210 may | ||
issue bonds with an aggregate principal amount not to exceed | ||
$225,000,000, but only if all of the following conditions are | ||
met: | ||
(i) The voters of the district have approved a | ||
proposition for the bond issue at the general primary | ||
election held on March 21, 2006. | ||
(ii) At the time of the sale of the bonds, the school | ||
board determines, by resolution, that: (A) the building and | ||
equipping of the new high school buildings, the altering, | ||
repairing, and equipping of existing school buildings, and | ||
the improvement of school sites, as the case may be, are | ||
required as a result of a projected increase in the | ||
enrollment of students in the district; and (B) the sale of | ||
bonds for these purposes is authorized by legislation that | ||
exempts the debt incurred on the bonds from the district's | ||
statutory debt limitation.
| ||
(iii) The bonds are issued, in one or more bond issues, | ||
on or before March 21, 2011, but the aggregate principal | ||
amount issued in all such bond issues combined must not | ||
exceed $225,000,000.
| ||
(iv) The bonds are issued in accordance with this | ||
Article 19. | ||
(v) The proceeds of the bonds are used only to | ||
accomplish those projects approved by the voters at the | ||
primary election held on March 21, 2006. |
The debt incurred on any bonds issued under this subsection | ||
(p-20) shall not be considered indebtedness for purposes of any | ||
statutory debt limitation.
| ||
(p-25) In addition to all other authority to issue bonds, | ||
Rochester Community Unit School District 3A may issue bonds | ||
with an aggregate principal amount not to exceed $18,500,000, | ||
but only if all of the following conditions are met: | ||
(i) The voters of the district approve a proposition | ||
for the bond issuance at the general primary election held | ||
in 2008.
| ||
(ii) At the time of the sale of the bonds, the school | ||
board determines, by resolution, that: (A) the building and | ||
equipping of a new high school building; the addition of | ||
classrooms and support facilities at the high school, | ||
middle school, and elementary school; the altering, | ||
repairing, and equipping of existing school buildings; and | ||
the improvement of school sites, as the case may be, are | ||
required as a result of a projected increase in the | ||
enrollment of students in the district; and (B) the sale of | ||
bonds for these purposes is authorized by a law that | ||
exempts the debt incurred on the bonds from the district's | ||
statutory debt limitation. | ||
(iii) The bonds are issued, in one or more bond issues, | ||
on or before December 31, 2012, but the aggregate principal | ||
amount issued in all such bond issues combined must not | ||
exceed $18,500,000. |
(iv) The bonds are issued in accordance with this | ||
Article 19. | ||
(v) The proceeds of the bonds are used to accomplish | ||
only those projects approved by the voters at the primary | ||
election held in 2008.
| ||
The debt incurred on any bonds issued under this subsection | ||
(p-25) shall not be considered indebtedness for purposes of any | ||
statutory debt limitation.
| ||
(p-30) In addition to all other authority to issue bonds, | ||
Prairie Grove Consolidated School District 46 may issue bonds | ||
with an aggregate principal amount not to exceed $30,000,000, | ||
but only if all of the following conditions are met:
| ||
(i) The voters of the district approve a proposition | ||
for the bond issuance at an election held in 2008.
| ||
(ii) At the time of the sale of the bonds, the school | ||
board determines, by resolution, that (A) the building and | ||
equipping of a new school building and additions to | ||
existing school buildings are required as a result of a | ||
projected increase in the enrollment of students in the | ||
district and (B) the altering, repairing, and equipping of | ||
existing school buildings are required because of the age | ||
of the existing school buildings.
| ||
(iii) The bonds are issued, in one or more bond | ||
issuances, on or before December 31, 2012; however, the | ||
aggregate principal amount issued in all such bond | ||
issuances combined must not exceed $30,000,000.
|
(iv) The bonds are issued in accordance with this | ||
Article.
| ||
(v) The proceeds of the bonds are used to accomplish | ||
only those projects approved by the voters at an election | ||
held in 2008.
| ||
The debt incurred on any bonds issued under this subsection | ||
(p-30) shall not be considered indebtedness for purposes of any | ||
statutory debt limitation.
| ||
(p-35) In addition to all other authority to issue bonds, | ||
Prairie Hill Community Consolidated School District 133 may | ||
issue bonds with an aggregate principal amount not to exceed | ||
$13,900,000, but only if all of the following conditions are | ||
met:
| ||
(i) The voters of the district approved a proposition | ||
for the bond issuance at an election held on April 17, | ||
2007.
| ||
(ii) At the time of the sale of the bonds, the school | ||
board determines, by resolution, that (A) the improvement | ||
of the site of and the building and equipping of a school | ||
building are required as a result of a projected increase | ||
in the enrollment of students in the district and (B) the | ||
repairing and equipping of the Prairie Hill Elementary | ||
School building is required because of the age of that | ||
school building.
| ||
(iii) The bonds are issued, in one or more bond | ||
issuances, on or before December 31, 2011, but the |
aggregate principal amount issued in all such bond | ||
issuances combined must not exceed $13,900,000.
| ||
(iv) The bonds are issued in accordance with this | ||
Article.
| ||
(v) The proceeds of the bonds are used to accomplish | ||
only those projects approved by the voters at an election | ||
held on April 17, 2007.
| ||
The debt incurred on any bonds issued under this subsection | ||
(p-35) shall not be considered indebtedness for purposes of any | ||
statutory debt limitation.
| ||
(p-40) In addition to all other authority to issue bonds, | ||
Mascoutah Community Unit District 19 may issue bonds with an | ||
aggregate principal amount not to exceed $55,000,000, but only | ||
if all of the following conditions are met: | ||
(1) The voters of the district approve a proposition | ||
for the bond issuance at a regular election held on or | ||
after November 4, 2008. | ||
(2) At the time of the sale of the bonds, the school | ||
board determines, by resolution, that (i) the building and | ||
equipping of a new high school building is required as a | ||
result of a projected increase in the enrollment of | ||
students in the district and the age and condition of the | ||
existing high school building, (ii) the existing high | ||
school building will be demolished, and (iii) the sale of | ||
bonds is authorized by statute that exempts the debt | ||
incurred on the bonds from the district's statutory debt |
limitation. | ||
(3) The bonds are issued, in one or more bond | ||
issuances, on or before December 31, 2011, but the | ||
aggregate principal amount issued in all such bond | ||
issuances combined must not exceed $55,000,000. | ||
(4) The bonds are issued in accordance with this | ||
Article. | ||
(5) The proceeds of the bonds are used to accomplish | ||
only those projects approved by the voters at a regular | ||
election held on or after November 4, 2008. | ||
The debt incurred on any bonds issued under this subsection | ||
(p-40) shall not be considered indebtedness for purposes of any | ||
statutory debt limitation. | ||
(p-45) Notwithstanding the provisions of subsection (a) of | ||
this Section or of any other law, bonds issued pursuant to | ||
Section 19-3.5 of this Code shall not be considered | ||
indebtedness for purposes of any statutory limitation if the | ||
bonds are issued in an amount or amounts, including existing | ||
indebtedness of the school district, not in excess of 18.5% of | ||
the value of the taxable property in the district to be | ||
ascertained by the last assessment for State and county taxes. | ||
(p-50) Notwithstanding the provisions of subsection (a) of
| ||
this Section or of any other law, bonds issued pursuant to
| ||
Section 19-3.10 of this Code shall not be considered
| ||
indebtedness for purposes of any statutory limitation if the
| ||
bonds are issued in an amount or amounts, including existing
|
indebtedness of the school district, not in excess of 43% of
| ||
the value of the taxable property in the district to be
| ||
ascertained by the last assessment for State and county taxes. | ||
(p-55) In addition to all other authority to issue bonds, | ||
Belle Valley School District 119 may issue bonds with an | ||
aggregate principal amount not to exceed $47,500,000, but only | ||
if all of the following conditions are met: | ||
(1) The voters of the district approve a proposition | ||
for the bond issuance at an election held on or after April | ||
7, 2009. | ||
(2) Prior to the issuance of the bonds, the school | ||
board determines, by resolution, that (i) the building and | ||
equipping of a new school building is required as a result | ||
of mine subsidence in an existing school building and | ||
because of the age and condition of another existing school | ||
building and (ii) the issuance of bonds is authorized by | ||
statute that exempts the debt incurred on the bonds from | ||
the district's statutory debt limitation. | ||
(3) The bonds are issued, in one or more bond | ||
issuances, on or before March 31, 2014, but the aggregate | ||
principal amount issued in all such bond issuances combined | ||
must not exceed $47,500,000. | ||
(4) The bonds are issued in accordance with this | ||
Article. | ||
(5) The proceeds of the bonds are used to accomplish | ||
only those projects approved by the voters at an election |
held on or after April 7, 2009. | ||
The debt incurred on any bonds issued under this subsection | ||
(p-55) shall not be considered indebtedness for purposes of any | ||
statutory debt limitation. Bonds issued under this subsection | ||
(p-55) must mature within not to exceed 30 years from their | ||
date, notwithstanding any other law to the contrary. | ||
(p-60) In addition to all other authority to issue bonds, | ||
Wilmington Community Unit School District Number 209-U may | ||
issue bonds with an aggregate principal amount not to exceed | ||
$2,285,000, but only if all of the following conditions are | ||
met: | ||
(1) The proceeds of the bonds are used to accomplish | ||
only those projects approved by the voters at the general | ||
primary election held on March 21, 2006. | ||
(2) Prior to the issuance of the bonds, the school | ||
board determines, by resolution, that (i) the projects | ||
approved by the voters were and are required because of the | ||
age and condition of the school district's prior and | ||
existing school buildings and (ii) the issuance of the | ||
bonds is authorized by legislation that exempts the debt | ||
incurred on the bonds from the district's statutory debt | ||
limitation. | ||
(3) The bonds are issued in one or more bond issuances | ||
on or before March 1, 2011, but the aggregate principal | ||
amount issued in all those bond issuances combined must not | ||
exceed $2,285,000. |
(4) The bonds are issued in accordance with this | ||
Article. | ||
The debt incurred on any bonds issued under this subsection | ||
(p-60) shall not be considered indebtedness for purposes of any | ||
statutory debt limitation. | ||
(p-65) In addition to all other authority to issue bonds, | ||
West Washington County Community Unit School District 10 may | ||
issue bonds with an aggregate principal amount not to exceed | ||
$32,200,000 and maturing over a period not exceeding 25 years, | ||
but only if all of the following conditions are met: | ||
(1) The voters of the district approve a proposition | ||
for the bond issuance at an election held on or after | ||
February 2, 2010. | ||
(2) Prior to the issuance of the bonds, the school | ||
board determines, by resolution, that (A) all or a portion | ||
of the existing Okawville Junior/Senior High School | ||
Building will be demolished; (B) the building and equipping | ||
of a new school building to be attached to and the | ||
alteration, repair, and equipping of the remaining portion | ||
of the Okawville Junior/Senior High School Building is | ||
required because of the age and current condition of that | ||
school building; and (C) the issuance of bonds is | ||
authorized by a statute that exempts the debt incurred on | ||
the bonds from the district's statutory debt limitation. | ||
(3) The bonds are issued, in one or more bond | ||
issuances, on or before March 31, 2014, but the aggregate |
principal amount issued in all such bond issuances combined | ||
must not exceed $32,200,000. | ||
(4) The bonds are issued in accordance with this | ||
Article. | ||
(5) The proceeds of the bonds are used to accomplish | ||
only those projects approved by the voters at an election | ||
held on or after February 2, 2010. | ||
The debt incurred on any bonds issued under this subsection | ||
(p-65) shall not be considered indebtedness for purposes of any | ||
statutory debt limitation. | ||
(p-70) In addition to all other authority to issue bonds, | ||
Cahokia Community Unit School District 187 may issue bonds with | ||
an aggregate principal amount not to exceed $50,000,000, but | ||
only if all the following conditions are met: | ||
(1) The voters of the district approve a proposition | ||
for the bond issuance at an election held on or after | ||
November 2, 2010. | ||
(2) Prior to the issuance of the bonds, the school | ||
board determines, by resolution, that (i) the building and | ||
equipping of a new school building is required as a result | ||
of the age and condition of an existing school building and | ||
(ii) the issuance of bonds is authorized by a statute that | ||
exempts the debt incurred on the bonds from the district's | ||
statutory debt limitation. | ||
(3) The bonds are issued, in one or more issuances, on | ||
or before July 1, 2016, but the aggregate principal amount |
issued in all such bond issuances combined must not exceed | ||
$50,000,000. | ||
(4) The bonds are issued in accordance with this | ||
Article. | ||
(5) The proceeds of the bonds are used to accomplish | ||
only those projects approved by the voters at an election | ||
held on or after November 2, 2010. | ||
The debt incurred on any bonds issued under this subsection | ||
(p-70) shall not be considered indebtedness for purposes of any | ||
statutory debt limitation. Bonds issued under this subsection | ||
(p-70) must mature within not to exceed 25 years from their | ||
date, notwithstanding any other law, including Section 19-3 of | ||
this Code, to the contrary. | ||
(p-75) Notwithstanding the debt limitation prescribed in | ||
subsection (a) of this Section
or any other provisions of this | ||
Section or of any other law, the execution of leases on or
| ||
after January 1, 2007 and before July 1, 2011 by the Board of | ||
Education of Peoria School District 150 with a public building | ||
commission for leases entered into pursuant to the Public
| ||
Building Commission Act shall not be considered indebtedness | ||
for purposes of any
statutory debt limitation. | ||
This subsection (p-75) applies only if the State Board of | ||
Education or the Capital Development Board makes one or more | ||
grants to Peoria School District 150 pursuant to the School | ||
Construction Law. The amount exempted from the debt limitation | ||
as prescribed in this subsection (p-75) shall be no greater |
than the amount of one or more grants awarded to Peoria School | ||
District 150 by the State Board of Education or the Capital | ||
Development Board. | ||
(p-80) In addition to all other authority to issue bonds, | ||
Ridgeland School District 122 may issue bonds with an aggregate | ||
principal amount not to exceed $50,000,000 for the purpose of | ||
refunding or continuing to refund bonds originally issued | ||
pursuant to voter approval at the general election held on | ||
November 7, 2000, and the debt incurred on any bonds issued | ||
under this subsection (p-80) shall not be considered | ||
indebtedness for purposes of any statutory debt limitation. | ||
Bonds issued under this subsection (p-80) may be issued in one | ||
or more issuances and must mature within not to exceed 25 years | ||
from their date, notwithstanding any other law, including | ||
Section 19-3 of this Code, to the contrary. | ||
(p-85) In addition to all other authority to issue bonds, | ||
Hall High School District 502 may issue bonds with an aggregate | ||
principal amount not to exceed $32,000,000, but only if all the | ||
following conditions are met: | ||
(1) The voters of the district approve a proposition
| ||
for the bond issuance at an election held on or after April | ||
9, 2013. | ||
(2) Prior to the issuance of the bonds, the school
| ||
board determines, by resolution, that (i) the building and | ||
equipping of a new school building is required as a result | ||
of the age and condition of an existing school building, |
(ii) the existing school building should be demolished in | ||
its entirety or the existing school building should be | ||
demolished except for the 1914 west wing of the building, | ||
and (iii) the issuance of bonds is authorized by a statute | ||
that exempts the debt incurred on the bonds from the | ||
district's statutory debt limitation. | ||
(3) The bonds are issued, in one or more issuances, not | ||
later than 5 years after the date of the referendum | ||
approving the issuance of the bonds, but the aggregate | ||
principal amount issued in all such bond issuances combined | ||
must not exceed $32,000,000. | ||
(4) The bonds are issued in accordance with this
| ||
Article. | ||
(5) The proceeds of the bonds are used to accomplish
| ||
only those projects approved by the voters at an election | ||
held on or after April 9, 2013. | ||
The debt incurred on any bonds issued under this subsection | ||
(p-85) shall not be considered indebtedness for purposes of any | ||
statutory debt limitation. Bonds issued under this subsection | ||
(p-85) must mature within not to exceed 30 years from their | ||
date, notwithstanding any other law, including Section 19-3 of | ||
this Code, to the contrary. | ||
(p-90) In addition to all other authority to issue bonds, | ||
Lebanon Community Unit School District 9 may issue bonds with | ||
an aggregate principal amount not to exceed $7,500,000, but | ||
only if all of the following conditions are met: |
(1) The voters of the district approved a proposition | ||
for the bond issuance at the general primary election on | ||
February 2, 2010. | ||
(2) At or prior to the time of the sale of the bonds, | ||
the school board determines, by resolution, that (i) the | ||
building and equipping of a new elementary school building | ||
is required as a result of a projected increase in the | ||
enrollment of students in the district and the age and | ||
condition of the existing Lebanon Elementary School | ||
building, (ii) a portion of the existing Lebanon Elementary | ||
School building will be demolished and the remaining | ||
portion will be altered, repaired, and equipped, and (iii) | ||
the sale of bonds is authorized by a statute that exempts | ||
the debt incurred on the bonds from the district's | ||
statutory debt limitation. | ||
(3) The bonds are issued, in one or more bond | ||
issuances, on or before April 1, 2014, but the aggregate | ||
principal amount issued in all such bond issuances combined | ||
must not exceed $7,500,000. | ||
(4) The bonds are issued in accordance with this | ||
Article. | ||
(5) The proceeds of the bonds are used to accomplish | ||
only those projects approved by the voters at the general | ||
primary election held on February 2, 2010. | ||
The debt incurred on any bonds issued under this subsection | ||
(p-90) shall not be considered indebtedness for purposes of any |
statutory debt limitation. | ||
(p-95) In addition to all other authority to issue bonds, | ||
Monticello Community Unit School District 25 may issue bonds | ||
with an aggregate principal amount not to exceed $35,000,000, | ||
but only if all of the following conditions are met: | ||
(1) The voters of the district approve a proposition | ||
for the bond issuance at an election held on or after | ||
November 4, 2014. | ||
(2) Prior to the issuance of the bonds, the school | ||
board determines, by resolution, that (i) the building and | ||
equipping of a new school building is required as a result | ||
of the age and condition of an existing school building and | ||
(ii) the issuance of bonds is authorized by a statute that | ||
exempts the debt incurred on the bonds from the district's | ||
statutory debt limitation. | ||
(3) The bonds are issued, in one or more issuances, on | ||
or before July 1, 2020, but the aggregate principal amount | ||
issued in all such bond issuances combined must not exceed | ||
$35,000,000. | ||
(4) The bonds are issued in accordance with this | ||
Article. | ||
(5) The proceeds of the bonds are used to accomplish | ||
only those projects approved by the voters at an election | ||
held on or after November 4, 2014. | ||
The debt incurred on any bonds issued under this subsection | ||
(p-95) shall not be considered indebtedness for purposes of any |
statutory debt limitation. Bonds issued under this subsection | ||
(p-95) must mature within not to exceed 25 years from their | ||
date, notwithstanding any other law, including Section 19-3 of | ||
this Code, to the contrary. | ||
(p-100) In addition to all other authority to issue bonds, | ||
the community unit school district created in the territory | ||
comprising Milford Community Consolidated School District 280 | ||
and Milford Township High School District 233, as approved at | ||
the general primary election held on March 18, 2014, may issue | ||
bonds with an aggregate principal amount not to exceed | ||
$17,500,000, but only if all the following conditions are met: | ||
(1) The voters of the district approve a proposition | ||
for the bond issuance at an election held on or after | ||
November 4, 2014. | ||
(2) Prior to the issuance of the bonds, the school | ||
board determines, by resolution, that (i) the building and | ||
equipping of a new school building is required as a result | ||
of the age and condition of an existing school building and | ||
(ii) the issuance of bonds is authorized by a statute that | ||
exempts the debt incurred on the bonds from the district's | ||
statutory debt limitation. | ||
(3) The bonds are issued, in one or more issuances, on | ||
or before July 1, 2020, but the aggregate principal amount | ||
issued in all such bond issuances combined must not exceed | ||
$17,500,000. | ||
(4) The bonds are issued in accordance with this |
Article. | ||
(5) The proceeds of the bonds are used to accomplish | ||
only those projects approved by the voters at an election | ||
held on or after November 4, 2014. | ||
The debt incurred on any bonds issued under this subsection | ||
(p-100) shall not be considered indebtedness for purposes of | ||
any statutory debt limitation. Bonds issued under this | ||
subsection (p-100) must mature within not to exceed 25 years | ||
from their date, notwithstanding any other law, including | ||
Section 19-3 of this Code, to the contrary. | ||
(p-105) In addition to all other authority to issue bonds, | ||
North Shore School District 112 may issue bonds with an | ||
aggregate principal amount not to exceed $150,000,000, but only | ||
if all of the following conditions are met: | ||
(1) The voters of the district approve a proposition | ||
for the bond issuance at an election held on or after March | ||
15, 2016. | ||
(2) Prior to the issuance of the bonds, the school | ||
board determines, by resolution, that (i) the building and | ||
equipping of new buildings and improving the sites thereof | ||
and the building and equipping of additions to, altering, | ||
repairing, equipping, and renovating existing buildings | ||
and improving the sites thereof are required as a result of | ||
the age and condition of the district's existing buildings | ||
and (ii) the issuance of bonds is authorized by a statute | ||
that exempts the debt incurred on the bonds from the |
district's statutory debt limitation. | ||
(3) The bonds are issued, in one or more issuances, not | ||
later than 5 years after the date of the referendum | ||
approving the issuance of the bonds, but the aggregate | ||
principal amount issued in all such bond issuances combined | ||
must not exceed $150,000,000. | ||
(4) The bonds are issued in accordance with this | ||
Article. | ||
(5) The proceeds of the bonds are used to accomplish | ||
only those projects approved by the voters at an election | ||
held on or after March 15, 2016. | ||
The debt incurred on any bonds issued under this subsection | ||
(p-105) and on any bonds issued to refund or continue to refund | ||
such bonds shall not be considered indebtedness for purposes of | ||
any statutory debt limitation. Bonds issued under this | ||
subsection (p-105) and any bonds issued to refund or continue | ||
to refund such bonds must mature within not to exceed 30 years | ||
from their date, notwithstanding any other law, including | ||
Section 19-3 of this Code, to the contrary. | ||
(p-110) In addition to all other authority to issue bonds, | ||
Sandoval Community Unit School District 501 may issue bonds | ||
with an aggregate principal amount not to exceed $2,000,000, | ||
but only if all of the following conditions are met: | ||
(1) The voters of the district approved a proposition | ||
for the bond issuance at an election held on March 20, | ||
2012. |
(2) Prior to the issuance of the bonds, the school | ||
board determines, by resolution, that (i) the building and | ||
equipping of a new school building is required because of | ||
the age and current condition of the Sandoval Elementary | ||
School building and (ii) the issuance of bonds is | ||
authorized by a statute that exempts the debt incurred on | ||
the bonds from the district's statutory debt limitation. | ||
(3) The bonds are issued, in one or more bond | ||
issuances, on or before March 19, 2022, but the aggregate | ||
principal amount issued in all such bond issuances combined | ||
must not exceed $2,000,000. | ||
(4) The bonds are issued in accordance with this | ||
Article. | ||
(5) The proceeds of the bonds are used to accomplish | ||
only those projects approved by the voters at the election | ||
held on March 20, 2012. | ||
The debt incurred on any bonds issued under this subsection | ||
(p-110) and on any bonds issued to refund or continue to refund | ||
the bonds shall not be considered indebtedness for purposes of | ||
any statutory debt limitation. | ||
(p-115) In addition to all other authority to issue bonds, | ||
Bureau Valley Community Unit School District 340 may issue | ||
bonds with an aggregate principal amount not to exceed | ||
$25,000,000, but only if all of the following conditions are | ||
met: | ||
(1) The voters of the district approve a proposition |
for the bond issuance at an election held on or after March | ||
15, 2016. | ||
(2) Prior to the issuances of the bonds, the school | ||
board determines, by resolution, that (i) the renovating | ||
and equipping of some existing school buildings, the | ||
building and equipping of new school buildings, and the | ||
demolishing of some existing school buildings are required | ||
as a result of the age and condition of existing school | ||
buildings and (ii) the issuance of bonds is authorized by a | ||
statute that exempts the debt incurred on the bonds from | ||
the district's statutory debt limitation. | ||
(3) The bonds are issued, in one or more issuances, on | ||
or before July 1, 2021, but the aggregate principal amount | ||
issued in all such bond issuances combined must not exceed | ||
$25,000,000. | ||
(4) The bonds are issued in accordance with this | ||
Article. | ||
(5) The proceeds of the bonds are used to accomplish | ||
only those projects approved by the voters at an election | ||
held on or after March 15, 2016. | ||
The debt incurred on any bonds issued under this subsection | ||
(p-115) shall not be considered indebtedness for purposes of | ||
any statutory debt limitation. Bonds issued under this | ||
subsection (p-115) must mature within not to exceed 30 years | ||
from their date, notwithstanding any other law, including | ||
Section 19-3 of this Code, to the contrary. |
(p-120) In addition to all other authority to issue bonds, | ||
Paxton-Buckley-Loda Community Unit School District 10 may | ||
issue bonds with an aggregate principal amount not to exceed
| ||
$28,500,000, but only if all the following conditions are met: | ||
(1) The voters of the district approve a proposition | ||
for the bond issuance at an election held on or after | ||
November 8, 2016. | ||
(2) Prior to the issuance of the bonds, the school | ||
board determines, by resolution, that (i) the projects as | ||
described in said proposition, relating to the building and | ||
equipping of one or more school buildings or additions to | ||
existing school buildings, are required as a result of the | ||
age and condition of the District's existing buildings and | ||
(ii) the issuance of bonds is authorized by a statute that | ||
exempts the debt incurred on the bonds from the district's | ||
statutory debt limitation. | ||
(3) The bonds are issued, in one or more issuances, not | ||
later than 5 years after the date of the referendum | ||
approving the issuance of the bonds, but the aggregate | ||
principal amount issued in all such bond issuances combined | ||
must not exceed $28,500,000. | ||
(4) The bonds are issued in accordance with this | ||
Article. | ||
(5) The proceeds of the bonds are used to accomplish | ||
only those projects approved by the voters at an election | ||
held on or after November 8, 2016. |
The debt incurred on any bonds issued under this subsection | ||
(p-120) and on any bonds
issued to refund or continue to refund | ||
such bonds shall not be considered indebtedness for
purposes of | ||
any statutory debt limitation. Bonds issued under this | ||
subsection (p-120) and any
bonds issued to refund or continue | ||
to refund such bonds must mature within not to exceed 25
years | ||
from their date, notwithstanding any other law, including | ||
Section 19-3 of this Code, to the
contrary. | ||
(p-125) In addition to all other authority to issue bonds, | ||
Hillsboro Community Unit School District 3 may issue bonds with | ||
an aggregate principal amount not to exceed
$34,500,000, but | ||
only if all the following conditions are met: | ||
(1) The voters of the district approve a proposition | ||
for the bond issuance at an election held on or after March | ||
15, 2016. | ||
(2) Prior to the issuance of the bonds, the school | ||
board determines, by resolution, that (i) altering, | ||
repairing, and equipping the high school | ||
agricultural/vocational building, demolishing the high | ||
school main, cafeteria, and gym buildings, building and | ||
equipping a school building, and improving sites are | ||
required as a result of the age and condition of the | ||
district's existing buildings and (ii) the issuance of | ||
bonds is authorized by a statute that exempts the debt | ||
incurred on the bonds from the district's statutory debt | ||
limitation. |
(3) The bonds are issued, in one or more issuances, not | ||
later than 5 years after the date of the referendum | ||
approving the issuance of the bonds, but the aggregate | ||
principal amount issued in all such bond issuances combined | ||
must not exceed $34,500,000. | ||
(4) The bonds are issued in accordance with this | ||
Article. | ||
(5) The proceeds of the bonds are used to accomplish | ||
only those projects approved by the voters at an election | ||
held on or after March 15, 2016. | ||
The debt incurred on any bonds issued under this subsection | ||
(p-125) and on any bonds
issued to refund or continue to refund | ||
such bonds shall not be considered indebtedness for
purposes of | ||
any statutory debt limitation. Bonds issued under this | ||
subsection (p-125) and any
bonds issued to refund or continue | ||
to refund such bonds must mature within not to exceed 25
years | ||
from their date, notwithstanding any other law, including | ||
Section 19-3 of this Code, to the
contrary. | ||
(p-130) In addition to all other authority to issue bonds, | ||
Waltham Community Consolidated School District 185 may incur | ||
indebtedness in an aggregate principal amount not to exceed | ||
$9,500,000 to build and equip a new school building and improve | ||
the site thereof, but only if all the following conditions are | ||
met: | ||
(1) A majority of the voters of the district voting on | ||
an advisory question voted in favor of the question |
regarding the use of funding sources to build a new school | ||
building without increasing property tax rates at the | ||
general election held on November 8, 2016. | ||
(2) Prior to incurring the debt, the school board | ||
enters into intergovernmental agreements with the City of | ||
LaSalle to pledge moneys in a special tax allocation fund | ||
associated with tax increment financing districts LaSalle | ||
I and LaSalle III and with the Village of Utica to pledge | ||
moneys in a special tax allocation fund associated with tax | ||
increment financing district Utica I for the purposes of | ||
repaying the debt issued pursuant to this subsection | ||
(p-130). Notwithstanding any other provision of law to the | ||
contrary, the intergovernmental agreement may extend these | ||
tax increment financing districts as necessary to ensure | ||
repayment of the debt. | ||
(3) Prior to incurring the debt, the school board | ||
determines, by resolution, that (i) the building and | ||
equipping of a new school building is required as a result | ||
of the age and condition of the district's existing | ||
buildings and (ii) the debt is authorized by a statute that | ||
exempts the debt from the district's statutory debt | ||
limitation. | ||
(4) The debt is incurred, in one or more issuances, not | ||
later than January 1, 2021, and the aggregate principal | ||
amount of debt issued in all such issuances combined must | ||
not exceed $9,500,000. |
The debt incurred under this subsection (p-130) and on any | ||
bonds issued to pay, refund, or continue to refund such debt | ||
shall not be considered indebtedness for purposes of any | ||
statutory debt limitation. Debt issued under this subsection | ||
(p-130) and any bonds issued to pay, refund, or continue to | ||
refund such debt must mature within not to exceed 25 years from | ||
their date, notwithstanding any other law, including Section | ||
19-11 of this Code and subsection (b) of Section 17 of the | ||
Local Government Debt Reform Act, to the contrary. | ||
(p-133) (p-130) Notwithstanding the provisions of | ||
subsection (a) of this Section or of any other law, bonds | ||
heretofore or hereafter issued by East Prairie School District | ||
73 with an aggregate principal amount not to exceed $47,353,147 | ||
and approved by the voters of the district at the general | ||
election held on November 8, 2016, and any bonds issued to | ||
refund or continue to refund the bonds, shall not be considered | ||
indebtedness for the purposes of any statutory debt limitation | ||
and may mature within not to exceed 25 years from their date, | ||
notwithstanding any other law, including Section 19-3 of this | ||
Code, to the contrary. | ||
(p-135) In addition to all other authority to issue bonds, | ||
Brookfield LaGrange Park School District Number 95 may issue | ||
bonds with an aggregate principal amount not to exceed | ||
$20,000,000, but only if all the following conditions are met: | ||
(1) The voters of the district approve a proposition | ||
for the bond issuance at an election held on or after April |
4, 2017. | ||
(2) Prior to the issuance of the bonds, the school | ||
board determines, by resolution, that (i) the additions and | ||
renovations to the Brook Park Elementary and S. E. Gross | ||
Middle School buildings are required to accommodate | ||
enrollment growth, replace outdated facilities, and create | ||
spaces consistent with 21st century learning and (ii) the | ||
issuance of the bonds is authorized by a statute that | ||
exempts the debt incurred on the bonds from the district's | ||
statutory debt limitation. | ||
(3) The bonds are issued, in one or more issuances, not | ||
later than 5 years after the date of the referendum | ||
approving the issuance of the bonds, but the aggregate | ||
principal amount issued in all such bond issuances combined | ||
must not exceed $20,000,000. | ||
(4) The bonds are issued in accordance with this | ||
Article. | ||
(5) The proceeds of the bonds are used to accomplish | ||
only those projects approved by the voters at an election | ||
held on or after April 4, 2017. | ||
The debt incurred on any bonds issued under this | ||
subsection (p-135) and on any bonds issued to refund or | ||
continue to refund such bonds shall not be considered | ||
indebtedness for purposes of any statutory debt | ||
limitation. | ||
(q) A school district must notify the State Board of |
Education prior to issuing any form of long-term or short-term | ||
debt that will result in outstanding debt that exceeds 75% of | ||
the debt limit specified in this Section or any other provision | ||
of law.
| ||
(Source: P.A. 99-78, eff. 7-20-15; 99-143, eff. 7-27-15; | ||
99-390, eff. 8-18-15; 99-642, eff. 7-28-16; 99-735, eff. | ||
8-5-16; 99-926, eff. 1-20-17, 100-503, eff. 6-1-18; 100-531, | ||
eff. 9-22-17; revised 11-6-17.) | ||
(105 ILCS 5/21B-20) | ||
Sec. 21B-20. Types of licenses. Before July 1, 2013, the | ||
State Board of Education shall implement a system of educator | ||
licensure, whereby individuals employed in school districts | ||
who are required to be licensed must have one of the following | ||
licenses: (i) a professional educator license; (ii) a | ||
professional educator license with stipulations; or (iii) a | ||
substitute teaching license. References in law regarding | ||
individuals certified or certificated or required to be | ||
certified or certificated under Article 21 of this Code shall | ||
also include individuals licensed or required to be licensed | ||
under this Article. The first year of all licenses ends on June | ||
30 following one full year of the license being issued. | ||
The State Board of Education, in consultation with the | ||
State Educator Preparation and Licensure Board, may adopt such | ||
rules as may be necessary to govern the requirements for | ||
licenses and endorsements under this Section. |
(1) Professional Educator License. Persons who (i) | ||
have successfully completed an approved educator | ||
preparation program and are recommended for licensure by | ||
the Illinois institution offering the educator preparation | ||
program, (ii) have successfully completed the required | ||
testing under Section 21B-30 of this Code, (iii) have | ||
successfully completed coursework on the psychology of, | ||
the identification of, and the methods of instruction for | ||
the exceptional child, including without limitation | ||
children with learning disabilities, (iv) have | ||
successfully completed coursework in methods of reading | ||
and reading in the content area, and (v) have met all other | ||
criteria established by rule of the State Board of | ||
Education shall be issued a Professional Educator License. | ||
All Professional Educator Licenses are valid until June 30 | ||
immediately following 5 years of the license being issued. | ||
The Professional Educator License shall be endorsed with | ||
specific areas and grade levels in which the individual is | ||
eligible to practice. | ||
Individuals can receive subsequent endorsements on the | ||
Professional Educator License. Subsequent endorsements | ||
shall require a minimum of 24 semester hours of coursework | ||
in the endorsement area, unless otherwise specified by | ||
rule, and passage of the applicable content area test. | ||
(2) Educator License with Stipulations. An Educator | ||
License with Stipulations shall be issued an endorsement |
that limits the license holder to one particular position | ||
or does not require completion of an approved educator | ||
program or both. | ||
An individual with an Educator License with | ||
Stipulations must not be employed by a school district or | ||
any other entity to replace any presently employed teacher | ||
who otherwise would not be replaced for any reason. | ||
An Educator License with Stipulations may be issued | ||
with the following endorsements: | ||
(A) Provisional educator. A provisional educator | ||
endorsement in a specific content area or areas on an | ||
Educator License with Stipulations may be issued to an | ||
applicant who holds an educator license from another | ||
state, U.S. territory, or foreign country and who, at | ||
the time of applying for an Illinois license, does not | ||
meet the minimum requirements under Section 21B-35 of | ||
this Code, but does, at a minimum, meet the following | ||
requirements: | ||
(i) Holds the equivalent of a minimum of a | ||
bachelor's degree, unless a master's degree is | ||
required for the endorsement, from a regionally | ||
accredited college or university or, for | ||
individuals educated in a country other than the | ||
United States, the equivalent of a minimum of a | ||
bachelor's degree issued in the United States, | ||
unless a master's degree is required for the |
endorsement. | ||
(ii) Has passed or passes a test of basic | ||
skills and content area test prior to or within one | ||
year after issuance of the provisional educator | ||
endorsement on the Educator License with | ||
Stipulations. If an individual who holds an | ||
Educator License with Stipulations endorsed for | ||
provisional educator has not passed a test of basic | ||
skills and applicable content area test or tests | ||
within one year after issuance of the endorsement, | ||
the endorsement shall expire on June 30 following | ||
one full year of the endorsement being issued. If | ||
such an individual has passed the test of basic | ||
skills and applicable content area test or tests | ||
either prior to issuance of the endorsement or | ||
within one year after issuance of the endorsement, | ||
the endorsement is valid until June 30 immediately | ||
following 2 years of the license being issued, | ||
during which time any and all coursework | ||
deficiencies must be met and any and all additional | ||
testing deficiencies must be met. | ||
In addition, a provisional educator endorsement | ||
for principals or superintendents may be issued if the | ||
individual meets the requirements set forth in | ||
subdivisions (1) and (3) of subsection (b-5) of Section | ||
21B-35 of this Code. Applicants who have not been |
entitled by an Illinois-approved educator preparation | ||
program at an Illinois institution of higher education | ||
shall not receive a provisional educator endorsement | ||
if the person completed an alternative licensure | ||
program in another state, unless the program has been | ||
determined to be equivalent to Illinois program | ||
requirements. | ||
Notwithstanding any other requirements of this | ||
Section, a service member or spouse of a service member | ||
may obtain a Professional Educator License with | ||
Stipulations, and a provisional educator endorsement | ||
in a specific content area or areas, if he or she holds | ||
a valid teaching certificate or license in good | ||
standing from another state, meets the qualifications | ||
of educators outlined in Section 21B-15 of this Code, | ||
and has not engaged in any misconduct that would | ||
prohibit an individual from obtaining a license | ||
pursuant to Illinois law, including without limitation | ||
any administrative rules of the State Board of | ||
Education. | ||
In this Section, "service member" means any person | ||
who, at the time of application under this Section, is | ||
an active duty member of the United States Armed Forces | ||
or any reserve component of the United States Armed | ||
Forces or the National Guard of any state, | ||
commonwealth, or territory of the United States or the |
District of Columbia. | ||
A provisional educator endorsement is valid until | ||
June 30 immediately following 2 years of the license | ||
being issued, provided that any remaining testing and | ||
coursework deficiencies are met as set forth in this | ||
Section. Failure to satisfy all stated deficiencies | ||
shall mean the individual, including any service | ||
member or spouse who has obtained a Professional | ||
Educator License with Stipulations and a provisional | ||
educator endorsement in a specific content area or | ||
areas, is ineligible to receive a Professional | ||
Educator License at that time. An Educator License with | ||
Stipulations endorsed for provisional educator shall | ||
not be renewed for individuals who hold an Educator | ||
License with Stipulations and who have held a position | ||
in a public school or non-public school recognized by | ||
the State Board of Education. | ||
(B) Alternative provisional educator. An | ||
alternative provisional educator endorsement on an | ||
Educator License with Stipulations may be issued to an | ||
applicant who, at the time of applying for the | ||
endorsement, has done all of the following: | ||
(i) Graduated from a regionally accredited | ||
college or university with a minimum of a | ||
bachelor's degree. | ||
(ii) Successfully completed the first phase of |
the Alternative Educator Licensure Program for | ||
Teachers, as described in Section 21B-50 of this | ||
Code. | ||
(iii) Passed a test of basic skills and content | ||
area test, as required under Section 21B-30 of this | ||
Code. | ||
The alternative provisional educator endorsement | ||
is valid for 2 years of teaching and may be renewed for | ||
a third year by an individual meeting the requirements | ||
set forth in Section 21B-50 of this Code. | ||
(C) Alternative provisional superintendent. An | ||
alternative provisional superintendent endorsement on | ||
an Educator License with Stipulations entitles the | ||
holder to serve only as a superintendent or assistant | ||
superintendent in a school district's central office. | ||
This endorsement may only be issued to an applicant | ||
who, at the time of applying for the endorsement, has | ||
done all of the following: | ||
(i) Graduated from a regionally accredited | ||
college or university with a minimum of a master's | ||
degree in a management field other than education. | ||
(ii) Been employed for a period of at least 5 | ||
years in a management level position in a field | ||
other than education. | ||
(iii) Successfully completed the first phase | ||
of an alternative route to superintendent |
endorsement program, as provided in Section 21B-55 | ||
of this Code. | ||
(iv) Passed a test of basic skills and content | ||
area tests required under Section 21B-30 of this | ||
Code. | ||
The endorsement may be registered for 2 fiscal | ||
years in order to complete one full year of serving as | ||
a superintendent or assistant superintendent. | ||
(D) Resident teacher endorsement. A resident | ||
teacher endorsement on an Educator License with | ||
Stipulations may be issued to an applicant who, at the | ||
time of applying for the endorsement, has done all of | ||
the following: | ||
(i) Graduated from a regionally accredited | ||
institution of higher education with a minimum of a | ||
bachelor's degree. | ||
(ii) Enrolled in an approved Illinois educator | ||
preparation program. | ||
(iii) Passed a test of basic skills and content | ||
area test, as required under Section 21B-30 of this | ||
Code. | ||
The resident teacher endorsement on an Educator | ||
License with Stipulations is valid for 4 years of | ||
teaching and shall not be renewed. | ||
A resident teacher may teach only under the | ||
direction of a licensed teacher, who shall act as the |
resident mentor teacher, and may not teach in place of | ||
a licensed teacher.
A resident teacher endorsement on | ||
an Educator License with Stipulations shall no longer | ||
be valid after June 30, 2017. | ||
(E) Career and technical educator. A career and | ||
technical educator endorsement on an Educator License | ||
with Stipulations may be issued to an applicant who has | ||
a minimum of 60 semester hours of coursework from a | ||
regionally accredited institution of higher education | ||
or an accredited trade and technical institution and | ||
has a minimum of 2,000 hours of experience outside of | ||
education in each area to be taught. | ||
The career and technical educator endorsement on | ||
an Educator License with Stipulations is valid until | ||
June 30 immediately following 5 years of the | ||
endorsement being issued and may be renewed. For | ||
individuals who were issued the career and technical | ||
educator endorsement on an Educator License with | ||
Stipulations on or after January 1, 2015, the license | ||
may be renewed if the individual passes a test of basic | ||
skills or test of work proficiency, as required under | ||
Section 21B-30 of this Code. | ||
An individual who holds a valid career and | ||
technical educator endorsement on an Educator License | ||
with Stipulations but does not hold a bachelor's degree | ||
may substitute teach in career and technical education |
classrooms. | ||
(F) Part-time provisional career and technical | ||
educator or provisional career and technical educator. | ||
A part-time provisional career and technical educator | ||
endorsement or a provisional career and technical | ||
educator endorsement on an Educator License with | ||
Stipulations may be issued to an applicant who has a | ||
minimum of 8,000 hours of work experience in the skill | ||
for which the applicant is seeking the endorsement. It | ||
is the responsibility of each employing school board | ||
and regional office of education to provide | ||
verification, in writing, to the State Superintendent | ||
of Education at the time the application is submitted | ||
that no qualified teacher holding a Professional | ||
Educator License or an Educator License with | ||
Stipulations with a career and technical educator | ||
endorsement is available and that actual circumstances | ||
require such issuance. | ||
The provisional career and technical educator | ||
endorsement on an Educator License with Stipulations | ||
is valid until June 30 immediately following 5 years of | ||
the endorsement being issued and may be renewed for 5 | ||
years. For individuals who were issued the provisional | ||
career and technical educator endorsement on an | ||
Educator License with Stipulations on or after January | ||
1, 2015, the license may be renewed if the individual |
passes a test of basic skills or test of work | ||
proficiency, as required under Section 21B-30 of this | ||
Code. | ||
A part-time provisional career and technical | ||
educator endorsement on an Educator License with | ||
Stipulations may be issued for teaching no more than 2 | ||
courses of study for grades 6 through 12. The part-time | ||
provisional career and technical educator endorsement | ||
on an Educator License with Stipulations is valid until | ||
June 30 immediately following 5 years of the | ||
endorsement being issued and may be renewed for 5 years | ||
if the individual makes application for renewal. | ||
An individual who holds a provisional or part-time | ||
provisional career and technical educator endorsement | ||
on an Educator License with Stipulations but does not | ||
hold a bachelor's degree may substitute teach in career | ||
and technical education classrooms. | ||
(G) Transitional bilingual educator. A | ||
transitional bilingual educator endorsement on an | ||
Educator License with Stipulations may be issued for | ||
the purpose of providing instruction in accordance | ||
with Article 14C of this Code to an applicant who | ||
provides satisfactory evidence that he or she meets all | ||
of the following requirements: | ||
(i) Possesses adequate speaking, reading, and | ||
writing ability in the language other than English |
in which transitional bilingual education is | ||
offered. | ||
(ii) Has the ability to successfully | ||
communicate in English. | ||
(iii) Either possessed, within 5 years | ||
previous to his or her applying for a transitional | ||
bilingual educator endorsement, a valid and | ||
comparable teaching certificate or comparable | ||
authorization issued by a foreign country or holds | ||
a degree from an institution of higher learning in | ||
a foreign country that the State Educator | ||
Preparation and Licensure Board determines to be | ||
the equivalent of a bachelor's degree from a | ||
regionally accredited institution of higher | ||
learning in the United States. | ||
A transitional bilingual educator endorsement | ||
shall be valid for prekindergarten through grade 12, is | ||
valid until June 30 immediately following 5 years of | ||
the endorsement being issued, and shall not be renewed. | ||
Persons holding a transitional bilingual educator | ||
endorsement shall not be employed to replace any | ||
presently employed teacher who otherwise would not be | ||
replaced for any reason. | ||
(H) Language endorsement. In an effort to | ||
alleviate the shortage of teachers speaking a language | ||
other than English in the public schools, an individual |
who holds an Educator License with Stipulations may | ||
also apply for a language endorsement, provided that | ||
the applicant provides satisfactory evidence that he | ||
or she meets all of the following requirements: | ||
(i) Holds a transitional bilingual | ||
endorsement. | ||
(ii) Has demonstrated proficiency in the | ||
language for which the endorsement is to be issued | ||
by passing the applicable language content test | ||
required by the State Board of Education. | ||
(iii) Holds a bachelor's degree or higher from | ||
a regionally accredited institution of higher | ||
education or, for individuals educated in a | ||
country other than the United States, holds a | ||
degree from an institution of higher learning in a | ||
foreign country that the State Educator | ||
Preparation and Licensure Board determines to be | ||
the equivalent of a bachelor's degree from a | ||
regionally accredited institution of higher | ||
learning in the United States. | ||
(iv) Has passed a test of basic skills, as | ||
required under Section 21B-30 of this Code. | ||
A language endorsement on an Educator License with | ||
Stipulations is valid for prekindergarten through | ||
grade 12 for the same validity period as the | ||
individual's transitional bilingual educator |
endorsement on the Educator License with Stipulations | ||
and shall not be renewed. | ||
(I) Visiting international educator. A visiting | ||
international educator endorsement on an Educator | ||
License with Stipulations may be issued to an | ||
individual who is being recruited by a particular | ||
school district that conducts formal recruitment | ||
programs outside of the United States to secure the | ||
services of qualified teachers and who meets all of the | ||
following requirements: | ||
(i) Holds the equivalent of a minimum of a | ||
bachelor's degree issued in the United States. | ||
(ii) Has been prepared as a teacher at the | ||
grade level for which he or she will be employed. | ||
(iii) Has adequate content knowledge in the | ||
subject to be taught. | ||
(iv) Has an adequate command of the English | ||
language. | ||
A holder of a visiting international educator | ||
endorsement on an Educator License with Stipulations | ||
shall be permitted to teach in bilingual education | ||
programs in the language that was the medium of | ||
instruction in his or her teacher preparation program, | ||
provided that he or she passes the English Language | ||
Proficiency Examination or another test of writing | ||
skills in English identified by the State Board of |
Education, in consultation with the State Educator | ||
Preparation and Licensure Board. | ||
A visiting international educator endorsement on | ||
an Educator License with Stipulations is valid for 3 | ||
years and shall not be renewed. | ||
(J) Paraprofessional educator. A paraprofessional | ||
educator endorsement on an Educator License with | ||
Stipulations may be issued to an applicant who holds a | ||
high school diploma or its recognized equivalent and | ||
either holds an associate's degree or a minimum of 60 | ||
semester hours of credit from a regionally accredited | ||
institution of higher education or has passed a test of | ||
basic skills required under Section 21B-30 of this | ||
Code. The paraprofessional educator endorsement is | ||
valid until June 30 immediately following 5 years of | ||
the endorsement being issued and may be renewed through | ||
application and payment of the appropriate fee, as | ||
required under Section 21B-40 of this Code. An | ||
individual who holds only a paraprofessional educator | ||
endorsement is not subject to additional requirements | ||
in order to renew the endorsement. | ||
(K) Chief school business official. A chief school | ||
business official endorsement on an Educator License | ||
with Stipulations may be issued to an applicant who | ||
qualifies by having a master's degree or higher, 2 | ||
years of full-time administrative experience in school |
business management or 2 years of university-approved | ||
practical experience, and a minimum of 24 semester | ||
hours of graduate credit in a program approved by the | ||
State Board of Education for the preparation of school | ||
business administrators and by passage of the | ||
applicable State tests, including a test of basic | ||
skills and applicable content area test. | ||
The chief school business official endorsement may | ||
also be affixed to the Educator License with | ||
Stipulations of any holder who qualifies by having a | ||
master's degree in business administration, finance, | ||
accounting, or public administration and who completes | ||
an additional 6 semester hours of internship in school | ||
business management from a regionally accredited | ||
institution of higher education and passes the | ||
applicable State tests, including a test of basic | ||
skills and applicable content area test. This | ||
endorsement shall be required for any individual | ||
employed as a chief school business official. | ||
The chief school business official endorsement on | ||
an Educator License with Stipulations is valid until | ||
June 30 immediately following 5 years of the | ||
endorsement being issued and may be renewed if the | ||
license holder completes renewal requirements as | ||
required for individuals who hold a Professional | ||
Educator License endorsed for chief school business |
official under Section 21B-45 of this Code and such | ||
rules as may be adopted by the State Board of | ||
Education. | ||
The State Board of Education shall adopt any rules | ||
necessary to implement Public Act 100-288 this | ||
amendatory Act of the 100th General Assembly . | ||
(L) Provisional in-state educator. A provisional | ||
in-state educator endorsement on an Educator License | ||
with Stipulations may be issued to a candidate who has | ||
completed an Illinois-approved educator preparation | ||
program at an Illinois institution of higher education | ||
and who has not successfully completed an | ||
evidence-based assessment of teacher effectiveness but | ||
who meets all of the following requirements: | ||
(i) Holds at least a bachelor's degree. | ||
(ii) Has completed an approved educator | ||
preparation program at an Illinois institution. | ||
(iii) Has passed a test of basic skills and | ||
applicable content area test, as required by | ||
Section 21B-30 of this Code. | ||
(iv) Has attempted an evidence-based | ||
assessment of teacher effectiveness and received a | ||
minimum score on that assessment, as established | ||
by the State Board of Education in consultation | ||
with the State Educator Preparation and Licensure | ||
Board. |
A provisional in-state educator endorsement on an | ||
Educator License with Stipulations is valid for one | ||
full fiscal year after the date of issuance and may not | ||
be renewed. | ||
(3) Substitute Teaching License. A Substitute Teaching | ||
License may be issued to qualified applicants for | ||
substitute teaching in all grades of the public schools, | ||
prekindergarten through grade 12. Substitute Teaching | ||
Licenses are not eligible for endorsements. Applicants for | ||
a Substitute Teaching License must hold a bachelor's degree | ||
or higher from a regionally accredited institution of | ||
higher education. | ||
Substitute Teaching Licenses are valid for 5 years. | ||
Substitute Teaching Licenses are valid for substitute | ||
teaching in every county of this State. If an individual | ||
has had his or her Professional Educator License or | ||
Educator License with Stipulations suspended or revoked or | ||
has not met the renewal requirements for licensure, then | ||
that individual is not eligible to obtain a Substitute | ||
Teaching License. | ||
A substitute teacher may only teach in the place of a | ||
licensed teacher who is under contract with the employing | ||
board. If, however, there is no licensed teacher under | ||
contract because of an emergency situation, then a district | ||
may employ a substitute teacher for no longer than 30 | ||
calendar days per each vacant position in the district if |
the district notifies the appropriate regional office of | ||
education within 5 business days after the employment of | ||
the substitute teacher in the emergency situation. An | ||
emergency situation is one in which an unforeseen vacancy | ||
has occurred and (i) a teacher is unable to fulfill his or | ||
her contractual duties or (ii) teacher capacity needs of | ||
the district exceed previous indications, and the district | ||
is actively engaged in advertising to hire a fully licensed | ||
teacher for the vacant position. | ||
There is no limit on the number of days that a | ||
substitute teacher may teach in a single school district, | ||
provided that no substitute teacher may teach for longer | ||
than 90 school days for any one licensed teacher under | ||
contract in the same school year. A substitute teacher who | ||
holds a Professional Educator License or Educator License | ||
with Stipulations shall not teach for more than 120 school | ||
days for any one licensed teacher under contract in the | ||
same school year. The limitations in this paragraph (3) on | ||
the number of days a substitute teacher may be employed do | ||
not apply to any school district operating under Article 34 | ||
of this Code.
| ||
(Source: P.A. 99-35, eff. 1-1-16; 99-58, eff. 7-16-15; 99-143, | ||
eff. 7-27-15; 99-642, eff. 7-28-16; 99-920, eff. 1-6-17; 100-8, | ||
eff. 7-1-17; 100-13, eff. 7-1-17; 100-288, eff. 8-24-17; | ||
revised 9-25-17.) |
(105 ILCS 5/21B-25) | ||
Sec. 21B-25. Endorsement on licenses. All licenses issued | ||
under paragraph (1) of Section 21B-20 of this Code shall be | ||
specifically endorsed by the State Board of Education for each | ||
content area, school support area, and administrative area for | ||
which the holder of the license is qualified. Recognized | ||
institutions approved to offer educator preparation programs | ||
shall be trained to add endorsements to licenses issued to | ||
applicants who meet all of the requirements for the endorsement | ||
or endorsements, including passing any required tests. The | ||
State Superintendent of Education shall randomly audit | ||
institutions to ensure that all rules and standards are being | ||
followed for entitlement or when endorsements are being | ||
recommended. | ||
(1) The State Board of Education, in consultation with | ||
the State Educator Preparation and Licensure Board, shall | ||
establish, by rule, the grade level and subject area | ||
endorsements to be added to the Professional Educator | ||
License. These rules shall outline the requirements for | ||
obtaining each endorsement. | ||
(2) In addition to any and all grade level and content | ||
area endorsements developed by rule, the State Board of | ||
Education, in consultation with the State Educator | ||
Preparation and Licensure Board, shall develop the | ||
requirements for the following endorsements: | ||
(A) General administrative endorsement. A general |
administrative endorsement shall be added to a | ||
Professional Educator License, provided that an | ||
approved program has been completed. An individual | ||
holding a general administrative endorsement may work | ||
only as a principal or assistant principal or in a | ||
related or similar position, as determined by the State | ||
Superintendent of Education, in consultation with the | ||
State Educator Preparation and Licensure Board. | ||
Beginning on September 1, 2014, the general | ||
administrative endorsement shall no longer be issued | ||
except to individuals who completed all coursework | ||
requirements for the receipt of the general | ||
administrative endorsement by September 1, 2014, who | ||
have completed all testing requirements by June 30, | ||
2016, and who apply for the endorsement on or before | ||
June 30, 2016. Individuals who hold a valid and | ||
registered administrative certificate with a general | ||
administrative endorsement issued under Section 21-7.1 | ||
of this Code or a Professional Educator License with a | ||
general administrative endorsement issued prior to | ||
September 1, 2014 and who have served for at least one | ||
full year during the 5 years prior in a position | ||
requiring a general administrative endorsement shall, | ||
upon request to the State Board of Education and | ||
through July 1, 2015, have their respective general | ||
administrative endorsement converted to a principal |
endorsement on the Professional Educator License. | ||
Candidates shall not be admitted to an approved general | ||
administrative preparation program after September 1, | ||
2012. | ||
All other individuals holding a valid and | ||
registered administrative certificate with a general | ||
administrative endorsement issued pursuant to Section | ||
21-7.1 of this Code or a general administrative | ||
endorsement on a Professional Educator License issued | ||
prior to September 1, 2014 shall have the general | ||
administrative endorsement converted to a principal | ||
endorsement on a Professional Educator License upon | ||
request to the State Board of Education and by | ||
completing one of the following pathways: | ||
(i) Passage of the State principal assessment | ||
developed by the State Board of Education. | ||
(ii) Through July 1, 2019, completion of an | ||
Illinois Educators' Academy course designated by | ||
the State Superintendent of Education. | ||
(iii) Completion of a principal preparation | ||
program established and approved pursuant to | ||
Section 21B-60 of this Code and applicable rules. | ||
Individuals who do not choose to convert the | ||
general administrative endorsement on the | ||
administrative certificate issued pursuant to Section | ||
21-7.1 of this Code or on the Professional Educator |
License shall continue to be able to serve in any | ||
position previously allowed under paragraph (2) of | ||
subsection (e) of Section 21-7.1 of this Code. | ||
The general administrative endorsement on the | ||
Professional Educator License is available only to | ||
individuals who, prior to September 1, 2014, had such | ||
an endorsement on the administrative certificate | ||
issued pursuant to Section 21-7.1 of this Code or who | ||
already have a Professional Educator License and have | ||
completed a general administrative program and who do | ||
not choose to convert the general administrative | ||
endorsement to a principal endorsement pursuant to the | ||
options in this Section. | ||
(B) Principal endorsement. A principal endorsement | ||
shall be affixed to a Professional Educator License of | ||
any holder who qualifies by having all of the | ||
following: | ||
(i) Successful completion of a principal | ||
preparation program approved in accordance with | ||
Section 21B-60 of this Code and any applicable | ||
rules. | ||
(ii) At least 4 total years of teaching or 4 | ||
total years of working in the capacity of school | ||
support personnel in an Illinois public school or | ||
nonpublic school recognized by the State Board of | ||
Education or in an out-of-state public school or |
out-of-state nonpublic school meeting out-of-state | ||
recognition standards comparable to those approved | ||
by the State Superintendent of Education; however, | ||
the State Board of Education, in consultation with | ||
the State Educator Preparation and Licensure | ||
Board, shall allow, by rules, for fewer than 4 | ||
years of experience based on meeting standards set | ||
forth in such rules, including without limitation | ||
a review of performance evaluations or other | ||
evidence of demonstrated qualifications. | ||
(iii) A master's degree or higher from a | ||
regionally accredited college or university. | ||
(C) Chief school business official endorsement. A | ||
chief school business official endorsement shall be | ||
affixed to the Professional Educator License of any | ||
holder who qualifies by having a master's degree or | ||
higher, 2 years of full-time administrative experience | ||
in school business management or 2 years of | ||
university-approved practical experience, and a | ||
minimum of 24 semester hours of graduate credit in a | ||
program approved by the State Board of Education for | ||
the preparation of school business administrators and | ||
by passage of the applicable State tests. The chief | ||
school business official endorsement may also be | ||
affixed to the Professional Educator License of any | ||
holder who qualifies by having a master's degree in |
business administration, finance, accounting, or | ||
public administration and who completes an additional | ||
6 semester hours of internship in school business | ||
management from a regionally accredited institution of | ||
higher education and passes the applicable State | ||
tests. This endorsement shall be required for any | ||
individual employed as a chief school business | ||
official. | ||
(D) Superintendent endorsement. A superintendent | ||
endorsement shall be affixed to the Professional | ||
Educator License of any holder who has completed a | ||
program approved by the State Board of Education for | ||
the preparation of superintendents of schools, has had | ||
at least 2 years of experience employed full-time in a | ||
general administrative position or as a full-time | ||
principal, director of special education, or chief | ||
school business official in the public schools or in a | ||
State-recognized nonpublic school in which the chief | ||
administrator is required to have the licensure | ||
necessary to be a principal in a public school in this | ||
State and where a majority of the teachers are required | ||
to have the licensure necessary to be instructors in a | ||
public school in this State, and has passed the | ||
required State tests; or of any holder who has | ||
completed a program that is not an Illinois-approved | ||
educator preparation program at an Illinois |
institution of higher education and that has | ||
recognition standards comparable to those approved by | ||
the State Superintendent of Education and holds the | ||
general administrative, principal, or chief school | ||
business official endorsement and who has had 2 years | ||
of experience as a principal, director of special | ||
education, or chief school business official while | ||
holding a valid educator license or certificate | ||
comparable in validity and educational and experience | ||
requirements and has passed the appropriate State | ||
tests, as provided in Section 21B-30 of this Code. The | ||
superintendent endorsement shall allow individuals to | ||
serve only as a superintendent or assistant | ||
superintendent. | ||
(E) Teacher leader endorsement. It shall be the | ||
policy of this State to improve the quality of | ||
instructional leaders by providing a career pathway | ||
for teachers interested in serving in leadership | ||
roles, but not as principals. The State Board of | ||
Education, in consultation with the State Educator | ||
Preparation and Licensure Board, may issue a teacher | ||
leader endorsement under this subdivision (E). Persons | ||
who meet and successfully complete the requirements of | ||
the endorsement shall be issued a teacher leader | ||
endorsement on the Professional Educator License for | ||
serving in schools in this State. Teacher leaders may |
qualify to serve in such positions as department | ||
chairs, coaches, mentors, curriculum and instruction | ||
leaders, or other leadership positions as defined by | ||
the district. The endorsement shall be available to | ||
those teachers who (i) hold a Professional Educator | ||
License, (ii) hold a master's degree or higher from a | ||
regionally accredited institution, (iii) have | ||
completed a program of study that has been approved by | ||
the State Board of Education, in consultation with the | ||
State Educator Preparation and Licensure Board, and | ||
(iv) have successfully demonstrated competencies as | ||
defined by rule. | ||
A teacher who meets the requirements set forth in | ||
this Section and holds a teacher leader endorsement may | ||
evaluate teachers pursuant to Section 24A-5 of this | ||
Code, provided that the individual has completed the | ||
evaluation component required by Section 24A-3 of this | ||
Code and a teacher leader is allowed to evaluate | ||
personnel under the respective school district's | ||
collective bargaining agreement. | ||
The State Board of Education, in consultation with | ||
the State Educator Preparation and Licensure Board, | ||
may adopt such rules as may be necessary to establish | ||
and implement the teacher leader endorsement program | ||
and to specify the positions for which this endorsement | ||
shall be required. |
(F) Special education endorsement. A special | ||
education endorsement in one or more areas shall be | ||
affixed to a Professional Educator License for any | ||
individual that meets those requirements established | ||
by the State Board of Education in rules. Special | ||
education endorsement areas shall include without | ||
limitation the following: | ||
(i) Learning Behavior Specialist I; | ||
(ii) Learning Behavior Specialist II; | ||
(iii) Speech Language Pathologist; | ||
(iv) Blind or Visually Impaired; | ||
(v) Deaf-Hard of Hearing; | ||
(vi) Early Childhood Special Education; and | ||
(vii) Director of Special Education. | ||
Notwithstanding anything in this Code to the contrary, | ||
the State Board of Education, in consultation with the | ||
State Educator Preparation and Licensure Board, may | ||
add additional areas of special education by rule. | ||
(G) School support personnel endorsement. School | ||
support personnel endorsement areas shall include, but | ||
are not limited to, school counselor, marriage and | ||
family therapist, school psychologist, school speech | ||
and language pathologist, school nurse, and school | ||
social worker. This endorsement is for individuals who | ||
are not teachers or administrators, but still require | ||
licensure to work in an instructional support position |
in a public or State-operated elementary school, | ||
secondary school, or cooperative or joint agreement | ||
with a governing body or board of control or a charter | ||
school operating in compliance with the Charter | ||
Schools Law. The school support personnel endorsement | ||
shall be affixed to the Professional Educator License | ||
and shall meet all of the requirements established in | ||
any rules adopted to implement this subdivision (G). | ||
The holder of such an endorsement is entitled to all of | ||
the rights and privileges granted holders of any other | ||
Professional Educator License, including teacher | ||
benefits, compensation, and working conditions.
| ||
Beginning on January 1, 2014 and ending on April | ||
30, 2014, a person holding a Professional Educator | ||
License with a school speech and language pathologist | ||
(teaching) endorsement may exchange his or her school | ||
speech and language pathologist (teaching) endorsement | ||
for a school speech and language pathologist | ||
(non-teaching) endorsement through application to the | ||
State Board of Education. There shall be no cost for | ||
this exchange. | ||
(Source: P.A. 99-58, eff. 7-16-15; 99-623, eff. 7-22-16; | ||
99-920, eff. 1-6-17; 100-13, eff. 7-1-17; 100-267, eff. | ||
8-22-17; 100-288, eff. 8-24-17; revised 9-25-17.)
| ||
(105 ILCS 5/21B-30)
|
Sec. 21B-30. Educator testing. | ||
(a) This Section applies beginning on July 1, 2012. | ||
(b) The State Board of Education, in consultation with the | ||
State Educator Preparation and Licensure Board, shall design | ||
and implement a system of examinations, which shall be required | ||
prior to the issuance of educator licenses. These examinations | ||
and indicators must be based on national and State professional | ||
teaching standards, as determined by the State Board of | ||
Education, in consultation with the State Educator Preparation | ||
and Licensure Board. The State Board of Education may adopt | ||
such rules as may be necessary to implement and administer this | ||
Section. | ||
(c) Applicants seeking a Professional Educator License or | ||
an Educator License with Stipulations shall be required to pass | ||
a test of basic skills before the license is issued, unless the | ||
endorsement the individual is seeking does not require passage | ||
of the test. All applicants completing Illinois-approved, | ||
teacher education or school service personnel preparation | ||
programs shall be required to pass the State Board of | ||
Education's recognized test of basic skills prior to starting | ||
their student teaching or starting the final semester of their | ||
internship, unless required earlier at the discretion of the | ||
recognized, Illinois institution in which they are completing | ||
their approved program. An individual who passes a test of | ||
basic skills does not need to do so again for subsequent | ||
endorsements or other educator licenses. |
(d) All applicants seeking a State license shall be | ||
required to pass a test of content area knowledge for each area | ||
of endorsement for which there is an applicable test. There | ||
shall be no exception to this requirement. No candidate shall | ||
be allowed to student teach or serve as the teacher of record | ||
until he or she has passed the applicable content area test. | ||
(e) (Blank). and completing their student teaching | ||
experience no later than August 31, 2015 Prior to September 1, | ||
2015, passage The APT shall be available through August 31, | ||
2020. | ||
(f) Except as otherwise provided in this Article, beginning | ||
on September 1, 2015, all candidates completing teacher | ||
preparation programs in this State and all candidates subject | ||
to Section 21B-35 of this Code are required to pass an | ||
evidence-based assessment of teacher effectiveness approved by | ||
the State Board of Education, in consultation with the State | ||
Educator Preparation and Licensure Board. All recognized | ||
institutions offering approved teacher preparation programs | ||
must begin phasing in the approved teacher performance | ||
assessment no later than July 1, 2013. | ||
(g) Tests of basic skills and content area knowledge and | ||
the assessment of professional teaching shall be the tests that | ||
from time to time are designated by the State Board of | ||
Education, in consultation with the State Educator Preparation | ||
and Licensure Board, and may be tests prepared by an | ||
educational testing organization or tests designed by the State |
Board of Education, in consultation with the State Educator | ||
Preparation and Licensure Board. The areas to be covered by a | ||
test of basic skills shall include reading, language arts, and | ||
mathematics. The test of content area knowledge shall assess | ||
content knowledge in a specific subject field. The tests must | ||
be designed to be racially neutral to ensure that no person | ||
taking the tests is discriminated against on the basis of race, | ||
color, national origin, or other factors unrelated to the | ||
person's ability to perform as a licensed employee. The score | ||
required to pass the tests shall be fixed by the State Board of | ||
Education, in consultation with the State Educator Preparation | ||
and Licensure Board. The tests shall be administered not fewer | ||
than 3 times a year at such time and place as may be designated | ||
by the State Board of Education, in consultation with the State | ||
Educator Preparation and Licensure Board. | ||
The State Board shall implement a test or tests to assess | ||
the speaking, reading, writing, and grammar skills of | ||
applicants for an endorsement or a license issued under | ||
subdivision (G) of paragraph (2) of Section 21B-20 of this Code | ||
in the English language and in the language of the transitional | ||
bilingual education program requested by the applicant. | ||
(h) Except as provided in Section 34-6 of this Code, the | ||
provisions of this Section shall apply equally in any school | ||
district subject to Article 34 of this Code. | ||
(i) The rules developed to implement and enforce the | ||
testing requirements under this Section shall include without |
limitation provisions governing test selection, test | ||
validation and determination of a passing score, | ||
administration of the tests, frequency of administration, | ||
applicant fees, frequency of applicants taking the tests, the | ||
years for which a score is valid, and appropriate special | ||
accommodations. The State Board of Education shall develop such | ||
rules as may be needed to ensure uniformity from year to year | ||
in the level of difficulty for each form of an assessment.
| ||
(Source: P.A. 98-361, eff. 1-1-14; 98-581, eff. 8-27-13; | ||
98-756, eff. 7-16-14; 99-58, eff. 7-16-15; 99-657, eff. | ||
7-28-16; 99-920, eff. 1-6-17; revised 1-23-17.) | ||
(105 ILCS 5/21B-45) | ||
Sec. 21B-45. Professional Educator License renewal. | ||
(a) Individuals holding a Professional Educator License | ||
are required to complete the licensure renewal requirements as | ||
specified in this Section, unless otherwise provided in this | ||
Code. | ||
Individuals holding a Professional Educator License shall | ||
meet the renewal requirements set forth in this Section, unless | ||
otherwise provided in this Code. If an individual holds a | ||
license endorsed in more than one area that has different | ||
renewal requirements, that individual shall follow the renewal | ||
requirements for the position for which he or she spends the | ||
majority of his or her time working. | ||
(b) All Professional Educator Licenses not renewed as |
provided in this Section shall lapse on September 1 of that | ||
year. Notwithstanding any other provisions of this Section, if | ||
a license holder's electronic mail address is available, the | ||
State Board of Education shall send him or her notification | ||
electronically that his or her license will lapse if not | ||
renewed, to be sent no more than 6 months prior to the license | ||
lapsing. Lapsed licenses may be immediately reinstated upon (i) | ||
payment by the applicant of a $500 penalty to the State Board | ||
of Education or (ii) the demonstration of proficiency by | ||
completing 9 semester hours of coursework from a regionally | ||
accredited institution of higher education in the content area | ||
that most aligns with one or more of the educator's endorsement | ||
areas. Any and all back fees, including without limitation | ||
registration fees owed from the time of expiration of the | ||
license until the date of reinstatement, shall be paid and kept | ||
in accordance with the provisions in Article 3 of this Code | ||
concerning an institute fund and the provisions in Article 21B | ||
of this Code concerning fees and requirements for registration. | ||
Licenses not registered in accordance with Section 21B-40 of | ||
this Code shall lapse after a period of 6 months from the | ||
expiration of the last year of registration or on January 1 of | ||
the fiscal year following initial issuance of the license. An | ||
unregistered license is invalid after September 1 for | ||
employment and performance of services in an Illinois public or | ||
State-operated school or cooperative and in a charter school. | ||
Any license or endorsement may be voluntarily surrendered by |
the license holder. A voluntarily surrendered license, except a | ||
substitute teaching license issued under Section 21B-20 of this | ||
Code, shall be treated as a revoked license. An Educator | ||
License with Stipulations with only a paraprofessional | ||
endorsement does not lapse.
| ||
(c) From July 1, 2013 through June 30, 2014, in order to | ||
satisfy the requirements for licensure renewal provided for in | ||
this Section, each professional educator licensee with an | ||
administrative endorsement who is working in a position | ||
requiring such endorsement shall complete one Illinois | ||
Administrators' Academy course, as described in Article 2 of | ||
this Code, per fiscal year. | ||
(d) Beginning July 1, 2014, in order to satisfy the | ||
requirements for licensure renewal provided for in this | ||
Section, each professional educator licensee may create a | ||
professional development plan each year. The plan shall address | ||
one or more of the endorsements that are required of his or her | ||
educator position if the licensee is employed and performing | ||
services in an Illinois public or State-operated school or | ||
cooperative. If the licensee is employed in a charter school, | ||
the plan shall address that endorsement or those endorsements | ||
most closely related to his or her educator position. Licensees | ||
employed and performing services in any other Illinois schools | ||
may participate in the renewal requirements by adhering to the | ||
same process. | ||
Except as otherwise provided in this Section, the |
licensee's professional development activities shall align | ||
with one or more of the following criteria: | ||
(1) activities are of a type that engage participants | ||
over a sustained period of time allowing for analysis, | ||
discovery, and application as they relate to student | ||
learning, social or emotional achievement, or well-being; | ||
(2) professional development aligns to the licensee's | ||
performance; | ||
(3) outcomes for the activities must relate to student | ||
growth or district improvement; | ||
(4) activities align to State-approved standards;
and | ||
(5) higher education coursework. | ||
(e) For each renewal cycle, each professional educator | ||
licensee shall engage in professional development activities. | ||
Prior to renewal, the licensee shall enter electronically into | ||
the Educator Licensure Information System (ELIS) the name, | ||
date, and location of the activity, the number of professional | ||
development hours, and the provider's name. The following | ||
provisions shall apply concerning professional development | ||
activities: | ||
(1) Each licensee shall complete a total of 120 hours | ||
of professional development per 5-year renewal cycle in | ||
order to renew the license, except as otherwise provided in | ||
this Section. | ||
(2) Beginning with his or her first full 5-year cycle, | ||
any licensee with an administrative endorsement who is not |
working in a position requiring such endorsement is not | ||
required to complete Illinois Administrators' Academy | ||
courses, as described in Article 2 of this Code. Such | ||
licensees must complete one Illinois Administrators' | ||
Academy course within one year after returning to a | ||
position that requires the administrative endorsement. | ||
(3) Any licensee with an administrative endorsement | ||
who is working in a position requiring such endorsement or | ||
an individual with a Teacher Leader endorsement serving in | ||
an administrative capacity at least 50% of the day shall | ||
complete one Illinois Administrators' Academy course, as | ||
described in Article 2 of this Code, each fiscal year in | ||
addition to 100 hours of professional development per | ||
5-year renewal cycle in accordance with this Code. | ||
(4) Any licensee holding a current National Board for | ||
Professional Teaching Standards (NBPTS) master teacher | ||
designation shall complete a total of 60 hours of | ||
professional development per 5-year renewal cycle in order | ||
to renew the license. | ||
(5) Licensees working in a position that does not | ||
require educator licensure or working in a position for | ||
less than 50% for any particular year are considered to be | ||
exempt and shall be required to pay only the registration | ||
fee in order to renew and maintain the validity of the | ||
license. | ||
(6) Licensees who are retired and qualify for benefits |
from a State retirement system shall notify the State Board | ||
of Education using ELIS, and the license shall be | ||
maintained in retired status. For any renewal cycle in | ||
which a licensee retires during the renewal cycle, the | ||
licensee must complete professional development activities | ||
on a prorated basis depending on the number of years during | ||
the renewal cycle the educator held an active license. If a | ||
licensee retires during a renewal cycle, the licensee must | ||
notify the State Board of Education using ELIS that the | ||
licensee wishes to maintain the license in retired status | ||
and must show proof of completion of professional | ||
development activities on a prorated basis for all years of | ||
that renewal cycle for which the license was active. An | ||
individual with a license in retired status shall not be | ||
required to complete professional development activities | ||
or pay registration fees until returning to a position that | ||
requires educator licensure. Upon returning to work in a | ||
position that requires the Professional Educator License, | ||
the licensee shall immediately pay a registration fee and | ||
complete renewal requirements for that year. A license in | ||
retired status cannot lapse. Beginning on January 6, 2017 | ||
(the effective date of Public Act 99-920) through December | ||
31, 2017, any licensee who has retired and whose license | ||
has lapsed for failure to renew as provided in this Section | ||
may reinstate that license and maintain it in retired | ||
status upon providing proof to the State Board of Education |
using ELIS that the licensee is retired and is not working | ||
in a position that requires a Professional Educator | ||
License. | ||
(7) For any renewal cycle in which professional | ||
development hours were required, but not fulfilled, the | ||
licensee shall complete any missed hours to total the | ||
minimum professional development hours required in this | ||
Section prior to September 1 of that year. For any fiscal | ||
year or renewal cycle in which an Illinois Administrators' | ||
Academy course was required but not completed, the licensee | ||
shall complete any missed Illinois Administrators' Academy | ||
courses prior to September 1 of that year. The licensee may | ||
complete all deficient hours and Illinois Administrators' | ||
Academy courses while continuing to work in a position that | ||
requires that license until September 1 of that year. | ||
(8) Any licensee who has not fulfilled the professional | ||
development renewal requirements set forth in this Section | ||
at the end of any 5-year renewal cycle is ineligible to | ||
register his or her license and may submit an appeal to the | ||
State Superintendent of Education for reinstatement of the | ||
license. | ||
(9) If professional development opportunities were | ||
unavailable to a licensee, proof that opportunities were | ||
unavailable and request for an extension of time beyond | ||
August 31 to complete the renewal requirements may be | ||
submitted from April 1 through June 30 of that year to the |
State Educator Preparation and Licensure Board. If an | ||
extension is approved, the license shall remain valid | ||
during the extension period. | ||
(10) Individuals who hold exempt licenses prior to | ||
December 27, 2013 (the effective date of Public Act 98-610) | ||
shall commence the annual renewal process with the first | ||
scheduled registration due after December 27, 2013 (the | ||
effective date of Public Act 98-610). | ||
(11) Notwithstanding any other provision of this | ||
subsection (e), if a licensee earns more than the required | ||
number of professional development hours during a renewal | ||
cycle, then the licensee may carry over any hours earned | ||
from April 1 through June 30 of the last year of the | ||
renewal cycle. Any hours carried over in this manner must | ||
be applied to the next renewal cycle. Illinois | ||
Administrators' Academy courses or hours earned in those | ||
courses may not be carried over. | ||
(f) At the time of renewal, each licensee shall respond to | ||
the required questions under penalty of perjury. | ||
(g) The following entities shall be designated as approved | ||
to provide professional development activities for the renewal | ||
of Professional Educator Licenses: | ||
(1) The State Board of Education. | ||
(2) Regional offices of education and intermediate | ||
service centers. | ||
(3) Illinois professional associations representing |
the following groups that are approved by the State | ||
Superintendent of Education: | ||
(A) school administrators; | ||
(B) principals; | ||
(C) school business officials; | ||
(D) teachers, including special education | ||
teachers; | ||
(E) school boards; | ||
(F) school districts; | ||
(G) parents; and | ||
(H) school service personnel. | ||
(4) Regionally accredited institutions of higher | ||
education that offer Illinois-approved educator | ||
preparation programs and public community colleges subject | ||
to the Public Community College Act. | ||
(5) Illinois public school districts, charter schools | ||
authorized under Article 27A of this Code, and joint | ||
educational programs authorized under Article 10 of this | ||
Code for the purposes of providing career and technical | ||
education or special education services. | ||
(6) A not-for-profit organization that, as of December | ||
31, 2014 (the effective date of Public Act 98-1147), has | ||
had or has a grant from or a contract with the State Board | ||
of Education to provide professional development services | ||
in the area of English Learning to Illinois school | ||
districts, teachers, or administrators. |
(7) State agencies, State boards, and State | ||
commissions. | ||
(8) Museums as defined in Section 10 of the Museum | ||
Disposition of Property Act. | ||
(h) Approved providers under subsection (g) of this Section | ||
shall make available professional development opportunities | ||
that satisfy at least one of the following: | ||
(1) increase the knowledge and skills of school and | ||
district leaders who guide continuous professional | ||
development; | ||
(2) improve the learning of students; | ||
(3) organize adults into learning communities whose | ||
goals are aligned with those of the school and district; | ||
(4) deepen educator's content knowledge; | ||
(5) provide educators with research-based | ||
instructional strategies to assist students in meeting | ||
rigorous academic standards; | ||
(6) prepare educators to appropriately use various | ||
types of classroom assessments; | ||
(7) use learning strategies appropriate to the | ||
intended goals; | ||
(8) provide educators with the knowledge and skills to | ||
collaborate; or | ||
(9) prepare educators to apply research to | ||
decision-making. | ||
(i) Approved providers under subsection (g) of this Section |
shall do the following: | ||
(1) align professional development activities to the | ||
State-approved national standards for professional | ||
learning; | ||
(2) meet the professional development criteria for | ||
Illinois licensure renewal; | ||
(3) produce a rationale for the activity that explains | ||
how it aligns to State standards and identify the | ||
assessment for determining the expected impact on student | ||
learning or school improvement; | ||
(4) maintain original documentation for completion of | ||
activities; and | ||
(5) provide license holders with evidence of | ||
completion of activities. | ||
(j) The State Board of Education shall conduct annual | ||
audits of a subset of approved providers, except for school | ||
districts, which shall be audited by regional offices of | ||
education and intermediate service centers. Each approved | ||
provider, except for school districts, that is audited by a | ||
regional office of education or intermediate service center | ||
must be audited at least once every 5 years. The State Board of | ||
Education shall complete random audits of licensees. | ||
(1) Approved providers shall annually submit to the | ||
State Board of Education a list of subcontractors used for | ||
delivery of professional development activities for which | ||
renewal credit was issued and other information as defined |
by rule. | ||
(2) Approved providers shall annually submit data to | ||
the State Board of Education demonstrating how the | ||
professional development activities impacted one or more | ||
of the following: | ||
(A) educator and student growth in regards to | ||
content knowledge or skills, or both; | ||
(B) educator and student social and emotional | ||
growth; or | ||
(C) alignment to district or school improvement | ||
plans. | ||
(3) The State Superintendent of Education shall review | ||
the annual data collected by the State Board of Education, | ||
regional offices of education, and intermediate service | ||
centers in audits to determine if the approved provider has | ||
met the criteria and should continue to be an approved | ||
provider or if further action should be taken as provided | ||
in rules. | ||
(k) Registration fees shall be paid for the next renewal | ||
cycle between April 1 and June 30 in the last year of each | ||
5-year renewal cycle using ELIS. If all required professional | ||
development hours for the renewal cycle have been completed and | ||
entered by the licensee, the licensee shall pay the | ||
registration fees for the next cycle using a form of credit or | ||
debit card. | ||
(l) Any professional educator licensee endorsed for school |
support personnel who is employed and performing services in | ||
Illinois public schools and who holds an active and current | ||
professional license issued by the Department of Financial and | ||
Professional Regulation or a national certification board, as | ||
approved by the State Board of Education, related to the | ||
endorsement areas on the Professional Educator License shall be | ||
deemed to have satisfied the continuing professional | ||
development requirements provided for in this Section. Such | ||
individuals shall be required to pay only registration fees to | ||
renew the Professional Educator License. An individual who does | ||
not hold a license issued by the Department of Financial and | ||
Professional Regulation shall complete professional | ||
development requirements for the renewal of a Professional | ||
Educator License provided for in this Section. | ||
(m) Appeals to the State Educator Preparation and Licensure | ||
Board
must be made within 30 days after receipt of notice from | ||
the State Superintendent of Education that a license will not | ||
be renewed based upon failure to complete the requirements of | ||
this Section. A licensee may appeal that decision to the State | ||
Educator Preparation and Licensure Board in a manner prescribed | ||
by rule. | ||
(1) Each appeal shall state the reasons why the State | ||
Superintendent's decision should be reversed and shall be | ||
sent by certified mail, return receipt requested, to the | ||
State Board of Education. | ||
(2) The State Educator Preparation and Licensure Board |
shall review each appeal regarding renewal of a license | ||
within 90 days after receiving the appeal in order to | ||
determine whether the licensee has met the requirements of | ||
this Section. The State Educator Preparation and Licensure | ||
Board may hold an appeal hearing or may make its | ||
determination based upon the record of review, which shall | ||
consist of the following: | ||
(A) the regional superintendent of education's | ||
rationale for recommending nonrenewal of the license, | ||
if applicable; | ||
(B) any evidence submitted to the State | ||
Superintendent along with the individual's electronic | ||
statement of assurance for renewal; and | ||
(C) the State Superintendent's rationale for | ||
nonrenewal of the license. | ||
(3) The State Educator Preparation and Licensure Board | ||
shall notify the licensee of its decision regarding license | ||
renewal by certified mail, return receipt requested, no | ||
later than 30 days after reaching a decision. Upon receipt | ||
of notification of renewal, the licensee, using ELIS, shall | ||
pay the applicable registration fee for the next cycle | ||
using a form of credit or debit card. | ||
(n) The State Board of Education may adopt rules as may be | ||
necessary to implement this Section. | ||
(Source: P.A. 99-58, eff. 7-16-15; 99-130, eff. 7-24-15; | ||
99-591, eff. 1-1-17; 99-642, eff. 7-28-16; 99-920, eff. 1-6-17; |
100-13, eff. 7-1-17; 100-339, eff. 8-25-17; revised 9-22-17.) | ||
(105 ILCS 5/22-80) | ||
Sec. 22-80. Student athletes; concussions and head | ||
injuries. | ||
(a) The General Assembly recognizes all of the following: | ||
(1) Concussions are one of the most commonly reported | ||
injuries in children and adolescents who participate in | ||
sports and recreational activities. The Centers for | ||
Disease Control and Prevention estimates that as many as | ||
3,900,000 sports-related and recreation-related | ||
concussions occur in the United States each year. A | ||
concussion is caused by a blow or motion to the head or | ||
body that causes the brain to move rapidly inside the | ||
skull. The risk of catastrophic injuries or death are | ||
significant when a concussion or head injury is not | ||
properly evaluated and managed. | ||
(2) Concussions are a type of brain injury that can | ||
range from mild to severe and can disrupt the way the brain | ||
normally works. Concussions can occur in any organized or | ||
unorganized sport or recreational activity and can result | ||
from a fall or from players colliding with each other, the | ||
ground, or with obstacles. Concussions occur with or | ||
without loss of consciousness, but the vast majority of | ||
concussions occur without loss of consciousness. | ||
(3) Continuing to play with a concussion or symptoms of |
a head injury leaves a young athlete especially vulnerable | ||
to greater injury and even death. The General Assembly | ||
recognizes that, despite having generally recognized | ||
return-to-play standards for concussions and head | ||
injuries, some affected youth athletes are prematurely | ||
returned to play, resulting in actual or potential physical | ||
injury or death to youth athletes in this State. | ||
(4) Student athletes who have sustained a concussion | ||
may need informal or formal accommodations, modifications | ||
of curriculum, and monitoring by medical or academic staff | ||
until the student is fully recovered. To that end, all | ||
schools are encouraged to establish a return-to-learn | ||
protocol that is based on peer-reviewed scientific | ||
evidence consistent with Centers for Disease Control and | ||
Prevention guidelines and conduct baseline testing for | ||
student athletes. | ||
(b) In this Section: | ||
"Athletic trainer" means an athletic trainer licensed | ||
under the Illinois Athletic Trainers Practice Act who is | ||
working under the supervision of a physician. | ||
"Coach" means any volunteer or employee of a school who is | ||
responsible for organizing and supervising students to teach | ||
them or train them in the fundamental skills of an | ||
interscholastic athletic activity. "Coach" refers to both head | ||
coaches and assistant coaches. | ||
"Concussion" means a complex pathophysiological process |
affecting the brain caused by a traumatic physical force or | ||
impact to the head or body, which may include temporary or | ||
prolonged altered brain function resulting in physical, | ||
cognitive, or emotional symptoms or altered sleep patterns and | ||
which may or may not involve a loss of consciousness. | ||
"Department" means the Department of Financial and | ||
Professional Regulation. | ||
"Game official" means a person who officiates at an | ||
interscholastic athletic activity, such as a referee or umpire, | ||
including, but not limited to, persons enrolled as game | ||
officials by the Illinois High School Association or Illinois | ||
Elementary School Association. | ||
"Interscholastic athletic activity" means any organized | ||
school-sponsored or school-sanctioned activity for students, | ||
generally outside of school instructional hours, under the | ||
direction of a coach, athletic director, or band leader, | ||
including, but not limited to, baseball, basketball, | ||
cheerleading, cross country track, fencing, field hockey, | ||
football, golf, gymnastics, ice hockey, lacrosse, marching | ||
band, rugby, soccer, skating, softball, swimming and diving, | ||
tennis, track (indoor and outdoor), ultimate Frisbee, | ||
volleyball, water polo, and wrestling. All interscholastic | ||
athletics are deemed to be interscholastic activities. | ||
"Licensed healthcare professional" means a person who has | ||
experience with concussion management and who is a nurse, a | ||
psychologist who holds a license under the Clinical |
Psychologist Licensing Act and specializes in the practice of | ||
neuropsychology, a physical therapist licensed under the | ||
Illinois Physical Therapy Act, an occupational therapist | ||
licensed under the Illinois Occupational Therapy Practice Act, | ||
a physician assistant, or an athletic trainer. | ||
"Nurse" means a person who is employed by or volunteers at | ||
a school and is licensed under the Nurse Practice Act as a | ||
registered nurse, practical nurse, or advanced practice | ||
registered nurse. | ||
"Physician" means a physician licensed to practice | ||
medicine in all of its branches under the Medical Practice Act | ||
of 1987. | ||
"Physician assistant" means a physician assistant licensed | ||
under the Physician Assistant Practice Act of 1987. | ||
"School" means any public or private elementary or | ||
secondary school, including a charter school. | ||
"Student" means an adolescent or child enrolled in a | ||
school. | ||
(c) This Section applies to any interscholastic athletic | ||
activity, including practice and competition, sponsored or | ||
sanctioned by a school, the Illinois Elementary School | ||
Association, or the Illinois High School Association. This | ||
Section applies beginning with the 2016-2017 school year. | ||
(d) The governing body of each public or charter school and | ||
the appropriate administrative officer of a private school with | ||
students enrolled who participate in an interscholastic |
athletic activity shall appoint or approve a concussion | ||
oversight team. Each concussion oversight team shall establish | ||
a return-to-play protocol, based on peer-reviewed scientific | ||
evidence consistent with Centers for Disease Control and | ||
Prevention guidelines, for a student's return to | ||
interscholastic athletics practice or competition following a | ||
force or impact believed to have caused a concussion. Each | ||
concussion oversight team shall also establish a | ||
return-to-learn protocol, based on peer-reviewed scientific | ||
evidence consistent with Centers for Disease Control and | ||
Prevention guidelines, for a student's return to the classroom | ||
after that student is believed to have experienced a | ||
concussion, whether or not the concussion took place while the | ||
student was participating in an interscholastic athletic | ||
activity. | ||
Each concussion oversight team must include to the extent | ||
practicable at least one physician. If a school employs an | ||
athletic trainer, the athletic trainer must be a member of the | ||
school concussion oversight team to the extent practicable. If | ||
a school employs a nurse, the nurse must be a member of the | ||
school concussion oversight team to the extent practicable. At | ||
a minimum, a school shall appoint a person who is responsible | ||
for implementing and complying with the return-to-play and | ||
return-to-learn protocols adopted by the concussion oversight | ||
team. At a minimum, a concussion oversight team may be composed | ||
of only one person and this person need not be a licensed |
healthcare professional, but it may not be a coach. A school | ||
may appoint other licensed healthcare professionals to serve on | ||
the concussion oversight team. | ||
(e) A student may not participate in an interscholastic | ||
athletic activity for a school year until the student and the | ||
student's parent or guardian or another person with legal | ||
authority to make medical decisions for the student have signed | ||
a form for that school year that acknowledges receiving and | ||
reading written information that explains concussion | ||
prevention, symptoms, treatment, and oversight and that | ||
includes guidelines for safely resuming participation in an | ||
athletic activity following a concussion. The form must be | ||
approved by the Illinois High School Association. | ||
(f) A student must be removed from an interscholastic | ||
athletics practice or competition immediately if one of the | ||
following persons believes the student might have sustained a | ||
concussion during the practice or competition: | ||
(1) a coach; | ||
(2) a physician; | ||
(3) a game official; | ||
(4) an athletic trainer; | ||
(5) the student's parent or guardian or another person | ||
with legal authority to make medical decisions for the | ||
student; | ||
(6) the student; or | ||
(7) any other person deemed appropriate under the |
school's return-to-play protocol. | ||
(g) A student removed from an interscholastic athletics | ||
practice or competition under this Section may not be permitted | ||
to practice or compete again following the force or impact | ||
believed to have caused the concussion until: | ||
(1) the student has been evaluated, using established | ||
medical protocols based on peer-reviewed scientific | ||
evidence consistent with Centers for Disease Control and | ||
Prevention guidelines, by a treating physician (chosen by | ||
the student or the student's parent or guardian or another | ||
person with legal authority to make medical decisions for | ||
the student), an athletic trainer, an advanced practice | ||
registered nurse, or a physician assistant; | ||
(2) the student has successfully completed each | ||
requirement of the return-to-play protocol established | ||
under this Section necessary for the student to return to | ||
play; | ||
(3) the student has successfully completed each | ||
requirement of the return-to-learn protocol established | ||
under this Section necessary for the student to return to | ||
learn; | ||
(4) the treating physician, the athletic trainer, or | ||
the physician assistant has provided a written statement | ||
indicating that, in the physician's professional judgment, | ||
it is safe for the student to return to play and return to | ||
learn or the treating advanced practice registered nurse |
has provided a written statement indicating that it is safe | ||
for the student to return to play and return to learn; and | ||
(5) the student and the student's parent or guardian or | ||
another person with legal authority to make medical | ||
decisions for the student: | ||
(A) have acknowledged that the student has | ||
completed the requirements of the return-to-play and | ||
return-to-learn protocols necessary for the student to | ||
return to play; | ||
(B) have provided the treating physician's, | ||
athletic trainer's, advanced practice registered | ||
nurse's, or physician assistant's written statement | ||
under subdivision (4) of this subsection (g) to the | ||
person responsible for compliance with the | ||
return-to-play and return-to-learn protocols under | ||
this subsection (g) and the person who has supervisory | ||
responsibilities under this subsection (g); and | ||
(C) have signed a consent form indicating that the | ||
person signing: | ||
(i) has been informed concerning and consents | ||
to the student participating in returning to play | ||
in accordance with the return-to-play and | ||
return-to-learn protocols; | ||
(ii) understands the risks associated with the | ||
student returning to play and returning to learn | ||
and will comply with any ongoing requirements in |
the return-to-play and return-to-learn protocols; | ||
and | ||
(iii) consents to the disclosure to | ||
appropriate persons, consistent with the federal | ||
Health Insurance Portability and Accountability | ||
Act of 1996 (Public Law 104-191), of the treating | ||
physician's, athletic trainer's, physician | ||
assistant's, or advanced practice registered | ||
nurse's written statement under subdivision (4) of | ||
this subsection (g) and, if any, the | ||
return-to-play and return-to-learn recommendations | ||
of the treating physician, the athletic trainer, | ||
the physician assistant, or the advanced practice | ||
registered nurse, as the case may be. | ||
A coach of an interscholastic athletics team may not | ||
authorize a student's return to play or return to learn. | ||
The district superintendent or the superintendent's | ||
designee in the case of a public elementary or secondary | ||
school, the chief school administrator or that person's | ||
designee in the case of a charter school, or the appropriate | ||
administrative officer or that person's designee in the case of | ||
a private school shall supervise an athletic trainer or other | ||
person responsible for compliance with the return-to-play | ||
protocol and shall supervise the person responsible for | ||
compliance with the return-to-learn protocol. The person who | ||
has supervisory responsibilities under this paragraph may not |
be a coach of an interscholastic athletics team. | ||
(h)(1) The Illinois High School Association shall approve, | ||
for coaches, game officials, and non-licensed healthcare | ||
professionals, training courses that provide for not less than | ||
2 hours of training in the subject matter of concussions, | ||
including evaluation, prevention, symptoms, risks, and | ||
long-term effects. The Association shall maintain an updated | ||
list of individuals and organizations authorized by the | ||
Association to provide the training. | ||
(2) The following persons must take a training course in | ||
accordance with paragraph (4) of this subsection (h) from an | ||
authorized training provider at least once every 2 years: | ||
(A) a coach of an interscholastic athletic activity; | ||
(B) a nurse, licensed healthcare professional, or | ||
non-licensed healthcare professional who serves as a | ||
member of a concussion oversight team either on a volunteer | ||
basis or in his or her capacity as an employee, | ||
representative, or agent of a school; and | ||
(C) a game official of an interscholastic athletic | ||
activity. | ||
(3) A physician who serves as a member of a concussion | ||
oversight team shall, to the greatest extent practicable, | ||
periodically take an appropriate continuing medical education | ||
course in the subject matter of concussions. | ||
(4) For purposes of paragraph (2) of this subsection (h): | ||
(A) a coach, game official, or non-licensed healthcare |
professional, as the case may be, must take a course | ||
described in paragraph (1) of this subsection (h); | ||
(B) an athletic trainer must take a concussion-related | ||
continuing education course from an athletic trainer | ||
continuing education sponsor approved by the Department; | ||
(C) a nurse must take a concussion-related continuing | ||
education course from a nurse continuing education sponsor | ||
approved by the Department; | ||
(D) a physical therapist must take a | ||
concussion-related continuing education course from a | ||
physical therapist continuing education sponsor approved | ||
by the Department; | ||
(E) a psychologist must take a concussion-related | ||
continuing education course from a psychologist continuing | ||
education sponsor approved by the Department; | ||
(F) an occupational therapist must take a | ||
concussion-related continuing education course from an | ||
occupational therapist continuing education sponsor | ||
approved by the Department; and | ||
(G) a physician assistant must take a | ||
concussion-related continuing education course from a | ||
physician assistant continuing education sponsor approved | ||
by the Department. | ||
(5) Each person described in paragraph (2) of this | ||
subsection (h) must submit proof of timely completion of an | ||
approved course in compliance with paragraph (4) of this |
subsection (h) to the district superintendent or the | ||
superintendent's designee in the case of a public elementary or | ||
secondary school, the chief school administrator or that | ||
person's designee in the case of a charter school, or the | ||
appropriate administrative officer or that person's designee | ||
in the case of a private school. | ||
(6) A physician, licensed healthcare professional, or | ||
non-licensed healthcare professional who is not in compliance | ||
with the training requirements under this subsection (h) may | ||
not serve on a concussion oversight team in any capacity. | ||
(7) A person required under this subsection (h) to take a | ||
training course in the subject of concussions must complete the | ||
training prior to serving on a concussion oversight team in any | ||
capacity. | ||
(i) The governing body of each public or charter school and | ||
the appropriate administrative officer of a private school with | ||
students enrolled who participate in an interscholastic | ||
athletic activity shall develop a school-specific emergency | ||
action plan for interscholastic athletic activities to address | ||
the serious injuries and acute medical conditions in which the | ||
condition of the student may deteriorate rapidly. The plan | ||
shall include a delineation of roles, methods of communication, | ||
available emergency equipment, and access to and a plan for | ||
emergency transport. This emergency action plan must be: | ||
(1) in writing; | ||
(2) reviewed by the concussion oversight team; |
(3) approved by the district superintendent or the | ||
superintendent's designee in the case of a public | ||
elementary or secondary school, the chief school | ||
administrator or that person's designee in the case of a | ||
charter school, or the appropriate administrative officer | ||
or that person's designee in the case of a private school; | ||
(4) distributed to all appropriate personnel; | ||
(5) posted conspicuously at all venues utilized by the | ||
school; and | ||
(6) reviewed annually by all athletic trainers, first | ||
responders, coaches, school nurses, athletic directors, | ||
and volunteers for interscholastic athletic activities. | ||
(j) The State Board of Education may adopt rules as | ||
necessary to administer this Section.
| ||
(Source: P.A. 99-245, eff. 8-3-15; 99-486, eff. 11-20-15; | ||
99-642, eff. 7-28-16; 100-309, eff. 9-1-17; 100-513, eff. | ||
1-1-18; revised 9-22-17.)
| ||
(105 ILCS 5/26-1) (from Ch. 122, par. 26-1)
| ||
Sec. 26-1. Compulsory school age; exemptions | ||
age-Exemptions . Whoever has custody or control of any child (i) | ||
between the ages of 7 and 17
years (unless the child has | ||
already graduated from high school) for school years before the | ||
2014-2015 school year or (ii) between the ages
of 6 (on or | ||
before September 1) and 17 years (unless the child has already | ||
graduated from high school) beginning with the 2014-2015 school |
year
shall cause such child to attend some public school in the | ||
district
wherein the child resides the entire time it is in | ||
session during the
regular school term, except as provided in | ||
Section 10-19.1, and during a
required summer school program | ||
established under Section 10-22.33B; provided,
that
the | ||
following children shall not be required to attend the public | ||
schools:
| ||
1. Any child attending a private or a parochial school | ||
where children
are taught the branches of education taught | ||
to children of corresponding
age and grade in the public | ||
schools, and where the instruction of the child
in the | ||
branches of education is in the English language;
| ||
2. Any child who is physically or mentally unable to | ||
attend school, such
disability being certified to the | ||
county or district truant officer by a
competent physician | ||
licensed in Illinois to practice medicine and surgery in | ||
all its branches, a chiropractic physician licensed under | ||
the Medical Practice Act of 1987, a licensed advanced | ||
practice registered nurse, a licensed physician assistant, | ||
or a Christian Science practitioner residing in this
State | ||
and listed in the Christian Science Journal; or who is | ||
excused for
temporary absence for cause by
the principal or | ||
teacher of the school which the child attends; the | ||
exemptions
in this paragraph (2) do not apply to any female | ||
who is pregnant or the
mother of one or more children, | ||
except where a female is unable to attend
school due to a |
complication arising from her pregnancy and the existence
| ||
of such complication is certified to the county or district | ||
truant officer
by a competent physician;
| ||
3. Any child necessarily and lawfully employed | ||
according to the
provisions of the law regulating child | ||
labor may be excused from attendance
at school by the | ||
county superintendent of schools or the superintendent of
| ||
the public school which the child should be attending, on | ||
certification of
the facts by and the recommendation of the | ||
school board of the public
school district in which the | ||
child resides. In districts having part-time part time
| ||
continuation schools, children so excused shall attend | ||
such schools at
least 8 hours each week;
| ||
4. Any child over 12 and under 14 years of age while in | ||
attendance at
confirmation classes;
| ||
5. Any child absent from a public school on a | ||
particular day or days
or at a particular time of day for | ||
the reason that he is unable to attend
classes or to | ||
participate in any examination, study or work requirements | ||
on
a particular day or days or at a particular time of day, | ||
because the tenets
of his religion forbid secular activity | ||
on a particular day or days or at a
particular time of day. | ||
Each school board shall prescribe rules and
regulations | ||
relative to absences for religious holidays including, but | ||
not
limited to, a list of religious holidays on which it | ||
shall be mandatory to
excuse a child; but nothing in this |
paragraph 5 shall be construed to limit
the right of any | ||
school board, at its discretion, to excuse an absence on
| ||
any other day by reason of the observance of a religious | ||
holiday. A school
board may require the parent or guardian | ||
of a child who is to be excused
from attending school due | ||
to the observance of a religious holiday to give
notice, | ||
not exceeding 5 days, of the child's absence to the school
| ||
principal or other school personnel. Any child excused from | ||
attending
school under this paragraph 5 shall not be | ||
required to submit a written
excuse for such absence after | ||
returning to school; | ||
6. Any child 16 years of age or older who (i) submits | ||
to a school district evidence of necessary and lawful | ||
employment pursuant to paragraph 3 of this Section and (ii) | ||
is enrolled in a graduation incentives program pursuant to | ||
Section 26-16 of this Code or an alternative learning | ||
opportunities program established pursuant to Article 13B | ||
of this Code;
| ||
7. A child in any of grades 6 through 12 absent from a | ||
public school on a particular day or days or at a | ||
particular time of day for the purpose of sounding "Taps" | ||
at a military honors funeral held in this State for a | ||
deceased veteran. In order to be excused under this | ||
paragraph 7, the student shall notify the school's | ||
administration at least 2 days prior to the date of the | ||
absence and shall provide the school's administration with |
the date, time, and location of the military
honors | ||
funeral. The school's administration may waive this 2-day | ||
notification requirement if the student did not receive at | ||
least 2 days advance notice, but the student shall notify | ||
the school's administration as soon as possible of the | ||
absence. A student whose absence is excused under this | ||
paragraph 7 shall be counted as if the student attended | ||
school for purposes of calculating the average daily | ||
attendance of students in the school district. A student | ||
whose absence is excused under this paragraph 7 must be | ||
allowed a reasonable time to make up school work missed | ||
during the absence. If the student satisfactorily | ||
completes the school work, the day of absence shall be | ||
counted as a day of compulsory attendance and he or she may | ||
not be penalized for that absence; and | ||
8. Any child absent from a public school on a | ||
particular day or days or at a particular time of day for | ||
the reason that his or her parent or legal guardian is an | ||
active duty member of the uniformed services and has been | ||
called to duty for, is on leave from, or has immediately | ||
returned from deployment to a combat zone or combat-support | ||
postings. Such a student shall be granted 5 days of excused | ||
absences in any school year and, at the discretion of the | ||
school board, additional excused absences to visit the | ||
student's parent or legal guardian relative to such leave | ||
or deployment of the parent or legal guardian. In the case |
of excused absences pursuant to this paragraph 8, the | ||
student and parent or legal guardian shall be responsible | ||
for obtaining assignments from the student's teacher prior | ||
to any period of excused absence and for ensuring that such | ||
assignments are completed by the student prior to his or | ||
her return to school from such period of excused absence. | ||
(Source: P.A. 99-173, eff. 7-29-15; 99-804, eff. 1-1-17; | ||
100-185, eff. 8-18-17; 100-513, eff. 1-1-18; revised 9-22-17.)
| ||
(105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1) | ||
Sec. 27-8.1. Health examinations and immunizations. | ||
(1) In compliance with rules and regulations which the | ||
Department of Public
Health shall promulgate, and except as | ||
hereinafter provided, all children in
Illinois shall have a | ||
health examination as follows: within one year prior to
| ||
entering kindergarten or the first grade of any public, | ||
private, or parochial
elementary school; upon entering the | ||
sixth and ninth grades of any public,
private, or parochial | ||
school; prior to entrance into any public, private, or
| ||
parochial nursery school; and, irrespective of grade, | ||
immediately prior to or
upon entrance into any public, private, | ||
or parochial school or nursery school,
each child shall present | ||
proof of having been examined in accordance with this
Section | ||
and the rules and regulations promulgated hereunder. Any child | ||
who received a health examination within one year prior to | ||
entering the fifth grade for the 2007-2008 school year is not |
required to receive an additional health examination in order | ||
to comply with the provisions of Public Act 95-422 when he or | ||
she attends school for the 2008-2009 school year, unless the | ||
child is attending school for the first time as provided in | ||
this paragraph. | ||
A tuberculosis skin test screening shall be included as a | ||
required part of
each health examination included under this | ||
Section if the child resides in an
area designated by the | ||
Department of Public Health as having a high incidence
of | ||
tuberculosis. Additional health examinations of pupils, | ||
including eye examinations, may be required when deemed | ||
necessary by school
authorities. Parents are encouraged to have | ||
their children undergo eye examinations at the same points in | ||
time required for health
examinations. | ||
(1.5) In compliance with rules adopted by the Department of | ||
Public Health and except as otherwise provided in this Section, | ||
all children in kindergarten and the second and sixth grades of | ||
any public, private, or parochial school shall have a dental | ||
examination. Each of these children shall present proof of | ||
having been examined by a dentist in accordance with this | ||
Section and rules adopted under this Section before May 15th of | ||
the school year. If a child in the second or sixth grade fails | ||
to present proof by May 15th, the school may hold the child's | ||
report card until one of the following occurs: (i) the child | ||
presents proof of a completed dental examination or (ii) the | ||
child presents proof that a dental examination will take place |
within 60 days after May 15th. The Department of Public Health | ||
shall establish, by rule, a waiver for children who show an | ||
undue burden or a lack of access to a dentist. Each public, | ||
private, and parochial school must give notice of this dental | ||
examination requirement to the parents and guardians of | ||
students at least 60 days before May 15th of each school year.
| ||
(1.10) Except as otherwise provided in this Section, all | ||
children enrolling in kindergarten in a public, private, or | ||
parochial school on or after January 1, 2008 ( the effective | ||
date of Public Act 95-671) this amendatory Act of the 95th | ||
General Assembly and any student enrolling for the first time | ||
in a public, private, or parochial school on or after January | ||
1, 2008 ( the effective date of Public Act 95-671) this | ||
amendatory Act of the 95th General Assembly shall have an eye | ||
examination. Each of these children shall present proof of | ||
having been examined by a physician licensed to practice | ||
medicine in all of its branches or a licensed optometrist | ||
within the previous year, in accordance with this Section and | ||
rules adopted under this Section, before October 15th of the | ||
school year. If the child fails to present proof by October | ||
15th, the school may hold the child's report card until one of | ||
the following occurs: (i) the child presents proof of a | ||
completed eye examination or (ii) the child presents proof that | ||
an eye examination will take place within 60 days after October | ||
15th. The Department of Public Health shall establish, by rule, | ||
a waiver for children who show an undue burden or a lack of |
access to a physician licensed to practice medicine in all of | ||
its branches who provides eye examinations or to a licensed | ||
optometrist. Each public, private, and parochial school must | ||
give notice of this eye examination requirement to the parents | ||
and guardians of students in compliance with rules of the | ||
Department of Public Health. Nothing in this Section shall be | ||
construed to allow a school to exclude a child from attending | ||
because of a parent's or guardian's failure to obtain an eye | ||
examination for the child.
| ||
(2) The Department of Public Health shall promulgate rules | ||
and regulations
specifying the examinations and procedures | ||
that constitute a health examination, which shall include an | ||
age-appropriate developmental screening, an age-appropriate | ||
social and emotional screening, and the collection of data | ||
relating to asthma and obesity
(including at a minimum, date of | ||
birth, gender, height, weight, blood pressure, and date of | ||
exam),
and a dental examination and may recommend by rule that | ||
certain additional examinations be performed.
The rules and | ||
regulations of the Department of Public Health shall specify | ||
that
a tuberculosis skin test screening shall be included as a | ||
required part of each
health examination included under this | ||
Section if the child resides in an area
designated by the | ||
Department of Public Health as having a high incidence of
| ||
tuberculosis.
With respect to the developmental screening and | ||
the social and emotional screening, the Department of Public | ||
Health must develop rules and appropriate revisions to the |
Child Health Examination form in conjunction with a statewide | ||
organization representing school boards; a statewide | ||
organization representing pediatricians; statewide | ||
organizations representing individuals holding Illinois | ||
educator licenses with school support personnel endorsements, | ||
including school social workers, school psychologists, and | ||
school nurses; a statewide organization representing | ||
children's mental health experts; a statewide organization | ||
representing school principals; the Director of Healthcare and | ||
Family Services or his or her designee, the State | ||
Superintendent of Education or his or her designee; and | ||
representatives of other appropriate State agencies and, at a | ||
minimum, must recommend the use of validated screening tools | ||
appropriate to the child's age or grade, and, with regard to | ||
the social and emotional screening, require recording only | ||
whether or not the screening was completed. The rules shall | ||
take into consideration the screening recommendations of the | ||
American Academy of Pediatrics and must be consistent with the | ||
State Board of Education's social and emotional learning | ||
standards. The Department of Public Health shall specify that a | ||
diabetes
screening as defined by rule shall be included as a | ||
required part of each
health examination.
Diabetes testing is | ||
not required. | ||
Physicians licensed to practice medicine in all of its | ||
branches, licensed advanced
practice registered nurses, or | ||
licensed physician assistants shall be
responsible for the |
performance of the health examinations, other than dental
| ||
examinations, eye examinations, and vision and hearing | ||
screening, and shall sign all report forms
required by | ||
subsection (4) of this Section that pertain to those portions | ||
of
the health examination for which the physician, advanced | ||
practice registered nurse, or
physician assistant is | ||
responsible.
If a registered
nurse performs any part of a | ||
health examination, then a physician licensed to
practice | ||
medicine in all of its branches must review and sign all | ||
required
report forms. Licensed dentists shall perform all | ||
dental examinations and
shall sign all report forms required by | ||
subsection (4) of this Section that
pertain to the dental | ||
examinations. Physicians licensed to practice medicine
in all | ||
its branches or licensed optometrists shall perform all eye | ||
examinations
required by this Section and shall sign all report | ||
forms required by
subsection (4) of this Section that pertain | ||
to the eye examination. For purposes of this Section, an eye | ||
examination shall at a minimum include history, visual acuity, | ||
subjective refraction to best visual acuity near and far, | ||
internal and external examination, and a glaucoma evaluation, | ||
as well as any other tests or observations that in the | ||
professional judgment of the doctor are necessary. Vision and
| ||
hearing screening tests, which shall not be considered | ||
examinations as that
term is used in this Section, shall be | ||
conducted in accordance with rules and
regulations of the | ||
Department of Public Health, and by individuals whom the
|
Department of Public Health has certified.
In these rules and | ||
regulations, the Department of Public Health shall
require that | ||
individuals conducting vision screening tests give a child's
| ||
parent or guardian written notification, before the vision | ||
screening is
conducted, that states, "Vision screening is not a | ||
substitute for a
complete eye and vision evaluation by an eye | ||
doctor. Your child is not
required to undergo this vision | ||
screening if an optometrist or
ophthalmologist has completed | ||
and signed a report form indicating that
an examination has | ||
been administered within the previous 12 months." . | ||
(2.5) With respect to the developmental screening and the | ||
social and emotional screening portion of the health | ||
examination, each child may present proof of having been | ||
screened in accordance with this Section and the rules adopted | ||
under this Section before October 15th of the school year. With | ||
regard to the social and emotional screening only, the | ||
examining health care provider shall only record whether or not | ||
the screening was completed. If the child fails to present | ||
proof of the developmental screening or the social and | ||
emotional screening portions of the health examination by | ||
October 15th of the school year, qualified school support | ||
personnel may, with a parent's or guardian's consent, offer the | ||
developmental screening or the social and emotional screening | ||
to the child. Each public, private, and parochial school must | ||
give notice of the developmental screening and social and | ||
emotional screening requirements to the parents and guardians |
of students in compliance with the rules of the Department of | ||
Public Health. Nothing in this Section shall be construed to | ||
allow a school to exclude a child from attending because of a | ||
parent's or guardian's failure to obtain a developmental | ||
screening or a social and emotional screening for the child. | ||
Once a developmental screening or a social and emotional | ||
screening is completed and proof has been presented to the | ||
school, the school may, with a parent's or guardian's consent, | ||
make available appropriate school personnel to work with the | ||
parent or guardian, the child, and the provider who signed the | ||
screening form to obtain any appropriate evaluations and | ||
services as indicated on the form and in other information and | ||
documentation provided by the parents, guardians, or provider. | ||
(3) Every child shall, at or about the same time as he or | ||
she receives
a health examination required by subsection (1) of | ||
this Section, present
to the local school proof of having | ||
received such immunizations against
preventable communicable | ||
diseases as the Department of Public Health shall
require by | ||
rules and regulations promulgated pursuant to this Section and | ||
the
Communicable Disease Prevention Act. | ||
(4) The individuals conducting the health examination,
| ||
dental examination, or eye examination shall record the
fact of | ||
having conducted the examination, and such additional | ||
information as
required, including for a health examination
| ||
data relating to asthma and obesity
(including at a minimum, | ||
date of birth, gender, height, weight, blood pressure, and date |
of exam), on uniform forms which the Department of Public | ||
Health and the State
Board of Education shall prescribe for | ||
statewide use. The examiner shall
summarize on the report form | ||
any condition that he or she suspects indicates a
need for | ||
special services, including for a health examination factors | ||
relating to asthma or obesity. The duty to summarize on the | ||
report form does not apply to social and emotional screenings. | ||
The confidentiality of the information and records relating to | ||
the developmental screening and the social and emotional | ||
screening shall be determined by the statutes, rules, and | ||
professional ethics governing the type of provider conducting | ||
the screening. The individuals confirming the administration | ||
of
required immunizations shall record as indicated on the form | ||
that the
immunizations were administered. | ||
(5) If a child does not submit proof of having had either | ||
the health
examination or the immunization as required, then | ||
the child shall be examined
or receive the immunization, as the | ||
case may be, and present proof by October
15 of the current | ||
school year, or by an earlier date of the current school year
| ||
established by a school district. To establish a date before | ||
October 15 of the
current school year for the health | ||
examination or immunization as required, a
school district must | ||
give notice of the requirements of this Section 60 days
prior | ||
to the earlier established date. If for medical reasons one or | ||
more of
the required immunizations must be given after October | ||
15 of the current school
year, or after an earlier established |
date of the current school year, then
the child shall present, | ||
by October 15, or by the earlier established date, a
schedule | ||
for the administration of the immunizations and a statement of | ||
the
medical reasons causing the delay, both the schedule and | ||
the statement being
issued by the physician, advanced practice | ||
registered nurse, physician assistant,
registered nurse, or | ||
local health department that will
be responsible for | ||
administration of the remaining required immunizations. If
a | ||
child does not comply by October 15, or by the earlier | ||
established date of
the current school year, with the | ||
requirements of this subsection, then the
local school | ||
authority shall exclude that child from school until such time | ||
as
the child presents proof of having had the health | ||
examination as required and
presents proof of having received | ||
those required immunizations which are
medically possible to | ||
receive immediately. During a child's exclusion from
school for | ||
noncompliance with this subsection, the child's parents or | ||
legal
guardian shall be considered in violation of Section 26-1 | ||
and subject to any
penalty imposed by Section 26-10. This | ||
subsection (5) does not apply to dental examinations, eye | ||
examinations, and the developmental screening and the social | ||
and emotional screening portions of the health examination. If | ||
the student is an out-of-state transfer student and does not | ||
have the proof required under this subsection (5) before | ||
October 15 of the current year or whatever date is set by the | ||
school district, then he or she may only attend classes (i) if |
he or she has proof that an appointment for the required | ||
vaccinations has been scheduled with a party authorized to | ||
submit proof of the required vaccinations. If the proof of | ||
vaccination required under this subsection (5) is not submitted | ||
within 30 days after the student is permitted to attend | ||
classes, then the student is not to be permitted to attend | ||
classes until proof of the vaccinations has been properly | ||
submitted. No school district or employee of a school district | ||
shall be held liable for any injury or illness to another | ||
person that results from admitting an out-of-state transfer | ||
student to class that has an appointment scheduled pursuant to | ||
this subsection (5). | ||
(6) Every school shall report to the State Board of | ||
Education by November
15, in the manner which that agency shall | ||
require, the number of children who
have received the necessary | ||
immunizations and the health examination (other than a dental | ||
examination or eye examination) as
required, indicating, of | ||
those who have not received the immunizations and
examination | ||
as required, the number of children who are exempt from health
| ||
examination and immunization requirements on religious or | ||
medical grounds as
provided in subsection (8). On or before | ||
December 1 of each year, every public school district and | ||
registered nonpublic school shall make publicly available the | ||
immunization data they are required to submit to the State | ||
Board of Education by November 15. The immunization data made | ||
publicly available must be identical to the data the school |
district or school has reported to the State Board of | ||
Education. | ||
Every school shall report to the State Board of Education | ||
by June 30, in the manner that the State Board requires, the | ||
number of children who have received the required dental | ||
examination, indicating, of those who have not received the | ||
required dental examination, the number of children who are | ||
exempt from the dental examination on religious grounds as | ||
provided in subsection (8) of this Section and the number of | ||
children who have received a waiver under subsection (1.5) of | ||
this Section. | ||
Every school shall report to the State Board of Education | ||
by June 30, in the manner that the State Board requires, the | ||
number of children who have received the required eye | ||
examination, indicating, of those who have not received the | ||
required eye examination, the number of children who are exempt | ||
from the eye examination as provided in subsection (8) of this | ||
Section, the number of children who have received a waiver | ||
under subsection (1.10) of this Section, and the total number | ||
of children in noncompliance with the eye examination | ||
requirement. | ||
The reported information under this subsection (6) shall be | ||
provided to the
Department of Public Health by the State Board | ||
of Education. | ||
(7) Upon determining that the number of pupils who are | ||
required to be in
compliance with subsection (5) of this |
Section is below 90% of the number of
pupils enrolled in the | ||
school district, 10% of each State aid payment made
pursuant to | ||
Section 18-8.05 or 18-8.15 to the school district for such year | ||
may be withheld
by the State Board of Education until the | ||
number of students in compliance with
subsection (5) is the | ||
applicable specified percentage or higher. | ||
(8) Children of parents or legal guardians who object to | ||
health, dental, or eye examinations or any part thereof, to | ||
immunizations, or to vision and hearing screening tests on | ||
religious grounds shall not be required to undergo the | ||
examinations, tests, or immunizations to which they so object | ||
if such parents or legal guardians present to the appropriate | ||
local school authority a signed Certificate of Religious | ||
Exemption detailing the grounds for objection and the specific | ||
immunizations, tests, or examinations to which they object. The | ||
grounds for objection must set forth the specific religious | ||
belief that conflicts with the examination, test, | ||
immunization, or other medical intervention. The signed | ||
certificate shall also reflect the parent's or legal guardian's | ||
understanding of the school's exclusion policies in the case of | ||
a vaccine-preventable disease outbreak or exposure. The | ||
certificate must also be signed by the authorized examining | ||
health care provider responsible for the performance of the | ||
child's health examination confirming that the provider | ||
provided education to the parent or legal guardian on the | ||
benefits of immunization and the health risks to the student |
and to the community of the communicable diseases for which | ||
immunization is required in this State. However, the health | ||
care provider's signature on the certificate reflects only that | ||
education was provided and does not allow a health care | ||
provider grounds to determine a religious exemption. Those | ||
receiving immunizations required under this Code shall be | ||
provided with the relevant vaccine information statements that | ||
are required to be disseminated by the federal National | ||
Childhood Vaccine Injury Act of 1986, which may contain | ||
information on circumstances when a vaccine should not be | ||
administered, prior to administering a vaccine. A healthcare | ||
provider may consider including without limitation the | ||
nationally accepted recommendations from federal agencies such | ||
as the Advisory Committee on Immunization Practices, the | ||
information outlined in the relevant vaccine information | ||
statement, and vaccine package inserts, along with the | ||
healthcare provider's clinical judgment, to determine whether | ||
any child may be more susceptible to experiencing an adverse | ||
vaccine reaction than the general population, and, if so, the | ||
healthcare provider may exempt the child from an immunization | ||
or adopt an individualized immunization schedule. The | ||
Certificate of Religious Exemption shall be created by the | ||
Department of Public Health and shall be made available and | ||
used by parents and legal guardians by the beginning of the | ||
2015-2016 school year. Parents or legal guardians must submit | ||
the Certificate of Religious Exemption to their local school |
authority prior to entering kindergarten, sixth grade, and | ||
ninth grade for each child for which they are requesting an | ||
exemption. The religious objection stated need not be directed | ||
by the tenets of an established religious organization. | ||
However, general philosophical or moral reluctance to allow | ||
physical examinations, eye examinations, immunizations, vision | ||
and hearing screenings, or dental examinations does not provide | ||
a sufficient basis for an exception to statutory requirements. | ||
The local school authority is responsible for determining if
| ||
the content of the Certificate of Religious Exemption
| ||
constitutes a valid religious objection.
The local school | ||
authority shall inform the parent or legal guardian of | ||
exclusion procedures, in accordance with the Department's | ||
rules under Part 690 of Title 77 of the Illinois Administrative | ||
Code, at the time the objection is presented. | ||
If the physical condition
of the child is such that any one | ||
or more of the immunizing agents should not
be administered, | ||
the examining physician, advanced practice registered nurse, | ||
or
physician assistant responsible for the performance of the
| ||
health examination shall endorse that fact upon the health | ||
examination form. | ||
Exempting a child from the health,
dental, or eye | ||
examination does not exempt the child from
participation in the | ||
program of physical education training provided in
Sections | ||
27-5 through 27-7 of this Code. | ||
(9) For the purposes of this Section, "nursery schools" |
means those nursery
schools operated by elementary school | ||
systems or secondary level school units
or institutions of | ||
higher learning. | ||
(Source: P.A. 99-173, eff. 7-29-15; 99-249, eff. 8-3-15; | ||
99-642, eff. 7-28-16; 99-927, eff. 6-1-17; 100-238, eff. | ||
1-1-18; 100-465, eff. 8-31-17; 100-513, eff. 1-1-18; revised | ||
9-22-17.)
| ||
(105 ILCS 5/27A-5)
| ||
Sec. 27A-5. Charter school; legal entity; requirements.
| ||
(a) A charter school shall be a public, nonsectarian, | ||
nonreligious, non-home
based, and non-profit school. A charter | ||
school shall be organized and operated
as a nonprofit | ||
corporation or other discrete, legal, nonprofit entity
| ||
authorized under the laws of the State of Illinois.
| ||
(b) A charter school may be established under this Article | ||
by creating a new
school or by converting an existing public | ||
school or attendance center to
charter
school status.
Beginning | ||
on April 16, 2003 (the effective date of Public Act 93-3), in | ||
all new
applications to establish
a charter
school in a city | ||
having a population exceeding 500,000, operation of the
charter
| ||
school shall be limited to one campus. The changes made to this | ||
Section by Public Act 93-3 do not apply to charter schools | ||
existing or approved on or before April 16, 2003 (the
effective | ||
date of Public Act 93-3). | ||
(b-5) In this subsection (b-5), "virtual-schooling" means |
a cyber school where students engage in online curriculum and | ||
instruction via the Internet and electronic communication with | ||
their teachers at remote locations and with students | ||
participating at different times. | ||
From April 1, 2013 through December 31, 2016, there is a | ||
moratorium on the establishment of charter schools with | ||
virtual-schooling components in school districts other than a | ||
school district organized under Article 34 of this Code. This | ||
moratorium does not apply to a charter school with | ||
virtual-schooling components existing or approved prior to | ||
April 1, 2013 or to the renewal of the charter of a charter | ||
school with virtual-schooling components already approved | ||
prior to April 1, 2013. | ||
On or before March 1, 2014, the Commission shall submit to | ||
the General Assembly a report on the effect of | ||
virtual-schooling, including without limitation the effect on | ||
student performance, the costs associated with | ||
virtual-schooling, and issues with oversight. The report shall | ||
include policy recommendations for virtual-schooling.
| ||
(c) A charter school shall be administered and governed by | ||
its board of
directors or other governing body
in the manner | ||
provided in its charter. The governing body of a charter school
| ||
shall be subject to the Freedom of Information Act and the Open | ||
Meetings Act.
| ||
(d) For purposes of this subsection (d), "non-curricular | ||
health and safety requirement" means any health and safety |
requirement created by statute or rule to provide, maintain, | ||
preserve, or safeguard safe or healthful conditions for | ||
students and school personnel or to eliminate, reduce, or | ||
prevent threats to the health and safety of students and school | ||
personnel. "Non-curricular health and safety requirement" does | ||
not include any course of study or specialized instructional | ||
requirement for which the State Board has established goals and | ||
learning standards or which is designed primarily to impart | ||
knowledge and skills for students to master and apply as an | ||
outcome of their education. | ||
A charter school shall comply with all non-curricular | ||
health and safety
requirements applicable to public schools | ||
under the laws of the State of
Illinois. On or before September | ||
1, 2015, the State Board shall promulgate and post on its | ||
Internet website a list of non-curricular health and safety | ||
requirements that a charter school must meet. The list shall be | ||
updated annually no later than September 1. Any charter | ||
contract between a charter school and its authorizer must | ||
contain a provision that requires the charter school to follow | ||
the list of all non-curricular health and safety requirements | ||
promulgated by the State Board and any non-curricular health | ||
and safety requirements added by the State Board to such list | ||
during the term of the charter. Nothing in this subsection (d) | ||
precludes an authorizer from including non-curricular health | ||
and safety requirements in a charter school contract that are | ||
not contained in the list promulgated by the State Board, |
including non-curricular health and safety requirements of the | ||
authorizing local school board.
| ||
(e) Except as otherwise provided in the School Code, a | ||
charter school shall
not charge tuition; provided that a | ||
charter school may charge reasonable fees
for textbooks, | ||
instructional materials, and student activities.
| ||
(f) A charter school shall be responsible for the | ||
management and operation
of its fiscal affairs including,
but | ||
not limited to, the preparation of its budget. An audit of each | ||
charter
school's finances shall be conducted annually by an | ||
outside, independent
contractor retained by the charter | ||
school. To ensure financial accountability for the use of | ||
public funds, on or before December 1 of every year of | ||
operation, each charter school shall submit to its authorizer | ||
and the State Board a copy of its audit and a copy of the Form | ||
990 the charter school filed that year with the federal | ||
Internal Revenue Service. In addition, if deemed necessary for | ||
proper financial oversight of the charter school, an authorizer | ||
may require quarterly financial statements from each charter | ||
school.
| ||
(g) A charter school shall comply with all provisions of | ||
this Article, the Illinois Educational Labor Relations Act, all | ||
federal and State laws and rules applicable to public schools | ||
that pertain to special education and the instruction of | ||
English learners, and
its charter. A charter
school is exempt | ||
from all other State laws and regulations in this Code
|
governing public
schools and local school board policies; | ||
however, a charter school is not exempt from the following:
| ||
(1) Sections 10-21.9 and 34-18.5 of this Code regarding | ||
criminal
history records checks and checks of the Statewide | ||
Sex Offender Database and Statewide Murderer and Violent | ||
Offender Against Youth Database of applicants for | ||
employment;
| ||
(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | ||
34-84a of this Code regarding discipline of
students;
| ||
(3) the Local Governmental and Governmental Employees | ||
Tort Immunity Act;
| ||
(4) Section 108.75 of the General Not For Profit | ||
Corporation Act of 1986
regarding indemnification of | ||
officers, directors, employees, and agents;
| ||
(5) the Abused and Neglected Child Reporting Act;
| ||
(5.5) subsection (b) of Section 10-23.12 and | ||
subsection (b) of Section 34-18.6 of this Code; | ||
(6) the Illinois School Student Records Act;
| ||
(7) Section 10-17a of this Code regarding school report | ||
cards;
| ||
(8) the P-20 Longitudinal Education Data System Act; | ||
(9) Section 27-23.7 of this Code regarding bullying | ||
prevention; | ||
(10) Section 2-3.162 of this Code regarding student | ||
discipline reporting; | ||
(11) Sections 22-80 and 27-8.1 of this Code; and |
(12) Sections 10-20.60 and 34-18.53 of this Code ; . | ||
(13) (12) Sections 10-20.63 10-20.60 and 34-18.56 | ||
34-18.53 of this Code ; and . | ||
(14) (12) Section 26-18 of this Code. | ||
The change made by Public Act 96-104 to this subsection (g) | ||
is declaratory of existing law. | ||
(h) A charter school may negotiate and contract with a | ||
school district, the
governing body of a State college or | ||
university or public community college, or
any other public or | ||
for-profit or nonprofit private entity for: (i) the use
of a | ||
school building and grounds or any other real property or | ||
facilities that
the charter school desires to use or convert | ||
for use as a charter school site,
(ii) the operation and | ||
maintenance thereof, and
(iii) the provision of any service, | ||
activity, or undertaking that the charter
school is required to | ||
perform in order to carry out the terms of its charter.
| ||
However, a charter school
that is established on
or
after April | ||
16, 2003 (the effective date of Public Act 93-3) and that | ||
operates
in a city having a population exceeding
500,000 may | ||
not contract with a for-profit entity to
manage or operate the | ||
school during the period that commences on April 16, 2003 (the
| ||
effective date of Public Act 93-3) and
concludes at the end of | ||
the 2004-2005 school year.
Except as provided in subsection (i) | ||
of this Section, a school district may
charge a charter school | ||
reasonable rent for the use of the district's
buildings, | ||
grounds, and facilities. Any services for which a charter |
school
contracts
with a school district shall be provided by | ||
the district at cost. Any services
for which a charter school | ||
contracts with a local school board or with the
governing body | ||
of a State college or university or public community college
| ||
shall be provided by the public entity at cost.
| ||
(i) In no event shall a charter school that is established | ||
by converting an
existing school or attendance center to | ||
charter school status be required to
pay rent for space
that is | ||
deemed available, as negotiated and provided in the charter | ||
agreement,
in school district
facilities. However, all other | ||
costs for the operation and maintenance of
school district | ||
facilities that are used by the charter school shall be subject
| ||
to negotiation between
the charter school and the local school | ||
board and shall be set forth in the
charter.
| ||
(j) A charter school may limit student enrollment by age or | ||
grade level.
| ||
(k) If the charter school is approved by the Commission, | ||
then the Commission charter school is its own local education | ||
agency. | ||
(Source: P.A. 99-30, eff. 7-10-15; 99-78, eff. 7-20-15; 99-245, | ||
eff. 8-3-15; 99-325, eff. 8-10-15; 99-456, eff. 9-15-16; | ||
99-642, eff. 7-28-16; 99-927, eff. 6-1-17; 100-29, eff. 1-1-18; | ||
100-156, eff. 1-1-18; 100-163, eff. 1-1-18; 100-413, eff. | ||
1-1-18; 100-468, eff. 6-1-18; revised 9-25-17.) | ||
(105 ILCS 5/29-5) (from Ch. 122, par. 29-5) |
Sec. 29-5. Reimbursement by State for transportation. Any | ||
school
district, maintaining a school, transporting resident | ||
pupils to another
school district's vocational program, | ||
offered through a joint agreement
approved by the State Board | ||
of Education, as provided in Section
10-22.22 or transporting | ||
its resident pupils to a school which meets the
standards for | ||
recognition as established by the State Board of Education
| ||
which provides transportation meeting the standards of safety, | ||
comfort,
convenience, efficiency and operation prescribed by | ||
the State Board of
Education for resident pupils in | ||
kindergarten or any of grades 1 through
12 who: (a) reside at | ||
least 1 1/2 miles as measured by the customary route of
travel, | ||
from the school attended; or (b) reside in areas where | ||
conditions are
such that walking constitutes a hazard to the | ||
safety of the child when
determined under Section 29-3; and (c) | ||
are transported to the school attended
from pick-up points at | ||
the beginning of the school day and back again at the
close of | ||
the school day or transported to and from their assigned | ||
attendance
centers during the school day, shall be reimbursed | ||
by the State as hereinafter
provided in this Section.
| ||
The State will pay the cost of transporting eligible pupils | ||
less the prior year
assessed valuation in a dual school | ||
district maintaining secondary
grades 9 to 12 inclusive times a | ||
qualifying rate of .05%; in elementary
school districts | ||
maintaining grades K to 8 times a qualifying rate of
.06%; and | ||
in unit districts maintaining grades K to 12, including |
optional elementary unit districts and combined high school - | ||
unit districts, times a qualifying
rate of .07%; provided that | ||
for optional elementary unit districts and combined high school - | ||
unit districts, prior year assessed valuation for high school | ||
purposes, as defined in Article 11E of this Code, must be used. | ||
To be eligible to receive reimbursement in excess of 4/5
of the | ||
cost to transport eligible pupils, a school district shall have | ||
a
Transportation Fund tax rate of at least .12%. If a school | ||
district
does not have a .12% Transportation Fund tax rate, the | ||
amount of its
claim in excess of 4/5 of the cost of | ||
transporting pupils shall be
reduced by the sum arrived at by | ||
subtracting the Transportation Fund tax
rate from .12% and | ||
multiplying that amount by the district's prior year equalized | ||
or
assessed valuation, provided, that in no case shall said | ||
reduction
result in reimbursement of less than 4/5 of the cost | ||
to transport
eligible pupils.
| ||
The minimum amount to be received by a district is $16 | ||
times the
number of eligible pupils transported.
| ||
When calculating the reimbursement for transportation | ||
costs, the State Board of Education may not deduct the number | ||
of pupils enrolled in early education programs from the number | ||
of pupils eligible for reimbursement if the pupils enrolled in | ||
the early education programs are transported at the same time | ||
as other eligible pupils.
| ||
Any such district transporting resident pupils during the | ||
school day
to an area vocational school or another school |
district's vocational
program more than 1 1/2 miles from the | ||
school attended, as provided in
Sections 10-22.20a and | ||
10-22.22, shall be reimbursed by the State for 4/5
of the cost | ||
of transporting eligible pupils.
| ||
School day means that period of time during which the pupil | ||
is required to be
in attendance for instructional purposes.
| ||
If a pupil is at a location within the school district | ||
other than his
residence for child care purposes at the time | ||
for transportation to school,
that location may be considered | ||
for purposes of determining the 1 1/2 miles
from the school | ||
attended.
| ||
Claims for reimbursement that include children who attend | ||
any school
other than a public school shall show the number of | ||
such children
transported.
| ||
Claims for reimbursement under this Section shall not be | ||
paid for the
transportation of pupils for whom transportation | ||
costs are claimed for
payment under other Sections of this Act.
| ||
The allowable direct cost of transporting pupils for | ||
regular, vocational,
and special education pupil | ||
transportation shall be limited to the sum of
the cost of | ||
physical examinations required for employment as a school bus
| ||
driver; the salaries of full-time full or part-time drivers and | ||
school bus maintenance
personnel; employee benefits excluding | ||
Illinois municipal retirement
payments, social security | ||
payments, unemployment insurance payments and
workers' | ||
compensation insurance premiums; expenditures to independent
|
carriers who operate school buses; payments to other school | ||
districts for
pupil transportation services; pre-approved | ||
contractual expenditures for
computerized bus scheduling; | ||
expenditures for housing assistance and homeless prevention | ||
under Sections 1-17 and 1-18 of the Education for Homeless | ||
Children Act that are not in excess of the school district's | ||
actual costs for providing transportation services and are not | ||
otherwise claimed in another State or federal grant that | ||
permits those costs to a parent, a legal guardian, any other | ||
person who enrolled a pupil, or a homeless assistance agency | ||
that is part of the federal McKinney-Vento Homeless Assistance | ||
Act's continuum of care for the area in which the district is | ||
located; the cost of gasoline, oil, tires, and other
supplies | ||
necessary for the operation of school buses; the cost of
| ||
converting buses' gasoline engines to more fuel efficient | ||
engines or to
engines which use alternative energy sources; the | ||
cost of travel to
meetings and workshops conducted by the | ||
regional superintendent or the
State Superintendent of | ||
Education pursuant to the standards established by
the | ||
Secretary of State under Section 6-106 of the Illinois Vehicle | ||
Code to improve the driving skills of
school bus drivers; the | ||
cost of maintenance of school buses including parts
and | ||
materials used; expenditures for leasing transportation | ||
vehicles,
except interest and service charges; the cost of | ||
insurance and licenses for
transportation vehicles; | ||
expenditures for the rental of transportation
equipment; plus a |
depreciation allowance of 20% for 5 years for school
buses and | ||
vehicles approved for transporting pupils to and from school | ||
and
a depreciation allowance of 10% for 10 years for other | ||
transportation
equipment so used.
Each school year, if a school | ||
district has made expenditures to the
Regional Transportation | ||
Authority or any of its service boards, a mass
transit | ||
district, or an urban transportation district under an
| ||
intergovernmental agreement with the district to provide for | ||
the
transportation of pupils and if the public transit carrier | ||
received direct
payment for services or passes from a school | ||
district within its service
area during the 2000-2001 school | ||
year, then the allowable direct cost of
transporting pupils for | ||
regular, vocational, and special education pupil
| ||
transportation shall also include the expenditures that the | ||
district has
made to the public transit carrier.
In addition to | ||
the above allowable costs school
districts shall also claim all | ||
transportation supervisory salary costs,
including Illinois | ||
municipal retirement payments, and all transportation
related | ||
building and building maintenance costs without limitation.
| ||
Special education allowable costs shall also include | ||
expenditures for the
salaries of attendants or aides for that | ||
portion of the time they assist
special education pupils while | ||
in transit and expenditures for parents and
public carriers for | ||
transporting special education pupils when pre-approved
by the | ||
State Superintendent of Education.
| ||
Indirect costs shall be included in the reimbursement claim |
for districts
which own and operate their own school buses. | ||
Such indirect costs shall
include administrative costs, or any | ||
costs attributable to transporting
pupils from their | ||
attendance centers to another school building for
| ||
instructional purposes. No school district which owns and | ||
operates its own
school buses may claim reimbursement for | ||
indirect costs which exceed 5% of
the total allowable direct | ||
costs for pupil transportation.
| ||
The State Board of Education shall prescribe uniform | ||
regulations for
determining the above standards and shall | ||
prescribe forms of cost
accounting and standards of determining | ||
reasonable depreciation. Such
depreciation shall include the | ||
cost of equipping school buses with the
safety features | ||
required by law or by the rules, regulations and standards
| ||
promulgated by the State Board of Education, and the Department | ||
of
Transportation for the safety and construction of school | ||
buses provided,
however, any equipment cost reimbursed by the | ||
Department of Transportation
for equipping school buses with | ||
such safety equipment shall be deducted
from the allowable cost | ||
in the computation of reimbursement under this
Section in the | ||
same percentage as the cost of the equipment is depreciated.
| ||
On or before August 15, annually, the chief school | ||
administrator for
the district shall certify to the State | ||
Superintendent of Education the
district's claim for | ||
reimbursement for the school year ending on June 30
next | ||
preceding. The State Superintendent of Education shall check |
and
approve the claims and prepare the vouchers showing the | ||
amounts due for
district reimbursement claims. Each fiscal | ||
year, the State
Superintendent of Education shall prepare and | ||
transmit the first 3
vouchers to the Comptroller on the 30th | ||
day of September, December and
March, respectively, and the | ||
final voucher, no later than June 20.
| ||
If the amount appropriated for transportation | ||
reimbursement is insufficient
to fund total claims for any | ||
fiscal year, the State Board of Education shall
reduce each | ||
school district's allowable costs and flat grant amount
| ||
proportionately to make total adjusted claims equal the total | ||
amount
appropriated.
| ||
For purposes of calculating claims for reimbursement under | ||
this Section
for any school year beginning July 1, 1998, or | ||
thereafter, the
equalized
assessed valuation for a school | ||
district used to compute reimbursement
shall be computed in the | ||
same manner as it is computed under paragraph (2) of
subsection | ||
(G) of Section 18-8.05.
| ||
All reimbursements received from the State shall be | ||
deposited into the
district's transportation fund or into the | ||
fund from which the allowable
expenditures were made.
| ||
Notwithstanding any other provision of law, any school | ||
district receiving
a payment under this Section or under | ||
Section 14-7.02, 14-7.02b, or
14-13.01 of this Code may | ||
classify all or a portion of the funds that it
receives in a | ||
particular fiscal year or from general State aid pursuant to
|
Section 18-8.05 of this Code
as funds received in connection | ||
with any funding program for which it is
entitled to receive | ||
funds from the State in that fiscal year (including,
without | ||
limitation, any funding program referenced in this Section),
| ||
regardless of the source or timing of the receipt. The district | ||
may not
classify more funds as funds received in connection | ||
with the funding
program than the district is entitled to | ||
receive in that fiscal year for that
program. Any
| ||
classification by a district must be made by a resolution of | ||
its board of
education. The resolution must identify the amount | ||
of any payments or
general State aid to be classified under | ||
this paragraph and must specify
the funding program to which | ||
the funds are to be treated as received in
connection | ||
therewith. This resolution is controlling as to the
| ||
classification of funds referenced therein. A certified copy of | ||
the
resolution must be sent to the State Superintendent of | ||
Education.
The resolution shall still take effect even though a | ||
copy of the resolution has
not been sent to the State
| ||
Superintendent of Education in a timely manner.
No
| ||
classification under this paragraph by a district shall affect | ||
the total amount
or timing of money the district is entitled to | ||
receive under this Code.
No classification under this paragraph | ||
by a district shall
in any way relieve the district from or | ||
affect any
requirements that otherwise would apply with respect | ||
to
that funding program, including any
accounting of funds by | ||
source, reporting expenditures by
original source and purpose,
|
reporting requirements,
or requirements of providing services.
| ||
Any school district with a population of not more than | ||
500,000
must deposit all funds received under this Article into | ||
the transportation
fund and use those funds for the provision | ||
of transportation services.
| ||
(Source: P.A. 100-332, eff. 8-25-17; 100-465, eff. 8-31-17; | ||
revised 9-22-17.)
| ||
(105 ILCS 5/32-7.3) (from Ch. 122, par. 32-7.3)
| ||
Sec. 32-7.3. Depositaries. The governing body of any | ||
special charter district, when requested by
the treasurer or | ||
custodian of the funds of the district, shall designate
one or | ||
more banks or savings and loan associations in which the funds
| ||
in the custody of the
treasurer or custodian may be kept. A | ||
bank or savings and loan association
designated as a depositary | ||
shall
continue as such until 10 days have elapsed after a new | ||
depositary is
designated and has qualified by furnishing the | ||
statements of resources and
liabilities as is required by this | ||
Section. When a new depositary is
designated, the board of | ||
education or other governing body shall notify the
sureties of | ||
the treasurer or custodian of that fact, in writing, at least 5
| ||
days before the transfer of funds. The treasurer or custodian | ||
shall be
discharged from responsibility for all funds which he | ||
deposits in a
depositary so designated while such funds are so | ||
deposited.
| ||
No bank or savings and loan association shall receive |
public funds as
permitted by this Section, unless it has | ||
complied with the requirements
established pursuant to Section | ||
6 of the Public Funds Investment Act "An Act relating to | ||
certain investments of public
funds by public agencies", | ||
approved July 23, 1943, as now or hereafter amended .
| ||
(Source: P.A. 83-541; revised 9-25-17.)
| ||
(105 ILCS 5/34-18.53) | ||
Sec. 34-18.53. Breastfeeding accommodations for pupils. | ||
(a) Each public school shall provide reasonable | ||
accommodations to a lactating pupil on a school campus to | ||
express breast milk, breastfeed an infant child, or address | ||
other needs related to breastfeeding. Reasonable | ||
accommodations under this Section include, but are not limited | ||
to, all of the following: | ||
(1) Access to a private and secure room, other than a | ||
restroom, to express breast milk or breastfeed an infant | ||
child. | ||
(2) Permission to bring onto a school campus a breast | ||
pump and any other equipment used to express breast milk. | ||
(3) Access to a power source for a breast pump or any | ||
other equipment used to express breast milk. | ||
(4) Access to a place to store expressed breast milk | ||
safely. | ||
(b) A lactating pupil on a school campus must be provided a | ||
reasonable amount of time to accommodate her need to express |
breast milk or breastfeed an infant child. | ||
(c) A public school shall provide the reasonable | ||
accommodations specified in subsections (a) and (b) of this | ||
Section only if there is at least one lactating pupil on the | ||
school campus. | ||
(d) A public school may use an existing facility to meet | ||
the requirements specified in subsection (a) of this Section. | ||
(e) A pupil may not incur an academic penalty as a result | ||
of her use, during the school day, of the reasonable | ||
accommodations specified in this Section and must be provided | ||
the opportunity to make up any work missed due to such use. | ||
(f) In instances where a student files a complaint of | ||
noncompliance with the requirements of this Section, the public | ||
school shall implement the grievance procedure of 23 Ill. Adm. | ||
Code 200, including appeals procedures.
| ||
(Source: P.A. 100-29, eff. 1-1-18.) | ||
(105 ILCS 5/34-18.54) | ||
Sec. 34-18.54 34-18.53 . Implicit bias training. | ||
(a) The General Assembly makes the following findings: | ||
(1) implicit racial bias influences evaluations of and | ||
behavior toward those who are the subject of the bias; | ||
(2) understanding implicit racial bias is needed in | ||
order to reduce that bias; | ||
(3) marginalized students would benefit from having | ||
access to educators who have worked to reduce their biases; |
and | ||
(4) training that helps educators overcome implicit | ||
racial bias has implication for classroom interactions, | ||
student evaluation, and classroom engagement; it also | ||
affects student academic self-concept. | ||
(b) The board shall require in-service training for school | ||
personnel to include training to develop cultural competency, | ||
including understanding and reducing implicit racial bias. | ||
(c) As used in this Section, "implicit racial bias" means a | ||
preference, positive or negative, for a racial or ethnic group | ||
that operates outside of awareness. This bias has 3 different | ||
components: affective, behavioral, and cognitive.
| ||
(Source: P.A. 100-14, eff. 7-1-17; revised 10-21-17.) | ||
(105 ILCS 5/34-18.55) | ||
Sec. 34-18.55 34-18.53 . Dual enrollment and dual credit | ||
notification. The board shall require the district's high | ||
schools to inform all 11th and 12th grade students of dual | ||
enrollment and dual credit opportunities at public community | ||
colleges for qualified students.
| ||
(Source: P.A. 100-133, eff. 1-1-18; revised 10-21-17.) | ||
(105 ILCS 5/34-18.56) | ||
Sec. 34-18.56 34-18.53 . Availability of feminine hygiene | ||
products. | ||
(a) The General Assembly finds the following: |
(1) Feminine hygiene products are a health care | ||
necessity and not an item that can be foregone or | ||
substituted easily. | ||
(2) Access to feminine hygiene products is a serious | ||
and ongoing need in this State. | ||
(3) When students do not have access to affordable | ||
feminine hygiene products, they may miss multiple days of | ||
school every month. | ||
(4) When students have access to quality feminine | ||
hygiene products, they are able to continue with their | ||
daily lives with minimal interruption. | ||
(b) In this Section: | ||
"Feminine hygiene products" means tampons and sanitary | ||
napkins for use in connection with the menstrual cycle. | ||
"School building" means any facility (i) that is owned or | ||
leased by the school district or over which the board has care, | ||
custody, and control and (ii) in which there is a public school | ||
serving students in grades 6 through 12. | ||
(c) The school district shall make feminine hygiene | ||
products available, at no cost to students, in the bathrooms of | ||
school buildings.
| ||
(Source: P.A. 100-163, eff. 1-1-18; revised 10-21-17.) | ||
(105 ILCS 5/34-18.57) | ||
Sec. 34-18.57 34-18.53 . Booking stations on school | ||
grounds. |
(a) There shall be no student booking station established | ||
or maintained on the grounds of any school. | ||
(b) This prohibition shall be applied to student booking | ||
stations only, as defined in this Section. The prohibition does | ||
not prohibit or affect the establishment or maintenance of any | ||
place operated by or under the control of law enforcement | ||
personnel, school resource officers, or other security | ||
personnel that does not also qualify as a student booking | ||
station as defined in paragraph (2) of subsection (d) of this | ||
Section. The prohibition does not affect or limit the powers | ||
afforded law enforcement officers to perform their duties | ||
within schools as otherwise prescribed by law. | ||
(c) When the underlying suspected or alleged criminal act | ||
is an act of violence, and isolation of a student or students | ||
is deemed necessary to the interest of public safety, and no | ||
other location is adequate for secure isolation of the student | ||
or students, offices as described in paragraph (1) of | ||
subsection (d) of this Section may be employed to detain | ||
students for a period no longer than that required to alleviate | ||
that threat to public safety. | ||
(d) As used in this Section, "student booking station" | ||
means a building, office, room, or any indefinitely established | ||
space or site, mobile or fixed, which operates concurrently as: | ||
(1) predominantly or regularly a place of operation for | ||
a municipal police department, county sheriff department, | ||
or other law enforcement agency, or under the primary |
control thereof; and | ||
(2) a site at which students are detained in connection | ||
with criminal charges or allegations against those | ||
students, taken into custody, or engaged with law | ||
enforcement personnel in any process that creates a law | ||
enforcement record of that contact with law enforcement | ||
personnel or processes.
| ||
(Source: P.A. 100-204, eff. 8-18-17; revised 10-21-17.) | ||
(105 ILCS 5/34-18.58) | ||
Sec. 34-18.58 34-18.53 . School social worker. The board may | ||
employ school social workers who have graduated with a master's | ||
or higher degree in social work from an accredited graduate | ||
school of social work and have such additional qualifications | ||
as may be required by the State Board of Education and who hold | ||
a Professional Educator License with a school support personnel | ||
endorsement for school social work pursuant to Section 21B-25 | ||
of this Code. Only persons so licensed and endorsed may use the | ||
title "school social worker". A school social worker may | ||
provide individual and group services to the general student | ||
population and to students with disabilities pursuant to | ||
Article 14 of this Code and rules set forth in 23 Ill. Adm. | ||
Code 226, Special Education, adopted by the State Board of | ||
Education and may provide support and consultation to | ||
administrators, teachers, and other school personnel | ||
consistent with their professional qualifications and the |
provisions of this Code and other applicable laws. The school | ||
district may employ a sufficient number of school social | ||
workers to address the needs of their students and schools and | ||
may maintain the nationally recommended student-to-school | ||
social worker ratio of 250 to 1. A school social worker may not | ||
provide such services outside his or her employment to any | ||
student in the district or districts that employ the school | ||
social worker.
| ||
(Source: P.A. 100-356, eff. 8-25-17; revised 10-21-17.) | ||
(105 ILCS 5/34-18.59) | ||
(This Section may contain text from a Public Act with a | ||
delayed effective date ) | ||
Sec. 34-18.59 34-18.53 . School-grown produce. The school | ||
district may serve students produce grown and harvested by | ||
students in school-owned facilities utilizing hydroponics or | ||
aeroponics or in school-owned or community gardens if the soil | ||
and compost in which the produce is grown meets the standards | ||
adopted in 35 Ill. Adm. Code 830.503, if applicable, and the | ||
produce is served in accordance with the standards adopted in | ||
77 Ill. Adm. Code 750.
| ||
(Source: P.A. 100-505, eff. 6-1-18; revised 10-21-17.) | ||
Section 285. The Education for Homeless Children Act is | ||
amended by changing Section 1-20 as follows:
|
(105 ILCS 45/1-20)
| ||
Sec. 1-20. Enrollment. If the parents or guardians of a | ||
homeless
child or youth choose to enroll the child in a school | ||
other than the school of
origin, that school immediately shall | ||
enroll the homeless child or youth even
if the child or youth | ||
is unable to produce records normally required for
enrollment, | ||
such as previous academic records, medical records, proof of
| ||
residency, or other documentation. Nothing in this Section | ||
subsection shall prohibit
school districts from requiring | ||
parents or guardians of a homeless child to
submit an address | ||
or such other contact information as the district may require
| ||
from parents or guardians of nonhomeless children. It shall be | ||
the duty
of the enrolling school to immediately contact the | ||
school last attended by the
child or youth to obtain relevant | ||
academic and other records. If the child
or youth must obtain | ||
immunizations, it shall be the duty of the enrolling
school to | ||
promptly refer the child or youth for those immunizations.
| ||
(Source: P.A. 88-634, eff. 1-1-95; 88-686, eff. 1-24-95; | ||
revised 9-25-17.)
| ||
Section 290. The Public Community College Act is amended by | ||
changing Section 3-20.5 as follows:
| ||
(110 ILCS 805/3-20.5) (from Ch. 122, par. 103-20.5)
| ||
Sec. 3-20.5.
(a) The board of each community college | ||
district shall
ascertain, as near as practicable, annually, how |
much money must be raised
by special tax for educational | ||
purposes and for operations and maintenance
of facilities | ||
purposes for the next ensuing year. Such amounts shall be
| ||
certified and returned to the county clerk on or before the | ||
last Tuesday in
December, annually. The certificate shall be | ||
signed by the chairman and
secretary, and may be in the | ||
following form:
| ||
CERTIFICATE OF TAX LEVY
| ||
We hereby certify that we require the sum of .... dollars | ||
to be levied
as a special tax for educational purposes, and the | ||
sum of .... dollars to
be levied as a special tax for | ||
operations and maintenance of facilities
purposes, on the | ||
equalized assessed value of the taxable property of our
| ||
district, for the year (insert year).
| ||
Signed on (insert date).
| ||
A .... B ...., Chairman
| ||
C .... D ...., Secretary
| ||
Community College Dist. No. ...., .... County (or Counties)
| ||
An amended certificate may be filed by the community | ||
college board within
10 days of receipt of official | ||
notification from the county clerk of the
multiplier that will | ||
be applied to assessed value of the taxable property
of the | ||
district, provided such multiplier will alter the amount of | ||
revenue
received by the district from either local or State | ||
sources.
|
A failure by the board to file the certificate with the | ||
county clerk in
the time required shall not vitiate the | ||
assessment.
| ||
(Source: P.A. 91-357, eff. 7-29-99; revised 11-8-17.)
| ||
Section 295. The Nursing Education Scholarship Law is | ||
amended by changing Section 3 as follows:
| ||
(110 ILCS 975/3) (from Ch. 144, par. 2753)
| ||
Sec. 3. Definitions. The following terms, whenever used or | ||
referred to, have the following
meanings except where the | ||
context clearly indicates otherwise:
| ||
(1) "Board" means the Board of Higher Education created by | ||
the Board
of Higher Education Act.
| ||
(2) "Department" means the Illinois Department of Public | ||
Health.
| ||
(3) "Approved institution" means a public community | ||
college, private
junior college, hospital-based diploma in | ||
nursing
program, or public or private
college or university | ||
with a pre-licensure nursing education program located in this | ||
State that has approval by the Department of Financial and | ||
Professional
Regulation for an associate degree in nursing
| ||
program,
associate degree in applied
sciences in nursing | ||
program, hospital-based diploma in nursing
program,
| ||
baccalaureate degree in nursing program, graduate degree in | ||
nursing program, or
certificate in a practical
nursing program |
or a post-licensure nursing education program approved by the | ||
Illinois Board of Higher Education or any successor agency with | ||
similar authority.
| ||
(4) "Baccalaureate degree in nursing program" means a | ||
program offered by
an
approved institution and leading to a | ||
bachelor of science degree in nursing.
| ||
(5) "Enrollment" means the establishment and maintenance | ||
of an
individual's status as a student in an approved | ||
institution, regardless of
the terms used at the institution to | ||
describe such status.
| ||
(6) "Academic year" means the period of time from September | ||
1 of one
year through August 31 of the next year or as | ||
otherwise defined by the
academic institution.
| ||
(7) "Associate degree in nursing program or hospital-based | ||
diploma in
nursing program" means a program
offered by an | ||
approved institution and leading to an associate
degree in
| ||
nursing, associate degree in applied sciences in nursing, or
| ||
hospital-based diploma in nursing.
| ||
(8) "Graduate degree in nursing program" means a program | ||
offered by an approved institution and leading to a master of | ||
science degree in nursing or a doctorate of philosophy or | ||
doctorate of nursing degree in nursing.
| ||
(9) "Director" means the Director of the Illinois | ||
Department of Public
Health.
| ||
(10) "Accepted for admission" means a student has completed | ||
the
requirements for entry into an associate degree in nursing |
program,
associate degree in applied sciences in nursing | ||
program, hospital-based
diploma in nursing program,
| ||
baccalaureate degree in nursing program, graduate degree in | ||
nursing program, or
certificate in practical nursing program at | ||
an approved institution, as
documented by the
institution.
| ||
(11) "Fees" means those mandatory charges, in addition to | ||
tuition, that
all enrolled students must pay, including | ||
required course or lab fees.
| ||
(12) "Full-time student" means a student enrolled for at | ||
least 12 hours
per
term or as otherwise determined by the | ||
academic institution.
| ||
(13) "Law" means the Nursing Education Scholarship Law.
| ||
(14) "Nursing employment obligation" means employment in | ||
this State as a
registered
professional
nurse, licensed | ||
practical nurse, or advanced practice registered nurse in | ||
direct patient care
for at least one year for each year of | ||
scholarship assistance received through
the Nursing
Education | ||
Scholarship Program.
| ||
(15) "Part-time student" means a person who is enrolled for | ||
at least
one-third of the number of hours required per term by | ||
a school for its
full-time students.
| ||
(16) "Practical nursing program" means a program offered by | ||
an approved
institution leading to a certificate in practical | ||
nursing.
| ||
(17) "Registered professional nurse" means a
person who is | ||
currently licensed as a registered professional nurse
by the |
Department of Professional
Regulation under the Nurse Practice | ||
Act.
| ||
(18) "Licensed practical nurse" means a
person who is | ||
currently licensed as a licensed practical nurse
by the | ||
Department of Professional
Regulation under the Nurse Practice | ||
Act.
| ||
(19) "School term" means an academic term, such as a | ||
semester, quarter,
trimester, or number of clock hours, as | ||
defined by an approved institution.
| ||
(20) "Student in good standing" means a student maintaining | ||
a cumulative
grade point average equivalent to at least the | ||
academic grade of a "C".
| ||
(21) "Total and permanent disability" means a physical or | ||
mental impairment,
disease, or loss of a permanent nature that | ||
prevents nursing employment with or
without reasonable | ||
accommodation. Proof of disability shall be a declaration
from | ||
the social security administration, Illinois Workers' | ||
Compensation Commission,
Department of Defense, or an insurer | ||
authorized to transact business in
Illinois who is providing | ||
disability insurance coverage to a contractor.
| ||
(22) "Tuition" means the established charges of an | ||
institution of higher
learning for instruction at that | ||
institution.
| ||
(23) "Nurse educator" means a person who is currently | ||
licensed as a registered nurse by the Department of | ||
Professional Regulation under the Nurse Practice Act, who has a |
graduate degree in nursing, and who is employed by an approved | ||
academic institution to educate registered nursing students, | ||
licensed practical nursing students, and registered nurses | ||
pursuing graduate degrees.
| ||
(24) "Nurse educator employment obligation" means | ||
employment in this State as a nurse educator for at least 2 | ||
years for each year of scholarship assistance received under | ||
Section 6.5 of this Law. | ||
Rulemaking authority to implement Public Act 96-805 this | ||
amendatory Act of the 96th General Assembly , if any, is | ||
conditioned on the rules being adopted in accordance with all | ||
provisions of the Illinois Administrative Procedure Act and all | ||
rules and procedures of the Joint Committee on Administrative | ||
Rules; any purported rule not so adopted, for whatever reason, | ||
is unauthorized. | ||
(Source: P.A. 100-183, eff. 8-18-17; 100-513, eff. 1-1-18; | ||
revised 9-22-17.)
| ||
Section 300. The Student Loan Servicing Rights Act is | ||
amended by changing Section 20-50 as follows: | ||
(110 ILCS 992/20-50) | ||
(This Section may contain text from a Public Act with a | ||
delayed effective date )
| ||
Sec. 20-50. Confidentiality. | ||
(a) In order to promote more effective regulation and |
reduce regulatory burden through supervisory information | ||
sharing, except as otherwise provided in federal Public Law | ||
110-289, Section 1512, the requirements under any federal law | ||
or State law regarding the privacy or confidentiality of any | ||
information or material provided to the Nationwide Mortgage | ||
Licensing System and Registry, and any privilege arising under | ||
federal or State law, including the rules of any federal or | ||
State court, with respect to such information or material, | ||
shall continue to apply to information or material after the | ||
information or material has been disclosed to the Nationwide | ||
Mortgage Licensing System and Registry. The information and | ||
material may be shared with all State and federal regulatory | ||
officials with student loan industry oversight authority | ||
without the loss of privilege or the loss of confidentiality | ||
protections provided by federal law or State law. | ||
(b) In order to promote more effective regulation and | ||
reduce regulatory burden through supervisory information | ||
sharing, the Secretary is authorized to enter into agreements | ||
or sharing arrangements with other governmental agencies, the | ||
Conference of State Bank Supervisors or other associations | ||
representing governmental agencies as established by rule, | ||
regulation, or order of the Secretary. The sharing of | ||
confidential supervisory information or any information or | ||
material described in subsection (a) of this Section pursuant | ||
to an agreement or sharing arrangement shall not result in the | ||
loss of privilege or the loss of confidentiality protections |
provided by federal law or State law. | ||
(c) In order to promote more effective regulation and | ||
reduce regulatory burden through supervisory information | ||
sharing, information or material that is subject to a privilege | ||
or confidentiality under subsection (a) of this Section shall | ||
not be subject to the following: | ||
(1) disclosure under any State law governing the
| ||
disclosure to the public of information held by an officer | ||
or an agency of the State; or | ||
(2) subpoena or discovery, or admission into
evidence, | ||
in any private civil action or administrative process, | ||
unless with respect to any privilege held by the Nationwide | ||
Mortgage Licensing System and Registry with respect to the | ||
information or material, the person to whom such | ||
information or material pertains waives, in whole or in | ||
part, in the discretion of that person, that privilege. | ||
(d) In order to promote more effective regulation and | ||
reduce regulatory burden through supervisory information | ||
sharing, any other law relating to the disclosure of | ||
confidential supervisory information or any information or | ||
material described in subsection (a) of this Section that is | ||
inconsistent with subsection (a) of this Section shall be | ||
superseded by the requirements of this Section to the extent | ||
the other law provides less confidentiality or a weaker | ||
privilege.
| ||
(Source: P.A. 100-540, eff. 12-31-18; revised 12-14-17.) |
Section 305. The Illinois Banking Act is amended by | ||
changing Sections 5 and 48.3 as follows:
| ||
(205 ILCS 5/5) (from Ch. 17, par. 311)
| ||
Sec. 5. General corporate powers. A bank organized under | ||
this Act
or subject hereto shall be a body corporate and | ||
politic and shall,
without specific mention thereof in the | ||
charter, have all the powers
conferred by this Act and the | ||
following additional general corporate
powers:
| ||
(1) To sue and be sued, complain, and defend in its | ||
corporate name.
| ||
(2) To have a corporate seal, which may be altered at | ||
pleasure, and
to use the same by causing it or a facsimile | ||
thereof to be impressed or
affixed or in any manner | ||
reproduced, provided that the affixing of a
corporate
seal | ||
to an instrument shall not give the instrument additional | ||
force or effect,
or change the construction thereof, and | ||
the use of a corporate seal is not
mandatory.
| ||
(3) To make, alter, amend, and repeal bylaws, not | ||
inconsistent with
its charter or with law, for the | ||
administration of the affairs of the bank.
If this Act does | ||
not provide specific guidance in matters of corporate
| ||
governance, the provisions of the Business Corporation Act | ||
of 1983 may be
used if so provided in the bylaws, and if | ||
the bank is a limited liability
company, the provisions of |
the Limited Liability Company Act shall be used.
| ||
(4) To elect or appoint and remove officers and agents | ||
of the bank
and define their duties and fix their | ||
compensation.
| ||
(5) To adopt and operate reasonable bonus plans, | ||
profit-sharing
plans, stock-bonus plans, stock-option | ||
plans, pension plans , and similar
incentive plans for its | ||
directors, officers and employees.
| ||
(5.1) To manage, operate , and administer a fund for the | ||
investment of funds
by a public agency or agencies, | ||
including any unit of local government or
school district, | ||
or any person. The fund for a public agency shall invest in
| ||
the same type of investments and be subject to the same | ||
limitations provided
for the investment of public funds. | ||
The fund for public agencies shall
maintain a separate | ||
ledger showing the amount of investment for each public
| ||
agency in the fund. "Public funds" and "public agency" as | ||
used in this Section
shall have the meanings ascribed to | ||
them in Section 1 of the Public Funds
Investment Act.
| ||
(6) To make reasonable donations for the public welfare | ||
or for charitable,
scientific, religious or educational | ||
purposes.
| ||
(7) To borrow or incur an obligation; and to pledge its | ||
assets:
| ||
(a) to secure its borrowings, its lease of personal | ||
or real property or
its other nondeposit obligations;
|
(b) to enable it to act as agent for the sale of | ||
obligations of the
United States;
| ||
(c) to secure deposits of public money of the | ||
United States,
whenever required by the laws of the | ||
United States, including , without
being limited to, | ||
revenues and funds the deposit of which is subject to
| ||
the control or regulation of the United States or any | ||
of its officers,
agents, or employees and Postal | ||
Savings funds;
| ||
(d) to secure deposits of public money of any state | ||
or of any
political corporation or subdivision | ||
thereof ,
including, without being limited to, revenues | ||
and funds the deposit of which
is subject to the | ||
control or regulation of any state or of any political
| ||
corporation or subdivisions thereof or of any of their | ||
officers, agents, or
employees;
| ||
(e) to secure deposits of money whenever required | ||
by the National
Bankruptcy Act;
| ||
(f) (blank); and
| ||
(g) to secure trust funds commingled with the | ||
bank's funds, whether
deposited by the bank or an | ||
affiliate of the bank, pursuant to Section 2-8 of
the | ||
Corporate Fiduciary Act.
| ||
(8) To own, possess, and carry as assets all or part of | ||
the real
estate necessary in or with which to do its | ||
banking business, either
directly or indirectly through |
the ownership of all or part of the
capital stock, shares | ||
or interests in any corporation, association,
trust | ||
engaged in holding any part or parts or all of the bank
| ||
premises, engaged in such business and in conducting a safe
| ||
deposit business in the premises or part of them, or | ||
engaged in any activity
that the bank is permitted to | ||
conduct in a subsidiary pursuant to paragraph
(12) of this | ||
Section 5.
| ||
(9) To own, possess, and carry as assets other real | ||
estate to
which it may obtain title in the collection of | ||
its debts or that was
formerly used as a part of the bank | ||
premises, but title to
any real estate except as herein | ||
permitted shall not be retained by the
bank, either | ||
directly or by or through a subsidiary, as permitted by
| ||
subsection (12) of this Section for a total period of more | ||
than 10
years
after acquiring title, either directly or | ||
indirectly.
| ||
(10) To do any act, including the acquisition of stock, | ||
necessary to
obtain insurance of its deposits, or part | ||
thereof, and any act necessary
to obtain a guaranty, in | ||
whole or in part, of any of its loans or
investments by the | ||
United States or any agency thereof, and any act
necessary | ||
to sell or otherwise dispose of any of its loans or
| ||
investments to the United States or any agency thereof, and | ||
to acquire
and hold membership in the Federal Reserve | ||
System.
|
(11) Notwithstanding any other provisions of this Act | ||
or any
other law, to do any act
and to own, possess, and | ||
carry as assets property of the character,
including stock, | ||
that is at the time authorized or permitted to
national | ||
banks by an Act of Congress, but subject always to the same
| ||
limitations and restrictions as are applicable to national | ||
banks by the
pertinent federal law and subject to | ||
applicable provisions of the
Financial Institutions | ||
Insurance Sales Law.
| ||
(12) To own, possess, and carry as assets stock of one | ||
or more
corporations that is, or are, engaged in one or | ||
more of the
following businesses:
| ||
(a) holding title to and administering assets | ||
acquired
as a result of the collection or liquidating | ||
of loans, investments, or
discounts; or
| ||
(b) holding title to and administering personal | ||
property acquired by
the bank, directly or indirectly | ||
through a subsidiary, for the
purpose of leasing to | ||
others, provided the lease or leases and the
investment | ||
of the bank, directly or through a subsidiary, in that
| ||
personal property otherwise comply with Section 35.1 | ||
of this Act; or
| ||
(c) carrying on or administering any of the | ||
activities excepting the
receipt of deposits or the | ||
payment of checks or other orders for the
payment of | ||
money in which a bank may engage in carrying on its |
general
banking business; provided, however, that | ||
nothing contained in this
paragraph (c) shall be deemed | ||
to permit a bank organized under this Act or
subject | ||
hereto to do, either directly or indirectly through any
| ||
subsidiary, any act, including the making of any loan | ||
or investment, or to
own, possess, or carry as assets | ||
any property that if done by or owned,
possessed, or | ||
carried by the State bank would be in violation of or
| ||
prohibited by any provision of this Act.
| ||
The provisions of this subsection (12) shall not apply | ||
to and shall not
be deemed to limit the powers of a State | ||
bank with respect to the
ownership, possession, and | ||
carrying of stock that a State bank is permitted to
own, | ||
possess, or carry under this Act.
| ||
Any bank intending to establish a subsidiary under this | ||
subsection
(12) shall give written notice to the | ||
Commissioner 60 days prior to the
subsidiary's commencing | ||
of business or, as the case may be, prior to
acquiring | ||
stock in a corporation that has already commenced business. | ||
After
receiving the notice, the Commissioner may waive or | ||
reduce the balance of the
60-day 60 day notice period. The
| ||
Commissioner may specify the form of the notice, may | ||
designate the types of subsidiaries not subject to this | ||
notice requirement, and may promulgate rules
and | ||
regulations to administer this subsection (12).
| ||
(13) To accept for payment at a future date not |
exceeding one year
from the date of acceptance, drafts | ||
drawn upon it by its customers; and
to issue, advise, or | ||
confirm letters of credit authorizing the holders
thereof | ||
to draw drafts upon it or its correspondents.
| ||
(14) To own and lease personal property acquired by the | ||
bank at the
request of a prospective lessee and upon the | ||
agreement of that person to
lease the personal property | ||
provided that the lease, the agreement
with respect | ||
thereto, and the amount of the investment of the bank in
| ||
the property comply with Section 35.1 of this Act.
| ||
(15)(a) To establish and maintain, in addition to the | ||
main
banking premises, branches offering any banking | ||
services permitted at the main
banking premises of a State | ||
bank.
| ||
(b) To establish and maintain, after May 31, 1997, | ||
branches in
another state that may conduct any activity in | ||
that state that is authorized or
permitted for any bank | ||
that has a banking charter issued by that state, subject
to | ||
the same limitations and restrictions that are applicable | ||
to banks chartered
by that state.
| ||
(16) (Blank).
| ||
(17) To establish and maintain terminals, as | ||
authorized by the
Electronic Fund Transfer Act.
| ||
(18) To establish and maintain temporary service | ||
booths at any
International Fair held in this State which | ||
is approved by the United
States Department of Commerce, |
for the duration of the international fair
for the sole | ||
purpose of providing a convenient place for foreign trade
| ||
customers at the fair to exchange their home countries' | ||
currency into
United States currency or the converse. This | ||
power shall not be construed
as establishing a new place or | ||
change of location for the bank providing
the service | ||
booth.
| ||
(19) To indemnify its officers, directors, employees, | ||
and
agents, as authorized for corporations under Section | ||
8.75 of the
Business Corporation Act of 1983.
| ||
(20) To own, possess, and carry as assets stock of, or | ||
be or become a
member of, any corporation, mutual company, | ||
association, trust, or other
entity formed exclusively for | ||
the purpose of providing directors' and
officers' | ||
liability and bankers' blanket bond insurance or | ||
reinsurance
to and for the benefit of the stockholders, | ||
members, or beneficiaries, or their
assets or businesses, | ||
or their officers, directors, employees, or agents, and
not | ||
to or for the benefit of any other person or entity or the | ||
public
generally.
| ||
(21) To make debt or equity investments in corporations | ||
or projects,
whether for profit or not for profit, designed | ||
to promote the development
of the community and its | ||
welfare, provided that the aggregate investment in
all of | ||
these corporations and in all of these projects does not | ||
exceed 10% of
the
unimpaired capital and unimpaired surplus |
of the bank and provided that
this
limitation shall not | ||
apply to creditworthy loans by the bank to those
| ||
corporations or projects. Upon written application to the | ||
Commissioner, a
bank may make an investment that would, | ||
when aggregated with all other
such investments, exceed 10% | ||
of the unimpaired capital and
unimpaired
surplus of the
| ||
bank. The Commissioner may approve the investment if he is | ||
of the opinion
and finds that the proposed investment will | ||
not have a material adverse
effect on the safety and | ||
soundness of the bank.
| ||
(22) To own, possess, and carry as assets the stock of | ||
a corporation
engaged in the ownership or operation of a | ||
travel agency or to operate a
travel agency as a part of | ||
its business.
| ||
(23) With respect to affiliate facilities:
| ||
(a) to conduct at affiliate facilities for and on | ||
behalf of another
commonly owned bank, if so
authorized | ||
by the other bank, all transactions that the other bank | ||
is
authorized or permitted to perform; and
| ||
(b) to authorize a commonly owned bank to conduct | ||
for and on behalf of
it any of the transactions it is | ||
authorized or permitted to perform at one or
more
| ||
affiliate facilities.
| ||
Any bank intending to conduct or to authorize a | ||
commonly owned bank to
conduct at an affiliate facility any | ||
of the transactions specified in this
paragraph (23) shall |
give written notice to the Commissioner at least 30
days | ||
before any such transaction is conducted at the affiliate | ||
facility.
| ||
(24) To act as the agent for any fire, life, or other | ||
insurance company
authorized by the State of Illinois, by | ||
soliciting and selling insurance and
collecting premiums | ||
on policies issued by such company; and to
receive for | ||
services so rendered such fees or commissions as may be | ||
agreed upon
between the bank and the insurance company for | ||
which it may act as
agent; provided, however, that no such | ||
bank shall in any case assume or
guarantee the payment of | ||
any premium on insurance policies issued through its
agency | ||
by its principal; and provided further, that the bank shall | ||
not
guarantee the truth of any statement made by an assured | ||
in filing his
application for insurance.
| ||
(25) Notwithstanding any other provisions of this Act | ||
or any other law,
to offer any product or service that is | ||
at the time authorized or permitted to
any insured savings | ||
association or out-of-state bank by applicable law,
| ||
provided that powers
conferred only by this subsection | ||
(25):
| ||
(a) shall always be subject to the same limitations | ||
and restrictions that
are applicable to the insured | ||
savings association or out-of-state bank for
the | ||
product or service by
such applicable law;
| ||
(b) shall be subject to applicable provisions of |
the Financial
Institutions Insurance Sales Law;
| ||
(c) shall not include the right to own or conduct a | ||
real estate brokerage
business for which a license | ||
would be required under the laws of this State;
and
| ||
(d) shall not be construed to include the | ||
establishment or maintenance of
a branch, nor shall | ||
they be construed to limit the establishment or | ||
maintenance
of a branch pursuant to subsection (11).
| ||
Not less than 30 days before engaging in any activity | ||
under the authority
of this subsection, a bank shall | ||
provide written notice to the Commissioner of
its intent to | ||
engage in the activity. The notice shall indicate the | ||
specific
federal or state law, rule, regulation, or | ||
interpretation the bank intends to
use as authority to | ||
engage in the activity.
| ||
(26) Nothing in this Section shall be construed to require | ||
the filing of a notice or application for approval with the | ||
United States Office of the Comptroller of the Currency or a | ||
bank supervisor of another state as a condition to the right of | ||
a State bank to exercise any of the powers conferred by this | ||
Section in this State. | ||
(Source: P.A. 98-44, eff. 6-28-13; 99-362, eff. 8-13-15; | ||
revised 10-5-17.)
| ||
(205 ILCS 5/48.3) (from Ch. 17, par. 360.2)
| ||
Sec. 48.3. Disclosure of reports of examinations
and |
confidential
supervisory information;
limitations. | ||
(a) Any report of examination, visitation, or | ||
investigation prepared by
the Secretary under this Act, the | ||
Electronic Fund Transfer
Act, the Corporate Fiduciary Act, the
| ||
Illinois Bank Holding Company Act of 1957, and the Foreign
| ||
Banking Office Act, any report of examination, visitation, or
| ||
investigation prepared by the state regulatory
authority of | ||
another state that examines a branch of an Illinois State bank | ||
in
that state, any document or record prepared or obtained in
| ||
connection with or relating to any
examination, visitation, or | ||
investigation, and any record prepared or
obtained by the | ||
Secretary to the extent that the record summarizes or
contains | ||
information derived from any report, document, or record | ||
described
in this subsection shall be deemed "confidential | ||
supervisory information".
Confidential
supervisory information | ||
shall not include any information or record
routinely prepared | ||
by a bank or other financial institution and maintained in
the | ||
ordinary course of business or any information or record that | ||
is required
to be made publicly available pursuant to State or | ||
federal law or rule.
Confidential supervisory information
| ||
shall be the property of the Secretary and shall only be
| ||
disclosed under the circumstances and for the purposes set | ||
forth in this
Section.
| ||
The Secretary may
disclose
confidential supervisory | ||
information only under the following circumstances:
| ||
(1) The Secretary may furnish confidential supervisory |
information
to the Board of Governors of the
Federal | ||
Reserve System, the federal reserve bank of the federal | ||
reserve
district in which the State bank is located or in | ||
which the parent or other
affiliate of the State bank is | ||
located, any official or examiner
thereof duly accredited | ||
for the purpose, or any other state regulator, federal
| ||
regulator, or in the case of a foreign bank possessing a | ||
certificate of
authority pursuant to the Foreign Banking | ||
Office Act or a license pursuant to
the Foreign Bank | ||
Representative Office Act, the bank regulator in the | ||
country
where the foreign bank is chartered,
that the | ||
Secretary determines to have an appropriate
regulatory | ||
interest. Nothing contained in this Act shall be construed | ||
to
limit the obligation of any member State bank to comply | ||
with the
requirements relative to examinations and reports | ||
of the Federal Reserve
Act and of the Board of Governors of | ||
the Federal Reserve System or the
federal reserve bank of | ||
the federal reserve district in which the bank is
located, | ||
nor to limit in any way the powers of the Secretary with
| ||
reference to examinations and reports.
| ||
(2) The Secretary may furnish confidential supervisory | ||
information
to the United States, any agency
thereof that | ||
has insured a bank's deposits in whole or in part, or any | ||
official
or examiner thereof duly accredited for the | ||
purpose. Nothing contained in this Act shall be
construed | ||
to limit the obligation relative to examinations and |
reports of any
State bank, deposits in which are to any | ||
extent insured by the United States,
any agency thereof, | ||
nor to limit in any way the powers of the Secretary with
| ||
reference to examination and reports of such bank.
| ||
(2.5) The Secretary may furnish confidential | ||
supervisory information to a Federal Home Loan Bank in | ||
connection with any bank that is a member of the Federal | ||
Home Loan Bank or in connection with any application by the | ||
bank before the Federal Home Loan Bank. The confidential | ||
supervisory information shall remain the property of the | ||
Secretary and may not be further disclosed without the | ||
Secretary's permission. | ||
(3) The Secretary may furnish
confidential supervisory
| ||
information
to the appropriate law
enforcement authorities | ||
when the Secretary reasonably believes a
bank, which
the | ||
Secretary has
caused to be examined, has been a victim of a | ||
crime.
| ||
(4) The Secretary may furnish confidential supervisory | ||
information
relating to a bank or other
financial | ||
institution, which the Secretary has caused to be
examined, | ||
to be sent to the
administrator of the Revised Uniform | ||
Unclaimed Property Act.
| ||
(5) The Secretary may furnish
confidential supervisory
| ||
information relating to a bank or other
financial | ||
institution, which
the Secretary has caused to be examined, | ||
relating to its
performance of obligations under the |
Illinois Income Tax Act and the
Illinois Estate and | ||
Generation-Skipping Transfer Tax Act to the Illinois
| ||
Department of Revenue.
| ||
(6) The Secretary may furnish
confidential supervisory
| ||
information relating to a bank or other
financial | ||
institution, which
the Secretary has caused to be examined, | ||
under the
federal Currency and Foreign Transactions | ||
Reporting Act,
Title 31, United States Code, Section 1051 | ||
et seq.
| ||
(6.5) The Secretary may furnish
confidential | ||
supervisory
information to any other agency or entity that | ||
the Secretary determines
to
have a legitimate regulatory | ||
interest.
| ||
(7) The Secretary may furnish
confidential supervisory
| ||
information under any other
statute that by its terms or by | ||
regulations promulgated thereunder
requires the disclosure | ||
of financial records other than by subpoena,
summons, | ||
warrant, or court order.
| ||
(8) At the request of the affected bank or other | ||
financial institution,
the Secretary may furnish
| ||
confidential supervisory
information relating to a bank or | ||
other financial
institution, which
the Secretary has | ||
caused to be examined, in connection with the
obtaining of | ||
insurance coverage or the pursuit of an insurance claim for | ||
or on
behalf of the bank or other financial institution; | ||
provided that, when
possible, the Secretary shall disclose |
only relevant information while
maintaining the | ||
confidentiality of financial records not relevant to such
| ||
insurance coverage or claim and, when appropriate, may | ||
delete identifying data
relating to any person or | ||
individual.
| ||
(9) The Secretary may furnish a copy of a report of any | ||
examination
performed by the Secretary of the condition and | ||
affairs of any
electronic data processing entity to the | ||
banks serviced by the electronic
data processing entity.
| ||
(10) In addition to the foregoing circumstances, the | ||
Secretary may,
but is not required to, furnish
confidential | ||
supervisory information under the same circumstances | ||
authorized for
the bank or financial
institution pursuant | ||
to subsection
(b) of this Section, except that the | ||
Secretary shall provide
confidential supervisory | ||
information under circumstances described in paragraph (3) | ||
of
subsection (b) of this Section only upon the request of | ||
the bank or other
financial institution.
| ||
(b) A bank or other financial institution or its officers, | ||
agents, and
employees may disclose
confidential supervisory | ||
information only under the
following circumstances:
| ||
(1) to the board of directors of the bank or other | ||
financial institution,
as well as the president, | ||
vice-president, cashier, and other officers of the
bank or | ||
other financial institution to whom the board of directors | ||
may delegate
duties with respect to compliance with |
recommendations for action, and to the board of directors | ||
of a bank holding company that owns at
least 80% of the | ||
outstanding stock of the bank or other financial | ||
institution;
| ||
(2) to attorneys for the bank or other financial | ||
institution and to a
certified public accountant engaged by | ||
the State bank or financial
institution to perform an | ||
independent audit provided that the attorney or
certified | ||
public accountant shall not permit the
confidential | ||
supervisory
information to be further disseminated;
| ||
(3) to any person who seeks to acquire a controlling | ||
interest in, or who
seeks to merge with, the
bank or | ||
financial institution, provided that all attorneys, | ||
certified public
accountants, officers, agents, or | ||
employees of that person shall agree to be
bound to respect | ||
the confidentiality of the
confidential supervisory
| ||
information and to not further disseminate the information | ||
therein contained;
| ||
(3.5) to a Federal Home Loan Bank of which it is a | ||
member; | ||
(4) (blank); or
| ||
(5) to the bank's insurance company in relation to an | ||
insurance
claim or
the effort by the bank to procure | ||
insurance coverage, provided that, when
possible, the bank | ||
shall disclose only information that is relevant to the
| ||
insurance claim or that is necessary to procure the |
insurance coverage, while
maintaining the confidentiality | ||
of financial information pertaining to
customers. When | ||
appropriate, the bank may delete identifying data relating | ||
to
any person.
| ||
The disclosure of confidential supervisory information by | ||
a bank or other
financial institution pursuant to this | ||
subsection (b) and the disclosure of
information to the | ||
Secretary or other regulatory agency in connection with
any | ||
examination, visitation, or investigation shall not constitute | ||
a waiver of
any legal privilege otherwise available to the bank | ||
or other financial
institution with respect to the information.
| ||
(c) (1) Notwithstanding any other provision of this Act
or | ||
any other law, confidential supervisory information shall be | ||
the property of
the Secretary and shall be privileged from | ||
disclosure to any person except
as provided in this Section. No | ||
person in possession of confidential
supervisory information | ||
may disclose that information for any reason or under
any | ||
circumstances not specified in this Section without the prior | ||
authorization
of the Secretary. Any person upon whom a demand | ||
for production of confidential
supervisory information is | ||
made, whether by subpoena, order, or other judicial
or | ||
administrative process, must withhold production of the | ||
confidential
supervisory information and must notify the | ||
Secretary of the demand, at
which time the Secretary is | ||
authorized to intervene for the purpose of
enforcing the | ||
limitations of this Section or seeking the withdrawal or
|
termination of the attempt to compel production of the | ||
confidential
supervisory information.
| ||
(2) Any request for discovery or disclosure of confidential | ||
supervisory
information, whether by subpoena, order, or other | ||
judicial or administrative
process, shall be made to the | ||
Secretary, and the Secretary shall
determine within 15 days | ||
whether to disclose the information pursuant to
procedures and | ||
standards that the Secretary shall establish by rule. If the | ||
Secretary
determines that such information will not be | ||
disclosed, the Secretary's
decision shall be subject to | ||
judicial review under the
provisions of the Administrative | ||
Review Law, and venue shall be in either
Sangamon County or | ||
Cook County.
| ||
(3) Any court order that compels disclosure of confidential | ||
supervisory
information may be immediately appealed by the | ||
Secretary, and the order
shall
be automatically stayed pending | ||
the outcome of the appeal.
| ||
(d) If any officer, agent, attorney, or employee of a bank | ||
or
financial institution knowingly and willfully furnishes
| ||
confidential supervisory information in violation of this | ||
Section, the Secretary
may impose a
civil monetary penalty up | ||
to $1,000 for the violation against
the officer, agent, | ||
attorney, or employee.
| ||
(Source: P.A. 100-22, eff 1-1-18; 100-64, eff. 8-11-17; revised | ||
10-5-17.)
|
Section 310. The Savings Bank Act is amended by changing | ||
Section 9012 as follows:
| ||
(205 ILCS 205/9012) (from Ch. 17, par. 7309-12)
| ||
Sec. 9012. Disclosure of reports of examinations and | ||
confidential
supervisory information; limitations. | ||
(a) Any report of examination, visitation, or | ||
investigation prepared by
the Secretary
under this Act, any | ||
report of examination, visitation, or investigation
prepared | ||
by the state
regulatory authority of another state that | ||
examines a branch of an Illinois
State savings bank in
that | ||
state, any document or record prepared or obtained in | ||
connection with or
relating to any
examination, visitation, or | ||
investigation, and any record prepared or obtained
by the | ||
Secretary
to the extent that the record summarizes or contains | ||
information
derived from
any report, document, or record | ||
described in this subsection shall be deemed
confidential
| ||
supervisory information. "Confidential supervisory | ||
information" shall not
include any information or
record | ||
routinely prepared by a savings bank and maintained in the | ||
ordinary
course of business or any
information or record that | ||
is required to be made publicly available pursuant
to State or | ||
federal law
or rule. Confidential supervisory information | ||
shall be the property of the Secretary
and shall
only be | ||
disclosed under the circumstances and for the purposes set | ||
forth in
this Section.
|
The Secretary may disclose confidential supervisory | ||
information only under
the following
circumstances:
| ||
(1) The Secretary may furnish confidential supervisory | ||
information to
federal and state
depository institution | ||
regulators, or any official or examiner thereof duly
| ||
accredited for the
purpose. Nothing contained in this Act | ||
shall be construed to limit the
obligation of any savings
| ||
bank to comply with the requirements relative to | ||
examinations and reports nor
to limit in any way
the powers | ||
of the Secretary relative to examinations and reports.
| ||
(2) The Secretary may furnish confidential supervisory | ||
information to
the United
States or any agency thereof that | ||
to any extent has insured a savings bank's
deposits, or any
| ||
official or examiner thereof duly accredited for the | ||
purpose. Nothing contained
in this Act shall be
construed | ||
to limit the obligation relative to examinations and | ||
reports of any
savings bank
in which deposits are to any | ||
extent insured by the United States or any agency
thereof
| ||
nor to limit in any way
the powers of the Secretary with | ||
reference to examination and reports of the
savings bank.
| ||
(2.5) The Secretary may furnish confidential | ||
supervisory information to a Federal Home Loan Bank in | ||
connection with any savings bank that is a member of the | ||
Federal Home Loan Bank or in connection with any | ||
application by the savings bank before the Federal Home | ||
Loan Bank. The confidential supervisory information shall |
remain the property of the Secretary and may not be further | ||
disclosed without the Secretary's permission. | ||
(3) The Secretary may furnish confidential supervisory | ||
information to
the appropriate
law enforcement authorities | ||
when the Secretary reasonably believes a savings
bank, | ||
which the Secretary
has caused to be examined, has been a | ||
victim of a crime.
| ||
(4) The Secretary may furnish confidential supervisory | ||
information
related
to a
savings bank, which the Secretary | ||
has caused to be examined, to the
administrator of the
| ||
Revised Uniform Unclaimed Property Act.
| ||
(5) The Secretary may furnish confidential supervisory | ||
information
relating to a
savings bank, which the Secretary | ||
has caused to be examined, relating to its
performance
of | ||
obligations under the Illinois Income Tax Act and the | ||
Illinois Estate and
Generation-Skipping
Transfer Tax Act | ||
to the Illinois Department of Revenue.
| ||
(6) The Secretary may furnish confidential supervisory | ||
information
relating to a
savings bank, which the Secretary | ||
has caused to be examined, under the
federal Currency
and | ||
Foreign Transactions Reporting Act, 31 United States Code, | ||
Section
1051 et seq.
| ||
(7) The Secretary may furnish confidential supervisory | ||
information to
any other agency
or entity that the | ||
Secretary determines to have a legitimate regulatory
| ||
interest.
|
(8) The Secretary may furnish confidential supervisory | ||
information as
otherwise
permitted or required by this Act | ||
and may furnish confidential supervisory
information under | ||
any
other statute that by its terms or by regulations | ||
promulgated thereunder
requires the disclosure
of | ||
financial records other than by subpoena, summons, | ||
warrant, or court order.
| ||
(9) At the request of the affected savings bank, the | ||
Secretary may
furnish confidential
supervisory information | ||
relating to the savings bank, which the Secretary
has | ||
caused to be
examined, in connection with the obtaining of | ||
insurance coverage or the pursuit
of an insurance
claim for | ||
or on behalf of the savings bank; provided that, when | ||
possible, the Secretary
shall
disclose only relevant | ||
information while maintaining the confidentiality of
| ||
financial records
not relevant to such insurance coverage | ||
or claim and, when appropriate, may
delete identifying data
| ||
relating to any person.
| ||
(10) The Secretary may furnish a copy of a report of | ||
any examination
performed by
the Secretary of the condition | ||
and affairs of any electronic data processing
entity to the
| ||
savings banks serviced by the electronic data processing | ||
entity.
| ||
(11) In addition to the foregoing circumstances, the | ||
Secretary may, but
is not
required to, furnish confidential | ||
supervisory information under the same
circumstances |
authorized
for the savings bank pursuant to subsection (b) | ||
of this Section, except that
the Secretary shall
provide | ||
confidential supervisory information under circumstances | ||
described in
paragraph (3) of
subsection (b) of this | ||
Section only upon the request of the savings bank.
| ||
(b) A savings bank or its officers, agents, and employees | ||
may disclose
confidential
supervisory information only under | ||
the following circumstances:
| ||
(1) to the board of directors of the savings bank, as | ||
well as the
president, vice-president,
cashier, and other | ||
officers of the savings bank to whom the board of directors
| ||
may delegate
duties with respect to compliance with | ||
recommendations for action, and to the
board of
directors | ||
of a savings bank holding company that owns at least 80% of | ||
the
outstanding stock of the
savings bank or other | ||
financial institution.
| ||
(2) to attorneys for the savings bank and to a | ||
certified public
accountant engaged by the
savings bank to | ||
perform an independent audit; provided that the attorney or
| ||
certified public
accountant shall not permit the | ||
confidential supervisory information to be
further | ||
disseminated.
| ||
(3) to any person who seeks to acquire a controlling | ||
interest in, or who
seeks to merge with,
the savings bank; | ||
provided that the person shall agree to be bound to respect
| ||
the confidentiality
of the confidential supervisory |
information and to not further disseminate the
information
| ||
other than to attorneys, certified public accountants, | ||
officers, agents, or
employees of that
person who likewise | ||
shall agree to be bound to respect the confidentiality of
| ||
the confidential
supervisory information and to not | ||
further disseminate the information.
| ||
(4) to the savings bank's insurance company, if the | ||
supervisory
information contains
information that is | ||
otherwise unavailable and is strictly necessary to
| ||
obtaining insurance coverage or
pursuing an insurance | ||
claim for or on behalf of the savings bank; provided
that, | ||
when possible, the
savings bank shall disclose only | ||
information that is relevant to obtaining
insurance | ||
coverage or
pursuing an insurance claim, while maintaining | ||
the confidentiality of financial
information
pertaining to | ||
customers; and provided further that, when appropriate, | ||
the
savings bank may delete
identifying data relating to
| ||
any person.
| ||
(5) to a Federal Home Loan Bank of which it is a | ||
member. | ||
The disclosure of confidential supervisory information by | ||
a savings bank
pursuant to this
subsection (b) and the | ||
disclosure of information to the Secretary or other
regulatory | ||
agency in
connection with any examination, visitation, or | ||
investigation shall not
constitute a waiver of any
legal | ||
privilege otherwise available to the savings bank with respect |
to the
information.
| ||
(c) (1) Notwithstanding any other provision of this Act or | ||
any other law,
confidential
supervisory information shall be | ||
the property of the Secretary and shall be
privileged from
| ||
disclosure to any person except as provided in this Section. No | ||
person in
possession of
confidential supervisory information | ||
may disclose that information for any
reason or under any
| ||
circumstances not specified in this Section without the prior | ||
authorization of
the Secretary.
Any person upon whom a demand | ||
for production of confidential supervisory
information is | ||
made,
whether by subpoena, order, or other judicial or | ||
administrative process, must
withhold
production of the | ||
confidential supervisory information and must notify the | ||
Secretary
of the
demand, at which time the Secretary is | ||
authorized to intervene for the
purpose of
enforcing the | ||
limitations of this Section or seeking the withdrawal or
| ||
termination of the attempt to
compel production of the | ||
confidential supervisory information.
| ||
(2) Any request for discovery or disclosure of confidential | ||
supervisory
information, whether
by subpoena, order, or other | ||
judicial or administrative process, shall be made
to the | ||
Secretary, and the Secretary shall determine within 15 days | ||
whether to
disclose the
information pursuant to procedures and | ||
standards that the Secretary shall
establish by rule. If
the | ||
Secretary determines that such information will not be | ||
disclosed, the Secretary's
decision shall be subject to |
judicial review under the provisions of the
Administrative | ||
Review
Law, and venue shall be in either Sangamon County or | ||
Cook County.
| ||
(3) Any court order that compels disclosure of confidential | ||
supervisory
information may be
immediately appealed by the | ||
Secretary, and the order shall be automatically
stayed pending | ||
the
outcome of the appeal.
| ||
(d) If any officer, agent, attorney, or employee of a | ||
savings bank knowingly
and willfully
furnishes confidential | ||
supervisory information in violation of this Section,
the | ||
Secretary
may impose a civil monetary penalty up to $1,000 for | ||
the violation
against
the officer, agent, attorney, or | ||
employee.
| ||
(e) Subject to the limits of this Section, the Secretary
| ||
also may promulgate regulations to set procedures and
standards | ||
for
disclosure of
the
following items:
| ||
(1) All fixed orders and opinions made in cases of
| ||
appeals of the Secretary's actions.
| ||
(2) Statements of policy and interpretations adopted | ||
by
the Secretary's office, but not otherwise made public.
| ||
(3) Nonconfidential portions of application files,
| ||
including applications for new charters. The Secretary
| ||
shall specify by rule as to what part of the files are
| ||
confidential.
| ||
(4) Quarterly reports of income, deposits, and | ||
financial
condition.
|
(Source: P.A. 100-22, eff. 1-1-18; 100-64, eff. 8-11-17; | ||
revised 10-5-17.)
| ||
Section 315. The Corporate Fiduciary Act is amended by | ||
changing Section 2-1 as follows:
| ||
(205 ILCS 620/2-1) (from Ch. 17, par. 1552-1)
| ||
Sec. 2-1.
(a) Any corporation which has been or shall be
| ||
incorporated under the general corporation laws of this State | ||
for
the purpose of accepting and executing trusts, and any | ||
state
bank, state savings and loan association, state savings | ||
bank , or
other special corporation now or hereafter authorized | ||
by law to
accept or execute trusts, may be appointed to act as | ||
a fiduciary
in any capacity a natural person or corporation may | ||
act, and
shall include , but not be limited to , acting as | ||
assignee or trustee
by deed, and executor, guardian or trustee | ||
by will, custodian
under the Illinois Uniform Transfers | ||
Transfer to Minors Act and such appointment
shall be of like | ||
force as in case of appointment of a natural
person and shall | ||
be designated a corporate fiduciary.
| ||
(b) No corporate fiduciary shall dissolve or cease its | ||
corporate
existence without prior notice to and approval by the | ||
Commissioner and
compliance with the requirements of Section | ||
7-1 of this Act.
| ||
(Source: P.A. 86-754; revised 10-5-17.)
|
Section 320. The Residential Mortgage License Act of 1987 | ||
is amended by changing Sections 3-8 and 4-10 as follows:
| ||
(205 ILCS 635/3-8) (from Ch. 17, par. 2323-8)
| ||
Sec. 3-8. Discrimination and redlining prohibited. (a) It | ||
shall be
considered discriminatory to refuse to grant loans or | ||
to vary the terms of
loans or the application procedures for | ||
loans because of:
| ||
(i) in the case of the proposed borrower, said | ||
borrower's race, color,
religion, national origin, age, | ||
gender or marital status; or
| ||
(ii) in the case of a mortgage loan, solely the | ||
geographic location of
the proposed security.
| ||
(Source: P.A. 85-735; revised 11-8-17.)
| ||
(205 ILCS 635/4-10) (from Ch. 17, par. 2324-10)
| ||
Sec. 4-10. Rules and regulations of the Commissioner.
| ||
(a) In addition to such powers as may be prescribed by this | ||
Act, the
Commissioner is hereby authorized and empowered to | ||
promulgate regulations
consistent with the purposes of this | ||
Act, including , but not limited to:
| ||
(1) such rules and regulations in connection with the | ||
activities of
licensees as may be necessary and appropriate | ||
for the protection of
consumers in this State;
| ||
(2) such rules and regulations as may be necessary and | ||
appropriate to
define improper or fraudulent business |
practices in connection with the
activities of licensees in | ||
making mortgage loans;
| ||
(3) such rules and regulations as may define the terms | ||
used in this Act
and as may be necessary and appropriate to | ||
interpret and implement the
provisions of this Act; and
| ||
(4) such rules and regulations as may be necessary for | ||
the enforcement of this Act.
| ||
(b) The Commissioner is hereby authorized and empowered to | ||
make such
specific rulings, demands , and findings as he or she | ||
may deem necessary for the
proper conduct of the mortgage | ||
lending industry. | ||
(c) A person or entity may make a written application to | ||
the Department for a written interpretation of this Act. The | ||
Department may then, in its sole discretion, choose to issue a | ||
written interpretation. To be valid, a written interpretation | ||
must be signed by the Secretary, or his or her designated | ||
Director of Financial and Professional Regulation, and the | ||
Department's General Counsel. A written interpretation expires | ||
2 years after the date that it was issued. | ||
(d) No provision in this Act that imposes liability or | ||
establishes violations shall apply to any act taken by a person | ||
or entity in conformity with a written interpretation of this | ||
Act that is in effect at the time the act is taken, | ||
notwithstanding whether the written interpretation is later | ||
amended, rescinded, or determined by judicial or other | ||
authority to be by invalid for any reason.
|
(Source: P.A. 95-691, eff. 6-1-08; revised 10-5-17.)
| ||
Section 325. The Nursing Home Care Act is amended by | ||
changing Section 3-206 as follows:
| ||
(210 ILCS 45/3-206) (from Ch. 111 1/2, par. 4153-206)
| ||
Sec. 3-206.
The Department shall prescribe a curriculum for | ||
training
nursing assistants, habilitation aides, and child | ||
care aides.
| ||
(a) No person, except a volunteer who receives no | ||
compensation from a
facility and is not included for the | ||
purpose of meeting any staffing
requirements set forth by the | ||
Department, shall act as a nursing assistant,
habilitation | ||
aide, or child care aide in a facility, nor shall any person, | ||
under any
other title, not licensed, certified, or registered | ||
to render medical care
by the Department of Financial and | ||
Professional Regulation, assist with the
personal, medical, or | ||
nursing care of residents in a facility, unless such
person | ||
meets the following requirements:
| ||
(1) Be at least 16 years of age, of temperate habits | ||
and good moral
character, honest, reliable and | ||
trustworthy.
| ||
(2) Be able to speak and understand the English | ||
language or a language
understood by a substantial | ||
percentage of the facility's residents.
| ||
(3) Provide evidence of employment or occupation, if |
any, and residence
for 2 years prior to his present | ||
employment.
| ||
(4) Have completed at least 8 years of grade school or | ||
provide proof of
equivalent knowledge.
| ||
(5) Begin a current course of training for nursing | ||
assistants,
habilitation aides, or child care aides, | ||
approved by the Department, within 45 days of initial
| ||
employment in the capacity of a nursing assistant, | ||
habilitation aide, or
child care aide
at any facility. Such | ||
courses of training shall be successfully completed
within | ||
120 days of initial employment in the capacity of nursing | ||
assistant,
habilitation aide, or child care aide at a | ||
facility. Nursing assistants, habilitation
aides, and | ||
child care aides who are enrolled in approved courses in | ||
community
colleges or other educational institutions on a | ||
term, semester or trimester
basis, shall be exempt from the | ||
120-day 120 day completion time limit. The
Department shall | ||
adopt rules for such courses of training.
These rules shall | ||
include procedures for facilities to
carry on an approved | ||
course of training within the facility. The Department | ||
shall allow an individual to satisfy the supervised | ||
clinical experience requirement for placement on the | ||
Health Care Worker Registry under 77 Ill. Adm. Code 300.663 | ||
through supervised clinical experience at an assisted | ||
living establishment licensed under the Assisted Living | ||
and Shared Housing Act. The Department shall adopt rules |
requiring that the Health Care Worker Registry include | ||
information identifying where an individual on the Health | ||
Care Worker Registry received his or her clinical training.
| ||
The Department may accept comparable training in lieu | ||
of the 120-hour 120 hour
course for student nurses, foreign | ||
nurses, military personnel, or employees employes of
the | ||
Department of Human Services.
| ||
The facility shall develop and implement procedures, | ||
which shall be
approved by the Department, for an ongoing | ||
review process, which shall take
place within the facility, | ||
for nursing assistants, habilitation aides, and
child care | ||
aides.
| ||
At the time of each regularly scheduled licensure | ||
survey, or at the time
of a complaint investigation, the | ||
Department may require any nursing
assistant, habilitation | ||
aide, or child care aide to demonstrate, either through | ||
written
examination or action, or both, sufficient | ||
knowledge in all areas of
required training. If such | ||
knowledge is inadequate the Department shall
require the | ||
nursing assistant, habilitation aide, or child care aide to | ||
complete inservice
training and review in the facility | ||
until the nursing assistant, habilitation
aide, or child | ||
care aide demonstrates to the Department, either through | ||
written
examination or action, or both, sufficient | ||
knowledge in all areas of
required training.
| ||
(6) Be familiar with and have general skills related to |
resident care.
| ||
(a-0.5) An educational entity, other than a secondary | ||
school, conducting a
nursing assistant, habilitation aide, or | ||
child care aide
training program
shall initiate a criminal | ||
history record check in accordance with the Health Care Worker | ||
Background Check Act prior to entry of an
individual into the | ||
training program.
A secondary school may initiate a criminal | ||
history record check in accordance with the Health Care Worker | ||
Background Check Act at any time during or after a training | ||
program.
| ||
(a-1) Nursing assistants, habilitation aides, or child | ||
care aides seeking to be included on the Health Care Worker | ||
Registry under the Health Care Worker Background Check Act on | ||
or
after January 1, 1996 must authorize the Department of | ||
Public Health or its
designee
to request a criminal history | ||
record check in accordance with the Health Care Worker | ||
Background Check Act and submit all necessary
information. An | ||
individual may not newly be included on the Health Care Worker | ||
Registry unless a criminal history record check has been | ||
conducted with respect to the individual.
| ||
(b) Persons subject to this Section shall perform their | ||
duties under the
supervision of a licensed nurse.
| ||
(c) It is unlawful for any facility to employ any person in | ||
the capacity
of nursing assistant, habilitation aide, or child | ||
care aide, or under any other title, not
licensed by the State | ||
of Illinois to assist in the personal, medical, or
nursing care |
of residents in such facility unless such person has complied
| ||
with this Section.
| ||
(d) Proof of compliance by each employee with the | ||
requirements set out
in this Section shall be maintained for | ||
each such employee by each facility
in the individual personnel | ||
folder of the employee. Proof of training shall be obtained | ||
only from the Health Care Worker Registry.
| ||
(e) Each facility shall obtain access to the Health Care | ||
Worker Registry's web application, maintain the employment and | ||
demographic information relating to each employee, and verify | ||
by the category and type of employment that
each employee | ||
subject to this Section meets all the requirements of this
| ||
Section.
| ||
(f) Any facility that is operated under Section 3-803 shall | ||
be
exempt
from the requirements of this Section.
| ||
(g) Each skilled nursing and intermediate care facility | ||
that
admits
persons who are diagnosed as having Alzheimer's | ||
disease or related
dementias shall require all nursing | ||
assistants, habilitation aides, or child
care aides, who did | ||
not receive 12 hours of training in the care and
treatment of | ||
such residents during the training required under paragraph
(5) | ||
of subsection (a), to obtain 12 hours of in-house training in | ||
the care
and treatment of such residents. If the facility does | ||
not provide the
training in-house, the training shall be | ||
obtained from other facilities,
community colleges or other | ||
educational institutions that have a
recognized course for such |
training. The Department shall, by rule,
establish a recognized | ||
course for such training. The Department's rules shall provide | ||
that such
training may be conducted in-house at each facility | ||
subject to the
requirements of this subsection, in which case | ||
such training shall be
monitored by the Department.
| ||
The Department's rules shall also provide for | ||
circumstances and procedures
whereby any person who has | ||
received training that meets
the
requirements of this | ||
subsection shall not be required to undergo additional
training | ||
if he or she is transferred to or obtains employment at a
| ||
different facility or a facility other than a long-term care | ||
facility but remains continuously employed for pay as a nursing | ||
assistant,
habilitation aide, or child care aide. Individuals
| ||
who have performed no nursing or nursing-related services
for a | ||
period of 24 consecutive months shall be listed as "inactive"
| ||
and as such do not meet the requirements of this Section. | ||
Licensed sheltered care facilities
shall be
exempt from the | ||
requirements of this Section.
| ||
(Source: P.A. 100-297, eff. 8-24-17; 100-432, eff. 8-25-17; | ||
revised 1-22-18.)
| ||
Section 330. The Community-Integrated Living Arrangements | ||
Licensure and
Certification Act is amended by changing Section | ||
4 as follows:
| ||
(210 ILCS 135/4) (from Ch. 91 1/2, par. 1704)
|
Sec. 4.
(a) Any community mental health or developmental | ||
services agency who
wishes to develop and support a variety of | ||
community-integrated living
arrangements may do so pursuant to | ||
a license issued by the Department under this Act.
However, | ||
programs established under or otherwise subject to the Child
| ||
Care Act of 1969, the Nursing Home Care Act, the Specialized | ||
Mental Health Rehabilitation Act of 2013, the ID/DD Community | ||
Care Act, or the MC/DD Act, as now or
hereafter amended, shall | ||
remain
subject thereto, and this Act shall not be construed to | ||
limit the
application of those Acts.
| ||
(b) The system of licensure established under this Act | ||
shall be for the purposes of:
| ||
(1) ensuring Insuring that all recipients residing in | ||
community-integrated living
arrangements are receiving | ||
appropriate community-based services, including
treatment, | ||
training and habilitation or rehabilitation;
| ||
(2) ensuring Insuring that recipients' rights are | ||
protected and that all programs
provided to and placements | ||
arranged for
recipients comply with this Act, the Mental | ||
Health and Developmental
Disabilities Code, and applicable | ||
Department rules and regulations;
| ||
(3) maintaining Maintaining the integrity of | ||
communities by requiring regular
monitoring and inspection | ||
of placements and other services provided in
| ||
community-integrated living arrangements.
| ||
The licensure system shall be administered by a quality |
assurance unit
within the Department which shall be | ||
administratively independent of units
responsible for funding | ||
of agencies or community services.
| ||
(c) As a condition of being licensed by the Department as a | ||
community
mental health or developmental services agency under | ||
this Act, the agency
shall certify to the Department that:
| ||
(1) all All recipients residing in | ||
community-integrated living arrangements
are receiving | ||
appropriate community-based services, including treatment,
| ||
training and habilitation or rehabilitation;
| ||
(2) all All programs provided to and placements | ||
arranged for recipients are
supervised by the agency; and
| ||
(3) all All programs provided to and placements | ||
arranged for recipients
comply with this Act, the Mental | ||
Health and Developmental Disabilities
Code, and applicable | ||
Department rules and regulations.
| ||
(d) An applicant for licensure as a community mental health | ||
or
developmental services agency under this Act shall submit an | ||
application
pursuant to the application process established by | ||
the Department by rule
and shall pay an application fee in an | ||
amount established by the
Department, which amount shall not be | ||
more than $200.
| ||
(e) If an applicant meets the requirements established by | ||
the Department
to be licensed as a community mental health or | ||
developmental services
agency under this Act, after payment of | ||
the licensing fee, the Department
shall issue a license valid |
for 3 years from the date thereof unless
suspended or revoked | ||
by the Department or voluntarily surrendered by the agency.
| ||
(f) Upon application to the Department, the Department may | ||
issue a
temporary permit to an applicant for up to a 2-year | ||
period to allow the holder
of such permit reasonable time to | ||
become eligible for a license under this Act.
| ||
(g)(1) The Department may conduct site visits to an agency | ||
licensed under this
Act, or to any program or placement | ||
certified by the agency, and inspect
the records or premises, | ||
or both, of such agency, program or placement as
it deems | ||
appropriate, for the
purpose of determining compliance with | ||
this Act, the Mental Health and
Developmental Disabilities | ||
Code, and applicable Department rules and regulations. The | ||
Department shall conduct inspections of the records and | ||
premises of each community-integrated living arrangement | ||
certified under this Act at least once every 2 years.
| ||
(2) If the Department determines that an agency licensed | ||
under this Act
is not in compliance with this Act or the rules | ||
and regulations promulgated
under this Act, the Department | ||
shall serve a notice of violation
upon the licensee. Each | ||
notice of violation shall be prepared in writing
and shall | ||
specify the nature of the violation, the statutory provision or
| ||
rule alleged to have been violated, and that the licensee
| ||
submit a plan of correction to the Department if required. The | ||
notice shall also
inform the licensee of any other action which | ||
the Department might take
pursuant to this Act and of the right |
to a hearing.
| ||
(g-5) As determined by the Department, a disproportionate | ||
number or percentage of licensure complaints; a | ||
disproportionate number or percentage of substantiated cases | ||
of abuse, neglect, or exploitation involving an agency; an | ||
apparent unnatural death of an individual served by an agency; | ||
any egregious or life-threatening abuse or neglect within an | ||
agency; or any other significant event as determined by the | ||
Department shall initiate a review of the agency's license by | ||
the Department, as well as a review of its service agreement | ||
for funding. The Department shall adopt rules to establish the | ||
process by which the determination to initiate a review shall | ||
be made and the timeframe to initiate a review upon the making | ||
of such determination. | ||
(h) Upon the expiration of any license issued under this | ||
Act, a license
renewal application shall be required of and a | ||
license renewal fee in an
amount established by the Department | ||
shall be
charged to a community mental health or
developmental | ||
services agency, provided that such fee shall not be more than | ||
$200.
| ||
(i) A public or private agency, association, partnership, | ||
corporation, or organization that has had a license revoked | ||
under subsection (b) of Section 6 of this Act may not apply for | ||
or possess a license under a different name. | ||
(Source: P.A. 99-180, eff. 7-29-15; 100-58, eff. 8-11-17; | ||
100-313, eff. 8-24-17; revised 9-28-17.)
|
Section 335. The Illinois Insurance Code is amended by | ||
changing Sections 15, 17, 21, 25, 27.1, 86, 123C-18, 155.57, | ||
400.1, 429, 469, 512.63, 531.03, and 1563 and by setting forth, | ||
renumbering, and changing multiple versions of Section 356z.25 | ||
as follows:
| ||
(215 ILCS 5/15) (from Ch. 73, par. 627)
| ||
(Section scheduled to be repealed on January 1, 2027)
| ||
Sec. 15. Documents to be delivered to Director by | ||
incorporators.
Upon the execution of the articles of | ||
incorporation, there shall be
delivered to the Director : | ||
(a) duplicate originals of the articles of | ||
incorporation;
| ||
(b) a copy of the by-laws adopted by the incorporators;
| ||
(c) the form of subscription agreement to be used by | ||
the company;
| ||
(d) 2 two organization bonds or the cash or securities | ||
provided for in
Section 16; and
| ||
(e) the form of escrow agreement for the deposit of | ||
cash or securities.
| ||
(Source: P.A. 84-502; revised 10-5-17.)
| ||
(215 ILCS 5/17) (from Ch. 73, par. 629)
| ||
(Section scheduled to be repealed on January 1, 2027)
| ||
Sec. 17. Publication
of intention. |
(1) Upon complying with the provisions of Section 15, the
| ||
incorporators shall cause to be published in a newspaper of | ||
general
circulation in this State, in the county where the | ||
principal office of the
company is to be located, once each | ||
week for 3 three consecutive weeks, a
notice setting forth :
| ||
(a) their intent to form the company and the proposed | ||
name thereof;
| ||
(b) the class or classes of insurance business in which | ||
the company
proposes to engage; and
| ||
(c) the address where its principal office shall be | ||
located.
| ||
(2) Proof of such publication made by a certificate of the | ||
publisher or
his agent shall be delivered to the Director.
| ||
(Source: Laws 1937, p. 696; revised 10-5-17.)
| ||
(215 ILCS 5/21) (from Ch. 73, par. 633)
| ||
(Section scheduled to be repealed on January 1, 2027)
| ||
Sec. 21. Subscription agreement.
| ||
(1) The company and each subscriber shall enter into an | ||
agreement for
the subscription to the shares of the company and | ||
such agreement shall also
constitute an agreement between the | ||
several subscribers. It shall state :
| ||
(a) the price of the shares, terms, time , and medium of | ||
payment therefor;
| ||
(b) the part of the price that may be used for | ||
commission, promotion,
organization , and other expenses;
|
(c) the name of the bank or trust company in this State | ||
in which the
funds or securities are to be deposited | ||
pending the completion of the
organization of the company; | ||
and
| ||
(d) that the total cash or securities received in | ||
payment will be
returned to the subscribers who have made | ||
such payments in the event the
organization of the company | ||
is not completed.
| ||
(2) Subscriptions to shares shall be irrevocable unless | ||
subscribers
representing 50% fifty per centum or more of the | ||
amount subscribed consent to
the revocation.
| ||
(3) Any subscription agreement may provide for payment in | ||
installments
but in the case of subscriptions prior to the | ||
issuance of a certificate of
authority to the company, such | ||
installments shall not extend beyond 2 two
years from the date | ||
of the permit of the Director authorizing the
solicitation of | ||
subscriptions.
| ||
(Source: Laws 1961, p. 3735; revised 10-5-17.)
| ||
(215 ILCS 5/25) (from Ch. 73, par. 637)
| ||
(Section scheduled to be repealed on January 1, 2027)
| ||
Sec. 25. Voluntary
surrender of the articles of | ||
incorporation. At any time prior to the issuance of the | ||
certificate of authority to the
company the articles of | ||
incorporation may be voluntarily surrendered and
the company | ||
dissolved by written agreement filed with the Director, signed
|
by a majority of the incorporators, and by subscribers | ||
representing at
least two-thirds of the shares subscribed. Such | ||
surrender and dissolution
shall become effective only upon the | ||
approval thereof by the Director. The
Director shall approve | ||
the surrender of such articles of incorporation if
upon | ||
investigation he shall find that :
| ||
(a) no insurance business has been transacted by the | ||
company ; .
| ||
(b) all sums of money or securities, if any, collected | ||
upon
subscriptions, have been returned to the subscribers; | ||
and
| ||
(c) all obligations of the company have been paid or | ||
discharged.
| ||
(Source: Laws 1961, p. 3735; revised 10-5-17.)
| ||
(215 ILCS 5/27.1) (from Ch. 73, par. 639.1)
| ||
(Section scheduled to be repealed on January 1, 2027)
| ||
Sec. 27.1. Treasury shares. ) "Treasury shares" means (a) | ||
shares
of a company which have been issued, have been | ||
subsequently acquired
by and belong to the company, and have | ||
not, either by reason of
the acquisition or thereafter, been | ||
cancelled or restored to the
status of authorized but unissued | ||
shares and (b) shares declared
and paid as a share dividend on | ||
the shares referred to in clause (a)
or this clause (b) of this | ||
Section. Treasury shares shall be
deemed to be "issued" shares | ||
but not outstanding shares and shall not be
voted. Shares |
converted into or exchanged for other shares of the company
| ||
shall not be deemed to be treasury shares.
| ||
(Source: P.A. 84-502; revised 10-5-17.)
| ||
(215 ILCS 5/86) (from Ch. 73, par. 698)
| ||
(Section scheduled to be repealed on January 1, 2027)
| ||
Sec. 86. Scope of Article.
| ||
(1) This Article applies to all groups including
| ||
incorporated and
individual unincorporated underwriters | ||
transacting an insurance business in
this State through an
| ||
attorney-in-fact under the name Lloyds or under a Lloyds plan | ||
of operation.
Groups that meet the requirements of subsection | ||
(3) are referred to
in this Code as "Lloyds", and incorporated | ||
and individual unincorporated
underwriters are referred to as | ||
"underwriters".
| ||
(2) As used in this Code : | ||
"Domestic Lloyds" means a Lloyds having its
home office in | ||
this State . ; | ||
"Foreign Lloyds" means a Lloyds having its home
office in | ||
any state of the United States other than this State . ; and | ||
"Alien
Lloyds" means a Lloyds having its home office or | ||
principal place of
business in any country other than the | ||
United States.
| ||
(3) A domestic Lloyds must: (i) be established pursuant to | ||
a statute or
written charter; (ii) provide for governance by a | ||
board of directors or similar
body; and (iii) establish and |
monitor standards of solvency of its
underwriters. A foreign or | ||
alien Lloyds must be subject to requirements of its
state or | ||
country of domicile. Those requirements must be substantially | ||
similar
to those required
of domestic Lloyds. Domestic, | ||
foreign, and alien Lloyds shall
not be
subject to Section 144 | ||
of this Code.
| ||
(4) All foreign and alien
entities and individuals | ||
transacting an insurance business as domestic,
foreign, or | ||
alien
Lloyds shall notify the Director and the Secretary of | ||
State under the
provisions of this Article, shall be
regulated | ||
exclusively by the Director, and shall not be required to | ||
obtain a
certificate of authority from the Secretary of State | ||
pursuant to any other law
of this State so long as they solely | ||
transact business as a domestic, foreign,
or alien Lloyds. Upon | ||
notification, the Secretary of State may require
submission of | ||
additional information to determine whether a foreign or alien
| ||
individual or entity is transacting business solely as a | ||
domestic, foreign, or
alien Lloyds.
| ||
(Source: P.A. 90-794, eff. 8-14-98; 91-593, eff. 8-14-99; | ||
revised 10-5-17.)
| ||
(215 ILCS 5/123C-18) (from Ch. 73, par. 735C-18)
| ||
(Section scheduled to be repealed on January 1, 2027)
| ||
Sec. 123C-18. Additional powers, rights, and obligations. | ||
In addition to the powers and duties set forth in the
other | ||
provisions of this Article VIIC and to the extent
not |
inconsistent with the provisions of this Article VIIC:
| ||
A. The provisions of Article XXVI, subsection E of | ||
Section 123B-3,
subsection A of Section 123B-4, subsection | ||
A of Section 123B-8, and Sections
2.1, 131.4 through | ||
131.12, 131.20, 131.20a(2) ( , except as otherwise provided | ||
by subsection B of Section 123C-12) Section 123C-12B , | ||
131.22, 133, 141.1, 141.2, 144.1, 144.2, 147, 148, 149,
| ||
154.5, 154.6, 154.7, 154.8, 155, 186.1, 186.2, 401, 401.1, | ||
402, 403, 403A, 407,
407.1, 407.2, 4l2, 415 and subsections | ||
(1) and (3) of Section 441 shall apply
to captive insurance | ||
companies and all those having dealings therewith.
| ||
B. The provisions of subsection (2) of Section 9, | ||
Section 11, subsection
(2) of Section 12, and Sections | ||
27.1, 28, 28.2, 28.2a, 29, 30, 31, 32, 33, 34 ,
and 35 shall | ||
apply to stock captive insurance companies and all those | ||
having
dealings therewith.
| ||
C. The provisions of subsection (2) of Section 39, | ||
Section
41, subsections (1) and (2) of Section 42, and | ||
Sections 54, 55,
56, 57, 58, 59 , and 60 shall apply to | ||
mutual captive
insurance companies and all those having | ||
dealings therewith.
| ||
D. The Director and each captive insurance company
and | ||
all those having dealings therewith shall have the
| ||
authorities, powers, rights, duties and obligations
set | ||
forth in Section 144 (excluding paragraph (f) of subsection | ||
(4) of
Section 144); provided, however, that:
|
(i) subsection (1) of Section 144 shall not apply | ||
to pure captive
insurance companies; and
| ||
(ii) the Director may exempt any association | ||
captive
insurance company and any industrial insured | ||
captive
insurance company from the requirements of | ||
subsection (1) of Section 144,
on terms and conditions | ||
established by the Director,
upon a showing by any such | ||
captive insurance company
and a determination by the | ||
Director that the limitations
of subsection (1) of | ||
Section 144 are not necessary to protect the interests
| ||
of policyholders in light of such captive insurance
| ||
company's financial condition and the nature of the
| ||
risks insured by such company.
| ||
E. Nothing in this Article or Code shall be deemed
to | ||
prohibit the by-laws of a captive insurance company
from | ||
providing for the allocation of underwriting or
investment | ||
income or loss to the respective accounts
of its members, | ||
or to prohibit a captive insurance company,
if its by-laws | ||
so provide and the requirements
of this Article are | ||
otherwise met, from distributing
to a withdrawing member, | ||
whether by way of ordinary
or liquidating distributions and | ||
whether the withdrawal
of such member is voluntary or | ||
otherwise, on terms and
conditions set forth in the | ||
by-laws, that member's share
of the company's surplus, as | ||
well as that portion of
the underwriting and investment | ||
income allocated to
such withdrawing member for the period |
that such withdrawing
member was a member of the mutual | ||
company; provided
that (i) no such distribution may be made | ||
except out
of earned, as distinguished from contributed, | ||
surplus,
(ii) no such distribution shall be made if the | ||
surplus
of the captive insurance company is less than the | ||
original
surplus required for the kind or kinds of business | ||
authorized
to be transacted by such company, or if the | ||
payment
of such distribution would reduce its surplus to | ||
less
than the minimum, and (iii) no such distribution shall
| ||
be made without the approval of the Director if such
| ||
distribution, together with other such distributions
made | ||
within the period of 12 consecutive months ending
on the | ||
date on which the proposed distribution is scheduled
for | ||
payment or distribution, exceeds the greater of:
(i) 10% of | ||
the company's surplus as regards policyholders
as of the | ||
31st day of December next preceding, or (ii)
the net income | ||
of the company for the 12-month 12 month period
ending the | ||
31st day of December next preceding. For
the purposes of | ||
this subsection, net income includes
net realized capital | ||
gains in an amount not to exceed
20% of net unrealized | ||
capital gains. The right of a
member of a captive insurance | ||
company to receive distributions
under this Section shall | ||
be included within the provisions
of paragraph (i) of | ||
subsection (1) of Section 205 in the event of
liquidation
| ||
or dissolution of such captive insurance company.
| ||
(Source: P.A. 88-297; 89-206, eff. 7-21-95; revised 10-5-17.)
|
(215 ILCS 5/155.57) (from Ch. 73, par. 767.57)
| ||
Sec. 155.57. Filing, approval , and withdrawal of forms. ) | ||
(a) All policies,
certificates of insurance, notices of | ||
proposed insurance, applications for
insurance, endorsements , | ||
and riders delivered or issued for delivery in this
State and | ||
the schedules of premium rates pertaining thereto shall be | ||
filed
with the Director.
| ||
(b) The Director shall within a reasonable time after the | ||
filing of any
such policies, certificates of insurance, notices | ||
of proposed insurance,
applications for insurance, | ||
endorsements , and riders, disapprove any such
form if the | ||
benefits provided therein are not reasonable in relation to
the | ||
premium charge, or if it contains provisions which are unjust, | ||
unfair,
inequitable, misleading, deceptive , or encourage | ||
misrepresentation of the
coverage, or are contrary to any | ||
provision of this the Insurance Code or of any
rule or | ||
regulation promulgated thereunder.
| ||
(c) If the Director notifies the insurer that the form is | ||
disapproved,
it is unlawful thereafter for such insurer to | ||
issue or use such form. In
such notice, the Director shall | ||
specify the reason for his disapproval and
state that a hearing | ||
will be granted within 20 days after request in writing
by the | ||
insurer. No such policy, certificate of insurance, notice of | ||
proposed
insurance, nor any application, endorsement of rider, | ||
shall be issued or
used until after it has been so filed and |
the Director has given his prior
written approval thereto.
| ||
(d) The Director may at any time, after giving not less | ||
than 20 days prior
written notice to the insurer, withdraw his | ||
approval of any such form on
any ground set forth in subsection | ||
(b) above. The written notice of withdrawal
shall state the | ||
reason for the action. The insurer may request a hearing
within | ||
10 days after receipt of the notice of withdrawal by giving the | ||
Director
written notice of such request, together with a | ||
statement of its objections.
The Director must then conduct a | ||
hearing in accordance
with Sections 402 and 403. The withdrawal | ||
shall be stayed pending the issuance
of the Director's orders | ||
following the hearing.
| ||
However, if it appears to the Director that the continued | ||
use of any such
policy, certificate of insurance, notice of | ||
proposed insurance, application
for insurance, endorsement , or | ||
rider by an insurer is hazardous to its policyholders
or the | ||
public, the Director may take such action as is prescribed by | ||
Section 401.1.
| ||
(e) It is not lawful for the insurer to issue such forms or | ||
use them after
the effective date of such withdrawal.
| ||
(f) If a group policy of credit life insurance or credit | ||
accident and
health insurance has been or is delivered in | ||
another state State before or after October 1, 1975 ( the | ||
effective date of Public Act 79-930) this amendatory Act of | ||
1975 , the insurer shall be
required to file only the group | ||
certificate and notice of proposed insurance
delivered or |
issued for delivery in this State as specified in subsections
| ||
(b) and (d) of Section 155.57 of this Article and such forms | ||
shall be approved
by the Director if they conform with the | ||
requirements so specified in said
subsections and if the | ||
schedules of premium rates applicable to the insurance
| ||
evidenced by such certificate or notice are not in excess of | ||
the insurer's
schedules of premium rates filed with the | ||
Director; provided, however, the
premium rate in effect on | ||
existing group policies may be continued until
the first policy | ||
anniversary date following October 1, 1975 ( the effective date | ||
of Public Act 79-930) this amendatory
Act of 1975 .
| ||
(g) Any order or final determination of the Director under | ||
the provisions
of this Section section shall be subject to | ||
judicial review.
| ||
(Source: P.A. 79-930; revised 10-5-17.)
| ||
(215 ILCS 5/356z.25) | ||
Sec. 356z.25. Coverage for treatment of pediatric | ||
autoimmune neuropsychiatric disorders associated with | ||
streptococcal infections and pediatric acute onset | ||
neuropsychiatric syndrome. A group or individual policy of | ||
accident and health insurance or managed care plan that is | ||
amended, delivered, issued, or renewed after July 18, 2017 ( the | ||
effective date of Public Act 100-24) this amendatory Act of the | ||
100th General Assembly shall provide coverage for treatment of | ||
pediatric autoimmune neuropsychiatric disorders associated |
with streptococcal infections and pediatric acute-onset | ||
neuropsychiatric syndrome, including, but not limited to, the | ||
use of intravenous immunoglobulin therapy. | ||
If, at any time, the Secretary of the United States | ||
Department of Health and Human Services, or its successor | ||
agency, promulgates rules or regulations to be published in the | ||
Federal Register or publishes a comment in the Federal Register | ||
or issues an opinion, guidance, or other action that would | ||
require the State, pursuant to any provision of the Patient | ||
Protection and Affordable Care Act (Public Law 111-148), | ||
including, but not limited to, 42 U.S.C. 18031(d)(3)(B) or any | ||
successor provision, to defray the cost of any coverage for | ||
pediatric autoimmune neuropsychiatric disorders associated | ||
with streptococcal infections and pediatric acute onset | ||
neuropsychiatric syndrome outlined in this Section, then the | ||
requirement that an insurer cover pediatric autoimmune | ||
neuropsychiatric disorders associated with streptococcal | ||
infections and pediatric acute onset neuropsychiatric syndrome | ||
is inoperative other than any such coverage authorized under | ||
Section 1902 of the Social Security Act, 42 U.S.C. 1396a, and | ||
the State shall not assume any obligation for the cost of | ||
coverage for pediatric autoimmune neuropsychiatric disorders | ||
associated with streptococcal infections and pediatric acute | ||
onset neuropsychiatric syndrome.
| ||
(Source: P.A. 100-24, eff. 7-18-17; revised 9-15-17.) |
(215 ILCS 5/356z.26) | ||
Sec. 356z.26 356z.25 . Synchronization. | ||
(a) As used in this Section, "synchronization" means the | ||
coordination of medication refills for a patient taking 2 or | ||
more medications for one or more chronic conditions such that | ||
the patient's medications are refilled on the same schedule for | ||
a given time period. | ||
(b) Every policy of health and accident insurance amended, | ||
delivered, issued, or renewed after August 18, 2017 ( the | ||
effective date of Public Act 100-138) this amendatory Act of | ||
the 100th General Assembly that provides coverage for | ||
prescription drugs shall provide for synchronization of | ||
prescription drug refills on at least one occasion per insured | ||
per year, provided all of the following conditions are met: | ||
(1) the prescription drugs are covered by the policy's | ||
clinical coverage policy or have been approved by a | ||
formulary exceptions process; | ||
(2) the prescription drugs are maintenance medications | ||
as defined by the policy and have available refill | ||
quantities at the time of synchronization; | ||
(3) the medications are not Schedule II, III, or IV | ||
controlled substances; | ||
(4) the insured meets all utilization management | ||
criteria specific to the prescription drugs at the time of | ||
synchronization; | ||
(5) the prescription drugs are of a formulation that |
can be safely split into short-fill periods to achieve | ||
synchronization; and | ||
(6) the prescription drugs do not have special handling | ||
or sourcing needs as determined by the policy, contract, or | ||
agreement that require a single, designated pharmacy to | ||
fill or refill the prescription. | ||
(c) When necessary to permit synchronization, the policy | ||
shall apply a prorated daily cost-sharing rate to any | ||
medication dispensed by a network pharmacy pursuant to this | ||
Section. No dispensing fees shall be prorated, and all | ||
dispensing fees shall be based on the number of prescriptions | ||
filled or refilled.
| ||
(Source: P.A. 100-138, eff. 8-18-17; revised 9-15-17.) | ||
(215 ILCS 5/356z.27) | ||
Sec. 356z.27 356z.25 . Preexisting condition exclusion. No | ||
policy of individual or group accident and health insurance | ||
issued, amended, delivered, or renewed on or after January 1, | ||
2018 ( the effective date of Public Act 100-386) this amendatory | ||
Act of the 100th General Assembly may impose any preexisting | ||
condition exclusion, as defined in the Illinois Health | ||
Insurance Portability and Accountability Act, with respect to | ||
such plan or coverage.
| ||
(Source: P.A. 100-386, eff. 1-1-18; revised 9-15-17.) | ||
(215 ILCS 5/356z.28) |
Sec. 356z.28 356z.25 . Dry needling by a physical therapist. | ||
A group or individual policy of accident and health insurance | ||
or a qualified health plan offered through the health insurance | ||
market place is not required to provide coverage for dry | ||
needling performed by a physical therapist as described in | ||
Section 1.5 of the Illinois Physical Therapy Act.
| ||
(Source: P.A. 100-418, eff. 8-25-17; revised 9-15-17.)
| ||
(215 ILCS 5/400.1) (from Ch. 73, par. 1012.1)
| ||
Sec. 400.1. Group or for master policy-certificate inland | ||
marine
insurance authorized. | ||
(1) Any insurance company authorized to write inland
marine | ||
insurance in this State may issue group or master | ||
policy-certificate inland
marine policies which may include | ||
coverages incidental or supplemental to the
inland marine | ||
policy, if the insurer is authorized to write the class of | ||
coverage
which is incidental or supplemental. No policy, | ||
certificate of insurance, memorandum
of insurance, application | ||
for insurance, endorsement or rider, may be issued
for delivery
| ||
in this State unless a copy of the form thereof shall have been | ||
filed with the Director
of Insurance and approved, or unless | ||
exempted from filing by such
rules and regulations as may be | ||
promulgated by the Director.
| ||
(2) The Director shall within 90 days after the filing of | ||
such forms disapprove
any such
form if the benefits provided | ||
therein are not reasonable in relation to
the premium charged, |
or
if it contains provisions that are unjust, unfair, | ||
inequitable, misleading,
deceptive, or
encourage | ||
misrepresentation of the coverage, or are contrary to any | ||
provision
of this the Insurance
Code, or any rule or regulation | ||
promulgated thereunder. The Director may,
upon written notice
| ||
within such waiting period to the company which made the | ||
filing, extend
such waiting period for
an additional 30 days. A | ||
filing shall be deemed to meet the requirements
of this Section | ||
unless
disapproved by the Director within the waiting period or | ||
the extension thereof.
| ||
(3) If the Director notifies the insurer that the form is | ||
disapproved,
the insurer shall not
issue or use such form. In | ||
such notice the Director shall specify the reason
for his | ||
disapproval.
The company may request a hearing on such | ||
disapproval within 30 days after
receipt of such
disapproval. | ||
The Director shall grant a hearing subsequent to the receipt
of | ||
such request.
| ||
(4) The Director may, at any time after a hearing held not | ||
less than 20
days after written
notice to the insurer, withdraw | ||
his approval of any such form on any ground set forth in
| ||
subsection (2) above. The written notice of such hearing shall | ||
state the
reason for the proposed
withdrawal.
| ||
(5) It is not lawful for the insurer to issue such forms or | ||
use them after
the effective
date of such withdrawal.
| ||
(6) The Director may at any time require the filing of the | ||
schedules of premium rates
used or to be used in connection |
with the specific policy filings required.
| ||
(7) The Director shall promulgate such rules and | ||
regulations as he may
deem necessary to
provide for the filing | ||
and review of premium rates schedules, and for the
disapproval | ||
of those
he may deem to be inadequate, excessive or unfairly | ||
discriminatory.
| ||
(8) Any order or final determination of the Director under | ||
the provisions
of this Section
shall be subject to judicial | ||
review.
| ||
(Source: P.A. 79-931; revised 10-5-17.)
| ||
(215 ILCS 5/429) (from Ch. 73, par. 1036)
| ||
Sec. 429. Procedure
as to unfair methods of competition and | ||
unfair or deceptive acts or
practices which are not defined. | ||
(1) Whenever the Director shall have reason to believe (a) | ||
that any
person engaged in the business of insurance is | ||
engaging in this State in
any method of competition or in any | ||
act or practice in the conduct of such
business which is not | ||
defined in Section 424, as an unfair method of
competition or | ||
an unfair or deceptive act or practice or that any person
| ||
domiciled in or resident of this State engaged in the business | ||
of insurance
is engaging in any other state, territory, | ||
province, possession, country,
or district in which he or she | ||
is not licensed or otherwise authorized to transact
business in | ||
any method of competition or in any act or practice in the
| ||
conduct of such business which is not defined in Section 424, |
as an unfair
method of competition or an unfair or deceptive | ||
act or practice, and (b)
that such method of competition is | ||
unfair or that such act or practice is
unfair or deceptive, or | ||
(c) that such unfair method of competition or such
unfair or | ||
deceptive act or practice violates any of the provisions of | ||
this the
Insurance Code or any other law of this State, or (d) | ||
that a proceeding
by him or her in respect thereto would be to | ||
the interest of the public,
he or she may
issue and serve upon | ||
such person a statement of the charges in that respect
and a | ||
notice of a hearing thereon to be held at a time and place | ||
fixed in
the notice, which shall not be less than 10 days after | ||
the date of the
service thereof. Each such hearing shall be | ||
conducted in the same manner as
the hearings provided for in | ||
Section 426. The Director shall, after such
hearing, make a | ||
report in writing in which he or she shall state his
or her | ||
findings as
to the facts, and he or she shall serve a copy | ||
thereof upon such person.
| ||
(2) If such report charges a violation of this Article and | ||
if such
method of competition, act , or practice has not been | ||
discontinued, the
Director may, through the Attorney General of | ||
this State, at any time after
the service of such report cause | ||
a complaint to be filed in the Circuit
Court of Sangamon County | ||
or in the Circuit Court of this State within the
county wherein | ||
the person resides or has his principal place of business,
to | ||
enjoin and restrain such person from engaging in such method, | ||
act , or
practice. The court shall have jurisdiction of the |
proceeding and shall
have power to make and enter appropriate | ||
orders in connection therewith and
to enter such orders as are | ||
ancillary to its jurisdiction
or are necessary
in its judgment | ||
to prevent injury to the public pendente lite.
| ||
(3) A transcript of the proceedings before the Director | ||
including all
evidence taken and the report and findings shall | ||
be filed with such
complaint. If either party shall apply to | ||
the court for leave to adduce
additional evidence and shall | ||
show, to the satisfaction of the court, that
such additional | ||
evidence is material and there were reasonable grounds for
the | ||
failure to adduce such evidence in the proceedings before the | ||
Director
the court may order such additional evidence to be | ||
taken before the
Director and to be adduced upon the hearing in | ||
such manner and upon such
terms and conditions as to the court | ||
may seem proper. The Director may
modify his or her findings of | ||
fact or make new findings by reason of the
additional evidence | ||
so taken, and he or she shall file such modified or new
| ||
findings with the return of such additional evidence.
| ||
(4) If the court finds (a) that the method of competition | ||
complained of
is unfair or that the act or practice complained | ||
of is unfair or deceptive,
or (b) that such unfair method of | ||
competition or such unfair or deceptive
act or practice is in | ||
violation of this the Insurance Code or any other law of
this | ||
State and (c) that the proceeding by the Director with respect | ||
thereto
is to the interest of public and (d) that the findings | ||
of the Director are
supported by the evidence, it shall enter |
an order enjoining and
restraining the continuance of such | ||
method of competition, act , or practice.
| ||
(Source: P.A. 83-346; revised 10-5-17.)
| ||
(215 ILCS 5/469) (from Ch. 73, par. 1065.16)
| ||
Sec. 469. Rebates prohibited. No broker or agent shall | ||
knowingly charge, demand , or receive a premium
for any policy | ||
of insurance except in accordance with the provisions of
this | ||
Article. No company or employee thereof, and no broker or agent | ||
shall
pay, allow , or give, or offer to pay, allow , or give, | ||
directly or indirectly,
as an inducement to insurance, or after | ||
insurance has been effected, any
rebates, discount, abatement, | ||
credit , or reduction of the premium named in a
policy of | ||
insurance, or any special favor or advantage in the dividends | ||
or
other benefits to accrue thereon, or any valuable | ||
consideration or
inducement whatever, not specified in the | ||
policy of insurance, except to
the extent provided for in an | ||
applicable filing. No insured named in a
policy of insurance, | ||
nor any employee of such insured shall knowingly
receive or | ||
accept, directly or indirectly, any such rebate, discount,
| ||
abatement, credit , or reduction of premium, or any such special | ||
favor or
advantage or valuable consideration or inducement. | ||
Nothing in this Section
shall be construed as prohibiting the | ||
payment of commissions or other
compensation to duly licensed | ||
agents and brokers, nor as prohibiting any
company from | ||
allowing or returning to its participating policyholders,
|
members , or subscribers, dividends, savings , or unabsorbed | ||
premium deposits.
| ||
Sections 151 and 152 of this the Insurance Code shall not | ||
apply to any kind
of insurance subject to this Article.
| ||
(Source: P.A. 76-943; revised 10-5-17.)
| ||
(215 ILCS 5/512.63) (from Ch. 73, par. 1065.59-63)
| ||
(Section scheduled to be repealed on January 1, 2027)
| ||
Sec. 512.63. Fees. (a) The fees required by this Article
| ||
are as follows:
| ||
(1) Public Insurance Adjuster license annual fee, | ||
$100;
| ||
(2) registration of firms, $100;
| ||
(3) application fee for processing each request to take | ||
the written
examination
for a Public Adjuster license, $20.
| ||
(Source: P.A. 93-32, eff. 7-1-03; revised 11-8-17.)
| ||
(215 ILCS 5/531.03) (from Ch. 73, par. 1065.80-3)
| ||
Sec. 531.03. Coverage and limitations.
| ||
(1) This Article shall provide
coverage for the policies | ||
and contracts specified in subsection paragraph (2) of this
| ||
Section:
| ||
(a) to persons who, regardless of where they reside | ||
(except for
non-resident certificate holders under group | ||
policies or contracts), are the
beneficiaries, assignees | ||
or payees of the persons covered under paragraph (b) of |
this subsection subparagraph
(1)(b) , and
| ||
(b) to persons who are owners of or certificate holders | ||
under the policies or contracts (other than unallocated | ||
annuity contracts and structured settlement annuities) and | ||
in each case who: | ||
(i) are residents; or | ||
(ii) are not residents, but only under all of the | ||
following conditions: | ||
(A) the insurer that issued the policies or | ||
contracts is domiciled in this State; | ||
(B) the states in which the persons reside have | ||
associations similar to the Association created by | ||
this Article; | ||
(C) the persons are not eligible for coverage | ||
by an association in any other state due to the | ||
fact that the insurer was not licensed in that | ||
state at the time specified in that state's | ||
guaranty association law. | ||
(c) For unallocated annuity contracts specified in | ||
subsection (2), paragraphs (a) and (b) of this subsection | ||
(1) shall not apply and this Article shall (except as | ||
provided in paragraphs (e) and (f) of this subsection) | ||
provide coverage to: | ||
(i) persons who are the owners of the unallocated | ||
annuity contracts if the contracts are issued to or in | ||
connection with a specific benefit plan whose plan |
sponsor has its principal place of business in this | ||
State; and | ||
(ii) persons who are owners of unallocated annuity | ||
contracts issued to or in connection with government | ||
lotteries if the owners are residents. | ||
(d) For structured settlement annuities specified in | ||
subsection (2), paragraphs (a) and (b) of this subsection | ||
(1) shall not apply and this Article shall (except as | ||
provided in paragraphs (e) and (f) of this subsection) | ||
provide coverage to a person who is a payee under a | ||
structured settlement annuity (or beneficiary of a payee if | ||
the payee is deceased), if the payee: | ||
(i) is a resident, regardless of where the contract | ||
owner resides; or | ||
(ii) is not a resident, but only under both of the | ||
following conditions: | ||
(A) with regard to residency: | ||
(I) the contract owner of the structured | ||
settlement annuity is a resident; or | ||
(II) the contract owner of the structured | ||
settlement annuity is not a resident but the | ||
insurer that issued the structured settlement | ||
annuity is domiciled in this State and the | ||
state in which the contract owner resides has | ||
an association similar to the Association | ||
created by this Article; and |
(B) neither the payee or beneficiary nor the | ||
contract owner is eligible for coverage by the | ||
association of the state in which the payee or | ||
contract owner resides. | ||
(e) This Article shall not provide coverage to: | ||
(i) a person who is a payee or beneficiary of a | ||
contract owner resident of this State if the payee or | ||
beneficiary is afforded any coverage by the | ||
association of another state; or | ||
(ii) a person covered under paragraph (c) of this | ||
subsection (1), if any coverage is provided by the | ||
association of another state to that person. | ||
(f) This Article is intended to provide coverage to a | ||
person who is a resident of this State and, in special | ||
circumstances, to a nonresident. In order to avoid | ||
duplicate coverage, if a person who would otherwise receive | ||
coverage under this Article is provided coverage under the | ||
laws of any other state, then the person shall not be | ||
provided coverage under this Article. In determining the | ||
application of the provisions of this paragraph in | ||
situations where a person could be covered by the | ||
association of more than one state, whether as an owner, | ||
payee, beneficiary, or assignee, this Article shall be | ||
construed in conjunction with other state laws to result in | ||
coverage by only one association.
| ||
(2)(a) This Article shall provide coverage to the persons
|
specified in subsection paragraph (1) of this Section for | ||
direct, (i)
nongroup life, health, annuity and
supplemental | ||
policies, or contracts, (ii) for
certificates under direct | ||
group policies or contracts, (iii) for unallocated
annuity | ||
contracts and (iv) for contracts to furnish
health care | ||
services and subscription certificates for medical or health
| ||
care services issued by persons licensed to transact insurance | ||
business
in this State under this the Illinois Insurance Code.
| ||
Annuity contracts and certificates under group annuity | ||
contracts include
but are not limited to guaranteed investment | ||
contracts, deposit
administration contracts, unallocated | ||
funding agreements, allocated funding
agreements, structured | ||
settlement agreements, lottery contracts
and any immediate or | ||
deferred annuity contracts.
| ||
(b) This Article shall not provide coverage for:
| ||
(i) that portion of a policy or contract not guaranteed | ||
by the insurer, or under which the risk is borne by the | ||
policy or contract owner;
| ||
(ii) any such policy or contract or part thereof | ||
assumed by the impaired
or insolvent insurer under a | ||
contract of reinsurance, other than reinsurance
for which | ||
assumption certificates have been issued;
| ||
(iii) any portion of a policy or contract to the extent | ||
that the rate of interest on which it is based or the | ||
interest rate, crediting rate, or similar factor is | ||
determined by use of an index or other external reference |
stated in the policy or contract employed in calculating | ||
returns or changes in value:
| ||
(A) averaged over the period of 4 years prior to | ||
the date on which the member insurer becomes an | ||
impaired or insolvent insurer under this Article, | ||
whichever is earlier, exceeds the rate of interest | ||
determined by subtracting 2 percentage points from | ||
Moody's Corporate Bond Yield Average averaged for that | ||
same 4-year period or for such lesser period if the | ||
policy or contract was issued less than 4 years before | ||
the member insurer becomes an impaired or insolvent | ||
insurer under this Article, whichever is earlier; and
| ||
(B) on and after the date on which the member | ||
insurer becomes an impaired or insolvent insurer under | ||
this Article, whichever is earlier, exceeds the rate of | ||
interest determined by subtracting 3 percentage points | ||
from Moody's Corporate Bond Yield Average as most | ||
recently available;
| ||
(iv) any unallocated annuity contract issued to or in | ||
connection with a benefit plan protected under the federal | ||
Pension Benefit Guaranty Corporation, regardless of | ||
whether the federal Pension Benefit Guaranty Corporation | ||
has yet become liable to make any payments with respect to | ||
the benefit plan;
| ||
(v) any portion of any unallocated annuity contract | ||
which is not issued
to or in connection with a specific |
employee, union or association of
natural persons benefit | ||
plan or a government lottery;
| ||
(vi) an obligation that does not arise under the | ||
express written terms of the policy or contract issued by | ||
the insurer to the contract owner or policy owner, | ||
including without limitation: | ||
(A) a claim based on marketing materials; | ||
(B) a claim based on side letters, riders, or other | ||
documents that were issued by the insurer without | ||
meeting applicable policy form filing or approval | ||
requirements; | ||
(C) a misrepresentation of or regarding policy | ||
benefits; | ||
(D) an extra-contractual claim; or | ||
(E) a claim for penalties or consequential or | ||
incidental damages;
| ||
(vii) any stop-loss insurance, as defined in clause (b) | ||
of Class 1 or
clause (a) of Class 2 of Section 4, and | ||
further defined in subsection (d) of
Section 352;
| ||
(viii) any policy or contract providing any hospital, | ||
medical, prescription drug, or other health care benefits | ||
pursuant to Part C or Part D of Subchapter XVIII, Chapter 7 | ||
of Title 42 of the United States Code (commonly known as | ||
Medicare Part C & D) or any regulations issued pursuant | ||
thereto; | ||
(ix) any portion of a policy or contract to the extent |
that the assessments required by Section 531.09 of this | ||
Code with respect to the policy or contract are preempted | ||
or otherwise not permitted by federal or State law; | ||
(x) any portion of a policy or contract issued to a | ||
plan or program of an employer, association, or other | ||
person to provide life, health, or annuity benefits to its | ||
employees, members, or others to the extent that the plan | ||
or program is self-funded or uninsured, including, but not | ||
limited to, benefits payable by an employer, association, | ||
or other person under: | ||
(A) a multiple employer welfare arrangement as | ||
defined in 29 U.S.C. Section 1144; | ||
(B) a minimum premium group insurance plan; | ||
(C) a stop-loss group insurance plan; or | ||
(D) an administrative services only contract; | ||
(xi) any portion of a policy or contract to the extent | ||
that it provides for: | ||
(A) dividends or experience rating credits; | ||
(B) voting rights; or | ||
(C) payment of any fees or allowances to any | ||
person, including the policy or contract owner, in | ||
connection with the service to or administration of the | ||
policy or contract; | ||
(xii) any policy or contract issued in this State by a | ||
member insurer at a time when it was not licensed or did | ||
not have a certificate of authority to issue the policy or |
contract in this State; | ||
(xiii) any contractual agreement that establishes the | ||
member insurer's obligations to provide a book value | ||
accounting guaranty for defined contribution benefit plan | ||
participants by reference to a portfolio of assets that is | ||
owned by the benefit plan or its trustee, which in each | ||
case is not an affiliate of the member insurer; | ||
(xiv) any portion of a policy or contract to the extent | ||
that it provides for interest or other changes in value to | ||
be determined by the use of an index or other external | ||
reference stated in the policy or contract, but which have | ||
not been credited to the policy or contract, or as to which | ||
the policy or contract owner's rights are subject to | ||
forfeiture, as of the date the member insurer becomes an | ||
impaired or insolvent insurer under this Code, whichever is | ||
earlier. If a policy's or contract's interest or changes in | ||
value are credited less frequently than annually, then for | ||
purposes of determining the values that have been credited | ||
and are not subject to forfeiture under this Section, the | ||
interest or change in value determined by using the | ||
procedures defined in the policy or contract will be | ||
credited as if the contractual date of crediting interest | ||
or changing values was the date of impairment or | ||
insolvency, whichever is earlier, and will not be subject | ||
to forfeiture; or
| ||
(xv) that portion or part of a variable life insurance |
or
variable
annuity
contract not guaranteed by an insurer.
| ||
(3) The benefits for which the Association may become | ||
liable shall in
no event exceed the lesser of:
| ||
(a) the contractual obligations for which the insurer | ||
is liable or would
have been liable if it were not an | ||
impaired or insolvent insurer, or
| ||
(b)(i) with respect to any one life, regardless of the | ||
number of policies
or
contracts:
| ||
(A) $300,000 in life insurance death benefits, but | ||
not more than
$100,000 in net cash surrender and net | ||
cash withdrawal values for life
insurance;
| ||
(B) in health insurance benefits: | ||
(I) $100,000 for coverages not defined as | ||
disability insurance or basic hospital, medical, | ||
and surgical insurance or major medical insurance | ||
or long-term care insurance, including any net | ||
cash surrender and net cash withdrawal values; | ||
(II) $300,000 for disability insurance and | ||
$300,000 for long-term care insurance as defined | ||
in Section 351A-1 of this Code; and | ||
(III) $500,000 for basic hospital medical and | ||
surgical insurance or major medical insurance;
| ||
(C) $250,000 in the present value of annuity | ||
benefits, including net cash surrender and net cash | ||
withdrawal values; | ||
(ii) with respect to each individual participating in a |
governmental retirement benefit plan established under | ||
Section Sections 401, 403(b), or 457 of the U.S. Internal | ||
Revenue Code covered by an unallocated annuity contract or | ||
the beneficiaries of each such individual if deceased, in | ||
the aggregate, $250,000 in present value annuity benefits, | ||
including net cash surrender and net cash withdrawal | ||
values; | ||
(iii) with respect to each payee of a structured | ||
settlement annuity or beneficiary or beneficiaries of the | ||
payee if deceased, $250,000 in present value annuity | ||
benefits, in the aggregate, including net cash surrender | ||
and net cash withdrawal values, if any; or | ||
(iv) with respect to either (1) one contract owner | ||
provided coverage under subparagraph (ii) of paragraph (c) | ||
of subsection (1) of this Section or (2) one plan sponsor | ||
whose plans own directly or in trust one or more | ||
unallocated annuity contracts not included in subparagraph | ||
(ii) of paragraph (b) of this subsection, $5,000,000 in | ||
benefits, irrespective of the number of contracts with | ||
respect to the contract owner or plan sponsor. However, in | ||
the case where one or more unallocated annuity contracts | ||
are covered contracts under this Article and are owned by a | ||
trust or other entity for the benefit of 2 or more plan | ||
sponsors, coverage shall be afforded by the Association if | ||
the largest interest in the trust or entity owning the | ||
contract or contracts is held by a plan sponsor whose |
principal place of business is in this State. In no event | ||
shall the Association be obligated to cover more than | ||
$5,000,000 in benefits with respect to all these | ||
unallocated contracts. | ||
In no event shall the Association be obligated to cover | ||
more than (1) an aggregate of $300,000 in benefits with respect | ||
to any one life under subparagraphs (i), (ii), and (iii) of | ||
this paragraph (b) except with respect to benefits for basic | ||
hospital, medical, and surgical insurance and major medical | ||
insurance under item (B) of subparagraph (i) of this paragraph | ||
(b), in which case the aggregate liability of the Association | ||
shall not exceed $500,000 with respect to any one individual or | ||
(2) with respect to one owner of multiple nongroup policies of | ||
life insurance, whether the policy owner is an individual, | ||
firm, corporation, or other person and whether the persons | ||
insured are officers, managers, employees, or other persons, | ||
$5,000,000 in benefits, regardless of the number of policies | ||
and contracts held by the owner. | ||
The limitations set forth in this subsection are | ||
limitations on the benefits for which the Association is | ||
obligated before taking into account either its subrogation and | ||
assignment rights or the extent to which those benefits could | ||
be provided out of the assets of the impaired or insolvent | ||
insurer attributable to covered policies. The costs of the | ||
Association's obligations under this Article may be met by the | ||
use of assets attributable to covered policies or reimbursed to |
the Association pursuant to its subrogation and assignment | ||
rights.
| ||
(4) In performing its obligations to provide coverage under | ||
Section 531.08 of this Code, the Association shall not be | ||
required to guarantee, assume, reinsure, or perform or cause to | ||
be guaranteed, assumed, reinsured, or performed the | ||
contractual obligations of the insolvent or impaired insurer | ||
under a covered policy or contract that do not materially | ||
affect the economic values or economic benefits of the covered | ||
policy or contract. | ||
(Source: P.A. 96-1450, eff. 8-20-10; revised 10-5-17.)
| ||
(215 ILCS 5/1563)
| ||
Sec. 1563. Fees. (a) The fees required by this Article
are | ||
as follows: | ||
(1) Public adjuster license fee of $250, payable once | ||
every 2 years. | ||
(2) Business entity license fee of $250, payable once | ||
every 2 years. | ||
(3) Application fee of $50 for processing each request | ||
to take the written examination for a public adjuster | ||
license.
| ||
(Source: P.A. 96-1332, eff. 1-1-11; revised 11-8-17.) | ||
Section 340. The Health Maintenance Organization Act is | ||
amended by changing Sections 5-1 and 5-3 as follows:
|
(215 ILCS 125/5-1) (from Ch. 111 1/2, par. 1409A)
| ||
Sec. 5-1.
Section 155 of the Illinois Insurance Code shall | ||
apply to Health
Maintenance Organizations; except that no | ||
action shall be brought for an
unreasonable delay in the | ||
settling of a claim if the delay is caused by the
failure of | ||
the enrollee to execute a lien as requested by the health care | ||
plan.
| ||
(Source: P.A. 85-20; revised 10-5-17.)
| ||
(215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2)
| ||
Sec. 5-3. Insurance Code provisions.
| ||
(a) Health Maintenance Organizations
shall be subject to | ||
the provisions of Sections 133, 134, 136, 137, 139, 140, 141.1,
| ||
141.2, 141.3, 143, 143c, 147, 148, 149, 151,
152, 153, 154, | ||
154.5, 154.6,
154.7, 154.8, 155.04, 155.22a, 355.2, 355.3, | ||
355b, 356g.5-1, 356m, 356v, 356w, 356x, 356y,
356z.2, 356z.4, | ||
356z.5, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, | ||
356z.13, 356z.14, 356z.15, 356z.17, 356z.18, 356z.19, 356z.21, | ||
356z.22, 356z.25, 356z.26, 364, 364.01, 367.2, 367.2-5, 367i, | ||
368a, 368b, 368c, 368d, 368e, 370c,
370c.1, 401, 401.1, 402, | ||
403, 403A,
408, 408.2, 409, 412, 444,
and
444.1,
paragraph (c) | ||
of subsection (2) of Section 367, and Articles IIA, VIII 1/2,
| ||
XII,
XII 1/2, XIII, XIII 1/2, XXV, and XXVI of the Illinois | ||
Insurance Code.
| ||
(b) For purposes of the Illinois Insurance Code, except for |
Sections 444
and 444.1 and Articles XIII and XIII 1/2, Health | ||
Maintenance Organizations in
the following categories are | ||
deemed to be "domestic companies":
| ||
(1) a corporation authorized under the
Dental Service | ||
Plan Act or the Voluntary Health Services Plans Act;
| ||
(2) a corporation organized under the laws of this | ||
State; or
| ||
(3) a corporation organized under the laws of another | ||
state, 30% or more
of the enrollees of which are residents | ||
of this State, except a
corporation subject to | ||
substantially the same requirements in its state of
| ||
organization as is a "domestic company" under Article VIII | ||
1/2 of the
Illinois Insurance Code.
| ||
(c) In considering the merger, consolidation, or other | ||
acquisition of
control of a Health Maintenance Organization | ||
pursuant to Article VIII 1/2
of the Illinois Insurance Code,
| ||
(1) the Director shall give primary consideration to | ||
the continuation of
benefits to enrollees and the financial | ||
conditions of the acquired Health
Maintenance Organization | ||
after the merger, consolidation, or other
acquisition of | ||
control takes effect;
| ||
(2)(i) the criteria specified in subsection (1)(b) of | ||
Section 131.8 of
the Illinois Insurance Code shall not | ||
apply and (ii) the Director, in making
his determination | ||
with respect to the merger, consolidation, or other
| ||
acquisition of control, need not take into account the |
effect on
competition of the merger, consolidation, or | ||
other acquisition of control;
| ||
(3) the Director shall have the power to require the | ||
following
information:
| ||
(A) certification by an independent actuary of the | ||
adequacy
of the reserves of the Health Maintenance | ||
Organization sought to be acquired;
| ||
(B) pro forma financial statements reflecting the | ||
combined balance
sheets of the acquiring company and | ||
the Health Maintenance Organization sought
to be | ||
acquired as of the end of the preceding year and as of | ||
a date 90 days
prior to the acquisition, as well as pro | ||
forma financial statements
reflecting projected | ||
combined operation for a period of 2 years;
| ||
(C) a pro forma business plan detailing an | ||
acquiring party's plans with
respect to the operation | ||
of the Health Maintenance Organization sought to
be | ||
acquired for a period of not less than 3 years; and
| ||
(D) such other information as the Director shall | ||
require.
| ||
(d) The provisions of Article VIII 1/2 of the Illinois | ||
Insurance Code
and this Section 5-3 shall apply to the sale by | ||
any health maintenance
organization of greater than 10% of its
| ||
enrollee population (including without limitation the health | ||
maintenance
organization's right, title, and interest in and to | ||
its health care
certificates).
|
(e) In considering any management contract or service | ||
agreement subject
to Section 141.1 of the Illinois Insurance | ||
Code, the Director (i) shall, in
addition to the criteria | ||
specified in Section 141.2 of the Illinois
Insurance Code, take | ||
into account the effect of the management contract or
service | ||
agreement on the continuation of benefits to enrollees and the
| ||
financial condition of the health maintenance organization to | ||
be managed or
serviced, and (ii) need not take into account the | ||
effect of the management
contract or service agreement on | ||
competition.
| ||
(f) Except for small employer groups as defined in the | ||
Small Employer
Rating, Renewability and Portability Health | ||
Insurance Act and except for
medicare supplement policies as | ||
defined in Section 363 of the Illinois
Insurance Code, a Health | ||
Maintenance Organization may by contract agree with a
group or | ||
other enrollment unit to effect refunds or charge additional | ||
premiums
under the following terms and conditions:
| ||
(i) the amount of, and other terms and conditions with | ||
respect to, the
refund or additional premium are set forth | ||
in the group or enrollment unit
contract agreed in advance | ||
of the period for which a refund is to be paid or
| ||
additional premium is to be charged (which period shall not | ||
be less than one
year); and
| ||
(ii) the amount of the refund or additional premium | ||
shall not exceed 20%
of the Health Maintenance | ||
Organization's profitable or unprofitable experience
with |
respect to the group or other enrollment unit for the | ||
period (and, for
purposes of a refund or additional | ||
premium, the profitable or unprofitable
experience shall | ||
be calculated taking into account a pro rata share of the
| ||
Health Maintenance Organization's administrative and | ||
marketing expenses, but
shall not include any refund to be | ||
made or additional premium to be paid
pursuant to this | ||
subsection (f)). The Health Maintenance Organization and | ||
the
group or enrollment unit may agree that the profitable | ||
or unprofitable
experience may be calculated taking into | ||
account the refund period and the
immediately preceding 2 | ||
plan years.
| ||
The Health Maintenance Organization shall include a | ||
statement in the
evidence of coverage issued to each enrollee | ||
describing the possibility of a
refund or additional premium, | ||
and upon request of any group or enrollment unit,
provide to | ||
the group or enrollment unit a description of the method used | ||
to
calculate (1) the Health Maintenance Organization's | ||
profitable experience with
respect to the group or enrollment | ||
unit and the resulting refund to the group
or enrollment unit | ||
or (2) the Health Maintenance Organization's unprofitable
| ||
experience with respect to the group or enrollment unit and the | ||
resulting
additional premium to be paid by the group or | ||
enrollment unit.
| ||
In no event shall the Illinois Health Maintenance | ||
Organization
Guaranty Association be liable to pay any |
contractual obligation of an
insolvent organization to pay any | ||
refund authorized under this Section.
| ||
(g) Rulemaking authority to implement Public Act 95-1045, | ||
if any, is conditioned on the rules being adopted in accordance | ||
with all provisions of the Illinois Administrative Procedure | ||
Act and all rules and procedures of the Joint Committee on | ||
Administrative Rules; any purported rule not so adopted, for | ||
whatever reason, is unauthorized. | ||
(Source: P.A. 99-761, eff. 1-1-18; 100-24, eff. 7-18-17; | ||
100-138, eff. 8-18-17; revised 10-5-17.) | ||
Section 345. The Limited Health Service Organization Act is | ||
amended by changing Section 4003 as follows:
| ||
(215 ILCS 130/4003) (from Ch. 73, par. 1504-3)
| ||
Sec. 4003. Illinois Insurance Code provisions. Limited | ||
health service
organizations shall be subject to the provisions | ||
of Sections 133, 134, 136, 137, 139,
140, 141.1, 141.2, 141.3, | ||
143, 143c, 147, 148, 149, 151, 152, 153, 154, 154.5,
154.6, | ||
154.7, 154.8, 155.04, 155.37, 355.2, 355.3, 355b, 356v, | ||
356z.10, 356z.21, 356z.22, 356z.25, 356z.26, 368a, 401, 401.1,
| ||
402,
403, 403A, 408,
408.2, 409, 412, 444, and 444.1 and | ||
Articles IIA, VIII 1/2, XII, XII 1/2,
XIII,
XIII 1/2, XXV, and | ||
XXVI of the Illinois Insurance Code. For purposes of the
| ||
Illinois Insurance Code, except for Sections 444 and 444.1 and | ||
Articles XIII
and XIII 1/2, limited health service |
organizations in the following categories
are deemed to be | ||
domestic companies:
| ||
(1) a corporation under the laws of this State; or
| ||
(2) a corporation organized under the laws of another | ||
state, 30% or more
of the enrollees of which are residents | ||
of this State, except a corporation
subject to | ||
substantially the same requirements in its state of | ||
organization as
is a domestic company under Article VIII | ||
1/2 of the Illinois Insurance Code.
| ||
(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17; | ||
100-201, eff. 8-18-17; revised 10-5-17.)
| ||
Section 350. The Viatical Settlements Act of 2009 is | ||
amended by changing Section 5 as follows: | ||
(215 ILCS 159/5)
| ||
Sec. 5. Definitions. | ||
"Accredited investor" means an accredited investor as | ||
defined in Rule 501(a) promulgated under the Securities Act of | ||
1933 (15 U.S.C. 77 et seq.), as amended. | ||
"Advertising" means any written, electronic, or printed | ||
communication or any communication by means of recorded | ||
telephone messages or transmitted on radio, television, the | ||
Internet, or similar communications media, including film | ||
strips, digital picture slides, motion pictures, and videos | ||
published, disseminated, circulated, or placed before the |
public in this State, for the purpose of creating an interest | ||
in or inducing a person to sell, assign, devise, bequest, or | ||
transfer the death benefit or ownership of a policy pursuant to | ||
a viatical settlement contract. | ||
"Alien licensee" means a licensee incorporated or | ||
organized under the laws of any country other than the United | ||
States. | ||
"Business of viatical settlements" means any activity | ||
involved in, but not limited to, the offering, soliciting, | ||
negotiating, procuring, effectuating, purchasing, investing, | ||
financing, monitoring, tracking, underwriting, selling, | ||
transferring, assigning, pledging, or hypothecating or in any | ||
other manner acquiring an interest in a life insurance policy | ||
by means of a viatical settlement contract or other agreement. | ||
"Chronically ill" means having been certified within the | ||
preceding 12-month period by a licensed health professional as: | ||
(1) being unable to perform, without substantial | ||
assistance from another individual and for at least 90 days | ||
due to a loss of functional capacity, at least 2 activities | ||
of daily living, including, but not limited to, eating, | ||
toileting, transferring, bathing, dressing, or continence; | ||
(2) requiring substantial supervision to protect the | ||
individual from threats to health and safety due to severe | ||
cognitive impairment; or | ||
(3) having a level of disability similar to that | ||
described in paragraph (1) as determined by the Secretary |
of Health and Human Services. | ||
"Controlling person" means any person, firm, association, | ||
or corporation that directly or indirectly has the power to | ||
direct or cause to be directed the management, control, or | ||
activities of the viatical settlement provider. | ||
"Director" means the Director of the Division of Insurance | ||
of the Department of Financial and Professional Regulation. | ||
"Division" means the Division of Insurance of the | ||
Department of Financial and Professional Regulation. | ||
"Escrow agent" means an independent third-party person | ||
who, pursuant to a written agreement signed by the viatical | ||
settlement provider and viator, provides escrow services | ||
related to the acquisition of a life insurance policy pursuant | ||
to a viatical settlement contract. "Escrow agent" does not | ||
include
any person associated or affiliated with or under the | ||
control of a
licensee. | ||
"Financial institution" means a financial institution as | ||
defined by the Financial Institutions Insurance Sales Law in | ||
Article XLIV of the Illinois Insurance Code. | ||
"Financing entity" means an underwriter, placement agent, | ||
lender, purchaser of securities, purchaser of a policy or | ||
certificate from a viatical settlement provider, credit | ||
enhancer, or an entity that has a direct ownership in a policy | ||
that is the subject of a viatical settlement contract, and to | ||
which both of the following apply: | ||
(1) its principal activity related to the transaction |
is providing funds to effect the viatical settlement or | ||
purchase of one or more viaticated policies; and | ||
(2) it has an agreement in writing with one or more | ||
licensed viatical settlement providers to finance the | ||
acquisition of viatical settlement contracts. | ||
"Financing entity" does not include an investor that is not an | ||
accredited investor. | ||
"Financing transaction" means a transaction in which a | ||
viatical
settlement provider obtains financing from a | ||
financing entity,
including, without limitation, any secured | ||
or unsecured financing,
securitization transaction, or | ||
securities offering that
either is registered or exempt from | ||
registration under federal and
State securities law. | ||
"Foreign licensee" means any viatical settlement provider | ||
incorporated or organized under the laws of any state of the | ||
United States other than this State. | ||
"Insurance producer" means an insurance producer as | ||
defined by Section 10 of Article XXXI of the Illinois Insurance | ||
Code. | ||
"Licensee" means a viatical settlement provider or | ||
viatical settlement broker. | ||
"Life expectancy provider" means a person who determines or | ||
holds himself or herself out as determining life expectancies | ||
or mortality ratings used to determine life expectancies on | ||
behalf of or in connection with any of the following: | ||
(1) A viatical settlement provider, viatical |
settlement broker, or person engaged in the business of | ||
viatical settlements. | ||
(2) A viatical investment as defined by Section 2.33 of | ||
the Illinois Securities Law of 1953 or a viatical | ||
settlement contract. | ||
"NAIC" means the National Association of Insurance | ||
Commissioners. | ||
"Person" means an individual or a legal entity, including, | ||
without limitation, a partnership, limited liability company, | ||
limited liability partnership, association, trust, business | ||
trust, or corporation. | ||
"Policy" means an individual or group policy, group | ||
certificate, contract, or arrangement of insurance of the class | ||
defined by subsection (a) of Section 4 of the Illinois | ||
Insurance Code owned by a resident of this State, regardless of | ||
whether delivered or issued for delivery in this State. | ||
"Qualified institutional buyer" means a qualified | ||
institutional buyer as defined in Rule 144 promulgated under | ||
the Securities Act of 1933, as amended. | ||
"Related provider trust" means a titling trust or other | ||
trust established by a licensed viatical settlement provider or | ||
a financing entity for the sole purpose of holding the | ||
ownership or beneficial interest in purchased policies in | ||
connection with a financing transaction. The trust shall have a | ||
written agreement with the licensed viatical settlement | ||
provider under which the licensed viatical settlement provider |
is responsible for ensuring compliance with all statutory and | ||
regulatory requirements and under which the trust agrees to | ||
make all records and files related to viatical settlement | ||
transactions available to the Director as if those records and | ||
files were maintained directly by the licensed viatical | ||
settlement provider. | ||
"Special purpose entity" means a corporation, partnership, | ||
trust, limited liability company, or other similar entity | ||
formed only to provide, directly or indirectly, access to | ||
institutional capital markets (i) for a financing entity or | ||
licensed viatical settlement provider; or (ii) in connection | ||
with a transaction in which the securities in the special | ||
purposes entity are acquired by the viator or by qualified | ||
institutional buyers or
the securities pay a fixed rate of | ||
return commensurate with established asset-backed | ||
institutional capital markets. | ||
"Stranger-originated life insurance" or "STOLI" means an | ||
act, practice, or arrangement to initiate a life insurance | ||
policy for the benefit of a third-party investor who, at the | ||
time of policy origination, has no insurable interest in the | ||
insured. STOLI practices include, but are not limited to, cases | ||
in which life insurance is purchased with resources or | ||
guarantees from or through a person or entity who, at the time | ||
of policy inception, could not lawfully initiate the policy | ||
himself or itself and where, at the time of policy inception, | ||
there is an arrangement or agreement, whether verbal or |
written, to directly or indirectly transfer the ownership of | ||
the policy or policy benefits to a third party. Trusts created | ||
to give the appearance of an insurable interest and used to | ||
initiate policies for investors violate insurance interest | ||
laws and the prohibition against wagering on life. STOLI | ||
arrangements do not include lawful viatical settlement | ||
contracts as permitted by this Act. | ||
"Terminally ill" means certified by a physician as having | ||
an illness or physical condition that reasonably is expected to | ||
result in death in 24 months or less. | ||
"Viatical settlement broker" means a licensed insurance | ||
producer who has been issued a license pursuant to paragraph | ||
(1) or (2) of subsection (a) of Section 500-35 Section | ||
500-35(a)(1) or 500-35(a)(2) of the Illinois Insurance Code | ||
who, working exclusively on behalf of a viator and for a fee, | ||
commission, or other valuable consideration, offers, solicits, | ||
promotes, or attempts to negotiate viatical settlement | ||
contracts between a viator and one or more viatical settlement | ||
providers or one or more viatical settlement brokers. "Viatical | ||
settlement broker" does not include an attorney, certified | ||
public accountant, or a financial planner accredited by a | ||
nationally recognized accreditation agency, who is retained to | ||
represent the viator and whose compensation is not paid | ||
directly or indirectly by the viatical settlement provider or | ||
purchaser. | ||
"Viatical settlement contract" means any of the following: |
(1) A written agreement between a
viator and a viatical | ||
settlement provider establishing the terms under which | ||
compensation or anything of value is or will be paid, which | ||
compensation or value is less than the expected death | ||
benefits of the policy, in return for the viator's present | ||
or future assignment, transfer, sale, devise, or bequest of | ||
the death benefit or ownership of any portion of the | ||
insurance policy. | ||
(2) A written agreement for a loan or other lending | ||
transaction, secured primarily by an individual life | ||
insurance policy or an individual certificate of a group | ||
life insurance policy. | ||
(3) The transfer for compensation or value of ownership | ||
of
a beneficial interest in a trust or other entity that | ||
owns such policy,
if the trust or other entity was formed | ||
or availed of for the
principal purpose of acquiring one or | ||
more life insurance contracts and the life insurance | ||
contract insures the life of a person residing
in this | ||
State. | ||
(4) A premium finance loan made for a life insurance | ||
policy by a lender to a viator on, before, or after the | ||
date of issuance of the policy in either of the following | ||
situations: | ||
(A) The viator or the insured receives a guarantee | ||
of the viatical settlement value of the policy. | ||
(B) The viator or the insured agrees to sell the |
policy or any portion of the policy's death benefit on | ||
any date before or after issuance of the policy. | ||
"Viatical settlement contract" does not include any of the | ||
following acts, practices, or arrangements listed below in | ||
subparagraphs (a) through (i) of this definition of "viatical | ||
settlement contract", unless part of a plan, scheme, device, or | ||
artifice to
avoid application of this Act; provided, however, | ||
that the list of excluded items contained in subparagraphs (a) | ||
through (i) is not intended to be an exhaustive list and that | ||
an act, practice, or arrangement that is not described below in | ||
subparagraphs (a) through (i) does not necessarily constitute a | ||
viatical settlement contract: | ||
(a) A policy loan or accelerated death benefit made by | ||
the insurer pursuant to the policy's terms;
| ||
(b) Loan proceeds that are used solely to pay:
(i) | ||
premiums for the policy and
(ii) the costs of the loan, | ||
including, without limitation, interest, arrangement fees, | ||
utilization fees and similar fees, closing costs, legal | ||
fees and expenses, trustee fees and expenses, and third | ||
party collateral provider fees and expenses, including | ||
fees payable to letter of credit issuers; | ||
(c) A loan made by a bank or other financial | ||
institution in which the lender takes an interest in a life | ||
insurance policy solely to secure repayment of a loan or, | ||
if there is a default on the loan and the policy is | ||
transferred, the transfer of such a policy by the lender, |
provided that neither the default itself nor the transfer | ||
of the
policy in connection with the default is pursuant to | ||
an agreement or understanding with any other person for the | ||
purpose of evading regulation under this Act; | ||
(d) A loan made by a lender that does not violate | ||
Article XXXIIa of the Illinois Insurance Code, provided | ||
that the premium finance loan is not described in this Act; | ||
(e) An agreement in which all the parties (i) are | ||
closely related to the insured by blood or law or (ii) have | ||
a lawful substantial economic interest in the continued | ||
life, health, and bodily safety of the person insured, or | ||
trusts established primarily for the benefit of such | ||
parties;
| ||
(f) Any designation, consent, or agreement by an | ||
insured who is an employee of an employer in connection | ||
with the purchase by the employer, or trust established by | ||
the employer, of life insurance on the life of the | ||
employee;
| ||
(g) A bona fide business succession planning | ||
arrangement:
(i) between one or more shareholders in a | ||
corporation or between a corporation and one or more of its | ||
shareholders or one or more trusts established by its | ||
shareholders;
(ii) between one or more partners in a | ||
partnership or between a partnership and one or more of its | ||
partners or one or more trusts established by its partners; | ||
or
(iii) between one or more members in a limited liability |
company or between a limited liability company and one or | ||
more of its members or one or more trusts established by | ||
its members; | ||
(h) An agreement entered into by a service recipient, | ||
or a trust established by the service recipient, and a | ||
service provider, or a trust established by the service | ||
provider, who performs significant services for the | ||
service recipient's trade or business;
or | ||
(i) Any other contract, transaction, or arrangement | ||
exempted from the definition of viatical settlement | ||
contract by the Director based on the Director's | ||
determination that the contract, transaction, or | ||
arrangement is not of the type intended to be regulated by | ||
this Act.
| ||
"Viatical settlement investment agent" means a person who | ||
is an appointed or contracted agent of a licensed viatical | ||
settlement provider who solicits or arranges the funding for | ||
the purchase of a viatical settlement by a viatical settlement | ||
purchaser and who is acting on behalf of a viatical settlement | ||
provider.
A viatical settlement investment agent is deemed to | ||
represent the viatical settlement provider of whom the viatical | ||
settlement investment agent is an appointed or contracted | ||
agent. | ||
"Viatical settlement provider" means a person, other than a | ||
viator, who enters into or effectuates a viatical settlement | ||
contract with a viator. "Viatical settlement provider" does not |
include: | ||
(1) a bank, savings bank, savings and loan association, | ||
credit union, or other financial institution that takes an | ||
assignment of a policy as collateral for a loan; | ||
(2) a financial institution or premium finance company | ||
making premium finance loans and exempted by the Director | ||
from the licensing requirement under the premium finance | ||
laws where the institution or company takes an assignment | ||
of a life insurance policy solely as collateral for a | ||
premium finance loan; | ||
(3) the issuer of the life insurance policy; | ||
(4) an authorized or eligible insurer that provides | ||
stop loss coverage or financial guaranty insurance to a | ||
viatical settlement provider, purchaser, financing entity, | ||
special purpose entity, or related provider trust; | ||
(5) An individual person who enters into or effectuates | ||
no more than one viatical settlement contract in a calendar | ||
year for the transfer of policies for any value less than | ||
the expected death benefit; | ||
(6) a financing entity; | ||
(7) a special purpose entity; | ||
(8) a related provider trust; | ||
(9) a viatical settlement purchaser; or | ||
(10) any other person that the Director determines is | ||
consistent with the definition of viatical settlement | ||
provider. |
"Viatical settlement purchaser" means a person who | ||
provides a sum of money as consideration for a life insurance | ||
policy or an interest in the death benefits of a life insurance | ||
policy, or a person who owns or acquires or is entitled to a | ||
beneficial interest in a trust that owns a viatical settlement | ||
contract or is the beneficiary of a life insurance policy, in | ||
each case where such policy has been or will be the subject of | ||
a viatical settlement contract, for the purpose of deriving an | ||
economic benefit. "Viatical settlement purchaser" does not | ||
include:
(i) a licensee under this Act;
(ii) an accredited | ||
investor or qualified institutional buyer;
(iii) a financing | ||
entity;
(iv) a special purpose entity; or
(v) a related | ||
provider trust.
| ||
"Viaticated policy" means a life insurance policy that has | ||
been acquired by a viatical settlement provider pursuant to a | ||
viatical settlement contract. | ||
"Viator" means the owner of a life insurance policy or a | ||
certificate holder under a group policy who enters or seeks to | ||
enter into a viatical settlement contract. For the purposes of | ||
this Act, a viator is not limited to an owner of a life | ||
insurance policy or a certificate holder under a group policy | ||
insuring the life of an individual with a terminal or chronic | ||
illness or condition, except where specifically addressed. | ||
"Viator" does not include: | ||
(1) a licensee; | ||
(2) a qualified institutional buyer; |
(3) a financing entity; | ||
(4) a special purpose entity; or | ||
(5) a related provider trust.
| ||
(Source: P.A. 96-736, eff. 7-1-10; revised 10-5-17.) | ||
Section 355. The Voluntary Health Services Plans Act is | ||
amended by changing Section 10 as follows:
| ||
(215 ILCS 165/10) (from Ch. 32, par. 604)
| ||
Sec. 10. Application of Insurance Code provisions. Health | ||
services
plan corporations and all persons interested therein | ||
or dealing therewith
shall be subject to the provisions of | ||
Articles IIA and XII 1/2 and Sections
3.1, 133, 136, 139, 140, | ||
143, 143c, 149, 155.22a, 155.37, 354, 355.2, 355.3, 355b, 356g, | ||
356g.5, 356g.5-1, 356r, 356t, 356u, 356v,
356w, 356x, 356y, | ||
356z.1, 356z.2, 356z.4, 356z.5, 356z.6, 356z.8, 356z.9,
| ||
356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.18, | ||
356z.19, 356z.21, 356z.22, 356z.25, 356z.26, 364.01, 367.2, | ||
368a, 401, 401.1,
402,
403, 403A, 408,
408.2, and 412, and | ||
paragraphs (7) and (15) of Section 367 of the Illinois
| ||
Insurance Code.
| ||
Rulemaking authority to implement Public Act 95-1045, if | ||
any, is conditioned on the rules being adopted in accordance | ||
with all provisions of the Illinois Administrative Procedure | ||
Act and all rules and procedures of the Joint Committee on | ||
Administrative Rules; any purported rule not so adopted, for |
whatever reason, is unauthorized. | ||
(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17; | ||
revised 10-5-17.) | ||
Section 360. The Unclaimed Life Insurance Benefits Act is | ||
amended by changing Sections 15 and 35 as follows: | ||
(215 ILCS 185/15) | ||
Sec. 15. Insurer conduct. | ||
(a) An insurer shall initially perform a comparison of its | ||
insureds', annuitants', and retained asset account holders' | ||
in-force policies, annuity contracts, and retained asset | ||
accounts in force on or after January 1, 2017 by using the full | ||
Death Master File. The initial comparison shall be completed on | ||
or before December 31, 2017. An insurer required to perform a | ||
comparison of its insureds', annuitants', and retained asset | ||
account holders' in-force policies, annuity contracts, and | ||
retained asset accounts in force on or after January 1, 2012 | ||
shall perform a comparison of policies, annuity contracts, and | ||
retained asset accounts in force between January 1, 2012 and | ||
December 31, 2016 on or before December 31, 2018 by using the | ||
full Death Master File. An insurer required to perform a | ||
comparison of electronic searchable files concerning its | ||
insureds', annuitants', and retained asset account holders' | ||
in-force policies, annuity contracts, and retained asset | ||
accounts in force on or after January 1, 2000 shall perform a |
comparison of policies, annuity contracts, and retained asset | ||
accounts in force between January 1, 2000 and December 31, 2016 | ||
on or before December 31, 2018 by using the full Death Master | ||
File. Thereafter, an insurer shall perform a comparison on at | ||
least a semi-annual basis using the Death Master File update | ||
files for comparisons to identify potential matches of its | ||
insureds, annuitants, and retained asset account holders. In | ||
the event that one of the insurer's lines of business conducts | ||
a search for matches of its insureds, annuitants, and retained | ||
asset account holders against the Death Master File at | ||
intervals more frequently than semi-annually, then all lines of | ||
the insurer's business shall conduct searches for matches | ||
against the Death Master File with the same frequency. Within 6 | ||
months after acquisition of policies, annuity contracts, or | ||
retained asset accounts from another insurer, the acquiring | ||
insurer shall compare all newly acquired policies, annuity | ||
contracts, and retained asset accounts that were not searched | ||
by the previous insurer in compliance with this Act against the | ||
complete Death Master File to identify potential matches of its | ||
insureds, annuitants, and retained asset account holders. Upon | ||
any subsequent acquisition of policies, annuity contracts, or | ||
retained asset accounts from another insurer, when the previous | ||
insurer has already conducted a search of the newly acquired | ||
policies, annuity contracts, and retained asset accounts using | ||
the complete Death Master File, the acquiring insurer shall | ||
compare all newly acquired policies, annuity contracts, and |
retained asset accounts using all of the Death Master File | ||
updates since the time the previous insurer conducted the | ||
complete search to identify potential matches of its insureds, | ||
annuitants, and retained asset account holders. | ||
An insured, an annuitant, or a retained asset account | ||
holder is presumed dead if the date of his or her death is | ||
indicated by the comparison required in this subsection (a), | ||
unless the insurer has competent and substantial evidence that | ||
the person is living, including, but not limited to, a contact | ||
made by the insurer with the person or his or her legal | ||
representative. | ||
For those potential matches identified as a result of a | ||
Death Master File match, the insurer shall within 120 days | ||
after the date of death notice, if the insurer has not been | ||
contacted by a beneficiary, determine whether benefits are due | ||
in accordance with the applicable policy or contract and, if | ||
benefits are due in accordance with the applicable policy or | ||
contract: | ||
(1) use good faith efforts, which shall be documented | ||
by the insurer, to locate the beneficiary or beneficiaries; | ||
the Department shall establish by administrative rule | ||
minimum standards for what constitutes good faith efforts | ||
to locate a beneficiary, which shall include: (A) searching | ||
insurer records; (B) the appropriate use of First Class | ||
United States mail, e-mail addresses, and telephone calls; | ||
and (C) reasonable efforts by insurers to obtain updated |
contact information for the beneficiary or beneficiaries; | ||
good faith efforts shall not include additional attempts to | ||
contact the beneficiary at an address already confirmed not | ||
to be current; and | ||
(2) provide the appropriate claims forms or | ||
instructions to the beneficiary or beneficiaries to make a | ||
claim, including the need to provide an official death | ||
certificate if applicable under the policy or annuity | ||
contract. | ||
(b) Insurers shall implement procedures to account for the | ||
following when conducting searches of the Death Master File: | ||
(1) common nicknames, initials used in lieu of a first | ||
or middle name, use of a middle name, compound first and | ||
middle names, and interchanged first and middle names; | ||
(2) compound last names, maiden or married names, and | ||
hyphens, blank spaces, or apostrophes in last names; | ||
(3) transposition of the "month" and "date" portions of | ||
the date of birth; and | ||
(4) incomplete social security numbers. | ||
(c) To the extent permitted by law, an insurer may disclose | ||
the minimum necessary personal information about the insured, | ||
annuity owner, retained asset account holder, or beneficiary to | ||
a person whom the insurer reasonably believes may be able to | ||
assist the insurer with locating the beneficiary or a person | ||
otherwise entitled to payment of the claims proceeds. | ||
(d) An insurer or its service provider shall not charge any |
beneficiary or other authorized representative for any fees or | ||
costs associated with a Death Master File search or | ||
verification of a Death Master File match conducted pursuant to | ||
this Act. | ||
(e) The benefits from a policy, annuity contract, or a | ||
retained asset account, plus any applicable accrued interest, | ||
shall first be payable to the designated beneficiaries or | ||
owners and, in the event the beneficiaries or owners cannot be | ||
found, shall be reported and delivered to the State Treasurer | ||
pursuant to the Revised Uniform Unclaimed Property Act. Nothing | ||
in this subsection (e) is intended to alter the amounts | ||
reportable under the existing provisions of the Revised Uniform | ||
Unclaimed Property Act or to allow the imposition of additional | ||
statutory interest under Article XIV of the Illinois Insurance | ||
Code. | ||
(f) Failure to meet any requirement of this Section with | ||
such frequency as to constitute a general business practice is | ||
a violation of Section 424 of the Illinois Insurance Code. | ||
Nothing in this Section shall be construed to create or imply a | ||
private cause of action for a violation of this Section.
| ||
(Source: P.A. 99-893, eff. 1-1-17; 100-22, eff. 1-1-18; | ||
100-543, eff. 1-1-18; revised 12-8-17.) | ||
(215 ILCS 185/35) | ||
Sec. 35. Application. | ||
(a) Except as provided in subsections (b), (c), and (d), |
the provisions of this Act apply to policies, annuity | ||
contracts, and retained asset accounts in force at any time on | ||
or after January 1, 2012.
| ||
(b) For an insurer that has entered into a written | ||
agreement with the State Treasurer on or before December 31, | ||
2018 to resolve an unclaimed property examination pursuant to | ||
the Uniform Disposition of Unclaimed Property Act or the | ||
Revised Uniform Unclaimed Property Act , the provisions of this | ||
Act apply to policies, annuity contracts, and retained asset | ||
accounts in force on or after January 1, 2017. | ||
(c) Notwithstanding subsection (a), the provisions of this | ||
Act shall apply to policies, annuity contracts, and retained | ||
asset accounts in force at any time on or after January 1, 2000 | ||
to the extent that an insurer has electronic searchable files | ||
concerning such policies, annuity contracts, and retained | ||
asset accounts. | ||
(d) This Act does not apply to a lapsed or terminated | ||
policy with no benefits payable that was compared against the | ||
Death Master File within the 18 months following the date of | ||
the lapse or termination of the applicable policy or that was | ||
searched more than 18 months prior to the most recent | ||
comparison against the Death Master File conducted by the | ||
insurer. | ||
(Source: P.A. 99-893, eff. 1-1-17; 100-543, eff. 1-1-18; | ||
revised 12-14-17.) |
Section 365. The Public Utilities Act is amended by | ||
changing Section 13-703 as follows:
| ||
(220 ILCS 5/13-703) (from Ch. 111 2/3, par. 13-703)
| ||
(Section scheduled to be repealed on December 31, 2020)
| ||
Sec. 13-703.
(a) The Commission shall design and implement | ||
a program
whereby each telecommunications carrier providing | ||
local exchange service
shall provide a telecommunications | ||
device capable of servicing the needs of
those persons with a | ||
hearing or speech disability together with a
single party line, | ||
at no charge additional to the basic exchange rate, to
any | ||
subscriber who is certified as having a hearing or speech | ||
disability by a hearing care professional, as defined in the | ||
Hearing Instrument Consumer Protection Act, a speech-language | ||
pathologist, or a qualified
State agency and to any subscriber | ||
which is an organization serving the needs
of those persons | ||
with a hearing or speech disability as determined and
specified | ||
by the Commission pursuant to subsection (d).
| ||
(b) The Commission shall design and implement a program, | ||
whereby each
telecommunications carrier providing local | ||
exchange service shall provide a
telecommunications relay | ||
system, using third party intervention to connect
those persons | ||
having a hearing or speech disability with persons of normal
| ||
hearing by way of intercommunications devices and the telephone | ||
system, making
available reasonable access to all phases of | ||
public telephone service to
persons who have a hearing or |
speech disability. In order to design a
telecommunications | ||
relay system which will meet the requirements of those
persons | ||
with a hearing or speech disability available at a reasonable | ||
cost, the
Commission shall initiate an investigation and | ||
conduct public hearings to
determine the most cost-effective | ||
method of providing telecommunications relay
service to those | ||
persons who have a hearing or speech disability when using
| ||
telecommunications devices and therein solicit the advice, | ||
counsel, and
physical assistance of Statewide nonprofit | ||
consumer organizations that serve
persons with hearing or | ||
speech disabilities in such hearings and during the
development | ||
and implementation of the system. The Commission shall phase
in | ||
this program, on a geographical basis, as soon as is | ||
practicable, but
no later than June 30, 1990.
| ||
(c) The Commission shall establish a competitively neutral | ||
rate recovery mechanism that establishes charges in an amount | ||
to be determined by the Commission
for each line of a | ||
subscriber to allow telecommunications carriers
providing | ||
local exchange service to recover costs as they are incurred
| ||
under this Section. Beginning no later than April 1, 2016, and | ||
on a yearly basis thereafter, the Commission shall initiate a | ||
proceeding to establish the competitively neutral amount to be | ||
charged or assessed to subscribers of telecommunications | ||
carriers and wireless carriers, Interconnected VoIP service | ||
providers, and consumers of prepaid wireless | ||
telecommunications service in a manner consistent with this |
subsection (c) and subsection (f) of this Section. The | ||
Commission shall issue its order establishing the | ||
competitively neutral amount to be charged or assessed to | ||
subscribers of telecommunications carriers and wireless | ||
carriers, Interconnected VoIP service providers, and | ||
purchasers of prepaid wireless telecommunications service on | ||
or prior to June 1 of each year, and such amount shall take | ||
effect June 1 of each year.
| ||
Telecommunications carriers, wireless carriers, | ||
Interconnected VoIP service providers, and sellers of prepaid | ||
wireless telecommunications service shall have 60 days from the | ||
date the Commission files its order to implement the new rate | ||
established by the order. | ||
(d) The Commission shall determine and specify those | ||
organizations serving
the needs of those persons having a | ||
hearing or speech disability that shall
receive a | ||
telecommunications device and in which offices the equipment | ||
shall be
installed in the case of an organization having more | ||
than one office. For the
purposes of this Section, | ||
"organizations serving the needs of those persons
with hearing | ||
or speech disabilities" means centers for independent living as
| ||
described in Section 12a of the Rehabilitation of Persons with | ||
Disabilities Act and
not-for-profit organizations whose | ||
primary purpose is serving the needs of
those persons with | ||
hearing or speech disabilities. The Commission shall direct
the | ||
telecommunications carriers subject to its jurisdiction and |
this
Section to comply with its determinations and | ||
specifications in this regard.
| ||
(e) As used in this Section: | ||
"Prepaid wireless telecommunications service" has the | ||
meaning given to that term under Section 10 of the Prepaid | ||
Wireless 9-1-1 Surcharge Act. | ||
"Retail transaction" has the meaning given to that term | ||
under Section 10 of the Prepaid Wireless 9-1-1 Surcharge Act. | ||
"Seller" has the meaning given to that term under Section | ||
10 of the Prepaid Wireless 9-1-1 Surcharge Act. | ||
"Telecommunications carrier
providing local exchange | ||
service" includes, without otherwise limiting the
meaning of | ||
the term, telecommunications carriers which are purely mutual
| ||
concerns, having no rates or charges for services, but paying | ||
the operating
expenses by assessment upon the members of such a | ||
company and no other
person.
| ||
"Wireless carrier" has the meaning given to that term under | ||
Section 2 of the Emergency Telephone System Act. | ||
(f) Interconnected VoIP service providers, sellers of | ||
prepaid wireless telecommunications service, and wireless | ||
carriers in Illinois shall collect and remit assessments | ||
determined in accordance with this Section in a competitively | ||
neutral manner in the same manner as a telecommunications | ||
carrier providing local exchange service. However, the | ||
assessment imposed on consumers of prepaid wireless | ||
telecommunications service shall be collected by the seller |
from the consumer and imposed per retail transaction as a | ||
percentage of that retail transaction on all retail | ||
transactions occurring in this State. The assessment on | ||
subscribers of wireless carriers and consumers of prepaid | ||
wireless telecommunications service shall not be imposed or | ||
collected prior to June 1, 2016. | ||
Sellers of prepaid wireless telecommunications service | ||
shall remit the assessments to the Department of Revenue on the | ||
same form and in the same manner which they remit the fee | ||
collected under the Prepaid Wireless 9-1-1 Surcharge Act. For | ||
the purposes of display on the consumers' receipts, the rates | ||
of the fee collected under the Prepaid Wireless 9-1-1 Surcharge | ||
Act and the assessment under this Section may be combined. In | ||
administration and enforcement of this Section, the provisions | ||
of Sections 15 and 20 of the Prepaid Wireless 9-1-1 Surcharge | ||
Act (except subsections (a), (a-5), (b-5), (e), and (e-5) of | ||
Section 15 and subsections (c) and (e) of Section 20 of the | ||
Prepaid Wireless 9-1-1 Surcharge Act and, from June 29, 2015 | ||
(the effective date of Public Act 99-6), the seller shall be | ||
permitted to deduct and retain 3% of the assessments that are | ||
collected by the seller from consumers and that are remitted | ||
and timely filed with the Department) that are not inconsistent | ||
with this Section, shall apply, as far as practicable, to the | ||
subject matter of this Section to the same extent as if those | ||
provisions were included in this Section. Beginning on January | ||
1, 2018, the seller is allowed to deduct and retain 3% of the |
assessments that are collected by the seller from consumers and | ||
that are remitted timely and timely filed with the Department, | ||
but only if the return is filed electronically as provided in | ||
Section 3 of the Retailers' Occupation Tax Act. Sellers who | ||
demonstrate that they do not have access to the Internet or | ||
demonstrate hardship in filing electronically may petition the | ||
Department to waive the electronic filing requirement. The | ||
Department shall deposit all assessments and penalties | ||
collected under this Section into the Illinois | ||
Telecommunications Access Corporation Fund, a special fund | ||
created in the State treasury. On or before the 25th day of | ||
each calendar month, the Department shall prepare and certify | ||
to the Comptroller the amount available to the Commission for | ||
distribution out of the Illinois Telecommunications Access | ||
Corporation Fund. The amount certified shall be the amount (not | ||
including credit memoranda) collected during the second | ||
preceding calendar month by the Department, plus an amount the | ||
Department determines is necessary to offset any amounts which | ||
were erroneously paid to a different taxing body or fund. The | ||
amount paid to the Illinois Telecommunications Access | ||
Corporation Fund shall not include any amount equal to the | ||
amount of refunds made during the second preceding calendar | ||
month by the Department to retailers under this Section or any | ||
amount that the Department determines is necessary to offset | ||
any amounts which were payable to a different taxing body or | ||
fund but were erroneously paid to the Illinois |
Telecommunications Access Corporation Fund. The Commission | ||
shall distribute all the funds to the Illinois | ||
Telecommunications Access Corporation and the funds may only be | ||
used in accordance with the provisions of this Section. The | ||
Department shall deduct 2% of all amounts deposited in the | ||
Illinois Telecommunications Access Corporation Fund during | ||
every year of remitted assessments. Of the 2% deducted by the | ||
Department, one-half shall be transferred into the Tax | ||
Compliance and Administration Fund to reimburse the Department | ||
for its direct costs of administering the collection and | ||
remittance of the assessment. The remaining one-half shall be | ||
transferred into the Public Utility Fund to reimburse the | ||
Commission for its costs of distributing to the Illinois | ||
Telecommunications Access Corporation the amount certified by | ||
the Department for distribution. The amount to be charged or | ||
assessed under subsections (c) and (f) is not imposed on a | ||
provider or the consumer for wireless Lifeline service where | ||
the consumer does not pay the provider for the service. Where | ||
the consumer purchases from the provider optional minutes, | ||
texts, or other services in addition to the federally funded | ||
Lifeline benefit, a consumer must pay the charge or assessment, | ||
and it must be collected by the seller according to this | ||
subsection (f). | ||
Interconnected VoIP services shall not be considered an | ||
intrastate telecommunications service for the purposes of this | ||
Section in a manner inconsistent with federal law or Federal |
Communications Commission regulation. | ||
(g) The provisions of this Section are severable under | ||
Section 1.31 of the Statute on Statutes. | ||
(h) The Commission may adopt rules necessary to implement | ||
this Section. | ||
(Source: P.A. 99-6, eff. 6-29-15; 99-143, eff. 7-27-15; 99-642, | ||
eff. 7-28-16; 99-847, eff. 8-19-16; 99-933, eff. 1-27-17; | ||
100-20, eff. 7-1-17; 100-201, eff. 8-18-17; 100-303, eff. | ||
8-24-17; revised 10-2-17.)
| ||
Section 370. The Gas Transmission Facilities Act is amended | ||
by changing Section 1.03 as follows:
| ||
(220 ILCS 25/1.03) (from Ch. 111 2/3, par. 571.03)
| ||
Sec. 1.03.
"Private energy entity" includes every person,
| ||
corporation, political subdivision , and public agency of the | ||
State who
generates or produces natural gas for energy for his | ||
or its own
consumption or the consumption of his or its tenants | ||
or for
direct sale to others, excluding sales for resale, and | ||
every
person, corporation, political subdivision , and public | ||
agency of the State
who buys natural gas at the wellhead for | ||
his or its own consumption or the
consumption of his or its | ||
tenants and not for sale to others. A private
energy entity | ||
shall not be found to be a public utility as defined by the
| ||
" Public Utilities Act ", approved June 29, 1921, as amended, | ||
merely because
of its activities in transmitting natural gas.
|
(Source: P.A. 83-1290; revised 9-27-17.)
| ||
Section 375. The Illinois Underground Utility Facilities | ||
Damage Prevention Act is amended by changing Section 2.2 as | ||
follows:
| ||
(220 ILCS 50/2.2) (from Ch. 111 2/3, par. 1602.2)
| ||
Sec. 2.2. Underground utility facilities. (a) "Underground | ||
utility facilities" or "facilities" means and includes wires, | ||
ducts, fiber optic cable, conduits, pipes, sewers, and cables | ||
and their connected appurtenances installed beneath the | ||
surface of the ground by: | ||
(1) a public utility as defined in the Public Utilities | ||
Act; | ||
(2) a municipally owned or mutually owned utility | ||
providing a similar utility service; | ||
(3) a pipeline entity transporting gases, crude oil, | ||
petroleum products, or other hydrocarbon materials within | ||
the State; | ||
(4) a telecommunications carrier as defined in the | ||
Universal Telephone Service Protection Law of 1985, or by a | ||
company described in Section 1 of the Telephone Company | ||
Act; | ||
(5) a community antenna television system, as defined | ||
in the Illinois Municipal Code or the Counties Code; | ||
(6) a holder, as that term is defined in the Cable and |
Video Competition Law of 2007; | ||
(7) any other entity owning or operating underground | ||
facilities that transport generated electrical power to | ||
other utility owners or operators or transport generated | ||
electrical power within the internal electric grid of a | ||
wind turbine generation farm; and | ||
(8) an electric cooperative as defined in the Public | ||
Utilities Act.
| ||
(Source: P.A. 96-714, eff. 1-1-10; revised 11-8-17.)
| ||
Section 380. The Illinois Dental Practice Act is amended by | ||
changing Section 4 as follows:
| ||
(225 ILCS 25/4)
(from Ch. 111, par. 2304)
| ||
(Section scheduled to be repealed on January 1, 2026)
| ||
Sec. 4. Definitions. As used in this Act:
| ||
"Address of record" means the designated address recorded | ||
by the Department in the applicant's or licensee's application | ||
file or license file as maintained by the Department's | ||
licensure maintenance unit. It is the duty of the applicant or | ||
licensee to inform the Department of any change of address and | ||
those changes must be made either through the Department's | ||
website or by contacting the Department. | ||
"Department" means the Department of Financial and | ||
Professional Regulation.
| ||
"Secretary" means the Secretary of Financial and |
Professional Regulation.
| ||
"Board" means the Board of Dentistry.
| ||
"Dentist" means a person who has received a general license | ||
pursuant
to paragraph (a) of Section 11 of this Act and who may | ||
perform any intraoral
and extraoral procedure required in the | ||
practice of dentistry and to whom is
reserved the | ||
responsibilities specified in Section 17.
| ||
"Dental hygienist" means a person who holds a license under | ||
this Act to
perform dental services as authorized by Section | ||
18.
| ||
"Dental assistant" means an appropriately trained person
| ||
who, under the supervision of a dentist, provides dental | ||
services
as authorized by Section 17.
| ||
"Expanded function dental assistant" means a dental | ||
assistant who has completed the training required by Section | ||
17.1 of this Act. | ||
"Dental laboratory" means a person, firm or corporation | ||
which:
| ||
(i) engages in making, providing, repairing or | ||
altering dental
prosthetic appliances and other artificial | ||
materials and devices which are
returned to a dentist for | ||
insertion into the human oral cavity or which
come in | ||
contact with its adjacent structures and tissues; and
| ||
(ii) utilizes or employs a dental technician to provide | ||
such services; and
| ||
(iii) performs such functions only for a dentist or |
dentists.
| ||
"Supervision" means supervision of a dental hygienist or a | ||
dental
assistant requiring that a dentist authorize the | ||
procedure, remain in the
dental facility while the procedure is | ||
performed, and approve the work
performed by the dental | ||
hygienist or dental assistant before dismissal of
the patient, | ||
but does not mean that the dentist must be present at all
times | ||
in the treatment room.
| ||
"General supervision" means supervision of a dental | ||
hygienist
requiring that the patient be a patient of record,
| ||
that the dentist
examine the patient in accordance with Section | ||
18 prior to treatment by the
dental hygienist, and that the
| ||
dentist authorize the procedures which
are being carried
out by | ||
a notation in the patient's record, but not requiring that a | ||
dentist
be present when the authorized
procedures are being | ||
performed. The
issuance of a prescription to a dental | ||
laboratory by a
dentist does not constitute general | ||
supervision.
| ||
"Public member" means a person who is not a health | ||
professional.
For purposes of board membership, any person with | ||
a significant financial
interest in a health service or | ||
profession is not a public member.
| ||
"Dentistry" means the healing art which is concerned with | ||
the
examination, diagnosis, treatment planning and care of | ||
conditions within
the human oral cavity and its adjacent | ||
tissues and structures, as further
specified in Section 17.
|
"Branches of dentistry" means the various specialties of | ||
dentistry
which, for purposes of this Act, shall be limited to | ||
the following:
endodontics, oral and maxillofacial surgery, | ||
orthodontics and dentofacial
orthopedics, pediatric dentistry,
| ||
periodontics, prosthodontics, and oral and maxillofacial
| ||
radiology.
| ||
"Specialist" means a dentist who has received a specialty | ||
license
pursuant to Section 11(b).
| ||
"Dental technician" means a person who owns, operates or is
| ||
employed by a dental laboratory and engages in making, | ||
providing, repairing
or altering dental prosthetic appliances | ||
and other artificial materials and
devices which are returned | ||
to a dentist for insertion into the human oral
cavity or which | ||
come in contact with its adjacent structures and tissues.
| ||
"Impaired dentist" or "impaired dental hygienist" means a | ||
dentist
or dental hygienist who is unable to practice with
| ||
reasonable skill and safety because of a physical or mental | ||
disability as
evidenced by a written determination or written | ||
consent based on clinical
evidence, including deterioration | ||
through the aging process, loss of motor
skills, abuse of drugs | ||
or alcohol, or a psychiatric disorder, of sufficient
degree to | ||
diminish the person's ability to deliver competent patient | ||
care.
| ||
"Nurse" means a registered professional nurse, a certified | ||
registered
nurse anesthetist licensed as an advanced practice
| ||
registered nurse, or a licensed practical nurse licensed under |
the Nurse Practice Act.
| ||
"Patient of record" means a patient for whom the patient's | ||
most recent
dentist has obtained
a
relevant medical and dental | ||
history and on whom the dentist has performed an
examination | ||
and evaluated the condition to be treated.
| ||
"Dental responder" means a dentist or dental hygienist who | ||
is appropriately certified in disaster preparedness, | ||
immunizations, and dental humanitarian medical response | ||
consistent with the Society of Disaster Medicine and Public | ||
Health and training certified by the National Incident | ||
Management System or the National Disaster Life Support | ||
Foundation.
| ||
"Mobile dental van or portable dental unit" means any | ||
self-contained or portable dental unit in which dentistry is | ||
practiced that can be moved, towed, or transported from one | ||
location to another in order to establish a location where | ||
dental services can be provided. | ||
"Public health dental hygienist" means a hygienist who | ||
holds a valid license to practice in the State, has 2 years of | ||
full-time clinical experience or an equivalent of 4,000 hours | ||
of clinical experience and has completed at least 42 clock | ||
hours of additional structured courses in dental education | ||
approved by rule by the Department in advanced areas specific | ||
to public health dentistry, including, but not limited to, | ||
emergency procedures for medically compromised patients, | ||
pharmacology, medical recordkeeping procedures, geriatric |
dentistry, pediatric dentistry, pathology, and other areas of | ||
study as determined by the Department, and works in a public | ||
health setting pursuant to a written public health supervision | ||
agreement as defined by rule by the Department with a dentist | ||
working in or contracted with a local or State government | ||
agency or institution or who is providing services as part of a | ||
certified school-based program or school-based oral health | ||
program. | ||
"Public health setting" means a federally qualified health | ||
center; a federal, State, or local public health facility; Head | ||
Start; a special supplemental nutrition program for Women, | ||
Infants, and Children (WIC) facility; or a certified | ||
school-based health center or school-based oral health | ||
program. | ||
"Public health supervision" means the supervision of a | ||
public health dental hygienist by a licensed dentist who has a | ||
written public health supervision agreement with that public | ||
health dental hygienist while working in an approved facility | ||
or program that allows the public health dental hygienist to | ||
treat patients, without a dentist first examining the patient | ||
and being present in the facility during treatment, (1) who are | ||
eligible for Medicaid or (2) who are uninsured and whose | ||
household income is not greater than 200% of the federal | ||
poverty level. | ||
(Source: P.A. 99-25, eff. 1-1-16; 99-492, eff. 12-31-15; | ||
99-680, eff. 1-1-17; 100-215, eff. 1-1-18; 100-513, eff. |
1-1-18; revised 9-29-17.)
| ||
Section 385. The Medical Practice Act of 1987 is amended by | ||
changing Sections 22 and 54.5 as follows:
| ||
(225 ILCS 60/22) (from Ch. 111, par. 4400-22)
| ||
(Section scheduled to be repealed on December 31, 2019)
| ||
Sec. 22. Disciplinary action.
| ||
(A) The Department may revoke, suspend, place on probation, | ||
reprimand, refuse to issue or renew, or take any other | ||
disciplinary or non-disciplinary action as the Department may | ||
deem proper
with regard to the license or permit of any person | ||
issued
under this Act, including imposing fines not to exceed | ||
$10,000 for each violation, upon any of the following grounds:
| ||
(1) Performance of an elective abortion in any place, | ||
locale,
facility, or
institution other than:
| ||
(a) a facility licensed pursuant to the Ambulatory | ||
Surgical Treatment
Center Act;
| ||
(b) an institution licensed under the Hospital | ||
Licensing Act;
| ||
(c) an ambulatory surgical treatment center or | ||
hospitalization or care
facility maintained by the | ||
State or any agency thereof, where such department
or | ||
agency has authority under law to establish and enforce | ||
standards for the
ambulatory surgical treatment | ||
centers, hospitalization, or care facilities
under its |
management and control;
| ||
(d) ambulatory surgical treatment centers, | ||
hospitalization or care
facilities maintained by the | ||
Federal Government; or
| ||
(e) ambulatory surgical treatment centers, | ||
hospitalization or care
facilities maintained by any | ||
university or college established under the laws
of | ||
this State and supported principally by public funds | ||
raised by
taxation.
| ||
(2) Performance of an abortion procedure in a willful | ||
and wanton
manner on a
woman who was not pregnant at the | ||
time the abortion procedure was
performed.
| ||
(3) A plea of guilty or nolo contendere, finding of | ||
guilt, jury verdict, or entry of judgment or sentencing, | ||
including, but not limited to, convictions, preceding | ||
sentences of supervision, conditional discharge, or first | ||
offender probation, under the laws of any jurisdiction of | ||
the United States of any crime that is a felony.
| ||
(4) Gross negligence in practice under this Act.
| ||
(5) Engaging in dishonorable, unethical or | ||
unprofessional
conduct of a
character likely to deceive, | ||
defraud or harm the public.
| ||
(6) Obtaining any fee by fraud, deceit, or
| ||
misrepresentation.
| ||
(7) Habitual or excessive use or abuse of drugs defined | ||
in law
as
controlled substances, of alcohol, or of any |
other substances which results in
the inability to practice | ||
with reasonable judgment, skill or safety.
| ||
(8) Practicing under a false or, except as provided by | ||
law, an
assumed
name.
| ||
(9) Fraud or misrepresentation in applying for, or | ||
procuring, a
license
under this Act or in connection with | ||
applying for renewal of a license under
this Act.
| ||
(10) Making a false or misleading statement regarding | ||
their
skill or the
efficacy or value of the medicine, | ||
treatment, or remedy prescribed by them at
their direction | ||
in the treatment of any disease or other condition of the | ||
body
or mind.
| ||
(11) Allowing another person or organization to use | ||
their
license, procured
under this Act, to practice.
| ||
(12) Adverse action taken by another state or | ||
jurisdiction
against a license
or other authorization to | ||
practice as a medical doctor, doctor of osteopathy,
doctor | ||
of osteopathic medicine or
doctor of chiropractic, a | ||
certified copy of the record of the action taken by
the | ||
other state or jurisdiction being prima facie evidence | ||
thereof. This includes any adverse action taken by a State | ||
or federal agency that prohibits a medical doctor, doctor | ||
of osteopathy, doctor of osteopathic medicine, or doctor of | ||
chiropractic from providing services to the agency's | ||
participants.
| ||
(13) Violation of any provision of this Act or of the |
Medical
Practice Act
prior to the repeal of that Act, or | ||
violation of the rules, or a final
administrative action of | ||
the Secretary, after consideration of the
recommendation | ||
of the Disciplinary Board.
| ||
(14) Violation of the prohibition against fee | ||
splitting in Section 22.2 of this Act.
| ||
(15) A finding by the Disciplinary Board that the
| ||
registrant after
having his or her license placed on | ||
probationary status or subjected to
conditions or | ||
restrictions violated the terms of the probation or failed | ||
to
comply with such terms or conditions.
| ||
(16) Abandonment of a patient.
| ||
(17) Prescribing, selling, administering, | ||
distributing, giving
or
self-administering any drug | ||
classified as a controlled substance (designated
product) | ||
or narcotic for other than medically accepted therapeutic
| ||
purposes.
| ||
(18) Promotion of the sale of drugs, devices, | ||
appliances or
goods provided
for a patient in such manner | ||
as to exploit the patient for financial gain of
the | ||
physician.
| ||
(19) Offering, undertaking or agreeing to cure or treat
| ||
disease by a secret
method, procedure, treatment or | ||
medicine, or the treating, operating or
prescribing for any | ||
human condition by a method, means or procedure which the
| ||
licensee refuses to divulge upon demand of the Department.
|
(20) Immoral conduct in the commission of any act | ||
including,
but not limited to, commission of an act of | ||
sexual misconduct related to the
licensee's
practice.
| ||
(21) Willfully making or filing false records or | ||
reports in his
or her
practice as a physician, including, | ||
but not limited to, false records to
support claims against | ||
the medical assistance program of the Department of | ||
Healthcare and Family Services (formerly Department of
| ||
Public Aid)
under the Illinois Public Aid Code.
| ||
(22) Willful omission to file or record, or willfully | ||
impeding
the filing or
recording, or inducing another | ||
person to omit to file or record, medical
reports as | ||
required by law, or willfully failing to report an instance | ||
of
suspected abuse or neglect as required by law.
| ||
(23) Being named as a perpetrator in an indicated | ||
report by
the Department
of Children and Family Services | ||
under the Abused and Neglected Child Reporting
Act, and | ||
upon proof by clear and convincing evidence that the | ||
licensee has
caused a child to be an abused child or | ||
neglected child as defined in the
Abused and Neglected | ||
Child Reporting Act.
| ||
(24) Solicitation of professional patronage by any
| ||
corporation, agents or
persons, or profiting from those | ||
representing themselves to be agents of the
licensee.
| ||
(25) Gross and willful and continued overcharging for
| ||
professional services,
including filing false statements |
for collection of fees for which services are
not rendered, | ||
including, but not limited to, filing such false statements | ||
for
collection of monies for services not rendered from the | ||
medical assistance
program of the Department of Healthcare | ||
and Family Services (formerly Department of Public Aid)
| ||
under the Illinois Public Aid
Code.
| ||
(26) A pattern of practice or other behavior which
| ||
demonstrates
incapacity
or incompetence to practice under | ||
this Act.
| ||
(27) Mental illness or disability which results in the
| ||
inability to
practice under this Act with reasonable | ||
judgment, skill or safety.
| ||
(28) Physical illness, including, but not limited to,
| ||
deterioration through
the aging process, or loss of motor | ||
skill which results in a physician's
inability to practice | ||
under this Act with reasonable judgment, skill or
safety.
| ||
(29) Cheating on or attempt to subvert the licensing
| ||
examinations
administered under this Act.
| ||
(30) Willfully or negligently violating the | ||
confidentiality
between
physician and patient except as | ||
required by law.
| ||
(31) The use of any false, fraudulent, or deceptive | ||
statement
in any
document connected with practice under | ||
this Act.
| ||
(32) Aiding and abetting an individual not licensed | ||
under this
Act in the
practice of a profession licensed |
under this Act.
| ||
(33) Violating state or federal laws or regulations | ||
relating
to controlled
substances, legend
drugs, or | ||
ephedra as defined in the Ephedra Prohibition Act.
| ||
(34) Failure to report to the Department any adverse | ||
final
action taken
against them by another licensing | ||
jurisdiction (any other state or any
territory of the | ||
United States or any foreign state or country), by any peer
| ||
review body, by any health care institution, by any | ||
professional society or
association related to practice | ||
under this Act, by any governmental agency, by
any law | ||
enforcement agency, or by any court for acts or conduct | ||
similar to acts
or conduct which would constitute grounds | ||
for action as defined in this
Section.
| ||
(35) Failure to report to the Department surrender of a
| ||
license or
authorization to practice as a medical doctor, a | ||
doctor of osteopathy, a
doctor of osteopathic medicine, or | ||
doctor
of chiropractic in another state or jurisdiction, or | ||
surrender of membership on
any medical staff or in any | ||
medical or professional association or society,
while | ||
under disciplinary investigation by any of those | ||
authorities or bodies,
for acts or conduct similar to acts | ||
or conduct which would constitute grounds
for action as | ||
defined in this Section.
| ||
(36) Failure to report to the Department any adverse | ||
judgment,
settlement,
or award arising from a liability |
claim related to acts or conduct similar to
acts or conduct | ||
which would constitute grounds for action as defined in | ||
this
Section.
| ||
(37) Failure to provide copies of medical records as | ||
required
by law.
| ||
(38) Failure to furnish the Department, its | ||
investigators or
representatives, relevant information, | ||
legally requested by the Department
after consultation | ||
with the Chief Medical Coordinator or the Deputy Medical
| ||
Coordinator.
| ||
(39) Violating the Health Care Worker Self-Referral
| ||
Act.
| ||
(40) Willful failure to provide notice when notice is | ||
required
under the
Parental Notice of Abortion Act of 1995.
| ||
(41) Failure to establish and maintain records of | ||
patient care and
treatment as required by this law.
| ||
(42) Entering into an excessive number of written | ||
collaborative
agreements with licensed advanced practice | ||
registered nurses resulting in an inability to
adequately | ||
collaborate.
| ||
(43) Repeated failure to adequately collaborate with a | ||
licensed advanced practice registered nurse. | ||
(44) Violating the Compassionate Use of Medical | ||
Cannabis Pilot Program Act.
| ||
(45) Entering into an excessive number of written | ||
collaborative agreements with licensed prescribing |
psychologists resulting in an inability to adequately | ||
collaborate. | ||
(46) Repeated failure to adequately collaborate with a | ||
licensed prescribing psychologist. | ||
(47) Willfully failing to report an instance of | ||
suspected abuse, neglect, financial exploitation, or | ||
self-neglect of an eligible adult as defined in and | ||
required by the Adult Protective Services Act. | ||
(48) Being named as an abuser in a verified report by | ||
the Department on Aging under the Adult Protective Services | ||
Act, and upon proof by clear and convincing evidence that | ||
the licensee abused, neglected, or financially exploited | ||
an eligible adult as defined in the Adult Protective | ||
Services Act. | ||
Except
for actions involving the ground numbered (26), all | ||
proceedings to suspend,
revoke, place on probationary status, | ||
or take any
other disciplinary action as the Department may | ||
deem proper, with regard to a
license on any of the foregoing | ||
grounds, must be commenced within 5 years next
after receipt by | ||
the Department of a complaint alleging the commission of or
| ||
notice of the conviction order for any of the acts described | ||
herein. Except
for the grounds numbered (8), (9), (26), and | ||
(29), no action shall be commenced more
than 10 years after the | ||
date of the incident or act alleged to have violated
this | ||
Section. For actions involving the ground numbered (26), a | ||
pattern of practice or other behavior includes all incidents |
alleged to be part of the pattern of practice or other behavior | ||
that occurred, or a report pursuant to Section 23 of this Act | ||
received, within the 10-year period preceding the filing of the | ||
complaint. In the event of the settlement of any claim or cause | ||
of action
in favor of the claimant or the reduction to final | ||
judgment of any civil action
in favor of the plaintiff, such | ||
claim, cause of action or civil action being
grounded on the | ||
allegation that a person licensed under this Act was negligent
| ||
in providing care, the Department shall have an additional | ||
period of 2 years
from the date of notification to the | ||
Department under Section 23 of this Act
of such settlement or | ||
final judgment in which to investigate and
commence formal | ||
disciplinary proceedings under Section 36 of this Act, except
| ||
as otherwise provided by law. The time during which the holder | ||
of the license
was outside the State of Illinois shall not be | ||
included within any period of
time limiting the commencement of | ||
disciplinary action by the Department.
| ||
The entry of an order or judgment by any circuit court | ||
establishing that any
person holding a license under this Act | ||
is a person in need of mental treatment
operates as a | ||
suspension of that license. That person may resume their
| ||
practice only upon the entry of a Departmental order based upon | ||
a finding by
the Disciplinary Board that they have been | ||
determined to be recovered
from mental illness by the court and | ||
upon the Disciplinary Board's
recommendation that they be | ||
permitted to resume their practice.
|
The Department may refuse to issue or take disciplinary | ||
action concerning the license of any person
who fails to file a | ||
return, or to pay the tax, penalty or interest shown in a
filed | ||
return, or to pay any final assessment of tax, penalty or | ||
interest, as
required by any tax Act administered by the | ||
Illinois Department of Revenue,
until such time as the | ||
requirements of any such tax Act are satisfied as
determined by | ||
the Illinois Department of Revenue.
| ||
The Department, upon the recommendation of the | ||
Disciplinary Board, shall
adopt rules which set forth standards | ||
to be used in determining:
| ||
(a) when a person will be deemed sufficiently | ||
rehabilitated to warrant the
public trust;
| ||
(b) what constitutes dishonorable, unethical or | ||
unprofessional conduct of
a character likely to deceive, | ||
defraud, or harm the public;
| ||
(c) what constitutes immoral conduct in the commission | ||
of any act,
including, but not limited to, commission of an | ||
act of sexual misconduct
related
to the licensee's | ||
practice; and
| ||
(d) what constitutes gross negligence in the practice | ||
of medicine.
| ||
However, no such rule shall be admissible into evidence in | ||
any civil action
except for review of a licensing or other | ||
disciplinary action under this Act.
| ||
In enforcing this Section, the Disciplinary Board or the |
Licensing Board,
upon a showing of a possible violation, may | ||
compel, in the case of the Disciplinary Board, any individual | ||
who is licensed to
practice under this Act or holds a permit to | ||
practice under this Act, or, in the case of the Licensing | ||
Board, any individual who has applied for licensure or a permit
| ||
pursuant to this Act, to submit to a mental or physical | ||
examination and evaluation, or both,
which may include a | ||
substance abuse or sexual offender evaluation, as required by | ||
the Licensing Board or Disciplinary Board and at the expense of | ||
the Department. The Disciplinary Board or Licensing Board shall | ||
specifically designate the examining physician licensed to | ||
practice medicine in all of its branches or, if applicable, the | ||
multidisciplinary team involved in providing the mental or | ||
physical examination and evaluation, or both. The | ||
multidisciplinary team shall be led by a physician licensed to | ||
practice medicine in all of its branches and may consist of one | ||
or more or a combination of physicians licensed to practice | ||
medicine in all of its branches, licensed chiropractic | ||
physicians, licensed clinical psychologists, licensed clinical | ||
social workers, licensed clinical professional counselors, and | ||
other professional and administrative staff. Any examining | ||
physician or member of the multidisciplinary team may require | ||
any person ordered to submit to an examination and evaluation | ||
pursuant to this Section to submit to any additional | ||
supplemental testing deemed necessary to complete any | ||
examination or evaluation process, including, but not limited |
to, blood testing, urinalysis, psychological testing, or | ||
neuropsychological testing.
The Disciplinary Board, the | ||
Licensing Board, or the Department may order the examining
| ||
physician or any member of the multidisciplinary team to | ||
provide to the Department, the Disciplinary Board, or the | ||
Licensing Board any and all records, including business | ||
records, that relate to the examination and evaluation, | ||
including any supplemental testing performed. The Disciplinary | ||
Board, the Licensing Board, or the Department may order the | ||
examining physician or any member of the multidisciplinary team | ||
to present testimony concerning this examination
and | ||
evaluation of the licensee, permit holder, or applicant, | ||
including testimony concerning any supplemental testing or | ||
documents relating to the examination and evaluation. No | ||
information, report, record, or other documents in any way | ||
related to the examination and evaluation shall be excluded by | ||
reason of
any common
law or statutory privilege relating to | ||
communication between the licensee, permit holder, or
| ||
applicant and
the examining physician or any member of the | ||
multidisciplinary team.
No authorization is necessary from the | ||
licensee, permit holder, or applicant ordered to undergo an | ||
evaluation and examination for the examining physician or any | ||
member of the multidisciplinary team to provide information, | ||
reports, records, or other documents or to provide any | ||
testimony regarding the examination and evaluation. The | ||
individual to be examined may have, at his or her own expense, |
another
physician of his or her choice present during all | ||
aspects of the examination.
Failure of any individual to submit | ||
to mental or physical examination and evaluation, or both, when
| ||
directed, shall result in an automatic suspension, without | ||
hearing, until such time
as the individual submits to the | ||
examination. If the Disciplinary Board or Licensing Board finds | ||
a physician unable
to practice following an examination and | ||
evaluation because of the reasons set forth in this Section, | ||
the Disciplinary
Board or Licensing Board shall require such | ||
physician to submit to care, counseling, or treatment
by | ||
physicians, or other health care professionals, approved or | ||
designated by the Disciplinary Board, as a condition
for | ||
issued, continued, reinstated, or renewed licensure to | ||
practice. Any physician,
whose license was granted pursuant to | ||
Sections 9, 17, or 19 of this Act, or,
continued, reinstated, | ||
renewed, disciplined or supervised, subject to such
terms, | ||
conditions or restrictions who shall fail to comply with such | ||
terms,
conditions or restrictions, or to complete a required | ||
program of care,
counseling, or treatment, as determined by the | ||
Chief Medical Coordinator or
Deputy Medical Coordinators, | ||
shall be referred to the Secretary for a
determination as to | ||
whether the licensee shall have their license suspended
| ||
immediately, pending a hearing by the Disciplinary Board. In | ||
instances in
which the Secretary immediately suspends a license | ||
under this Section, a hearing
upon such person's license must | ||
be convened by the Disciplinary Board within 15
days after such |
suspension and completed without appreciable delay. The
| ||
Disciplinary Board shall have the authority to review the | ||
subject physician's
record of treatment and counseling | ||
regarding the impairment, to the extent
permitted by applicable | ||
federal statutes and regulations safeguarding the
| ||
confidentiality of medical records.
| ||
An individual licensed under this Act, affected under this | ||
Section, shall be
afforded an opportunity to demonstrate to the | ||
Disciplinary Board that they can
resume practice in compliance | ||
with acceptable and prevailing standards under
the provisions | ||
of their license.
| ||
The Department may promulgate rules for the imposition of | ||
fines in
disciplinary cases, not to exceed
$10,000 for each | ||
violation of this Act. Fines
may be imposed in conjunction with | ||
other forms of disciplinary action, but
shall not be the | ||
exclusive disposition of any disciplinary action arising out
of | ||
conduct resulting in death or injury to a patient. Any funds | ||
collected from
such fines shall be deposited in the Illinois | ||
State Medical Disciplinary Fund.
| ||
All fines imposed under this Section shall be paid within | ||
60 days after the effective date of the order imposing the fine | ||
or in accordance with the terms set forth in the order imposing | ||
the fine. | ||
(B) The Department shall revoke the license or
permit | ||
issued under this Act to practice medicine or a chiropractic | ||
physician who
has been convicted a second time of committing |
any felony under the
Illinois Controlled Substances Act or the | ||
Methamphetamine Control and Community Protection Act, or who | ||
has been convicted a second time of
committing a Class 1 felony | ||
under Sections 8A-3 and 8A-6 of the Illinois Public
Aid Code. A | ||
person whose license or permit is revoked
under
this subsection | ||
B shall be prohibited from practicing
medicine or treating | ||
human ailments without the use of drugs and without
operative | ||
surgery.
| ||
(C) The Department shall not revoke, suspend, place on | ||
probation, reprimand, refuse to issue or renew, or take any | ||
other disciplinary or non-disciplinary action against the | ||
license or permit issued under this Act to practice medicine to | ||
a physician based solely upon the recommendation of the | ||
physician to an eligible patient regarding, or prescription | ||
for, or treatment with, an investigational drug, biological | ||
product, or device. | ||
(D) The Disciplinary Board shall recommend to the
| ||
Department civil
penalties and any other appropriate | ||
discipline in disciplinary cases when the
Board finds that a | ||
physician willfully performed an abortion with actual
| ||
knowledge that the person upon whom the abortion has been | ||
performed is a minor
or an incompetent person without notice as | ||
required under the Parental Notice
of Abortion Act of 1995. | ||
Upon the Board's recommendation, the Department shall
impose, | ||
for the first violation, a civil penalty of $1,000 and for a | ||
second or
subsequent violation, a civil penalty of $5,000.
|
(Source: P.A. 99-270, eff. 1-1-16; 99-933, eff. 1-27-17; | ||
100-429, eff. 8-25-17; 100-513, eff. 1-1-18; revised 9-29-17.)
| ||
(225 ILCS 60/54.5)
| ||
(Section scheduled to be repealed on December 31, 2019)
| ||
Sec. 54.5. Physician delegation of authority to physician | ||
assistants, advanced practice registered nurses without full | ||
practice authority, and prescribing psychologists.
| ||
(a) Physicians licensed to practice medicine in all its
| ||
branches may delegate care and treatment responsibilities to a
| ||
physician assistant under guidelines in accordance with the
| ||
requirements of the Physician Assistant Practice Act of
1987. A | ||
physician licensed to practice medicine in all its
branches may | ||
enter into collaborative agreements with
no more than 5 | ||
full-time equivalent physician assistants, except in a | ||
hospital, hospital affiliate, or ambulatory surgical treatment | ||
center as set forth by Section 7.7 of the Physician Assistant | ||
Practice Act of 1987.
| ||
(b) A physician licensed to practice medicine in all its
| ||
branches in active clinical practice may collaborate with an | ||
advanced practice
registered nurse in accordance with the | ||
requirements of the Nurse Practice Act. Collaboration
is for | ||
the purpose of providing medical consultation,
and no | ||
employment relationship is required. A
written collaborative | ||
agreement shall
conform to the requirements of Section 65-35 of | ||
the Nurse Practice Act. The written collaborative agreement |
shall
be for
services in the same area of practice or specialty | ||
as the collaborating physician in
his or her clinical medical | ||
practice.
A written collaborative agreement shall be adequate | ||
with respect to collaboration
with advanced practice | ||
registered nurses if all of the following apply:
| ||
(1) The agreement is written to promote the exercise of | ||
professional judgment by the advanced practice registered | ||
nurse commensurate with his or her education and | ||
experience.
| ||
(2) The advanced practice registered nurse provides | ||
services based upon a written collaborative agreement with | ||
the collaborating physician, except as set forth in | ||
subsection (b-5) of this Section. With respect to labor and | ||
delivery, the collaborating physician must provide | ||
delivery services in order to participate with a certified | ||
nurse midwife. | ||
(3) Methods of communication are available with the | ||
collaborating physician in person or through | ||
telecommunications for consultation, collaboration, and | ||
referral as needed to address patient care needs.
| ||
(b-5) An anesthesiologist or physician licensed to | ||
practice medicine in
all its branches may collaborate with a | ||
certified registered nurse anesthetist
in accordance with | ||
Section 65-35 of the Nurse Practice Act for the provision of | ||
anesthesia services. With respect to the provision of | ||
anesthesia services, the collaborating anesthesiologist or |
physician shall have training and experience in the delivery of | ||
anesthesia services consistent with Department rules. | ||
Collaboration shall be
adequate if:
| ||
(1) an anesthesiologist or a physician
participates in | ||
the joint formulation and joint approval of orders or
| ||
guidelines and periodically reviews such orders and the | ||
services provided
patients under such orders; and
| ||
(2) for anesthesia services, the anesthesiologist
or | ||
physician participates through discussion of and agreement | ||
with the
anesthesia plan and is physically present and | ||
available on the premises during
the delivery of anesthesia | ||
services for
diagnosis, consultation, and treatment of | ||
emergency medical conditions.
Anesthesia services in a | ||
hospital shall be conducted in accordance with
Section 10.7 | ||
of the Hospital Licensing Act and in an ambulatory surgical
| ||
treatment center in accordance with Section 6.5 of the | ||
Ambulatory Surgical
Treatment Center Act.
| ||
(b-10) The anesthesiologist or operating physician must | ||
agree with the
anesthesia plan prior to the delivery of | ||
services.
| ||
(c) The collaborating physician shall have access to the
| ||
medical records of all patients attended by a physician
| ||
assistant. The collaborating physician shall have access to
the | ||
medical records of all patients attended to by an
advanced | ||
practice registered nurse.
| ||
(d) (Blank).
|
(e) A physician shall not be liable for the acts or
| ||
omissions of a prescribing psychologist, physician assistant, | ||
or advanced practice
registered nurse solely on the basis of | ||
having signed a
supervision agreement or guidelines or a | ||
collaborative
agreement, an order, a standing medical order, a
| ||
standing delegation order, or other order or guideline
| ||
authorizing a prescribing psychologist, physician assistant, | ||
or advanced practice
registered nurse to perform acts, unless | ||
the physician has
reason to believe the prescribing | ||
psychologist, physician assistant, or advanced
practice | ||
registered nurse lacked the competency to perform
the act or | ||
acts or commits willful and wanton misconduct.
| ||
(f) A collaborating physician may, but is not required to, | ||
delegate prescriptive authority to an advanced practice | ||
registered nurse as part of a written collaborative agreement, | ||
and the delegation of prescriptive authority shall conform to | ||
the requirements of Section 65-40 of the Nurse Practice Act. | ||
(g) A collaborating physician may, but is not required to, | ||
delegate prescriptive authority to a physician assistant as | ||
part of a written collaborative agreement, and the delegation | ||
of prescriptive authority shall conform to the requirements of | ||
Section 7.5 of the Physician Assistant Practice Act of 1987. | ||
(h) (Blank). | ||
(i) A collaborating physician shall delegate prescriptive | ||
authority to a prescribing psychologist as part of a written | ||
collaborative agreement, and the delegation of prescriptive |
authority shall conform to the requirements of Section 4.3 of | ||
the Clinical Psychologist Licensing Act. | ||
(j) As set forth in Section 22.2 of this Act, a licensee | ||
under this Act may not directly or indirectly divide, share, or | ||
split any professional fee or other form of compensation for | ||
professional services with anyone in exchange for a referral or | ||
otherwise, other than as provided in Section 22.2. | ||
(Source: P.A. 99-173, eff. 7-29-15; 100-453, eff. 8-25-17; | ||
100-513, eff. 1-1-18; revised 9-29-17.)
| ||
Section 390. The Pharmacy Practice Act is amended by | ||
changing Sections 3 and 4 as follows:
| ||
(225 ILCS 85/3)
| ||
(Section scheduled to be repealed on January 1, 2020)
| ||
Sec. 3. Definitions. For the purpose of this Act, except | ||
where otherwise
limited therein:
| ||
(a) "Pharmacy" or "drugstore" means and includes every | ||
store, shop,
pharmacy department, or other place where | ||
pharmacist
care is
provided
by a pharmacist (1) where drugs, | ||
medicines, or poisons are
dispensed, sold or
offered for sale | ||
at retail, or displayed for sale at retail; or
(2)
where
| ||
prescriptions of physicians, dentists, advanced practice | ||
registered nurses, physician assistants, veterinarians, | ||
podiatric physicians, or
optometrists, within the limits of | ||
their
licenses, are
compounded, filled, or dispensed; or (3) |
which has upon it or
displayed within
it, or affixed to or used | ||
in connection with it, a sign bearing the word or
words | ||
"Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical
Care", | ||
"Apothecary", "Drugstore",
"Medicine Store", "Prescriptions", | ||
"Drugs", "Dispensary", "Medicines", or any word
or words of | ||
similar or like import, either in the English language
or any | ||
other language; or (4) where the characteristic prescription
| ||
sign (Rx) or similar design is exhibited; or (5) any store, or
| ||
shop,
or other place with respect to which any of the above | ||
words, objects,
signs or designs are used in any advertisement.
| ||
(b) "Drugs" means and includes (1) articles recognized
in | ||
the official United States Pharmacopoeia/National Formulary | ||
(USP/NF),
or any supplement thereto and being intended for and | ||
having for their
main use the diagnosis, cure, mitigation, | ||
treatment or prevention of
disease in man or other animals, as | ||
approved by the United States Food and
Drug Administration, but | ||
does not include devices or their components, parts,
or | ||
accessories; and (2) all other articles intended
for and having | ||
for their main use the diagnosis, cure, mitigation,
treatment | ||
or prevention of disease in man or other animals, as approved
| ||
by the United States Food and Drug Administration, but does not | ||
include
devices or their components, parts, or accessories; and | ||
(3) articles
(other than food) having for their main use and | ||
intended
to affect the structure or any function of the body of | ||
man or other
animals; and (4) articles having for their main | ||
use and intended
for use as a component or any articles |
specified in clause (1), (2)
or (3); but does not include | ||
devices or their components, parts or
accessories.
| ||
(c) "Medicines" means and includes all drugs intended for
| ||
human or veterinary use approved by the United States Food and | ||
Drug
Administration.
| ||
(d) "Practice of pharmacy" means: | ||
(1) the interpretation and the provision of assistance | ||
in the monitoring, evaluation, and implementation of | ||
prescription drug orders; | ||
(2) the dispensing of prescription drug orders; | ||
(3) participation in drug and device selection; | ||
(4) drug administration limited to the administration | ||
of oral, topical, injectable, and inhalation as follows: | ||
(A) in the context of patient education on the | ||
proper use or delivery of medications; | ||
(B) vaccination of patients 14 years of age and | ||
older pursuant to a valid prescription or standing | ||
order, by a physician licensed to practice medicine in | ||
all its branches, upon completion of appropriate | ||
training, including how to address contraindications | ||
and adverse reactions set forth by rule, with | ||
notification to the patient's physician and | ||
appropriate record retention, or pursuant to hospital | ||
pharmacy and therapeutics committee policies and | ||
procedures; and | ||
(C) administration of injections of |
alpha-hydroxyprogesterone caproate, pursuant to a | ||
valid prescription, by a physician licensed to | ||
practice medicine in all its branches, upon completion | ||
of appropriate training, including how to address | ||
contraindications and adverse reactions set forth by | ||
rule, with notification to the patient's physician and | ||
appropriate record retention, or pursuant to hospital | ||
pharmacy and therapeutics committee policies and | ||
procedures; | ||
(5) vaccination of patients ages 10 through 13 limited | ||
to the Influenza (inactivated influenza vaccine and live | ||
attenuated influenza intranasal vaccine) and Tdap (defined | ||
as tetanus, diphtheria, acellular pertussis) vaccines, | ||
pursuant to a valid prescription or standing order, by a | ||
physician licensed to practice medicine in all its | ||
branches, upon completion of appropriate training, | ||
including how to address contraindications and adverse | ||
reactions set forth by rule, with notification to the | ||
patient's physician and appropriate record retention, or | ||
pursuant to hospital pharmacy and therapeutics committee | ||
policies and procedures; | ||
(6) drug regimen review; | ||
(7) drug or drug-related research; | ||
(8) the provision of patient counseling; | ||
(9) the practice of telepharmacy; | ||
(10) the provision of those acts or services necessary |
to provide pharmacist care; | ||
(11) medication therapy management; and | ||
(12) the responsibility for compounding and labeling | ||
of drugs and devices (except labeling by a manufacturer, | ||
repackager, or distributor of non-prescription drugs and | ||
commercially packaged legend drugs and devices), proper | ||
and safe storage of drugs and devices, and maintenance of | ||
required records. | ||
A pharmacist who performs any of the acts defined as the | ||
practice of pharmacy in this State must be actively licensed as | ||
a pharmacist under this Act.
| ||
(e) "Prescription" means and includes any written, oral, | ||
facsimile, or
electronically transmitted order for drugs
or | ||
medical devices, issued by a physician licensed to practice | ||
medicine in
all its branches, dentist, veterinarian, podiatric | ||
physician, or
optometrist, within the
limits of his or her | ||
license their licenses , by a physician assistant in accordance | ||
with
subsection (f) of Section 4, or by an advanced practice | ||
registered nurse in
accordance with subsection (g) of Section | ||
4, containing the
following: (1) name
of the patient; (2) date | ||
when prescription was issued; (3) name
and strength of drug or | ||
description of the medical device prescribed;
and (4) quantity; | ||
(5) directions for use; (6) prescriber's name,
address,
and | ||
signature; and (7) DEA registration number where required, for | ||
controlled
substances.
The prescription may, but is not | ||
required to, list the illness, disease, or condition for which |
the drug or device is being prescribed. DEA registration | ||
numbers shall not be required on inpatient drug orders.
| ||
(f) "Person" means and includes a natural person, | ||
partnership,
association, corporation, government entity, or | ||
any other legal
entity.
| ||
(g) "Department" means the Department of Financial and
| ||
Professional Regulation.
| ||
(h) "Board of Pharmacy" or "Board" means the State Board
of | ||
Pharmacy of the Department of Financial and Professional | ||
Regulation.
| ||
(i) "Secretary"
means the Secretary
of Financial and | ||
Professional Regulation.
| ||
(j) "Drug product selection" means the interchange for a
| ||
prescribed pharmaceutical product in accordance with Section | ||
25 of
this Act and Section 3.14 of the Illinois Food, Drug and | ||
Cosmetic Act.
| ||
(k) "Inpatient drug order" means an order issued by an | ||
authorized
prescriber for a resident or patient of a facility | ||
licensed under the
Nursing Home Care Act, the ID/DD Community | ||
Care Act, the MC/DD Act, the Specialized Mental Health | ||
Rehabilitation Act of 2013, the Hospital Licensing Act, or the | ||
University of Illinois Hospital Act "An Act in relation to
the | ||
founding and operation of the University of Illinois Hospital | ||
and the
conduct of University of Illinois health care | ||
programs", approved July 3, 1931,
as amended , or a facility | ||
which is operated by the Department of Human
Services (as |
successor to the Department of Mental Health
and Developmental | ||
Disabilities) or the Department of Corrections.
| ||
(k-5) "Pharmacist" means an individual health care | ||
professional and
provider currently licensed by this State to | ||
engage in the practice of
pharmacy.
| ||
(l) "Pharmacist in charge" means the licensed pharmacist | ||
whose name appears
on a pharmacy license and who is responsible | ||
for all aspects of the
operation related to the practice of | ||
pharmacy.
| ||
(m) "Dispense" or "dispensing" means the interpretation, | ||
evaluation, and implementation of a prescription drug order, | ||
including the preparation and delivery of a drug or device to a | ||
patient or patient's agent in a suitable container | ||
appropriately labeled for subsequent administration to or use | ||
by a patient in accordance with applicable State and federal | ||
laws and regulations.
"Dispense" or "dispensing" does not mean | ||
the physical delivery to a patient or a
patient's | ||
representative in a home or institution by a designee of a | ||
pharmacist
or by common carrier. "Dispense" or "dispensing" | ||
also does not mean the physical delivery
of a drug or medical | ||
device to a patient or patient's representative by a
| ||
pharmacist's designee within a pharmacy or drugstore while the | ||
pharmacist is
on duty and the pharmacy is open.
| ||
(n) "Nonresident pharmacy"
means a pharmacy that is located | ||
in a state, commonwealth, or territory
of the United States, | ||
other than Illinois, that delivers, dispenses, or
distributes, |
through the United States Postal Service, commercially | ||
acceptable parcel delivery service, or other common
carrier, to | ||
Illinois residents, any substance which requires a | ||
prescription.
| ||
(o) "Compounding" means the preparation and mixing of | ||
components, excluding flavorings, (1) as the result of a | ||
prescriber's prescription drug order or initiative based on the | ||
prescriber-patient-pharmacist relationship in the course of | ||
professional practice or (2) for the purpose of, or incident | ||
to, research, teaching, or chemical analysis and not for sale | ||
or dispensing. "Compounding" includes the preparation of drugs | ||
or devices in anticipation of receiving prescription drug | ||
orders based on routine, regularly observed dispensing | ||
patterns. Commercially available products may be compounded | ||
for dispensing to individual patients only if all of the | ||
following conditions are met: (i) the commercial product is not | ||
reasonably available from normal distribution channels in a | ||
timely manner to meet the patient's needs and (ii) the | ||
prescribing practitioner has requested that the drug be | ||
compounded.
| ||
(p) (Blank).
| ||
(q) (Blank).
| ||
(r) "Patient counseling" means the communication between a | ||
pharmacist or a student pharmacist under the supervision of a | ||
pharmacist and a patient or the patient's representative about | ||
the patient's medication or device for the purpose of |
optimizing proper use of prescription medications or devices. | ||
"Patient counseling" may include without limitation (1) | ||
obtaining a medication history; (2) acquiring a patient's | ||
allergies and health conditions; (3) facilitation of the | ||
patient's understanding of the intended use of the medication; | ||
(4) proper directions for use; (5) significant potential | ||
adverse events; (6) potential food-drug interactions; and (7) | ||
the need to be compliant with the medication therapy. A | ||
pharmacy technician may only participate in the following | ||
aspects of patient counseling under the supervision of a | ||
pharmacist: (1) obtaining medication history; (2) providing | ||
the offer for counseling by a pharmacist or student pharmacist; | ||
and (3) acquiring a patient's allergies and health conditions.
| ||
(s) "Patient profiles" or "patient drug therapy record" | ||
means the
obtaining, recording, and maintenance of patient | ||
prescription
information, including prescriptions for | ||
controlled substances, and
personal information.
| ||
(t) (Blank).
| ||
(u) "Medical device" or "device" means an instrument, | ||
apparatus, implement, machine,
contrivance, implant, in vitro | ||
reagent, or other similar or related article,
including any | ||
component part or accessory, required under federal law to
bear | ||
the label "Caution: Federal law requires dispensing by or on | ||
the order
of a physician". A seller of goods and services who, | ||
only for the purpose of
retail sales, compounds, sells, rents, | ||
or leases medical devices shall not,
by reasons thereof, be |
required to be a licensed pharmacy.
| ||
(v) "Unique identifier" means an electronic signature, | ||
handwritten
signature or initials, thumb print, or other | ||
acceptable biometric
or electronic identification process as | ||
approved by the Department.
| ||
(w) "Current usual and customary retail price" means the | ||
price that a pharmacy charges to a non-third-party payor.
| ||
(x) "Automated pharmacy system" means a mechanical system | ||
located within the confines of the pharmacy or remote location | ||
that performs operations or activities, other than compounding | ||
or administration, relative to storage, packaging, dispensing, | ||
or distribution of medication, and which collects, controls, | ||
and maintains all transaction information. | ||
(y) "Drug regimen review" means and includes the evaluation | ||
of prescription drug orders and patient records for (1)
known | ||
allergies; (2) drug or potential therapy contraindications;
| ||
(3) reasonable dose, duration of use, and route of | ||
administration, taking into consideration factors such as age, | ||
gender, and contraindications; (4) reasonable directions for | ||
use; (5) potential or actual adverse drug reactions; (6) | ||
drug-drug interactions; (7) drug-food interactions; (8) | ||
drug-disease contraindications; (9) therapeutic duplication; | ||
(10) patient laboratory values when authorized and available; | ||
(11) proper utilization (including over or under utilization) | ||
and optimum therapeutic outcomes; and (12) abuse and misuse.
| ||
(z) "Electronically transmitted prescription" means a |
prescription that is created, recorded, or stored by electronic | ||
means; issued and validated with an electronic signature; and | ||
transmitted by electronic means directly from the prescriber to | ||
a pharmacy. An electronic prescription is not an image of a | ||
physical prescription that is transferred by electronic means | ||
from computer to computer, facsimile to facsimile, or facsimile | ||
to computer.
| ||
(aa) "Medication therapy management services" means a | ||
distinct service or group of services offered by licensed | ||
pharmacists, physicians licensed to practice medicine in all | ||
its branches, advanced practice registered nurses authorized | ||
in a written agreement with a physician licensed to practice | ||
medicine in all its branches, or physician assistants | ||
authorized in guidelines by a supervising physician that | ||
optimize therapeutic outcomes for individual patients through | ||
improved medication use. In a retail or other non-hospital | ||
pharmacy, medication therapy management services shall consist | ||
of the evaluation of prescription drug orders and patient | ||
medication records to resolve conflicts with the following: | ||
(1) known allergies; | ||
(2) drug or potential therapy contraindications; | ||
(3) reasonable dose, duration of use, and route of | ||
administration, taking into consideration factors such as | ||
age, gender, and contraindications; | ||
(4) reasonable directions for use; | ||
(5) potential or actual adverse drug reactions; |
(6) drug-drug interactions; | ||
(7) drug-food interactions; | ||
(8) drug-disease contraindications; | ||
(9) identification of therapeutic duplication; | ||
(10) patient laboratory values when authorized and | ||
available; | ||
(11) proper utilization (including over or under | ||
utilization) and optimum therapeutic outcomes; and | ||
(12) drug abuse and misuse. | ||
"Medication therapy management services" includes the | ||
following: | ||
(1) documenting the services delivered and | ||
communicating the information provided to patients' | ||
prescribers within an appropriate time frame, not to exceed | ||
48 hours; | ||
(2) providing patient counseling designed to enhance a | ||
patient's understanding and the appropriate use of his or | ||
her medications; and | ||
(3) providing information, support services, and | ||
resources designed to enhance a patient's adherence with | ||
his or her prescribed therapeutic regimens. | ||
"Medication therapy management services" may also include | ||
patient care functions authorized by a physician licensed to | ||
practice medicine in all its branches for his or her identified | ||
patient or groups of patients under specified conditions or | ||
limitations in a standing order from the physician. |
"Medication therapy management services" in a licensed | ||
hospital may also include the following: | ||
(1) reviewing assessments of the patient's health | ||
status; and | ||
(2) following protocols of a hospital pharmacy and | ||
therapeutics committee with respect to the fulfillment of | ||
medication orders.
| ||
(bb) "Pharmacist care" means the provision by a pharmacist | ||
of medication therapy management services, with or without the | ||
dispensing of drugs or devices, intended to achieve outcomes | ||
that improve patient health, quality of life, and comfort and | ||
enhance patient safety.
| ||
(cc) "Protected health information" means individually | ||
identifiable health information that, except as otherwise | ||
provided, is:
| ||
(1) transmitted by electronic media; | ||
(2) maintained in any medium set forth in the | ||
definition of "electronic media" in the federal Health | ||
Insurance Portability and Accountability Act; or | ||
(3) transmitted or maintained in any other form or | ||
medium. | ||
"Protected health information" does not include | ||
individually identifiable health information found in: | ||
(1) education records covered by the federal Family | ||
Educational Right and Privacy Act; or | ||
(2) employment records held by a licensee in its role |
as an employer. | ||
(dd) "Standing order" means a specific order for a patient | ||
or group of patients issued by a physician licensed to practice | ||
medicine in all its branches in Illinois. | ||
(ee) "Address of record" means the designated address | ||
recorded by the Department in the applicant's application file | ||
or licensee's license file maintained by the Department's | ||
licensure maintenance unit. | ||
(ff) "Home pharmacy" means the location of a pharmacy's | ||
primary operations.
| ||
(gg) "Email address of record" means the designated email | ||
address recorded by the Department in the applicant's | ||
application file or the licensee's license file, as maintained | ||
by the Department's licensure maintenance unit. | ||
(Source: P.A. 99-180, eff. 7-29-15; 100-208, eff. 1-1-18; | ||
100-497, eff. 9-8-17; 100-513, eff. 1-1-18; revised 9-29-17.)
| ||
(225 ILCS 85/4) (from Ch. 111, par. 4124)
| ||
(Section scheduled to be repealed on January 1, 2020)
| ||
Sec. 4. Exemptions. Nothing contained in any Section of | ||
this Act shall
apply
to, or in any manner interfere with:
| ||
(a) the lawful practice of any physician licensed to | ||
practice medicine in
all of its branches, dentist, | ||
podiatric physician,
veterinarian, or therapeutically or | ||
diagnostically certified optometrist within
the limits of
| ||
his or her license, or prevent him or her from
supplying to |
his
or her
bona fide patients
such drugs, medicines, or | ||
poisons as may seem to him appropriate;
| ||
(b) the sale of compressed gases;
| ||
(c) the sale of patent or proprietary medicines and | ||
household remedies
when sold in original and unbroken | ||
packages only, if such patent or
proprietary medicines and | ||
household remedies be properly and adequately
labeled as to | ||
content and usage and generally considered and accepted
as | ||
harmless and nonpoisonous when used according to the | ||
directions
on the label, and also do not contain opium or | ||
coca leaves, or any
compound, salt or derivative thereof, | ||
or any drug which, according
to the latest editions of the | ||
following authoritative pharmaceutical
treatises and | ||
standards, namely, The United States | ||
Pharmacopoeia/National
Formulary (USP/NF), the United | ||
States Dispensatory, and the Accepted
Dental Remedies of | ||
the Council of Dental Therapeutics of the American
Dental | ||
Association or any or either of them, in use on the | ||
effective
date of this Act, or according to the existing | ||
provisions of the Federal
Food, Drug, and Cosmetic Act and | ||
Regulations of the Department of Health
and Human Services, | ||
Food and Drug Administration, promulgated thereunder
now | ||
in effect, is designated, described or considered as a | ||
narcotic,
hypnotic, habit forming, dangerous, or poisonous | ||
drug;
| ||
(d) the sale of poultry and livestock remedies in |
original and unbroken
packages only, labeled for poultry | ||
and livestock medication;
| ||
(e) the sale of poisonous substances or mixture of | ||
poisonous substances,
in unbroken packages, for | ||
nonmedicinal use in the arts or industries
or for | ||
insecticide purposes; provided, they are properly and | ||
adequately
labeled as to content and such nonmedicinal | ||
usage, in conformity
with the provisions of all applicable | ||
federal, state and local laws
and regulations promulgated | ||
thereunder now in effect relating thereto
and governing the | ||
same, and those which are required under such applicable
| ||
laws and regulations to be labeled with the word "Poison", | ||
are also labeled
with the word "Poison" printed
thereon in | ||
prominent type and the name of a readily obtainable | ||
antidote
with directions for its administration;
| ||
(f) the delegation of limited prescriptive authority | ||
by a physician
licensed to
practice medicine in all its | ||
branches to a physician assistant
under Section 7.5 of the | ||
Physician Assistant Practice Act of 1987. This
delegated | ||
authority under Section 7.5 of the Physician Assistant | ||
Practice Act of 1987 may, but is not required to, include | ||
prescription of
controlled substances, as defined in | ||
Article II of the
Illinois Controlled Substances Act, in | ||
accordance with a written supervision agreement;
| ||
(g) the delegation of prescriptive authority by a | ||
physician
licensed to practice medicine in all its branches |
or a licensed podiatric physician to an advanced practice
| ||
registered nurse in accordance with a written | ||
collaborative
agreement under Sections 65-35 and 65-40 of | ||
the Nurse Practice Act; and
| ||
(h) the sale or distribution of dialysate or devices | ||
necessary to perform home peritoneal renal dialysis for | ||
patients with end-stage renal disease, provided that all of | ||
the following conditions are met: | ||
(1) the dialysate, comprised of dextrose or | ||
icodextrin, or devices are approved or cleared by the | ||
federal Food and Drug Administration, as required by | ||
federal law; | ||
(2) the dialysate or devices are lawfully held by a | ||
manufacturer or the manufacturer's agent, which is | ||
properly registered with the Board as a manufacturer or | ||
wholesaler; | ||
(3) the dialysate or devices are held and delivered | ||
to the manufacturer or the manufacturer's agent in the | ||
original, sealed packaging from the manufacturing | ||
facility; | ||
(4) the dialysate or devices are delivered only | ||
upon receipt of a physician's prescription by a | ||
licensed pharmacy in which the prescription is | ||
processed in accordance with provisions set forth in | ||
this Act, and the transmittal of an order from the | ||
licensed pharmacy to the manufacturer or the |
manufacturer's agent; and | ||
(5) the manufacturer or the manufacturer's agent | ||
delivers the dialysate or devices directly to: (i) a | ||
patient with end-stage renal disease, or his or her | ||
designee, for the patient's self-administration of the | ||
dialysis therapy or (ii) a health care provider or | ||
institution for administration or delivery of the | ||
dialysis therapy to a patient with end-stage renal | ||
disease. | ||
This paragraph (h) does not include any other drugs for | ||
peritoneal dialysis, except dialysate, as described in | ||
item (1) of this paragraph (h). All records of sales and | ||
distribution of dialysate to patients made pursuant to this | ||
paragraph (h) must be retained in accordance with Section | ||
18 of this Act. | ||
(Source: P.A. 100-218, eff. 8-18-17; 100-513, eff. 1-1-18; | ||
revised 9-29-17.)
| ||
Section 395. The Illinois Physical Therapy Act is amended | ||
by changing Section 1 as follows:
| ||
(225 ILCS 90/1) (from Ch. 111, par. 4251)
| ||
(Section scheduled to be repealed on January 1, 2026)
| ||
Sec. 1. Definitions. As used in this Act:
| ||
(1) "Physical therapy" means all of the following: | ||
(A) Examining, evaluating, and testing individuals who |
may have mechanical, physiological, or developmental | ||
impairments, functional limitations, disabilities, or | ||
other health and movement-related conditions, classifying | ||
these disorders, determining a rehabilitation prognosis | ||
and plan of therapeutic intervention, and assessing the | ||
ongoing on-going effects of the interventions. | ||
(B) Alleviating impairments, functional limitations, | ||
or disabilities by designing, implementing, and modifying | ||
therapeutic interventions that may include, but are not | ||
limited to, the evaluation or treatment of a person through | ||
the use of the effective properties of physical measures | ||
and heat, cold, light, water, radiant energy, electricity, | ||
sound, and air and use of therapeutic massage, therapeutic | ||
exercise, mobilization, and rehabilitative procedures, | ||
with or without assistive devices, for the purposes of | ||
preventing, correcting, or alleviating a physical or | ||
mental impairment, functional limitation, or disability. | ||
(C) Reducing the risk of injury, impairment, | ||
functional limitation, or disability, including the | ||
promotion and maintenance of fitness, health, and | ||
wellness. | ||
(D) Engaging in administration, consultation, | ||
education, and research.
| ||
"Physical therapy"
includes, but is not limited to: (a) | ||
performance
of specialized tests and measurements, (b) | ||
administration of specialized
treatment procedures, (c) |
interpretation of referrals from physicians, dentists, | ||
advanced practice registered nurses, physician assistants,
and | ||
podiatric physicians, (d) establishment, and modification of | ||
physical therapy
treatment programs, (e) administration of | ||
topical medication used in generally
accepted physical therapy | ||
procedures when such medication is either prescribed
by the | ||
patient's physician, licensed to practice medicine in all its | ||
branches,
the patient's physician licensed to practice | ||
podiatric medicine, the patient's advanced practice registered | ||
nurse, the patient's physician assistant, or the
patient's | ||
dentist or used following the physician's orders or written | ||
instructions, (f) supervision or teaching of physical therapy, | ||
and (g) dry needling in accordance with Section 1.5.
" Physical | ||
therapy " does not include radiology, electrosurgery, | ||
chiropractic
technique or determination of a differential
| ||
diagnosis; provided, however,
the limitation on determining a | ||
differential diagnosis shall not in any
manner limit a physical | ||
therapist licensed under this Act from performing
an evaluation | ||
pursuant to such license. Nothing in this Section shall limit
a | ||
physical therapist from employing appropriate physical therapy | ||
techniques
that he or she is educated and licensed to perform. | ||
A physical therapist
shall refer to a licensed physician, | ||
advanced practice registered nurse, physician assistant, | ||
dentist, podiatric physician, other physical therapist, or | ||
other health care provider any patient
whose medical condition | ||
should, at the time of evaluation or treatment, be
determined |
to be beyond the scope of practice of the physical therapist.
| ||
(2) "Physical therapist" means a person who practices | ||
physical therapy
and who has met all requirements as provided | ||
in this Act.
| ||
(3) "Department" means the Department of Professional | ||
Regulation.
| ||
(4) "Director" means the Director of Professional | ||
Regulation.
| ||
(5) "Board" means the Physical Therapy Licensing and | ||
Disciplinary Board approved
by the Director.
| ||
(6) "Referral" means a written or oral authorization for | ||
physical therapy services for a patient by a physician, | ||
dentist, advanced practice registered nurse, physician | ||
assistant, or podiatric physician who maintains medical | ||
supervision of the patient and makes a diagnosis or verifies | ||
that the patient's condition is such that it may be treated by | ||
a physical therapist.
| ||
(7) "Documented current and relevant diagnosis" for the | ||
purpose of
this Act means a diagnosis, substantiated by | ||
signature or oral verification
of a physician, dentist, | ||
advanced practice registered nurse, physician assistant, or | ||
podiatric physician, that a patient's condition is such
that it | ||
may be treated by physical therapy as defined in this Act, | ||
which
diagnosis shall remain in effect until changed by the | ||
physician, dentist, advanced practice registered nurse, | ||
physician assistant,
or podiatric physician.
|
(8) "State" includes:
| ||
(a) the states of the United States of America;
| ||
(b) the District of Columbia; and
| ||
(c) the Commonwealth of Puerto Rico.
| ||
(9) "Physical therapist assistant" means a person licensed | ||
to assist a
physical therapist and who has met all requirements | ||
as provided in this Act
and who works under the supervision of | ||
a licensed physical therapist to assist
in implementing the | ||
physical therapy treatment program as established by the
| ||
licensed physical therapist. The patient care activities | ||
provided by the
physical therapist assistant shall not include | ||
the interpretation of referrals,
evaluation procedures, or the | ||
planning or major modification of patient programs.
| ||
(10) "Physical therapy aide" means a person who has | ||
received on
the job training, specific to the facility in which | ||
he is employed.
| ||
(11) "Advanced practice registered nurse" means a person | ||
licensed as an advanced practice registered nurse under the | ||
Nurse Practice Act. | ||
(12) "Physician assistant" means a person licensed under | ||
the Physician Assistant Practice Act of 1987.
| ||
(Source: P.A. 99-173, eff. 7-29-15; 99-229, eff. 8-3-15; | ||
99-642, eff. 7-28-16; 100-201, eff. 8-18-17; 100-418, eff. | ||
8-25-17; 100-513, eff. 1-1-18; revised 9-29-17.)
| ||
Section 400. The Boiler and Pressure Vessel Repairer |
Regulation Act is amended by changing Section 90 as follows:
| ||
(225 ILCS 203/90)
| ||
(Section scheduled to be repealed on January 1, 2027)
| ||
Sec. 90. Penalties. (a) Any natural person who violates any | ||
of the following provisions
shall be guilty of a Class A | ||
misdemeanor for the first offense and a
corporation or other | ||
business entity that violates any of the following
provision | ||
commits a business
offense punishable by a fine of up to | ||
$1,000:
| ||
(1) Practicing or attempting to practice as a boiler | ||
and pressure vessel
repairer without a license;
| ||
(2) Obtaining or attempting to obtain a license, | ||
practice or
business, or any other thing of value by | ||
fraudulent representation;
| ||
(3) Permitting, directing, or authorizing any person | ||
in one's employ or
under one's direction or supervision to | ||
work or serve as a licensee if that
individual does not | ||
possess an appropriate valid license.
| ||
Whenever any person is punished as a repeat offender under | ||
this Section,
the State Fire Marshal or the Board may proceed | ||
to obtain a permanent
injunction against the person
under | ||
Section 10.
| ||
If any person in making any oath or affidavit required by | ||
this Act swears
falsely, such person is guilty of perjury and | ||
upon conviction thereof may
be punished accordingly.
|
A natural person who violates any Section of this Act other | ||
than this Section
shall be guilty of a Class A misdemeanor for | ||
the first offense, and a
corporation or other business entity | ||
that violates any Section of this Act
commits a business | ||
offense
punishable by a fine of up to $1,000 $1000 for the | ||
first offense.
| ||
Second or subsequent offenses in violation of any Section | ||
of this Act,
including this Section, are Class 4 felonies if | ||
committed by a natural person,
or a business offense punishable | ||
by a fine of up to $5,000 if committed by
a corporation or | ||
other business entity.
| ||
(Source: P.A. 89-467, eff. 1-1-97; revised 11-8-17.)
| ||
Section 405. The Illinois Landscape Architecture Act of | ||
1989 is amended by changing Section 29 as follows:
| ||
(225 ILCS 315/29) (from Ch. 111, par. 8129)
| ||
(Section scheduled to be repealed on January 1, 2020)
| ||
Sec. 29. Administrative Review Law; venue. (a) All
final | ||
administrative decisions of the Department are subject
to | ||
judicial review under the
Administrative Review
Law, and its | ||
rules. The term "administrative decision" is defined as in
| ||
Section 3-101 of the Code of Civil Procedure.
| ||
Proceedings for judicial review shall be commenced in the | ||
circuit
court of the county in which the party applying for | ||
review resides,
but if the party is not a resident of this |
State, the venue
shall be in Sangamon County.
| ||
(Source: P.A. 88-363; revised 11-8-17.)
| ||
Section 410. The Illinois Professional Land Surveyor Act of | ||
1989 is amended by changing Section 13 as follows:
| ||
(225 ILCS 330/13) (from Ch. 111, par. 3263)
| ||
(Section scheduled to be repealed on January 1, 2020)
| ||
Sec. 13. Minimum standards for enrollment as a Surveyor | ||
Intern. . To enroll as a Surveyor Intern, an applicant must be: | ||
(1) a graduate of an approved land surveying curriculum | ||
of at least 4 years who has passed an examination in the | ||
fundamentals of surveying, as defined by rule; | ||
(2) an applicant in the last year of an approved land | ||
surveying or related science curriculum who passes an | ||
examination in the fundamentals of surveying, as defined by | ||
rule, and furnishes proof that the applicant graduated | ||
within a 12-month period following the examination; or | ||
(3) a graduate of a baccalaureate curriculum of at | ||
least 4 years, including at least 24 semester hours of land | ||
surveying courses from an approved land surveying | ||
curriculum and the related science courses, as defined by | ||
rule, who passes an examination in the fundamentals of | ||
surveying, as defined by rule.
| ||
(Source: P.A. 100-171, eff. 1-1-18; revised 9-29-17.)
|
Section 415. The Collection Agency Act is amended by | ||
changing Section 9.22 as follows:
| ||
(225 ILCS 425/9.22) (from Ch. 111, par. 2034)
| ||
(Section scheduled to be repealed on January 1, 2026)
| ||
Sec. 9.22. Illinois Administrative Procedure Act. The | ||
Illinois Administrative
Procedure Act is hereby expressly | ||
adopted and incorporated herein as if all of
the provisions of | ||
that Act were included in this Act, except that the provision
| ||
of subsection (d) of Section 10-65 of the Illinois | ||
Administrative Procedure Act
that provides that at hearings the | ||
licensee has the right to show compliance
with all lawful | ||
requirements for retention, continuation or renewal of the
| ||
license is specifically excluded. For the purposes of this Act | ||
the notice
required under Section 10-25 of the Illinois | ||
Administrative Procedure Act is deemed
sufficient when mailed | ||
or emailed to the applicant or licensee at the address of | ||
record or email address of record.
| ||
(Source: P.A. 99-227, eff. 8-3-15; 100-132, eff. 8-18-17; | ||
revised 9-29-17.)
| ||
Section 420. The Real Estate License Act of 2000 is amended | ||
by changing Sections 1-10 and 20-20 as follows:
| ||
(225 ILCS 454/1-10)
| ||
(Section scheduled to be repealed on January 1, 2020)
|
Sec. 1-10. Definitions. In this Act, unless the context | ||
otherwise requires:
| ||
"Act" means the Real Estate License Act of 2000.
| ||
"Address of record" means the designated address recorded | ||
by the Department in the applicant's or licensee's application | ||
file or license file as maintained by the Department's | ||
licensure maintenance unit. It is the duty of the applicant or | ||
licensee to inform the Department of any change of address, and | ||
those changes must be made either through the Department's | ||
website or by contacting the Department.
| ||
"Agency" means a relationship in which a broker or | ||
licensee,
whether directly or through an affiliated licensee, | ||
represents a consumer by
the consumer's consent, whether | ||
express or implied, in a real property
transaction.
| ||
"Applicant" means any person, as defined in this Section, | ||
who applies to
the Department for a valid license as a managing | ||
broker, broker, or
leasing agent.
| ||
"Blind advertisement" means any real estate advertisement | ||
that does not
include the sponsoring broker's business name and | ||
that is used by any licensee
regarding the sale or lease of | ||
real estate, including his or her own, licensed
activities, or | ||
the hiring of any licensee under this Act. The broker's
| ||
business name in the case of a franchise shall include the | ||
franchise
affiliation as well as the name of the individual | ||
firm.
| ||
"Board" means the Real Estate Administration and |
Disciplinary Board of the Department as created by Section | ||
25-10 of this Act.
| ||
"Branch office" means a sponsoring broker's office other | ||
than the sponsoring
broker's principal office.
| ||
"Broker" means an individual, partnership, limited | ||
liability company,
corporation, or registered limited | ||
liability partnership other than a leasing agent who, whether | ||
in person or through any media or technology, for another and | ||
for compensation, or
with the intention or expectation of | ||
receiving compensation, either
directly or indirectly:
| ||
(1) Sells, exchanges, purchases, rents, or leases real | ||
estate.
| ||
(2) Offers to sell, exchange, purchase, rent, or lease | ||
real estate.
| ||
(3) Negotiates, offers, attempts, or agrees to | ||
negotiate the sale,
exchange, purchase, rental, or leasing | ||
of real estate.
| ||
(4) Lists, offers, attempts, or agrees to list real | ||
estate for sale,
rent, lease, or exchange.
| ||
(5) Buys, sells, offers to buy or sell, or otherwise | ||
deals in options on
real estate or improvements thereon.
| ||
(6) Supervises the collection, offer, attempt, or | ||
agreement
to collect rent for the use of real estate.
| ||
(7) Advertises or represents himself or herself as | ||
being engaged in the
business of buying, selling, | ||
exchanging, renting, or leasing real estate.
|
(8) Assists or directs in procuring or referring of | ||
leads or prospects, intended to
result in the sale, | ||
exchange, lease, or rental of real estate.
| ||
(9) Assists or directs in the negotiation of any | ||
transaction intended to
result in the sale, exchange, | ||
lease, or rental of real estate.
| ||
(10) Opens real estate to the public for marketing | ||
purposes.
| ||
(11) Sells, rents, leases, or offers for sale or lease | ||
real estate at
auction.
| ||
(12) Prepares or provides a broker price opinion or | ||
comparative market analysis as those terms are defined in | ||
this Act, pursuant to the provisions of Section 10-45 of | ||
this Act. | ||
"Brokerage agreement" means a written or oral agreement | ||
between a sponsoring
broker and a consumer for licensed | ||
activities to be provided to a consumer in
return for | ||
compensation or the right to receive compensation from another.
| ||
Brokerage agreements may constitute either a bilateral or a | ||
unilateral
agreement between the broker and the broker's client | ||
depending upon the content
of the brokerage agreement. All | ||
exclusive brokerage agreements shall be in
writing.
| ||
"Broker price opinion" means an estimate or analysis of the | ||
probable selling price of a particular interest in real estate, | ||
which may provide a varying level of detail about the | ||
property's condition, market, and neighborhood and information |
on comparable sales. The activities of a real estate broker or | ||
managing broker engaging in the ordinary course of business as | ||
a broker, as defined in this Section, shall not be considered a | ||
broker price opinion if no compensation is paid to the broker | ||
or managing broker, other than compensation based upon the sale | ||
or rental of real estate. | ||
"Client" means a person who is being represented by a | ||
licensee.
| ||
"Comparative market analysis" is an analysis or opinion | ||
regarding pricing, marketing, or financial aspects relating to | ||
a specified interest or interests in real estate that may be | ||
based upon an analysis of comparative market data, the | ||
expertise of the real estate broker or managing broker, and | ||
such other factors as the broker or managing broker may deem | ||
appropriate in developing or preparing such analysis or | ||
opinion. The activities of a real estate broker or managing | ||
broker engaging in the ordinary course of business as a broker, | ||
as defined in this Section, shall not be considered a | ||
comparative market analysis if no compensation is paid to the | ||
broker or managing broker, other than compensation based upon | ||
the sale or rental of real estate. | ||
"Compensation" means the valuable consideration given by | ||
one person or entity
to another person or entity in exchange | ||
for the performance of some activity or
service. Compensation | ||
shall include the transfer of valuable consideration,
| ||
including without limitation the following:
|
(1) commissions;
| ||
(2) referral fees;
| ||
(3) bonuses;
| ||
(4) prizes;
| ||
(5) merchandise;
| ||
(6) finder fees;
| ||
(7) performance of services;
| ||
(8) coupons or gift certificates;
| ||
(9) discounts;
| ||
(10) rebates;
| ||
(11) a chance to win a raffle, drawing, lottery, or | ||
similar game of chance
not prohibited by any other law or | ||
statute;
| ||
(12) retainer fee; or
| ||
(13) salary.
| ||
"Confidential information" means information obtained by a | ||
licensee from a
client during the term of a brokerage agreement | ||
that (i) was made confidential
by the written request or | ||
written instruction of the client, (ii) deals with
the | ||
negotiating position of the client, or (iii) is information the | ||
disclosure
of which could materially harm the negotiating | ||
position of the client, unless
at any time:
| ||
(1) the client permits the disclosure of information | ||
given by that client
by word or conduct;
| ||
(2) the disclosure is required by law; or
| ||
(3) the information becomes public from a source other |
than the licensee.
| ||
"Confidential information" shall not be considered to | ||
include material
information about the physical condition of | ||
the property.
| ||
"Consumer" means a person or entity seeking or receiving | ||
licensed
activities.
| ||
"Coordinator" means the Coordinator of Real Estate created | ||
in Section 25-15 of this Act.
| ||
"Credit hour" means 50 minutes of classroom instruction in | ||
course work that
meets the requirements set forth in rules | ||
adopted by the Department.
| ||
"Customer" means a consumer who is not being represented by | ||
the licensee but
for whom the licensee is performing | ||
ministerial acts.
| ||
"Department" means the Department of Financial and | ||
Professional Regulation. | ||
"Designated agency" means a contractual relationship | ||
between a sponsoring
broker and a client under Section 15-50 of | ||
this Act in which one or more
licensees associated with or | ||
employed by the broker are designated as agent of
the client.
| ||
"Designated agent" means a sponsored licensee named by a | ||
sponsoring broker as
the legal agent of a client, as provided | ||
for in Section 15-50 of this Act.
| ||
"Dual agency" means an agency relationship in which a | ||
licensee is
representing both buyer and seller or both landlord | ||
and tenant in the same
transaction. When the agency |
relationship is a designated agency, the
question of whether | ||
there is a dual agency shall be determined by the agency
| ||
relationships of the designated agent of the parties and not of | ||
the sponsoring
broker.
| ||
"Education provider" means a school licensed by the | ||
Department offering courses in pre-license, post-license, or | ||
continuing education required by this Act. | ||
"Employee" or other derivative of the word "employee", when | ||
used to refer to,
describe, or delineate the relationship | ||
between a sponsoring broker and a managing broker, broker, or a | ||
leasing agent, shall be
construed to include an independent | ||
contractor relationship, provided that a
written agreement | ||
exists that clearly establishes and states the relationship.
| ||
All responsibilities of a broker shall remain.
| ||
"Escrow moneys" means all moneys, promissory notes or any | ||
other type or
manner of legal tender or financial consideration | ||
deposited with any person for
the benefit of the parties to the | ||
transaction. A transaction exists once an
agreement has been | ||
reached and an accepted real estate contract signed or lease
| ||
agreed to by the parties. Escrow moneys includes without | ||
limitation earnest
moneys and security deposits, except those | ||
security deposits in which the
person holding the security | ||
deposit is also the sole owner of the property
being leased and | ||
for which the security deposit is being held.
| ||
"Electronic means of proctoring" means a methodology | ||
providing assurance that the person taking a test and |
completing the answers to questions is the person seeking | ||
licensure or credit for continuing education and is doing so | ||
without the aid of a third party or other device. | ||
"Exclusive brokerage agreement" means a written brokerage | ||
agreement that provides that the sponsoring broker has the sole | ||
right, through one or more sponsored licensees, to act as the | ||
exclusive designated agent or representative of the client and | ||
that meets the requirements of Section 15-75 of this Act.
| ||
"Inoperative" means a status of licensure where the | ||
licensee holds a current
license under this Act, but the | ||
licensee is prohibited from engaging in
licensed activities | ||
because the licensee is unsponsored or the license of the
| ||
sponsoring broker with whom the licensee is associated or by | ||
whom he or she is
employed is currently expired, revoked, | ||
suspended, or otherwise rendered
invalid under this Act.
| ||
"Interactive delivery method" means delivery of a course by | ||
an instructor through a medium allowing for 2-way communication | ||
between the instructor and a student in which either can | ||
initiate or respond to questions. | ||
"Leads" means the name or names of a potential buyer, | ||
seller, lessor, lessee, or client of a licensee. | ||
"Leasing Agent" means a person who is employed by a broker | ||
to
engage in licensed activities limited to leasing residential | ||
real estate who
has obtained a license as provided for in | ||
Section 5-5 of this Act.
| ||
"License" means the document issued by the Department |
certifying that the person named
thereon has fulfilled all | ||
requirements prerequisite to licensure under this
Act.
| ||
"Licensed activities" means those activities listed in the | ||
definition of
"broker" under this Section.
| ||
"Licensee" means any person, as defined in this Section, | ||
who holds a
valid unexpired license as a managing broker, | ||
broker, or
leasing agent.
| ||
"Listing presentation" means a communication between a | ||
managing broker or
broker and a consumer in which the licensee | ||
is attempting to secure a
brokerage agreement with the consumer | ||
to market the consumer's real estate for
sale or lease.
| ||
"Managing broker" means a broker who has supervisory | ||
responsibilities for
licensees in one or, in the case of a | ||
multi-office company, more than one
office and who has been | ||
appointed as such by the sponsoring broker.
| ||
"Medium of advertising" means any method of communication | ||
intended to
influence the general public to use or purchase a | ||
particular good or service or
real estate.
| ||
"Ministerial acts" means those acts that a licensee may | ||
perform for a
consumer that are informative or clerical in | ||
nature and do not rise to the
level of active representation on | ||
behalf of a consumer. Examples of these acts
include without | ||
limitation (i) responding to phone inquiries by consumers as to
| ||
the availability and pricing of brokerage services, (ii) | ||
responding to phone
inquiries from a consumer concerning the | ||
price or location of property, (iii)
attending an open house |
and responding to questions about the property from a
consumer, | ||
(iv) setting an appointment to view property, (v) responding to
| ||
questions of consumers walking into a licensee's office | ||
concerning brokerage
services offered or particular | ||
properties, (vi) accompanying an appraiser,
inspector, | ||
contractor, or similar third party on a visit to a property, | ||
(vii)
describing a property or the property's condition in | ||
response to a consumer's
inquiry, (viii) completing business or | ||
factual information for a consumer on an
offer or contract to | ||
purchase on behalf of a client, (ix) showing a client
through a | ||
property being sold by an owner on his or her own behalf, or | ||
(x)
referral to another broker or service provider.
| ||
"Office" means a broker's place of business where the | ||
general
public is invited to transact business and where | ||
records may be maintained and
licenses displayed, whether or | ||
not it is the broker's principal place of
business.
| ||
"Person" means and includes individuals, entities, | ||
corporations, limited
liability companies, registered limited | ||
liability partnerships, and
partnerships, foreign or domestic, | ||
except that when the context otherwise
requires, the term may | ||
refer to a single individual or other described entity.
| ||
"Personal assistant" means a licensed or unlicensed person | ||
who has been hired
for the purpose of aiding or assisting a | ||
sponsored licensee in the performance
of the sponsored | ||
licensee's job.
| ||
"Pocket card" means the card issued by the Department to |
signify that the person named
on the card is currently licensed | ||
under this Act.
| ||
"Pre-renewal period" means the period between the date of | ||
issue of a
currently valid license and the license's expiration | ||
date.
| ||
"Proctor" means any person, including, but not limited to, | ||
an instructor, who has a written agreement to administer | ||
examinations fairly and impartially with a licensed education | ||
provider. | ||
"Real estate" means and includes leaseholds as well as any | ||
other interest or
estate in land, whether corporeal, | ||
incorporeal, freehold, or non-freehold and whether the real | ||
estate is situated in this
State or elsewhere. "Real estate" | ||
does not include property sold, exchanged, or leased as a | ||
timeshare or similar vacation item or interest, vacation club | ||
membership, or other activity formerly regulated under the Real | ||
Estate Timeshare Act of 1999 (repealed).
| ||
"Regular employee" means a person working an average of 20 | ||
hours per week for a person or entity who would be considered | ||
as an employee under the Internal Revenue Service eleven main | ||
tests in three categories being behavioral control, financial | ||
control and the type of relationship of the parties, formerly | ||
the twenty factor test.
| ||
"Secretary" means the Secretary of the Department of | ||
Financial and Professional Regulation, or a person authorized | ||
by the Secretary to act in the Secretary's stead. |
"Sponsoring broker" means the broker who has issued a | ||
sponsor card to a
licensed managing broker, broker, or a | ||
leasing agent.
| ||
"Sponsor card" means the temporary permit issued by the | ||
sponsoring broker certifying that the managing broker, broker,
| ||
or leasing agent named thereon is employed by or associated by | ||
written
agreement with the sponsoring broker, as provided for | ||
in Section
5-40 of this Act.
| ||
(Source: P.A. 99-227, eff. 8-3-15; 100-188, eff. 1-1-18; | ||
100-534, eff. 9-22-17; revised 10-2-17.)
| ||
(225 ILCS 454/20-20)
| ||
(Section scheduled to be repealed on January 1, 2020)
| ||
Sec. 20-20. Grounds for discipline. | ||
(a) The Department may refuse to issue or renew a license, | ||
may place on probation, suspend,
or
revoke any
license, | ||
reprimand, or take any other disciplinary or non-disciplinary | ||
action as the Department may deem proper and impose a
fine not | ||
to exceed
$25,000 upon any licensee or applicant under this Act | ||
or any person who holds himself or herself out as an applicant | ||
or licensee or against a licensee in handling his or her own | ||
property, whether held by deed, option, or otherwise, for any | ||
one or any combination of the
following causes:
| ||
(1) Fraud or misrepresentation in applying for, or | ||
procuring, a license under this Act or in connection with | ||
applying for renewal of a license under this Act.
|
(2) The conviction of or plea of guilty or plea of nolo | ||
contendere to a felony or misdemeanor in this State or any | ||
other jurisdiction; or the entry of an administrative | ||
sanction by a government agency in this State or any other | ||
jurisdiction. Action taken under this paragraph (2) for a | ||
misdemeanor or an administrative sanction is limited to a | ||
misdemeanor or administrative sanction that has as an
| ||
essential element dishonesty or fraud or involves larceny, | ||
embezzlement,
or obtaining money, property, or credit by | ||
false pretenses or by means of a
confidence
game.
| ||
(3) Inability to practice the profession with | ||
reasonable judgment, skill, or safety as a result of a | ||
physical illness, including, but not limited to, | ||
deterioration through the aging process or loss of motor | ||
skill, or a mental illness or disability.
| ||
(4) Practice under this Act as a licensee in a retail | ||
sales establishment from an office, desk, or space that
is | ||
not
separated from the main retail business by a separate | ||
and distinct area within
the
establishment.
| ||
(5) Having been disciplined by another state, the | ||
District of Columbia, a territory, a foreign nation, or a | ||
governmental agency authorized to impose discipline if at | ||
least one of the grounds for that discipline is the same as | ||
or
the
equivalent of one of the grounds for which a | ||
licensee may be disciplined under this Act. A certified | ||
copy of the record of the action by the other state or |
jurisdiction shall be prima facie evidence thereof.
| ||
(6) Engaging in the practice of real estate brokerage
| ||
without a
license or after the licensee's license or | ||
temporary permit was expired or while the license was
| ||
inoperative.
| ||
(7) Cheating on or attempting to subvert the Real
| ||
Estate License Exam or continuing education exam. | ||
(8) Aiding or abetting an applicant
to
subvert or cheat | ||
on the Real Estate License Exam or continuing education | ||
exam
administered pursuant to this Act.
| ||
(9) Advertising that is inaccurate, misleading, or | ||
contrary to the provisions of the Act.
| ||
(10) Making any substantial misrepresentation or | ||
untruthful advertising.
| ||
(11) Making any false promises of a character likely to | ||
influence,
persuade,
or induce.
| ||
(12) Pursuing a continued and flagrant course of | ||
misrepresentation or the
making
of false promises through | ||
licensees, employees, agents, advertising, or
otherwise.
| ||
(13) Any misleading or untruthful advertising, or | ||
using any trade name or
insignia of membership in any real | ||
estate organization of which the licensee is
not a member.
| ||
(14) Acting for more than one party in a transaction | ||
without providing
written
notice to all parties for whom | ||
the licensee acts.
| ||
(15) Representing or attempting to represent a broker |
other than the
sponsoring broker.
| ||
(16) Failure to account for or to remit any moneys or | ||
documents coming into
his or her possession that belong to | ||
others.
| ||
(17) Failure to maintain and deposit in a special | ||
account, separate and
apart from
personal and other | ||
business accounts, all escrow moneys belonging to others
| ||
entrusted to a licensee
while acting as a broker, escrow | ||
agent, or temporary custodian of
the funds of others or
| ||
failure to maintain all escrow moneys on deposit in the | ||
account until the
transactions are
consummated or | ||
terminated, except to the extent that the moneys, or any | ||
part
thereof, shall be: | ||
(A)
disbursed prior to the consummation or | ||
termination (i) in accordance with
the
written | ||
direction of
the principals to the transaction or their | ||
duly authorized agents, (ii) in accordance with
| ||
directions providing for the
release, payment, or | ||
distribution of escrow moneys contained in any written
| ||
contract signed by the
principals to the transaction or | ||
their duly authorized agents,
or (iii)
pursuant to an | ||
order of a court of competent
jurisdiction; or | ||
(B) deemed abandoned and transferred to the Office | ||
of the State Treasurer to be handled as unclaimed | ||
property pursuant to the Revised Uniform Unclaimed | ||
Property Act. Escrow moneys may be deemed abandoned |
under this subparagraph (B) only: (i) in the absence of | ||
disbursement under subparagraph (A); (ii) in the | ||
absence of notice of the filing of any claim in a court | ||
of competent jurisdiction; and (iii) if 6 months have | ||
elapsed after the receipt of a written demand for the | ||
escrow moneys from one of the principals to the | ||
transaction or the principal's duly authorized agent.
| ||
The account
shall be noninterest
bearing, unless the | ||
character of the deposit is such that payment of interest
| ||
thereon is otherwise
required by law or unless the | ||
principals to the transaction specifically
require, in | ||
writing, that the
deposit be placed in an interest bearing | ||
account.
| ||
(18) Failure to make available to the Department all | ||
escrow records and related documents
maintained in | ||
connection
with the practice of real estate within 24 hours | ||
of a request for those
documents by Department personnel.
| ||
(19) Failing to furnish copies upon request of | ||
documents relating to a
real
estate transaction to a party | ||
who has executed that document.
| ||
(20) Failure of a sponsoring broker to timely provide | ||
information, sponsor
cards,
or termination of licenses to | ||
the Department.
| ||
(21) Engaging in dishonorable, unethical, or | ||
unprofessional conduct of a
character
likely to deceive, | ||
defraud, or harm the public.
|
(22) Commingling the money or property of others with | ||
his or her own money or property.
| ||
(23) Employing any person on a purely temporary or | ||
single deal basis as a
means
of evading the law regarding | ||
payment of commission to nonlicensees on some
contemplated
| ||
transactions.
| ||
(24) Permitting the use of his or her license as a | ||
broker to enable a
leasing agent or
unlicensed person to | ||
operate a real estate business without actual
| ||
participation therein and control
thereof by the broker.
| ||
(25) Any other conduct, whether of the same or a | ||
different character from
that
specified in this Section, | ||
that constitutes dishonest dealing.
| ||
(26) Displaying a "for rent" or "for sale" sign on any | ||
property without
the written
consent of an owner or his or | ||
her duly authorized agent or advertising by any
means that | ||
any property is
for sale or for rent without the written | ||
consent of the owner or his or her
authorized agent.
| ||
(27) Failing to provide information requested by the | ||
Department, or otherwise respond to that request, within 30 | ||
days of
the
request.
| ||
(28) Advertising by means of a blind advertisement, | ||
except as otherwise
permitted in Section 10-30 of this Act.
| ||
(29) Offering guaranteed sales plans, as defined in | ||
clause (A) of
this subdivision (29), except to
the extent | ||
hereinafter set forth:
|
(A) A "guaranteed sales plan" is any real estate | ||
purchase or sales plan
whereby a licensee enters into a | ||
conditional or unconditional written contract
with a | ||
seller, prior to entering into a brokerage agreement | ||
with the seller, by the
terms of which a licensee | ||
agrees to purchase a property of the seller within a
| ||
specified period of time
at a specific price in the | ||
event the property is not sold in accordance with
the | ||
terms of a brokerage agreement to be entered into | ||
between the sponsoring broker and the seller.
| ||
(B) A licensee offering a guaranteed sales plan | ||
shall provide the
details
and conditions of the plan in | ||
writing to the party to whom the plan is
offered.
| ||
(C) A licensee offering a guaranteed sales plan | ||
shall provide to the
party
to whom the plan is offered | ||
evidence of sufficient financial resources to
satisfy | ||
the commitment to
purchase undertaken by the broker in | ||
the plan.
| ||
(D) Any licensee offering a guaranteed sales plan | ||
shall undertake to
market the property of the seller | ||
subject to the plan in the same manner in
which the | ||
broker would
market any other property, unless the | ||
agreement with the seller provides
otherwise.
| ||
(E) The licensee cannot purchase seller's property | ||
until the brokerage agreement has ended according to | ||
its terms or is otherwise terminated. |
(F) Any licensee who fails to perform on a | ||
guaranteed sales plan in
strict accordance with its | ||
terms shall be subject to all the penalties provided
in | ||
this Act for
violations thereof and, in addition, shall | ||
be subject to a civil fine payable
to the party injured | ||
by the
default in an amount of up to $25,000.
| ||
(30) Influencing or attempting to influence, by any | ||
words or acts, a
prospective
seller, purchaser, occupant, | ||
landlord, or tenant of real estate, in connection
with | ||
viewing, buying, or
leasing real estate, so as to promote | ||
or tend to promote the continuance
or maintenance of
| ||
racially and religiously segregated housing or so as to | ||
retard, obstruct, or
discourage racially
integrated | ||
housing on or in any street, block, neighborhood, or | ||
community.
| ||
(31) Engaging in any act that constitutes a violation | ||
of any provision of
Article 3 of the Illinois Human Rights | ||
Act, whether or not a complaint has
been filed with or
| ||
adjudicated by the Human Rights Commission.
| ||
(32) Inducing any party to a contract of sale or lease | ||
or brokerage
agreement to
break the contract of sale or | ||
lease or brokerage agreement for the purpose of
| ||
substituting, in lieu
thereof, a new contract for sale or | ||
lease or brokerage agreement with a third
party.
| ||
(33) Negotiating a sale, exchange, or lease of real | ||
estate directly with
any person
if the licensee knows that |
the person has an exclusive brokerage
agreement with | ||
another
broker, unless specifically authorized by that | ||
broker.
| ||
(34) When a licensee is also an attorney, acting as the | ||
attorney for
either the
buyer or the seller in the same | ||
transaction in which the licensee is acting or
has acted as | ||
a managing broker
or broker.
| ||
(35) Advertising or offering merchandise or services | ||
as free if any
conditions or
obligations necessary for | ||
receiving the merchandise or services are not
disclosed in | ||
the same
advertisement or offer. These conditions or | ||
obligations include without
limitation the
requirement | ||
that the recipient attend a promotional activity or visit a | ||
real
estate site. As used in this
subdivision (35), "free" | ||
includes terms such as "award", "prize", "no charge",
"free | ||
of charge",
"without charge", and similar words or phrases | ||
that reasonably lead a person to
believe that he or she
may | ||
receive or has been selected to receive something of value, | ||
without any
conditions or
obligations on the part of the | ||
recipient.
| ||
(36) (Blank).
| ||
(37) Violating the terms of a disciplinary order
issued | ||
by the Department.
| ||
(38) Paying or failing to disclose compensation in | ||
violation of Article 10 of this Act.
| ||
(39) Requiring a party to a transaction who is not a |
client of the
licensee
to allow the licensee to retain a | ||
portion of the escrow moneys for payment of
the licensee's | ||
commission or expenses as a condition for release of the | ||
escrow
moneys to that party.
| ||
(40) Disregarding or violating any provision of this | ||
Act or the published
rules
promulgated by the Department to | ||
enforce this Act or aiding or abetting any individual,
| ||
partnership, registered limited liability partnership, | ||
limited liability
company, or corporation in
disregarding | ||
any provision of this Act or the published rules | ||
promulgated by the Department
to enforce this Act.
| ||
(41) Failing to provide the minimum services required | ||
by Section 15-75 of this Act when acting under an exclusive | ||
brokerage agreement.
| ||
(42) Habitual or excessive use or addiction to alcohol, | ||
narcotics, stimulants, or any other chemical agent or drug | ||
that results in a managing broker, broker, or leasing | ||
agent's inability to practice with reasonable skill or | ||
safety. | ||
(43) Enabling, aiding, or abetting an auctioneer, as | ||
defined in the Auction License Act, to conduct a real | ||
estate auction in a manner that is in violation of this | ||
Act. | ||
(44) Permitting any leasing agent or temporary leasing | ||
agent permit holder to engage in activities that require a | ||
broker's or managing broker's license. |
(b) The Department may refuse to issue or renew or may | ||
suspend the license of any person who fails to file a return, | ||
pay the tax, penalty or interest shown in a filed return, or | ||
pay any final assessment of tax, penalty, or interest, as | ||
required by any tax Act administered by the Department of | ||
Revenue, until such time as the requirements of that tax Act | ||
are satisfied in accordance with subsection (g) of Section | ||
2105-15 of the Civil Administrative Code of Illinois. | ||
(c) The Department shall deny a license or renewal | ||
authorized by this Act to a person who has defaulted on an | ||
educational loan or scholarship provided or guaranteed by the | ||
Illinois Student Assistance Commission or any governmental | ||
agency of this State in accordance with item (5) of subsection | ||
(a) of Section 2105-15 of the Civil Administrative Code of | ||
Illinois. | ||
(d) In cases where the Department of Healthcare and Family | ||
Services (formerly Department of Public Aid) has previously | ||
determined that a licensee or a potential licensee is more than | ||
30 days delinquent in the payment of child support and has | ||
subsequently certified the delinquency to the Department may | ||
refuse to issue or renew or may revoke or suspend that person's | ||
license or may take other disciplinary action against that | ||
person based solely upon the certification of delinquency made | ||
by the Department of Healthcare and Family Services in | ||
accordance with item (5) of subsection (a) of Section 2105-15 | ||
of the Civil Administrative Code of Illinois. |
(e) In enforcing this Section, the Department or Board upon | ||
a showing of a possible violation may compel an individual | ||
licensed to practice under this Act, or who has applied for | ||
licensure under this Act, to submit to a mental or physical | ||
examination, or both, as required by and at the expense of the | ||
Department. The Department or Board may order the examining | ||
physician to present testimony concerning the mental or | ||
physical examination of the licensee or applicant. No | ||
information shall be excluded by reason of any common law or | ||
statutory privilege relating to communications between the | ||
licensee or applicant and the examining physician. The | ||
examining physicians shall be specifically designated by the | ||
Board or Department. The individual to be examined may have, at | ||
his or her own expense, another physician of his or her choice | ||
present during all aspects of this examination. Failure of an | ||
individual to submit to a mental or physical examination, when | ||
directed, shall be grounds for suspension of his or her license | ||
until the individual submits to the examination if the | ||
Department finds, after notice and hearing, that the refusal to | ||
submit to the examination was without reasonable cause. | ||
If the Department or Board finds an individual unable to | ||
practice because of the reasons set forth in this Section, the | ||
Department or Board may require that individual to submit to | ||
care, counseling, or treatment by physicians approved or | ||
designated by the Department or Board, as a condition, term, or | ||
restriction for continued, reinstated, or renewed licensure to |
practice; or, in lieu of care, counseling, or treatment, the | ||
Department may file, or the Board may recommend to the | ||
Department to file, a complaint to immediately suspend, revoke, | ||
or otherwise discipline the license of the individual. An | ||
individual whose license was granted, continued, reinstated, | ||
renewed, disciplined or supervised subject to such terms, | ||
conditions, or restrictions, and who fails to comply with such | ||
terms, conditions, or restrictions, shall be referred to the | ||
Secretary for a determination as to whether the individual | ||
shall have his or her license suspended immediately, pending a | ||
hearing by the Department. | ||
In instances in which the Secretary immediately suspends a | ||
person's license under this Section, a hearing on that person's | ||
license must be convened by the Department within 30 days after | ||
the suspension and completed without appreciable delay. The | ||
Department and Board shall have the authority to review the | ||
subject individual's record of treatment and counseling | ||
regarding the impairment to the extent permitted by applicable | ||
federal statutes and regulations safeguarding the | ||
confidentiality of medical records. | ||
An individual licensed under this Act and affected under | ||
this Section shall be afforded an opportunity to demonstrate to | ||
the Department or Board that he or she can resume practice in | ||
compliance with acceptable and prevailing standards under the | ||
provisions of his or her license. | ||
(Source: P.A. 99-227, eff. 8-3-15; 100-22, eff. 1-1-18; |
100-188, eff. 1-1-18; 100-534, eff. 9-22-17; revised 10-2-17.)
| ||
Section 425. The Illinois Dead Animal Disposal Act is | ||
amended by changing Section 12 as follows:
| ||
(225 ILCS 610/12) (from Ch. 8, par. 160)
| ||
Sec. 12.
The Department shall make such reasonable | ||
regulations for the
carrying on and conduct of such business as | ||
it may deem advisable and all
persons engaged in such business | ||
shall comply therewith.
The Department, or its | ||
representatives, in performing the duties vested
in it under | ||
this Act is empowered to enter, during usual working hours, any
| ||
premises, buildings, or other places where dead animals or used | ||
cooking grease and cooking oil may be found, for
the purpose of | ||
administering the provisions of this Act.
| ||
Licensees shall comply with rules, bulletins, manuals of | ||
procedure and
guidelines pertaining to renderers and blenders | ||
and the handling and
distribution of condemned or inedible meat | ||
or poultry products which
implement the Federal federal Meat | ||
Inspection Act and the federal Poultry
Products Inspection Act. | ||
Such rules, bulletins, manuals and guidelines shall become
| ||
effective on the date designated by the United States | ||
Department of
Agriculture.
| ||
(Source: P.A. 98-785, eff. 1-1-15; revised 10-4-17.)
| ||
Section 430. The Meat and Poultry Inspection Act is amended |
by changing Section 5.1 as follows:
| ||
(225 ILCS 650/5.1)
| ||
Sec. 5.1. Type I licenses.
| ||
(a) A Type I establishment licensed under this
Act who
| ||
sells or offers for sale meat, meat product, poultry, and | ||
poultry product
shall , except as otherwise provided:
| ||
(1) shall be Be permitted to receive meat, meat | ||
product, poultry, and poultry
product
for cutting, | ||
processing, preparing, packing, wrapping, chilling, | ||
freezing,
sharp freezing, or storing, provided it bears an | ||
official mark of State of
Illinois or of Federal | ||
Inspection ; .
| ||
(2) shall be Be permitted to receive live animals and | ||
poultry for slaughter,
provided
all animals and poultry are | ||
properly presented for prescribed inspection
to a | ||
Department employee ; and .
| ||
(3) may May accept meat, meat product, poultry, and | ||
poultry product for sharp
freezing or storage provided that | ||
the product is inspected product.
| ||
(b) Before being granted or renewing official inspection, | ||
an establishment
must
develop written sanitation Standard | ||
Operating Procedures as required by
8 Ill. Adm. Code 125.141.
| ||
(c) Before being granted official inspection, an | ||
establishment must
conduct a hazard analysis and develop and | ||
validate an HACCP plan as
required by 8 Ill. Adm. Code 125.142. |
A conditional grant of inspection shall
be issued for a period | ||
not to exceed 90 days, during which period the
establishment | ||
must validate its HACCP plan.
| ||
Any establishment subject to inspection under this Act that | ||
believes, or has reason to believe, that an adulterated or | ||
misbranded meat or meat food product received by or originating | ||
from the establishment has entered into commerce shall promptly | ||
notify the Director with regard to the type, amount, origin, | ||
and destination of the meat or meat food product. | ||
The Director shall require that each Type I establishment | ||
subject to inspection under this Act shall, at a minimum: | ||
(1) prepare and maintain current procedures for the | ||
recall of all meat, poultry, meat food products, and | ||
poultry food products with a mark of inspection produced | ||
and shipped by the establishment; | ||
(2) document each reassessment of the process control | ||
plans of the establishment; and | ||
(3) upon request, make the procedures and reassessed | ||
process control plans available to inspectors appointed by | ||
the Director for review and copying. | ||
(d) Any establishment licensed under the authority of this | ||
Act
that receives
wild game carcasses shall comply with the | ||
following requirements regarding
wild game carcasses:
| ||
(1) Wild game carcasses shall be dressed prior to | ||
entering the processing
or refrigerated areas of the | ||
licensed establishment.
|
(2) Wild game carcasses stored in the refrigerated area | ||
of the licensed
establishment shall be kept separate and | ||
apart from inspected products.
| ||
(3) A written request shall be made to the Department | ||
on an annual basis
if
a licensed establishment is | ||
suspending operations regarding an amenable product
due to | ||
handling of
wild game carcasses.
| ||
(4) A written procedure for handling wild game shall be | ||
approved by the
Department.
| ||
(5) All equipment used that comes in contact with wild | ||
game shall be
thoroughly
cleaned and sanitized prior to use | ||
on animal or poultry carcasses.
| ||
(Source: P.A. 98-611, eff. 12-27-13; revised 10-4-17.)
| ||
Section 435. The Illinois Horse Racing Act of 1975 is | ||
amended by changing Section 28 as follows:
| ||
(230 ILCS 5/28) (from Ch. 8, par. 37-28)
| ||
Sec. 28. Except as provided in subsection (g) of Section 27 | ||
of this Act,
moneys collected shall be distributed according to | ||
the provisions of this
Section 28.
| ||
(a) Thirty
per cent of the total of all monies received
by | ||
the State as privilege taxes shall be paid into the | ||
Metropolitan Exposition,
Auditorium and Office Building Fund | ||
in the State Treasury.
| ||
(b) In addition, 4.5% of the total of all monies received
|
by the State as privilege taxes shall be paid into the State | ||
treasury
into a special Fund to be known as the Metropolitan | ||
Exposition,
Auditorium and Office Building Fund.
| ||
(c) Fifty per cent of the total of all monies received by | ||
the State
as privilege taxes under the provisions of this Act | ||
shall be paid into
the Agricultural Premium Fund.
| ||
(d) Seven per cent of the total of all monies received by | ||
the State
as privilege taxes shall be paid into the Fair and | ||
Exposition Fund in
the State treasury; provided, however, that | ||
when all bonds issued prior to
July 1, 1984 by the Metropolitan | ||
Fair and Exposition Authority shall have
been paid or payment | ||
shall have been provided for upon a refunding of those
bonds, | ||
thereafter 1/12 of $1,665,662 of such monies shall be paid each
| ||
month into the Build Illinois Fund, and the remainder into the | ||
Fair and
Exposition Fund. All excess monies shall be allocated | ||
to the Department of
Agriculture for distribution to county | ||
fairs for premiums and
rehabilitation as set forth in the | ||
Agricultural Fair Act.
| ||
(e) The monies provided for in Section 30 shall be paid | ||
into the
Illinois Thoroughbred Breeders Fund.
| ||
(f) The monies provided for in Section 31 shall be paid | ||
into the
Illinois Standardbred Breeders Fund.
| ||
(g) Until January 1, 2000, that part representing
1/2 of | ||
the total breakage in Thoroughbred,
Harness, Appaloosa, | ||
Arabian, and Quarter Horse racing in the State shall
be paid | ||
into the Illinois Race Track Improvement Fund as established
in |
Section 32.
| ||
(h) All other monies received by the Board under this Act | ||
shall be
paid into the Horse Racing Fund.
| ||
(i) The salaries of the Board members, secretary, stewards,
| ||
directors of mutuels, veterinarians, representatives, | ||
accountants,
clerks, stenographers, inspectors and other | ||
employees of the Board, and
all expenses of the Board incident | ||
to the administration of this Act,
including, but not limited | ||
to, all expenses and salaries incident to the
taking of saliva | ||
and urine samples in accordance with the rules and
regulations | ||
of the Board shall be paid out of the Agricultural Premium
| ||
Fund.
| ||
(j) The Agricultural Premium Fund shall also be used:
| ||
(1) for the expenses of operating the Illinois State | ||
Fair and the
DuQuoin State Fair, including the
payment of | ||
prize money or premiums;
| ||
(2) for the distribution to county fairs, vocational | ||
agriculture
section fairs, agricultural societies, and | ||
agricultural extension clubs
in accordance with the | ||
Agricultural Fair Act, as
amended;
| ||
(3) for payment of prize monies and premiums awarded | ||
and for
expenses incurred in connection with the | ||
International Livestock
Exposition and the Mid-Continent | ||
Livestock Exposition held in Illinois,
which premiums, and | ||
awards must be approved, and paid by the Illinois
| ||
Department of Agriculture;
|
(4) for personal service of county agricultural | ||
advisors and county
home advisors;
| ||
(5) for distribution to agricultural home economic | ||
extension
councils in accordance with "An Act in relation | ||
to additional support
and finance for the Agricultural and | ||
Home Economic Extension Councils in
the several counties in | ||
this State and making an appropriation
therefor", approved | ||
July 24, 1967, as amended;
| ||
(6) for research on equine disease, including a | ||
development center
therefor;
| ||
(7) for training scholarships for study on equine | ||
diseases to
students at the University of Illinois College | ||
of Veterinary Medicine;
| ||
(8) for the rehabilitation, repair and maintenance of
| ||
the Illinois and DuQuoin State Fair Grounds and
the | ||
structures and facilities thereon and the construction of | ||
permanent
improvements on such Fair Grounds, including | ||
such structures, facilities and
property located on such
| ||
State Fair Grounds which are under the custody and control | ||
of the
Department of Agriculture;
| ||
(9) (blank);
| ||
(10) for the expenses of the Department of Commerce and | ||
Economic Opportunity under Sections
605-620, 605-625, and
| ||
605-630 of the Department of Commerce and Economic | ||
Opportunity Law (20 ILCS
605/605-620, 605/605-625, and | ||
605/605-630);
|
(11) for remodeling, expanding, and reconstructing | ||
facilities
destroyed by fire of any Fair and Exposition | ||
Authority in counties with
a population of 1,000,000 or | ||
more inhabitants;
| ||
(12) for the purpose of assisting in the care and | ||
general
rehabilitation of veterans with disabilities of | ||
any war and their surviving
spouses and orphans;
| ||
(13) for expenses of the Department of State Police for | ||
duties
performed under this Act;
| ||
(14) for the Department of Agriculture for soil surveys | ||
and soil and water
conservation purposes;
| ||
(15) for the Department of Agriculture for grants to | ||
the City of Chicago
for conducting the Chicagofest;
| ||
(16) for the State Comptroller for grants and operating | ||
expenses authorized by the Illinois Global Partnership | ||
Act.
| ||
(k) To the extent that monies paid by the Board to the | ||
Agricultural
Premium Fund are in the opinion of the Governor in | ||
excess of the amount
necessary for the purposes herein stated, | ||
the Governor shall notify the
Comptroller and the State | ||
Treasurer of such fact, who, upon receipt of
such notification, | ||
shall transfer such excess monies from the
Agricultural Premium | ||
Fund to the General Revenue Fund.
| ||
(Source: P.A. 99-143, eff. 7-27-15; 99-933, eff. 1-27-17; | ||
100-110, eff. 8-15-17; revised 9-28-17.)
|
Section 440. The Liquor Control Act of 1934 is amended by | ||
changing Sections 4-4 and 6-11 as follows:
| ||
(235 ILCS 5/4-4) (from Ch. 43, par. 112)
| ||
Sec. 4-4. Each local liquor control commissioner shall also | ||
have the
following powers, functions , and duties with respect | ||
to licenses, other than
licenses to manufacturers, importing | ||
distributors, distributors, foreign
importers, non-resident | ||
dealers, non-beverage users, brokers, railroads,
airplanes , | ||
and boats : .
| ||
1. To grant and or suspend for not more than 30 thirty | ||
days or revoke for
cause all local licenses issued to | ||
persons for premises within his
jurisdiction;
| ||
2. To enter or to authorize any law enforcing officer | ||
to enter at any
time upon any premises licensed hereunder | ||
to determine whether any of the
provisions of this Act or | ||
any rules or regulations adopted by him or by the
State | ||
Commission have been or are being violated, and at such | ||
time to
examine said premises of said licensee in | ||
connection therewith;
| ||
3. To notify the Secretary of State where a club | ||
incorporated under the
General Not for Profit Corporation | ||
Act of 1986 or a foreign corporation
functioning
as a club | ||
in this State under a certificate of authority issued under | ||
that
Act has violated this Act by selling or offering for | ||
sale at retail alcoholic
liquors without a retailer's |
license;
| ||
4. To receive a complaint from any citizen within his | ||
jurisdiction that
any of the provisions of this Act, or any | ||
rules or regulations adopted
pursuant hereto, have been or | ||
are being violated and to act upon the complaint such
| ||
complaints in the manner hereinafter provided;
| ||
5. To receive local license fees and pay the same | ||
forthwith to the city,
village, town , or county treasurer , | ||
as the case may be.
| ||
Each local liquor commissioner also has the duty to notify
| ||
the Secretary of State of any convictions or dispositions of | ||
court supervision for a violation of Section 6-20 of
this Act | ||
or a similar provision of a local ordinance.
| ||
In counties and municipalities, the local liquor control
| ||
commissioners shall also have the power to levy fines in | ||
accordance with
Section 7-5 of this Act.
| ||
(Source: P.A. 95-166, eff. 1-1-08; revised 9-26-17.)
| ||
(235 ILCS 5/6-11)
| ||
Sec. 6-11. Sale near churches, schools, and hospitals.
| ||
(a) No license shall be issued for the sale at retail of | ||
any
alcoholic liquor within 100 feet of any church, school | ||
other than an
institution of higher learning, hospital, home | ||
for aged or indigent
persons or for veterans, their spouses or | ||
children or any military or
naval station, provided, that this | ||
prohibition shall not apply to hotels
offering restaurant |
service, regularly organized clubs, or to
restaurants, food | ||
shops or other places where sale of alcoholic liquors
is not | ||
the principal business carried on if the place of business so
| ||
exempted is not located in a municipality of more than 500,000 | ||
persons,
unless required by local ordinance; nor to the renewal | ||
of a license for the
sale at retail of alcoholic liquor on | ||
premises within 100 feet of any church
or school where the | ||
church or school has been established within such
100 feet | ||
since the issuance of the original license. In the case of a
| ||
church, the distance of 100 feet shall be measured to the | ||
nearest part
of any building used for worship services or | ||
educational programs and
not to property boundaries.
| ||
(b) Nothing in this Section shall prohibit the issuance of | ||
a retail
license
authorizing the sale of alcoholic liquor to a | ||
restaurant, the primary business
of which is the sale of goods | ||
baked on the premises if (i) the restaurant is
newly | ||
constructed and located on a lot of not less than 10,000 square | ||
feet,
(ii) the restaurant costs at least $1,000,000 to | ||
construct, (iii) the licensee
is the titleholder to the | ||
premises and resides on the premises, and (iv) the
construction | ||
of the restaurant is completed within 18 months of July 10, | ||
1998 (the effective
date of Public Act 90-617).
| ||
(c) Nothing in this Section shall prohibit the issuance of | ||
a retail
license
authorizing the sale of alcoholic liquor | ||
incidental to a restaurant if (1) the
primary
business of the | ||
restaurant consists of the sale of food where the sale of
|
liquor is incidental to the sale of food and the applicant is a | ||
completely new
owner of the restaurant, (2) the immediately
| ||
prior owner or operator of the premises where the restaurant is | ||
located
operated the premises as a restaurant and held a valid | ||
retail license
authorizing the
sale of alcoholic liquor at the | ||
restaurant for at least part of the 24 months
before the
change | ||
of ownership, and (3) the restaurant is located 75 or more feet | ||
from a
school.
| ||
(d) In the interest of further developing Illinois' economy | ||
in the area
of
commerce, tourism, convention, and banquet | ||
business, nothing in this
Section shall
prohibit issuance of a | ||
retail license authorizing the sale of alcoholic
beverages to a | ||
restaurant, banquet facility, grocery store, or hotel having
| ||
not fewer than
150 guest room accommodations located in a | ||
municipality of more than 500,000
persons, notwithstanding the | ||
proximity of such hotel, restaurant,
banquet facility, or | ||
grocery store to any church or school, if the licensed
premises
| ||
described on the license are located within an enclosed mall or | ||
building of a
height of at least 6 stories, or 60 feet in the | ||
case of a building that has
been registered as a national | ||
landmark, or in a grocery store having a
minimum of 56,010 | ||
square feet of floor space in a single story building in an
| ||
open mall of at least 3.96 acres that is adjacent to a public | ||
school that
opened as a boys technical high school in 1934, or | ||
in a grocery store having a minimum of 31,000 square feet of | ||
floor space in a single story building located a distance of |
more than 90 feet but less than 100 feet from a high school | ||
that opened in 1928 as a junior high school and became a senior | ||
high school in 1933, and in each of these
cases if the sale of
| ||
alcoholic liquors is not the principal business carried on by | ||
the licensee.
| ||
For purposes of this Section, a "banquet facility" is any | ||
part of a
building that caters to private parties and where the | ||
sale of alcoholic liquors
is not the principal business.
| ||
(e) Nothing in this Section shall prohibit the issuance of | ||
a license to
a
church or private school to sell at retail | ||
alcoholic liquor if any such
sales are limited to periods when | ||
groups are assembled on the premises
solely for the promotion | ||
of some common object other than the sale or
consumption of | ||
alcoholic liquors.
| ||
(f) Nothing in this Section shall prohibit a church or | ||
church affiliated
school
located in a home rule municipality or | ||
in a municipality with 75,000 or more
inhabitants from locating
| ||
within 100 feet of a property for which there is a preexisting | ||
license to sell
alcoholic liquor at retail. In these instances, | ||
the local zoning authority
may, by ordinance adopted | ||
simultaneously with the granting of an initial
special use | ||
zoning permit for the church or church affiliated school, | ||
provide
that the 100-foot restriction in this Section shall not | ||
apply to that church or
church affiliated school and future | ||
retail liquor licenses.
| ||
(g) Nothing in this Section shall prohibit the issuance of |
a retail
license authorizing the sale of alcoholic liquor at | ||
premises within 100 feet,
but not less than 90 feet, of a | ||
public school if (1) the premises have been
continuously | ||
licensed to sell alcoholic liquor
for a period of at least 50 | ||
years,
(2) the premises are located in a municipality having a | ||
population of over
500,000 inhabitants, (3) the licensee is an | ||
individual who is a member of a
family that has held the | ||
previous 3 licenses for that location for more than 25
years, | ||
(4) the
principal of the school and the alderman of the ward in | ||
which the school is
located have delivered a written statement | ||
to the local liquor control
commissioner stating that they do | ||
not object to the issuance of a license
under this subsection | ||
(g), and (5) the local liquor control commissioner has
received | ||
the written consent of a majority of the registered voters who | ||
live
within 200 feet of the premises.
| ||
(h) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor within premises and at an outdoor patio area attached to | ||
premises that are located in a municipality with a population | ||
in excess of 300,000 inhabitants and that are within 100 feet | ||
of a church if:
| ||
(1) the sale of alcoholic liquor at the premises is | ||
incidental to the sale of food,
| ||
(2) the sale of liquor is not the principal business | ||
carried on by the licensee at the premises, |
(3) the premises are less than 1,000 square feet, | ||
(4) the premises are owned by the University of | ||
Illinois, | ||
(5) the premises are immediately adjacent to property | ||
owned by a church and are not less than 20 nor more than 40 | ||
feet from the church space used for worship services, and | ||
(6) the principal religious leader at the place of | ||
worship has indicated his or her support for the issuance | ||
of the license in writing.
| ||
(i) Notwithstanding any provision in this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license to sell alcoholic liquor at a premises | ||
that is located within a municipality with a population in | ||
excess of 300,000 inhabitants and is within 100 feet of a | ||
church, synagogue, or other place of worship if: | ||
(1) the primary entrance of the premises and the | ||
primary entrance of the church, synagogue, or other place | ||
of worship are at least 100 feet apart, on parallel | ||
streets, and separated by an alley; and | ||
(2) the principal religious leader at the place of | ||
worship has not indicated his or her opposition to the | ||
issuance or renewal of the license in writing. | ||
(j) Notwithstanding any provision in this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
of a retail
license authorizing the sale of alcoholic liquor at | ||
a theater that is within 100 feet of a church if (1) the church |
owns the theater, (2) the church leases the theater to one or | ||
more entities, and
(3) the theater is used by at least 5 | ||
different not-for-profit theater groups. | ||
(k) Notwithstanding any provision in this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality with | ||
a population in excess of 1,000,000 inhabitants and is within | ||
100 feet of a school if:
| ||
(1) the primary entrance of the premises and the | ||
primary entrance of the school are parallel, on different | ||
streets, and separated by an alley; | ||
(2) the southeast corner of the premises are at least | ||
350 feet from the southwest corner of the school; | ||
(3) the school was built in 1978; | ||
(4) the sale of alcoholic liquor at the premises is | ||
incidental to the sale of food; | ||
(5) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(6) the applicant is the owner of the restaurant and | ||
has held a valid license authorizing the sale of alcoholic | ||
liquor for the business to be conducted on the premises at | ||
a different location for more than 7 years; and | ||
(7) the premises is at least 2,300 square feet and sits | ||
on a lot that is between 6,100 and 6,150 square feet. | ||
(l) Notwithstanding any provision in this Section to the |
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality with | ||
a population in excess of 1,000,000 inhabitants and is within | ||
100 feet of a church or school if: | ||
(1) the primary entrance of the premises and the | ||
closest entrance of the church or school is at least 90 | ||
feet apart and no greater than 95 feet apart; | ||
(2) the shortest distance between the premises and the | ||
church or school is at least 80 feet apart and no greater | ||
than 85 feet apart; | ||
(3) the applicant is the owner of the restaurant and on | ||
November 15, 2006 held a valid license authorizing the sale | ||
of alcoholic liquor for the business to be conducted on the | ||
premises for at least 14 different locations; | ||
(4) the sale of alcoholic liquor at the premises is | ||
incidental to the sale of food; | ||
(5) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(6) the premises is at least 3,200 square feet and sits | ||
on a lot that is between 7,150 and 7,200 square feet; and | ||
(7) the principal religious leader at the place of | ||
worship has not indicated his or her opposition to the | ||
issuance or renewal of the license in writing.
| ||
(m) Notwithstanding any provision in this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance |
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality with | ||
a population in excess of 1,000,000 inhabitants and is within | ||
100 feet of a church if: | ||
(1) the premises and the church are perpendicular, and | ||
the primary entrance of the premises faces South while the | ||
primary entrance of the church faces West and the distance | ||
between the two entrances is more than 100 feet; | ||
(2) the shortest distance between the premises lot line | ||
and the exterior wall of the church is at least 80 feet; | ||
(3) the church was established at the current location | ||
in 1916 and the present structure was erected in 1925; | ||
(4) the premises is a single story, single use building | ||
with at least 1,750 square feet and no more than 2,000 | ||
square feet; | ||
(5) the sale of alcoholic liquor at the premises is | ||
incidental to the sale of food; | ||
(6) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; and | ||
(7) the principal religious leader at the place of | ||
worship has not indicated his or her opposition to the | ||
issuance or renewal of the license in writing. | ||
(n) Notwithstanding any provision in this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality with |
a population in excess of 1,000,000 inhabitants and is within | ||
100 feet of a school if: | ||
(1) the school is a City of Chicago School District 299 | ||
school; | ||
(2) the school is located within subarea E of City of | ||
Chicago Residential Business Planned Development Number | ||
70; | ||
(3) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee on the premises; | ||
(4) the sale of alcoholic liquor at the premises is | ||
incidental to the sale of food; and | ||
(5) the administration of City of Chicago School | ||
District 299 has expressed, in writing, its support for the | ||
issuance of the license. | ||
(o) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a retail license authorizing the sale of | ||
alcoholic liquor at a premises that is located within a | ||
municipality in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church if: | ||
(1) the sale of alcoholic liquor at the premises is | ||
incidental to the sale of food; | ||
(2) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(3) the premises is located on a street that runs | ||
perpendicular to the street on which the church is located; |
(4) the primary entrance of the premises is at least | ||
100 feet from the primary entrance of the church; | ||
(5) the shortest distance between any part of the | ||
premises and any part of the church is at least 60 feet; | ||
(6) the premises is between 3,600 and 4,000 square feet | ||
and sits on a lot that is between 3,600 and 4,000 square | ||
feet; and | ||
(7) the premises was built in the year 1909. | ||
For purposes of this subsection (o), "premises" means a | ||
place of business together with a privately owned outdoor | ||
location that is adjacent to the place of business. | ||
(p) Notwithstanding any provision in this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality with | ||
a population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church if: | ||
(1) the shortest distance between the backdoor of the | ||
premises, which is used as an emergency exit, and the | ||
church is at least 80 feet; | ||
(2) the church was established at the current location | ||
in 1889; and | ||
(3) liquor has been sold on the premises since at least | ||
1985. | ||
(q) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance |
or renewal of a license authorizing the sale of alcoholic | ||
liquor within a premises that is located in a municipality with | ||
a population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church-owned property if: | ||
(1) the premises is located within a larger building | ||
operated as a grocery store; | ||
(2) the area of the premises does not exceed 720 square | ||
feet and the area of the larger building exceeds 18,000 | ||
square feet; | ||
(3) the larger building containing the premises is | ||
within 100 feet of the nearest property line of a | ||
church-owned property on which a church-affiliated school | ||
is located; | ||
(4) the sale of liquor is not the principal business | ||
carried on within the larger building; | ||
(5) the primary entrance of the larger building and the | ||
premises and the primary entrance of the church-affiliated | ||
school are on different, parallel streets, and the distance | ||
between the 2 primary entrances is more than 100 feet; | ||
(6) the larger building is separated from the | ||
church-owned property and church-affiliated school by an | ||
alley; | ||
(7) the larger building containing the premises and the | ||
church building front are on perpendicular streets and are | ||
separated by a street; and | ||
(8) (Blank). |
(r) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance, | ||
renewal, or maintenance of a license authorizing the sale of | ||
alcoholic liquor incidental to the sale of food within a | ||
restaurant established in a premises that is located in a | ||
municipality with a population in excess of 1,000,000 | ||
inhabitants and within 100 feet of a church if: | ||
(1) the primary entrance of the church and the primary | ||
entrance of the restaurant are at least 100 feet apart; | ||
(2) the restaurant has operated on the ground floor and | ||
lower level of a multi-story, multi-use building for more | ||
than 40 years; | ||
(3) the primary business of the restaurant consists of | ||
the sale of food where the sale of liquor is incidental to | ||
the sale of food; | ||
(4) the sale of alcoholic liquor is conducted primarily | ||
in the below-grade level of the restaurant to which the | ||
only public access is by a staircase located inside the | ||
restaurant; and | ||
(5) the restaurant has held a license authorizing the | ||
sale of alcoholic liquor on the premises for more than 40 | ||
years. | ||
(s) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit renewal of a | ||
license authorizing the sale of alcoholic liquor at a premises | ||
that is located within a municipality with a population more |
than 5,000 and less than 10,000 and is within 100 feet of a | ||
church if: | ||
(1) the church was established at the location within | ||
100 feet of the premises after a license for the sale of | ||
alcoholic liquor at the premises was first issued; | ||
(2) a license for sale of alcoholic liquor at the | ||
premises was first issued before January 1, 2007; and | ||
(3) a license for the sale of alcoholic liquor on the | ||
premises has been continuously in effect since January 1, | ||
2007, except for interruptions between licenses of no more | ||
than 90 days. | ||
(t) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a
license authorizing the sale of alcoholic | ||
liquor
incidental to the sale of food within a restaurant that | ||
is established in a premises that is located in a municipality | ||
with a population in excess of 1,000,000 inhabitants and within | ||
100 feet of a school and a church if: | ||
(1) the restaurant is located inside a five-story | ||
building with over 16,800 square feet of commercial space; | ||
(2) the area of the premises does not exceed 31,050 | ||
square feet; | ||
(3) the area of the restaurant does not exceed 5,800 | ||
square feet; | ||
(4) the building has no less than 78 condominium units; | ||
(5) the construction of the building in which the |
restaurant is located was completed in 2006; | ||
(6) the building has 10 storefront properties, 3 of | ||
which are used for the restaurant; | ||
(7) the restaurant will open for business in 2010; | ||
(8) the building is north of the school and separated | ||
by an alley; and | ||
(9) the principal religious leader of the church and | ||
either the alderman of the ward in which the school is | ||
located or the principal of the school have delivered a | ||
written statement to the local liquor control commissioner | ||
stating that he or she does not object to the issuance of a | ||
license under this subsection (t). | ||
(u) Notwithstanding any provision in this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license to sell alcoholic liquor at a premises | ||
that is located within a municipality with a population in | ||
excess of 1,000,000 inhabitants and within 100 feet of a school | ||
if: | ||
(1) the premises operates as a restaurant and has been | ||
in operation since February 2008; | ||
(2) the applicant is the owner of the premises; | ||
(3) the sale of alcoholic liquor is incidental to the | ||
sale of food; | ||
(4) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee on the premises; | ||
(5) the premises occupy the first floor of a 3-story |
building that is at least 90 years old; | ||
(6) the rear lot of the school and the rear corner of | ||
the building that the premises occupy are separated by an | ||
alley; | ||
(7) the distance from the southwest corner of the | ||
property line of the school and the northeast corner of the | ||
building that the premises occupy is at least 16 feet, 5 | ||
inches; | ||
(8) the distance from the rear door of the premises to | ||
the southwest corner of the property line of the school is | ||
at least 93 feet; | ||
(9) the school is a City of Chicago School District 299 | ||
school; | ||
(10) the school's main structure was erected in 1902 | ||
and an addition was built to the main structure in 1959; | ||
and | ||
(11) the principal of the school and the alderman in | ||
whose district the premises are located have expressed, in | ||
writing, their support for the issuance of the license. | ||
(v) Notwithstanding any provision in this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality with | ||
a population in excess of 1,000,000 inhabitants and is within | ||
100 feet of a school if: | ||
(1) the total land area of the premises for which the |
license or renewal is sought is more than 600,000 square | ||
feet; | ||
(2) the premises for which the license or renewal is | ||
sought has more than 600 parking stalls; | ||
(3) the total area of all buildings on the premises for | ||
which the license or renewal is sought exceeds 140,000 | ||
square feet; | ||
(4) the property line of the premises for which the | ||
license or renewal is sought is separated from the property | ||
line of the school by a street; | ||
(5) the distance from the school's property line to the | ||
property line of the premises for which the license or | ||
renewal is sought is at least 60 feet; | ||
(6) as of June 14, 2011 (the effective date of Public | ||
Act 97-9), the premises for which the license or renewal is | ||
sought is located in the Illinois Medical District. | ||
(w) Notwithstanding any provision in this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license to sell alcoholic liquor at a premises | ||
that is located within a municipality with a population in | ||
excess of 1,000,000 inhabitants and within 100 feet of a church | ||
if: | ||
(1) the sale of alcoholic liquor at the premises is | ||
incidental to the sale of food; | ||
(2) the sale of alcoholic liquor is not the principal
| ||
business carried on by the licensee at the premises; |
(3) the premises occupy the first floor and basement of | ||
a 2-story building that is 106 years old; | ||
(4) the premises is at least 7,000 square feet and | ||
located on a lot that is at least 11,000 square feet; | ||
(5) the premises is located directly west of the | ||
church, on perpendicular streets, and separated by an | ||
alley; | ||
(6) the distance between the
property line of the | ||
premises and the property line of the church is at least 20 | ||
feet; | ||
(7) the distance between the primary entrance of the | ||
premises and the primary entrance of the church is at least | ||
130 feet; and | ||
(8) the church has been at its location for at least 40 | ||
years. | ||
(x) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality with | ||
a population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(2) the church has been operating in its current | ||
location since 1973; | ||
(3) the premises has been operating in its current |
location since 1988; | ||
(4) the church and the premises are owned by the same | ||
parish; | ||
(5) the premises is used for cultural and educational | ||
purposes; | ||
(6) the primary entrance to the premises and the | ||
primary entrance to the church are located on the same | ||
street; | ||
(7) the principal religious leader of the church has | ||
indicated his support of the issuance of the license; | ||
(8) the premises is a 2-story building of approximately | ||
23,000 square feet; and | ||
(9) the premises houses a ballroom on its ground floor | ||
of approximately 5,000 square feet. | ||
(y) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality with | ||
a population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a school if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(2) the sale of alcoholic liquor at the premises is | ||
incidental to the sale of food; | ||
(3) according to the municipality, the distance | ||
between the east property line of the premises and the west |
property line of the school is 97.8 feet; | ||
(4) the school is a City of Chicago School District 299 | ||
school; | ||
(5) the school has been operating since 1959; | ||
(6) the primary entrance to the premises and the | ||
primary entrance to the school are located on the same | ||
street; | ||
(7) the street on which the entrances of the premises | ||
and the school are located is a major diagonal | ||
thoroughfare; | ||
(8) the premises is a single-story building of | ||
approximately 2,900 square feet; and | ||
(9) the premises is used for commercial purposes only. | ||
(z) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality with | ||
a population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a mosque if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(2) the licensee shall only sell packaged liquors at | ||
the premises; | ||
(3) the licensee is a national retail chain having over | ||
100 locations within the municipality; | ||
(4) the licensee has over 8,000 locations nationwide; |
(5) the licensee has locations in all 50 states; | ||
(6) the premises is located in the North-East quadrant | ||
of the municipality; | ||
(7) the premises is a free-standing building that has | ||
"drive-through" pharmacy service; | ||
(8) the premises has approximately 14,490 square feet | ||
of retail space; | ||
(9) the premises has approximately 799 square feet of | ||
pharmacy space; | ||
(10) the premises is located on a major arterial street | ||
that runs east-west and accepts truck traffic; and | ||
(11) the alderman of the ward in which the premises is | ||
located has expressed, in writing, his or her support for | ||
the issuance of the license. | ||
(aa) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality with | ||
a population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(2) the licensee shall only sell packaged liquors at | ||
the premises; | ||
(3) the licensee is a national retail chain having over | ||
100 locations within the municipality; |
(4) the licensee has over 8,000 locations nationwide; | ||
(5) the licensee has locations in all 50 states; | ||
(6) the premises is located in the North-East quadrant | ||
of the municipality; | ||
(7) the premises is located across the street from a | ||
national grocery chain outlet; | ||
(8) the premises has approximately 16,148 square feet | ||
of retail space; | ||
(9) the premises has approximately 992 square feet of | ||
pharmacy space; | ||
(10) the premises is located on a major arterial street | ||
that runs north-south and accepts truck traffic; and | ||
(11) the alderman of the ward in which the premises is | ||
located has expressed, in writing, his or her support for | ||
the issuance of the license. | ||
(bb) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality with | ||
a population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(2) the sale of alcoholic liquor at the premises is | ||
incidental to the sale of food; | ||
(3) the primary entrance to the premises and the |
primary entrance to the church are located on the same | ||
street; | ||
(4) the premises is across the street from the church; | ||
(5) the street on which the premises and the church are | ||
located is a major arterial street that runs east-west; | ||
(6) the church is an elder-led and Bible-based Assyrian | ||
church; | ||
(7) the premises and the church are both single-story | ||
buildings; | ||
(8) the storefront directly west of the church is being | ||
used as a restaurant; and | ||
(9) the distance between the northern-most property | ||
line of the premises and the southern-most property line of | ||
the church is 65 feet. | ||
(cc) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality with | ||
a population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a school if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(2) the licensee shall only sell packaged liquors at | ||
the premises; | ||
(3) the licensee is a national retail chain; | ||
(4) as of October 25, 2011, the licensee has 1,767 |
stores operating nationwide, 87 stores operating in the | ||
State, and 10 stores operating within the municipality; | ||
(5) the licensee shall occupy approximately 124,000 | ||
square feet of space in the basement and first and second | ||
floors of a building located across the street from a | ||
school; | ||
(6) the school opened in August of 2009 and occupies | ||
approximately 67,000 square feet of space; and | ||
(7) the building in which the premises shall be located | ||
has been listed on the National Register of Historic Places | ||
since April 17, 1970. | ||
(dd) Notwithstanding any provision in this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor within a full-service grocery store at a premises that | ||
is located within a municipality with a population in excess of | ||
1,000,000 inhabitants and is within 100 feet of a school if: | ||
(1) the premises is constructed on land that was | ||
purchased from the municipality at a fair market price; | ||
(2) the premises is constructed on land that was | ||
previously used as a parking facility for public safety | ||
employees; | ||
(3) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(4) the main entrance to the store is more than 100 | ||
feet from the main entrance to the school; |
(5) the premises is to be new construction; | ||
(6) the school is a private school; | ||
(7) the principal of the school has given written | ||
approval for the license; | ||
(8) the alderman of the ward where the premises is | ||
located has given written approval of the issuance of the | ||
license; | ||
(9) the grocery store level of the premises is between | ||
60,000 and 70,000 square feet; and | ||
(10) the owner and operator of the grocery store | ||
operates 2 other grocery stores that have alcoholic liquor | ||
licenses within the same municipality. | ||
(ee) Notwithstanding any provision in this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor within a full-service grocery store at a premises that | ||
is located within a municipality with a population in excess of | ||
1,000,000 inhabitants and is within 100 feet of a school if: | ||
(1) the premises is constructed on land that once | ||
contained an industrial steel facility; | ||
(2) the premises is located on land that has undergone | ||
environmental remediation; | ||
(3) the premises is located within a retail complex | ||
containing retail stores where some of the stores sell | ||
alcoholic beverages; | ||
(4) the principal activity of any restaurant in the |
retail complex is the sale of food, and the sale of | ||
alcoholic liquor is incidental to the sale of food; | ||
(5) the sale of alcoholic liquor is not the principal | ||
business carried on by the grocery store; | ||
(6) the entrance to any business that sells alcoholic | ||
liquor is more than 100 feet from the entrance to the | ||
school; | ||
(7) the alderman of the ward where the premises is | ||
located has given written approval of the issuance of the | ||
license; and | ||
(8) the principal of the school has given written | ||
consent to the issuance of the license. | ||
(ff) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality with | ||
a population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a school if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on at the premises; | ||
(2) the sale of alcoholic liquor at the premises is | ||
incidental to the operation of a theater; | ||
(3) the premises is a one and one-half-story building | ||
of approximately 10,000 square feet; | ||
(4) the school is a City of Chicago School District 299 | ||
school; |
(5) the primary entrance of the premises and the | ||
primary entrance of the school are at least 300 feet apart | ||
and no more than 400 feet apart; | ||
(6) the alderman of the ward in which the premises is | ||
located has expressed, in writing, his support for the | ||
issuance of the license; and | ||
(7) the principal of the school has expressed, in | ||
writing, that there is no objection to the issuance of a | ||
license under this subsection (ff). | ||
(gg) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor incidental to the sale of food within a restaurant or | ||
banquet facility established in a premises that is located in a | ||
municipality with a population in excess of 1,000,000 | ||
inhabitants and within 100 feet of a church if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(2) the property on which the church is located and the | ||
property on which the premises are located are both within | ||
a district originally listed on the National Register of | ||
Historic Places on February 14, 1979; | ||
(3) the property on which the premises are located | ||
contains one or more multi-story buildings that are at | ||
least 95 years old and have no more than three stories; | ||
(4) the building in which the church is located is at |
least 120 years old; | ||
(5) the property on which the church is located is | ||
immediately adjacent to and west of the property on which | ||
the premises are located; | ||
(6) the western boundary of the property on which the | ||
premises are located is no less than 118 feet in length and | ||
no more than 122 feet in length; | ||
(7) as of December 31, 2012, both the church property | ||
and the property on which the premises are located are | ||
within 250 feet of City of Chicago Business-Residential | ||
Planned Development Number 38; | ||
(8) the principal religious leader at the place of | ||
worship has indicated his or her support for the issuance | ||
of the license in writing; and | ||
(9) the alderman in whose district the premises are | ||
located has expressed his or her support for the issuance | ||
of the license in writing. | ||
For the purposes of this subsection, "banquet facility" | ||
means the part of the building that is located on the floor | ||
above a restaurant and caters to private parties and where the | ||
sale of alcoholic liquors is not the principal business. | ||
(hh) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor within a hotel and at an outdoor patio area attached to | ||
the hotel that are located in a municipality with a population |
in excess of 1,000,000 inhabitants and that are within 100 feet | ||
of a hospital if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the hotel; | ||
(2) the hotel is located within the City of Chicago | ||
Business Planned Development Number 468; and | ||
(3) the hospital is located within the City of Chicago | ||
Institutional Planned Development Number 3. | ||
(ii) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor within a restaurant and at an outdoor patio area | ||
attached to the restaurant that are located in a municipality | ||
with a population in excess of 1,000,000 inhabitants and that | ||
are within 100 feet of a church if: | ||
(1) the sale of alcoholic liquor at the premises is not | ||
the principal business carried on by the licensee and is | ||
incidental to the sale of food; | ||
(2) the restaurant has been operated on the street | ||
level of a 2-story building located on a corner lot since | ||
2008; | ||
(3) the restaurant is between 3,700 and 4,000 square | ||
feet and sits on a lot that is no more than 6,200 square | ||
feet; | ||
(4) the primary entrance to the restaurant and the | ||
primary entrance to the church are located on the same |
street; | ||
(5) the street on which the restaurant and the church | ||
are located is a major east-west street; | ||
(6) the restaurant and the church are separated by a | ||
one-way northbound street; | ||
(7) the church is located to the west of and no more | ||
than 65 feet from the restaurant; and | ||
(8) the principal religious leader at the place of | ||
worship has indicated his or her consent to the issuance of | ||
the license in writing. | ||
(jj) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(2) the sale of alcoholic liquor is incidental to the | ||
sale of food; | ||
(3) the premises are located east of the church, on | ||
perpendicular streets, and separated by an alley; | ||
(4) the distance between the primary entrance of the | ||
premises and the primary entrance of the church is at least | ||
175 feet; | ||
(5) the distance between the property line of the |
premises and the property line of the church is at least 40 | ||
feet; | ||
(6) the licensee has been operating at the premises | ||
since 2012; | ||
(7) the church was constructed in 1904; | ||
(8) the alderman of the ward in which the premises is | ||
located has expressed, in writing, his or her support for | ||
the issuance of the license; and | ||
(9) the principal religious leader of the church has | ||
delivered a written statement that he or she does not | ||
object to the issuance of a license under this subsection | ||
(jj). | ||
(kk) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality with | ||
a population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a school if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(2) the licensee shall only sell packaged liquors on | ||
the premises; | ||
(3) the licensee is a national retail chain; | ||
(4) as of February 27, 2013, the licensee had 1,778 | ||
stores operating nationwide, 89 operating in this State, | ||
and 11 stores operating within the municipality; |
(5) the licensee shall occupy approximately 169,048 | ||
square feet of space within a building that is located | ||
across the street from a tuition-based preschool; and | ||
(6) the alderman of the ward in which the premises is | ||
located has expressed, in writing, his or her support for | ||
the issuance of the license. | ||
(ll) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality with | ||
a population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a school if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(2) the licensee shall only sell packaged liquors on | ||
the premises; | ||
(3) the licensee is a national retail chain; | ||
(4) as of February 27, 2013, the licensee had 1,778 | ||
stores operating nationwide, 89 operating in this State, | ||
and 11 stores operating within the municipality; | ||
(5) the licensee shall occupy approximately 191,535 | ||
square feet of space within a building that is located | ||
across the street from an elementary school; and | ||
(6) the alderman of the ward in which the premises is | ||
located has expressed, in writing, his or her support for | ||
the issuance of the license. |
(mm) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor within premises and at an outdoor patio or sidewalk | ||
cafe, or both, attached to premises that are located in a | ||
municipality with a population in excess of 1,000,000 | ||
inhabitants and that are within 100 feet of a hospital if: | ||
(1) the primary business of the restaurant consists of | ||
the sale of food where the sale of liquor is incidental to | ||
the sale of food; | ||
(2) as a restaurant, the premises may or may not offer | ||
catering as an incidental part of food service; | ||
(3) the primary business of the restaurant is conducted | ||
in space owned by a hospital or an entity owned or | ||
controlled by, under common control with, or that controls | ||
a hospital, and the chief hospital administrator has | ||
expressed his or her support for the issuance of the | ||
license in writing; and | ||
(4) the hospital is an adult acute care facility | ||
primarily located within the City of Chicago Institutional | ||
Planned Development Number 3. | ||
(nn) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality with | ||
a population in excess of 1,000,000 inhabitants and within 100 |
feet of a church if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried out on the premises; | ||
(2) the sale of alcoholic liquor at the premises is | ||
incidental to the operation of a theater; | ||
(3) the premises are a building that was constructed in | ||
1913 and opened on May 24, 1915 as a vaudeville theater, | ||
and the premises were converted to a motion picture theater | ||
in 1935; | ||
(4) the church was constructed in 1889 with a stone | ||
exterior; | ||
(5) the primary entrance of the premises and the | ||
primary entrance of the church are at least 100 feet apart; | ||
(6) the principal religious leader at the place of | ||
worship has indicated his or her consent to the issuance of | ||
the license in writing; and | ||
(7) the alderman in whose ward the premises are located | ||
has expressed his or her support for the issuance of the | ||
license in writing. | ||
(oo) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality with | ||
a population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a mosque, church, or other place of worship if: | ||
(1) the primary entrance of the premises and the |
primary entrance of the mosque, church, or other place of | ||
worship are perpendicular and are on different streets; | ||
(2) the primary entrance to the premises faces West and | ||
the primary entrance to the mosque, church, or other place | ||
of worship faces South; | ||
(3) the distance between the 2 primary entrances is at | ||
least 100 feet; | ||
(4) the mosque, church, or other place of worship was | ||
established in a location within 100 feet of the premises | ||
after a license for the sale of alcohol at the premises was | ||
first issued; | ||
(5) the mosque, church, or other place of worship was | ||
established on or around January 1, 2011; | ||
(6) a license for the sale of alcohol at the premises | ||
was first issued on or before January 1, 1985; | ||
(7) a license for the sale of alcohol at the premises | ||
has been continuously in effect since January 1, 1985, | ||
except for interruptions between licenses of no more than | ||
90 days; and | ||
(8) the premises are a single-story, single-use | ||
building of at least 3,000 square feet and no more than | ||
3,380 square feet. | ||
(pp) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor incidental to the sale of food within a restaurant or |
banquet facility established on premises that are located in a | ||
municipality with a population in excess of 1,000,000 | ||
inhabitants and within 100 feet of at least one church if: | ||
(1) the sale of liquor shall not be the principal | ||
business carried on by the licensee at the premises; | ||
(2) the premises are at least 2,000 square feet and no | ||
more than 10,000 square feet and is located in a | ||
single-story building; | ||
(3) the property on which the premises are located is | ||
within an area that, as of 2009, was designated as a | ||
Renewal Community by the United States Department of | ||
Housing and Urban Development; | ||
(4) the property on which the premises are located and | ||
the properties on which the churches are located are on the | ||
same street; | ||
(5) the property on which the premises are located is | ||
immediately adjacent to and east of the property on which | ||
at least one of the churches is located; | ||
(6) the property on which the premises are located is | ||
across the street and southwest of the property on which | ||
another church is located; | ||
(7) the principal religious leaders of the churches | ||
have indicated their support for the issuance of the | ||
license in writing; and | ||
(8) the alderman in whose ward the premises are located | ||
has expressed his or her support for the issuance of the |
license in writing. | ||
For purposes of this subsection (pp), "banquet facility" | ||
means the part of the building that caters to private parties | ||
and where the sale of alcoholic liquors is not the principal | ||
business. | ||
(qq) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor on premises that are located within a municipality with | ||
a population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church or school if: | ||
(1) the primary entrance of the premises and the | ||
closest entrance of the church or school are at least 200 | ||
feet apart and no greater than 300 feet apart; | ||
(2) the shortest distance between the premises and the | ||
church or school is at least 66 feet apart and no greater | ||
than 81 feet apart; | ||
(3) the premises are a single-story, steel-framed | ||
commercial building with at least 18,042 square feet, and | ||
was constructed in 1925 and 1997; | ||
(4) the owner of the business operated within the | ||
premises has been the general manager of a similar | ||
supermarket within one mile from the premises, which has | ||
had a valid license authorizing the sale of alcoholic | ||
liquor since 2002, and is in good standing with the City of | ||
Chicago; |
(5) the principal religious leader at the place of | ||
worship has indicated his or her support to the issuance or | ||
renewal of the license in writing; | ||
(6) the alderman of the ward has indicated his or her | ||
support to the issuance or renewal of the license in | ||
writing; and | ||
(7) the principal of the school has indicated his or | ||
her support to the issuance or renewal of the license in | ||
writing. | ||
(rr) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a club that leases space to a school if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried out on the premises; | ||
(2) the sale of alcoholic liquor at the premises is | ||
incidental to the operation of a grocery store; | ||
(3) the premises are a building of approximately 1,750 | ||
square feet and is rented by the owners of the grocery | ||
store from a family member; | ||
(4) the property line of the premises is approximately | ||
68 feet from the property line of the club; | ||
(5) the primary entrance of the premises and the | ||
primary entrance of the club where the school leases space |
are at least 100 feet apart; | ||
(6) the director of the club renting space to the | ||
school has indicated his or her consent to the issuance of | ||
the license in writing; and | ||
(7) the alderman in whose district the premises are | ||
located has expressed his or her support for the issuance | ||
of the license in writing. | ||
(ss) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church if: | ||
(1) the premises are located within a 15 unit building | ||
with 13 residential apartments and 2 commercial spaces, and | ||
the licensee will occupy both commercial spaces; | ||
(2) a restaurant has been operated on the premises | ||
since June 2011; | ||
(3) the restaurant currently occupies 1,075 square | ||
feet, but will be expanding to include 975 additional | ||
square feet; | ||
(4) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(5) the premises are located south of the church and on | ||
the same street and are separated by a one-way westbound | ||
street; |
(6) the primary entrance of the premises is at least 93 | ||
feet from the primary entrance of the church; | ||
(7) the shortest distance between any part of the | ||
premises and any part of the church is at least 72 feet; | ||
(8) the building in which the restaurant is located was | ||
built in 1910; | ||
(9) the alderman of the ward in which the premises are | ||
located has expressed, in writing, his or her support for | ||
the issuance of the license; and | ||
(10) the principal religious leader of the church has | ||
delivered a written statement that he or she does not | ||
object to the issuance of a license under this subsection | ||
(ss). | ||
(tt) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(2) the sale of alcoholic liquor is incidental to the | ||
sale of food; | ||
(3) the sale of alcoholic liquor at the premises was | ||
previously authorized by a package goods liquor license; | ||
(4) the premises are at least 40,000 square feet with |
25 parking spaces in the contiguous surface lot to the | ||
north of the store and 93 parking spaces on the roof; | ||
(5) the shortest distance between the lot line of the | ||
parking lot of the premises and the exterior wall of the | ||
church is at least 80 feet; | ||
(6) the distance between the building in which the | ||
church is located and the building in which the premises | ||
are located is at least 180 feet; | ||
(7) the main entrance to the church faces west and is | ||
at least 257 feet from the main entrance of the premises; | ||
and | ||
(8) the applicant is the owner of 10 similar grocery | ||
stores within the City of Chicago and the surrounding area | ||
and has been in business for more than 30 years. | ||
(uu) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(2) the sale of alcoholic liquor is incidental to the | ||
operation of a grocery store; | ||
(3) the premises are located in a building that is | ||
approximately 68,000 square feet with 157 parking spaces on |
property that was previously vacant land; | ||
(4) the main entrance to the church faces west and is | ||
at least 500 feet from the entrance of the premises, which | ||
faces north; | ||
(5) the church and the premises are separated by an | ||
alley; | ||
(6) the applicant is the owner of 9 similar grocery | ||
stores in the City of Chicago and the surrounding area and | ||
has been in business for more than 40 years; and | ||
(7) the alderman of the ward in which the premises are | ||
located has expressed, in writing, his or her support for | ||
the issuance of the license. | ||
(vv) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church if: | ||
(1) the sale of alcoholic liquor is the principal | ||
business carried on by the licensee at the premises; | ||
(2) the sale of alcoholic liquor is primary to the sale | ||
of food; | ||
(3) the premises are located south of the church and on | ||
perpendicular streets and are separated by a driveway; | ||
(4) the primary entrance of the premises is at least | ||
100 feet from the primary entrance of the church; |
(5) the shortest distance between any part of the | ||
premises and any part of the church is at least 15 feet; | ||
(6) the premises are less than 100 feet from the church | ||
center, but greater than 100 feet from the area within the | ||
building where church services are held; | ||
(7) the premises are 25,830 square feet and sit on a | ||
lot that is 0.48 acres; | ||
(8) the premises were once designated as a Korean | ||
American Presbyterian Church and were once used as a | ||
Masonic Temple; | ||
(9) the premises were built in 1910; | ||
(10) the alderman of the ward in which the premises are | ||
located has expressed, in writing, his or her support for | ||
the issuance of the license; and | ||
(11) the principal religious leader of the church has | ||
delivered a written statement that he or she does not | ||
object to the issuance of a license under this subsection | ||
(vv). | ||
For the purposes of this subsection (vv), "premises" means | ||
a place of business together with a privately owned outdoor | ||
location that is adjacent to the place of business.
| ||
(ww) Notwithstanding any provision of this Section to the
| ||
contrary, nothing in this Section shall prohibit the issuance
| ||
or renewal of a license authorizing the sale of alcoholic
| ||
liquor at premises located within a municipality with a
| ||
population in excess of 1,000,000 inhabitants and within 100
|
feet of a school if: | ||
(1) the school is located within Sub Area III of City | ||
of Chicago Residential-Business Planned Development Number | ||
523, as amended; and | ||
(2) the premises are located within Sub Area I, Sub | ||
Area II, or Sub Area IV of City of Chicago | ||
Residential-Business Planned Development Number 523, as | ||
amended. | ||
(xx) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church if: | ||
(1) the sale of wine or wine-related products is the | ||
exclusive business carried on by the licensee at the | ||
premises; | ||
(2) the primary entrance of the premises and the | ||
primary entrance of the church are at least 100 feet apart | ||
and are located on different streets; | ||
(3) the building in which the premises are located and | ||
the building in which the church is located are separated | ||
by an alley; | ||
(4) the premises consists of less than 2,000 square | ||
feet of floor area dedicated to the sale of wine or | ||
wine-related products; |
(5) the premises are located on the first floor of a | ||
2-story building that is at least 99 years old and has a | ||
residential unit on the second floor; and | ||
(6) the principal religious leader at the church has | ||
indicated his or her support for the issuance or renewal of | ||
the license in writing. | ||
(yy) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church if: | ||
(1) the premises are a 27-story hotel containing 191 | ||
guest rooms; | ||
(2) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises and is | ||
limited to a restaurant located on the first floor of the | ||
hotel; | ||
(3) the hotel is adjacent to the church; | ||
(4) the site is zoned as DX-16; | ||
(5) the principal religious leader of the church has | ||
delivered a written statement that he or she does not | ||
object to the issuance of a license under this subsection | ||
(yy); and | ||
(6) the alderman of the ward in which the premises are | ||
located has expressed, in writing, his or her support for |
the issuance of the license. | ||
(zz) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church if: | ||
(1) the premises are a 15-story hotel containing 143 | ||
guest rooms; | ||
(2) the premises are approximately 85,691 square feet; | ||
(3) a restaurant is operated on the premises; | ||
(4) the restaurant is located in the first floor lobby | ||
of the hotel; | ||
(5) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(6) the hotel is located approximately 50 feet from the | ||
church and is separated from the church by a public street | ||
on the ground level and by air space on the upper level, | ||
which is where the public entrances are located; | ||
(7) the site is zoned as DX-16; | ||
(8) the principal religious leader of the church has | ||
delivered a written statement that he or she does not | ||
object to the issuance of a license under this subsection | ||
(zz); and | ||
(9) the alderman of the ward in which the premises are | ||
located has expressed, in writing, his or her support for |
the issuance of the license. | ||
(aaa) Notwithstanding any provision in this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor within a full-service grocery store at premises located | ||
within a municipality with a population in excess of 1,000,000 | ||
inhabitants and within 100 feet of a school if: | ||
(1) the sale of alcoholic liquor is not the primary | ||
business activity of the grocery store; | ||
(2) the premises are newly constructed on land that was | ||
formerly used by the Young Men's Christian Association; | ||
(3) the grocery store is located within a planned | ||
development that was approved by the municipality in 2007; | ||
(4) the premises are located in a multi-building, | ||
mixed-use complex; | ||
(5) the entrance to the grocery store is located more | ||
than 200 feet from the entrance to the school; | ||
(6) the entrance to the grocery store is located across | ||
the street from the back of the school building, which is | ||
not used for student or public access; | ||
(7) the grocery store executed a binding lease for the | ||
property in 2008; | ||
(8) the premises consist of 2 levels and occupy more | ||
than 80,000 square feet; | ||
(9) the owner and operator of the grocery store | ||
operates at least 10 other grocery stores that have |
alcoholic liquor licenses within the same municipality; | ||
and | ||
(10) the director of the school has expressed, in | ||
writing, his or her support for the issuance of the | ||
license. | ||
(bbb) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church if: | ||
(1) the sale of alcoholic liquor at the premises is | ||
incidental to the sale of food; | ||
(2) the premises are located in a single-story building | ||
of primarily brick construction containing at least 6 | ||
commercial units constructed before 1940; | ||
(3) the premises are located in a B3-2 zoning district; | ||
(4) the premises are less than 4,000 square feet; | ||
(5) the church established its congregation in 1891 and | ||
completed construction of the church building in 1990; | ||
(6) the premises are located south of the church; | ||
(7) the premises and church are located on the same | ||
street and are separated by a one-way westbound street; and | ||
(8) the principal religious leader of the church has | ||
not indicated his or her opposition to the issuance or | ||
renewal of the license in writing. |
(ccc) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor within a full-service grocery store at premises located | ||
within a municipality with a population in excess of 1,000,000 | ||
inhabitants and within 100 feet of a church and school if: | ||
(1) as of March 14, 2007, the premises are located in a | ||
City of Chicago Residential-Business Planned Development | ||
No. 1052; | ||
(2) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(3) the sale of alcoholic liquor is incidental to the | ||
operation of a grocery store and comprises no more than 10% | ||
of the total in-store sales; | ||
(4) the owner and operator of the grocery store | ||
operates at least 10 other grocery stores that have | ||
alcoholic liquor licenses within the same municipality; | ||
(5) the premises are new construction when the license | ||
is first issued; | ||
(6) the constructed premises are to be no less than | ||
50,000 square feet; | ||
(7) the school is a private church-affiliated school; | ||
(8) the premises and the property containing the church | ||
and church-affiliated school are located on perpendicular | ||
streets and the school and church are adjacent to one | ||
another; |
(9) the pastor of the church and school has expressed, | ||
in writing, support for the issuance of the license; and | ||
(10) the alderman of the ward in which the premises are | ||
located has expressed, in writing, his or her support for | ||
the issuance of the license. | ||
(ddd) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church or school if: | ||
(1) the business has been issued a license from the | ||
municipality to allow the business to operate a theater on | ||
the premises; | ||
(2) the theater has less than 200 seats; | ||
(3) the premises are approximately 2,700 to 3,100 | ||
square feet of space; | ||
(4) the premises are located to the north of the | ||
church; | ||
(5) the primary entrance of the premises and the | ||
primary entrance of any church within 100 feet of the | ||
premises are located either on a different street or across | ||
a right-of-way from the premises; | ||
(6) the primary entrance of the premises and the | ||
primary entrance of any school within 100 feet of the | ||
premises are located either on a different street or across |
a right-of-way from the premises; | ||
(7) the premises are located in a building that is at | ||
least 100 years old; and | ||
(8) any church or school located within 100 feet of the | ||
premises has indicated its support for the issuance or | ||
renewal of the license to the premises in writing. | ||
(eee) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church and school if: | ||
(1) the sale of alcoholic liquor is incidental to the | ||
sale of food; | ||
(2) the sale of alcoholic liquor is not the principal | ||
business carried on by the applicant on the premises; | ||
(3) a family-owned restaurant has operated on the | ||
premises since 1957; | ||
(4) the premises occupy the first floor of a 3-story | ||
building that is at least 90 years old; | ||
(5) the distance between the property line of the | ||
premises and the property line of the church is at least 20 | ||
feet; | ||
(6) the church was established at its current location | ||
and the present structure was erected before 1900; | ||
(7) the primary entrance of the premises is at least 75 |
feet from the primary entrance of the church; | ||
(8) the school is affiliated with the church; | ||
(9) the principal religious leader at the place of | ||
worship has indicated his or her support for the issuance | ||
of the license in writing; | ||
(10) the principal of the school has indicated in | ||
writing that he or she is not opposed to the issuance of | ||
the license; and | ||
(11) the alderman of the ward in which the premises are | ||
located has expressed, in writing, his or her lack of an | ||
objection to the issuance of the license. | ||
(fff) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(2) the sale of alcoholic liquor at the premises is | ||
incidental to the operation of a grocery store; | ||
(3) the premises are a one-story building containing | ||
approximately 10,000 square feet and are rented by the | ||
owners of the grocery store; | ||
(4) the sale of alcoholic liquor at the premises occurs | ||
in a retail area of the grocery store that is approximately |
3,500 square feet; | ||
(5) the grocery store has operated at the location | ||
since 1984; | ||
(6) the grocery store is closed on Sundays; | ||
(7) the property on which the premises are located is a | ||
corner lot that is bound by 3 streets and an alley, where | ||
one street is a one-way street that runs north-south, one | ||
street runs east-west, and one street runs | ||
northwest-southeast; | ||
(8) the property line of the premises is approximately | ||
16 feet from the property line of the building where the | ||
church is located; | ||
(9) the premises are separated from the building | ||
containing the church by a public alley; | ||
(10) the primary entrance of the premises and the | ||
primary entrance of the church are at least 100 feet apart; | ||
(11) representatives of the church have delivered a | ||
written statement that the church does not object to the | ||
issuance of a license under this subsection (fff); and | ||
(12) the alderman of the ward in which the grocery | ||
store is located has expressed, in writing, his or her | ||
support for the issuance of the license. | ||
(ggg) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of licenses authorizing the sale of alcoholic liquor | ||
within a restaurant or lobby coffee house at premises located |
within a municipality with a population in excess of 1,000,000 | ||
inhabitants and within 100 feet of a church and school if: | ||
(1) a residential retirement home formerly operated on | ||
the premises and the premises are being converted into a | ||
new apartment living complex containing studio and | ||
one-bedroom apartments with ground floor retail space; | ||
(2) the restaurant and lobby coffee house are located | ||
within a Community Shopping District within the | ||
municipality; | ||
(3) the premises are located in a single-building, | ||
mixed-use complex that, in addition to the restaurant and | ||
lobby coffee house, contains apartment residences, a | ||
fitness center for the residents of the apartment building, | ||
a lobby designed as a social center for the residents, a | ||
rooftop deck, and a patio with a dog run for the exclusive | ||
use of the residents; | ||
(4) the sale of alcoholic liquor is not the primary | ||
business activity of the apartment complex, restaurant, or | ||
lobby coffee house; | ||
(5) the entrance to the apartment residence is more | ||
than 310 feet from the entrance to the school and church; | ||
(6) the entrance to the apartment residence is located | ||
at the end of the block around the corner from the south | ||
side of the school building; | ||
(7) the school is affiliated with the church; | ||
(8) the pastor of the parish, principal of the school, |
and the titleholder to the church and school have given | ||
written consent to the issuance of the license; | ||
(9) the alderman of the ward in which the premises are | ||
located has given written consent to the issuance of the | ||
license; and | ||
(10) the neighborhood block club has given written | ||
consent to the issuance of the license. | ||
(hhh) Notwithstanding any provision of this Section to
the | ||
contrary, nothing in this Section shall prohibit the
issuance | ||
or renewal of a license to sell alcoholic liquor at
premises | ||
located within a municipality with a population
in excess of | ||
1,000,000 inhabitants and within 100 feet of a home for | ||
indigent persons or a church if: | ||
(1) a restaurant operates on the premises and has
been | ||
in operation since January of 2014; | ||
(2) the sale of alcoholic liquor is incidental to the | ||
sale of food; | ||
(3) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee on the premises; | ||
(4) the premises occupy the first floor of a 3-story
| ||
building that is at least 100 years old; | ||
(5) the primary entrance to the premises is more than | ||
100 feet from the primary entrance to the home for indigent | ||
persons, which opened in 1989 and is operated to address | ||
homelessness and provide shelter; | ||
(6) the primary entrance to the premises and the |
primary entrance to the home for indigent persons are | ||
located on different streets; | ||
(7) the executive director of the home for indigent | ||
persons has given written consent to the issuance of the | ||
license; | ||
(8) the entrance to the premises is located within 100 | ||
feet of a Buddhist temple; | ||
(9) the entrance to the premises is more than 100 feet | ||
from where any worship or educational programming is | ||
conducted by the Buddhist temple and is located in an area | ||
used only for other purposes; and | ||
(10) the president and the board of directors of the | ||
Buddhist temple have given written consent to the issuance | ||
of the license. | ||
(iii) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality in excess of | ||
1,000,000 inhabitants and within 100 feet of a home for the | ||
aged if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee on the premises; | ||
(2) the sale of alcoholic liquor at the premises is | ||
incidental to the operation of a restaurant; | ||
(3) the premises are on the ground floor of a | ||
multi-floor, university-affiliated housing facility; |
(4) the premises occupy 1,916 square feet of space, | ||
with the total square footage from which liquor will be | ||
sold, served, and consumed to be 900 square feet; | ||
(5) the premises are separated from the home for the | ||
aged by an alley; | ||
(6) the primary entrance to the premises and the | ||
primary entrance to the home for the aged are at least 500 | ||
feet apart and located on different streets; | ||
(7) representatives of the home for the aged have | ||
expressed, in writing, that the home does not object to the | ||
issuance of a license under this subsection; and | ||
(8) the alderman of the ward in which the restaurant is | ||
located has expressed, in writing, his or her support for | ||
the issuance of the license. | ||
(jjj) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a school if: | ||
(1) as of January 1, 2016, the premises were used for | ||
the sale of alcoholic liquor for consumption on the | ||
premises and were authorized to do so pursuant to a retail | ||
tavern license held by an individual as the sole proprietor | ||
of the premises; | ||
(2) the primary entrance to the school and the primary |
entrance to the premises are on the same street; | ||
(3) the school was founded in 1949; | ||
(4) the building in which the premises are situated was | ||
constructed before 1930; | ||
(5) the building in which the premises are situated is | ||
immediately across the street from the school; and | ||
(6) the school has not indicated its opposition to the | ||
issuance or renewal of the license in writing. | ||
(kkk) (Blank). | ||
(lll) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a synagogue or school if: | ||
(1) the sale of alcoholic liquor at the premises is | ||
incidental to the sale of food; | ||
(2) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(3) the premises are located on the same street on | ||
which the synagogue or school is located; | ||
(4) the primary entrance to the premises and the | ||
closest entrance to the synagogue or school is at least 100 | ||
feet apart; | ||
(5) the shortest distance between the premises and the | ||
synagogue or school is at least 65 feet apart and no |
greater than 70 feet apart; | ||
(6) the premises are between 1,800 and 2,000 square | ||
feet; | ||
(7) the synagogue was founded in 1861; and | ||
(8) the leader of the synagogue has indicated, in | ||
writing, the synagogue's support for the issuance or | ||
renewal of the license. | ||
(mmm) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of licenses authorizing the sale of alcoholic liquor | ||
within a restaurant or lobby coffee house at premises located | ||
within a municipality with a population in excess of 1,000,000 | ||
inhabitants and within 100 feet of a church if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(2) the sale of alcoholic liquor at the premises is | ||
incidental to the sale of food in a restaurant; | ||
(3) the restaurant has been run by the same family for | ||
at least 19 consecutive years; | ||
(4) the premises are located in a 3-story building in | ||
the most easterly part of the first floor; | ||
(5) the building in which the premises are located has | ||
residential housing on the second and third floors; | ||
(6) the primary entrance to the premises is on a | ||
north-south street around the corner and across an alley | ||
from the primary entrance to the church, which is on an |
east-west street; | ||
(7) the primary entrance to the church and the primary | ||
entrance to the premises are more than 160 feet apart; and | ||
(8) the church has expressed, in writing, its support | ||
for the issuance of a license under this subsection. | ||
(nnn) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of licenses authorizing the sale of alcoholic liquor | ||
within a restaurant or lobby coffee house at premises located | ||
within a municipality with a population in excess of 1,000,000 | ||
inhabitants and within 100 feet of a school and church or | ||
synagogue if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(2) the sale of alcoholic liquor at the premises is | ||
incidental to the sale of food in a restaurant; | ||
(3) the front door of the synagogue faces east on the | ||
next north-south street east of and parallel to the | ||
north-south street on which the restaurant is located where | ||
the restaurant's front door faces west; | ||
(4) the closest exterior pedestrian entrance that | ||
leads to the school or the synagogue is across an east-west | ||
street and at least 300 feet from the primary entrance to | ||
the restaurant; | ||
(5) the nearest church-related or school-related | ||
building is a community center building; |
(6) the restaurant is on the ground floor of a 3-story | ||
building constructed in 1896 with a brick façade; | ||
(7) the restaurant shares the ground floor with a | ||
theater, and the second and third floors of the building in | ||
which the restaurant is located consists of residential | ||
housing; | ||
(8) the leader of the synagogue and school has | ||
expressed, in writing, that the synagogue does not object | ||
to the issuance of a license under this subsection; and | ||
(9) the alderman of the ward in which the premises is | ||
located has expressed, in writing, his or her support for | ||
the issuance of the license. | ||
(ooo) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 2,000 but less than 5,000 inhabitants | ||
in a county with a population in excess of 3,000,000 and within | ||
100 feet of a home for the aged if: | ||
(1) as of March 1, 2016, the premises were used to sell | ||
alcohol pursuant to a retail tavern and packaged goods | ||
license issued by the municipality and held by a limited | ||
liability company as the proprietor of the premises; | ||
(2) the home for the aged was completed in 2015; | ||
(3) the home for the aged is a 5-story structure; | ||
(4) the building in which the premises are situated is |
directly adjacent to the home for the aged; | ||
(5) the building in which the premises are situated was | ||
constructed before 1950; | ||
(6) the home for the aged has not indicated its | ||
opposition to the issuance or renewal of the license; and | ||
(7) the president of the municipality has expressed in | ||
writing that he or she does not object to the issuance or | ||
renewal of the license. | ||
(ppp) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church or churches if: | ||
(1) the shortest distance between the premises and a | ||
church is at least 78 feet apart and no greater than 95 | ||
feet apart; | ||
(2) the premises are a single-story, brick commercial | ||
building and between 3,600 to 4,000 square feet and the | ||
original building was built before 1922; | ||
(3) the premises are located in a B3-2 zoning district; | ||
(4) the premises are separated from the buildings | ||
containing the churches by a street; | ||
(5) the previous owners of the business located on the | ||
premises held a liquor license for at least 10 years; | ||
(6) the new owner of the business located on the |
premises has managed 2 other food and liquor stores since | ||
1997; | ||
(7) the principal religious leaders at the places of | ||
worship have indicated their support for the issuance or | ||
renewal of the license in writing; and | ||
(8) the alderman of the ward in which the premises are | ||
located has indicated his or her support for the issuance | ||
or renewal of the license in writing. | ||
(qqq) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church if: | ||
(1) the sale of alcoholic liquor at the premises is | ||
incidental to the sale of food; | ||
(2) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(3) the premises are located on the opposite side of | ||
the same street on which the church is located; | ||
(4) the church is located on a corner lot; | ||
(5) the shortest distance between the premises and the | ||
church is at least 90 feet apart and no greater than 95 | ||
feet apart; | ||
(6) the premises are at least 3,000 but no more than | ||
5,000 square feet; |
(7) the church's original chapel was built in 1858; | ||
(8) the church's first congregation was organized in | ||
1860; and | ||
(9) the leaders of the church and the alderman of the | ||
ward in which the premises are located has expressed, in | ||
writing, their support for the issuance of the license. | ||
(rrr) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a restaurant or banquet facility established within | ||
premises located within a municipality with a population in | ||
excess of 1,000,000 inhabitants and within 100 feet of a church | ||
or school if: | ||
(1) the sale of alcoholic liquor at the premises is | ||
incidental to the sale of food; | ||
(2) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(3) the immediately prior owner or the operator of the | ||
restaurant or banquet facility held a valid retail license | ||
authorizing the sale of alcoholic liquor at the premises | ||
for at least part of the 24 months before a change of | ||
ownership; | ||
(4) the premises are located immediately east and | ||
across the street from an elementary school; | ||
(5) the premises and elementary school are part of an | ||
approximately 100-acre campus owned by the church; |
(6) the school opened in 1999 and was named after the | ||
founder of the church; and | ||
(7) the alderman of the ward in which the premises are | ||
located has expressed, in writing, his or her support for | ||
the issuance of the license. | ||
(sss) Notwithstanding any provision of this Section to the
| ||
contrary, nothing in this Section shall prohibit the issuance
| ||
or renewal of a license authorizing the sale of alcoholic
| ||
liquor at premises located within a municipality with a
| ||
population in excess of 1,000,000 inhabitants and within 100
| ||
feet of a church or school if: | ||
(1) the premises are at least 5,300 square feet and
| ||
located in a building that was built prior to 1940; | ||
(2) the shortest distance between the property line of
| ||
the premises and the exterior wall of the building in which
| ||
the church is located is at least 109 feet; | ||
(3) the distance between the building in which the | ||
church is located and the building in which the premises
| ||
are located is at least 118 feet; | ||
(4) the main entrance to the church faces west and is
| ||
at least 602 feet from the main entrance of the premises; | ||
(5) the shortest distance between the property line of
| ||
the premises and the property line of the school is at
| ||
least 177 feet; | ||
(6) the applicant has been in business for more than 10
| ||
years; |
(7) the principal religious leader of the church has | ||
indicated his or her support for the issuance or
renewal of | ||
the license in writing; | ||
(8) the principal of the school has indicated in
| ||
writing that he or she is not opposed to the issuance of
| ||
the license; and | ||
(9) the alderman of the ward in which the premises are
| ||
located has expressed, in writing, his or her support for
| ||
the issuance of the license. | ||
(ttt) Notwithstanding any provision of this Section to the
| ||
contrary, nothing in this Section shall prohibit the issuance
| ||
or renewal of a license authorizing the sale of alcoholic
| ||
liquor at premises located within a municipality with a
| ||
population in excess of 1,000,000 inhabitants and within 100
| ||
feet of a church or school if: | ||
(1) the premises are at least 59,000 square feet and
| ||
located in a building that was built prior to 1940; | ||
(2) the shortest distance between the west property
| ||
line of the premises and the exterior wall of the church is | ||
at least 99 feet; | ||
(3) the distance between the building in which the
| ||
church is located and the building in which the premises
| ||
are located is at least 102 feet; | ||
(4) the main entrance to the church faces west and is
| ||
at least 457 feet from the main entrance of the premises; | ||
(5) the shortest distance between the property line of
|
the premises and the property line of the school is at
| ||
least 66 feet; | ||
(6) the applicant has been in business for more than 10
| ||
years; | ||
(7) the principal religious leader of the church has | ||
indicated his or her support for the issuance or
renewal of | ||
the license in writing; | ||
(8) the principal of the school has indicated in
| ||
writing that he or she is not opposed to the issuance of
| ||
the license; and | ||
(9) the alderman of the ward in which the premises are
| ||
located has expressed, in writing, his or her support for
| ||
the issuance of the license. | ||
(uuu) Notwithstanding any provision of this Section to the
| ||
contrary, nothing in this Section shall prohibit the issuance
| ||
or renewal of a license authorizing the sale of alcoholic
| ||
liquor at premises located within a municipality with a
| ||
population in excess of 1,000,000 inhabitants and within 100
| ||
feet of a place of worship if: | ||
(1) the sale of liquor is incidental to the sale of
| ||
food; | ||
(2) the premises are at least 7,100 square feet; | ||
(3) the shortest distance between the north property
| ||
line of the premises and the nearest exterior wall of the
| ||
place of worship is at least 86 feet; | ||
(4) the main entrance to the place of worship faces |
north and is more than 150 feet from the
main entrance of | ||
the premises; | ||
(5) the applicant has been in business for more than 20
| ||
years at the location; | ||
(6) the principal religious leader of the place of
| ||
worship has indicated his or her support for the issuance
| ||
or renewal of the license in writing; and | ||
(7) the alderman of the ward in which the premises are
| ||
located has expressed, in writing, his or her support for
| ||
the issuance of the license. | ||
(vvv) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of 2 churches if: | ||
(1) as of January 1, 2015, the premises were used for | ||
the sale of alcoholic liquor for consumption on the | ||
premises and the sale was authorized pursuant to a retail | ||
tavern license held by an individual as the sole proprietor | ||
of the premises; | ||
(2) a primary entrance of the church situated to the | ||
south of the premises is located on a street running | ||
perpendicular to the street upon which a primary entrance | ||
of the premises is situated; | ||
(3) the church located to the south of the premises is |
a 3-story structure that was constructed in 2006; | ||
(4) a parking lot separates the premises from the | ||
church located to the south of the premises; | ||
(5) the building in which the premises are situated was | ||
constructed before 1930; | ||
(6) the building in which the premises are situated is | ||
a 2-story, mixed-use commercial and residential structure | ||
containing more than 20,000 total square feet and | ||
containing at least 7 residential units on the second floor | ||
and 3 commercial units on the first floor; | ||
(7) the building in which the premises are situated is | ||
immediately adjacent to the church located to the north of | ||
the premises; | ||
(8) the primary entrance of the church located to the | ||
north of the premises and the primary entrance of the | ||
premises are located on the same street;
| ||
(9) the churches have not indicated their opposition to | ||
the issuance or renewal of the license in writing; and | ||
(10) the alderman of the ward in which the premises are
| ||
located has expressed, in writing, his or her support for
| ||
the issuance of the license. | ||
(www) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of licenses authorizing the sale of alcoholic liquor | ||
within a restaurant at premises located within a municipality | ||
with a population in excess of 1,000,000 inhabitants and within |
100 feet of a school if: | ||
(1) the sale of alcoholic liquor is incidental to the | ||
sale of food and is not the principal business of the | ||
restaurant; | ||
(2) the building in which the restaurant is located was | ||
constructed in 1909 and is a 2-story structure; | ||
(3) the restaurant has been operating continuously | ||
since 1962, has been located at the existing premises since | ||
1989, and has been owned and operated by the same family, | ||
which also operates a deli in a building located | ||
immediately to the east and adjacent and connected to the | ||
restaurant; | ||
(4) the entrance to the restaurant is more than 200 | ||
feet from the entrance to the school; | ||
(5) the building in which the restaurant is located and | ||
the building in which the school is located are separated | ||
by a traffic-congested major street; | ||
(6) the building in which the restaurant is located | ||
faces a public park located to the east of the school, | ||
cannot be seen from the windows of the school, and is not | ||
directly across the street from the school; | ||
(7) the school building is located 2 blocks from a | ||
major private university; | ||
(8) the school is a public school that has | ||
pre-kindergarten through eighth grade classes, is an open | ||
enrollment school, and has a preschool program that has |
earned a Gold Circle of Quality award; | ||
(9) the local school council has given written consent | ||
for the issuance of the liquor license; and | ||
(10) the alderman of the ward in which the premises are | ||
located has given written consent for the issuance of the | ||
liquor license. | ||
(xxx) (Blank). | ||
(yyy) (sss) Notwithstanding any provision in this Section | ||
to the contrary, nothing in this Section shall prohibit the | ||
issuance or renewal of a license authorizing the sale of | ||
alcoholic liquor at a store that is located within a | ||
municipality with a population in excess of 1,000,000 | ||
inhabitants and within 100 feet of a church if: | ||
(1) the premises are primarily used for the sale of | ||
alcoholic liquor; | ||
(2) on January 1, 2017, the store was authorized to | ||
sell alcoholic liquor pursuant to a package goods liquor | ||
license; | ||
(3) on January 1, 2017, the store occupied | ||
approximately 5,560 square feet and will be expanded to | ||
include 440 additional square feet for the purpose of | ||
storage; | ||
(4) the store was in existence before the church; | ||
(5) the building in which the store is located was | ||
built in 1956 and is immediately south of the church; | ||
(6) the store and church are separated by an east-west |
street; | ||
(7) the owner of the store received his first liquor | ||
license in 1986; | ||
(8) the church has not indicated its opposition to the | ||
issuance or renewal of the license in writing; and | ||
(9) the alderman of the ward in which the store is | ||
located has expressed his or her support for the issuance | ||
or renewal of the license. | ||
(Source: P.A. 99-46, eff. 7-15-15; 99-47, eff. 7-15-15; 99-477, | ||
eff. 8-27-15; 99-484, eff. 10-30-15; 99-558, eff. 7-15-16; | ||
99-642, eff. 7-28-16; 99-936, eff. 2-24-17; 100-36, eff. | ||
8-4-17; 100-38, eff. 8-4-17; 100-201, eff. 8-18-17; revised | ||
10-12-17.)
| ||
Section 445. The Illinois Public Aid Code is amended by | ||
changing Sections 5-5, 5-8, 5-16.8, 5A-8, 6-1.3, 11-6, and 12-5 | ||
as follows:
| ||
(305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
| ||
Sec. 5-5. Medical services. The Illinois Department, by | ||
rule, shall
determine the quantity and quality of and the rate | ||
of reimbursement for the
medical assistance for which
payment | ||
will be authorized, and the medical services to be provided,
| ||
which may include all or part of the following: (1) inpatient | ||
hospital
services; (2) outpatient hospital services; (3) other | ||
laboratory and
X-ray services; (4) skilled nursing home |
services; (5) physicians'
services whether furnished in the | ||
office, the patient's home, a
hospital, a skilled nursing home, | ||
or elsewhere; (6) medical care, or any
other type of remedial | ||
care furnished by licensed practitioners; (7)
home health care | ||
services; (8) private duty nursing service; (9) clinic
| ||
services; (10) dental services, including prevention and | ||
treatment of periodontal disease and dental caries disease for | ||
pregnant women, provided by an individual licensed to practice | ||
dentistry or dental surgery; for purposes of this item (10), | ||
"dental services" means diagnostic, preventive, or corrective | ||
procedures provided by or under the supervision of a dentist in | ||
the practice of his or her profession; (11) physical therapy | ||
and related
services; (12) prescribed drugs, dentures, and | ||
prosthetic devices; and
eyeglasses prescribed by a physician | ||
skilled in the diseases of the eye,
or by an optometrist, | ||
whichever the person may select; (13) other
diagnostic, | ||
screening, preventive, and rehabilitative services, including | ||
to ensure that the individual's need for intervention or | ||
treatment of mental disorders or substance use disorders or | ||
co-occurring mental health and substance use disorders is | ||
determined using a uniform screening, assessment, and | ||
evaluation process inclusive of criteria, for children and | ||
adults; for purposes of this item (13), a uniform screening, | ||
assessment, and evaluation process refers to a process that | ||
includes an appropriate evaluation and, as warranted, a | ||
referral; "uniform" does not mean the use of a singular |
instrument, tool, or process that all must utilize; (14)
| ||
transportation and such other expenses as may be necessary; | ||
(15) medical
treatment of sexual assault survivors, as defined | ||
in
Section 1a of the Sexual Assault Survivors Emergency | ||
Treatment Act, for
injuries sustained as a result of the sexual | ||
assault, including
examinations and laboratory tests to | ||
discover evidence which may be used in
criminal proceedings | ||
arising from the sexual assault; (16) the
diagnosis and | ||
treatment of sickle cell anemia; and (17)
any other medical | ||
care, and any other type of remedial care recognized
under the | ||
laws of this State. The term "any other type of remedial care" | ||
shall
include nursing care and nursing home service for persons | ||
who rely on
treatment by spiritual means alone through prayer | ||
for healing.
| ||
Notwithstanding any other provision of this Section, a | ||
comprehensive
tobacco use cessation program that includes | ||
purchasing prescription drugs or
prescription medical devices | ||
approved by the Food and Drug Administration shall
be covered | ||
under the medical assistance
program under this Article for | ||
persons who are otherwise eligible for
assistance under this | ||
Article.
| ||
Notwithstanding any other provision of this Code, | ||
reproductive health care that is otherwise legal in Illinois | ||
shall be covered under the medical assistance program for | ||
persons who are otherwise eligible for medical assistance under | ||
this Article. |
Notwithstanding any other provision of this Code, the | ||
Illinois
Department may not require, as a condition of payment | ||
for any laboratory
test authorized under this Article, that a | ||
physician's handwritten signature
appear on the laboratory | ||
test order form. The Illinois Department may,
however, impose | ||
other appropriate requirements regarding laboratory test
order | ||
documentation.
| ||
Upon receipt of federal approval of an amendment to the | ||
Illinois Title XIX State Plan for this purpose, the Department | ||
shall authorize the Chicago Public Schools (CPS) to procure a | ||
vendor or vendors to manufacture eyeglasses for individuals | ||
enrolled in a school within the CPS system. CPS shall ensure | ||
that its vendor or vendors are enrolled as providers in the | ||
medical assistance program and in any capitated Medicaid | ||
managed care entity (MCE) serving individuals enrolled in a | ||
school within the CPS system. Under any contract procured under | ||
this provision, the vendor or vendors must serve only | ||
individuals enrolled in a school within the CPS system. Claims | ||
for services provided by CPS's vendor or vendors to recipients | ||
of benefits in the medical assistance program under this Code, | ||
the Children's Health Insurance Program, or the Covering ALL | ||
KIDS Health Insurance Program shall be submitted to the | ||
Department or the MCE in which the individual is enrolled for | ||
payment and shall be reimbursed at the Department's or the | ||
MCE's established rates or rate methodologies for eyeglasses. | ||
On and after July 1, 2012, the Department of Healthcare and |
Family Services may provide the following services to
persons
| ||
eligible for assistance under this Article who are | ||
participating in
education, training or employment programs | ||
operated by the Department of Human
Services as successor to | ||
the Department of Public Aid:
| ||
(1) dental services provided by or under the | ||
supervision of a dentist; and
| ||
(2) eyeglasses prescribed by a physician skilled in the | ||
diseases of the
eye, or by an optometrist, whichever the | ||
person may select.
| ||
Notwithstanding any other provision of this Code and | ||
subject to federal approval, the Department may adopt rules to | ||
allow a dentist who is volunteering his or her service at no | ||
cost to render dental services through an enrolled | ||
not-for-profit health clinic without the dentist personally | ||
enrolling as a participating provider in the medical assistance | ||
program. A not-for-profit health clinic shall include a public | ||
health clinic or Federally Qualified Health Center or other | ||
enrolled provider, as determined by the Department, through | ||
which dental services covered under this Section are performed. | ||
The Department shall establish a process for payment of claims | ||
for reimbursement for covered dental services rendered under | ||
this provision. | ||
The Illinois Department, by rule, may distinguish and | ||
classify the
medical services to be provided only in accordance | ||
with the classes of
persons designated in Section 5-2.
|
The Department of Healthcare and Family Services must | ||
provide coverage and reimbursement for amino acid-based | ||
elemental formulas, regardless of delivery method, for the | ||
diagnosis and treatment of (i) eosinophilic disorders and (ii) | ||
short bowel syndrome when the prescribing physician has issued | ||
a written order stating that the amino acid-based elemental | ||
formula is medically necessary.
| ||
The Illinois Department shall authorize the provision of, | ||
and shall
authorize payment for, screening by low-dose | ||
mammography for the presence of
occult breast cancer for women | ||
35 years of age or older who are eligible
for medical | ||
assistance under this Article, as follows: | ||
(A) A baseline
mammogram for women 35 to 39 years of | ||
age.
| ||
(B) An annual mammogram for women 40 years of age or | ||
older. | ||
(C) A mammogram at the age and intervals considered | ||
medically necessary by the woman's health care provider for | ||
women under 40 years of age and having a family history of | ||
breast cancer, prior personal history of breast cancer, | ||
positive genetic testing, or other risk factors. | ||
(D) A comprehensive ultrasound screening and MRI of an | ||
entire breast or breasts if a mammogram demonstrates | ||
heterogeneous or dense breast tissue, when medically | ||
necessary as determined by a physician licensed to practice | ||
medicine in all of its branches. |
(E) A screening MRI when medically necessary, as | ||
determined by a physician licensed to practice medicine in | ||
all of its branches. | ||
All screenings
shall
include a physical breast exam, | ||
instruction on self-examination and
information regarding the | ||
frequency of self-examination and its value as a
preventative | ||
tool. For purposes of this Section, "low-dose mammography" | ||
means
the x-ray examination of the breast using equipment | ||
dedicated specifically
for mammography, including the x-ray | ||
tube, filter, compression device,
and image receptor, with an | ||
average radiation exposure delivery
of less than one rad per | ||
breast for 2 views of an average size breast.
The term also | ||
includes digital mammography and includes breast | ||
tomosynthesis. As used in this Section, the term "breast | ||
tomosynthesis" means a radiologic procedure that involves the | ||
acquisition of projection images over the stationary breast to | ||
produce cross-sectional digital three-dimensional images of | ||
the breast. If, at any time, the Secretary of the United States | ||
Department of Health and Human Services, or its successor | ||
agency, promulgates rules or regulations to be published in the | ||
Federal Register or publishes a comment in the Federal Register | ||
or issues an opinion, guidance, or other action that would | ||
require the State, pursuant to any provision of the Patient | ||
Protection and Affordable Care Act (Public Law 111-148), | ||
including, but not limited to, 42 U.S.C. 18031(d)(3)(B) or any | ||
successor provision, to defray the cost of any coverage for |
breast tomosynthesis outlined in this paragraph, then the | ||
requirement that an insurer cover breast tomosynthesis is | ||
inoperative other than any such coverage authorized under | ||
Section 1902 of the Social Security Act, 42 U.S.C. 1396a, and | ||
the State shall not assume any obligation for the cost of | ||
coverage for breast tomosynthesis set forth in this paragraph.
| ||
On and after January 1, 2016, the Department shall ensure | ||
that all networks of care for adult clients of the Department | ||
include access to at least one breast imaging Center of Imaging | ||
Excellence as certified by the American College of Radiology. | ||
On and after January 1, 2012, providers participating in a | ||
quality improvement program approved by the Department shall be | ||
reimbursed for screening and diagnostic mammography at the same | ||
rate as the Medicare program's rates, including the increased | ||
reimbursement for digital mammography. | ||
The Department shall convene an expert panel including | ||
representatives of hospitals, free-standing mammography | ||
facilities, and doctors, including radiologists, to establish | ||
quality standards for mammography. | ||
On and after January 1, 2017, providers participating in a | ||
breast cancer treatment quality improvement program approved | ||
by the Department shall be reimbursed for breast cancer | ||
treatment at a rate that is no lower than 95% of the Medicare | ||
program's rates for the data elements included in the breast | ||
cancer treatment quality program. | ||
The Department shall convene an expert panel, including |
representatives of hospitals, free standing breast cancer | ||
treatment centers, breast cancer quality organizations, and | ||
doctors, including breast surgeons, reconstructive breast | ||
surgeons, oncologists, and primary care providers to establish | ||
quality standards for breast cancer treatment. | ||
Subject to federal approval, the Department shall | ||
establish a rate methodology for mammography at federally | ||
qualified health centers and other encounter-rate clinics. | ||
These clinics or centers may also collaborate with other | ||
hospital-based mammography facilities. By January 1, 2016, the | ||
Department shall report to the General Assembly on the status | ||
of the provision set forth in this paragraph. | ||
The Department shall establish a methodology to remind | ||
women who are age-appropriate for screening mammography, but | ||
who have not received a mammogram within the previous 18 | ||
months, of the importance and benefit of screening mammography. | ||
The Department shall work with experts in breast cancer | ||
outreach and patient navigation to optimize these reminders and | ||
shall establish a methodology for evaluating their | ||
effectiveness and modifying the methodology based on the | ||
evaluation. | ||
The Department shall establish a performance goal for | ||
primary care providers with respect to their female patients | ||
over age 40 receiving an annual mammogram. This performance | ||
goal shall be used to provide additional reimbursement in the | ||
form of a quality performance bonus to primary care providers |
who meet that goal. | ||
The Department shall devise a means of case-managing or | ||
patient navigation for beneficiaries diagnosed with breast | ||
cancer. This program shall initially operate as a pilot program | ||
in areas of the State with the highest incidence of mortality | ||
related to breast cancer. At least one pilot program site shall | ||
be in the metropolitan Chicago area and at least one site shall | ||
be outside the metropolitan Chicago area. On or after July 1, | ||
2016, the pilot program shall be expanded to include one site | ||
in western Illinois, one site in southern Illinois, one site in | ||
central Illinois, and 4 sites within metropolitan Chicago. An | ||
evaluation of the pilot program shall be carried out measuring | ||
health outcomes and cost of care for those served by the pilot | ||
program compared to similarly situated patients who are not | ||
served by the pilot program. | ||
The Department shall require all networks of care to | ||
develop a means either internally or by contract with experts | ||
in navigation and community outreach to navigate cancer | ||
patients to comprehensive care in a timely fashion. The | ||
Department shall require all networks of care to include access | ||
for patients diagnosed with cancer to at least one academic | ||
commission on cancer-accredited cancer program as an | ||
in-network covered benefit. | ||
Any medical or health care provider shall immediately | ||
recommend, to
any pregnant woman who is being provided prenatal | ||
services and is suspected
of drug abuse or is addicted as |
defined in the Alcoholism and Other Drug Abuse
and Dependency | ||
Act, referral to a local substance abuse treatment provider
| ||
licensed by the Department of Human Services or to a licensed
| ||
hospital which provides substance abuse treatment services. | ||
The Department of Healthcare and Family Services
shall assure | ||
coverage for the cost of treatment of the drug abuse or
| ||
addiction for pregnant recipients in accordance with the | ||
Illinois Medicaid
Program in conjunction with the Department of | ||
Human Services.
| ||
All medical providers providing medical assistance to | ||
pregnant women
under this Code shall receive information from | ||
the Department on the
availability of services under the Drug | ||
Free Families with a Future or any
comparable program providing | ||
case management services for addicted women,
including | ||
information on appropriate referrals for other social services
| ||
that may be needed by addicted women in addition to treatment | ||
for addiction.
| ||
The Illinois Department, in cooperation with the | ||
Departments of Human
Services (as successor to the Department | ||
of Alcoholism and Substance
Abuse) and Public Health, through a | ||
public awareness campaign, may
provide information concerning | ||
treatment for alcoholism and drug abuse and
addiction, prenatal | ||
health care, and other pertinent programs directed at
reducing | ||
the number of drug-affected infants born to recipients of | ||
medical
assistance.
| ||
Neither the Department of Healthcare and Family Services |
nor the Department of Human
Services shall sanction the | ||
recipient solely on the basis of
her substance abuse.
| ||
The Illinois Department shall establish such regulations | ||
governing
the dispensing of health services under this Article | ||
as it shall deem
appropriate. The Department
should
seek the | ||
advice of formal professional advisory committees appointed by
| ||
the Director of the Illinois Department for the purpose of | ||
providing regular
advice on policy and administrative matters, | ||
information dissemination and
educational activities for | ||
medical and health care providers, and
consistency in | ||
procedures to the Illinois Department.
| ||
The Illinois Department may develop and contract with | ||
Partnerships of
medical providers to arrange medical services | ||
for persons eligible under
Section 5-2 of this Code. | ||
Implementation of this Section may be by
demonstration projects | ||
in certain geographic areas. The Partnership shall
be | ||
represented by a sponsor organization. The Department, by rule, | ||
shall
develop qualifications for sponsors of Partnerships. | ||
Nothing in this
Section shall be construed to require that the | ||
sponsor organization be a
medical organization.
| ||
The sponsor must negotiate formal written contracts with | ||
medical
providers for physician services, inpatient and | ||
outpatient hospital care,
home health services, treatment for | ||
alcoholism and substance abuse, and
other services determined | ||
necessary by the Illinois Department by rule for
delivery by | ||
Partnerships. Physician services must include prenatal and
|
obstetrical care. The Illinois Department shall reimburse | ||
medical services
delivered by Partnership providers to clients | ||
in target areas according to
provisions of this Article and the | ||
Illinois Health Finance Reform Act,
except that:
| ||
(1) Physicians participating in a Partnership and | ||
providing certain
services, which shall be determined by | ||
the Illinois Department, to persons
in areas covered by the | ||
Partnership may receive an additional surcharge
for such | ||
services.
| ||
(2) The Department may elect to consider and negotiate | ||
financial
incentives to encourage the development of | ||
Partnerships and the efficient
delivery of medical care.
| ||
(3) Persons receiving medical services through | ||
Partnerships may receive
medical and case management | ||
services above the level usually offered
through the | ||
medical assistance program.
| ||
Medical providers shall be required to meet certain | ||
qualifications to
participate in Partnerships to ensure the | ||
delivery of high quality medical
services. These | ||
qualifications shall be determined by rule of the Illinois
| ||
Department and may be higher than qualifications for | ||
participation in the
medical assistance program. Partnership | ||
sponsors may prescribe reasonable
additional qualifications | ||
for participation by medical providers, only with
the prior | ||
written approval of the Illinois Department.
| ||
Nothing in this Section shall limit the free choice of |
practitioners,
hospitals, and other providers of medical | ||
services by clients.
In order to ensure patient freedom of | ||
choice, the Illinois Department shall
immediately promulgate | ||
all rules and take all other necessary actions so that
provided | ||
services may be accessed from therapeutically certified | ||
optometrists
to the full extent of the Illinois Optometric | ||
Practice Act of 1987 without
discriminating between service | ||
providers.
| ||
The Department shall apply for a waiver from the United | ||
States Health
Care Financing Administration to allow for the | ||
implementation of
Partnerships under this Section.
| ||
The Illinois Department shall require health care | ||
providers to maintain
records that document the medical care | ||
and services provided to recipients
of Medical Assistance under | ||
this Article. Such records must be retained for a period of not | ||
less than 6 years from the date of service or as provided by | ||
applicable State law, whichever period is longer, except that | ||
if an audit is initiated within the required retention period | ||
then the records must be retained until the audit is completed | ||
and every exception is resolved. The Illinois Department shall
| ||
require health care providers to make available, when | ||
authorized by the
patient, in writing, the medical records in a | ||
timely fashion to other
health care providers who are treating | ||
or serving persons eligible for
Medical Assistance under this | ||
Article. All dispensers of medical services
shall be required | ||
to maintain and retain business and professional records
|
sufficient to fully and accurately document the nature, scope, | ||
details and
receipt of the health care provided to persons | ||
eligible for medical
assistance under this Code, in accordance | ||
with regulations promulgated by
the Illinois Department. The | ||
rules and regulations shall require that proof
of the receipt | ||
of prescription drugs, dentures, prosthetic devices and
| ||
eyeglasses by eligible persons under this Section accompany | ||
each claim
for reimbursement submitted by the dispenser of such | ||
medical services.
No such claims for reimbursement shall be | ||
approved for payment by the Illinois
Department without such | ||
proof of receipt, unless the Illinois Department
shall have put | ||
into effect and shall be operating a system of post-payment
| ||
audit and review which shall, on a sampling basis, be deemed | ||
adequate by
the Illinois Department to assure that such drugs, | ||
dentures, prosthetic
devices and eyeglasses for which payment | ||
is being made are actually being
received by eligible | ||
recipients. Within 90 days after September 16, 1984 (the | ||
effective date of Public Act 83-1439), the Illinois Department | ||
shall establish a
current list of acquisition costs for all | ||
prosthetic devices and any
other items recognized as medical | ||
equipment and supplies reimbursable under
this Article and | ||
shall update such list on a quarterly basis, except that
the | ||
acquisition costs of all prescription drugs shall be updated no
| ||
less frequently than every 30 days as required by Section | ||
5-5.12.
| ||
Notwithstanding any other law to the contrary, the Illinois |
Department shall, within 365 days after July 22, 2013 (the | ||
effective date of Public Act 98-104), establish procedures to | ||
permit skilled care facilities licensed under the Nursing Home | ||
Care Act to submit monthly billing claims for reimbursement | ||
purposes. Following development of these procedures, the | ||
Department shall, by July 1, 2016, test the viability of the | ||
new system and implement any necessary operational or | ||
structural changes to its information technology platforms in | ||
order to allow for the direct acceptance and payment of nursing | ||
home claims. | ||
Notwithstanding any other law to the contrary, the Illinois | ||
Department shall, within 365 days after August 15, 2014 (the | ||
effective date of Public Act 98-963), establish procedures to | ||
permit ID/DD facilities licensed under the ID/DD Community Care | ||
Act and MC/DD facilities licensed under the MC/DD Act to submit | ||
monthly billing claims for reimbursement purposes. Following | ||
development of these procedures, the Department shall have an | ||
additional 365 days to test the viability of the new system and | ||
to ensure that any necessary operational or structural changes | ||
to its information technology platforms are implemented. | ||
The Illinois Department shall require all dispensers of | ||
medical
services, other than an individual practitioner or | ||
group of practitioners,
desiring to participate in the Medical | ||
Assistance program
established under this Article to disclose | ||
all financial, beneficial,
ownership, equity, surety or other | ||
interests in any and all firms,
corporations, partnerships, |
associations, business enterprises, joint
ventures, agencies, | ||
institutions or other legal entities providing any
form of | ||
health care services in this State under this Article.
| ||
The Illinois Department may require that all dispensers of | ||
medical
services desiring to participate in the medical | ||
assistance program
established under this Article disclose, | ||
under such terms and conditions as
the Illinois Department may | ||
by rule establish, all inquiries from clients
and attorneys | ||
regarding medical bills paid by the Illinois Department, which
| ||
inquiries could indicate potential existence of claims or liens | ||
for the
Illinois Department.
| ||
Enrollment of a vendor
shall be
subject to a provisional | ||
period and shall be conditional for one year. During the period | ||
of conditional enrollment, the Department may
terminate the | ||
vendor's eligibility to participate in, or may disenroll the | ||
vendor from, the medical assistance
program without cause. | ||
Unless otherwise specified, such termination of eligibility or | ||
disenrollment is not subject to the
Department's hearing | ||
process.
However, a disenrolled vendor may reapply without | ||
penalty.
| ||
The Department has the discretion to limit the conditional | ||
enrollment period for vendors based upon category of risk of | ||
the vendor. | ||
Prior to enrollment and during the conditional enrollment | ||
period in the medical assistance program, all vendors shall be | ||
subject to enhanced oversight, screening, and review based on |
the risk of fraud, waste, and abuse that is posed by the | ||
category of risk of the vendor. The Illinois Department shall | ||
establish the procedures for oversight, screening, and review, | ||
which may include, but need not be limited to: criminal and | ||
financial background checks; fingerprinting; license, | ||
certification, and authorization verifications; unscheduled or | ||
unannounced site visits; database checks; prepayment audit | ||
reviews; audits; payment caps; payment suspensions; and other | ||
screening as required by federal or State law. | ||
The Department shall define or specify the following: (i) | ||
by provider notice, the "category of risk of the vendor" for | ||
each type of vendor, which shall take into account the level of | ||
screening applicable to a particular category of vendor under | ||
federal law and regulations; (ii) by rule or provider notice, | ||
the maximum length of the conditional enrollment period for | ||
each category of risk of the vendor; and (iii) by rule, the | ||
hearing rights, if any, afforded to a vendor in each category | ||
of risk of the vendor that is terminated or disenrolled during | ||
the conditional enrollment period. | ||
To be eligible for payment consideration, a vendor's | ||
payment claim or bill, either as an initial claim or as a | ||
resubmitted claim following prior rejection, must be received | ||
by the Illinois Department, or its fiscal intermediary, no | ||
later than 180 days after the latest date on the claim on which | ||
medical goods or services were provided, with the following | ||
exceptions: |
(1) In the case of a provider whose enrollment is in | ||
process by the Illinois Department, the 180-day period | ||
shall not begin until the date on the written notice from | ||
the Illinois Department that the provider enrollment is | ||
complete. | ||
(2) In the case of errors attributable to the Illinois | ||
Department or any of its claims processing intermediaries | ||
which result in an inability to receive, process, or | ||
adjudicate a claim, the 180-day period shall not begin | ||
until the provider has been notified of the error. | ||
(3) In the case of a provider for whom the Illinois | ||
Department initiates the monthly billing process. | ||
(4) In the case of a provider operated by a unit of | ||
local government with a population exceeding 3,000,000 | ||
when local government funds finance federal participation | ||
for claims payments. | ||
For claims for services rendered during a period for which | ||
a recipient received retroactive eligibility, claims must be | ||
filed within 180 days after the Department determines the | ||
applicant is eligible. For claims for which the Illinois | ||
Department is not the primary payer, claims must be submitted | ||
to the Illinois Department within 180 days after the final | ||
adjudication by the primary payer. | ||
In the case of long term care facilities, within 45 | ||
calendar days of receipt by the facility of required | ||
prescreening information, new admissions with associated |
admission documents shall be submitted through the Medical | ||
Electronic Data Interchange (MEDI) or the Recipient | ||
Eligibility Verification (REV) System or shall be submitted | ||
directly to the Department of Human Services using required | ||
admission forms. Effective September
1, 2014, admission | ||
documents, including all prescreening
information, must be | ||
submitted through MEDI or REV. Confirmation numbers assigned to | ||
an accepted transaction shall be retained by a facility to | ||
verify timely submittal. Once an admission transaction has been | ||
completed, all resubmitted claims following prior rejection | ||
are subject to receipt no later than 180 days after the | ||
admission transaction has been completed. | ||
Claims that are not submitted and received in compliance | ||
with the foregoing requirements shall not be eligible for | ||
payment under the medical assistance program, and the State | ||
shall have no liability for payment of those claims. | ||
To the extent consistent with applicable information and | ||
privacy, security, and disclosure laws, State and federal | ||
agencies and departments shall provide the Illinois Department | ||
access to confidential and other information and data necessary | ||
to perform eligibility and payment verifications and other | ||
Illinois Department functions. This includes, but is not | ||
limited to: information pertaining to licensure; | ||
certification; earnings; immigration status; citizenship; wage | ||
reporting; unearned and earned income; pension income; | ||
employment; supplemental security income; social security |
numbers; National Provider Identifier (NPI) numbers; the | ||
National Practitioner Data Bank (NPDB); program and agency | ||
exclusions; taxpayer identification numbers; tax delinquency; | ||
corporate information; and death records. | ||
The Illinois Department shall enter into agreements with | ||
State agencies and departments, and is authorized to enter into | ||
agreements with federal agencies and departments, under which | ||
such agencies and departments shall share data necessary for | ||
medical assistance program integrity functions and oversight. | ||
The Illinois Department shall develop, in cooperation with | ||
other State departments and agencies, and in compliance with | ||
applicable federal laws and regulations, appropriate and | ||
effective methods to share such data. At a minimum, and to the | ||
extent necessary to provide data sharing, the Illinois | ||
Department shall enter into agreements with State agencies and | ||
departments, and is authorized to enter into agreements with | ||
federal agencies and departments, including but not limited to: | ||
the Secretary of State; the Department of Revenue; the | ||
Department of Public Health; the Department of Human Services; | ||
and the Department of Financial and Professional Regulation. | ||
Beginning in fiscal year 2013, the Illinois Department | ||
shall set forth a request for information to identify the | ||
benefits of a pre-payment, post-adjudication, and post-edit | ||
claims system with the goals of streamlining claims processing | ||
and provider reimbursement, reducing the number of pending or | ||
rejected claims, and helping to ensure a more transparent |
adjudication process through the utilization of: (i) provider | ||
data verification and provider screening technology; and (ii) | ||
clinical code editing; and (iii) pre-pay, pre- or | ||
post-adjudicated predictive modeling with an integrated case | ||
management system with link analysis. Such a request for | ||
information shall not be considered as a request for proposal | ||
or as an obligation on the part of the Illinois Department to | ||
take any action or acquire any products or services. | ||
The Illinois Department shall establish policies, | ||
procedures,
standards and criteria by rule for the acquisition, | ||
repair and replacement
of orthotic and prosthetic devices and | ||
durable medical equipment. Such
rules shall provide, but not be | ||
limited to, the following services: (1)
immediate repair or | ||
replacement of such devices by recipients; and (2) rental, | ||
lease, purchase or lease-purchase of
durable medical equipment | ||
in a cost-effective manner, taking into
consideration the | ||
recipient's medical prognosis, the extent of the
recipient's | ||
needs, and the requirements and costs for maintaining such
| ||
equipment. Subject to prior approval, such rules shall enable a | ||
recipient to temporarily acquire and
use alternative or | ||
substitute devices or equipment pending repairs or
| ||
replacements of any device or equipment previously authorized | ||
for such
recipient by the Department. Notwithstanding any | ||
provision of Section 5-5f to the contrary, the Department may, | ||
by rule, exempt certain replacement wheelchair parts from prior | ||
approval and, for wheelchairs, wheelchair parts, wheelchair |
accessories, and related seating and positioning items, | ||
determine the wholesale price by methods other than actual | ||
acquisition costs. | ||
The Department shall require, by rule, all providers of | ||
durable medical equipment to be accredited by an accreditation | ||
organization approved by the federal Centers for Medicare and | ||
Medicaid Services and recognized by the Department in order to | ||
bill the Department for providing durable medical equipment to | ||
recipients. No later than 15 months after the effective date of | ||
the rule adopted pursuant to this paragraph, all providers must | ||
meet the accreditation requirement.
| ||
The Department shall execute, relative to the nursing home | ||
prescreening
project, written inter-agency agreements with the | ||
Department of Human
Services and the Department on Aging, to | ||
effect the following: (i) intake
procedures and common | ||
eligibility criteria for those persons who are receiving
| ||
non-institutional services; and (ii) the establishment and | ||
development of
non-institutional services in areas of the State | ||
where they are not currently
available or are undeveloped; and | ||
(iii) notwithstanding any other provision of law, subject to | ||
federal approval, on and after July 1, 2012, an increase in the | ||
determination of need (DON) scores from 29 to 37 for applicants | ||
for institutional and home and community-based long term care; | ||
if and only if federal approval is not granted, the Department | ||
may, in conjunction with other affected agencies, implement | ||
utilization controls or changes in benefit packages to |
effectuate a similar savings amount for this population; and | ||
(iv) no later than July 1, 2013, minimum level of care | ||
eligibility criteria for institutional and home and | ||
community-based long term care; and (v) no later than October | ||
1, 2013, establish procedures to permit long term care | ||
providers access to eligibility scores for individuals with an | ||
admission date who are seeking or receiving services from the | ||
long term care provider. In order to select the minimum level | ||
of care eligibility criteria, the Governor shall establish a | ||
workgroup that includes affected agency representatives and | ||
stakeholders representing the institutional and home and | ||
community-based long term care interests. This Section shall | ||
not restrict the Department from implementing lower level of | ||
care eligibility criteria for community-based services in | ||
circumstances where federal approval has been granted.
| ||
The Illinois Department shall develop and operate, in | ||
cooperation
with other State Departments and agencies and in | ||
compliance with
applicable federal laws and regulations, | ||
appropriate and effective
systems of health care evaluation and | ||
programs for monitoring of
utilization of health care services | ||
and facilities, as it affects
persons eligible for medical | ||
assistance under this Code.
| ||
The Illinois Department shall report annually to the | ||
General Assembly,
no later than the second Friday in April of | ||
1979 and each year
thereafter, in regard to:
| ||
(a) actual statistics and trends in utilization of |
medical services by
public aid recipients;
| ||
(b) actual statistics and trends in the provision of | ||
the various medical
services by medical vendors;
| ||
(c) current rate structures and proposed changes in | ||
those rate structures
for the various medical vendors; and
| ||
(d) efforts at utilization review and control by the | ||
Illinois Department.
| ||
The period covered by each report shall be the 3 years | ||
ending on the June
30 prior to the report. The report shall | ||
include suggested legislation
for consideration by the General | ||
Assembly. The filing of one copy of the
report with the | ||
Speaker, one copy with the Minority Leader and one copy
with | ||
the Clerk of the House of Representatives, one copy with the | ||
President,
one copy with the Minority Leader and one copy with | ||
the Secretary of the
Senate, one copy with the Legislative | ||
Research Unit, and such additional
copies
with the State | ||
Government Report Distribution Center for the General
Assembly | ||
as is required under paragraph (t) of Section 7 of the State
| ||
Library Act shall be deemed sufficient to comply with this | ||
Section.
| ||
Rulemaking authority to implement Public Act 95-1045, if | ||
any, is conditioned on the rules being adopted in accordance | ||
with all provisions of the Illinois Administrative Procedure | ||
Act and all rules and procedures of the Joint Committee on | ||
Administrative Rules; any purported rule not so adopted, for | ||
whatever reason, is unauthorized. |
On and after July 1, 2012, the Department shall reduce any | ||
rate of reimbursement for services or other payments or alter | ||
any methodologies authorized by this Code to reduce any rate of | ||
reimbursement for services or other payments in accordance with | ||
Section 5-5e. | ||
Because kidney transplantation can be an appropriate, cost | ||
effective
alternative to renal dialysis when medically | ||
necessary and notwithstanding the provisions of Section 1-11 of | ||
this Code, beginning October 1, 2014, the Department shall | ||
cover kidney transplantation for noncitizens with end-stage | ||
renal disease who are not eligible for comprehensive medical | ||
benefits, who meet the residency requirements of Section 5-3 of | ||
this Code, and who would otherwise meet the financial | ||
requirements of the appropriate class of eligible persons under | ||
Section 5-2 of this Code. To qualify for coverage of kidney | ||
transplantation, such person must be receiving emergency renal | ||
dialysis services covered by the Department. Providers under | ||
this Section shall be prior approved and certified by the | ||
Department to perform kidney transplantation and the services | ||
under this Section shall be limited to services associated with | ||
kidney transplantation. | ||
Notwithstanding any other provision of this Code to the | ||
contrary, on or after July 1, 2015, all FDA approved forms of | ||
medication assisted treatment prescribed for the treatment of | ||
alcohol dependence or treatment of opioid dependence shall be | ||
covered under both fee for service and managed care medical |
assistance programs for persons who are otherwise eligible for | ||
medical assistance under this Article and shall not be subject | ||
to any (1) utilization control, other than those established | ||
under the American Society of Addiction Medicine patient | ||
placement criteria,
(2) prior authorization mandate, or (3) | ||
lifetime restriction limit
mandate. | ||
On or after July 1, 2015, opioid antagonists prescribed for | ||
the treatment of an opioid overdose, including the medication | ||
product, administration devices, and any pharmacy fees related | ||
to the dispensing and administration of the opioid antagonist, | ||
shall be covered under the medical assistance program for | ||
persons who are otherwise eligible for medical assistance under | ||
this Article. As used in this Section, "opioid antagonist" | ||
means a drug that binds to opioid receptors and blocks or | ||
inhibits the effect of opioids acting on those receptors, | ||
including, but not limited to, naloxone hydrochloride or any | ||
other similarly acting drug approved by the U.S. Food and Drug | ||
Administration. | ||
Upon federal approval, the Department shall provide | ||
coverage and reimbursement for all drugs that are approved for | ||
marketing by the federal Food and Drug Administration and that | ||
are recommended by the federal Public Health Service or the | ||
United States Centers for Disease Control and Prevention for | ||
pre-exposure prophylaxis and related pre-exposure prophylaxis | ||
services, including, but not limited to, HIV and sexually | ||
transmitted infection screening, treatment for sexually |
transmitted infections, medical monitoring, assorted labs, and | ||
counseling to reduce the likelihood of HIV infection among | ||
individuals who are not infected with HIV but who are at high | ||
risk of HIV infection. | ||
(Source: P.A. 99-78, eff. 7-20-15; 99-180, eff. 7-29-15; | ||
99-236, eff. 8-3-15; 99-407 (see Section 20 of P.A. 99-588 for | ||
the effective date of P.A. 99-407); 99-433, eff. 8-21-15; | ||
99-480, eff. 9-9-15; 99-588, eff. 7-20-16; 99-642, eff. | ||
7-28-16; 99-772, eff. 1-1-17; 99-895, eff. 1-1-17; 100-201, | ||
eff. 8-18-17; 100-395, eff. 1-1-18; 100-449, eff. 1-1-18; | ||
100-538, eff. 1-1-18; revised 10-26-17.) | ||
(305 ILCS 5/5-8) (from Ch. 23, par. 5-8)
| ||
Sec. 5-8. Practitioners. In supplying medical assistance, | ||
the Illinois
Department may provide for the legally authorized | ||
services of (i) persons
licensed under the Medical Practice Act | ||
of 1987, as amended, except as
hereafter in this Section | ||
stated, whether under a
general or limited license, (ii) | ||
persons licensed under the Nurse Practice Act as advanced | ||
practice registered nurses, regardless of whether or not the | ||
persons have written collaborative agreements, (iii) persons | ||
licensed or registered
under
other laws of this State to | ||
provide dental, medical, pharmaceutical,
optometric, | ||
podiatric, or nursing services, or other remedial care
| ||
recognized under State law, (iv) persons licensed under other | ||
laws of
this State as a clinical social worker, and (v) persons |
licensed under other laws of this State as physician | ||
assistants. The Department shall adopt rules, no later than 90 | ||
days after January 1, 2017 ( the effective date of Public Act | ||
99-621) this amendatory Act of the 99th General Assembly , for | ||
the legally authorized services of persons licensed under other | ||
laws of this State as a clinical social worker.
The
utilization | ||
of the services of persons engaged in the treatment or care of
| ||
the sick, which persons are not required to be licensed or | ||
registered under
the laws of this State, is not prohibited by | ||
this Section.
| ||
(Source: P.A. 99-173, eff. 7-29-15; 99-621, eff. 1-1-17; | ||
100-453, eff. 8-25-17; 100-513, eff. 1-1-18; 100-538, eff. | ||
1-1-18; revised 10-26-17.)
| ||
(305 ILCS 5/5-16.8)
| ||
Sec. 5-16.8. Required health benefits. The medical | ||
assistance program
shall
(i) provide the post-mastectomy care | ||
benefits required to be covered by a policy of
accident and | ||
health insurance under Section 356t and the coverage required
| ||
under Sections 356g.5, 356u, 356w, 356x, 356z.6, and 356z.26 | ||
356z.25 of the Illinois
Insurance Code and (ii) be subject to | ||
the provisions of Sections 356z.19, 364.01, 370c, and 370c.1 of | ||
the Illinois
Insurance Code.
| ||
On and after July 1, 2012, the Department shall reduce any | ||
rate of reimbursement for services or other payments or alter | ||
any methodologies authorized by this Code to reduce any rate of |
reimbursement for services or other payments in accordance with | ||
Section 5-5e. | ||
To ensure full access to the benefits set forth in this | ||
Section, on and after January 1, 2016, the Department shall | ||
ensure that provider and hospital reimbursement for | ||
post-mastectomy care benefits required under this Section are | ||
no lower than the Medicare reimbursement rate. | ||
(Source: P.A. 99-433, eff. 8-21-15; 99-480, eff. 9-9-15; | ||
99-642, eff. 7-28-16; 100-138, eff. 8-18-17; revised 1-29-18.)
| ||
(305 ILCS 5/5A-8) (from Ch. 23, par. 5A-8)
| ||
Sec. 5A-8. Hospital Provider Fund.
| ||
(a) There is created in the State Treasury the Hospital | ||
Provider Fund.
Interest earned by the Fund shall be credited to | ||
the Fund. The
Fund shall not be used to replace any moneys | ||
appropriated to the
Medicaid program by the General Assembly.
| ||
(b) The Fund is created for the purpose of receiving moneys
| ||
in accordance with Section 5A-6 and disbursing moneys only for | ||
the following
purposes, notwithstanding any other provision of | ||
law:
| ||
(1) For making payments to hospitals as required under | ||
this Code, under the Children's Health Insurance Program | ||
Act, under the Covering ALL KIDS Health Insurance Act, and | ||
under the Long Term Acute Care Hospital Quality Improvement | ||
Transfer Program Act.
| ||
(2) For the reimbursement of moneys collected by the
|
Illinois Department from hospitals or hospital providers | ||
through error or
mistake in performing the
activities | ||
authorized under this Code.
| ||
(3) For payment of administrative expenses incurred by | ||
the
Illinois Department or its agent in performing | ||
activities
under this Code, under the Children's Health | ||
Insurance Program Act, under the Covering ALL KIDS Health | ||
Insurance Act, and under the Long Term Acute Care Hospital | ||
Quality Improvement Transfer Program Act.
| ||
(4) For payments of any amounts which are reimbursable | ||
to
the federal government for payments from this Fund which | ||
are
required to be paid by State warrant.
| ||
(5) For making transfers, as those transfers are | ||
authorized
in the proceedings authorizing debt under the | ||
Short Term Borrowing Act,
but transfers made under this | ||
paragraph (5) shall not exceed the
principal amount of debt | ||
issued in anticipation of the receipt by
the State of | ||
moneys to be deposited into the Fund.
| ||
(6) For making transfers to any other fund in the State | ||
treasury, but
transfers made under this paragraph (6) shall | ||
not exceed the amount transferred
previously from that | ||
other fund into the Hospital Provider Fund plus any | ||
interest that would have been earned by that fund on the | ||
monies that had been transferred.
| ||
(6.5) For making transfers to the Healthcare Provider | ||
Relief Fund, except that transfers made under this |
paragraph (6.5) shall not exceed $60,000,000 in the | ||
aggregate. | ||
(7) For making transfers not exceeding the following | ||
amounts, related to State fiscal years 2013 through 2018, | ||
to the following designated funds: | ||
Health and Human Services Medicaid Trust | ||
Fund ..............................$20,000,000 | ||
Long-Term Care Provider Fund ..........$30,000,000 | ||
General Revenue Fund .................$80,000,000. | ||
Transfers under this paragraph shall be made within 7 days | ||
after the payments have been received pursuant to the | ||
schedule of payments provided in subsection (a) of Section | ||
5A-4. | ||
(7.1) (Blank).
| ||
(7.5) (Blank). | ||
(7.8) (Blank). | ||
(7.9) (Blank). | ||
(7.10) For State fiscal year 2014, for making transfers | ||
of the moneys resulting from the assessment under | ||
subsection (b-5) of Section 5A-2 and received from hospital | ||
providers under Section 5A-4 and transferred into the | ||
Hospital Provider Fund under Section 5A-6 to the designated | ||
funds not exceeding the following amounts in that State | ||
fiscal year: | ||
Healthcare Provider Relief Fund ......$100,000,000 | ||
Transfers under this paragraph shall be made within 7 |
days after the payments have been received pursuant to the | ||
schedule of payments provided in subsection (a) of Section | ||
5A-4. | ||
The additional amount of transfers in this paragraph | ||
(7.10), authorized by Public Act 98-651, shall be made | ||
within 10 State business days after June 16, 2014 (the | ||
effective date of Public Act 98-651). That authority shall | ||
remain in effect even if Public Act 98-651 does not become | ||
law until State fiscal year 2015. | ||
(7.10a) For State fiscal years 2015 through 2018, for | ||
making transfers of the moneys resulting from the | ||
assessment under subsection (b-5) of Section 5A-2 and | ||
received from hospital providers under Section 5A-4 and | ||
transferred into the Hospital Provider Fund under Section | ||
5A-6 to the designated funds not exceeding the following | ||
amounts related to each State fiscal year: | ||
Healthcare Provider Relief Fund ......$50,000,000 | ||
Transfers under this paragraph shall be made within 7 | ||
days after the payments have been received pursuant to the | ||
schedule of payments provided in subsection (a) of Section | ||
5A-4. | ||
(7.11) (Blank). | ||
(7.12) For State fiscal year 2013, for increasing by | ||
21/365ths the transfer of the moneys resulting from the | ||
assessment under subsection (b-5) of Section 5A-2 and | ||
received from hospital providers under Section 5A-4 for the |
portion of State fiscal year 2012 beginning June 10, 2012 | ||
through June 30, 2012 and transferred into the Hospital | ||
Provider Fund under Section 5A-6 to the designated funds | ||
not exceeding the following amounts in that State fiscal | ||
year: | ||
Healthcare Provider Relief Fund .......$2,870,000 | ||
Since the federal Centers for Medicare and Medicaid | ||
Services approval of the assessment authorized under | ||
subsection (b-5) of Section 5A-2, received from hospital | ||
providers under Section 5A-4 and the payment methodologies | ||
to hospitals required under Section 5A-12.4 was not | ||
received by the Department until State fiscal year 2014 and | ||
since the Department made retroactive payments during | ||
State fiscal year 2014 related to the referenced period of | ||
June 2012, the transfer authority granted in this paragraph | ||
(7.12) is extended through the date that is 10 State | ||
business days after June 16, 2014 (the effective date of | ||
Public Act 98-651). | ||
(7.13) In addition to any other transfers authorized | ||
under this Section, for State fiscal years 2017 and 2018, | ||
for making transfers to the Healthcare Provider Relief Fund | ||
of moneys collected from the ACA Assessment Adjustment | ||
authorized under subsections (a) and (b-5) of Section 5A-2 | ||
and paid by hospital providers under Section 5A-4 into the | ||
Hospital Provider Fund under Section 5A-6 for each State | ||
fiscal year. Timing of transfers to the Healthcare Provider |
Relief Fund under this paragraph shall be at the discretion | ||
of the Department, but no less frequently than quarterly. | ||
(8) For making refunds to hospital providers pursuant | ||
to Section 5A-10.
| ||
(9) For making payment to capitated managed care | ||
organizations as described in subsections (s) and (t) of | ||
Section 5A-12.2 of this Code. | ||
Disbursements from the Fund, other than transfers | ||
authorized under
paragraphs (5) and (6) of this subsection, | ||
shall be by
warrants drawn by the State Comptroller upon | ||
receipt of vouchers
duly executed and certified by the Illinois | ||
Department.
| ||
(c) The Fund shall consist of the following:
| ||
(1) All moneys collected or received by the Illinois
| ||
Department from the hospital provider assessment imposed | ||
by this
Article.
| ||
(2) All federal matching funds received by the Illinois
| ||
Department as a result of expenditures made by the Illinois
| ||
Department that are attributable to moneys deposited in the | ||
Fund.
| ||
(3) Any interest or penalty levied in conjunction with | ||
the
administration of this Article.
| ||
(3.5) As applicable, proceeds from surety bond | ||
payments payable to the Department as referenced in | ||
subsection (s) of Section 5A-12.2 of this Code. | ||
(4) Moneys transferred from another fund in the State |
treasury.
| ||
(5) All other moneys received for the Fund from any | ||
other
source, including interest earned thereon.
| ||
(d) (Blank).
| ||
(Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13; | ||
98-651, eff. 6-16-14; 98-756, eff. 7-16-14; 99-78, eff. | ||
7-20-15; 99-516, eff. 6-30-16; 99-933, eff. 1-27-17; revised | ||
2-15-17.)
| ||
(305 ILCS 5/6-1.3) (from Ch. 23, par. 6-1.3)
| ||
Sec. 6-1.3. Utilization of aid available under other | ||
provisions of
Code. The person must have been determined | ||
ineligible for aid under the
federally funded programs to aid | ||
refugees and Articles
III, IV or V. Nothing in this Section | ||
shall prevent the use of General
Assistance funds to pay any | ||
portion of the costs of care and maintenance
in a residential | ||
drug abuse treatment program licensed by the Department
of | ||
Human Services, or in a County
Nursing Home,
or in a private | ||
nursing home, retirement home or other facility for
the care of | ||
the elderly, of a person otherwise eligible to receive General
| ||
Assistance except for the provisions of this paragraph.
| ||
A person otherwise eligible for aid under the federally | ||
funded programs
to aid refugees or Articles III, IV or V who
| ||
fails or refuses to comply with provisions of this Code or | ||
other laws, or
rules and regulations of the Illinois | ||
Department, which would qualify him
for aid under those |
programs or Articles, shall not receive General
Assistance | ||
under this Article nor shall any of his dependents whose
| ||
eligibility is contingent upon such compliance receive General | ||
Assistance.
| ||
Persons and families who are ineligible for aid under | ||
Article IV due to
having received benefits under Article IV for | ||
any maximum time limits set under
the Illinois Temporary | ||
Assistance for to Needy Families (TANF) Plan shall not be
| ||
eligible for General Assistance under this Article unless the | ||
Illinois
Department or the local governmental unit, by rule, | ||
specifies that those
persons
or families may be eligible.
| ||
(Source: P.A. 89-507, eff. 7-1-97; 90-17, eff. 7-1-97; revised | ||
10-4-17.)
| ||
(305 ILCS 5/11-6) (from Ch. 23, par. 11-6)
| ||
Sec. 11-6. Decisions on applications. Within 10 days after | ||
a decision is
reached on an application, the applicant
shall be | ||
notified in writing of the decision. If the applicant resides | ||
in a facility licensed under the Nursing Home Care Act or a | ||
supportive living facility authorized under Section 5-5.01a, | ||
the facility shall also receive written notice of the decision, | ||
provided that the notification is related to a Department | ||
payment for services received by the applicant in the facility. | ||
Only facilities enrolled in and subject to a provider agreement | ||
under the medical assistance program under Article V may | ||
receive such notices of decisions. The Department shall
|
consider eligibility for, and the notice shall contain a | ||
decision on, each
of the following assistance programs for | ||
which the client may be
eligible based on the information | ||
contained in the application: Temporary
Assistance for to Needy | ||
Families, Medical Assistance, Aid to the Aged, Blind
and | ||
Disabled, General Assistance (in the City of Chicago), and food | ||
stamps. No
decision shall be required for any
assistance | ||
program for which the applicant has expressly declined in
| ||
writing to apply. If the applicant is determined to
be | ||
eligible, the notice shall include a statement of the
amount of | ||
financial aid to be provided and a statement of the reasons for
| ||
any partial grant amounts. If the applicant is determined
| ||
ineligible for any public assistance the notice shall include | ||
the reason
why the applicant is ineligible. If the application | ||
for any public
assistance is denied, the notice shall include a | ||
statement defining the
applicant's right to appeal the | ||
decision.
The Illinois Department, by rule, shall determine the | ||
date on which
assistance shall begin for applicants determined | ||
eligible. That date may be
no later than 30 days after the date | ||
of the application.
| ||
Under no circumstances may any application be denied solely | ||
to meet an
application-processing deadline.
| ||
(Source: P.A. 96-206, eff. 1-1-10; revised 10-4-17.)
| ||
(305 ILCS 5/12-5) (from Ch. 23, par. 12-5)
| ||
Sec. 12-5. Appropriations; uses; federal grants; report to
|
General Assembly. From the sums appropriated by the General | ||
Assembly,
the Illinois Department shall order for payment by | ||
warrant from the State
Treasury grants for public aid under | ||
Articles III, IV, and V,
including
grants for funeral and | ||
burial expenses, and all costs of administration of
the | ||
Illinois Department and the County Departments relating | ||
thereto. Moneys
appropriated to the Illinois Department for | ||
public aid under Article VI may
be used, with the consent of | ||
the Governor, to co-operate
with federal, State, and local | ||
agencies in the development of work
projects designed to | ||
provide suitable employment for persons receiving
public aid | ||
under Article VI. The Illinois Department, with the consent
of | ||
the Governor, may be the agent of the State for the receipt and
| ||
disbursement of federal funds or commodities for public aid | ||
purposes
under Article VI and for related purposes in which the
| ||
co-operation of the Illinois Department is sought by the | ||
federal
government, and, in connection therewith, may make | ||
necessary
expenditures from moneys appropriated for public aid | ||
under any Article
of this Code and for administration. The | ||
Illinois Department, with the
consent of the Governor, may be | ||
the agent of the State for the receipt and
disbursement of | ||
federal funds pursuant to the Immigration Reform and
Control | ||
Act of 1986 and may make necessary expenditures from monies
| ||
appropriated to it for operations, administration, and grants, | ||
including
payment to the Health Insurance Reserve Fund for | ||
group insurance costs at
the rate certified by the Department |
of Central Management Services. All
amounts received by the | ||
Illinois Department pursuant to the Immigration Reform
and | ||
Control Act of 1986 shall be deposited in the Immigration | ||
Reform and
Control Fund. All amounts received into the | ||
Immigration Reform and Control
Fund as reimbursement for | ||
expenditures from the General Revenue Fund shall be
transferred | ||
to the General Revenue Fund.
| ||
All grants received by the Illinois Department for programs | ||
funded by the
Federal Social Services Block Grant shall be | ||
deposited in the Social Services
Block Grant Fund. All funds | ||
received into the Social Services Block Grant Fund
as | ||
reimbursement for expenditures from the General Revenue Fund | ||
shall be
transferred to the General Revenue Fund. All funds | ||
received into the Social
Services Block Grant fund for | ||
reimbursement for expenditure out of the Local
Initiative Fund | ||
shall be transferred into the Local Initiative Fund. Any other
| ||
federal funds received into the Social Services Block Grant | ||
Fund shall be
transferred to the DHS Special Purposes Trust | ||
Fund. All federal funds received by
the Illinois Department as | ||
reimbursement for Employment and Training Programs
for | ||
expenditures made by the Illinois Department from grants, | ||
gifts, or
legacies as provided in Section 12-4.18 or made by an | ||
entity other than the
Illinois Department and all federal funds | ||
received from the Emergency Contingency Fund for State | ||
Temporary Assistance for Needy Families Programs established | ||
by the American Recovery and Reinvestment Act of 2009 shall be |
deposited into the Employment and Training Fund.
| ||
Eighty percent of the federal financial participation | ||
funds received by the
Illinois Department under the Title IV-A | ||
Emergency Assistance program as
reimbursement for expenditures | ||
made from the Illinois Department of Children
and Family | ||
Services appropriations for the costs of providing services in
| ||
behalf of Department of Children and Family Services clients | ||
shall be deposited
into the DCFS Children's Services
Fund.
| ||
All federal funds, except those covered by the foregoing 3
| ||
paragraphs, received as reimbursement for expenditures from | ||
the General Revenue
Fund shall be deposited in the General | ||
Revenue Fund for administrative and
distributive expenditures | ||
properly chargeable by federal law or regulation to
aid | ||
programs established under Articles III through XII and Titles | ||
IV, XVI, XIX
and XX of the Federal Social Security Act. Any | ||
other federal funds received by
the Illinois Department under | ||
Sections 12-4.6, 12-4.18 and
12-4.19 that are required by | ||
Section 12-10 of this Code to be paid into the
DHS Special | ||
Purposes Trust Fund shall be deposited into the DHS Special | ||
Purposes Trust
Fund. Any other federal funds received by the | ||
Illinois Department pursuant to
the Child Support Enforcement | ||
Program established by Title IV-D of the Social
Security Act | ||
shall be deposited in the Child Support Enforcement Trust Fund
| ||
as required under Section 12-10.2 or in the Child Support | ||
Administrative Fund as required under Section 12-10.2a of this | ||
Code. Any other federal funds received by the Illinois |
Department for
expenditures made under Title XIX of the Social | ||
Security Act and Articles
V and VI of this Code that are | ||
required by Section 15-2 of this Code
to be paid into the | ||
County Provider Trust Fund shall be deposited
into the County | ||
Provider Trust Fund. Any other federal funds received
by the | ||
Illinois Department for hospital
inpatient, hospital | ||
ambulatory care, and disproportionate share hospital
| ||
expenditures made under Title XIX of the Social Security Act | ||
and Article V of
this Code that are required by Section 5A-8 of | ||
this Code to be paid into the
Hospital Provider Fund shall be | ||
deposited into the Hospital Provider Fund. Any
other federal | ||
funds received by the Illinois Department for medical
| ||
assistance program expenditures made under Title XIX of the | ||
Social Security
Act and Article V of this Code that are | ||
required by Section 5B-8 of this
Code to be paid into the | ||
Long-Term Care Provider Fund shall be deposited
into the | ||
Long-Term Care Provider Fund. Any other federal funds received | ||
by
the Illinois Department for medical assistance program | ||
expenditures made
under Title XIX of the Social Security Act | ||
and Article V of this Code that
are required by Section 5C-7 of | ||
this Code to be paid into the
Care Provider Fund for Persons | ||
with a Developmental Disability shall be deposited into the
| ||
Care Provider Fund for Persons with a Developmental Disability. | ||
Any other federal funds received
by the Illinois Department for | ||
trauma center
adjustment payments that are required by Section | ||
5-5.03 of this Code and made
under Title XIX of the Social |
Security Act and Article V of this Code shall be
deposited into | ||
the Trauma Center Fund. Any other federal funds received by
the | ||
Illinois Department as reimbursement for expenses for early | ||
intervention
services paid from the Early Intervention | ||
Services Revolving Fund shall be
deposited into that Fund.
| ||
The Illinois Department shall report to the General | ||
Assembly at the
end of each fiscal quarter the amount of all | ||
funds received and paid into
the Social Services Block Grant | ||
Fund and the Local Initiative Fund and the
expenditures and | ||
transfers of such funds for services, programs and other
| ||
purposes authorized by law. Such report shall be filed with the | ||
Speaker,
Minority Leader and Clerk of the House, with the | ||
President, Minority Leader
and Secretary of the Senate, with | ||
the Chairmen of the House and Senate
Appropriations Committees, | ||
the House Human Resources Committee and the
Senate Public | ||
Health, Welfare and Corrections Committee, or the successor
| ||
standing Committees of each as provided by the rules of the | ||
House and
Senate, respectively, with the Legislative Research | ||
Unit and with the State
Government Report Distribution Center | ||
for the General Assembly as is
required under paragraph (t) of | ||
Section 7 of the State Library Act
shall be deemed sufficient | ||
to comply with this Section.
| ||
(Source: P.A. 98-463, eff. 8-16-13; 99-143, eff. 7-27-15; | ||
99-933, Article 5, Section 5-130, eff. 1-27-17; 99-933, Article | ||
15, Section 15-50, eff. 1-27-17; revised 2-15-17.) |
Section 450. The Energy Assistance Act is amended by | ||
changing Section 13 as follows:
| ||
(305 ILCS 20/13)
| ||
(Section scheduled to be repealed on January 1, 2025) | ||
Sec. 13. Supplemental Low-Income Energy Assistance Fund.
| ||
(a) The Supplemental Low-Income Energy Assistance
Fund is | ||
hereby created as a special fund in the State
Treasury. The | ||
Supplemental Low-Income Energy Assistance Fund
is authorized | ||
to receive moneys from voluntary donations from individuals, | ||
foundations, corporations, and other sources, moneys received | ||
pursuant to Section 17, and, by statutory deposit, the moneys
| ||
collected pursuant to this Section. The Fund is also authorized | ||
to receive voluntary donations from individuals, foundations, | ||
corporations, and other sources. Subject to appropriation,
the | ||
Department shall use
moneys from the Supplemental Low-Income | ||
Energy Assistance Fund
for payments to electric or gas public | ||
utilities,
municipal electric or gas utilities, and electric | ||
cooperatives
on behalf of their customers who are participants | ||
in the
program authorized by Sections 4 and 18 of this Act, for | ||
the provision of
weatherization services and for
| ||
administration of the Supplemental Low-Income Energy
| ||
Assistance Fund. The yearly expenditures for weatherization | ||
may not exceed 10%
of the amount collected during the year | ||
pursuant to this Section. The yearly administrative expenses of | ||
the
Supplemental Low-Income Energy Assistance Fund may not |
exceed
10% of the amount collected during that year
pursuant to | ||
this Section, except when unspent funds from the Supplemental | ||
Low-Income Energy Assistance Fund are reallocated from a | ||
previous year; any unspent balance of the 10% administrative | ||
allowance may be utilized for administrative expenses in the | ||
year they are reallocated.
| ||
(b) Notwithstanding the provisions of Section 16-111
of the | ||
Public Utilities Act but subject to subsection (k) of this | ||
Section,
each public utility, electric
cooperative, as defined | ||
in Section 3.4 of the Electric Supplier Act,
and municipal | ||
utility, as referenced in Section 3-105 of the Public Utilities
| ||
Act, that is engaged in the delivery of electricity or the
| ||
distribution of natural gas within the State of Illinois
shall, | ||
effective January 1, 1998,
assess each of
its customer accounts | ||
a monthly Energy Assistance Charge for
the Supplemental | ||
Low-Income Energy Assistance Fund.
The delivering public | ||
utility, municipal electric or gas utility, or electric
or gas
| ||
cooperative for a self-assessing purchaser remains subject to | ||
the collection of
the
fee imposed by this Section.
The
monthly | ||
charge shall be as follows:
| ||
(1) $0.48 per month on each account for
residential | ||
electric service;
| ||
(2) $0.48 per month on each account for
residential gas | ||
service;
| ||
(3) $4.80 per month on each account for non-residential | ||
electric service
which had less than 10 megawatts
of peak |
demand during the previous calendar year;
| ||
(4) $4.80 per month on each account for non-residential | ||
gas service which
had distributed to it less than
4,000,000 | ||
therms of gas during the previous calendar year;
| ||
(5) $360 per month on each account for non-residential | ||
electric service
which had 10 megawatts or greater
of peak | ||
demand during the previous calendar year; and
| ||
(6) $360 per month on each account for non-residential | ||
gas service
which had 4,000,000 or more therms of
gas | ||
distributed to it during the previous calendar year. | ||
The incremental change to such charges imposed by this | ||
amendatory Act of the 96th General Assembly shall not (i) be | ||
used for any purpose other than to directly assist customers | ||
and (ii) be applicable to utilities serving less than 100,000 | ||
customers in Illinois on January 1, 2009. | ||
In addition, electric and gas utilities have committed, and | ||
shall contribute, a one-time payment of $22 million to the | ||
Fund, within 10 days after the effective date of the tariffs | ||
established pursuant to Sections 16-111.8 and 19-145 of the | ||
Public Utilities Act to be used for the Department's cost of | ||
implementing the programs described in Section 18 of this | ||
amendatory Act of the 96th General Assembly, the Arrearage | ||
Reduction Program described in Section 18, and the programs | ||
described in Section 8-105 of the Public Utilities Act. If a | ||
utility elects not to file a rider within 90 days after the | ||
effective date of this amendatory Act of the 96th General |
Assembly, then the contribution from such utility shall be made | ||
no later than February 1, 2010.
| ||
(c) For purposes of this Section:
| ||
(1) "residential electric service" means
electric | ||
utility service for household purposes delivered to a
| ||
dwelling of 2 or fewer units which is billed under a
| ||
residential rate, or electric utility service for | ||
household
purposes delivered to a dwelling unit or units | ||
which is billed
under a residential rate and is registered | ||
by a separate meter
for each dwelling unit;
| ||
(2) "residential gas service" means gas utility
| ||
service for household purposes distributed to a dwelling of
| ||
2 or fewer units which is billed under a residential rate,
| ||
or gas utility service for household purposes distributed | ||
to a
dwelling unit or units which is billed under a | ||
residential
rate and is registered by a separate meter for | ||
each dwelling
unit;
| ||
(3) "non-residential electric service" means
electric | ||
utility service which is not residential electric
service; | ||
and
| ||
(4) "non-residential gas service" means gas
utility | ||
service which is not residential gas service.
| ||
(d) Within 30 days after the effective date of this | ||
amendatory Act of the 96th General Assembly, each public
| ||
utility engaged in the delivery of electricity or the
| ||
distribution of natural gas shall file with the Illinois
|
Commerce Commission tariffs incorporating the Energy
| ||
Assistance Charge in other charges stated in such tariffs, | ||
which shall become effective no later than the beginning of the | ||
first billing cycle following such filing.
| ||
(e) The Energy Assistance Charge assessed by
electric and | ||
gas public utilities shall be considered a charge
for public | ||
utility service.
| ||
(f) By the 20th day of the month following the month in | ||
which the charges
imposed by the Section were collected, each | ||
public
utility,
municipal utility, and electric cooperative | ||
shall remit to the
Department of Revenue all moneys received as | ||
payment of the
Energy Assistance Charge on a return prescribed | ||
and furnished by the
Department of Revenue showing such | ||
information as the Department of Revenue may
reasonably | ||
require; provided, however, that a utility offering an | ||
Arrearage Reduction Program or Supplemental Arrearage | ||
Reduction Program pursuant to Section 18 of this Act shall be | ||
entitled to net those amounts necessary to fund and recover the | ||
costs of such Programs as authorized by that Section that is no | ||
more than the incremental change in such Energy Assistance | ||
Charge authorized by Public Act 96-33. If a customer makes a | ||
partial payment, a public
utility, municipal
utility, or | ||
electric cooperative may elect either: (i) to apply
such | ||
partial payments first to amounts owed to the
utility or | ||
cooperative for its services and then to payment
for the Energy | ||
Assistance Charge or (ii) to apply such partial payments
on a |
pro-rata basis between amounts owed to the
utility or | ||
cooperative for its services and to payment for the
Energy | ||
Assistance Charge.
| ||
(g) The Department of Revenue shall deposit into the
| ||
Supplemental Low-Income Energy Assistance Fund all moneys
| ||
remitted to it in accordance with subsection (f) of this
| ||
Section; provided, however, that the amounts remitted by each | ||
utility shall be used to provide assistance to that utility's | ||
customers. The utilities shall coordinate with the Department | ||
to establish an equitable and practical methodology for | ||
implementing this subsection (g) beginning with the 2010 | ||
program year.
| ||
(h) On or before December 31, 2002, the Department shall
| ||
prepare a report for the General Assembly on the expenditure of | ||
funds
appropriated from the Low-Income Energy Assistance Block | ||
Grant Fund for the
program authorized under Section 4 of this | ||
Act.
| ||
(i) The Department of Revenue may establish such
rules as | ||
it deems necessary to implement this Section.
| ||
(j) The Department of Commerce and Economic Opportunity
may | ||
establish such rules as it deems necessary to implement
this | ||
Section.
| ||
(k) The charges imposed by this Section shall only apply to | ||
customers of
municipal electric or gas utilities and electric | ||
or gas cooperatives if
the municipal
electric or gas
utility or | ||
electric or gas cooperative makes an affirmative decision to
|
impose the
charge. If a municipal electric or gas utility or an | ||
electric
cooperative makes an affirmative decision to impose | ||
the charge provided by
this
Section, the municipal electric or | ||
gas utility or electric cooperative shall
inform the
Department | ||
of Revenue in writing of such decision when it begins to impose | ||
the
charge. If a municipal electric or gas utility or electric | ||
or gas
cooperative does not
assess
this charge, the Department | ||
may not use funds from the Supplemental Low-Income
Energy | ||
Assistance Fund to provide benefits to its customers under the | ||
program
authorized by Section 4 of this Act.
| ||
In its use of federal funds under this Act, the Department | ||
may not cause a
disproportionate share of those federal funds | ||
to benefit customers of systems
which do not assess the charge | ||
provided by this Section.
| ||
This Section is repealed on January 1, 2025
unless
renewed | ||
by action of the General Assembly.
| ||
(Source: P.A. 98-429, eff. 8-16-13; 99-457, eff. 1-1-16; | ||
99-906, eff. 6-1-17; 99-933, eff. 1-27-17; revised 11-8-17.)
| ||
Section 455. The Urban Renewal Consolidation Act of 1961 is | ||
amended by changing Section 19 as follows:
| ||
(315 ILCS 30/19) (from Ch. 67 1/2, par. 91.119)
| ||
Sec. 19.
Prior to making a sale or conveyance of any part | ||
of the real
property within the area of a redevelopment project | ||
pursuant to any of the
foregoing Sections sections of this Act, |
the Department shall prepare and approve a
plan for the | ||
development or redevelopment of the project area and shall
| ||
submit the same to the governing body of the municipality in | ||
which the real
property is situated for their approval. The | ||
Department shall not make a
sale or conveyance of any part of | ||
the real property in the project area
until such time as the | ||
plan has been approved by the governing body of the
| ||
municipality in which the real property is situated; provided, | ||
however,
that any plan for the development or redevelopment of | ||
a project area
heretofore prepared and approved by a land | ||
clearance commission pursuant to
the " Blighted Areas | ||
Redevelopment Act of 1947, " approved July 2, 1947, as
amended, | ||
and heretofore approved by the State Housing Board and the
| ||
governing body of the municipality shall be sufficient to | ||
authorize a sale
pursuant to this Section. At the time of | ||
making any such sale or conveyance ,
the purchaser shall agree | ||
to reimburse any public utility as defined in the Public | ||
Utilities Act "An
Act concerning public utilities", approved | ||
June 29, 1921, as amended, for
the costs of relocation of the | ||
facilities of such public utility made
necessary by the plan | ||
for the development or redevelopment of the project
area, | ||
except and excluding, however, any such costs to the extent | ||
incurred
for the relocation of such facilities located, prior | ||
to the development or
redevelopment, in a public way or public | ||
property which retains its
character as such thereafter.
| ||
(Source: Laws 1961, p. 3308; revised 10-4-17.)
|
Section 460. The Abused and Neglected Child Reporting Act | ||
is amended by changing Sections 7.4 and 7.14 as follows:
| ||
(325 ILCS 5/7.4) (from Ch. 23, par. 2057.4)
| ||
Sec. 7.4. (a) The Department shall be capable of receiving | ||
reports of
suspected child abuse or neglect 24 hours a day, 7 | ||
days a week. Whenever
the Department receives a report alleging | ||
that a child is a
truant as defined in Section 26-2a of the The | ||
School Code, as now or hereafter
amended, the Department shall | ||
notify the superintendent of the school
district in which the | ||
child resides and the appropriate superintendent of
the | ||
educational service region. The notification to the | ||
appropriate
officials by the Department shall not be considered | ||
an allegation of abuse
or neglect under this Act.
| ||
(a-5) The Department of Children and Family Services may | ||
implement a "differential response program" in accordance with | ||
criteria, standards, and procedures prescribed by rule. The | ||
program may provide that, upon receiving a report, the | ||
Department shall determine whether to conduct a family | ||
assessment or an investigation as appropriate to prevent or | ||
provide a remedy for child abuse or neglect. | ||
For purposes of this subsection (a-5), "family assessment" | ||
means a comprehensive assessment of child safety, risk of | ||
subsequent child maltreatment, and family strengths and needs | ||
that is applied to a child maltreatment report that does not |
allege substantial child endangerment. "Family assessment" | ||
does not include a determination as to whether child | ||
maltreatment occurred but does determine the need for services | ||
to address the safety of family members and the risk of | ||
subsequent maltreatment. | ||
For purposes of this subsection (a-5), "investigation" | ||
means fact-gathering related to the current safety of a child | ||
and the risk of subsequent abuse or neglect that determines | ||
whether a report of suspected child abuse or neglect should be | ||
indicated or unfounded and whether child protective services | ||
are needed. | ||
Under the "differential response program" implemented | ||
under this subsection (a-5), the Department: | ||
(1) Shall conduct an investigation on reports | ||
involving substantial child abuse or neglect. | ||
(2) Shall begin an immediate investigation if, at any | ||
time when it is using a family assessment response, it | ||
determines that there is reason to believe that substantial | ||
child abuse or neglect or a serious threat to the child's | ||
safety exists. | ||
(3) May conduct a family assessment for reports that do | ||
not allege substantial child endangerment. In determining | ||
that a family assessment is appropriate, the Department may | ||
consider issues , including, but not limited to, child | ||
safety, parental cooperation, and the need for an immediate | ||
response. |
(4) Shall promulgate criteria, standards, and | ||
procedures that shall be applied in making this | ||
determination, taking into consideration the Child | ||
Endangerment Risk Assessment Protocol of the Department. | ||
(5) May conduct a family assessment on a report that | ||
was initially screened and assigned for an investigation. | ||
In determining that a complete investigation is not | ||
required, the Department must document the reason for | ||
terminating the investigation and notify the local law | ||
enforcement agency or the Department of State Police if the | ||
local law enforcement agency or Department of State Police is | ||
conducting a joint investigation. | ||
Once it is determined that a "family assessment" will be | ||
implemented, the case shall not be reported to the central | ||
register of abuse and neglect reports. | ||
During a family assessment, the Department shall collect | ||
any available and relevant information to determine child | ||
safety, risk of subsequent abuse or neglect, and family | ||
strengths. | ||
Information collected includes, but is not limited to, when | ||
relevant: information with regard to the person reporting the | ||
alleged abuse or neglect, including the nature of the | ||
reporter's relationship to the child and to the alleged | ||
offender, and the basis of the reporter's knowledge for the | ||
report; the child allegedly being abused or neglected; the | ||
alleged offender; the child's caretaker; and other collateral |
sources having relevant information related to the alleged | ||
abuse or neglect. Information relevant to the assessment must | ||
be asked for, and may include: | ||
(A) The child's sex and age, prior reports of abuse or | ||
neglect, information relating to developmental | ||
functioning, credibility of the child's statement, and | ||
whether the information provided under this paragraph (A) | ||
is consistent with other information collected during the | ||
course of the assessment or investigation. | ||
(B) The alleged offender's age, a record check for | ||
prior reports of abuse or neglect, and criminal charges and | ||
convictions. The alleged offender may submit supporting | ||
documentation relevant to the assessment. | ||
(C) Collateral source information regarding the | ||
alleged abuse or neglect and care of the child. Collateral | ||
information includes, when relevant: (i) a medical | ||
examination of the child; (ii) prior medical records | ||
relating to the alleged maltreatment or care of the child | ||
maintained by any facility, clinic, or health care | ||
professional, and an interview with the treating | ||
professionals; and (iii) interviews with the child's | ||
caretakers, including the child's parent, guardian, foster | ||
parent, child care provider, teachers, counselors, family | ||
members, relatives, and other persons who may have | ||
knowledge regarding the alleged maltreatment and the care | ||
of the child. |
(D) Information on the existence of domestic abuse and | ||
violence in the home of the child, and substance abuse. | ||
Nothing in this subsection (a-5) precludes the Department | ||
from collecting other relevant information necessary to | ||
conduct the assessment or investigation. Nothing in this | ||
subsection (a-5) shall be construed to allow the name or | ||
identity of a reporter to be disclosed in violation of the | ||
protections afforded under Section 7.19 of this Act. | ||
After conducting the family assessment, the Department | ||
shall determine whether services are needed to address the | ||
safety of the child and other family members and the risk of | ||
subsequent abuse or neglect. | ||
Upon completion of the family assessment, if the Department | ||
concludes that no services shall be offered, then the case | ||
shall be closed. If the Department concludes that services | ||
shall be offered, the Department shall develop a family | ||
preservation plan and offer or refer services to the family. | ||
At any time during a family assessment, if the Department | ||
believes there is any reason to stop the assessment and conduct | ||
an investigation based on the information discovered, the | ||
Department shall do so. | ||
The procedures available to the Department in conducting | ||
investigations under this Act shall be followed as appropriate | ||
during a family assessment. | ||
If the Department implements a differential response | ||
program authorized under this subsection (a-5), the Department |
shall arrange for an independent evaluation of the program for | ||
at least the first 3 years of implementation to determine | ||
whether it is meeting the goals in accordance with Section 2 of | ||
this Act. | ||
The Department may adopt administrative rules necessary | ||
for the execution of this Section, in accordance with Section 4 | ||
of the Children and Family Services Act. | ||
The Department shall submit a report to the General | ||
Assembly by January 15, 2018 on the implementation progress and | ||
recommendations for additional needed legislative changes.
| ||
(b)(1) The following procedures shall be followed in the | ||
investigation
of all reports of suspected abuse or neglect of a | ||
child, except as provided
in subsection (c) of this Section.
| ||
(2) If, during a family assessment authorized by subsection | ||
(a-5) or an investigation, it appears that the immediate safety | ||
or well-being of a child is
endangered, that the family may | ||
flee or the child disappear, or that the
facts otherwise so | ||
warrant, the Child Protective Service Unit shall
commence an | ||
investigation immediately, regardless of the time of day or
| ||
night. All other investigations shall be commenced within 24
| ||
hours of receipt of the report. Upon receipt of a report, the | ||
Child
Protective Service Unit shall conduct a family assessment | ||
authorized by subsection (a-5) or begin an initial | ||
investigation and make an initial
determination whether the | ||
report is a good faith indication of alleged
child abuse or | ||
neglect.
|
(3) Based on an initial investigation, if the Unit | ||
determines the report is a good faith
indication of alleged | ||
child abuse or neglect, then a formal investigation
shall | ||
commence and, pursuant to Section 7.12 of this Act, may or may | ||
not
result in an indicated report. The formal investigation | ||
shall include:
direct contact with the subject or subjects of | ||
the report as soon as
possible after the report is received; an
| ||
evaluation of the environment of the child named in the report | ||
and any other
children in the same environment; a determination | ||
of the risk to such
children if they continue to remain in the | ||
existing environments, as well
as a determination of the | ||
nature, extent and cause of any condition
enumerated in such | ||
report; the name, age and condition of other children in
the | ||
environment; and an evaluation as to whether there would be an
| ||
immediate and urgent necessity to remove the child from the | ||
environment if
appropriate family preservation services were | ||
provided. After seeing to
the safety of the child or children, | ||
the Department shall
forthwith notify the subjects of the | ||
report in writing, of the existence
of the report and their | ||
rights existing under this Act in regard to amendment
or | ||
expungement. To fulfill the requirements of this Section, the | ||
Child
Protective Service Unit shall have the capability of | ||
providing or arranging
for comprehensive emergency services to | ||
children and families at all times
of the day or night.
| ||
(4) If (i) at the conclusion of the Unit's initial | ||
investigation of a
report, the Unit determines the report to be |
a good faith indication of
alleged child abuse or neglect that | ||
warrants a formal investigation by
the Unit, the Department, | ||
any law enforcement agency or any other
responsible agency and | ||
(ii) the person who is alleged to have caused the
abuse or | ||
neglect is employed or otherwise engaged in an activity | ||
resulting
in frequent contact with children and the alleged | ||
abuse or neglect are in
the course of such employment or | ||
activity, then the Department shall,
except in investigations | ||
where the Director determines that such
notification would be | ||
detrimental to the Department's investigation, inform
the | ||
appropriate supervisor or administrator of that employment or | ||
activity
that the Unit has commenced a formal investigation | ||
pursuant to this Act,
which may or may not result in an | ||
indicated report. The Department shall also
notify the person | ||
being investigated, unless the Director determines that
such | ||
notification would be detrimental to the Department's | ||
investigation.
| ||
(c) In an investigation of a report of suspected abuse or | ||
neglect of
a child by a school employee at a school or on | ||
school grounds, the
Department shall make reasonable efforts to | ||
follow the following procedures:
| ||
(1) Investigations involving teachers shall not, to | ||
the extent possible,
be conducted when the teacher is | ||
scheduled to conduct classes.
Investigations involving | ||
other school employees shall be conducted so as to
minimize | ||
disruption of the school day. The school employee accused |
of
child abuse or neglect may have his superior, his | ||
association or union
representative and his attorney | ||
present at any interview or meeting at
which the teacher or | ||
administrator is present. The accused school employee
| ||
shall be informed by a representative of the Department, at | ||
any
interview or meeting, of the accused school employee's | ||
due process rights
and of the steps in the investigation | ||
process.
These due
process rights shall also include the | ||
right of the school employee to
present countervailing | ||
evidence regarding the accusations. In an investigation in | ||
which the alleged perpetrator of abuse or neglect is a | ||
school employee, including, but not limited to, a school | ||
teacher or administrator, and the recommendation is to | ||
determine the report to be indicated, in addition to other | ||
procedures as set forth and defined in Department rules and | ||
procedures, the employee's due process rights shall also | ||
include: (i) the right to a copy of the investigation | ||
summary; (ii) the right to review the specific allegations | ||
which gave rise to the investigation; and (iii) the right | ||
to an administrator's teleconference which shall be | ||
convened to provide the school employee with the | ||
opportunity to present documentary evidence or other | ||
information that supports his or her position and to | ||
provide information before a final finding is entered.
| ||
(2) If a report of neglect or abuse of a child by a | ||
teacher or
administrator does not involve allegations of |
sexual abuse or extreme
physical abuse, the Child | ||
Protective Service Unit shall make reasonable
efforts to | ||
conduct the initial investigation in coordination with the
| ||
employee's supervisor.
| ||
If the Unit determines that the report is a good faith | ||
indication of
potential child abuse or neglect, it shall | ||
then commence a formal
investigation under paragraph (3) of | ||
subsection (b) of this Section.
| ||
(3) If a report of neglect or abuse of a child by a | ||
teacher or
administrator involves an allegation of sexual | ||
abuse or extreme physical
abuse, the Child Protective Unit | ||
shall commence an investigation under
paragraph (2) of | ||
subsection (b) of this Section.
| ||
(c-5) In any instance in which a report is made or caused | ||
to made by a school district employee involving the conduct of | ||
a person employed by the school district, at the time the | ||
report was made, as required under Section 4 of this Act, the | ||
Child Protective Service Unit shall send a copy of its final | ||
finding report to the general superintendent of that school | ||
district.
| ||
(c-10) The Department may recommend that a school district | ||
remove a school employee who is the subject of an investigation | ||
from his or her employment position pending the outcome of the | ||
investigation; however, all employment decisions regarding | ||
school personnel shall be the sole responsibility of the school | ||
district or employer. The Department may not require a school |
district to remove a school employee from his or her employment | ||
position or limit the school employee's duties pending the | ||
outcome of an investigation. | ||
(d) If the Department has contact with an employer, or with | ||
a religious
institution or religious official having | ||
supervisory or hierarchical authority
over a member of the | ||
clergy accused of the abuse of a child,
in the course of its
| ||
investigation, the Department shall notify the employer or the | ||
religious
institution or religious official, in writing, when a
| ||
report is unfounded so that any record of the investigation can | ||
be expunged
from the employee's or member of the clergy's | ||
personnel or other
records. The Department shall also notify
| ||
the employee or the member of the clergy, in writing, that | ||
notification
has been sent to the employer or to the | ||
appropriate religious institution or
religious official
| ||
informing the employer or religious institution or religious | ||
official that
the
Department's investigation has resulted in
an | ||
unfounded report.
| ||
(e) Upon request by the Department, the
Department of State | ||
Police and law enforcement agencies are
authorized to provide | ||
criminal history record information
as defined in the Illinois | ||
Uniform Conviction Information Act and information
maintained | ||
in
the adjudicatory and dispositional record system as defined | ||
in Section
2605-355 of the Department of State Police Law (20 | ||
ILCS
2605/2605-355) to properly
designated
employees of the
| ||
Department of Children
and Family Services if the Department |
determines the information is
necessary to perform its duties | ||
under the Abused and
Neglected Child Reporting Act, the Child | ||
Care Act of 1969, and the Children and
Family Services Act. The
| ||
request shall be in the form and manner required
by
the | ||
Department of State Police. Any information obtained by the | ||
Department of
Children
and Family Services under this Section | ||
is
confidential and may not be transmitted outside the | ||
Department of Children
and Family Services other than to a | ||
court of competent jurisdiction or unless
otherwise authorized | ||
by law.
Any employee of the Department of Children and Family | ||
Services who transmits
confidential information in
violation | ||
of this
Section or causes the information to be
transmitted in | ||
violation of this Section is guilty of a Class A
misdemeanor | ||
unless the transmittal of
the
information is
authorized by this | ||
Section or otherwise authorized by law.
| ||
(f) For purposes of this Section , "child abuse or neglect" | ||
includes abuse or neglect of an adult resident as defined in | ||
this Act. | ||
(Source: P.A. 100-68, eff. 1-1-18; 100-176, eff. 1-1-18; | ||
100-191, eff. 1-1-18; revised 10-4-17.)
| ||
(325 ILCS 5/7.14) (from Ch. 23, par. 2057.14)
| ||
Sec. 7.14. All reports in the central register shall be | ||
classified in one
of three categories: "indicated", | ||
"unfounded" or "undetermined", as the
case may be. Prior to | ||
classifying the report, the person making the
classification |
shall determine whether the child named in the
report is the | ||
subject of an action under Article V of the Juvenile Court Act | ||
of 1987 who is in the custody or guardianship of the Department | ||
or who has an open intact family services case with the | ||
Department or is the subject of an action under Article II of | ||
the Juvenile Court
Act of 1987. If the child is either is the | ||
subject of an action under Article V of the Juvenile Court Act | ||
of 1987 and is in the custody or guardianship of the Department | ||
or has an open intact family services case with the Department | ||
or is the subject of an action under Article II of the
Juvenile | ||
Court Act of 1987 and the Department intends to classify the | ||
report as indicated, the Department shall, within 45 days of | ||
classification of the report, transmit a copy of the report to
| ||
the attorney or guardian ad litem appointed for the child under | ||
Section 2-17 of the
Juvenile Court Act of 1987 or to a guardian | ||
ad litem appointed under Section 5-610 of the Juvenile Court | ||
Act of 1987. If the child is either is the subject of an action | ||
under Article V of the Juvenile Court Act of 1987 and is in the | ||
custody or guardianship of the Department or has an open intact | ||
family services case with the Department or is the subject of | ||
an action under Article II of the Juvenile Court Act of 1987 | ||
and the Department intends to classify the report as unfounded, | ||
the Department shall, within 45 days of deciding its intent to | ||
classify the report as unfounded, transmit a copy of the report | ||
and written notice of the Department's intent to the attorney | ||
or guardian ad litem appointed for the child under Section 2-17 |
of the Juvenile Court Act of 1987, or to a guardian ad litem | ||
appointed under Section 5-610 of the Juvenile Court Act of | ||
1987. The Department's obligation under this Section to provide | ||
reports to a guardian ad litem appointed under Section 5-610 of | ||
the Juvenile Court Act of 1987 for a minor with an open intact | ||
family services case applies only if the guardian ad litem | ||
notified the Department in writing of the representation. All | ||
information identifying the subjects of an unfounded
report | ||
shall be expunged from the register
forthwith, except as | ||
provided in Section 7.7.
Unfounded reports may only be made | ||
available to the Child
Protective Service Unit when | ||
investigating a subsequent report of suspected
abuse or | ||
maltreatment involving a child named in the unfounded report; | ||
and to
the subject of the report, provided the Department has | ||
not expunged the file in accordance with Section 7.7. The Child | ||
Protective
Service Unit shall not indicate the subsequent | ||
report solely based upon the
existence of the prior unfounded | ||
report or reports. Notwithstanding any other
provision of law | ||
to the contrary, an unfounded report shall not be admissible
in | ||
any judicial or administrative proceeding or action except for | ||
proceedings under Sections 2-10 and 2-21 of the Juvenile Court | ||
Act of 1987 involving a
petition filed under Section 2-13 of | ||
the Juvenile Court Act of 1987 alleging
abuse or neglect to the | ||
same child, a sibling of the child, or the same
perpetrator.
| ||
Identifying information on all other records shall be
removed | ||
from the register no later than 5 years after the report is |
indicated.
However, if another report is received involving the | ||
same child, his sibling
or offspring, or a child in the care of | ||
the persons responsible for the
child's welfare, or involving | ||
the same alleged offender, the
identifying
information may be | ||
maintained in the register
until 5 years after the subsequent | ||
case or report is closed.
| ||
Notwithstanding any other provision of this Section, | ||
identifying
information in indicated reports involving serious | ||
physical injury to a child as defined by the
Department in | ||
rules, may be retained longer than 5 years after the report
is | ||
indicated or after the subsequent case or report is closed, and | ||
may not
be removed from the register except as provided by the | ||
Department in rules. Identifying information in indicated | ||
reports involving sexual penetration of a child, sexual | ||
molestation of a child, sexual exploitation of a child, torture | ||
of a child, or the death of a child, as defined by the | ||
Department in rules, shall be retained for a period of not less | ||
than 50 years after the report is indicated or after the | ||
subsequent case or report is closed.
| ||
For purposes of this Section , "child" includes an adult | ||
resident as defined in this Act. | ||
(Source: P.A. 99-78, eff. 7-20-15; 99-349, eff. 1-1-16; | ||
100-158, eff. 1-1-18; revised 10-4-17.)
| ||
Section 465. The Advisory Council on Early Identification | ||
and Treatment of Mental Health Conditions Act is amended by |
changing Sections 5 and 10 as follows: | ||
(405 ILCS 115/5)
| ||
Sec. 5. Findings. The General Assembly finds that:
| ||
(1) the medical science is clear that mental health | ||
treatment works to improve mental health conditions and | ||
manage symptoms but it can take, on average, 10 years for a | ||
child or young adult with a significant condition to | ||
receive the right diagnosis and treatment from the time the | ||
first symptoms began, and nearly two-thirds of children and | ||
adults never get treatment;
| ||
(2) long treatment lags can lead to debilitating | ||
conditions and permanent disability;
| ||
(3) suicide, often due to untreated depression, is the | ||
second leading cause of death in this State for children | ||
and young adults ranging in age from 10 to 34;
| ||
(4) between 40% to 50% of heroin and other drug | ||
addiction begins to self-medicate an underlying, untreated | ||
mental health condition;
| ||
(5) important State reforms on improving access to | ||
mental health and substance use treatment are underway and | ||
others are pending, but more needs to be done to address | ||
this State's serious systemic challenges to early | ||
identification and treatment of mental health conditions;
| ||
(6) the medical and mental health treatment | ||
communities across this State are implementing many |
evidence-based best practices on early screening, | ||
identification and treatment of mental health conditions, | ||
including co-located and integrated care, despite limited | ||
resources and major access to care challenges across the | ||
State; and
| ||
(7) establishing an Advisory Council on Early | ||
Identification and Treatment of Mental Health Conditions | ||
to:
| ||
(A) report and share information on evidence-based | ||
best practices related to early identification and | ||
treatment being implemented across this State and | ||
other states; | ||
(B) assist in advancing all providers to move | ||
toward implementation of evidence-based best | ||
practices, irrespective of payer such as Medicaid or | ||
private insurance ; , | ||
(C) identify the barriers to statewide | ||
implementation of early identification and treatment | ||
across all providers; and | ||
(D) reduce the stigma of mental health conditions | ||
by treating them like any other medical condition ; | ||
will outline the path to enabling thousands of children, | ||
youth, and young adults in this State living with mental | ||
health conditions, including those related to trauma, to | ||
get the early diagnosis and treatment they need to | ||
effectively manage their condition and avoid potentially |
life-long debilitating symptoms.
| ||
(Source: P.A. 100-184, eff. 1-1-18; revised 9-28-17.) | ||
(405 ILCS 115/10)
| ||
Sec. 10. Advisory Council on Early Identification and | ||
Treatment of Mental Health Conditions.
| ||
(a) There is created the Advisory Council on Early | ||
Identification and Treatment of Mental Health Conditions | ||
within the Department of Human Services. The Department of | ||
Human Services shall provide administrative support for the | ||
Advisory Council. The report, recommendations, and action plan | ||
required by this Section shall reflect the consensus of a | ||
majority of the Council. | ||
(b) The Advisory Council shall:
| ||
(1) review and identify evidence-based best practice | ||
models and promising practices supported by peer-reviewed | ||
literature being implemented in this State and other states | ||
on regular screening and early identification of mental | ||
health and substance use conditions in children and young | ||
adults, including depression, bipolar bi-polar disorder, | ||
schizophrenia, and other similar conditions, beginning at | ||
the age endorsed by the American Academy of Pediatrics, | ||
through young adulthood, irrespective of coverage by | ||
public or private health insurance, resulting in early | ||
treatment;
| ||
(2) identify evidence-based mental health prevention |
and promotion initiatives;
| ||
(3) identify strategies to enable additional medical | ||
providers and community-based providers to implement | ||
evidence-based best practices on regular screening, and | ||
early identification and treatment of mental health | ||
conditions;
| ||
(4) identify barriers to the success of early | ||
screening, identification and treatment of mental health | ||
conditions across this State, including but not limited to, | ||
treatment access challenges, specific mental health | ||
workforce issues, regional challenges, training and | ||
knowledge-base needs of providers, provider infrastructure | ||
needs, reimbursement and payment issues, and public and | ||
private insurance coverage issues;
| ||
(5) based on the findings in paragraphs (1) through (4) | ||
of this subsection (b), develop a set of recommendations | ||
and an action plan to address the barriers to early and | ||
regular screening and identification of mental health | ||
conditions in children, adolescents and young adults in | ||
this State;
and | ||
(6) complete and deliver the recommendations and | ||
action plan required by paragraph (5) of this subsection | ||
(b) to the Governor and the General Assembly within one | ||
year of the first meeting of the Advisory Council . ; and
| ||
Upon (7) upon completion and delivery of the | ||
recommendations and action plan to the Governor and General |
Assembly, the Advisory Council shall be dissolved.
| ||
(c) The Advisory Council shall be composed of no more than | ||
27 members and 3 ex officio members, including:
| ||
(1) Two members of the House of Representatives, one | ||
appointed by the Speaker of the House of Representatives | ||
and one appointed by the Minority Leader of the House of | ||
Representatives.
| ||
(2) Two members of the Senate, one appointed by the | ||
President of the Senate and one appointed by the Minority | ||
Leader of the Senate.
| ||
(3) One representative of the Office of the Governor | ||
appointed by the Governor.
| ||
(4) Twenty-two members of the public as follows; | ||
however, provider representatives selected shall include a | ||
balance of those delivering care to persons with private | ||
health insurance and those serving underserved | ||
populations: | ||
(A) Four pediatricians recommended by a statewide | ||
organization that represents pediatricians, one from | ||
the Chicago area, one from suburban Chicago, one from | ||
central Illinois, and one from downstate Illinois, | ||
appointed by the Speaker of the House of | ||
Representatives.
| ||
(B) Four family primary care physicians | ||
recommended by a statewide organization that | ||
represents family physicians, one from the Chicago
|
area, one from suburban Chicago, one from central | ||
Illinois, and one from downstate Illinois, appointed | ||
by the President of the Senate.
| ||
(C) Two advanced practice registered nurses | ||
recommended by a statewide organization that | ||
represents advanced practice registered nurses, one | ||
from Chicago and one from central or downstate | ||
Illinois, appointed by the Speaker of the House of | ||
Representatives.
| ||
(D) Two psychiatrists, including one child | ||
psychiatrist, recommended by a statewide organization | ||
that represents psychiatrists, one from the Chicago | ||
metropolitan region and one from central or downstate | ||
Illinois, appointed by the President of the Senate. | ||
(E) Two psychologists, including one child | ||
psychologist, recommended by a statewide organization | ||
that represents psychologists, one from the Chicago | ||
metropolitan region and one from central or downstate | ||
Illinois, appointed by the Speaker of the House of | ||
Representatives.
| ||
(F) One representative from an organization that | ||
advocates for families and youth with mental health | ||
conditions who is a parent with a child living with a | ||
mental health condition, appointed by the President of | ||
the Senate.
| ||
(G) Two community mental health service providers |
recommended by a statewide organization that | ||
represents community mental health providers, one from | ||
the Chicago metropolitan region and one from central | ||
Illinois or downstate Illinois, appointed by the | ||
Speaker of the House of Representatives. | ||
(H) Two substance use treatment providers | ||
recommended by a statewide organization that | ||
represents substance use treatment providers, one from | ||
the Chicago metropolitan region, one from central or | ||
downstate Illinois, appointed by the President of the | ||
Senate.
| ||
(I) One representative from an organization that | ||
advocates for families and youth with mental health | ||
conditions who is an individual with lived experience | ||
of a mental health condition, appointed by the | ||
President of the Senate.
| ||
(J) Two representatives from private insurance | ||
companies, one appointed by the Speaker of the House of | ||
Representatives and one appointed by the President of | ||
the Senate.
| ||
(K) The following 3 officials shall serve as ex | ||
officio members:
| ||
(i) the Director of Public Health, or his or | ||
her designee;
| ||
(ii) the Director of Healthcare and Family | ||
Services, or his or her designee;
and |
(iii) the Director of the Division of Mental | ||
Health within the Department of Human Services, or | ||
his or her designee.
| ||
(d) Members shall serve without compensation and are | ||
responsible for the cost of all reasonable and necessary travel | ||
expenses connected to Advisory Council business. Advisory | ||
Council members shall not be reimbursed by the State for these | ||
costs. Advisory Council members shall be appointed within 60 | ||
days after January 1, 2018 ( the effective date of this Act ) . | ||
The Advisory Council shall hold its initial meeting within 60 | ||
days after at least 50% of the members have been appointed. One | ||
representative from the pediatricians or primary care | ||
physicians and one representative from the mental health | ||
treatment community shall be the co-chairs of the Advisory | ||
Council. At the first meeting of the Advisory Council, the | ||
members shall select a 7-person 7 person Steering Committee | ||
that includes include the co-chairs. The Advisory Council may | ||
establish committees that address specific issues or | ||
populations and may appoint persons with relevant expertise who | ||
are not appointed members of the Advisory Council to serve on | ||
the committees as needed.
| ||
(Source: P.A. 100-184, eff. 1-1-18; revised 1-22-18.) | ||
Section 470. The Crematory Regulation Act is amended by | ||
changing Section 5 as follows:
|
(410 ILCS 18/5)
| ||
(Text of Section before amendment by P.A. 100-526 ) | ||
(Section scheduled to be repealed on January 1, 2021) | ||
Sec. 5. Definitions. As used in this Act:
| ||
"Address of record" means the designated address recorded | ||
by the Comptroller in the applicant's or licensee's application | ||
file or license file. It is the duty of the applicant or | ||
licensee to inform the Comptroller of any change of address | ||
within 14 days, and such changes must be made either through | ||
the Comptroller's website or by contacting the Comptroller. The | ||
address of record shall be the permanent street address of the | ||
crematory. | ||
"Alternative container" means a receptacle, other than a | ||
casket, in
which human remains are transported to the crematory | ||
and placed in the
cremation chamber for cremation. An | ||
alternative container shall be
(i) composed of readily | ||
combustible or consumable materials suitable for cremation, | ||
(ii) able
to be closed in order to provide a complete covering | ||
for the human remains,
(iii) resistant to leakage or spillage, | ||
(iv) rigid enough for handling with
ease, and (v) able to | ||
provide protection for the health, safety, and personal
| ||
integrity of crematory personnel.
| ||
"Authorizing agent" means a person legally entitled to | ||
order the cremation and final
disposition of specific human | ||
remains.
| ||
"Body parts" means limbs or other portions of the anatomy |
that are
removed from a person or human remains for medical | ||
purposes during treatment,
surgery, biopsy, autopsy, or | ||
medical research; or human bodies or any portion
of bodies that | ||
have been donated to science for medical research purposes.
| ||
"Burial transit permit" means a permit for disposition of a | ||
dead human
body as required by Illinois law.
| ||
"Casket" means a rigid container that is designed for the | ||
encasement of human
remains, is usually constructed of wood, | ||
metal, or like material and ornamented
and lined with fabric, | ||
and may or may not be combustible.
| ||
"Comptroller" means the Comptroller of the State of | ||
Illinois.
| ||
"Cremated remains" means all human remains recovered after | ||
the completion
of the cremation, which may possibly include the | ||
residue of any foreign matter
including casket material, | ||
bridgework, or eyeglasses, that was cremated with
the human | ||
remains.
| ||
"Cremation" means the technical process, using heat and | ||
flame, or alkaline hydrolysis that
reduces human remains to | ||
bone fragments. The reduction takes place through
heat and | ||
evaporation or through hydrolysis. Cremation shall include the | ||
processing, and may include
the pulverization, of the bone | ||
fragments.
| ||
"Cremation chamber" means the enclosed space within which | ||
the cremation
takes place.
| ||
"Cremation interment container" means a rigid outer |
container that,
subject to a cemetery's rules and regulations, | ||
is composed of concrete, steel,
fiberglass, or some similar | ||
material in which an urn is placed prior to being
interred in | ||
the ground, and which is designed to withstand prolonged | ||
exposure
to the elements and to support the earth above the | ||
urn.
| ||
"Cremation room" means the room in which the cremation | ||
chamber is located.
| ||
"Crematory" means the building or portion of a building | ||
that houses the
cremation room and the holding facility.
| ||
"Crematory authority" means the legal entity which is | ||
licensed by
the Comptroller to
operate a crematory and to | ||
perform cremations.
| ||
"Final disposition" means the burial, cremation, or other | ||
disposition of
a dead human body or parts of a dead human body.
| ||
"Funeral director" means a person known by the title of | ||
"funeral
director", "funeral director and embalmer", or other | ||
similar words or
titles, licensed by the State to practice | ||
funeral directing or funeral
directing and embalming.
| ||
"Funeral establishment" means a building or separate | ||
portion of a building
having a specific street address and | ||
location and devoted to activities
relating to the shelter, | ||
care, custody, and preparation of a deceased human
body and may | ||
contain facilities for funeral or wake services.
| ||
"Holding facility" means an area that (i) is designated for | ||
the retention of
human remains prior to cremation, (ii) |
complies with all applicable public
health law, (iii) preserves | ||
the health and safety of the crematory authority
personnel, and | ||
(iv) is secure from access by anyone other than authorized
| ||
persons. A holding facility may be located in a cremation room.
| ||
"Human remains" means the body of a deceased person, | ||
including
any form of body prosthesis that has been permanently | ||
attached or
implanted in the body.
| ||
"Licensee" means an entity licensed under this Act. An | ||
entity that holds itself as a licensee or that is accused of | ||
unlicensed practice is considered a licensee for purposes of | ||
enforcement, investigation, hearings, and the Illinois | ||
Administrative Procedure Act. | ||
"Niche" means a compartment or cubicle for the | ||
memorialization and permanent
placement of an urn containing | ||
cremated remains.
| ||
"Person" means any person, partnership, association, | ||
corporation, limited liability company, or other entity, and in | ||
the case of any such business organization, its officers, | ||
partners, members, or shareholders possessing 25% or more of | ||
ownership of the entity. | ||
"Processing" means the reduction of identifiable bone | ||
fragments after the
completion of the cremation process to | ||
unidentifiable bone fragments by manual
or mechanical means.
| ||
"Pulverization" means the reduction of identifiable bone | ||
fragments after the
completion of the cremation process to | ||
granulated particles by manual or
mechanical means.
|
"Scattering area" means an area which may be designated by | ||
a cemetery and
located on dedicated cemetery property or | ||
property used for outdoor recreation or natural resource | ||
conservation owned by the Department of Natural Resources and | ||
designated as a scattering area, where cremated remains, which | ||
have been
removed
from their container, can be mixed with, or | ||
placed on top of, the soil or
ground cover.
| ||
"Temporary container" means a receptacle for cremated
| ||
remains, usually composed of cardboard, plastic or similar | ||
material, that
can be closed in a manner that prevents the | ||
leakage or spillage of the
cremated remains or the entrance of | ||
foreign material, and is a single
container of sufficient size | ||
to hold the cremated remains until an urn is
acquired or the | ||
cremated remains are scattered.
| ||
"Urn" means a receptacle
designed to encase the cremated | ||
remains.
| ||
(Source: P.A. 100-97, eff. 1-1-18.)
| ||
(Text of Section after amendment by P.A. 100-526 ) | ||
(Section scheduled to be repealed on January 1, 2021) | ||
Sec. 5. Definitions. As used in this Act:
| ||
"Address of record" means the designated address recorded | ||
by the Comptroller in the applicant's or licensee's application | ||
file or license file. It is the duty of the applicant or | ||
licensee to inform the Comptroller of any change of address | ||
within 14 days, and such changes must be made either through |
the Comptroller's website or by contacting the Comptroller. The | ||
address of record shall be the permanent street address of the | ||
crematory. | ||
"Alternative container" means a receptacle, other than a | ||
casket, in
which human remains are transported to the crematory | ||
and placed in the
cremation chamber for cremation. An | ||
alternative container shall be
(i) composed of readily | ||
combustible or consumable materials suitable for cremation, | ||
(ii) able
to be closed in order to provide a complete covering | ||
for the human remains,
(iii) resistant to leakage or spillage, | ||
(iv) rigid enough for handling with
ease, and (v) able to | ||
provide protection for the health, safety, and personal
| ||
integrity of crematory personnel.
| ||
"Authorizing agent" means a person legally entitled to | ||
order the cremation and final
disposition of specific human | ||
remains. "Authorizing agent" includes an institution of | ||
medical, mortuary, or other sciences as provided in Section 20 | ||
of the Disposition of Remains of the Indigent Act.
| ||
"Body parts" means limbs or other portions of the anatomy | ||
that are
removed from a person or human remains for medical | ||
purposes during treatment,
surgery, biopsy, autopsy, or | ||
medical research; or human bodies or any portion
of bodies that | ||
have been donated to science for medical research purposes.
| ||
"Burial transit permit" means a permit for disposition of a | ||
dead human
body as required by Illinois law.
| ||
"Casket" means a rigid container that is designed for the |
encasement of human
remains, is usually constructed of wood, | ||
metal, or like material and ornamented
and lined with fabric, | ||
and may or may not be combustible.
| ||
"Comptroller" means the Comptroller of the State of | ||
Illinois.
| ||
"Cremated remains" means all human remains recovered after | ||
the completion
of the cremation, which may possibly include the | ||
residue of any foreign matter
including casket material, | ||
bridgework, or eyeglasses, that was cremated with
the human | ||
remains.
| ||
"Cremation" means the technical process, using heat and | ||
flame, or alkaline hydrolysis that
reduces human remains to | ||
bone fragments. The reduction takes place through
heat and | ||
evaporation or through hydrolysis. Cremation shall include the | ||
processing, and may include
the pulverization, of the bone | ||
fragments.
| ||
"Cremation chamber" means the enclosed space within which | ||
the cremation
takes place.
| ||
"Cremation interment container" means a rigid outer | ||
container that,
subject to a cemetery's rules and regulations, | ||
is composed of concrete, steel,
fiberglass, or some similar | ||
material in which an urn is placed prior to being
interred in | ||
the ground, and which is designed to withstand prolonged | ||
exposure
to the elements and to support the earth above the | ||
urn.
| ||
"Cremation room" means the room in which the cremation |
chamber is located.
| ||
"Crematory" means the building or portion of a building | ||
that houses the
cremation room and the holding facility.
| ||
"Crematory authority" means the legal entity which is | ||
licensed by
the Comptroller to
operate a crematory and to | ||
perform cremations.
| ||
"Final disposition" means the burial, cremation, or other | ||
disposition of
a dead human body or parts of a dead human body.
| ||
"Funeral director" means a person known by the title of | ||
"funeral
director", "funeral director and embalmer", or other | ||
similar words or
titles, licensed by the State to practice | ||
funeral directing or funeral
directing and embalming.
| ||
"Funeral establishment" means a building or separate | ||
portion of a building
having a specific street address and | ||
location and devoted to activities
relating to the shelter, | ||
care, custody, and preparation of a deceased human
body and may | ||
contain facilities for funeral or wake services.
| ||
"Holding facility" means an area that (i) is designated for | ||
the retention of
human remains prior to cremation, (ii) | ||
complies with all applicable public
health law, (iii) preserves | ||
the health and safety of the crematory authority
personnel, and | ||
(iv) is secure from access by anyone other than authorized
| ||
persons. A holding facility may be located in a cremation room.
| ||
"Human remains" means the body of a deceased person, | ||
including
any form of body prosthesis that has been permanently | ||
attached or
implanted in the body.
|
"Licensee" means an entity licensed under this Act. An | ||
entity that holds itself as a licensee or that is accused of | ||
unlicensed practice is considered a licensee for purposes of | ||
enforcement, investigation, hearings, and the Illinois | ||
Administrative Procedure Act. | ||
"Niche" means a compartment or cubicle for the | ||
memorialization and permanent
placement of an urn containing | ||
cremated remains.
| ||
"Person" means any person, partnership, association, | ||
corporation, limited liability company, or other entity, and in | ||
the case of any such business organization, its officers, | ||
partners, members, or shareholders possessing 25% or more of | ||
ownership of the entity. | ||
"Processing" means the reduction of identifiable bone | ||
fragments after the
completion of the cremation process to | ||
unidentifiable bone fragments by manual
or mechanical means.
| ||
"Pulverization" means the reduction of identifiable bone | ||
fragments after the
completion of the cremation process to | ||
granulated particles by manual or
mechanical means.
| ||
"Scattering area" means an area which may be designated by | ||
a cemetery and
located on dedicated cemetery property or | ||
property used for outdoor recreation or natural resource | ||
conservation owned by the Department of Natural Resources and | ||
designated as a scattering area, where cremated remains, which | ||
have been
removed
from their container, can be mixed with, or | ||
placed on top of, the soil or
ground cover.
|
"Temporary container" means a receptacle for cremated
| ||
remains, usually composed of cardboard, plastic or similar | ||
material, that
can be closed in a manner that prevents the | ||
leakage or spillage of the
cremated remains or the entrance of | ||
foreign material, and is a single
container of sufficient size | ||
to hold the cremated remains until an urn is
acquired or the | ||
cremated remains are scattered.
| ||
"Urn" means a receptacle
designed to encase the cremated | ||
remains.
| ||
(Source: P.A. 100-97, eff. 1-1-18; 100-526, eff. 6-1-18; | ||
revised 9-29-17.) | ||
Section 475. The Tattoo and Body Piercing Establishment | ||
Registration Act is amended by changing Section 10 as follows: | ||
(410 ILCS 54/10) | ||
Sec. 10. Definitions. In this Act:
| ||
"Aseptic technique" means a practice that prevents and | ||
hinders the transmission of disease-producing microorganisms | ||
from one person or place to another. | ||
"Body piercing" means penetrating the skin to make a hole, | ||
mark, or scar that is generally permanent in nature.
"Body | ||
piercing" does not include practices that are considered | ||
medical procedures or the puncturing of the outer perimeter or | ||
lobe of the ear using a pre-sterilized, single-use stud and | ||
clasp ear piercing system. |
"Client" means the person, customer, or patron whose skin | ||
will be tattooed or pierced.
| ||
"Communicable disease" means a disease that can be | ||
transmitted from person to person directly or indirectly, | ||
including diseases transmitted via blood or body fluids. | ||
"Department" means the Department of Public Health or other | ||
health authority designated as its agent. | ||
"Director" means the Director of Public Health or his or | ||
her designee. | ||
"Establishment" means a body-piercing operation, a | ||
tattooing operation, or a
combination of both operations in a | ||
multiple-type establishment. | ||
"Ink cup" means a small container for an individual portion | ||
of pigment that may be installed in a holder or palette and in | ||
which a small amount of pigment of a given color is placed.
| ||
"Multi-type establishment" means an operation encompassing | ||
both body piercing and tattooing on the same premises and under | ||
the same management.
| ||
"Person" means any individual, group of individuals, | ||
association, trust, partnership, corporation, or limited | ||
liability company. | ||
"Procedure area" means the immediate area where | ||
instruments and supplies are placed during a procedure. | ||
"Operator" means an individual, partnership, corporation, | ||
association, or other entity engaged in the business of owning, | ||
managing, or offering services of body piercing or tattooing.
|
"Sanitation" means the effective bactericidal and | ||
veridical treatment of clean equipment surfaces by a process | ||
that effectively destroys pathogens. | ||
"Single use" means items that are intended for one time and | ||
one person use only and are to then be discarded. | ||
"Sterilize" means to destroy all living organisms | ||
including spores. | ||
"Tattooing" means making permanent marks on the skin of a | ||
live human being by puncturing the skin and inserting indelible | ||
colors. "Tattooing" includes imparting permanent makeup on the | ||
skin, such as permanent lip coloring and permanent eyeliner. | ||
"Tattooing" does not include any of the following: | ||
(1) The practice of electrology as defined in the | ||
Electrologist Electrology Licensing Act. | ||
(2) The practice of acupuncture as defined in the | ||
Acupuncture Practice Licensing Act. | ||
(3) The use, by a physician licensed to practice | ||
medicine in all its branches, of colors, dyes, or pigments | ||
for the purpose of obscuring scar tissue or imparting color | ||
to the skin for cosmetic, medical, or figurative purposes.
| ||
(Source: P.A. 99-117, eff. 1-1-16; revised 9-29-17.) | ||
Section 480. The Public Health Standing Orders Act is | ||
amended by changing Section 5 as follows: | ||
(410 ILCS 125/5)
|
Sec. 5. Definitions. In this Act:
| ||
"Health care personnel" means persons working within the | ||
scope of their licensure or training and experience with a | ||
public health clinic who provide medical services, including | ||
volunteers and staff not employed by the public health clinic.
| ||
"Public health clinic" has the same meaning as provided in | ||
subsection (c) of Section 6-101 of the Local Governmental and | ||
Governmental Employees Tort Immunity Immunities Act. | ||
"Public health standing orders physician" has the same | ||
meaning as provided in subsection (d) of Section 6-101 of the | ||
Local Governmental and Governmental Employees Tort Immunity | ||
Immunities Act.
| ||
(Source: P.A. 97-589, eff. 1-1-12; revised 11-8-17.) | ||
Section 485. The Compassionate Use of Medical Cannabis | ||
Pilot Program Act is amended by changing Section 160 as | ||
follows: | ||
(410 ILCS 130/160) | ||
(Section scheduled to be repealed on July 1, 2020)
| ||
Sec. 160. Annual reports. (a) The Department of Public | ||
Health shall submit to the General Assembly a report, by | ||
September 30 of each year, that does not disclose any | ||
identifying information about registered qualifying patients, | ||
registered caregivers, or physicians, but does contain, at a | ||
minimum, all of the following information based on the fiscal |
year for reporting purposes:
| ||
(1) the number of applications and renewals filed for | ||
registry identification cards or registrations;
| ||
(2) the number of qualifying patients and designated | ||
caregivers served by each dispensary during the report | ||
year;
| ||
(3) the nature of the debilitating medical conditions | ||
of the qualifying patients;
| ||
(4) the number of registry identification cards or | ||
registrations revoked for misconduct;
| ||
(5) the number of physicians providing written | ||
certifications for qualifying patients; and
| ||
(6) the number of registered medical cannabis | ||
cultivation centers or registered dispensing | ||
organizations.
| ||
(Source: P.A. 98-122, eff. 1-1-14; revised 11-8-17.) | ||
Section 490. The Consent by Minors to Health Care Services | ||
Act is amended by changing Sections 1, 1.5, 2, 3, and 5 as | ||
follows:
| ||
(410 ILCS 210/1) (from Ch. 111, par. 4501)
| ||
Sec. 1. Consent by minor. The consent to the performance of | ||
a health care service
by a physician licensed to practice | ||
medicine in all its branches, a chiropractic physician, a | ||
licensed optometrist, a licensed advanced practice registered |
nurse, or a licensed physician assistant executed by a
married | ||
person who is a minor, by a parent who is a minor, by a pregnant
| ||
woman who is a minor, or by
any person 18 years of age or older, | ||
is not voidable because of such
minority, and, for such | ||
purpose, a married person who is a minor, a parent
who is a | ||
minor, a
pregnant woman who is a minor, or any person 18 years | ||
of age or older, is
deemed to have the same legal capacity to | ||
act and has the same powers and
obligations as has a person of | ||
legal age.
| ||
(Source: P.A. 99-173, eff. 7-29-15; 100-378, eff. 1-1-18; | ||
100-513, eff. 1-1-18; revised 9-29-17.)
| ||
(410 ILCS 210/1.5) | ||
Sec. 1.5. Consent by minor seeking care for limited primary | ||
care services. | ||
(a) The consent to the performance of primary care services | ||
by a physician licensed to practice medicine in all its | ||
branches, a licensed advanced practice registered nurse, a | ||
licensed physician assistant, a chiropractic physician, or a | ||
licensed optometrist executed by a minor seeking care is not | ||
voidable because of such minority, and for such purpose, a | ||
minor seeking care is deemed to have the same legal capacity to | ||
act and has the same powers and obligations as has a person of | ||
legal age under the following circumstances: | ||
(1) the health care professional reasonably believes | ||
that the minor seeking care understands the benefits and |
risks of any proposed primary care or services; and | ||
(2) the minor seeking care is identified in writing as | ||
a minor seeking care by: | ||
(A) an adult relative; | ||
(B) a representative of a homeless service agency | ||
that receives federal, State, county, or municipal | ||
funding to provide those services or that is otherwise | ||
sanctioned by a local continuum of care; | ||
(C) an attorney licensed to practice law in this | ||
State; | ||
(D) a public school homeless liaison or school | ||
social worker; | ||
(E) a social service agency providing services to | ||
at risk, homeless, or runaway youth; or | ||
(F) a representative of a religious organization. | ||
(b) A health care professional rendering primary care | ||
services under this Section shall not incur civil or criminal | ||
liability for failure to obtain valid consent or professional | ||
discipline for failure to obtain valid consent if he or she | ||
relied in good faith on the representations made by the minor | ||
or the information provided under paragraph (2) of subsection | ||
(a) of this Section. Under such circumstances, good faith shall | ||
be presumed. | ||
(c) The confidential nature of any communication between a | ||
health care professional described in Section 1 of this Act and | ||
a minor seeking care is not waived (1) by the presence, at the |
time of communication, of any additional persons present at the | ||
request of the minor seeking care, (2) by the health care | ||
professional's disclosure of confidential information to the | ||
additional person with the consent of the minor seeking care, | ||
when reasonably necessary to accomplish the purpose for which | ||
the additional person is consulted, or (3) by the health care | ||
professional billing a health benefit insurance or plan under | ||
which the minor seeking care is insured, is enrolled, or has | ||
coverage for the services provided. | ||
(d) Nothing in this Section shall be construed to limit or | ||
expand a minor's existing powers and obligations under any | ||
federal, State, or local law. Nothing in this Section shall be | ||
construed to affect the Parental Notice of Abortion Act of | ||
1995. Nothing in this Section affects the right or authority of | ||
a parent or legal guardian to verbally, in writing, or | ||
otherwise authorize health care services to be provided for a | ||
minor in their absence. | ||
(e) For the purposes of this Section: | ||
"Minor seeking care" means a person at least 14 years of | ||
age but less than 18 years of age who is living separate and | ||
apart from his or her parents or legal guardian, whether with | ||
or without the consent of a parent or legal guardian who is | ||
unable or unwilling to return to the residence of a parent, and | ||
managing his or her own personal affairs. "Minor seeking care" | ||
does not include minors who are under the protective custody, | ||
temporary custody, or guardianship of the Department of |
Children and Family Services. | ||
"Primary care services" means health care services that | ||
include screening, counseling, immunizations, medication, and | ||
treatment of illness and conditions customarily provided by | ||
licensed health care professionals in an out-patient setting, | ||
eye care services, excluding advanced optometric procedures, | ||
provided by optometrists, and services provided by | ||
chiropractic physicians according to the scope of practice of | ||
chiropractic physicians under the Medical Practice Act of 1987. | ||
"Primary care services" does not include invasive care, beyond | ||
standard injections, laceration care, or non-surgical fracture | ||
care.
| ||
(Source: P.A. 99-173, eff. 7-29-15; 100-378, eff. 1-1-18; | ||
100-513, eff. 1-1-18; revised 9-29-17.)
| ||
(410 ILCS 210/2) (from Ch. 111, par. 4502)
| ||
Sec. 2. Any parent, including a parent who is a minor, may | ||
consent to the
performance upon his or her child of a health | ||
care service by a
physician licensed to practice medicine in | ||
all its branches, a chiropractic physician, a licensed | ||
optometrist, a licensed advanced practice registered nurse, or | ||
a licensed physician assistant or a dental procedure
by a | ||
licensed dentist. The consent of a parent who is a minor shall | ||
not be
voidable because of such minority, but, for such | ||
purpose, a parent who is a
minor shall be deemed to have the | ||
same legal capacity to act and shall have
the same powers and |
obligations as has a person of legal age.
| ||
(Source: P.A. 99-173, eff. 7-29-15; 100-378, eff. 1-1-18; | ||
100-513, eff. 1-1-18; revised 9-29-17.)
| ||
(410 ILCS 210/3) (from Ch. 111, par. 4503)
| ||
Sec. 3. (a) Where a hospital, a physician licensed to | ||
practice medicine in all its branches, a chiropractic | ||
physician, a licensed optometrist, a licensed advanced | ||
practice registered nurse, or a licensed physician assistant | ||
renders emergency treatment or first aid or a licensed dentist
| ||
renders emergency dental treatment to a minor, consent of the | ||
minor's parent
or legal guardian need not be obtained if, in | ||
the sole opinion of the
physician, chiropractic physician, | ||
optometrist,
advanced practice registered nurse, physician | ||
assistant,
dentist, or hospital, the obtaining of consent is | ||
not reasonably feasible
under the circumstances without | ||
adversely affecting the condition of such
minor's health.
| ||
(b) Where a minor is the victim of a predatory criminal | ||
sexual assault of
a child, aggravated criminal sexual assault, | ||
criminal sexual assault,
aggravated criminal sexual abuse or | ||
criminal sexual abuse, as provided in
Sections 11-1.20 through | ||
11-1.60 of the Criminal Code of 2012, the consent
of the | ||
minor's parent or legal guardian need not be obtained to | ||
authorize
a hospital, physician, chiropractic physician, | ||
optometrist, advanced practice registered nurse, physician | ||
assistant, or other medical personnel to furnish health care |
services
or counseling related to the diagnosis or treatment of | ||
any disease or injury
arising from such offense. The minor may | ||
consent to such counseling, diagnosis
or treatment as if the | ||
minor had reached his or her age of majority. Such
consent | ||
shall not be voidable, nor subject to later disaffirmance, | ||
because
of minority.
| ||
(Source: P.A. 99-173, eff. 7-29-15; 100-378, eff. 1-1-18; | ||
100-513, eff. 1-1-18; revised 9-29-17.)
| ||
(410 ILCS 210/5) (from Ch. 111, par. 4505)
| ||
Sec. 5. Counseling; informing parent or guardian. Any | ||
physician licensed to practice medicine in all its branches, | ||
advanced practice registered nurse, or physician assistant,
| ||
who
provides diagnosis or treatment or any
licensed clinical | ||
psychologist or professionally trained social worker
with a | ||
master's degree or any qualified person employed (i) by an
| ||
organization licensed or funded by the Department of Human
| ||
Services, (ii) by units of local
government, or (iii) by | ||
agencies or organizations operating drug abuse programs
funded | ||
or licensed by the Federal Government or the State of Illinois
| ||
or any qualified person employed by or associated with any | ||
public or private
alcoholism or drug abuse program licensed by | ||
the State of Illinois who
provides counseling to a minor | ||
patient who has come into contact with any
sexually transmitted | ||
disease referred to in Section 4 of this
Act may, but shall not | ||
be
obligated to, inform the parent, parents, or guardian of the |
minor as to
the treatment given or needed. Any person described | ||
in this Section who
provides counseling to a minor who abuses | ||
drugs or alcohol or has a family
member who abuses drugs or | ||
alcohol shall not inform the parent, parents,
guardian, or | ||
other responsible adult of the minor's condition or treatment
| ||
without the minor's consent unless that action is, in the | ||
person's
judgment, necessary to protect the safety of the | ||
minor, a family member, or
another individual.
| ||
Any such person shall, upon the minor's consent, make | ||
reasonable efforts
to involve the family of the minor in his or | ||
her treatment, if the person
furnishing the treatment believes | ||
that the involvement of the family will
not be detrimental to | ||
the progress and care of the minor. Reasonable effort
shall be | ||
extended to assist the minor in accepting the involvement of | ||
his
or her family in the care and treatment being given.
| ||
(Source: P.A. 100-378, eff. 1-1-18; 100-513, eff. 1-1-18; | ||
revised 9-29-17.)
| ||
Section 495. The Perinatal HIV Prevention Act is amended by | ||
changing Section 5 as follows:
| ||
(410 ILCS 335/5)
| ||
Sec. 5. Definitions. In this Act:
| ||
"Birth center" means a facility licensed by the Department | ||
under paragraph (6) of Section 35 of the Alternative Health | ||
Care Delivery Act. |
"Department" means the Department of Public Health.
| ||
"Health care professional" means a physician licensed to | ||
practice
medicine in all its branches, a licensed physician | ||
assistant, or a licensed
advanced
practice registered nurse.
| ||
"Health care facility" or "facility" means any hospital, | ||
birth center, or other
institution that is licensed or | ||
otherwise authorized to deliver health care
services.
| ||
"Health care services" means any prenatal medical care or | ||
labor or
delivery services to a pregnant woman and her newborn | ||
infant, including
hospitalization.
| ||
"Opt-out testing" means an approach in which an HIV test is | ||
offered to the patient, such that the patient is notified that | ||
HIV testing may occur unless the patient opts out by declining | ||
the test. | ||
"Third trimester" means the 27th week of pregnancy through | ||
delivery. | ||
(Source: P.A. 99-173, eff. 7-29-15; 100-265, eff. 8-22-17; | ||
100-513, eff. 1-1-18; revised 9-29-17.)
| ||
Section 500. The Vital Records Act is amended by changing | ||
Sections 1 and 24.6 as follows:
| ||
(410 ILCS 535/1) (from Ch. 111 1/2, par. 73-1)
| ||
Sec. 1. As used in this Act, unless the context otherwise | ||
requires:
| ||
(1) "Vital records" means records of births, deaths, fetal |
deaths,
marriages, dissolution of marriages, and data related | ||
thereto.
| ||
(2) "System of vital records" includes the registration, | ||
collection,
preservation, amendment, and certification of | ||
vital records, and
activities related thereto.
| ||
(3) "Filing" means the presentation of a certificate, | ||
report, or
other record provided for in this Act, of a birth, | ||
death, fetal death,
adoption, marriage, or dissolution of | ||
marriage, for registration by the Office of Vital
Records.
| ||
(4) "Registration" means the acceptance by the Office of | ||
Vital
Records and the incorporation in its official records of | ||
certificates,
reports, or other records provided for in this | ||
Act, of births, deaths,
fetal deaths, adoptions, marriages, or | ||
dissolution of marriages.
| ||
(5) "Live birth" means the complete expulsion or extraction | ||
from its
mother of a product of human conception, irrespective | ||
of the duration of
pregnancy, which after such separation | ||
breathes or shows any other
evidence of life such as beating of | ||
the heart, pulsation of the
umbilical cord, or definite | ||
movement of voluntary muscles, whether or
not the umbilical | ||
cord has been cut or the placenta is attached.
| ||
(6) "Fetal death" means death prior to the complete | ||
expulsion or
extraction from its mother of a product of human | ||
conception,
irrespective of the duration of pregnancy; the | ||
death is indicated by the
fact that after such separation the | ||
fetus does not breathe or show any
other evidence of life such |
as beating of the heart, pulsation of the
umbilical cord, or | ||
definite movement of voluntary muscles.
| ||
(7) "Dead body" means a lifeless human body or parts of | ||
such body or
bones thereof from the state of which it may | ||
reasonably be concluded
that death has occurred.
| ||
(8) "Final disposition" means the burial, cremation, or | ||
other
disposition of a dead human body or fetus or parts | ||
thereof.
| ||
(9) "Physician" means a person licensed to practice | ||
medicine in
Illinois or any other state State .
| ||
(10) "Institution" means any establishment, public or | ||
private, which
provides in-patient medical, surgical, or | ||
diagnostic care or treatment,
or nursing, custodial, or | ||
domiciliary care to 2 or more unrelated
individuals, or to | ||
which persons are committed by law.
| ||
(11) "Department" means the Department of Public Health of | ||
the State
of Illinois.
| ||
(12) "Director" means the Director of the Illinois | ||
Department of
Public Health.
| ||
(13) "Licensed health care professional" means a person | ||
licensed to practice as a physician, advanced practice | ||
registered nurse, or physician assistant in Illinois or any | ||
other state. | ||
(14) "Licensed mental health professional" means a person | ||
who is licensed or registered to provide mental health services | ||
by the Department of Financial and Professional Regulation or a |
board of registration duly authorized to register or grant | ||
licenses to persons engaged in the practice of providing mental | ||
health services in Illinois or any other state. | ||
(15) "Intersex condition" means a condition in which a | ||
person is born with a reproductive or sexual anatomy or | ||
chromosome pattern that does not fit typical definitions of | ||
male or female. | ||
(16) (13) "Homeless person" means an individual who meets | ||
the definition of "homeless" under Section 103 of the federal | ||
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302) or an | ||
individual residing in any of the living situations described | ||
in 42 U.S.C. 11434a(2). | ||
(Source: P.A. 100-360, eff. 1-1-18; 100-506, eff. 1-1-18; | ||
revised 9-29-17.)
| ||
(410 ILCS 535/24.6) | ||
Sec. 24.6. Access to records; State Treasurer. Any | ||
information contained in the vital records shall be made | ||
available at no cost to the State Treasurer for administrative | ||
purposes related to the Revised Uniform Disposition of | ||
Unclaimed Property Act.
| ||
(Source: P.A. 100-543, eff. 1-1-18; revised 12-14-17.) | ||
Section 505. The Environmental Protection Act is amended by | ||
changing Sections 5, 22.15, 29, 41, 42, 44.1, 55, and 55.6 as | ||
follows:
|
(415 ILCS 5/5) (from Ch. 111 1/2, par. 1005)
| ||
Sec. 5. Pollution Control Board.
| ||
(a) There is hereby created an independent board to be | ||
known as the
Pollution Control Board.
| ||
On and after August 11, 2003 (the effective date of Public | ||
Act 93-509), the Board shall consist
of 5 technically qualified | ||
members, no more than 3 of whom may be of the same
political | ||
party, to be appointed by the Governor with the advice and | ||
consent
of the Senate. Members shall have verifiable technical, | ||
academic, or actual
experience in the field of pollution | ||
control or environmental law and
regulation.
| ||
One member shall be appointed for a term ending July 1, | ||
2004,
2 shall be appointed for terms ending July 1, 2005, and 2 | ||
shall be appointed
for terms ending July 1, 2006. Thereafter, | ||
all members shall hold office for
3 years from the first day of | ||
July in the year in which they were appointed,
except in case | ||
of an appointment to fill a vacancy. In case of a vacancy in
| ||
the office when the Senate is not in session, the Governor may | ||
make a temporary
appointment until the next meeting of the | ||
Senate, when he or she shall
nominate some person to fill such | ||
office; and any person so nominated, who is
confirmed by the | ||
Senate, shall hold the office during the remainder of the
term.
| ||
Members of the Board shall hold office until their | ||
respective successors
have been appointed and qualified. Any | ||
member may resign from office, such
resignation to take effect |
when a successor has been appointed and has
qualified.
| ||
Board members shall be paid $37,000 per year or an amount | ||
set by the
Compensation Review Board, whichever is greater, and | ||
the Chairman shall
be paid $43,000 per year or an amount set by | ||
the Compensation Review Board,
whichever is greater. Each | ||
member shall devote his or her entire time to the
duties of the | ||
office, and shall hold no other office or position of profit, | ||
nor
engage in any other business, employment, or vocation. Each | ||
member shall be
reimbursed for expenses necessarily incurred | ||
and shall make a financial disclosure upon
appointment.
| ||
The Board may employ one assistant for each member and 2 | ||
assistants for the
Chairman. The Board also may employ and
| ||
compensate hearing officers to preside at hearings under this | ||
Act, and such
other personnel as may be necessary. Hearing | ||
officers shall be attorneys
licensed to practice law in | ||
Illinois.
| ||
The Board may have an Executive Director; if so, the | ||
Executive Director
shall be appointed by the Governor with the | ||
advice and consent of the Senate.
The salary and duties of the | ||
Executive Director shall be fixed by the Board.
| ||
The Governor shall designate one Board member to be | ||
Chairman, who
shall serve at the pleasure of the Governor.
| ||
The Board shall hold at least one meeting each month and | ||
such
additional meetings as may be prescribed by Board rules. | ||
In addition,
special meetings may be called by the Chairman or | ||
by any 2 Board
members, upon delivery of 48 hours written |
notice to the office of each
member. All Board meetings shall | ||
be open to the public, and public
notice of all meetings shall | ||
be given at least 48 hours in
advance of each meeting. In | ||
emergency situations in which a majority of
the Board certifies | ||
that exigencies of time require the requirements of
public | ||
notice and of 24 hour written notice to members may be
| ||
dispensed with, and Board members shall receive such notice as | ||
is
reasonable under the circumstances.
| ||
Three members of the Board shall
constitute a quorum to | ||
transact business; and the affirmative vote of 3 members is | ||
necessary to adopt any order. The Board shall keep a complete | ||
and accurate record of all its
meetings.
| ||
(b) The Board shall determine, define and implement the
| ||
environmental control standards applicable in the State of | ||
Illinois and
may adopt rules and regulations in accordance with | ||
Title VII of this Act.
| ||
(c) The Board shall have authority to act for the State in | ||
regard to
the adoption of standards for submission to the | ||
United States under any
federal law respecting environmental | ||
protection. Such standards shall be
adopted in accordance with | ||
Title VII of the Act and upon adoption shall
be forwarded to | ||
the Environmental Protection Agency for submission to
the | ||
United States pursuant to subsections (l) and (m) of Section 4 | ||
of this
Act. Nothing in this paragraph shall limit the | ||
discretion of the Governor to
delegate authority granted to the | ||
Governor under any federal law.
|
(d) The Board shall have authority to conduct proceedings
| ||
upon complaints charging violations of this Act, any rule or | ||
regulation
adopted under this Act, any permit or term or | ||
condition of a permit, or any
Board order; upon
administrative | ||
citations; upon petitions for variances, adjusted standards, | ||
or time-limited water quality standards;
upon petitions for | ||
review of the Agency's final determinations on permit
| ||
applications in accordance with Title X of this Act; upon | ||
petitions to remove
seals under Section 34 of this Act; and | ||
upon other petitions for review of
final determinations which | ||
are made pursuant to this Act or Board rule and
which involve a | ||
subject which the Board is authorized to regulate. The Board
| ||
may also conduct other proceedings as may be provided by this | ||
Act or any other
statute or rule.
| ||
(e) In connection with any proceeding pursuant to
| ||
subsection (b) or (d) of this Section, the Board may
subpoena | ||
and compel the attendance of witnesses and the production of | ||
evidence
reasonably necessary to resolution of the matter under | ||
consideration. The
Board shall issue such subpoenas upon the | ||
request of any party to a proceeding
under subsection (d) of | ||
this Section or upon its own motion.
| ||
(f) The Board may prescribe reasonable fees for permits | ||
required
pursuant to this Act. Such fees in the aggregate may | ||
not exceed the total
cost to the Agency for its inspection and | ||
permit systems. The Board may not
prescribe any permit fees | ||
which are different in amount from those established
by this |
Act.
| ||
(Source: P.A. 99-934, eff. 1-27-17; 99-937, eff. 2-24-17; | ||
revised 2-27-17.)
| ||
(415 ILCS 5/22.15) (from Ch. 111 1/2, par. 1022.15)
| ||
Sec. 22.15. Solid Waste Management Fund; fees.
| ||
(a) There is hereby created within the State Treasury a
| ||
special fund to be known as the "Solid Waste Management Fund", | ||
to be
constituted from the fees collected by the State pursuant | ||
to this Section,
from repayments of loans made from the Fund | ||
for solid waste projects, from registration fees collected | ||
pursuant to the Consumer Electronics Recycling Act, and from | ||
amounts transferred into the Fund pursuant to Public Act | ||
100-433 this amendatory Act of the 100th General Assembly .
| ||
Moneys received by the Department of Commerce and Economic | ||
Opportunity
in repayment of loans made pursuant to the Illinois | ||
Solid Waste Management
Act shall be deposited into the General | ||
Revenue Fund.
| ||
(b) The Agency shall assess and collect a
fee in the amount | ||
set forth herein from the owner or operator of each sanitary
| ||
landfill permitted or required to be permitted by the Agency to | ||
dispose of
solid waste if the sanitary landfill is located off | ||
the site where such waste
was produced and if such sanitary | ||
landfill is owned, controlled, and operated
by a person other | ||
than the generator of such waste. The Agency shall deposit
all | ||
fees collected into the Solid Waste Management Fund. If a site |
is
contiguous to one or more landfills owned or operated by the | ||
same person, the
volumes permanently disposed of by each | ||
landfill shall be combined for purposes
of determining the fee | ||
under this subsection.
| ||
(1) If more than 150,000 cubic yards of non-hazardous | ||
solid waste is
permanently disposed of at a site in a | ||
calendar year, the owner or operator
shall either pay a fee | ||
of 95 cents per cubic yard or,
alternatively, the owner or | ||
operator may weigh the quantity of the solid waste
| ||
permanently disposed of with a device for which | ||
certification has been obtained
under the Weights and | ||
Measures Act and pay a fee of $2.00 per
ton of solid waste | ||
permanently disposed of. In no case shall the fee collected
| ||
or paid by the owner or operator under this paragraph | ||
exceed $1.55 per cubic yard or $3.27 per ton.
| ||
(2) If more than 100,000 cubic yards but not more than | ||
150,000 cubic
yards of non-hazardous waste is permanently | ||
disposed of at a site in a calendar
year, the owner or | ||
operator shall pay a fee of $52,630.
| ||
(3) If more than 50,000 cubic yards but not more than | ||
100,000 cubic
yards of non-hazardous solid waste is | ||
permanently disposed of at a site
in a calendar year, the | ||
owner or operator shall pay a fee of $23,790.
| ||
(4) If more than 10,000 cubic yards but not more than | ||
50,000 cubic
yards of non-hazardous solid waste is | ||
permanently disposed of at a site
in a calendar year, the |
owner or operator shall pay a fee of $7,260.
| ||
(5) If not more than 10,000 cubic yards of | ||
non-hazardous solid waste is
permanently disposed of at a | ||
site in a calendar year, the owner or operator
shall pay a | ||
fee of $1050.
| ||
(c) (Blank).
| ||
(d) The Agency shall establish rules relating to the | ||
collection of the
fees authorized by this Section. Such rules | ||
shall include, but not be
limited to:
| ||
(1) necessary records identifying the quantities of | ||
solid waste received
or disposed;
| ||
(2) the form and submission of reports to accompany the | ||
payment of fees
to the Agency;
| ||
(3) the time and manner of payment of fees to the | ||
Agency, which payments
shall not be more often than | ||
quarterly; and
| ||
(4) procedures setting forth criteria establishing | ||
when an owner or
operator may measure by weight or volume | ||
during any given quarter or other
fee payment period.
| ||
(e) Pursuant to appropriation, all monies in the Solid | ||
Waste Management
Fund shall be used by the Agency and the | ||
Department of Commerce and Economic Opportunity for the | ||
purposes set forth in this Section and in the Illinois
Solid | ||
Waste Management Act, including for the costs of fee collection | ||
and
administration, and for the administration of (1) the | ||
Consumer Electronics Recycling Act and (2) until January 1, |
2020, the Electronic Products Recycling and Reuse Act.
| ||
(f) The Agency is authorized to enter into such agreements | ||
and to
promulgate such rules as are necessary to carry out its | ||
duties under this
Section and the Illinois Solid Waste | ||
Management Act.
| ||
(g) On the first day of January, April, July, and October | ||
of each year,
beginning on July 1, 1996, the State Comptroller | ||
and Treasurer shall
transfer $500,000 from the Solid Waste | ||
Management Fund to the Hazardous Waste
Fund. Moneys transferred | ||
under this subsection (g) shall be used only for the
purposes | ||
set forth in item (1) of subsection (d) of Section 22.2.
| ||
(h) The Agency is authorized to provide financial | ||
assistance to units of
local government for the performance of | ||
inspecting, investigating and
enforcement activities pursuant | ||
to Section 4(r) at nonhazardous solid
waste disposal sites.
| ||
(i) The Agency is authorized to conduct household waste | ||
collection and
disposal programs.
| ||
(j) A unit of local government, as defined in the Local | ||
Solid Waste Disposal
Act, in which a solid waste disposal | ||
facility is located may establish a fee,
tax, or surcharge with | ||
regard to the permanent disposal of solid waste.
All fees, | ||
taxes, and surcharges collected under this subsection shall be
| ||
utilized for solid waste management purposes, including | ||
long-term monitoring
and maintenance of landfills, planning, | ||
implementation, inspection, enforcement
and other activities | ||
consistent with the Solid Waste Management Act and the
Local |
Solid Waste Disposal Act, or for any other environment-related | ||
purpose,
including but not limited to an environment-related | ||
public works project, but
not for the construction of a new | ||
pollution control facility other than a
household hazardous | ||
waste facility. However, the total fee, tax or surcharge
| ||
imposed by all units of local government under this subsection | ||
(j) upon the
solid waste disposal facility shall not exceed:
| ||
(1) 60¢ per cubic yard if more than 150,000 cubic yards | ||
of non-hazardous
solid waste is permanently disposed of at | ||
the site in a calendar year, unless
the owner or operator | ||
weighs the quantity of the solid waste received with a
| ||
device for which certification has been obtained under the | ||
Weights and Measures
Act, in which case the fee shall not | ||
exceed $1.27 per ton of solid waste
permanently disposed | ||
of.
| ||
(2) $33,350 if more than 100,000
cubic yards, but not | ||
more than 150,000 cubic yards, of non-hazardous waste
is | ||
permanently disposed of at the site in a calendar year.
| ||
(3) $15,500 if more than 50,000 cubic
yards, but not | ||
more than 100,000 cubic yards, of non-hazardous solid waste | ||
is
permanently disposed of at the site in a calendar year.
| ||
(4) $4,650 if more than 10,000 cubic
yards, but not | ||
more than 50,000 cubic yards, of non-hazardous solid waste
| ||
is permanently disposed of at the site in a calendar year.
| ||
(5) $ $650 if not more than 10,000 cubic
yards of | ||
non-hazardous solid waste is permanently disposed of at the |
site in
a calendar year.
| ||
The corporate authorities of the unit of local government
| ||
may use proceeds from the fee, tax, or surcharge to reimburse a | ||
highway
commissioner whose road district lies wholly or | ||
partially within the
corporate limits of the unit of local | ||
government for expenses incurred in
the removal of | ||
nonhazardous, nonfluid municipal waste that has been dumped
on | ||
public property in violation of a State law or local ordinance.
| ||
A county or Municipal Joint Action Agency that imposes a | ||
fee, tax, or
surcharge under this subsection may use the | ||
proceeds thereof to reimburse a
municipality that lies wholly | ||
or partially within its boundaries for expenses
incurred in the | ||
removal of nonhazardous, nonfluid municipal waste that has been
| ||
dumped on public property in violation of a State law or local | ||
ordinance.
| ||
If the fees are to be used to conduct a local sanitary | ||
landfill
inspection or enforcement program, the unit of local | ||
government must enter
into a written delegation agreement with | ||
the Agency pursuant to subsection
(r) of Section 4. The unit of | ||
local government and the Agency shall enter
into such a written | ||
delegation agreement within 60 days after the
establishment of | ||
such fees. At least annually,
the Agency shall conduct an audit | ||
of the expenditures made by units of local
government from the | ||
funds granted by the Agency to the units of local
government | ||
for purposes of local sanitary landfill inspection and | ||
enforcement
programs, to ensure that the funds have been |
expended for the prescribed
purposes under the grant.
| ||
The fees, taxes or surcharges collected under this | ||
subsection (j) shall
be placed by the unit of local government | ||
in a separate fund, and the
interest received on the moneys in | ||
the fund shall be credited to the fund. The
monies in the fund | ||
may be accumulated over a period of years to be
expended in | ||
accordance with this subsection.
| ||
A unit of local government, as defined in the Local Solid | ||
Waste Disposal
Act, shall prepare and distribute to the Agency, | ||
in April of each year, a
report that details spending plans for | ||
monies collected in accordance with
this subsection. The report | ||
will at a minimum include the following:
| ||
(1) The total monies collected pursuant to this | ||
subsection.
| ||
(2) The most current balance of monies collected | ||
pursuant to this
subsection.
| ||
(3) An itemized accounting of all monies expended for | ||
the previous year
pursuant to this subsection.
| ||
(4) An estimation of monies to be collected for the | ||
following 3
years pursuant to this subsection.
| ||
(5) A narrative detailing the general direction and | ||
scope of future
expenditures for one, 2 and 3 years.
| ||
The exemptions granted under Sections 22.16 and 22.16a, and | ||
under
subsection (k) of this Section, shall be applicable to | ||
any fee,
tax or surcharge imposed under this subsection (j); | ||
except that the fee,
tax or surcharge authorized to be imposed |
under this subsection (j) may be
made applicable by a unit of | ||
local government to the permanent disposal of
solid waste after | ||
December 31, 1986, under any contract lawfully executed
before | ||
June 1, 1986 under which more than 150,000 cubic yards (or | ||
50,000 tons)
of solid waste is to be permanently disposed of, | ||
even though the waste is
exempt from the fee imposed by the | ||
State under subsection (b) of this Section
pursuant to an | ||
exemption granted under Section 22.16.
| ||
(k) In accordance with the findings and purposes of the | ||
Illinois Solid
Waste Management Act, beginning January 1, 1989 | ||
the fee under subsection
(b) and the fee, tax or surcharge | ||
under subsection (j) shall not apply to:
| ||
(1) waste Waste which is hazardous waste; or
| ||
(2) waste Waste which is pollution control waste; or
| ||
(3) waste Waste from recycling, reclamation or reuse | ||
processes which have been
approved by the Agency as being | ||
designed to remove any contaminant from
wastes so as to | ||
render such wastes reusable, provided that the process
| ||
renders at least 50% of the waste reusable; or
| ||
(4) non-hazardous Non-hazardous solid waste that is | ||
received at a sanitary landfill
and composted or recycled | ||
through a process permitted by the Agency; or
| ||
(5) any Any landfill which is permitted by the Agency | ||
to receive only
demolition or construction debris or | ||
landscape waste.
| ||
(Source: P.A. 100-103, eff. 8-11-17; 100-433, eff. 8-25-17; |
revised 9-29-17.)
| ||
(415 ILCS 5/29) (from Ch. 111 1/2, par. 1029)
| ||
Sec. 29.
(a) Any person adversely affected or threatened by | ||
any rule
or regulation of the Board may obtain a determination | ||
of the validity or
application of such rule or regulation by | ||
petition under subsection (a) of Section
41 of this Act for | ||
judicial review of the Board's final order adopting the rule or | ||
regulation. For purposes of the 35-day appeal period of | ||
subsection (a) of Section 41, a person is deemed to have been | ||
served with the Board's final order on the date on which the | ||
rule or regulation becomes effective pursuant to the Illinois | ||
Administrative Procedure Act.
| ||
(b) Action by the Board in adopting any regulation for | ||
which judicial
review could have been obtained under Section 41 | ||
of this Act shall not be
subject to review regarding the | ||
regulation's validity or application in any
subsequent | ||
proceeding under Title VIII, Title IX , or Section 40 of this | ||
Act.
| ||
(c) This Section does not apply to orders entered by the | ||
Board pursuant to Section 38.5 of this Act. Final orders | ||
entered by the Board pursuant to Section 38.5 of this Act are | ||
subject to judicial review under subsection (j) of that | ||
Section. Interim orders entered by the Board pursuant to | ||
Section 38.5 are not subject to judicial review under this | ||
Section or Section 38.5. |
(Source: P.A. 99-934, eff. 1-27-17; 99-937, eff. 2-24-17; | ||
revised 2-27-17.)
| ||
(415 ILCS 5/41) (from Ch. 111 1/2, par. 1041)
| ||
Sec. 41. Judicial review.
| ||
(a) Any party to a Board hearing, any person who filed a | ||
complaint on which
a hearing was denied, any person who has | ||
been denied a variance or permit under
this Act, any party | ||
adversely affected by a final order or determination of the
| ||
Board, and any person who participated in the public comment | ||
process under
subsection (8) of Section 39.5 of this Act may | ||
obtain judicial review, by
filing a petition for review within | ||
35 days from the date that a copy of the
order or other final | ||
action sought to be reviewed was served upon the party
affected | ||
by the order or other final Board action complained of, under | ||
the
provisions of the Administrative Review Law, as amended and | ||
the rules adopted
pursuant thereto, except that review shall be | ||
afforded directly in the
Appellate Court for the District in | ||
which the cause of action arose and not in
the Circuit Court. | ||
For purposes of this subsection (a), the date of service of the | ||
Board's final order is the date on which the party received a | ||
copy of the order from the Board. Review of any rule or | ||
regulation promulgated by the Board
shall not be limited by | ||
this Section but may also be had as provided in Section
29 of | ||
this Act.
| ||
(b) Any final order of the Board under this Act shall be |
based solely
on the evidence in the record of the particular | ||
proceeding involved, and
any such final order for permit | ||
appeals, enforcement actions and variance
proceedings, shall | ||
be invalid if it is against the manifest weight of the
| ||
evidence. Notwithstanding this subsection, the Board may | ||
include such
conditions in granting a variance and may adopt | ||
such rules and regulations
as the policies of this Act may | ||
require. If an objection is made to a
variance condition, the | ||
board shall reconsider the condition within not
more than 75 | ||
days from the date of the objection.
| ||
(c) No challenge to the validity of a Board order shall be | ||
made in any
enforcement proceeding under Title XII of this Act | ||
as to any issue that
could have been raised in a timely | ||
petition for review under this Section.
| ||
(d) If there is no final action by the Board within 120 | ||
days on a request
for a variance which is subject to subsection | ||
(c) of Section 38 or a permit
appeal which is subject to | ||
paragraph (a) (3) of Section 40 or paragraph
(d) of Section | ||
40.2 or Section 40.3, the petitioner shall be entitled to an | ||
Appellate Court
order under this subsection. If a hearing is | ||
required under this Act and was
not held by the Board, the | ||
Appellate Court shall order the Board to conduct
such a | ||
hearing, and to make a decision within 90 days from the date of | ||
the
order. If a hearing was held by the Board, or if a hearing | ||
is not required
under this Act and was not held by the Board, | ||
the Appellate Court shall order
the Board to make a decision |
within 90 days from the date of the order.
| ||
The Appellate Court shall retain jurisdiction during the | ||
pendency of any
further action conducted by the Board under an | ||
order by the Appellate Court.
The Appellate Court shall have | ||
jurisdiction to review all issues of law and
fact presented | ||
upon appeal.
| ||
(e) This Section does not apply to orders entered by the | ||
Board pursuant to Section 38.5 of this Act. Final orders | ||
entered by the Board pursuant to Section 38.5 of this Act are | ||
subject to judicial review under subsection (j) of that | ||
Section. Interim orders entered by the Board pursuant to | ||
Section 38.5 are not subject to judicial review under this | ||
Section or Section 38.5. | ||
(Source: P.A. 99-463, eff. 1-1-16; 99-934, eff. 1-27-17; | ||
99-937, eff. 2-24-17; revised 2-27-17.)
| ||
(415 ILCS 5/42) (from Ch. 111 1/2, par. 1042) | ||
Sec. 42. Civil penalties. | ||
(a) Except as provided in this Section, any person that | ||
violates any
provision of this Act or any regulation adopted by | ||
the Board, or any permit
or term or condition thereof, or that | ||
violates any order of the Board pursuant
to this Act, shall be | ||
liable for a civil penalty of not to exceed
$50,000 for the | ||
violation and an additional civil penalty of not to exceed
| ||
$10,000 for each day during which the violation continues; such | ||
penalties may,
upon order of the Board or a court of competent |
jurisdiction, be made payable
to the Environmental Protection | ||
Trust Fund, to be used in accordance with the
provisions of the | ||
Environmental Protection Trust Fund Act. | ||
(b) Notwithstanding the provisions of subsection (a) of | ||
this Section: | ||
(1) Any person that violates Section 12(f) of this Act | ||
or any
NPDES permit or term or condition thereof, or any | ||
filing requirement,
regulation or order relating to the | ||
NPDES permit program, shall be liable
to a civil penalty of | ||
not to exceed $10,000 per day of violation. | ||
(2) Any person that violates Section 12(g) of this Act | ||
or any UIC permit
or term or condition thereof, or any | ||
filing requirement, regulation or order
relating to the | ||
State UIC program for all wells, except Class II wells as
| ||
defined by the Board under this Act, shall be liable to a | ||
civil penalty
not to exceed $2,500 per day of violation; | ||
provided, however, that any person
who commits such | ||
violations relating to the State UIC program for Class
II | ||
wells, as defined by the Board under this Act, shall be | ||
liable to a civil
penalty of not to exceed $10,000 for the | ||
violation and an additional civil
penalty of not to exceed | ||
$1,000 for each day during which the violation
continues. | ||
(3) Any person that violates Sections 21(f), 21(g), | ||
21(h) or 21(i) of
this Act, or any RCRA permit or term or | ||
condition thereof, or any filing
requirement, regulation | ||
or order relating to the State RCRA program, shall
be |
liable to a civil penalty of not to exceed $25,000 per day | ||
of violation. | ||
(4)
In an administrative citation action under Section | ||
31.1 of this Act,
any person found to have violated any | ||
provision of subsection (o) of
Section 21 of this Act shall | ||
pay a civil penalty of $500 for each
violation of each such | ||
provision, plus any hearing costs incurred by the Board
and | ||
the Agency. Such penalties shall be made payable to the | ||
Environmental
Protection Trust Fund, to be used in | ||
accordance with the provisions of the
Environmental | ||
Protection Trust Fund Act; except that if a unit of local
| ||
government issued the administrative citation, 50% of the | ||
civil penalty shall
be payable to the unit of local | ||
government. | ||
(4-5) In an administrative citation action under | ||
Section 31.1 of this
Act, any person found to have violated | ||
any
provision of subsection (p) of
Section 21, Section | ||
22.51, Section 22.51a, or subsection (k) of Section 55 of | ||
this Act shall pay a civil penalty of $1,500 for each | ||
violation
of
each such provision, plus any hearing costs | ||
incurred by the Board and the
Agency, except that the civil | ||
penalty amount shall be $3,000 for
each violation of any | ||
provision of subsection (p) of Section 21, Section 22.51, | ||
Section 22.51a, or subsection (k) of Section 55 that is the
| ||
person's second or subsequent adjudication violation of | ||
that
provision. The penalties shall be deposited into the
|
Environmental Protection Trust Fund, to be used in | ||
accordance with the
provisions of the Environmental | ||
Protection Trust Fund Act; except that if a
unit of local | ||
government issued the administrative citation, 50% of the | ||
civil
penalty shall be payable to the unit of local | ||
government. | ||
(5) Any person who violates subsection 6 of Section | ||
39.5 of this Act
or any CAAPP permit, or term or condition | ||
thereof, or any fee or filing
requirement, or any duty to | ||
allow or carry out inspection, entry or
monitoring | ||
activities, or any regulation or order relating to the | ||
CAAPP
shall be liable for a civil penalty not to exceed | ||
$10,000 per day of violation. | ||
(6) Any owner or operator of a community water system | ||
that violates subsection (b) of Section 18.1 or subsection | ||
(a) of Section 25d-3 of this Act shall, for each day of | ||
violation, be liable for a civil penalty not to exceed $5 | ||
for each of the premises connected to the affected | ||
community water system. | ||
(7) Any person who violates Section 52.5 of this Act | ||
shall be liable for a civil penalty of up to $1,000 for the | ||
first violation of that Section and a civil penalty of up | ||
to $2,500 for a second or subsequent violation of that | ||
Section. | ||
(b.5) In lieu of the penalties set forth in subsections (a) | ||
and (b) of
this Section, any person who fails to file, in a |
timely manner, toxic
chemical release forms with the Agency | ||
pursuant to Section 25b-2
of this Act
shall be liable for a | ||
civil penalty of $100 per day for
each day the forms are
late, | ||
not to exceed a maximum total penalty of $6,000. This daily | ||
penalty
shall begin accruing on the thirty-first day after the
| ||
date that the person receives the warning notice issued by the | ||
Agency pursuant
to Section 25b-6 of this Act; and the penalty | ||
shall be paid to the Agency. The
daily accrual of penalties | ||
shall cease as of January 1 of the following year.
All | ||
penalties collected by the Agency pursuant to this subsection | ||
shall be
deposited into the Environmental Protection Permit and | ||
Inspection Fund. | ||
(c) Any person that violates this Act, any rule or | ||
regulation adopted under
this Act, any permit or term or | ||
condition of a permit, or any Board order and
causes the death | ||
of fish
or aquatic life shall, in addition to the other | ||
penalties provided by
this Act, be liable to pay to the State | ||
an additional sum for the
reasonable value of the fish or | ||
aquatic life destroyed. Any money so
recovered shall be placed | ||
in the Wildlife and Fish Fund in the State
Treasury. | ||
(d) The penalties provided for in this Section may be | ||
recovered in a
civil action. | ||
(e) The State's Attorney of the county in which the | ||
violation
occurred, or the Attorney General, may, at the | ||
request of the Agency or
on his own motion, institute a civil | ||
action for an injunction, prohibitory or mandatory, to
restrain |
violations of this Act, any rule or regulation adopted under | ||
this Act,
any permit or term or condition of a permit, or any | ||
Board order, or to require such other actions as may be | ||
necessary to address violations of this Act, any rule or | ||
regulation adopted under this Act, any permit or term or | ||
condition of a permit, or any Board order. | ||
(f) The State's Attorney of the county in which the | ||
violation
occurred, or the Attorney General, shall bring such | ||
actions in the name
of the people of the State of Illinois.
| ||
Without limiting any other authority which may exist for the | ||
awarding
of attorney's fees and costs, the Board or a court of | ||
competent
jurisdiction may award costs and reasonable | ||
attorney's fees, including the
reasonable costs of expert | ||
witnesses and consultants, to the State's
Attorney or the | ||
Attorney General in a case where he has prevailed against a
| ||
person who has committed a willful wilful , knowing , or repeated | ||
violation of this Act,
any rule or regulation adopted under | ||
this Act, any permit or term or condition
of a permit, or any | ||
Board order. | ||
Any funds collected under this subsection (f) in which the | ||
Attorney
General has prevailed shall be deposited in the
| ||
Hazardous Waste Fund created in Section 22.2 of this Act. Any | ||
funds
collected under this subsection (f) in which a State's | ||
Attorney has
prevailed shall be retained by the county in which | ||
he serves. | ||
(g) All final orders imposing civil penalties pursuant to |
this Section
shall prescribe the time for payment of such | ||
penalties. If any such
penalty is not paid within the time | ||
prescribed, interest on such penalty
at the rate set forth in | ||
subsection (a) of Section 1003 of the Illinois Income
Tax Act, | ||
shall be paid for the period from the date payment is due until | ||
the
date payment is received. However, if the time for payment | ||
is stayed during
the pendency of an appeal, interest shall not | ||
accrue during such stay. | ||
(h) In determining the appropriate civil penalty to be | ||
imposed under
subdivisions (a), (b)(1), (b)(2), (b)(3), | ||
(b)(5), (b)(6), or (b)(7) of this
Section, the Board is | ||
authorized to consider any matters of record in
mitigation or | ||
aggravation of penalty, including , but not limited to , the
| ||
following factors: | ||
(1) the duration and gravity of the violation; | ||
(2) the presence or absence of due diligence on the | ||
part of the
respondent in attempting to comply with | ||
requirements of this
Act and regulations thereunder or to | ||
secure relief therefrom as provided by
this Act; | ||
(3) any economic benefits accrued by the respondent
| ||
because of delay in compliance with requirements, in which | ||
case the economic
benefits shall be determined by the | ||
lowest cost alternative for achieving
compliance; | ||
(4) the amount of monetary penalty which will serve to | ||
deter further
violations by the respondent and to otherwise | ||
aid in enhancing
voluntary
compliance with this Act by the |
respondent and other persons
similarly
subject to the Act; | ||
(5) the number, proximity in time, and gravity of | ||
previously
adjudicated violations of this Act by the | ||
respondent; | ||
(6) whether the respondent voluntarily self-disclosed, | ||
in accordance
with subsection (i) of this Section, the | ||
non-compliance to the Agency; | ||
(7) whether the respondent has agreed to undertake a | ||
"supplemental
environmental project " , " which means an | ||
environmentally beneficial project that
a respondent | ||
agrees to undertake in settlement of an enforcement action | ||
brought
under this Act, but which the respondent is not | ||
otherwise legally required to
perform; and | ||
(8) whether the respondent has successfully completed | ||
a Compliance Commitment Agreement under subsection (a) of | ||
Section 31 of this Act to remedy the violations that are | ||
the subject of the complaint. | ||
In determining the appropriate civil penalty to be imposed | ||
under subsection
(a) or paragraph (1), (2), (3), (5), (6), or | ||
(7) of subsection (b) of this Section, the
Board shall ensure, | ||
in all cases, that the penalty is at least as great as the
| ||
economic benefits, if any, accrued by the respondent as a | ||
result of the
violation, unless the Board finds that imposition | ||
of such penalty would result
in an arbitrary or unreasonable | ||
financial hardship. However, such civil
penalty
may be off-set | ||
in whole or in part pursuant to a supplemental
environmental |
project agreed to by the complainant and the respondent. | ||
(i) A person who voluntarily self-discloses non-compliance | ||
to the Agency,
of which the Agency had been unaware, is | ||
entitled to a 100% reduction in the
portion of the penalty that | ||
is not based on the economic benefit of
non-compliance if the | ||
person can
establish the following: | ||
(1) that either the regulated entity is a small entity | ||
or the non-compliance was discovered through an | ||
environmental
audit or a compliance management system | ||
documented by the regulated entity as
reflecting the | ||
regulated entity's due diligence in preventing, detecting, | ||
and
correcting violations; | ||
(2) that the non-compliance was disclosed in writing | ||
within 30 days of
the date on which the person discovered | ||
it; | ||
(3) that the non-compliance was discovered and | ||
disclosed prior to: | ||
(i) the commencement of an Agency inspection, | ||
investigation, or request
for information; | ||
(ii) notice of a citizen suit; | ||
(iii) the filing of a complaint by a citizen, the | ||
Illinois Attorney
General, or the State's Attorney of | ||
the county in which the violation occurred; | ||
(iv) the reporting of the non-compliance by an | ||
employee of the person
without that person's | ||
knowledge; or |
(v) imminent discovery of the non-compliance by | ||
the Agency; | ||
(4) that the non-compliance is being corrected and any | ||
environmental
harm is being remediated in a timely fashion; | ||
(5) that the person agrees to prevent a recurrence of | ||
the non-compliance; | ||
(6) that no related non-compliance events have | ||
occurred in the
past 3 years at the same facility or in the | ||
past 5 years as part of a
pattern at multiple facilities | ||
owned or operated by the person; | ||
(7) that the non-compliance did not result in serious | ||
actual
harm or present an imminent and substantial | ||
endangerment to human
health or the environment or violate | ||
the specific terms of any judicial or
administrative order | ||
or consent agreement; | ||
(8) that the person cooperates as reasonably requested | ||
by the Agency
after the disclosure; and | ||
(9) that the non-compliance was identified voluntarily | ||
and not through a
monitoring, sampling, or auditing | ||
procedure that is required by statute, rule,
permit, | ||
judicial or administrative order, or consent agreement. | ||
If a person can establish all of the elements under this | ||
subsection except
the element set forth in paragraph (1) of | ||
this subsection, the person is
entitled to a 75% reduction in | ||
the portion of the penalty that is not based
upon the economic | ||
benefit of non-compliance. |
For the purposes of this subsection (i), "small entity" has | ||
the same meaning as in Section 221 of the federal Small | ||
Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. | ||
601). | ||
(j) In addition to any other remedy or penalty that may
| ||
apply, whether civil or criminal, any person who violates | ||
Section 22.52 of this Act shall be liable for an additional | ||
civil penalty of up to 3 times the gross amount of any | ||
pecuniary gain resulting from the violation.
| ||
(k) In addition to any other remedy or penalty that may | ||
apply, whether civil or criminal, any person who violates | ||
subdivision (a)(7.6) of Section 31 of this Act shall be liable | ||
for an additional civil penalty of $2,000. | ||
(Source: P.A. 99-934, eff. 1-27-17; 100-436, eff. 8-25-17; | ||
revised 1-22-18.)
| ||
(415 ILCS 5/44.1)
| ||
(Text of Section before amendment by P.A. 100-512 ) | ||
Sec. 44.1.
(a) In addition to all other civil and criminal | ||
penalties
provided by law, any person convicted of a criminal | ||
violation of this Act
or the regulations adopted thereunder | ||
shall forfeit to the State
(1) an amount equal to the value of | ||
all profits earned, savings realized,
and benefits incurred as | ||
a direct or indirect result of such violation, and
(2) any | ||
vehicle or conveyance used in the perpetration of such | ||
violation,
except as provided in subsection (b).
|
(b) Forfeiture of conveyances shall be subject to the | ||
following exceptions:
| ||
(1) No conveyance used by any person as a common | ||
carrier in the
transaction of business as a common carrier | ||
is subject to forfeiture under
this Section unless it is | ||
proven that the owner or other person in charge of
the | ||
conveyance consented to or was privy to the covered | ||
violation.
| ||
(2) No conveyance is subject to forfeiture under this | ||
Section by reason
of any covered violation which the owner | ||
proves to have been committed
without his knowledge or | ||
consent.
| ||
(3) A forfeiture of a conveyance encumbered by a bona | ||
fide security
interest is subject to the interest of the | ||
secured party if he neither had
knowledge of nor consented | ||
to the covered violation.
| ||
(c) Except as provided in subsection (d), all property | ||
subject to
forfeiture under this Section shall be seized | ||
pursuant to the order of a circuit court.
| ||
(d) Property subject to forfeiture under this Section may | ||
be seized by
the Director or any peace officer without process:
| ||
(1) if the seizure is incident to an inspection under | ||
an administrative
inspection warrant, or incident to the | ||
execution of a criminal search or arrest warrant;
| ||
(2) if the property subject to seizure has been the | ||
subject of a prior
judgment in favor of the State in a |
criminal proceeding, or in an
injunction or forfeiture | ||
proceeding based upon this Act; or
| ||
(3) if there is probable cause to believe that the | ||
property is directly
or indirectly dangerous to health or | ||
safety.
| ||
(e) Property taken or detained under this Section shall not | ||
be subject
to eviction or replevin, but is deemed to be in the
| ||
custody of the Director subject only to the order and judgments | ||
of the
circuit court having jurisdiction over the forfeiture | ||
proceedings. When
property is seized under this Act, the | ||
Director may:
| ||
(1) place the property under seal;
| ||
(2) secure the property or remove the property to a | ||
place designated by him; or
| ||
(3) require the sheriff of the county in which the | ||
seizure occurs to
take custody of the property and secure | ||
or remove it to an appropriate
location for disposition in | ||
accordance with law.
| ||
(f) All amounts forfeited under item (1) of subsection (a) | ||
shall be
apportioned in the following manner:
| ||
(1) 40% shall be deposited in the Hazardous Waste Fund | ||
created in Section 22.2;
| ||
(2) 30% shall be paid to the office of the Attorney | ||
General or the
State's Attorney of the county in which the | ||
violation occurred, whichever
brought and prosecuted the | ||
action; and
|
(3) 30% shall be paid to the law enforcement agency | ||
which investigated the violation.
| ||
Any funds received under this subsection (f) shall be used | ||
solely for the
enforcement of the environmental protection laws | ||
of this State.
| ||
(g) When property is forfeited under this Section the court | ||
may order:
| ||
(1) that the property shall be made available for the | ||
official use of
the Agency, the Office of the Attorney | ||
General, the State's Attorney of the
county in which the | ||
violation occurred, or the law enforcement
agency which | ||
investigated the violation, to be used solely for the
| ||
enforcement of the environmental protection laws of this | ||
State;
| ||
(2) the sheriff of the county in which the forfeiture | ||
occurs to
take custody of the property and remove it for | ||
disposition in accordance with law; or
| ||
(3) the sheriff of the county in which the forfeiture | ||
occurs to sell
that which is not required to be destroyed | ||
by law and which is not harmful
to the public. The proceeds | ||
of such sale shall be used for payment of all
proper | ||
expenses of the proceedings for forfeiture and sale, | ||
including
expenses of seizure, maintenance of custody, | ||
advertising and court costs,
and the balance, if any, shall | ||
be apportioned pursuant to subsection (f).
| ||
(Source: P.A. 100-173, eff. 1-1-18.)
|
(Text of Section after amendment by P.A. 100-512 )
| ||
Sec. 44.1.
(a) In addition to all other civil and criminal | ||
penalties
provided by law, any person convicted of a criminal | ||
violation of this Act
or the regulations adopted thereunder | ||
shall forfeit to the State
(1) an amount equal to the value of | ||
all profits earned, savings realized,
and benefits incurred as | ||
a direct or indirect result of such violation, and
(2) any | ||
vehicle or conveyance used in the perpetration of such | ||
violation,
except as provided in subsection (b).
| ||
(b) Forfeiture of conveyances shall be subject to the | ||
following exceptions:
| ||
(1) No conveyance used by any person as a common | ||
carrier in the
transaction of business as a common carrier | ||
is subject to forfeiture under
this Section unless it is | ||
proven that the owner or other person in charge of
the | ||
conveyance consented to or was privy to the covered | ||
violation.
| ||
(2) No conveyance is subject to forfeiture under this | ||
Section by reason
of any covered violation which the owner | ||
proves to have been committed
without his knowledge or | ||
consent.
| ||
(3) A forfeiture of a conveyance encumbered by a bona | ||
fide security
interest is subject to the interest of the | ||
secured party if he neither had
knowledge of nor consented | ||
to the covered violation.
|
(c) Except as provided in subsection (d), all property | ||
subject to
forfeiture under this Section shall be seized | ||
pursuant to the order of a circuit court.
| ||
(d) Property subject to forfeiture under this Section may | ||
be seized by
the Director or any peace officer without process:
| ||
(1) if the seizure is incident to an inspection under | ||
an administrative
inspection warrant, or incident to the | ||
execution of a criminal search or arrest warrant;
| ||
(2) if the property subject to seizure has been the | ||
subject of a prior
judgment in favor of the State in a | ||
criminal proceeding, or in an
injunction or forfeiture | ||
proceeding based upon this Act; or
| ||
(3) if there is probable cause to believe that the | ||
property is directly
or indirectly dangerous to health or | ||
safety.
| ||
(e) Property taken or detained under this Section shall not | ||
be subject
to eviction or replevin, but is deemed to be in the
| ||
custody of the Director subject only to the order and judgments | ||
of the
circuit court having jurisdiction over the forfeiture | ||
proceedings. When
property is seized under this Act, the | ||
Director may:
| ||
(1) place the property under seal;
| ||
(2) secure the property or remove the property to a | ||
place designated by him; or
| ||
(3) require the sheriff of the county in which the | ||
seizure occurs to
take custody of the property and secure |
or remove it to an appropriate
location for disposition in | ||
accordance with law.
| ||
(f) All amounts forfeited under item (1) of subsection (a) | ||
shall be
apportioned in the following manner:
| ||
(1) 40% shall be deposited in the Hazardous Waste Fund | ||
created in Section 22.2;
| ||
(2) 30% shall be paid to the office of the Attorney | ||
General or the
State's Attorney of the county in which the | ||
violation occurred, whichever
brought and prosecuted the | ||
action; and
| ||
(3) 30% shall be paid to the law enforcement agency | ||
which investigated the violation.
| ||
Any funds received under this subsection (f) shall be used | ||
solely for the
enforcement of the environmental protection laws | ||
of this State.
| ||
(g) When property is forfeited under this Section the court | ||
may order:
| ||
(1) that the property shall be made available for the | ||
official use of
the Agency, the Office of the Attorney | ||
General, the State's Attorney of the
county in which the | ||
violation occurred, or the law enforcement
agency which | ||
investigated the violation, to be used solely for the
| ||
enforcement of the environmental protection laws of this | ||
State;
| ||
(2) the sheriff of the county in which the forfeiture | ||
occurs to
take custody of the property and remove it for |
disposition in accordance with law; or
| ||
(3) the sheriff of the county in which the forfeiture | ||
occurs to sell
that which is not required to be destroyed | ||
by law and which is not harmful
to the public. The proceeds | ||
of such sale shall be used for payment of all
proper | ||
expenses of the proceedings for forfeiture and sale, | ||
including
expenses of seizure, maintenance of custody, | ||
advertising and court costs,
and the balance, if any, shall | ||
be apportioned pursuant to subsection (f).
| ||
(h) Property seized or forfeited under this Section is | ||
subject to reporting under the Seizure and Forfeiture Reporting | ||
Act. | ||
(Source: P.A. 100-173, eff. 1-1-18; 100-512, eff. 7-1-18; | ||
revised 10-2-17.)
| ||
(415 ILCS 5/55) (from Ch. 111 1/2, par. 1055)
| ||
Sec. 55. Prohibited activities.
| ||
(a) No person shall:
| ||
(1) Cause or allow the open dumping of any used or | ||
waste tire.
| ||
(2) Cause or allow the open burning of any used or | ||
waste tire.
| ||
(3) Except at a tire storage site which contains more | ||
than 50 used
tires, cause or allow the storage of any used | ||
tire unless the tire is
altered, reprocessed, converted, | ||
covered, or otherwise prevented from
accumulating water.
|
(4) Cause or allow the operation of a tire storage site | ||
except in
compliance with Board regulations.
| ||
(5) Abandon, dump or dispose of any used or waste tire | ||
on private or
public property, except in a sanitary | ||
landfill approved by the Agency
pursuant to regulations | ||
adopted by the Board.
| ||
(6) Fail to submit required reports, tire removal | ||
agreements,
or Board regulations.
| ||
(b) (Blank.)
| ||
(b-1) No person shall knowingly mix any used or waste tire, | ||
either whole or cut, with
municipal waste, and no owner or | ||
operator of a sanitary landfill shall accept
any used or waste | ||
tire for final disposal; except that used or waste tires,
when | ||
separated from other waste, may be accepted if the sanitary | ||
landfill
provides and maintains a means for shredding, | ||
slitting, or chopping whole tires
and so treats whole tires | ||
and, if approved by the Agency in a permit issued
under this | ||
Act, uses the used or waste tires for alternative uses, which | ||
may
include on-site practices such as lining of roadways with | ||
tire scraps,
alternative daily cover, or use in a leachate | ||
collection system.
In the event the physical condition of a | ||
used or waste tire makes shredding,
slitting, chopping, reuse, | ||
reprocessing, or other alternative use of the used
or waste | ||
tire impractical or infeasible, then the sanitary landfill, | ||
after
authorization by the Agency, may accept the used or waste | ||
tire for disposal.
|
(c) Any person who sells new or used
tires at retail or | ||
operates a tire storage
site or a tire disposal site which | ||
contains more than 50 used or waste
tires shall give notice of | ||
such activity to the Agency. Any person
engaging in such | ||
activity for the first time after January 1, 1990, shall
give | ||
notice to the Agency within 30 days after the date of | ||
commencement of
the activity. The form of such notice shall be | ||
specified by the Agency and
shall be limited to information | ||
regarding the following:
| ||
(1) the name and address of the owner and operator;
| ||
(2) the name, address and location of the operation;
| ||
(3) the type of operations involving used and waste | ||
tires (storage,
disposal, conversion or processing); and
| ||
(4) the number of used and waste tires present at the | ||
location.
| ||
(d) Beginning January 1, 1992, no person shall cause or | ||
allow the
operation of:
| ||
(1) a tire storage site which contains more than 50 | ||
used tires,
unless the owner or operator, by January 1, | ||
1992 (or the January 1
following commencement of operation, | ||
whichever is later) and January 1 of
each year thereafter, | ||
(i) registers the site with the Agency, except that the | ||
registration requirement in this item (i) does not apply in | ||
the case of a tire storage site required to be permitted | ||
under subsection (d-5), (ii)
certifies to the Agency that | ||
the site complies with any applicable
standards adopted by |
the Board pursuant to Section 55.2, (iii) reports to
the | ||
Agency the number of tires accumulated, the status of | ||
vector controls,
and the actions taken to handle and | ||
process the tires, and (iv) pays the
fee required under | ||
subsection (b) of Section 55.6; or
| ||
(2) a tire disposal site, unless the owner or operator | ||
(i) has
received approval from the Agency after filing a | ||
tire removal agreement
pursuant to Section 55.4, or (ii) | ||
has entered into a written agreement to
participate in a | ||
consensual removal action under Section 55.3.
| ||
The Agency shall provide written forms for the annual | ||
registration and
certification required under this subsection | ||
(d).
| ||
(d-4) On or before January 1, 2015, the owner or operator | ||
of each tire storage site that contains used tires totaling | ||
more than 10,000 passenger tire equivalents, or at which more | ||
than 500 tons of used tires are processed in a calendar year, | ||
shall submit documentation demonstrating its compliance with | ||
Board rules adopted under this Title. This documentation must | ||
be submitted on forms and in a format prescribed by the Agency. | ||
(d-5) Beginning July 1, 2016, no person shall cause or | ||
allow the operation of a tire storage site that contains used | ||
tires totaling more than 10,000 passenger tire equivalents, or | ||
at which more than 500 tons of used tires are processed in a | ||
calendar year, without a permit granted by the Agency or in | ||
violation of any conditions imposed by that permit, including |
periodic reports and full access to adequate records and the | ||
inspection of facilities, as may be necessary to ensure | ||
compliance with this Act and with regulations and standards | ||
adopted under this Act. | ||
(d-6) No person shall cause or allow the operation of a | ||
tire storage site in violation of the financial assurance rules | ||
established by the Board under subsection (b) of Section 55.2 | ||
of this Act. In addition to the remedies otherwise provided | ||
under this Act, the State's Attorney of the county in which the | ||
violation occurred, or the Attorney General, may, at the | ||
request of the Agency or on his or her own motion, institute a | ||
civil action for an immediate injunction, prohibitory or | ||
mandatory, to restrain any violation of this subsection (d-6) | ||
or to require any other action as may be necessary to abate or | ||
mitigate any immediate danger or threat to public health or the | ||
environment at the site. Injunctions to restrain a violation of | ||
this subsection (d-6) may include, but are not limited to, the | ||
required removal of all tires for which financial assurance is | ||
not maintained and a prohibition against the acceptance of | ||
tires in excess of the amount for which financial assurance is | ||
maintained. | ||
(e) No person shall cause or allow the storage, disposal, | ||
treatment or
processing of any used or waste tire in violation | ||
of any regulation or
standard adopted by the Board.
| ||
(f) No person shall arrange for the transportation of used | ||
or waste tires
away from the site of generation with a person |
known to openly dump such tires.
| ||
(g) No person shall engage in any operation as a used or | ||
waste tire
transporter except in compliance with Board | ||
regulations.
| ||
(h) No person shall cause or allow the combustion of any | ||
used or waste
tire in an enclosed device unless a permit has | ||
been issued by the Agency
authorizing such combustion pursuant | ||
to regulations adopted by the Board
for the control of air | ||
pollution and consistent with the provisions of
Section 9.4 of | ||
this Act.
| ||
(i) No person shall cause or allow the use of pesticides to | ||
treat tires
except as prescribed by Board regulations.
| ||
(j) No person shall fail to comply with the terms of a tire | ||
removal
agreement approved by the Agency pursuant to Section | ||
55.4.
| ||
(k) No person shall: | ||
(1) Cause or allow water to accumulate in used or waste | ||
tires. The prohibition set forth in this paragraph (1) of | ||
subsection (k) shall not apply to used or waste tires | ||
located at a residential household, as long as not more | ||
than 4 used or waste tires at the site are covered and kept | ||
dry. | ||
(2) Fail to collect a fee required under Section 55.8 | ||
of this Title. | ||
(3) Fail to file a return required under Section 55.10 | ||
of this Title. |
(4) Transport used or waste tires in violation of the | ||
registration and vehicle placarding requirements adopted | ||
by the Board. | ||
(Source: P.A. 100-103, eff. 8-11-17; 100-327, eff. 8-24-17; | ||
revised 10-2-17.)
| ||
(415 ILCS 5/55.6) (from Ch. 111 1/2, par. 1055.6)
| ||
Sec. 55.6. Used Tire Management Fund.
| ||
(a) There is hereby created in the State Treasury a special
| ||
fund to be known as the Used Tire Management Fund. There shall | ||
be
deposited into the Fund all monies received as (1) recovered | ||
costs or
proceeds from the sale of used tires under Section | ||
55.3 of this Act, (2)
repayment of loans from the Used Tire | ||
Management Fund, or (3) penalties or
punitive damages for | ||
violations of this Title, except as provided by
subdivision | ||
(b)(4) or (b)(4-5) of Section 42.
| ||
(b) Beginning January 1, 1992, in addition to any other | ||
fees required by
law, the owner or operator of each site | ||
required to be registered or permitted under
subsection (d) or | ||
(d-5) of Section 55 shall pay to the Agency an annual fee of | ||
$100.
Fees collected under this subsection shall be deposited | ||
into the Environmental
Protection Permit and Inspection Fund.
| ||
(c) Pursuant to appropriation, monies up to an amount of $4 | ||
million per
fiscal year from the Used Tire Management Fund | ||
shall be allocated as follows:
| ||
(1) 38% shall be available to the Agency for the |
following
purposes, provided that priority shall be given | ||
to item (i):
| ||
(i) To undertake preventive, corrective or removal | ||
action as
authorized by and in accordance with Section | ||
55.3, and
to recover costs in accordance with Section | ||
55.3.
| ||
(ii) For the performance of inspection and | ||
enforcement activities for
used and waste tire sites.
| ||
(iii) (Blank).
| ||
(iv) To provide financial assistance to units of | ||
local government
for the performance of inspecting, | ||
investigating and enforcement activities
pursuant to | ||
subsection (r) of Section 4 at used and waste tire | ||
sites.
| ||
(v) To provide financial assistance for used and | ||
waste tire collection
projects sponsored by local | ||
government or not-for-profit corporations.
| ||
(vi) For the costs of fee collection and | ||
administration relating to
used and waste tires, and to | ||
accomplish such other purposes as are
authorized by | ||
this Act and regulations thereunder.
| ||
(vii) To provide financial assistance to units of | ||
local government and private industry for the purposes | ||
of: | ||
(A) assisting in the establishment of | ||
facilities and programs to collect, process, and |
utilize used and waste tires and tire-derived | ||
materials; | ||
(B) demonstrating the feasibility of | ||
innovative technologies as a means of collecting, | ||
storing, processing, and utilizing used and waste | ||
tires and tire-derived materials; and | ||
(C) applying demonstrated technologies as a | ||
means of collecting, storing, processing, and | ||
utilizing used and waste tires and tire-derived | ||
materials. | ||
(2) For fiscal years beginning prior to July 1, 2004,
| ||
23% shall be available to the Department of Commerce and
| ||
Economic Opportunity for the following purposes, provided | ||
that priority shall be
given to item (A):
| ||
(A) To provide grants or loans for the purposes of:
| ||
(i) assisting units of local government and | ||
private industry in the
establishment of | ||
facilities and programs to collect, process
and | ||
utilize used and waste tires and tire derived | ||
materials;
| ||
(ii) demonstrating the feasibility of | ||
innovative technologies as a
means of collecting, | ||
storing, processing and utilizing used
and waste | ||
tires and tire derived materials; and
| ||
(iii) applying demonstrated technologies as a | ||
means of collecting,
storing, processing, and |
utilizing used and waste tires
and tire derived | ||
materials.
| ||
(B) To develop educational material for use by | ||
officials and the public
to better understand and | ||
respond to the problems posed by used tires and
| ||
associated insects.
| ||
(C) (Blank).
| ||
(D) To perform such research as the Director deems | ||
appropriate to
help meet the purposes of this Act.
| ||
(E) To pay the costs of administration of its | ||
activities authorized
under this Act.
| ||
(2.1) For the fiscal year beginning July 1, 2004 and | ||
for all fiscal years thereafter, 23% shall be deposited | ||
into the General Revenue Fund.
| ||
(3) 25% shall be available to the Illinois Department | ||
of
Public Health for the following purposes:
| ||
(A) To investigate threats or potential threats to | ||
the public health
related to mosquitoes and other | ||
vectors of disease associated with the
improper | ||
storage, handling and disposal of tires, improper | ||
waste disposal,
or natural conditions.
| ||
(B) To conduct surveillance and monitoring | ||
activities for
mosquitoes and other arthropod vectors | ||
of disease, and surveillance of
animals which provide a | ||
reservoir for disease-producing organisms.
| ||
(C) To conduct training activities to promote |
vector control programs
and integrated pest management | ||
as defined in the Vector Control Act.
| ||
(D) To respond to inquiries, investigate | ||
complaints, conduct evaluations
and provide technical | ||
consultation to help reduce or eliminate public
health | ||
hazards and nuisance conditions associated with | ||
mosquitoes and other
vectors.
| ||
(E) To provide financial assistance to units of | ||
local government for
training, investigation and | ||
response to public nuisances associated with
| ||
mosquitoes and other vectors of disease.
| ||
(4) 2% shall be available to the Department of | ||
Agriculture for its
activities under the Illinois | ||
Pesticide Act relating to used and waste tires.
| ||
(5) 2% shall be available to the Pollution Control | ||
Board for
administration of its activities relating to used | ||
and waste tires.
| ||
(6) 10% shall be available to the University of | ||
Illinois for
the Prairie Research Institute to perform | ||
research to study the biology,
distribution, population | ||
ecology, and biosystematics of tire-breeding
arthropods, | ||
especially mosquitoes, and the diseases they spread.
| ||
(d) By January 1, 1998, and biennially thereafter, each | ||
State
agency receiving an appropriation from the Used Tire | ||
Management Fund shall
report to the Governor and the General | ||
Assembly on its activities relating to
the Fund.
|
(e) Any monies appropriated from the Used Tire Management | ||
Fund, but not
obligated, shall revert to the Fund.
| ||
(f) In administering the provisions of subdivisions (1), | ||
(2) and (3) of
subsection (c) of this Section, the Agency, the | ||
Department of Commerce and
Economic Opportunity, and the | ||
Illinois
Department of Public Health shall ensure that | ||
appropriate funding
assistance is provided to any municipality | ||
with a population over 1,000,000
or to any sanitary district | ||
which serves a population over 1,000,000.
| ||
(g) Pursuant to appropriation, monies in excess of $4 | ||
million per fiscal
year from the Used Tire Management Fund | ||
shall be used as follows:
| ||
(1) 55% shall be available to the Agency for the | ||
following purposes, provided that priority shall be given | ||
to subparagraph (A): | ||
(A) To undertake preventive,
corrective or renewed | ||
action as authorized by and in accordance with
Section | ||
55.3 and to recover costs in accordance with Section | ||
55.3.
| ||
(B) To provide financial assistance to units of | ||
local government and private industry for the purposes | ||
of: | ||
(i) assisting in the establishment of | ||
facilities and programs to collect, process, and | ||
utilize used and waste tires and tire-derived | ||
materials; |
(ii) demonstrating the feasibility of | ||
innovative technologies as a means of collecting, | ||
storing, processing, and utilizing used and waste | ||
tires and tire-derived materials; and | ||
(iii) applying demonstrated technologies as a | ||
means of collecting, storing, processing, and | ||
utilizing used and waste tires and tire-derived | ||
materials. | ||
(C) To provide grants to public universities for | ||
vector-related research, disease-related research, and | ||
for related laboratory-based equipment and field-based | ||
equipment. | ||
(2) For fiscal years beginning prior to July 1, 2004,
| ||
45% shall be available to the Department of Commerce and | ||
Economic Opportunity to provide grants or loans for the | ||
purposes of:
| ||
(i) assisting units of local government and | ||
private industry in the
establishment of facilities | ||
and programs to collect, process and utilize
waste | ||
tires and tire derived material;
| ||
(ii) demonstrating the feasibility of innovative | ||
technologies as a
means of collecting, storing, | ||
processing, and utilizing used and waste tires
and tire | ||
derived materials; and
| ||
(iii) applying demonstrated technologies as a | ||
means of collecting,
storing, processing, and |
utilizing used and waste tires and tire derived
| ||
materials.
| ||
(3) For the fiscal year beginning July 1, 2004 and for | ||
all fiscal years thereafter, 45% shall be deposited into | ||
the General Revenue Fund.
| ||
(Source: P.A. 100-103, eff. 8-11-17; 100-327, eff. 8-24-17; | ||
revised 10-2-17.)
| ||
Section 510. The Solid Waste Planning and Recycling Act is | ||
amended by changing Section 11 as follows:
| ||
(415 ILCS 15/11) (from Ch. 85, par. 5961)
| ||
Sec. 11.
(a) It shall be a violation of this Act for any | ||
person:
| ||
(1) To cause or assist in the violation of Section 9 or | ||
10 of this Act or
any regulation promulgated hereunder.
| ||
(2) To fail to adhere to the schedule set forth in, or | ||
pursuant to, this
Act for adopting and reviewing a waste | ||
management plan.
| ||
(3) To fail to implement the recycling component of an | ||
adopted waste management plan.
| ||
(Source: P.A. 85-1198; revised 11-8-17.)
| ||
Section 515. The Spent Nuclear Fuel Act is amended by | ||
changing Section 4 as follows:
|
(420 ILCS 15/4) (from Ch. 111 1/2, par. 230.24)
| ||
Sec. 4.
The State's States Attorney in a county where a | ||
violation occurs or
Attorney General may institute a civil | ||
action for immediate injunction to
halt any activity which is | ||
in violation of this Act.
| ||
(Source: P.A. 81-1516, Art. II; revised 10-21-15.)
| ||
Section 520. The Smoke Detector Act is amended by changing | ||
Section 4 as follows:
| ||
(425 ILCS 60/4) (from Ch. 127 1/2, par. 804)
| ||
(Text of Section before amendment by P.A. 100-200 )
| ||
Sec. 4.
(a) Willful failure to install or maintain in | ||
operating condition any
smoke detector required by this Act | ||
shall be a Class B misdemeanor.
| ||
(b) Tampering with, removing, destroying, disconnecting or | ||
removing the
batteries from any installed smoke detector, | ||
except in the course of
inspection, maintenance or replacement | ||
of the detector,
shall be a Class A misdemeanor in the case of | ||
a first conviction, and a
Class 4 felony in the case of a | ||
second or subsequent conviction.
| ||
(Source: P.A. 85-143.)
| ||
(Text of Section after amendment by P.A. 100-200 )
| ||
Sec. 4.
(a) Except as provided in subsection (c), willful | ||
failure to install or maintain in operating condition any
smoke |
detector required by this Act shall be a Class B misdemeanor.
| ||
(b) Except as provided in subsection (c), tampering with, | ||
removing, destroying, disconnecting or removing the
batteries | ||
from any installed smoke detector, except in the course of
| ||
inspection, maintenance or replacement of the detector,
shall | ||
be a Class A misdemeanor in the case of a first conviction, and | ||
a
Class 4 felony in the case of a second or subsequent | ||
conviction.
| ||
(c) A party in violation of the battery requirements of | ||
subsection (e) of Section 3 of this Act shall be provided with | ||
90 days' day's warning with which to rectify that violation. If | ||
that party fails to rectify the violation within that 90-day 90 | ||
day period, he or she may be assessed a fine of up to $100, and | ||
may be fined $100 every 30 days thereafter until either the | ||
violation is rectified or the cumulative amount of fines | ||
assessed reaches $1,500. The provisions of subsection (a) and | ||
(b) of this Section shall apply only after the penalty provided | ||
under this subsection (c) has been exhausted to the extent that | ||
a violating party has reached the $1,500 cumulative fine | ||
threshold and has failed to rectify the violation. | ||
If the alleged violation has been corrected prior to or on | ||
the date of the hearing scheduled to adjudicate the alleged | ||
violation, then the violation shall be dismissed . | ||
(Source: P.A. 100-200, eff. 1-1-23; revised 10-2-17.)
| ||
Section 525. The Wildlife Code is amended by changing |
Sections 2.35 and 3.19 as follows:
| ||
(520 ILCS 5/2.35) (from Ch. 61, par. 2.35)
| ||
Sec. 2.35. Wild game birds or fur-bearing mammals. | ||
(a) Migratory game birds, or any part or parts thereof, may | ||
be
possessed only in accordance with the regulations of the | ||
federal government Federal
Government .
| ||
(b) Except as provided in Sections 3.21, 3.23, 3.27, 3.28 , | ||
and
3.30 , it is unlawful to possess wild game birds or wild | ||
game mammals or any
parts thereof in excess of the legally | ||
established daily limit or possession
limit, whichever | ||
applies.
| ||
(c) Except as provided
in this Code, it is unlawful to
have | ||
in possession the green hides of fur-bearing mammals without a | ||
valid hunting or trapping license.
| ||
(d) Failure to establish proof of
the legality of the | ||
possession in another state or country and of
importation into | ||
this State, shall be prima facie evidence that
migratory game | ||
birds and game birds or any parts thereof,
and fur-bearing | ||
mammals or any parts thereof, were taken within this State.
| ||
(e) For all those species to which a daily or possession | ||
limit
shall apply, each hunter shall maintain his bag of such | ||
species separately
and distinctly from those of all other | ||
hunters.
| ||
(f) No person shall
receive or have in custody any | ||
protected species
belonging to another person, except in the |
personal abodes of the donor or recipient, unless such | ||
protected species are tagged in accordance with Section 2.30b | ||
of this Code or tagged with the hunter's or trapper's name,
| ||
address, total number of species, and the date such species | ||
were taken.
| ||
(Source: P.A. 100-123, eff. 1-1-18; revised 10-5-17.)
| ||
(520 ILCS 5/3.19) (from Ch. 61, par. 3.19)
| ||
Sec. 3.19. Permit requirements. Each resident fur buyer, | ||
nonresident
fur buyer, non-resident auction participant, | ||
fur-bearing fur bearing mammal breeder, or fur tanner shall | ||
have his or her permit
in his or her possession when receiving, | ||
collecting, buying, selling, or
offering for sale the green | ||
hides of fur-bearing mammals or
accepting the same for | ||
dressing, dyeing, or tanning and shall
immediately produce the | ||
same when requested to do so by an officer or authorized
| ||
employees of the Department, any sheriff, deputy sheriff or any | ||
other
peace officer. Persons conducting organized and
| ||
established auction sales or the green hides of fur-bearing
| ||
mammals, protected by this Act, shall be exempt from the | ||
provisions of
this Section.
| ||
(Source: P.A. 100-123, eff. 1-1-18; revised 10-5-17.)
| ||
Section 530. The Illinois Highway Code is amended by | ||
changing Sections 3-105 and 6-130 as follows:
|
(605 ILCS 5/3-105) (from Ch. 121, par. 3-105)
| ||
Sec. 3-105.
Except as otherwise provided in the Treasurer | ||
as Custodian
of Funds Act, all money received by the State
of | ||
Illinois from the federal government for aid in construction of | ||
highways
shall be placed in the Road Fund "Road Fund" in the | ||
State treasury Treasury . For the purposes of this Section, | ||
money received by the State of Illinois from the federal | ||
government under the Recreational Trails Program for grants or | ||
contracts obligated on or after October 1, 2017 shall not be | ||
considered for use as aid in construction of highways, and | ||
shall be placed in the Park and Conservation Fund "Park and | ||
Conservation Fund" in the State treasury.
| ||
Whenever any county having a population of 500,000 or more | ||
inhabitants
has incurred indebtedness and issued Expressway | ||
bonds as authorized by
Division 5-34 of
the Counties Code and | ||
has used
the proceeds of such bonds for the construction of | ||
Expressways in
accordance with the provisions of Section 15d of | ||
"An Act to revise the law
in relation to roads and bridges", | ||
approved June 27, 1913, as amended
(repealed) or
of Section | ||
5-403 of this Code in order to accelerate the improvement of
| ||
the National System of Interstate Highways, the federal aid | ||
primary highway
network or the federal aid highway network in | ||
urban areas, the State shall
appropriate and allot, from the | ||
allotments of federal funds made available
by Acts of Congress | ||
under the Federal Aid Road Act and as appropriated
and made | ||
available to the State of Illinois, to such county or counties |
a
sum sufficient to retire the bonded indebtedness due annually | ||
arising from
the issuance of those Expressway bonds issued for | ||
the purpose of
constructing Expressways in the county or | ||
counties. Such funds shall be
deposited in the Treasury of such | ||
county or counties for the purpose of
applying such funds to | ||
the payment of the Expressway bonds, principal and
interest due | ||
annually, issued pursuant to Division 5-34 of the Counties | ||
Code.
| ||
(Source: P.A. 100-127, eff. 1-1-18; revised 10-12-17.)
| ||
(605 ILCS 5/6-130) (from Ch. 121, par. 6-130)
| ||
Sec. 6-130. Road district abolishment. Notwithstanding any | ||
other provision of this Code to the contrary,
no
township road | ||
district may continue in existence if the roads forming a
part | ||
of the district do not exceed a total of 4 centerline miles in | ||
length as determined by the county engineer or county | ||
superintendent of highways. On the
first Tuesday in April of | ||
1975, or of any subsequent year next succeeding
the reduction | ||
of a township road system to a total mileage of 4 centerline | ||
miles or
less, each such township road district shall, by | ||
operation of law, be
abolished. The roads comprising that | ||
district at that time shall thereafter
be administered by the | ||
township board of trustees by contracting with the
county, a | ||
municipality or a private contractor. The township board of | ||
trustees
shall assume all taxing authority of a township road | ||
district abolished under
this Section.
|
(Source: P.A. 100-106, eff. 1-1-18; 100-107, eff. 1-1-18; | ||
revised 10-12-17.)
| ||
Section 535. The Illinois Aeronautics Act is amended by | ||
changing Sections 1 and 47 as follows:
| ||
(620 ILCS 5/1) (from Ch. 15 1/2, par. 22.1)
| ||
Sec. 1. Definitions. )
For the purposes of this Act, the | ||
words, terms, and phrases set forth in
Sections 2 to 23b, | ||
inclusive, shall have the meanings prescribed in such Sections
| ||
sections unless otherwise specifically defined, or unless | ||
another intention
clearly appears, or the context otherwise | ||
requires.
| ||
(Source: P.A. 79-1010; revised 10-12-17.)
| ||
(620 ILCS 5/47) (from Ch. 15 1/2, par. 22.47)
| ||
Sec. 47. Operation without certificate of approval | ||
unlawful;
applications. ) An application for a certificate of | ||
approval of an
airport or restricted landing area, or the | ||
alteration or extension
thereof, shall set forth, among other | ||
things, the location of all
railways, mains, pipes, conduits, | ||
wires, cables, poles and other
facilities and structures of | ||
public service corporations or municipal or
quasi-municipal | ||
corporations, located within the area proposed to be
acquired | ||
or restricted, and the names of persons owning the same, to the
| ||
extent that such information can be reasonably ascertained by |
the
applicant.
| ||
It shall be unlawful for any municipality or other | ||
political
subdivision, or officer or employee thereof, or for | ||
any person, to make
any alteration or extension of an existing | ||
airport or restricted landing
area, or to use or operate any | ||
airport or restricted landing area, for
which a certificate of | ||
approval has not been issued by the Department;
provided, that | ||
no certificate of approval shall be required for an
airport or | ||
restricted landing area which was in existence and approved
by | ||
the Illinois Aeronautics Commission, whether or not being | ||
operated,
on or before July 1, 1945, or for the O'Hare | ||
Modernization Program as defined
in Section 10
of the O'Hare
| ||
Modernization Act; except that a certificate of approval shall | ||
be required
under this Section
for construction of a new runway | ||
at O'Hare International Airport with a
geographical | ||
orientation that varies from a geographical east-west | ||
orientation
by more than 10 degrees, or for construction of a | ||
new runway at that airport
that would result in more than 10 | ||
runways being available for aircraft
operations at that | ||
airport.
The Department shall supervise, monitor, and enforce
| ||
compliance with the
O'Hare Modernization Act by all other | ||
departments, agencies, and units of State
and local
government.
| ||
Provisions of this Section do not apply to special purpose | ||
aircraft
designated as such by the Department when
operating to | ||
or
from uncertificated areas other than their principal base of | ||
operations,
provided mutually acceptable arrangements are made |
with the property
owner, and provided the owner or operator of | ||
the aircraft assumes
liabilities which may arise out of such | ||
operations.
| ||
(Source: P.A. 99-202, eff. 1-1-16; revised 10-12-17.)
| ||
Section 540. The Permanent Noise Monitoring Act is amended | ||
by changing Section 10 as follows:
| ||
(620 ILCS 35/10) (from Ch. 15 1/2, par. 760)
| ||
Sec. 10. Establishment of permanent noise monitoring | ||
systems. | ||
(a) No
later than December 31, 2008, each airport shall | ||
have an operable permanent
noise monitoring system. The system | ||
shall be
operated by the airport sponsor. The airport sponsor | ||
shall be responsible for the construction or the design and | ||
construction of any system not constructed or designed and | ||
constructed as of July 13, 2009 ( the effective date of Public | ||
Act 96-37) this amendatory Act of the 96th General Assembly . | ||
The cost of the systems and of the permanent
noise monitoring | ||
reports under Section 15 of this Act shall be borne
by the | ||
airport sponsor.
| ||
(b) On or before June 30, 2018 , each airport shall upgrade | ||
its permanent noise monitoring system to be capable of | ||
producing the data necessary to meet the requirements of this | ||
Act enacted in Public Act 99-202. On June 30, 2018 and | ||
thereafter , an airport's permanent noise monitoring report and |
noise contour maps shall be produced using the criteria in this | ||
Act enacted in Public Act 99-202. | ||
(Source: P.A. 100-165, eff. 8-18-17; revised 10-12-17.)
| ||
Section 545. The Illinois Vehicle Code is amended by | ||
changing Sections 1-118, 1-205.1, 1-205.2, 3-414, 3-611, | ||
3-699.14, 3-802, 3-809, 3-810, 3-810.1, 4-203, 4-216, 5-104, | ||
5-104.3, 5-503, 6-103, 6-115, 7-216, 7-604, 11-208, 12-503, | ||
12-601, 12-606, 12-806, 12-825, 15-301, and 15-308.2 as | ||
follows:
| ||
(625 ILCS 5/1-118) (from Ch. 95 1/2, par. 1-118)
| ||
Sec. 1-118. Essential parts. All integral and body parts of | ||
a vehicle
of a type required to be registered hereunder, the | ||
removal, alteration or
substitution of which would tend to | ||
conceal the identity of the vehicle or
substantially alter its | ||
appearance, model, type or mode of operation.
"Essential parts" | ||
includes the following: vehicle hulks, shells, chassis,
| ||
frames, front end assemblies (which may consist of headlight, | ||
grill,
fenders and hood), front clip (front end assembly with | ||
cowl attached), rear
clip (which may consist of quarter panels, | ||
fenders, floor and top), doors,
hatchbacks, fenders, cabs, cab | ||
clips, cowls, hoods, trunk lids, deck lids, bed, front bumper, | ||
rear bumper,
transmissions, seats, engines , and similar parts. | ||
"Essential parts"
Essential parts also includes fairings, fuel | ||
tanks, and forks of motorcycles. "Essential parts" Essential |
parts shall also include stereo radios.
| ||
An essential part which does not have affixed to it an | ||
identification
number as defined in Section 1-129 adopts the | ||
identification number of the
vehicle to which such part is | ||
affixed, installed or mounted.
| ||
"Essential parts" An "essential part" does not include an | ||
engine, transmission, or a rear axle that is used in a glider | ||
kit. | ||
(Source: P.A. 99-748, eff. 8-5-16; 100-409, eff. 8-25-17; | ||
revised 10-12-17.)
| ||
(625 ILCS 5/1-205.1) (from Ch. 95 1/2, par. 1-205.1)
| ||
Sec. 1-205.1. Tow truck Tow-Truck . Every truck designed or | ||
altered and equipped for and used to push, tow, carry
upon,
or | ||
draw vehicles by means of a crane, hoist, towbar, towline or
| ||
auxiliary axle, or carried upon to render assistance to | ||
disabled vehicles,
except for any
truck tractor temporarily | ||
converted to a tow truck by means of a portable
wrecker unit | ||
attached to the fifth wheel of the truck tractor and used only | ||
by
the owner to tow a disabled vehicle also owned by him or her | ||
and never used for
hire.
| ||
(Source: P.A. 89-245, eff. 1-1-96; 90-89, eff. 1-1-98; revised | ||
10-12-17.)
| ||
(625 ILCS 5/1-205.2) (from Ch. 95 1/2, par. 1-205.2)
| ||
Sec. 1-205.2. Tower. A person who owns or operates a tow |
truck tow-truck or a wrecker.
| ||
(Source: P.A. 83-1473; revised 10-12-17.)
| ||
(625 ILCS 5/3-414) (from Ch. 95 1/2, par. 3-414)
| ||
Sec. 3-414. Expiration of registration.
| ||
(a) Every vehicle registration under this Chapter and every | ||
registration
card and registration plate or registration | ||
sticker issued hereunder to a
vehicle shall be for the periods | ||
specified in this Chapter and shall expire
at midnight on the | ||
day and date specified in this Section as follows:
| ||
1. When registered on a calendar year basis commencing | ||
January 1,
expiration shall be on the 31st day of December | ||
or at such other date as
may be selected in the discretion | ||
of the Secretary of State; however,
through December 31, | ||
2004, registrations of apportionable vehicles, | ||
motorcycles, motor driven cycles
and pedalcycles shall | ||
commence on the first day of April and shall expire
March | ||
31st of the following calendar year;
| ||
1.1. Beginning January 1, 2005, registrations of | ||
motorcycles and motor driven cycles shall commence on | ||
January 1 and shall expire on December 31 or on another | ||
date that may be selected by the Secretary; registrations | ||
of apportionable vehicles and pedalcycles, however, shall | ||
commence on the first day of April and shall expire March | ||
31 of the following calendar year;
| ||
2. When registered on a 2 calendar year basis |
commencing January 1
of an even-numbered year, expiration | ||
shall be on the 31st day of
December of the ensuing | ||
odd-numbered year, or at such other later date
as may be | ||
selected in the discretion of the Secretary of State not
| ||
beyond March 1 next;
| ||
3. When registered on a fiscal year basis commencing | ||
July 1,
expiration shall be on the 30th day of June or at | ||
such other later date
as may be selected in the discretion | ||
of the Secretary of State not
beyond September 1 next;
| ||
4. When registered on a 2 fiscal year basis commencing | ||
July 1 of an
even-numbered year, expiration shall be on the | ||
30th day of June of the
ensuing even-numbered year, or at | ||
such other later date as may be
selected in the discretion | ||
of the Secretary of State not beyond
September 1 next;
| ||
5. When registered on a 4 fiscal year basis commencing | ||
July 1 of an
even-numbered year, expiration shall be on the | ||
30th day of June of the
second ensuing even-numbered year, | ||
or at such other later date as may be
selected in the | ||
discretion of the Secretary of State not beyond
September 1 | ||
next.
| ||
(a-5) The Secretary may, in his or her discretion, require | ||
an owner of a motor vehicle of the first division or a motor | ||
vehicle of the second division weighing not more than 8,000 | ||
pounds to select the owner's birthday as the date of | ||
registration expiration under this Section. If the motor | ||
vehicle has more than one registered owner, the owners may |
select one registered owner's birthday as the date of | ||
registration expiration. The Secretary may adopt any rules | ||
necessary to implement this subsection. | ||
(b) Vehicle registrations of vehicles of the first division | ||
shall be
for a calendar year, 2 calendar year, 3 calendar year, | ||
or 5 calendar year basis as provided for in this
Chapter.
| ||
Vehicle registrations of vehicles under Sections 3-807, | ||
3-808 and
3-809 shall be on an indefinite term basis or a 2 | ||
calendar year basis as
provided for in this Chapter.
| ||
Vehicle registrations for vehicles of the second division | ||
shall be
for a fiscal year, 2 fiscal year or calendar year | ||
basis as provided for
in this Chapter.
| ||
Motor vehicles registered under the provisions of
Section | ||
3-402.1 shall
be issued multi-year registration plates with a | ||
new registration card
issued annually upon payment of the | ||
appropriate fees. Motor vehicles registered under the | ||
provisions of Section 3-405.3 shall be issued multi-year | ||
registration plates with a new multi-year registration card | ||
issued pursuant to subsections (j), (k), and (l) of this | ||
Section upon payment of the appropriate fees. Apportionable
| ||
trailers and apportionable semitrailers registered under the | ||
provisions of
Section 3-402.1 shall be issued multi-year | ||
registration plates and cards
that will be subject to | ||
revocation for failure to pay annual fees required
by Section | ||
3-814.1. The Secretary shall determine when these vehicles
| ||
shall be issued new registration plates.
|
(c) Every vehicle registration specified in Section 3-810 | ||
and every
registration card and registration plate or | ||
registration sticker issued
thereunder shall expire on the 31st | ||
day of December of each year or at
such other date as may be | ||
selected in the discretion of the Secretary of
State.
| ||
(d) Every vehicle registration for a vehicle of the second | ||
division
weighing over 8,000 pounds,
except as provided in | ||
subsection paragraph (g) of this Section, and every
| ||
registration card and registration plate or registration | ||
sticker, where
applicable, issued hereunder to such vehicles | ||
shall be issued for a
fiscal year commencing on July 1st of | ||
each registration year. However,
the Secretary of State may, | ||
pursuant to an agreement or arrangement or
declaration | ||
providing for apportionment of a fleet of vehicles with
other | ||
jurisdictions, provide for registration of such vehicles under
| ||
apportionment or for all of the vehicles registered in Illinois | ||
by an
applicant who registers some of his vehicles under | ||
apportionment on a
calendar year basis instead, and the fees or | ||
taxes to be paid on a
calendar year basis shall be identical to | ||
those specified in this Code Act
for a fiscal year | ||
registration. Provision for installment payment may
also be | ||
made.
| ||
(e) Semitrailer registrations under apportionment may be | ||
on a
calendar year under a reciprocal agreement or arrangement | ||
and all other
semitrailer registrations shall be on fiscal year | ||
or 2 fiscal year or 4
fiscal year basis as provided for in this |
Chapter.
| ||
(f) The Secretary of State may convert annual registration | ||
plates or
2-year registration plates, whether registered on a | ||
calendar year or fiscal
year basis, to multi-year plates. The | ||
determination of which plate categories
and when to convert to | ||
multi-year plates is solely within the discretion of the
| ||
Secretary of State.
| ||
(g) After January 1, 1975, each registration, registration | ||
card and
registration plate or registration sticker, where | ||
applicable, issued for
a recreational vehicle or recreational | ||
or camping trailer, except a
house trailer, used exclusively by | ||
the owner for recreational purposes,
and not used commercially | ||
nor as a truck or bus, nor for hire, shall be
on a calendar year | ||
basis; except that the Secretary of State shall
provide for | ||
registration and the issuance of registration cards and
plates | ||
or registration stickers, where applicable, for one 6-month
| ||
period in order to accomplish an orderly transition from a | ||
fiscal year
to a calendar year basis. Fees and taxes due under | ||
this Code Act for a
registration year shall be appropriately | ||
reduced for such 6-month
transitional registration period.
| ||
(h) The Secretary of State may, in order to accomplish an | ||
orderly
transition for vehicles registered under Section | ||
3-402.1 of this Code from
a calendar year registration to a | ||
March 31st expiration, require applicants
to pay fees and taxes | ||
due under this Code on a 15 month registration basis.
However, | ||
if in the discretion of the Secretary of State this creates an
|
undue hardship on any applicant the Secretary may allow the | ||
applicant to
pay 3 month fees and taxes at the time of | ||
registration and the additional
12 month fees and taxes to be | ||
payable no later than March 31, 1992.
| ||
(i) The Secretary of State may stagger registrations, or | ||
change the annual expiration date, as necessary
for the | ||
convenience of the public and the efficiency of his Office. In
| ||
order to appropriately and effectively accomplish any such | ||
staggering, the
Secretary of State is authorized to prorate all | ||
required registration fees, rounded to the nearest dollar,
but | ||
in no event for a period longer than 18 months, at a monthly | ||
rate for
a 12-month 12 month registration fee.
| ||
(j) The Secretary of State may enter into an agreement with | ||
a rental owner, as defined in Section 3-400 of this Code, who | ||
registers a fleet of motor vehicles of the first division | ||
pursuant to Section 3-405.3 of this Code to provide for the | ||
registration of the rental owner's vehicles on a 2 or 3 | ||
calendar year basis and the issuance of multi-year registration | ||
plates with a new registration card
issued up to every 3 years. | ||
(k) The Secretary of State may provide multi-year | ||
registration cards for any registered fleet of motor vehicles | ||
of the first or second division that are registered pursuant to | ||
Section 3-405.3 of this Code. Each motor vehicle of the | ||
registered fleet must carry a an unique multi-year registration | ||
card that displays the vehicle identification number of the | ||
registered motor vehicle. The Secretary of State shall |
promulgate rules in order to implement multi-year | ||
registrations. | ||
(l) Beginning with the 2018 registration year, the | ||
Secretary of State may enter into an agreement with a rental | ||
owner, as defined in Section 3-400 of this Code, who registers | ||
a fleet of motor vehicles of the first division under Section | ||
3-405.3 of this Code to provide for the registration of the | ||
rental owner's vehicle on a 5 calendar year basis. Motor | ||
vehicles registered on a 5 calendar year basis shall be issued | ||
a distinct registration plate that expires on a 5-year cycle. | ||
The Secretary may prorate the registration of these | ||
registration plates to the length of time remaining in the | ||
5-year cycle. The Secretary may adopt any rules necessary to | ||
implement this subsection. | ||
(Source: P.A. 99-80, eff. 1-1-16; 99-644, eff. 1-1-17; 100-201, | ||
eff. 8-18-17; revised 10-12-17.)
| ||
(625 ILCS 5/3-611) (from Ch. 95 1/2, par. 3-611)
| ||
Sec. 3-611. Special designations. The Secretary of State, | ||
in his
discretion, may make special designations of certain | ||
designs or
combinations of designs, or alphabetical letters or | ||
combination of
letters, or colors or combination of colors | ||
pertaining to registration
plates issued to vehicles owned by | ||
governmental agencies, vehicles owned
and registered by State | ||
and federal elected officials, retired Illinois Supreme
Court | ||
justices, and appointed federal cabinet officials, vehicles |
operated
by taxi or livery businesses, operated in connection | ||
with mileage weight
registrations, or operated by a dealer, | ||
transporter, or manufacturer as
the Secretary of State may deem | ||
necessary for the proper administration
of this Code Act . In | ||
the case of registration plates issued for vehicles
operated by | ||
or for persons with disabilities, as defined by Section
| ||
1-159.1, under Section 3-616 of this Code Act , the Secretary of | ||
State, upon
request, shall make such special designations so | ||
that automobiles bearing
such plates are easily recognizable | ||
through thru use of the international
accessibility symbol as | ||
automobiles driven by or for such persons.
In the case of | ||
registration plates issued for vehicles operated by a
person | ||
with a disability with a type four hearing disability, as | ||
defined pursuant to
Section 4A of the The Illinois | ||
Identification Card Act, the Secretary of State,
upon request, | ||
shall make such special designations so that a motor vehicle
| ||
bearing such plate is easily recognizable by a special symbol | ||
indicating
that such vehicle is driven by a person with a | ||
hearing disability.
Registration plates issued to a person who | ||
is deaf or hard of
hearing under this Section shall
not entitle | ||
a motor vehicle bearing such plates to those parking privileges
| ||
established for persons with disabilities under this
Code. In | ||
the case of registration
plates issued for State-owned State | ||
owned vehicles, they shall be manufactured in
compliance with | ||
Section 2 of the State Vehicle Identification Act "An Act | ||
relating to identification and use of
motor vehicles of the |
State, approved August 9, 1951, as amended" . In the
case of | ||
plates issued for State officials, such plates may be issued | ||
for a 2-year
2 year period beginning January 1st of each | ||
odd-numbered year and ending
December 31st of the subsequent | ||
even-numbered year.
| ||
(Source: P.A. 99-143, eff. 7-27-15; revised 10-12-17.)
| ||
(625 ILCS 5/3-699.14) | ||
Sec. 3-699.14. Universal special license plates. | ||
(a) In addition to any other special license plate, the | ||
Secretary, upon receipt of all applicable fees and applications | ||
made in the form prescribed by the Secretary, may issue | ||
Universal special license plates to residents of Illinois on | ||
behalf of organizations that have been authorized by the | ||
General Assembly to issue decals for Universal special license | ||
plates. Appropriate documentation, as determined by the | ||
Secretary, shall accompany each application. Authorized | ||
organizations shall be designated by amendment to this Section. | ||
When applying for a Universal special license plate the | ||
applicant shall inform the Secretary of the name of the | ||
authorized organization from which the applicant will obtain a | ||
decal to place on the plate. The Secretary shall make a record | ||
of that organization and that organization shall remain | ||
affiliated with that plate until the plate is surrendered, | ||
revoked, or otherwise cancelled. The authorized organization | ||
may charge a fee to offset the cost of producing and |
distributing the decal, but that fee shall be retained by the | ||
authorized organization and shall be separate and distinct from | ||
any registration fees charged by the Secretary. No decal, | ||
sticker, or other material may be affixed to a Universal | ||
special license plate other than a decal authorized by the | ||
General Assembly in this Section or a registration renewal | ||
sticker. The special plates issued under this Section shall be | ||
affixed only to passenger vehicles of the first division, | ||
including motorcycles and autocycles, or motor vehicles of the | ||
second division weighing not more than 8,000 pounds. Plates | ||
issued under this Section shall expire according to the | ||
multi-year procedure under Section 3-414.1 of this Code. | ||
(b) The design, color, and format of the Universal special | ||
license plate shall be wholly within the discretion of the | ||
Secretary. Universal special license plates are not required to | ||
designate "Land of Lincoln", as prescribed in subsection (b) of | ||
Section 3-412 of this Code. The design shall allow for the | ||
application of a decal to the plate. Organizations authorized | ||
by the General Assembly to issue decals for Universal special | ||
license plates shall comply with rules adopted by the Secretary | ||
governing the requirements for and approval of Universal | ||
special license plate decals. The Secretary may, in his or her | ||
discretion, allow Universal special license plates to be issued | ||
as vanity or personalized plates in accordance with Section | ||
3-405.1 of this Code. The Secretary of State must make a | ||
version of the special registration plates authorized under |
this Section in a form appropriate for motorcycles and | ||
autocycles. | ||
(c) When authorizing a Universal special license plate, the | ||
General Assembly shall set forth whether an additional fee is | ||
to be charged for the plate and, if a fee is to be charged, the | ||
amount of the fee and how the fee is to be distributed. When | ||
necessary, the authorizing language shall create a special fund | ||
in the State treasury into which fees may be deposited for an | ||
authorized Universal special license plate. Additional fees | ||
may only be charged if the fee is to be paid over to a State | ||
agency or to a charitable entity that is in compliance with the | ||
registration and reporting requirements of the Charitable | ||
Trust Act and the Solicitation for Charity Act. Any charitable | ||
entity receiving fees for the sale of Universal special license | ||
plates shall annually provide the Secretary of State a letter | ||
of compliance issued by the Attorney General verifying that the | ||
entity is in compliance with the Charitable Trust Act and the | ||
Solicitation for Charity Act. | ||
(d) Upon original issuance and for each registration | ||
renewal period, in addition to the appropriate registration | ||
fee, if applicable, the Secretary shall collect any additional | ||
fees, if required, for issuance of Universal special license | ||
plates. The fees shall be collected on behalf of the | ||
organization designated by the applicant when applying for the | ||
plate. All fees collected shall be transferred to the State | ||
agency on whose behalf the fees were collected, or paid into |
the special fund designated in the law authorizing the | ||
organization to issue decals for Universal special license | ||
plates. All money in the designated fund shall be distributed | ||
by the Secretary subject to appropriation by the General | ||
Assembly.
| ||
(e) The following organizations may issue decals for | ||
Universal special license plates with the original and renewal | ||
fees and fee distribution as follows: | ||
(1) The Illinois Department of Natural Resources. | ||
(A) Original issuance: $25; with $10 to the | ||
Roadside Monarch Habitat Fund and $15 to the Secretary | ||
of State Special License Plate Fund. | ||
(B) Renewal: $25; with $23 to the Roadside Monarch | ||
Habitat Fund and $2 to the Secretary of State Special | ||
License Plate Fund. | ||
(2) Illinois Veterans' Homes. | ||
(A) Original issuance: $26, which shall be | ||
deposited into the Illinois Veterans' Homes Fund. | ||
(B) Renewal: $26, which shall be deposited into the | ||
Illinois Veterans' Homes Fund. | ||
(3) The Illinois Department of Human Services for | ||
volunteerism decals. | ||
(A) Original issuance: $25, which shall be | ||
deposited into the Secretary of State Special License | ||
Plate Fund. | ||
(B) Renewal: $25, which shall be deposited into the |
Secretary of State Special License Plate Fund. | ||
(4) (3) The Illinois Department of Public Health. | ||
(A) Original issuance: $25; with $10 to the | ||
Prostate Cancer Awareness Fund and $15 to the Secretary | ||
of State Special License Plate Fund. | ||
(B) Renewal: $25; with $23 to the Prostate Cancer | ||
Awareness Fund and $2 to the Secretary of State Special | ||
License Plate Fund. | ||
(5) (3) Horsemen's Council of Illinois. | ||
(A) Original issuance: $25; with $10 to the | ||
Horsemen's Council of Illinois Fund and $15 to the | ||
Secretary of State Special License Plate Fund. | ||
(B) Renewal: $25; with $23 to the Horsemen's | ||
Council of Illinois Fund and $2 to the Secretary of | ||
State Special License Plate Fund. | ||
(f) The following funds are created as special funds in the | ||
State treasury: | ||
(1) The Roadside Monarch Habitat Fund. All moneys to be | ||
paid as grants to the Illinois Department of Natural | ||
Resources to fund roadside monarch and other pollinator | ||
habitat development, enhancement, and restoration projects | ||
in this State. | ||
(2) The Prostate Cancer Awareness Fund. All moneys to | ||
be paid as grants to the Prostate Cancer Foundation of | ||
Chicago. | ||
(3) (2) The Horsemen's Council of Illinois Fund. All |
moneys shall be paid as grants to the Horsemen's Council of | ||
Illinois. | ||
(Source: P.A. 99-483, eff. 7-1-16; 99-723, eff. 8-5-16; 99-814, | ||
eff. 1-1-17; 100-57, eff. 1-1-18; 100-60, eff. 1-1-18; 100-78, | ||
eff. 1-1-18; 100-201, eff. 8-18-17; revised 1-21-18.)
| ||
(625 ILCS 5/3-802) (from Ch. 95 1/2, par. 3-802)
| ||
Sec. 3-802. Reclassifications and upgrades.
| ||
(a) Definitions. For the purposes of this Section, the | ||
following words
shall have the meanings ascribed to them as | ||
follows:
| ||
"Reclassification" means changing the registration of | ||
a vehicle from one
plate category to another.
| ||
"Upgrade" means increasing the registered weight of a | ||
vehicle within the
same plate category.
| ||
(b) When reclassing the registration of a vehicle from one | ||
plate category
to another, the owner shall receive credit for | ||
the unused portion of the
present
plate and be charged the | ||
current portion fees for the new plate. In addition,
the | ||
appropriate replacement plate and replacement sticker fees | ||
shall be
assessed.
| ||
(b-5) Beginning with the 2019 registration year, any | ||
individual who has a registration issued under either Section | ||
3-405 or 3-405.1 that qualifies for a special license plate | ||
under Section Sections 3-609, 3-609.1, 3-620, 3-621, 3-622, | ||
3-623, 3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, |
3-650, 3-651, 3-664, 3-666, 3-667, 3-668, 3-669, 3-676, 3-677, | ||
3-680, 3-681, 3-683, 3-686, 3-688, 3-693, 3-698, or 3-699.12 | ||
may reclass his or her registration upon acquiring a special | ||
license plate listed in this subsection (b-5) without a | ||
replacement plate fee or registration sticker cost. | ||
(b-10) Beginning with the 2019 registration year, any | ||
individual who has a special license plate issued under Section | ||
3-609, 3-609.1, 3-620, 3-621, 3-622, 3-623, 3-624, 3-625, | ||
3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650, 3-651, 3-664, | ||
3-666, 3-667, 3-668, 3-669, 3-676, 3-677, 3-680, 3-681, 3-683, | ||
3-686, 3-688, 3-693, 3-698, or 3-699.12 may reclass his or her | ||
special license plate upon acquiring a new registration under | ||
Section 3-405 or 3-405.1 without a replacement plate fee or | ||
registration sticker cost. | ||
(c) When upgrading the weight of a registration within the | ||
same plate
category, the owner shall pay the difference in | ||
current period fees between the
two plates. In addition, the | ||
appropriate replacement plate and replacement
sticker fees | ||
shall be assessed. In the event new plates are not required, | ||
the
corrected registration card fee shall be assessed.
| ||
(d) In the event the owner of the vehicle desires to change | ||
the registered
weight and change the plate category, the owner | ||
shall receive credit for the
unused portion of the registration | ||
fee of the current plate and pay the current
portion of the | ||
registration fee for the new plate, and in addition, pay the
| ||
appropriate replacement plate
and replacement sticker fees.
|
(e) Reclassing from one plate category to another plate | ||
category can be done
only once within any registration period.
| ||
(f) No refunds shall be made in any of the circumstances | ||
found in subsection
(b), subsection (c), or subsection (d); | ||
however, when reclassing from a flat
weight plate to an | ||
apportioned plate, a refund may be issued if the credit amounts | ||
to an overpayment.
| ||
(g) In the event the registration of a vehicle registered | ||
under the mileage
tax option is revoked, the owner shall be | ||
required to pay the annual
registration fee in the new plate | ||
category and shall not receive any credit for
the mileage plate | ||
fees.
| ||
(h) Certain special interest plates may be displayed on | ||
first division
vehicles, second division vehicles weighing | ||
8,000 pounds or less, and
recreational
vehicles. Those plates | ||
can be transferred within those vehicle groups.
| ||
(i) Plates displayed on second division vehicles weighing | ||
8,000 pounds or
less and passenger vehicle plates may be | ||
reclassed from one division to the
other.
| ||
(j) Other than in subsection (i), reclassing from one | ||
division to the
other division is prohibited. In addition, a | ||
reclass from a motor vehicle to a
trailer or a trailer to a | ||
motor vehicle is prohibited.
| ||
(Source: P.A. 99-809, eff. 1-1-17; 100-246, eff. 1-1-18; | ||
100-450, eff. 1-1-18; revised 10-12-17.)
|
(625 ILCS 5/3-809) (from Ch. 95 1/2, par. 3-809)
| ||
Sec. 3-809. Farm machinery, exempt vehicles and fertilizer | ||
spreaders; registration fee. | ||
(a) Vehicles of the second division having a corn
sheller, | ||
a well driller, hay press, clover huller, feed mixer and | ||
unloader,
or other farm machinery permanently mounted thereon | ||
and used solely for
transporting the same, farm wagon type | ||
trailers having a fertilizer
spreader attachment permanently | ||
mounted thereon, having a gross weight of
not to exceed 36,000 | ||
pounds and used only for the transportation of bulk
fertilizer, | ||
and farm wagon type tank trailers of not to exceed 3,000
| ||
gallons capacity, used during the liquid fertilizer season as | ||
field-storage
"nurse tanks" supplying the fertilizer to a field | ||
applicator and moved on
highways only for bringing the | ||
fertilizer from a local source of supply to
farm or field or | ||
from one farm or field to another, or used during the lime
| ||
season and moved on the highways only for bringing from a local | ||
source of
supply to farm or field or from one farm or field to | ||
another, shall be
registered upon the filing of a proper | ||
application and the payment of a
registration fee of $13 per | ||
2-year registration period. This
registration fee of $13 shall | ||
be paid in full and shall not be
reduced even though such | ||
registration is made after the beginning of the
registration | ||
period.
| ||
(b) Vehicles exempt from registration under the provisions | ||
of subsection A of Section 3-402
3-402.A of this Code Act , as |
amended, except those vehicles required to be
registered under | ||
subsection paragraph (c) of this Section, may, at the option of | ||
the
owner, be identified as exempt vehicles by displaying | ||
registration plates
issued by the Secretary of State. The owner | ||
thereof may apply for such
permanent, non-transferable
| ||
registration plates upon the filing of a proper application and | ||
the payment
of a registration fee of $13. The application for | ||
and display of such registration
plates for identification | ||
purposes by vehicles exempt from registration
shall not be | ||
deemed as a waiver or rescission of its exempt status, nor make
| ||
such vehicle subject to registration. Nothing in this Section | ||
prohibits the towing of another vehicle by the exempt vehicle | ||
if the towed vehicle: | ||
(i) does not exceed the registered weight of 8,000 | ||
pounds; | ||
(ii) is used exclusively for transportation to and from | ||
the work site; | ||
(iii) is not used for carrying counter weights or other | ||
material related to the operation of the exempt vehicle | ||
while under tow; and
| ||
(iv) displays proper and current registration plates. | ||
(c) Any single unit self-propelled agricultural fertilizer | ||
implement,
designed for both on and off road use, equipped with | ||
flotation tires and
otherwise specially adapted for the | ||
application of plant food materials
or agricultural chemicals, | ||
desiring to be operated upon the highways ladened
with load |
shall be registered upon the filing of a proper application and
| ||
payment of a registration fee of $250. The registration fee | ||
shall
be paid
in full and shall not be reduced even though such | ||
registration is made
during the second half of the registration | ||
year. These vehicles shall,
whether loaded or unloaded, be | ||
limited to a maximum gross weight of 36,000
pounds, restricted | ||
to a highway speed of not more than 30 miles per hour
and a | ||
legal width of not more than 12 feet. Such vehicles shall be | ||
limited
to the furthering of agricultural or horticultural | ||
pursuits and in
furtherance of these pursuits, such vehicles | ||
may be operated upon the
highway, within a 50-mile 50 mile | ||
radius of their point of loading as indicated on
the written or | ||
printed statement required by the Illinois Fertilizer Act
of | ||
1961, for the purpose of moving plant food materials or
| ||
agricultural chemicals to the field, or from field to field, | ||
for the sole
purpose of application.
| ||
No single unit self-propelled agricultural fertilizer | ||
implement, designed
for both on and off road use, equipped with | ||
flotation tires and
otherwise specially adapted for the | ||
application of plant food materials
or agricultural chemicals, | ||
having a width of more than 12 feet or a gross
weight in excess | ||
of 36,000 pounds, shall be permitted to operate upon the
| ||
highways ladened with load.
| ||
Whenever any vehicle is operated in violation of subsection | ||
(c) of this Section, the owner or the driver of such vehicle | ||
shall be deemed guilty of
a petty offense and either may be |
prosecuted for such violation.
| ||
(Source: P.A. 100-201, eff. 8-18-17; revised 10-12-17.)
| ||
(625 ILCS 5/3-810) (from Ch. 95 1/2, par. 3-810)
| ||
Sec. 3-810. Dealers, manufacturers, engine and driveline | ||
component
manufacturers, transporters, and repossessors; | ||
registration plates Manufacturers, Engine and Driveline | ||
Component
Manufacturers, Transporters and Repossessors - | ||
Registration Plates . (a) Dealers, manufacturers , and | ||
transporters registered under this Code Act
may obtain | ||
registration plates for use as provided in this Code Act, at | ||
the
following rates:
| ||
Initial set of dealer's, manufacturer's , or | ||
transporter's "in-transit"
plates: $45
| ||
Duplicate Plates: $13
| ||
Manufacturers of engine and driveline components | ||
registered under this Code
Act may obtain registration | ||
plates at the following rates:
| ||
Initial set of "test vehicle" plates: $94
| ||
Duplicate plates: $25
| ||
Repossessors and other persons qualified and registered | ||
under Section
3-601 of this Code Act may obtain registration | ||
plates at the rate of $45 per set.
| ||
(Source: P.A. 91-37, eff. 7-1-99; revised 11-8-17.)
| ||
(625 ILCS 5/3-810.1) (from Ch. 95 1/2, par. 3-810.1)
|
Sec. 3-810.1. Tow truck; registration plates Tow-Truck - | ||
Registration Plates . Tow truck Tow-Truck operators
registered | ||
under this Code Act may obtain registration plates for use as
| ||
provided in this Code Act at the rate per set provided in | ||
subsection (a) of
Section 3-815 of this Code for each vehicle | ||
so registered.
| ||
(Source: P.A. 83-1473; revised 10-10-17.)
| ||
(625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203)
| ||
(Text of Section before amendment by P.A. 100-537 ) | ||
Sec. 4-203. Removal of motor vehicles or other vehicles; | ||
towing or
hauling away.
| ||
(a) When a vehicle is abandoned, or left unattended, on a | ||
toll
highway, interstate highway, or expressway for 2 hours or | ||
more, its
removal by a towing service may be authorized by a | ||
law enforcement
agency having jurisdiction.
| ||
(b) When a vehicle is abandoned on a highway in an urban | ||
district 10
hours or more, its removal by a towing service may | ||
be authorized by a
law enforcement agency having jurisdiction.
| ||
(c) When a vehicle is abandoned or left unattended on a | ||
highway
other than a toll highway, interstate highway, or | ||
expressway, outside of
an urban district for 24 hours or more, | ||
its removal by a towing service
may be authorized by a law | ||
enforcement agency having jurisdiction.
| ||
(d) When an abandoned, unattended, wrecked, burned or | ||
partially
dismantled vehicle is creating a traffic hazard |
because of its position
in relation to the highway or its | ||
physical appearance is causing the
impeding of traffic, its | ||
immediate removal from the highway or private
property adjacent | ||
to the highway by a towing service may be authorized
by a law | ||
enforcement agency having jurisdiction.
| ||
(e) Whenever a
peace officer reasonably believes that a | ||
person under
arrest for a violation of Section 11-501 of this | ||
Code or a similar
provision of a local ordinance is likely, | ||
upon release, to commit a
subsequent violation of Section | ||
11-501, or a similar provision of a local
ordinance, the | ||
arresting officer shall have the vehicle which the person
was | ||
operating at the time of the arrest impounded for a period of | ||
not more
than 12 hours after the time of arrest. However, such | ||
vehicle may be
released by the arresting law enforcement agency | ||
prior to the end of the
impoundment period if:
| ||
(1) the vehicle was not owned by the person under | ||
arrest, and the lawful
owner requesting such release | ||
possesses a valid operator's license, proof
of ownership, | ||
and would not, as determined by the arresting law | ||
enforcement
agency, indicate a lack of ability to operate a | ||
motor vehicle in a safe
manner, or who would otherwise, by | ||
operating such motor vehicle, be in
violation of this Code; | ||
or
| ||
(2) the vehicle is owned by the person under arrest, | ||
and the person
under arrest gives permission to another | ||
person to operate such vehicle,
provided however, that the |
other person possesses a valid operator's license
and would | ||
not, as determined by the arresting law enforcement
agency, | ||
indicate a lack of ability to operate a motor vehicle in a | ||
safe
manner or who would otherwise, by operating such motor | ||
vehicle, be in
violation of this Code.
| ||
(e-5) Whenever a registered owner of a vehicle is taken | ||
into custody for
operating the vehicle in violation of Section | ||
11-501 of this Code or a similar
provision of a local ordinance | ||
or Section 6-303 of this Code, a
law enforcement officer
may | ||
have the vehicle immediately impounded for a period not less | ||
than:
| ||
(1) 24 hours for a second violation of Section 11-501 | ||
of this Code or a
similar provision of a local ordinance or | ||
Section 6-303
of
this Code or a combination of these | ||
offenses; or
| ||
(2) 48 hours for a third violation of Section 11-501 of | ||
this Code or a
similar provision of a local ordinance or | ||
Section 6-303 of this
Code or a combination of these | ||
offenses.
| ||
The vehicle may be released sooner if the vehicle is owned | ||
by the person
under arrest and the person under arrest gives | ||
permission to another person to
operate the vehicle and that | ||
other person possesses a valid operator's license
and would | ||
not, as determined by the arresting law enforcement agency, | ||
indicate
a lack of ability to operate a motor vehicle in a safe | ||
manner or would
otherwise, by operating the motor vehicle, be |
in violation of this Code.
| ||
(f) Except as provided in Chapter 18a of this Code, the | ||
owner or
lessor of privately owned real property within this | ||
State, or any person
authorized by such owner or lessor, or any | ||
law enforcement agency in the
case of publicly owned real | ||
property may cause any motor vehicle abandoned
or left | ||
unattended upon such property without permission to be removed | ||
by a
towing service without liability for the costs of removal, | ||
transportation
or storage or damage caused by such removal, | ||
transportation or storage.
The towing or removal of any vehicle | ||
from private property without the
consent of the registered | ||
owner or other legally authorized person in
control of the | ||
vehicle is subject to compliance with the following
conditions | ||
and restrictions:
| ||
1. Any towed or removed vehicle must be stored at the | ||
site of the towing
service's place of business. The site | ||
must be open during business hours,
and for the purpose of | ||
redemption of vehicles, during the time that the
person or | ||
firm towing such vehicle is open for towing purposes.
| ||
2. The towing service shall within 30 minutes of | ||
completion of such
towing or removal, notify the law | ||
enforcement agency having jurisdiction of
such towing or | ||
removal, and the make, model, color and license plate | ||
number
of the vehicle, and shall obtain and record the name | ||
of the person at the law
enforcement agency to whom such | ||
information was reported.
|
3. If the registered owner or legally authorized person | ||
entitled to
possession of the vehicle shall arrive at the | ||
scene prior to actual removal
or towing of the vehicle, the | ||
vehicle shall be disconnected from the tow
truck and that | ||
person shall be allowed to remove the vehicle without
| ||
interference, upon the payment of a reasonable service fee | ||
of not more than
one half the posted rate of the towing | ||
service as provided in paragraph
6 of this subsection, for | ||
which a receipt shall be given.
| ||
4. The rebate or payment of money or any other valuable | ||
consideration
from the towing service or its owners, | ||
managers or employees to the owners
or operators of the | ||
premises from which the vehicles are towed or removed,
for | ||
the privilege of removing or towing those vehicles, is | ||
prohibited. Any
individual who violates this paragraph | ||
shall be guilty of a Class A
misdemeanor.
| ||
5. Except for property appurtenant to and obviously a | ||
part of a single
family residence, and except for instances | ||
where notice is personally given
to the owner or other | ||
legally authorized person in control of the vehicle
that | ||
the area in which that vehicle is parked is reserved or | ||
otherwise
unavailable to unauthorized vehicles and they | ||
are subject to being removed
at the owner or operator's | ||
expense, any property owner or lessor, prior to
towing or | ||
removing any vehicle from private property without the | ||
consent of
the owner or other legally authorized person in |
control of that vehicle,
must post a notice meeting the | ||
following requirements:
| ||
a. Except as otherwise provided in subparagraph | ||
a.1 of this subdivision (f)5, the notice must be | ||
prominently placed at each driveway access or curb
cut | ||
allowing vehicular access to the property within 5 feet | ||
from the public
right-of-way line. If there are no | ||
curbs or access barriers, the sign must
be posted not | ||
less than one sign each 100 feet of lot frontage.
| ||
a.1. In a municipality with a population of less | ||
than 250,000, as an alternative to the requirement of | ||
subparagraph a of this subdivision (f)5, the notice for | ||
a parking lot contained within property used solely for | ||
a 2-family, 3-family, or 4-family residence may be | ||
prominently placed at the perimeter of the parking lot, | ||
in a position where the notice is visible to the | ||
occupants of vehicles entering the lot.
| ||
b. The notice must indicate clearly, in not less | ||
than 2 inch high
light-reflective letters on a | ||
contrasting background, that unauthorized
vehicles | ||
will be towed away at the owner's expense.
| ||
c. The notice must also provide the name and | ||
current telephone
number of the towing service towing | ||
or removing the vehicle.
| ||
d. The sign structure containing the required | ||
notices must be
permanently installed with the bottom |
of the sign not less than 4 feet
above ground level, | ||
and must be continuously maintained on the property for
| ||
not less than 24 hours prior to the towing or removing | ||
of any vehicle.
| ||
6. Any towing service that tows or removes vehicles and | ||
proposes to
require the owner, operator, or person in | ||
control of the vehicle to pay the
costs of towing and | ||
storage prior to redemption of the vehicle must file
and | ||
keep on record with the local law enforcement agency a | ||
complete copy of
the current rates to be charged for such | ||
services, and post at the storage
site an identical rate | ||
schedule and any written contracts with property
owners, | ||
lessors, or persons in control of property which authorize | ||
them to
remove vehicles as provided in this Section.
The | ||
towing and storage charges, however, shall not exceed the | ||
maximum allowed by the Illinois Commerce Commission under | ||
Section 18a-200.
| ||
7. No person shall engage in the removal of vehicles | ||
from private
property as described in this Section without | ||
filing a notice of intent
in each community where he | ||
intends to do such removal, and such
notice shall be filed | ||
at least 7 days before commencing such towing.
| ||
8. No removal of a vehicle from private property shall | ||
be done except
upon express written instructions of the | ||
owners or persons in charge of the
private property upon | ||
which the vehicle is said to be trespassing.
|
9. Vehicle entry for the purpose of removal shall be | ||
allowed with
reasonable care on the part of the person or | ||
firm towing the vehicle. Such
person or firm shall be | ||
liable for any damages occasioned to the vehicle if
such | ||
entry is not in accordance with the standards of reasonable | ||
care.
| ||
9.5. Except as authorized by a law enforcement officer, | ||
no towing service shall engage in the removal of a | ||
commercial motor vehicle that requires a commercial | ||
driver's license to operate by operating the vehicle under | ||
its own power on a highway. | ||
10. When a vehicle has been towed or removed pursuant | ||
to this Section,
it must be released to its owner, | ||
custodian, agent, or lienholder within one half hour after
| ||
requested, if such request is made during business hours. | ||
Any vehicle owner,
custodian, agent, or lienholder shall | ||
have the right to inspect the vehicle before
accepting its | ||
return, and no release or waiver of any kind which would
| ||
release the towing service from liability for damages | ||
incurred during the
towing and storage may be required from | ||
any vehicle owner or other legally
authorized person as a | ||
condition of release of the vehicle. A detailed,
signed | ||
receipt showing the legal name of the towing service must | ||
be given
to the person paying towing or storage charges at | ||
the time of payment,
whether requested or not.
| ||
This Section shall not apply to law enforcement, |
firefighting, rescue,
ambulance, or other emergency vehicles | ||
which are marked as such or to
property owned by any | ||
governmental entity.
| ||
When an authorized person improperly causes a motor vehicle | ||
to be
removed, such person shall be liable to the owner or | ||
lessee of the vehicle
for the cost or removal, transportation | ||
and storage, any damages resulting
from the removal, | ||
transportation and storage, attorney's fee and court costs.
| ||
Any towing or storage charges accrued shall be payable in | ||
cash or by cashier's check, certified check, debit card, credit | ||
card, or wire transfer, at the option of the party taking | ||
possession of the vehicle.
| ||
11. Towing companies shall also provide insurance | ||
coverage for areas
where vehicles towed under the | ||
provisions of this Chapter will be impounded
or otherwise | ||
stored, and shall adequately cover loss by fire, theft or
| ||
other risks.
| ||
Any person who fails to comply with the conditions and | ||
restrictions of
this subsection shall be guilty of a Class C | ||
misdemeanor and shall be fined
not less than $100 nor more than | ||
$500.
| ||
(g)(1) When a vehicle is determined to be a hazardous | ||
dilapidated
motor
vehicle pursuant to Section 11-40-3.1 of the | ||
Illinois Municipal Code or Section 5-12002.1 of the Counties | ||
Code, its
removal and impoundment by a towing service may be | ||
authorized by a law
enforcement agency with appropriate |
jurisdiction.
| ||
(2) When a vehicle removal from either public or private | ||
property is
authorized by a law enforcement agency, the owner | ||
of the vehicle shall be
responsible for all towing and storage | ||
charges.
| ||
(3) Vehicles removed from public or private property and
| ||
stored by a commercial vehicle relocator or any other towing | ||
service authorized by a law enforcement agency in
compliance | ||
with this Section and Sections 4-201 and 4-202
of this Code, or | ||
at the request of the vehicle owner or operator,
shall
be | ||
subject to a possessor lien for services
pursuant to the Labor | ||
and Storage Lien (Small Amount) Act. The provisions of Section | ||
1 of that Act relating to notice
and implied consent shall be | ||
deemed satisfied by compliance with Section
18a-302 and | ||
subsection (6) of Section 18a-300. In no event shall such lien
| ||
be greater than the rate or rates established in accordance | ||
with subsection
(6) of Section 18a-200 of this Code. In no | ||
event shall such lien be
increased or altered to reflect any | ||
charge for services or materials
rendered in addition to those | ||
authorized by this Code Act . Every such lien
shall be payable | ||
in cash or by cashier's check, certified check, debit card, | ||
credit card, or wire transfer, at the option of the party | ||
taking possession of the vehicle.
| ||
(4) Any personal property belonging to the vehicle owner in | ||
a vehicle subject to a lien under this
subsection
(g) shall | ||
likewise be subject to that lien, excepting only:
child |
restraint systems as defined in Section 4 of the Child | ||
Passenger Protection Act and other child booster seats; | ||
eyeglasses; food; medicine; perishable property; any | ||
operator's licenses; any cash, credit
cards, or checks or | ||
checkbooks; any wallet, purse, or other property
containing any | ||
operator's license or other identifying documents or | ||
materials,
cash, credit cards, checks, or checkbooks; and any | ||
personal property belonging to a person other than the vehicle | ||
owner if that person provides adequate proof that the personal | ||
property belongs to that person. The spouse, child, mother, | ||
father, brother, or sister of the vehicle owner may claim | ||
personal property excepted under this paragraph (4) if the | ||
person claiming the personal property provides the commercial | ||
vehicle relocator or towing service with the authorization of | ||
the vehicle owner. | ||
(5) This paragraph (5) applies only in the case of a | ||
vehicle that is towed as a result of being involved in an | ||
accident. In addition to the personal property excepted under | ||
paragraph (4), all other personal property in a vehicle subject | ||
to a lien under this subsection (g) is exempt from that lien | ||
and may be claimed by the vehicle owner if the vehicle owner | ||
provides the commercial vehicle relocator or towing service | ||
with proof that the vehicle owner has an insurance policy | ||
covering towing and storage fees. The spouse, child, mother, | ||
father, brother, or sister of the vehicle owner may claim | ||
personal property in a vehicle subject to a lien under this |
subsection (g) if the person claiming the personal property | ||
provides the commercial vehicle relocator or towing service | ||
with the authorization of the vehicle owner and proof that the | ||
vehicle owner has an insurance policy covering towing and | ||
storage fees. The regulation of liens on personal property and | ||
exceptions to those liens in the case of vehicles towed as a | ||
result of being involved in an accident are
exclusive powers | ||
and functions of the State. A home
rule unit may not regulate | ||
liens on personal property and exceptions to those liens in the | ||
case of vehicles towed as a result of being involved in an | ||
accident. This paragraph (5) is a denial and
limitation of home | ||
rule powers and functions under
subsection (h) of Section 6 of | ||
Article VII of the
Illinois Constitution. | ||
(6) No lien under this subsection (g) shall:
exceed $2,000 | ||
in its total amount; or
be increased or altered to reflect any | ||
charge for services or
materials rendered in addition to those | ||
authorized by this Code Act .
| ||
(h) Whenever a peace officer issues a citation to a driver | ||
for a violation of subsection (a) of Section 11-506 of this | ||
Code, the arresting officer may have the vehicle which the | ||
person was operating at the time of the arrest impounded for a | ||
period of 5 days after the time of arrest.
An impounding agency | ||
shall release a motor vehicle impounded under this subsection | ||
(h) to the registered owner of the vehicle under any of the | ||
following circumstances: | ||
(1) If the vehicle is a stolen vehicle; or |
(2) If the person ticketed for a violation of | ||
subsection (a) of Section 11-506 of this Code was not | ||
authorized by the registered owner of the vehicle to | ||
operate the vehicle at the time of the violation; or | ||
(3) If the registered owner of the vehicle was neither | ||
the driver nor a passenger in the vehicle at the time of | ||
the violation or was unaware that the driver was using the | ||
vehicle to engage in street racing; or | ||
(4) If the legal owner or registered owner of the | ||
vehicle is a rental car agency; or | ||
(5) If, prior to the expiration of the impoundment | ||
period specified above, the citation is dismissed or the | ||
defendant is found not guilty of the offense.
| ||
(i) Except for vehicles exempted under subsection (b) of | ||
Section 7-601 of this Code, whenever a law enforcement officer | ||
issues a citation to a driver for a violation of Section 3-707 | ||
of this Code, and the driver has a prior conviction for a | ||
violation of Section 3-707 of this Code in the past 12 months, | ||
the arresting officer shall authorize the removal and | ||
impoundment of the vehicle by a towing service. | ||
(Source: P.A. 99-438, eff. 1-1-16; 100-311, eff. 11-23-17; | ||
revised 10-10-17.)
| ||
(Text of Section after amendment by P.A. 100-537 ) | ||
Sec. 4-203. Removal of motor vehicles or other vehicles; | ||
towing or
hauling away.
|
(a) When a vehicle is abandoned, or left unattended, on a | ||
toll
highway, interstate highway, or expressway for 2 hours or | ||
more, its
removal by a towing service may be authorized by a | ||
law enforcement
agency having jurisdiction.
| ||
(b) When a vehicle is abandoned on a highway in an urban | ||
district 10
hours or more, its removal by a towing service may | ||
be authorized by a
law enforcement agency having jurisdiction.
| ||
(c) When a vehicle is abandoned or left unattended on a | ||
highway
other than a toll highway, interstate highway, or | ||
expressway, outside of
an urban district for 24 hours or more, | ||
its removal by a towing service
may be authorized by a law | ||
enforcement agency having jurisdiction.
| ||
(d) When an abandoned, unattended, wrecked, burned or | ||
partially
dismantled vehicle is creating a traffic hazard | ||
because of its position
in relation to the highway or its | ||
physical appearance is causing the
impeding of traffic, its | ||
immediate removal from the highway or private
property adjacent | ||
to the highway by a towing service may be authorized
by a law | ||
enforcement agency having jurisdiction.
| ||
(e) Whenever a
peace officer reasonably believes that a | ||
person under
arrest for a violation of Section 11-501 of this | ||
Code or a similar
provision of a local ordinance is likely, | ||
upon release, to commit a
subsequent violation of Section | ||
11-501, or a similar provision of a local
ordinance, the | ||
arresting officer shall have the vehicle which the person
was | ||
operating at the time of the arrest impounded for a period of |
12 hours after the time of arrest. However, such vehicle may be
| ||
released by the arresting law enforcement agency prior to the | ||
end of the
impoundment period if:
| ||
(1) the vehicle was not owned by the person under | ||
arrest, and the lawful
owner requesting such release | ||
possesses a valid operator's license, proof
of ownership, | ||
and would not, as determined by the arresting law | ||
enforcement
agency, indicate a lack of ability to operate a | ||
motor vehicle in a safe
manner, or who would otherwise, by | ||
operating such motor vehicle, be in
violation of this Code; | ||
or
| ||
(2) the vehicle is owned by the person under arrest, | ||
and the person
under arrest gives permission to another | ||
person to operate such vehicle,
provided however, that the | ||
other person possesses a valid operator's license
and would | ||
not, as determined by the arresting law enforcement
agency, | ||
indicate a lack of ability to operate a motor vehicle in a | ||
safe
manner or who would otherwise, by operating such motor | ||
vehicle, be in
violation of this Code.
| ||
(e-5) Whenever a registered owner of a vehicle is taken | ||
into custody for
operating the vehicle in violation of Section | ||
11-501 of this Code or a similar
provision of a local ordinance | ||
or Section 6-303 of this Code, a
law enforcement officer
may | ||
have the vehicle immediately impounded for a period not less | ||
than:
| ||
(1) 24 hours for a second violation of Section 11-501 |
of this Code or a
similar provision of a local ordinance or | ||
Section 6-303
of
this Code or a combination of these | ||
offenses; or
| ||
(2) 48 hours for a third violation of Section 11-501 of | ||
this Code or a
similar provision of a local ordinance or | ||
Section 6-303 of this
Code or a combination of these | ||
offenses.
| ||
The vehicle may be released sooner if the vehicle is owned | ||
by the person
under arrest and the person under arrest gives | ||
permission to another person to
operate the vehicle and that | ||
other person possesses a valid operator's license
and would | ||
not, as determined by the arresting law enforcement agency, | ||
indicate
a lack of ability to operate a motor vehicle in a safe | ||
manner or would
otherwise, by operating the motor vehicle, be | ||
in violation of this Code.
| ||
(f) Except as provided in Chapter 18a of this Code, the | ||
owner or
lessor of privately owned real property within this | ||
State, or any person
authorized by such owner or lessor, or any | ||
law enforcement agency in the
case of publicly owned real | ||
property may cause any motor vehicle abandoned
or left | ||
unattended upon such property without permission to be removed | ||
by a
towing service without liability for the costs of removal, | ||
transportation
or storage or damage caused by such removal, | ||
transportation or storage.
The towing or removal of any vehicle | ||
from private property without the
consent of the registered | ||
owner or other legally authorized person in
control of the |
vehicle is subject to compliance with the following
conditions | ||
and restrictions:
| ||
1. Any towed or removed vehicle must be stored at the | ||
site of the towing
service's place of business. The site | ||
must be open during business hours,
and for the purpose of | ||
redemption of vehicles, during the time that the
person or | ||
firm towing such vehicle is open for towing purposes.
| ||
2. The towing service shall within 30 minutes of | ||
completion of such
towing or removal, notify the law | ||
enforcement agency having jurisdiction of
such towing or | ||
removal, and the make, model, color and license plate | ||
number
of the vehicle, and shall obtain and record the name | ||
of the person at the law
enforcement agency to whom such | ||
information was reported.
| ||
3. If the registered owner or legally authorized person | ||
entitled to
possession of the vehicle shall arrive at the | ||
scene prior to actual removal
or towing of the vehicle, the | ||
vehicle shall be disconnected from the tow
truck and that | ||
person shall be allowed to remove the vehicle without
| ||
interference, upon the payment of a reasonable service fee | ||
of not more than
one half the posted rate of the towing | ||
service as provided in paragraph
6 of this subsection, for | ||
which a receipt shall be given.
| ||
4. The rebate or payment of money or any other valuable | ||
consideration
from the towing service or its owners, | ||
managers or employees to the owners
or operators of the |
premises from which the vehicles are towed or removed,
for | ||
the privilege of removing or towing those vehicles, is | ||
prohibited. Any
individual who violates this paragraph | ||
shall be guilty of a Class A
misdemeanor.
| ||
5. Except for property appurtenant to and obviously a | ||
part of a single
family residence, and except for instances | ||
where notice is personally given
to the owner or other | ||
legally authorized person in control of the vehicle
that | ||
the area in which that vehicle is parked is reserved or | ||
otherwise
unavailable to unauthorized vehicles and they | ||
are subject to being removed
at the owner or operator's | ||
expense, any property owner or lessor, prior to
towing or | ||
removing any vehicle from private property without the | ||
consent of
the owner or other legally authorized person in | ||
control of that vehicle,
must post a notice meeting the | ||
following requirements:
| ||
a. Except as otherwise provided in subparagraph | ||
a.1 of this subdivision (f)5, the notice must be | ||
prominently placed at each driveway access or curb
cut | ||
allowing vehicular access to the property within 5 feet | ||
from the public
right-of-way line. If there are no | ||
curbs or access barriers, the sign must
be posted not | ||
less than one sign each 100 feet of lot frontage.
| ||
a.1. In a municipality with a population of less | ||
than 250,000, as an alternative to the requirement of | ||
subparagraph a of this subdivision (f)5, the notice for |
a parking lot contained within property used solely for | ||
a 2-family, 3-family, or 4-family residence may be | ||
prominently placed at the perimeter of the parking lot, | ||
in a position where the notice is visible to the | ||
occupants of vehicles entering the lot.
| ||
b. The notice must indicate clearly, in not less | ||
than 2 inch high
light-reflective letters on a | ||
contrasting background, that unauthorized
vehicles | ||
will be towed away at the owner's expense.
| ||
c. The notice must also provide the name and | ||
current telephone
number of the towing service towing | ||
or removing the vehicle.
| ||
d. The sign structure containing the required | ||
notices must be
permanently installed with the bottom | ||
of the sign not less than 4 feet
above ground level, | ||
and must be continuously maintained on the property for
| ||
not less than 24 hours prior to the towing or removing | ||
of any vehicle.
| ||
6. Any towing service that tows or removes vehicles and | ||
proposes to
require the owner, operator, or person in | ||
control of the vehicle to pay the
costs of towing and | ||
storage prior to redemption of the vehicle must file
and | ||
keep on record with the local law enforcement agency a | ||
complete copy of
the current rates to be charged for such | ||
services, and post at the storage
site an identical rate | ||
schedule and any written contracts with property
owners, |
lessors, or persons in control of property which authorize | ||
them to
remove vehicles as provided in this Section.
The | ||
towing and storage charges, however, shall not exceed the | ||
maximum allowed by the Illinois Commerce Commission under | ||
Section 18a-200.
| ||
7. No person shall engage in the removal of vehicles | ||
from private
property as described in this Section without | ||
filing a notice of intent
in each community where he | ||
intends to do such removal, and such
notice shall be filed | ||
at least 7 days before commencing such towing.
| ||
8. No removal of a vehicle from private property shall | ||
be done except
upon express written instructions of the | ||
owners or persons in charge of the
private property upon | ||
which the vehicle is said to be trespassing.
| ||
9. Vehicle entry for the purpose of removal shall be | ||
allowed with
reasonable care on the part of the person or | ||
firm towing the vehicle. Such
person or firm shall be | ||
liable for any damages occasioned to the vehicle if
such | ||
entry is not in accordance with the standards of reasonable | ||
care.
| ||
9.5. Except as authorized by a law enforcement officer, | ||
no towing service shall engage in the removal of a | ||
commercial motor vehicle that requires a commercial | ||
driver's license to operate by operating the vehicle under | ||
its own power on a highway. | ||
10. When a vehicle has been towed or removed pursuant |
to this Section,
it must be released to its owner, | ||
custodian, agent, or lienholder within one half hour after
| ||
requested, if such request is made during business hours. | ||
Any vehicle owner,
custodian, agent, or lienholder shall | ||
have the right to inspect the vehicle before
accepting its | ||
return, and no release or waiver of any kind which would
| ||
release the towing service from liability for damages | ||
incurred during the
towing and storage may be required from | ||
any vehicle owner or other legally
authorized person as a | ||
condition of release of the vehicle. A detailed,
signed | ||
receipt showing the legal name of the towing service must | ||
be given
to the person paying towing or storage charges at | ||
the time of payment,
whether requested or not.
| ||
This Section shall not apply to law enforcement, | ||
firefighting, rescue,
ambulance, or other emergency | ||
vehicles which are marked as such or to
property owned by | ||
any governmental entity.
| ||
When an authorized person improperly causes a motor | ||
vehicle to be
removed, such person shall be liable to the | ||
owner or lessee of the vehicle
for the cost or removal, | ||
transportation and storage, any damages resulting
from the | ||
removal, transportation and storage, attorney's fee and | ||
court costs.
| ||
Any towing or storage charges accrued shall be payable | ||
in cash or by cashier's check, certified check, debit card, | ||
credit card, or wire transfer, at the option of the party |
taking possession of the vehicle.
| ||
11. Towing companies shall also provide insurance | ||
coverage for areas
where vehicles towed under the | ||
provisions of this Chapter will be impounded
or otherwise | ||
stored, and shall adequately cover loss by fire, theft or
| ||
other risks.
| ||
Any person who fails to comply with the conditions and | ||
restrictions of
this subsection shall be guilty of a Class C | ||
misdemeanor and shall be fined
not less than $100 nor more than | ||
$500.
| ||
(g)(1) When a vehicle is determined to be a hazardous | ||
dilapidated
motor
vehicle pursuant to Section 11-40-3.1 of the | ||
Illinois Municipal Code or Section 5-12002.1 of the Counties | ||
Code, its
removal and impoundment by a towing service may be | ||
authorized by a law
enforcement agency with appropriate | ||
jurisdiction.
| ||
(2) When a vehicle removal from either public or private | ||
property is
authorized by a law enforcement agency, the owner | ||
of the vehicle shall be
responsible for all towing and storage | ||
charges.
| ||
(3) Vehicles removed from public or private property and
| ||
stored by a commercial vehicle relocator or any other towing | ||
service authorized by a law enforcement agency in
compliance | ||
with this Section and Sections 4-201 and 4-202
of this Code, or | ||
at the request of the vehicle owner or operator,
shall
be | ||
subject to a possessor lien for services
pursuant to the Labor |
and Storage Lien (Small Amount) Act. The provisions of Section | ||
1 of that Act relating to notice
and implied consent shall be | ||
deemed satisfied by compliance with Section
18a-302 and | ||
subsection (6) of Section 18a-300. In no event shall such lien
| ||
be greater than the rate or rates established in accordance | ||
with subsection
(6) of Section 18a-200 of this Code. In no | ||
event shall such lien be
increased or altered to reflect any | ||
charge for services or materials
rendered in addition to those | ||
authorized by this Code Act . Every such lien
shall be payable | ||
in cash or by cashier's check, certified check, debit card, | ||
credit card, or wire transfer, at the option of the party | ||
taking possession of the vehicle.
| ||
(4) Any personal property belonging to the vehicle owner in | ||
a vehicle subject to a lien under this
subsection
(g) shall | ||
likewise be subject to that lien, excepting only:
child | ||
restraint systems as defined in Section 4 of the Child | ||
Passenger Protection Act and other child booster seats; | ||
eyeglasses; food; medicine; perishable property; any | ||
operator's licenses; any cash, credit
cards, or checks or | ||
checkbooks; any wallet, purse, or other property
containing any | ||
operator's license or other identifying documents or | ||
materials,
cash, credit cards, checks, or checkbooks; and any | ||
personal property belonging to a person other than the vehicle | ||
owner if that person provides adequate proof that the personal | ||
property belongs to that person. The spouse, child, mother, | ||
father, brother, or sister of the vehicle owner may claim |
personal property excepted under this paragraph (4) if the | ||
person claiming the personal property provides the commercial | ||
vehicle relocator or towing service with the authorization of | ||
the vehicle owner. | ||
(5) This paragraph (5) applies only in the case of a | ||
vehicle that is towed as a result of being involved in an | ||
accident. In addition to the personal property excepted under | ||
paragraph (4), all other personal property in a vehicle subject | ||
to a lien under this subsection (g) is exempt from that lien | ||
and may be claimed by the vehicle owner if the vehicle owner | ||
provides the commercial vehicle relocator or towing service | ||
with proof that the vehicle owner has an insurance policy | ||
covering towing and storage fees. The spouse, child, mother, | ||
father, brother, or sister of the vehicle owner may claim | ||
personal property in a vehicle subject to a lien under this | ||
subsection (g) if the person claiming the personal property | ||
provides the commercial vehicle relocator or towing service | ||
with the authorization of the vehicle owner and proof that the | ||
vehicle owner has an insurance policy covering towing and | ||
storage fees. The regulation of liens on personal property and | ||
exceptions to those liens in the case of vehicles towed as a | ||
result of being involved in an accident are
exclusive powers | ||
and functions of the State. A home
rule unit may not regulate | ||
liens on personal property and exceptions to those liens in the | ||
case of vehicles towed as a result of being involved in an | ||
accident. This paragraph (5) is a denial and
limitation of home |
rule powers and functions under
subsection (h) of Section 6 of | ||
Article VII of the
Illinois Constitution. | ||
(6) No lien under this subsection (g) shall:
exceed $2,000 | ||
in its total amount; or
be increased or altered to reflect any | ||
charge for services or
materials rendered in addition to those | ||
authorized by this Code Act .
| ||
(h) Whenever a peace officer issues a citation to a driver | ||
for a violation of subsection (a) of Section 11-506 of this | ||
Code, the arresting officer may have the vehicle which the | ||
person was operating at the time of the arrest impounded for a | ||
period of 5 days after the time of arrest.
An impounding agency | ||
shall release a motor vehicle impounded under this subsection | ||
(h) to the registered owner of the vehicle under any of the | ||
following circumstances: | ||
(1) If the vehicle is a stolen vehicle; or | ||
(2) If the person ticketed for a violation of | ||
subsection (a) of Section 11-506 of this Code was not | ||
authorized by the registered owner of the vehicle to | ||
operate the vehicle at the time of the violation; or | ||
(3) If the registered owner of the vehicle was neither | ||
the driver nor a passenger in the vehicle at the time of | ||
the violation or was unaware that the driver was using the | ||
vehicle to engage in street racing; or | ||
(4) If the legal owner or registered owner of the | ||
vehicle is a rental car agency; or | ||
(5) If, prior to the expiration of the impoundment |
period specified above, the citation is dismissed or the | ||
defendant is found not guilty of the offense.
| ||
(i) Except for vehicles exempted under subsection (b) of | ||
Section 7-601 of this Code, whenever a law enforcement officer | ||
issues a citation to a driver for a violation of Section 3-707 | ||
of this Code, and the driver has a prior conviction for a | ||
violation of Section 3-707 of this Code in the past 12 months, | ||
the arresting officer shall authorize the removal and | ||
impoundment of the vehicle by a towing service. | ||
(Source: P.A. 99-438, eff. 1-1-16; 100-311, eff. 11-23-17; | ||
100-537, eff. 6-1-18; revised 10-10-17.) | ||
(625 ILCS 5/4-216) | ||
Sec. 4-216. Storage fees; notice to lienholder of record. | ||
(a) Any commercial vehicle relocator or any other private | ||
towing service providing removal or towing services pursuant to | ||
this Code and seeking to impose fees in connection with the | ||
furnishing of storage for a vehicle in the possession of the | ||
commercial vehicle relocator or other private towing service | ||
must provide written notice within 2 business days after the | ||
vehicle is removed or towed, by certified mail, return receipt | ||
requested, to the lienholder of record, regardless of whether | ||
the commercial vehicle relocator or other private towing | ||
service enforces a lien under the Labor and Storage Lien Act or | ||
the Labor and Storage Lien (Small Amount) Act. The notice shall | ||
be effective upon mailing and include the rate at which fees |
will be incurred, and shall provide the lienholder with an | ||
opportunity to inspect the vehicle on the premises where the | ||
vehicle is stored within 2 business days of the lienholder's | ||
request. The date on which the assessment and accrual of | ||
storage fees may commence is the date of the impoundment of the | ||
vehicle, subject to any applicable limitations set forth by a | ||
municipality authorizing the vehicle removal. Payment of the | ||
storage fees by the lienholder may be made in cash or by | ||
cashier's check, certified check, debit card, credit card, or | ||
wire transfer, at the option of the lienholder taking | ||
possession of the vehicle. The commercial vehicle relocator or | ||
other private towing service shall furnish a copy of the | ||
certified mail receipt to the lienholder upon request.
| ||
(b) The notification requirements in subsection (a) of this | ||
Section apply in addition to any lienholder notice requirements | ||
under this Code relating to the removal or towing of an | ||
abandoned, lost, stolen, or unclaimed vehicle. If the | ||
commercial vehicle relocator or other private towing service | ||
fails to comply with the notification requirements set forth in | ||
subsection (a) of this Section, storage fees shall not be | ||
assessed and collected and the lienholder shall be entitled to | ||
injunctive relief for possession of the vehicle without the | ||
payment of any storage fees. | ||
(c) If the notification required under subsection (a) was | ||
not sent and a lienholder discovers its collateral is in the | ||
possession of a commercial vehicle relocator or other private |
towing service by means other than the notification required in | ||
subsection (a) of this Section, the lienholder is entitled to | ||
recover any storage fees paid to the commercial vehicle | ||
relocator or other private towing service to reclaim possession | ||
of its collateral. | ||
(d) An action under this Section may be brought by the | ||
lienholder against the commercial vehicle locator or other | ||
private towing service in the circuit court. | ||
(e) Notwithstanding any provision to the contrary in this | ||
Code Act or the Illinois Vehicle Code , a commercial vehicle | ||
relocator or other private towing service seeking to impose | ||
storage fees for a vehicle in its possession may not foreclose | ||
or otherwise enforce its claim for payment of storage services | ||
or any lien relating to the claim pursuant to this Code or | ||
other applicable law unless it first complies with the | ||
lienholder notification requirements set forth in subsection | ||
(a) of this Section. | ||
(f) If the vehicle that is removed or towed is registered | ||
in a state other than Illinois, the assessment and accrual of | ||
storage fees may commence on the date that the request for | ||
lienholder information is filed by the commercial vehicle | ||
relocator or other private towing service with the applicable | ||
administrative agency or office in that state if: (i) the | ||
commercial vehicle relocator or other private towing service | ||
furnishes the lienholder with a copy or proof of filing of the | ||
request for lienholder information; (ii) the commercial |
vehicle relocator or other private towing service provides to | ||
the lienholder of record the notification required by this | ||
Section within one business day after receiving the requested | ||
lienholder information; and (iii) the assessment of storage | ||
fees complies with any applicable limitations set forth by a | ||
municipality authorizing the vehicle removal.
| ||
(Source: P.A. 100-311, eff. 11-23-17; revised 10-10-17.)
| ||
(625 ILCS 5/5-104) (from Ch. 95 1/2, par. 5-104)
| ||
Sec. 5-104.
(a) On and after January 1, 1976, each | ||
manufacturer
of a 1976 or later model year vehicle of the first | ||
division manufactured for sale in
this State, other than a | ||
motorcycle, shall clearly and conspicuously indicate, on the
| ||
price listing affixed to the vehicle pursuant to the | ||
" Automobile Information
Disclosure Act " , (15 United States | ||
Code 1231 through 1233), the following, with the
appropriate | ||
gasoline mileage figure:
| ||
"In tests for fuel economy in city and highway driving | ||
conducted
by the United States Environmental Protection | ||
Agency, this passenger
vehicle obtained ....... miles per | ||
gallon of gasoline." .
| ||
(Source: P.A. 79-747; revised 11-8-17.)
| ||
(625 ILCS 5/5-104.3)
| ||
Sec. 5-104.3. Disclosure of rebuilt vehicle.
| ||
(a) No person shall knowingly, with intent to defraud or |
deceive
another, sell a
vehicle for which a rebuilt title has | ||
been issued unless that vehicle is
accompanied by a Disclosure | ||
of Rebuilt Vehicle Status form, properly signed
and delivered | ||
to the buyer.
| ||
(a-5) No dealer or rebuilder licensed under Sections 5-101, | ||
5-102, or 5-301 of this Code shall sell a vehicle for which a | ||
rebuilt title has been issued from another jurisdiction without | ||
first obtaining an Illinois certificate of title with a | ||
"REBUILT" notation under Section 3-118.1 of this Code. | ||
(b) The Secretary of State may by rule or regulation | ||
prescribe the format
and information contained in the | ||
Disclosure of Rebuilt Vehicle Status form.
| ||
(c) A violation of subsection subsections (a) or (a-5) of | ||
this Section is a
Class A misdemeanor.
A second or subsequent | ||
violation of subsection subsections (a) or (a-5) of this | ||
Section is a
Class 4 felony.
| ||
(Source: P.A. 100-104, eff. 11-9-17; revised 10-10-17.)
| ||
(625 ILCS 5/5-503) (from Ch. 95 1/2, par. 5-503)
| ||
Sec. 5-503. Failure to obtain dealer's license, operation | ||
of a business
with a suspended or revoked license. | ||
(a) Any person operating a business
for which he is | ||
required to be licensed under Section 5-101, 5-101.2, 5-102, | ||
5-201 ,
or 5-301 who fails to apply for such a license or | ||
licenses within 15 days
after being informed in writing by the | ||
Secretary of State that he must obtain
such a license or |
licenses is subject to a civil action brought by the
Secretary | ||
of State for operating a business without a license in the
| ||
circuit court in the county in which the business is located. | ||
If the
person is found to be in violation of Section 5-101, | ||
5-101.2, 5-102, 5-201 , or 5-301
by carrying on a business | ||
without being properly licensed, that person
shall be fined | ||
$300 for each business day he conducted his business without
| ||
such a license after the expiration of the 15-day 15 day period | ||
specified in this
subsection (a).
| ||
(b) Any person who, having had his license or licenses | ||
issued under Section
5-101, 5-101.2, 5-102, 5-201 , or 5-301 | ||
suspended, revoked, nonrenewed, cancelled, or denied by the
| ||
Secretary of State under Section 5-501 or 5-501.5 of this Code, | ||
continues to operate business after
the effective date of such | ||
revocation, nonrenewal, suspension, cancellation, or denial
| ||
may be sued in a civil action by the Secretary of State in the | ||
county in
which the established or additional place of such | ||
business is located. Except as provided in subsection (e) of | ||
Section 5-501.5 of this Code, if
such person is found by the | ||
court to have operated such a business after
the license or | ||
licenses required for conducting such
business have been | ||
suspended, revoked, nonrenewed, cancelled, or denied, that | ||
person
shall be fined $500 for each day he conducted business | ||
thereafter.
| ||
(Source: P.A. 100-409, eff. 8-25-17; 100-450, eff. 1-1-18; | ||
revised 1-22-18.)
|
(625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
| ||
Sec. 6-103. What persons shall not be licensed as drivers | ||
or granted
permits. The Secretary of State shall not issue, | ||
renew, or
allow the retention of any driver's
license nor issue | ||
any permit under this Code:
| ||
1. To any person, as a driver, who is under the age of | ||
18 years except
as provided in Section 6-107, and except | ||
that an instruction permit may be
issued under Section | ||
6-107.1 to a child who
is not less than 15 years of age if | ||
the child is enrolled in an approved
driver education | ||
course as defined in Section 1-103 of this Code and
| ||
requires an instruction permit to participate therein, | ||
except that an
instruction permit may be issued under the | ||
provisions of Section 6-107.1
to a child who is 17 years | ||
and 3 months of age without the child having
enrolled in an
| ||
approved driver education course and except that an
| ||
instruction permit may be issued to a child who is at least | ||
15 years and 3
months of age, is enrolled in school, meets | ||
the educational requirements of
the Driver Education Act, | ||
and has passed examinations the Secretary of State in
his | ||
or her discretion may prescribe;
| ||
1.5. To any person at least 18 years of age but less | ||
than 21 years of age unless the person has, in addition to | ||
any other requirements of this Code, successfully | ||
completed an adult driver education course as provided in |
Section 6-107.5 of this Code; | ||
2. To any person who is under the age of 18 as an | ||
operator of a motorcycle
other than a motor driven cycle | ||
unless the person has, in addition to
meeting the | ||
provisions of Section 6-107 of this Code, successfully
| ||
completed a motorcycle
training course approved by the | ||
Illinois Department of Transportation and
successfully | ||
completes the required Secretary of State's motorcycle | ||
driver's
examination;
| ||
3. To any person, as a driver, whose driver's license | ||
or permit has been
suspended, during the suspension, nor to | ||
any person whose driver's license or
permit has been | ||
revoked, except as provided in Sections 6-205, 6-206, and
| ||
6-208;
| ||
4. To any person, as a driver, who is a user of alcohol | ||
or any other
drug to a degree that renders the person | ||
incapable of safely driving a motor
vehicle;
| ||
5. To any person, as a driver, who has previously been | ||
adjudged to be
afflicted with or suffering from any mental | ||
or physical disability or disease
and who has not at the | ||
time of application been restored to competency by the
| ||
methods provided by law;
| ||
6. To any person, as a driver, who is required by the | ||
Secretary of State
to submit an alcohol and drug evaluation | ||
or take an examination provided
for in this Code unless the | ||
person has
successfully passed the examination and |
submitted any required evaluation;
| ||
7. To any person who is required under the provisions | ||
of the laws of
this State to deposit security or proof of | ||
financial responsibility and who
has not deposited the | ||
security or proof;
| ||
8. To any person when the Secretary of State has good | ||
cause to believe
that the person by reason of physical or | ||
mental disability would not be
able to safely operate a | ||
motor vehicle upon the highways, unless the
person shall | ||
furnish to the Secretary of State a verified written
| ||
statement, acceptable to the Secretary of State, from a | ||
competent medical
specialist, a licensed physician | ||
assistant, or a licensed advanced practice registered | ||
nurse, to the effect that the operation of a motor vehicle | ||
by the
person would not be inimical to the public safety;
| ||
9. To any person, as a driver, who is 69 years of age | ||
or older, unless
the person has successfully complied with | ||
the provisions of Section 6-109;
| ||
10. To any person convicted, within 12 months of | ||
application for a
license, of any of the sexual offenses | ||
enumerated in paragraph 2 of subsection
(b) of Section | ||
6-205;
| ||
11. To any person who is under the age of 21 years with | ||
a classification
prohibited in paragraph (b) of Section | ||
6-104 and to any person who is under
the age of 18 years | ||
with a classification prohibited in paragraph (c) of
|
Section 6-104;
| ||
12. To any person who has been either convicted of or | ||
adjudicated under
the Juvenile Court Act of 1987 based upon | ||
a violation of the Cannabis Control
Act, the Illinois | ||
Controlled Substances Act, or the Methamphetamine Control | ||
and Community Protection Act while that person was in | ||
actual
physical control of a motor vehicle. For purposes of | ||
this Section, any person
placed on probation under Section | ||
10 of the Cannabis Control Act, Section 410
of the Illinois | ||
Controlled Substances Act, or Section 70 of the | ||
Methamphetamine Control and Community Protection Act shall | ||
not be considered convicted.
Any person found guilty of | ||
this offense, while in actual physical control of a
motor | ||
vehicle, shall have an entry made in the court record by | ||
the judge that
this offense did occur while the person was | ||
in actual physical control of a
motor vehicle and order the | ||
clerk of the court to report the violation to the
Secretary | ||
of State as such. The Secretary of State shall not issue a | ||
new
license or permit for a period of one year;
| ||
13. To any person who is under the age of 18 years and | ||
who has committed
the offense
of operating a motor vehicle | ||
without a valid license or permit in violation of
Section | ||
6-101 or a similar out of state offense;
| ||
14. To any person who is
90 days or more
delinquent in | ||
court ordered child support
payments or has been | ||
adjudicated in arrears
in an amount equal to 90 days' |
obligation or more
and who has been found in contempt
of
| ||
court for failure to pay the support, subject to the | ||
requirements and
procedures of Article VII of Chapter 7 of
| ||
the Illinois Vehicle Code;
| ||
14.5. To any person certified by the Illinois | ||
Department of Healthcare and Family Services as being 90 | ||
days or more delinquent in payment of support under an | ||
order of support entered by a court or administrative body | ||
of this or any other State, subject to the requirements and | ||
procedures of Article VII of Chapter 7 of this Code | ||
regarding those certifications;
| ||
15. To any person released from a term of imprisonment | ||
for violating
Section 9-3 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012, or a similar provision of a law | ||
of another state relating to reckless homicide or for | ||
violating subparagraph (F) of paragraph (1) of subsection | ||
(d) of Section 11-501 of this Code relating to aggravated | ||
driving under the influence of alcohol, other drug or | ||
drugs, intoxicating compound or compounds, or any | ||
combination thereof, if the violation was the proximate | ||
cause of a death, within
24 months of release from a term | ||
of imprisonment;
| ||
16. To any person who, with intent to influence any act | ||
related to the issuance of any driver's license or permit, | ||
by an employee of the Secretary of State's Office, or the | ||
owner or employee of any commercial driver training school |
licensed by the Secretary of State, or any other individual | ||
authorized by the laws of this State to give driving | ||
instructions or administer all or part of a driver's | ||
license examination, promises or tenders to that person any | ||
property or personal advantage which that person is not | ||
authorized by law to accept. Any persons promising or | ||
tendering such property or personal advantage shall be | ||
disqualified from holding any class of driver's license or | ||
permit for 120 consecutive days. The Secretary of State | ||
shall establish by rule the procedures for implementing | ||
this period of disqualification and the procedures by which | ||
persons so disqualified may obtain administrative review | ||
of the decision to disqualify;
| ||
17. To any person for whom the Secretary of State | ||
cannot verify the
accuracy of any information or | ||
documentation submitted in application for a
driver's | ||
license;
| ||
18. To any person who has been adjudicated under the | ||
Juvenile Court Act of 1987 based upon an offense that is | ||
determined by the court to have been committed in | ||
furtherance of the criminal activities of an organized | ||
gang, as provided in Section 5-710 of that Act, and that | ||
involved the operation or use of a motor vehicle or the use | ||
of a driver's license or permit. The person shall be denied | ||
a license or permit for the period determined by the court; | ||
or
|
19. To any person who holds a REAL ID compliant | ||
identification card or REAL ID compliant Person with a | ||
Disability Identification Card issued under the Illinois | ||
Identification Card Act. Any such person may, at his or her | ||
discretion, surrender the REAL ID compliant identification | ||
card or REAL ID compliant Person with a Disability | ||
Identification Card in order to become eligible to obtain a | ||
REAL ID compliant driver's license. | ||
The Secretary of State shall retain all conviction
| ||
information, if the information is required to be held | ||
confidential under
the Juvenile Court Act of 1987. | ||
(Source: P.A. 99-173, eff. 7-29-15; 99-511, eff. 1-1-17; | ||
100-248, eff. 8-22-17; 100-513, eff. 1-1-18; revised | ||
10-12-17.)
| ||
(625 ILCS 5/6-115) (from Ch. 95 1/2, par. 6-115)
| ||
Sec. 6-115. Expiration of driver's license.
| ||
(a) Except as provided elsewhere in this Section, every
| ||
driver's license issued under the provisions of
this Code shall
| ||
expire 4 years from the date of its issuance, or at such later
| ||
date, as the Secretary of State may by proper rule and | ||
regulation designate,
not to exceed 12 calendar months; in the | ||
event
that an applicant for renewal of a driver's license fails
| ||
to apply prior to
the expiration date of the previous driver's | ||
license, the renewal driver's
license
shall expire 4 years from | ||
the expiration date of the previous
driver's license, or at |
such later date as the Secretary of State may
by proper rule | ||
and
regulation designate, not to exceed 12 calendar months.
| ||
The Secretary of State may, however, issue to a
person not | ||
previously licensed as a driver in Illinois a driver's
license
| ||
which will expire not less than 4 years nor more than 5
years | ||
from date of
issuance, except as provided elsewhere in this | ||
Section.
| ||
(a-5) Every driver's license issued under this Code to an | ||
applicant who is not a United States citizen or permanent | ||
resident shall be marked "Limited Term" and shall expire on | ||
whichever is the earlier date of the following: | ||
(1) as provided under subsection (a), (f), (g), or (i) | ||
of this Section; or | ||
(2) on the date the applicant's authorized stay in the | ||
United States terminates; or | ||
(3) if the applicant's authorized stay is indefinite | ||
and the applicant is applying for a Limited Term REAL ID | ||
compliant driver's license, one year from the date of | ||
issuance of the license. | ||
(b) Before the expiration of a driver's license, except | ||
those
licenses expiring on the individual's 21st birthday, or 3 | ||
months after
the individual's 21st birthday, the holder thereof | ||
may apply for a renewal
thereof, subject to all the provisions | ||
of Section 6-103, and the Secretary
of State may require an | ||
examination of the applicant. A licensee
whose driver's license | ||
expires on his 21st birthday, or 3 months after
his 21st |
birthday, may not apply for a renewal of his driving privileges
| ||
until he reaches the age of 21.
| ||
(c) The Secretary of State shall, 30 days prior to the | ||
expiration of a
driver's license, forward to each person whose | ||
license
is to expire a
notification of the expiration of said | ||
license which may
be presented at the time of renewal of said | ||
license.
| ||
There may be included with such notification information | ||
explaining
the anatomical gift and Emergency Medical | ||
Information Card provisions of
Section 6-110. The format and | ||
text of such information
shall be prescribed by the Secretary.
| ||
There shall be included with such notification,
for a | ||
period of 4 years beginning January 1, 2000 information | ||
regarding the
Illinois Adoption Registry and Medical | ||
Information Exchange established in
Section 18.1 of the | ||
Adoption Act.
| ||
(d) The Secretary may defer the expiration of the driver's | ||
license
of a licensee, spouse, and dependent children who are | ||
living with such licensee
while on active duty, serving in the | ||
Armed Forces of the United
States outside of the State of | ||
Illinois, and 120 days thereafter, upon such
terms and | ||
conditions as the Secretary may prescribe.
| ||
(d-5) The Secretary may defer the expiration of the | ||
driver's license of a licensee, or of a spouse or dependent | ||
children living with the licensee, serving as a civilian | ||
employee of the United States Armed Forces or the United States |
Department of Defense, outside of the State of Illinois, and | ||
120 days thereafter, upon such terms and conditions as the | ||
Secretary may prescribe. | ||
(e) The Secretary of State may decline to process a renewal | ||
of a driver's
license
of any person who has not paid any fee or | ||
tax due under this Code and is not
paid upon reasonable notice | ||
and demand.
| ||
(f) The Secretary shall provide that each original or | ||
renewal driver's
license issued to a licensee under 21 years of | ||
age shall expire 3 months
after the licensee's 21st birthday. | ||
Persons whose current driver's licenses
expire on their 21st | ||
birthday on or after January 1, 1986 shall not renew their
| ||
driver's license before their 21st birthday, and their current | ||
driver's
license will be extended for an additional term of 3 | ||
months beyond their
21st birthday. Thereafter, the expiration | ||
and term of the driver's license
shall be governed by | ||
subsection (a) hereof.
| ||
(g) The Secretary shall provide that each original or | ||
renewal driver's
license issued to a licensee 81 years of age | ||
through age 86 shall expire 2
years from the date of issuance, | ||
or at such later date as the Secretary may
by rule and | ||
regulation designate, not to exceed an additional 12 calendar
| ||
months. The
Secretary shall also provide that each original or | ||
renewal driver's license
issued to a licensee 87 years of age | ||
or older shall expire 12 months from
the date of issuance, or | ||
at such later date as the Secretary may by rule
and regulation |
designate, not to exceed an additional 12 calendar months.
| ||
(h) The Secretary of State shall provide that each special
| ||
restricted driver's license issued under subsection (g) of | ||
Section
6-113 of this Code shall expire 12 months from the date | ||
of
issuance. The Secretary shall adopt rules defining renewal
| ||
requirements.
| ||
(i) The Secretary of State shall provide that each driver's | ||
license issued to a person convicted of a sex offense as | ||
defined in Section 2 of the Sex Offender Registration Act shall | ||
expire 12 months from the date of issuance or at such date as | ||
the Secretary may by rule designate, not to exceed an | ||
additional 12 calendar months. The Secretary may adopt rules | ||
defining renewal requirements.
| ||
(Source: P.A. 99-118, eff. 1-1-16; 99-305, eff. 1-1-16; 99-642, | ||
eff. 7-28-16; 100-248, eff. 8-22-17; revised 10-10-17.)
| ||
(625 ILCS 5/7-216) (from Ch. 95 1/2, par. 7-216)
| ||
Sec. 7-216. Reciprocity; residents and nonresidents; | ||
licensing Reciprocity - Residents and nonresidents
- Licensing | ||
of nonresidents. | ||
(a) When
a nonresident's operating privilege is suspended
| ||
pursuant to Section 7-205 the Secretary of State shall transmit | ||
a certified
copy of the record of such action to the official | ||
in charge of the issuance
of driver's license and registration | ||
certificates in the state in which
such nonresident resides, if | ||
the law of such other
state provides for action in relation |
thereto similar to that provided for
in subsection paragraph | ||
(b).
| ||
(b) Upon receipt of such certification that the operating
| ||
privilege of a resident of this State has been suspended or | ||
revoked in any such other
state pursuant to a law providing for | ||
its suspension or revocation for
failure to deposit security | ||
for the payment of judgments arising out of a
motor vehicle | ||
accident, or for failure to deposit security under
| ||
circumstances which would require the Secretary of State to | ||
suspend a
nonresident's operating privilege had the motor
| ||
vehicle accident occurred in this State, the Secretary of State | ||
shall
suspend the driver's license of such resident and all | ||
other registrations.
Such suspension shall continue until such | ||
resident
furnishes evidence of compliance with the law of such | ||
other state
relating to the deposit of such security.
| ||
(c) In case the operator or the owner of a motor vehicle | ||
involved
in a motor vehicle accident within this State has no | ||
driver's
license or registration, such operator shall not be | ||
allowed a
driver's license or registration until the operator | ||
has complied
with the requirements of Sections 7-201 through | ||
thru 7-216 to the same extent that would be
necessary if, at | ||
the time of the motor vehicle accident, such operator
had held | ||
a license and registration.
| ||
(Source: P.A. 83-831; revised 10-6-17.)
| ||
(625 ILCS 5/7-604) (from Ch. 95 1/2, par. 7-604)
|
Sec. 7-604. Verification of liability insurance policy.
| ||
(a) The Secretary of State may select random samples
of | ||
registrations of motor vehicles subject to Section 7-601 of | ||
this Code,
or owners thereof, for the purpose of verifying | ||
whether or not the motor
vehicles are insured.
| ||
In addition to such general random samples of motor vehicle
| ||
registrations, the Secretary may select for
verification other | ||
random samples, including, but not limited to
registrations of | ||
motor vehicles owned by persons:
| ||
(1) whose motor vehicle registrations during the | ||
preceding 4 years have
been suspended pursuant to Section | ||
7-606 or 7-607 of this Code;
| ||
(2) who during the preceding 4 years have been | ||
convicted of violating
Section 3-707, 3-708 , or 3-710 of | ||
this Code while operating vehicles
owned by other persons;
| ||
(3) whose driving privileges have been suspended | ||
during the preceding 4
years;
| ||
(4) who during the preceding 4 years acquired ownership | ||
of motor
vehicles while the registrations of such vehicles | ||
under the previous owners
were suspended pursuant to | ||
Section 7-606 or 7-607 of this Code; or
| ||
(5) who during the preceding 4 years have received a | ||
disposition of
supervision under subsection (c) of Section | ||
5-6-1 of the Unified Code of
Corrections for a violation of | ||
Section 3-707, 3-708, or 3-710 of this Code.
| ||
(b) Upon receiving certification from the Department of |
Transportation
under Section 7-201.2 of this Code of the name | ||
of an owner or operator of any
motor vehicle involved in an | ||
accident, the Secretary may verify whether or
not at the time | ||
of the accident such motor vehicle was covered by a
liability | ||
insurance policy in accordance with Section 7-601 of this Code.
| ||
(c) In preparation for selection of random samples and | ||
their
verification, the Secretary may send to owners of | ||
randomly selected motor
vehicles, or to randomly selected motor | ||
vehicle owners, requests for
information about their motor | ||
vehicles and liability
insurance coverage electronically or, | ||
if electronic means are unavailable, via U.S. mail. The request | ||
shall require the owner to state whether
or not the motor | ||
vehicle was insured on the verification date stated in the
| ||
Secretary's request and the request may require, but is not | ||
limited to,
a statement by the owner of the names and addresses | ||
of insurers, policy
numbers, and expiration dates of insurance | ||
coverage.
| ||
(d) Within 30 days after the Secretary sends a request | ||
under subsection (c) of this Section, the owner to
whom it is | ||
sent shall furnish the requested information to the Secretary
| ||
above the owner's signed affirmation that such information is | ||
true and
correct. Proof of insurance in effect on the | ||
verification date, as
prescribed by the Secretary, may be | ||
considered by the Secretary to be a
satisfactory response to | ||
the request for information.
| ||
Any owner whose response indicates that his or her vehicle |
was
not covered by a liability insurance policy in accordance | ||
with
Section 7-601 of this Code shall be deemed to have | ||
registered or maintained
registration of a motor vehicle in | ||
violation of that Section. Any owner who
fails to respond to | ||
such a request shall be deemed to have registered or
maintained | ||
registration of a motor vehicle in violation of Section
7-601 | ||
of this Code.
| ||
(e) If the owner responds to the request for information by | ||
asserting
that his or her vehicle was covered by a liability | ||
insurance policy on the
verification date stated in the | ||
Secretary's request, the Secretary may
conduct a verification | ||
of the response by furnishing necessary information
to the | ||
insurer named in the response. The insurer shall within
45 days
| ||
inform the Secretary whether or not on the verification date | ||
stated the
motor vehicle was insured by the insurer in | ||
accordance with Section 7-601
of this Code. The Secretary may | ||
by rule and regulation prescribe the
procedures for | ||
verification.
| ||
(f) No random sample selected under this Section shall be | ||
categorized on
the basis of race, color, religion, sex, | ||
national origin, ancestry, age,
marital status, physical or | ||
mental disability, economic status ,
or geography.
| ||
(g) (Blank). | ||
(h) This Section shall be inoperative upon of the effective | ||
date of the rules adopted by the Secretary to implement Section | ||
7-603.5 of this Code. |
(Source: P.A. 99-333, eff. 12-30-15 (see Section 15 of P.A. | ||
99-483 for the effective date of changes made by P.A. 99-333); | ||
99-737, eff. 8-5-16; 100-145, eff. 1-1-18; 100-373, eff. | ||
1-1-18; revised 10-6-17.)
| ||
(625 ILCS 5/11-208)
(from Ch. 95 1/2, par. 11-208)
| ||
(Text of Section before amendment by P.A. 100-352 ) | ||
Sec. 11-208. Powers of local authorities.
| ||
(a) The provisions of this Code shall not be deemed to | ||
prevent
local authorities with respect to streets and highways | ||
under their
jurisdiction and within the reasonable exercise of | ||
the police power from:
| ||
1. Regulating the standing or parking of vehicles, | ||
except as
limited by Sections 11-1306 and 11-1307 of this | ||
Act;
| ||
2. Regulating traffic by means of police officers or | ||
traffic control
signals;
| ||
3. Regulating or prohibiting processions or | ||
assemblages on the highways; and certifying persons to | ||
control traffic for processions or assemblages;
| ||
4. Designating particular highways as one-way highways | ||
and requiring that
all vehicles thereon be moved in one | ||
specific direction;
| ||
5. Regulating the speed of vehicles in public parks | ||
subject to the
limitations set forth in Section 11-604;
| ||
6. Designating any highway as a through highway, as |
authorized in Section
11-302, and requiring that all | ||
vehicles stop before entering or crossing
the same or | ||
designating any intersection as a stop intersection or a | ||
yield
right-of-way intersection and requiring all vehicles | ||
to stop or yield the
right-of-way at one or more entrances | ||
to such intersections;
| ||
7. Restricting the use of highways as authorized in | ||
Chapter 15;
| ||
8. Regulating the operation of bicycles, low-speed | ||
electric bicycles, and low-speed gas bicycles, and | ||
requiring the
registration and licensing of same, | ||
including the requirement of a
registration fee;
| ||
9. Regulating or prohibiting the turning of vehicles or | ||
specified
types of vehicles at intersections;
| ||
10. Altering the speed limits as authorized in Section | ||
11-604;
| ||
11. Prohibiting U-turns;
| ||
12. Prohibiting pedestrian crossings at other than | ||
designated and marked
crosswalks or at intersections;
| ||
13. Prohibiting parking during snow removal operation;
| ||
14. Imposing fines in accordance with Section | ||
11-1301.3 as penalties
for use of any parking place | ||
reserved for persons with disabilities, as defined
by | ||
Section 1-159.1, or veterans with disabilities by any | ||
person using a motor
vehicle not bearing registration | ||
plates specified in Section 11-1301.1
or a special decal or |
device as defined in Section 11-1301.2
as evidence that the | ||
vehicle is operated by or for a person
with disabilities or | ||
a veteran with a disability;
| ||
15. Adopting such other traffic regulations as are | ||
specifically
authorized by this Code; or
| ||
16. Enforcing the provisions of subsection (f) of | ||
Section 3-413 of this
Code or a similar local ordinance.
| ||
(b) No ordinance or regulation enacted under paragraph | ||
subsections 1, 4, 5, 6, 7,
9, 10, 11 or 13 of subsection | ||
paragraph (a) shall be effective until signs giving
reasonable | ||
notice of such local traffic regulations are posted.
| ||
(c) The provisions of this Code shall not prevent any
| ||
municipality having a population of 500,000 or more inhabitants | ||
from
prohibiting any person from driving or operating any motor | ||
vehicle upon
the roadways of such municipality with headlamps | ||
on high beam or bright.
| ||
(d) The provisions of this Code shall not be deemed to | ||
prevent local
authorities within the reasonable exercise of | ||
their police power from
prohibiting, on private property, the | ||
unauthorized use of parking spaces
reserved for persons with | ||
disabilities.
| ||
(e) No unit of local government, including a home rule | ||
unit, may enact or
enforce an ordinance that applies only to | ||
motorcycles if the principal purpose
for that ordinance is to | ||
restrict the access of motorcycles to any highway or
portion of | ||
a highway for which federal or State funds have been used for |
the
planning, design, construction, or maintenance of that | ||
highway. No unit of
local government, including a home rule | ||
unit, may enact an ordinance requiring
motorcycle users to wear | ||
protective headgear. Nothing in this subsection
(e) shall | ||
affect the authority of a unit of local government to regulate
| ||
motorcycles for traffic control purposes or in accordance with | ||
Section 12-602
of this Code. No unit of local government, | ||
including a home rule unit, may
regulate motorcycles in a | ||
manner inconsistent with this Code. This subsection
(e) is a | ||
limitation under subsection (i) of Section 6 of Article VII of | ||
the
Illinois Constitution on the concurrent exercise by home | ||
rule units of powers
and functions exercised by the State.
| ||
(e-5) The City of Chicago may enact an ordinance providing | ||
for a noise monitoring system upon any portion of the roadway | ||
known as Lake Shore Drive. Twelve months after the installation | ||
of the noise monitoring system, and any time after the first | ||
report as the City deems necessary, the City of Chicago shall | ||
prepare a noise monitoring report with the data collected from | ||
the system and shall, upon request, make the report available | ||
to the public. For purposes of this subsection (e-5), "noise | ||
monitoring system" means an automated noise monitor capable of | ||
recording noise levels 24 hours per day and 365 days per year | ||
with computer equipment sufficient to process the data. | ||
(f) A municipality or county designated in Section 11-208.6 | ||
may enact an ordinance providing for an
automated traffic law | ||
enforcement system to enforce violations of this Code or
a |
similar provision of a local ordinance and imposing liability | ||
on a registered owner or lessee of a vehicle used in such a | ||
violation.
| ||
(g) A municipality or county, as provided in Section | ||
11-1201.1, may enact an ordinance providing for an automated | ||
traffic law enforcement system to enforce violations of Section | ||
11-1201 of this Code or a similar provision of a local | ||
ordinance and imposing liability on a registered owner of a | ||
vehicle used in such a violation.
| ||
(h) A municipality designated in Section 11-208.8 may enact | ||
an ordinance providing for an
automated speed enforcement | ||
system to enforce violations of Article VI of Chapter 11 of | ||
this Code or a similar provision of a local ordinance. | ||
(i) A municipality or county designated in Section 11-208.9 | ||
may enact an ordinance providing for an
automated traffic law | ||
enforcement system to enforce violations of Section 11-1414 of | ||
this Code or
a similar provision of a local ordinance and | ||
imposing liability on a registered owner or lessee of a vehicle | ||
used in such a violation. | ||
(Source: P.A. 99-143, eff. 7-27-15; 100-209, eff. 1-1-18; | ||
100-257, eff. 8-22-17; revised 10-6-17.)
| ||
(Text of Section after amendment by P.A. 100-352 ) | ||
Sec. 11-208. Powers of local authorities.
| ||
(a) The provisions of this Code shall not be deemed to | ||
prevent
local authorities with respect to streets and highways |
under their
jurisdiction and within the reasonable exercise of | ||
the police power from:
| ||
1. Regulating the standing or parking of vehicles, | ||
except as
limited by Sections 11-1306 and 11-1307 of this | ||
Act;
| ||
2. Regulating traffic by means of police officers or | ||
traffic control
signals;
| ||
3. Regulating or prohibiting processions or | ||
assemblages on the highways; and certifying persons to | ||
control traffic for processions or assemblages;
| ||
4. Designating particular highways as one-way highways | ||
and requiring that
all vehicles thereon be moved in one | ||
specific direction;
| ||
5. Regulating the speed of vehicles in public parks | ||
subject to the
limitations set forth in Section 11-604;
| ||
6. Designating any highway as a through highway, as | ||
authorized in Section
11-302, and requiring that all | ||
vehicles stop before entering or crossing
the same or | ||
designating any intersection as a stop intersection or a | ||
yield
right-of-way intersection and requiring all vehicles | ||
to stop or yield the
right-of-way at one or more entrances | ||
to such intersections;
| ||
7. Restricting the use of highways as authorized in | ||
Chapter 15;
| ||
8. Regulating the operation of bicycles, low-speed | ||
electric bicycles, and low-speed gas bicycles, and |
requiring the
registration and licensing of same, | ||
including the requirement of a
registration fee;
| ||
9. Regulating or prohibiting the turning of vehicles or | ||
specified
types of vehicles at intersections;
| ||
10. Altering the speed limits as authorized in Section | ||
11-604;
| ||
11. Prohibiting U-turns;
| ||
12. Prohibiting pedestrian crossings at other than | ||
designated and marked
crosswalks or at intersections;
| ||
13. Prohibiting parking during snow removal operation;
| ||
14. Imposing fines in accordance with Section | ||
11-1301.3 as penalties
for use of any parking place | ||
reserved for persons with disabilities, as defined
by | ||
Section 1-159.1, or veterans with disabilities by any | ||
person using a motor
vehicle not bearing registration | ||
plates specified in Section 11-1301.1
or a special decal or | ||
device as defined in Section 11-1301.2
as evidence that the | ||
vehicle is operated by or for a person
with disabilities or | ||
a veteran with a disability;
| ||
15. Adopting such other traffic regulations as are | ||
specifically
authorized by this Code; or
| ||
16. Enforcing the provisions of subsection (f) of | ||
Section 3-413 of this
Code or a similar local ordinance.
| ||
(b) No ordinance or regulation enacted under paragraph | ||
subsections 1, 4, 5, 6, 7,
9, 10, 11 or 13 of subsection | ||
paragraph (a) shall be effective until signs giving
reasonable |
notice of such local traffic regulations are posted.
| ||
(c) The provisions of this Code shall not prevent any
| ||
municipality having a population of 500,000 or more inhabitants | ||
from
prohibiting any person from driving or operating any motor | ||
vehicle upon
the roadways of such municipality with headlamps | ||
on high beam or bright.
| ||
(d) The provisions of this Code shall not be deemed to | ||
prevent local
authorities within the reasonable exercise of | ||
their police power from
prohibiting, on private property, the | ||
unauthorized use of parking spaces
reserved for persons with | ||
disabilities.
| ||
(e) No unit of local government, including a home rule | ||
unit, may enact or
enforce an ordinance that applies only to | ||
motorcycles if the principal purpose
for that ordinance is to | ||
restrict the access of motorcycles to any highway or
portion of | ||
a highway for which federal or State funds have been used for | ||
the
planning, design, construction, or maintenance of that | ||
highway. No unit of
local government, including a home rule | ||
unit, may enact an ordinance requiring
motorcycle users to wear | ||
protective headgear. Nothing in this subsection
(e) shall | ||
affect the authority of a unit of local government to regulate
| ||
motorcycles for traffic control purposes or in accordance with | ||
Section 12-602
of this Code. No unit of local government, | ||
including a home rule unit, may
regulate motorcycles in a | ||
manner inconsistent with this Code. This subsection
(e) is a | ||
limitation under subsection (i) of Section 6 of Article VII of |
the
Illinois Constitution on the concurrent exercise by home | ||
rule units of powers
and functions exercised by the State.
| ||
(e-5) The City of Chicago may enact an ordinance providing | ||
for a noise monitoring system upon any portion of the roadway | ||
known as Lake Shore Drive. Twelve months after the installation | ||
of the noise monitoring system, and any time after the first | ||
report as the City deems necessary, the City of Chicago shall | ||
prepare a noise monitoring report with the data collected from | ||
the system and shall, upon request, make the report available | ||
to the public. For purposes of this subsection (e-5), "noise | ||
monitoring system" means an automated noise monitor capable of | ||
recording noise levels 24 hours per day and 365 days per year | ||
with computer equipment sufficient to process the data. | ||
(e-10) (e-5) A unit of local government, including a home | ||
rule unit, may not enact an ordinance prohibiting the use of | ||
Automated Driving System equipped vehicles on its roadways. | ||
Nothing in this subsection (e-10) (e-5) shall affect the | ||
authority of a unit of local government to regulate Automated | ||
Driving System equipped vehicles for traffic control purposes. | ||
No unit of local government, including a home rule unit, may | ||
regulate Automated Driving System equipped vehicles in a manner | ||
inconsistent with this Code. For purposes of this subsection | ||
(e-10) (e-5) , "Automated Driving System equipped vehicle" | ||
means any vehicle equipped with an Automated Driving System of | ||
hardware and software that are collectively capable of | ||
performing the entire dynamic driving task on a sustained |
basis, regardless of whether it is limited to a specific | ||
operational domain. This subsection (e-10) (e-5) is a | ||
limitation under subsection (i) of Section 6 of Article VII of | ||
the Illinois Constitution on the concurrent exercise by home | ||
rule units of powers and functions exercised by the State. | ||
(f) A municipality or county designated in Section 11-208.6 | ||
may enact an ordinance providing for an
automated traffic law | ||
enforcement system to enforce violations of this Code or
a | ||
similar provision of a local ordinance and imposing liability | ||
on a registered owner or lessee of a vehicle used in such a | ||
violation.
| ||
(g) A municipality or county, as provided in Section | ||
11-1201.1, may enact an ordinance providing for an automated | ||
traffic law enforcement system to enforce violations of Section | ||
11-1201 of this Code or a similar provision of a local | ||
ordinance and imposing liability on a registered owner of a | ||
vehicle used in such a violation.
| ||
(h) A municipality designated in Section 11-208.8 may enact | ||
an ordinance providing for an
automated speed enforcement | ||
system to enforce violations of Article VI of Chapter 11 of | ||
this Code or a similar provision of a local ordinance. | ||
(i) A municipality or county designated in Section 11-208.9 | ||
may enact an ordinance providing for an
automated traffic law | ||
enforcement system to enforce violations of Section 11-1414 of | ||
this Code or
a similar provision of a local ordinance and | ||
imposing liability on a registered owner or lessee of a vehicle |
used in such a violation. | ||
(Source: P.A. 99-143, eff. 7-27-15; 100-209, eff. 1-1-18; | ||
100-257, eff. 8-22-17; 100-352, eff. 6-1-18; revised 10-6-17.)
| ||
(625 ILCS 5/12-503) (from Ch. 95 1/2, par. 12-503)
| ||
Sec. 12-503. Windshields must be unobstructed and equipped | ||
with wipers.
| ||
(a) No person shall drive a motor vehicle with any sign, | ||
poster, window
application, reflective material, nonreflective | ||
material or tinted film
upon the front windshield, except that | ||
a nonreflective tinted film may be used along
the uppermost | ||
portion of the windshield if such material does not extend
more | ||
than 6 inches down from the top of the windshield.
| ||
(a-3) No new or used motor vehicle dealer shall permit a | ||
driver to drive a motor vehicle offered for sale or lease off | ||
the premises where the motor vehicle is being offered for sale | ||
or lease, including when the driver is test driving the | ||
vehicle, with signs, decals, paperwork, or other material on | ||
the front windshield or on the windows immediately adjacent to | ||
each side of the driver that would obstruct the driver's view | ||
in violation of subsection (a) of this Section. For purposes of | ||
this subsection (a-3), "test driving" means when a driver, with | ||
permission of the new or used vehicle dealer or employee of the | ||
new or used vehicle dealer, drives a vehicle owned and held for | ||
sale or lease by a new or used vehicle dealer that the driver | ||
is considering to purchase or lease. |
(a-5) No window treatment or tinting shall be applied to | ||
the windows immediately adjacent to each side of the driver, | ||
except: | ||
(1) On vehicles where none of the windows to the rear | ||
of the driver's seat are treated in a manner that allows | ||
less than 30% light transmittance, a nonreflective tinted | ||
film that allows at least 50% light transmittance, with a | ||
5% variance observed by any law enforcement official | ||
metering the light transmittance, may be used on the | ||
vehicle windows immediately adjacent to each side of the | ||
driver. | ||
(2) On vehicles where none of the windows to the rear | ||
of the driver's seat are treated in a manner that allows | ||
less than 35% light transmittance, a nonreflective tinted | ||
film that allows at least 35% light transmittance, with a | ||
5% variance observed by any law enforcement official | ||
metering the light transmittance, may be used on the | ||
vehicle windows immediately adjacent to each side of the | ||
driver. | ||
(3) (Blank). | ||
(4) On vehicles where a nonreflective smoked or tinted | ||
glass that was originally installed by the manufacturer on | ||
the windows to the rear of the driver's seat, a | ||
nonreflective tint that allows at least 50% light | ||
transmittance, with a 5% variance observed by a law | ||
enforcement official metering the light transmittance, may |
be used on the vehicle windows immediately adjacent to each | ||
side of the driver. | ||
(a-10) No person shall install or repair any material | ||
prohibited by subsection (a) of this Section. | ||
(1) Nothing in this subsection shall prohibit a person | ||
from removing or altering any material prohibited by | ||
subsection (a) to make a motor vehicle comply with the | ||
requirements of this Section. | ||
(2) Nothing in this subsection shall prohibit a person | ||
from installing window treatment for a person with a | ||
medical condition described in subsection (g) of this | ||
Section. An installer who installs window treatment for a | ||
person with a medical condition described in subsection (g) | ||
must obtain a copy of the certified statement or letter | ||
written by a physician described in subsection (g) from the | ||
person with the medical condition prior to installing the | ||
window treatment. The copy of the certified statement or | ||
letter must be kept in the installer's permanent records. | ||
(b) On motor vehicles where window treatment has not been | ||
applied to the windows immediately adjacent to each side of the | ||
driver, the use of a
perforated
window screen or other | ||
decorative window application on windows to the rear
of the | ||
driver's seat shall be allowed. | ||
(b-5) Any motor vehicle with a window to the
rear of the | ||
driver's seat treated in this manner shall be equipped with a
| ||
side mirror on each side of the motor vehicle which are in |
conformance with
Section 12-502.
| ||
(c) No person shall drive a motor vehicle with any objects | ||
placed or
suspended between the driver and the front | ||
windshield, rear
window, side wings or side windows immediately | ||
adjacent to each side of
the driver which materially obstructs | ||
the driver's view.
| ||
(d) Every motor vehicle, except motorcycles, shall be | ||
equipped with a
device, controlled by the driver, for cleaning | ||
rain, snow, moisture or other
obstructions from the windshield; | ||
and no person shall drive a motor vehicle
with snow, ice, | ||
moisture or other material on any of the windows or
mirrors, | ||
which materially obstructs the driver's clear view of the | ||
highway.
| ||
(e) No person shall drive a motor vehicle when the | ||
windshield, side or
rear windows are in such defective | ||
condition or repair as to materially
impair the driver's view | ||
to the front, side or rear. A vehicle equipped
with a side | ||
mirror on each side of the vehicle which are in conformance
| ||
with Section 12-502 will be deemed to be in compliance in the | ||
event the
rear window of the vehicle is materially obscured.
| ||
(f) Subsections Paragraphs (a), (a-5), (b), and (b-5) of | ||
this Section shall not apply to:
| ||
(1) (Blank).
| ||
(2) those motor vehicles properly registered in | ||
another jurisdiction.
| ||
(g) Subsections Paragraphs (a) and (a-5) of this Section |
shall not apply to window treatment, including , but not limited | ||
to , a window application,
nonreflective material, or tinted | ||
film, applied or affixed
to a motor vehicle for which | ||
distinctive license plates or license plate stickers have been | ||
issued pursuant to subsection (k) of Section 3-412 of this | ||
Code, and which:
| ||
(1) is owned and operated by a person afflicted with or | ||
suffering
from a medical disease, including , but not | ||
limited to , systemic or discoid lupus erythematosus, | ||
disseminated superficial actinic porokeratosis, or | ||
albinism, which would require that person
to be shielded | ||
from the direct rays of the sun; or
| ||
(2) is used in transporting a person when the person
| ||
resides at
the same address as the registered owner of the | ||
vehicle and the
person is
afflicted with or suffering from | ||
a medical disease
which would require the person to be | ||
shielded from the direct rays
of the
sun, including , but | ||
not limited to , systemic or discoid lupus erythematosus, | ||
disseminated superficial actinic porokeratosis, or | ||
albinism.
| ||
The owner must obtain a certified statement or letter | ||
written by a physician licensed to practice medicine in
| ||
Illinois that such person owning and operating or being | ||
transported in a motor
vehicle is afflicted with or suffers | ||
from such disease, including , but not limited to , systemic | ||
or discoid lupus erythematosus, disseminated superficial |
actinic porokeratosis, or albinism. However, no exemption | ||
from the requirements of subsection (a-5) shall be granted | ||
for any condition, such as light sensitivity, for which | ||
protection from the direct rays of the sun can be | ||
adequately obtained by the use of sunglasses or other eye | ||
protective devices. | ||
Such certification must be carried in the motor vehicle | ||
at all times. The
certification shall be legible and shall | ||
contain the date of issuance, the
name, address and | ||
signature of the attending physician, and the name, | ||
address,
and medical condition of the person requiring | ||
exemption. The information on
the certificate for a window | ||
treatment must remain current and shall be renewed every 4 | ||
years
by the attending physician. The owner shall also | ||
submit a copy of the certification to
the Secretary of
| ||
State. The Secretary of State may forward notice of | ||
certification to law
enforcement agencies.
| ||
(g-5) (Blank). | ||
(g-7) Installers shall only install window treatment | ||
authorized by subsection (g) on motor vehicles for which | ||
distinctive plates or license plate stickers have been issued | ||
pursuant to subsection (k) of Section 3-412 of this Code. The | ||
distinctive license plates or plate sticker must be on the | ||
motor vehicle at the time of window treatment installation. | ||
(h) Subsection Paragraph (a) of this Section shall not | ||
apply to motor vehicle
stickers or other certificates issued by |
State or local authorities which
are required to be displayed | ||
upon motor vehicle windows to evidence
compliance with | ||
requirements concerning motor vehicles.
| ||
(i) (Blank).
| ||
(j) A person found guilty of violating subsection | ||
paragraphs (a), (a-3), (a-5), (a-10), (b), (b-5), or (g-7) of | ||
this
Section shall be guilty of a petty offense and fined no | ||
less than $50 nor more
than $500. A second or subsequent | ||
violation of subsection paragraphs (a), (a-3), (a-5), (a-10), | ||
(b), (b-5), or (g-7) of
this Section shall be treated as a | ||
Class C misdemeanor and the violator fined
no less than $100 | ||
nor more than $500. Any person convicted under subsection | ||
paragraphs
(a), (a-5), (b), or (b-5) of this Section shall be | ||
ordered to alter any
nonconforming windows into compliance with | ||
this Section.
| ||
(k) Except as provided in subsection (a-3) of this Section, | ||
nothing in this
Section shall create a cause of action on | ||
behalf of a buyer against a
vehicle dealer or manufacturer who | ||
sells a motor vehicle with a window which is in
violation of | ||
this Section. | ||
(l) The Secretary of State shall provide a notice of the | ||
requirements of this Section to a new resident applying for | ||
vehicle registration in this State pursuant to Section 3-801 of | ||
this Code. The Secretary of State may comply with this | ||
subsection by posting the requirements of this Section on the | ||
Secretary of State's website. |
(m) A home rule unit may not regulate motor vehicles in a | ||
manner inconsistent with this Section. This Section is a | ||
limitation under subsection (i) of Section 6 of Article VII of | ||
the Illinois Constitution on the concurrent exercise by home | ||
rule units of powers and functions exercised by the State. | ||
(Source: P.A. 100-346, eff. 1-1-18; revised 10-12-17.)
| ||
(625 ILCS 5/12-601) (from Ch. 95 1/2, par. 12-601)
| ||
Sec. 12-601. Horns and warning devices.
| ||
(a) Every motor vehicle when
operated upon a highway shall | ||
be equipped with a horn in good working order
and capable of | ||
emitting sound audible under normal conditions from a distance
| ||
of not less than 200 feet, but no horn or other warning device | ||
shall emit an
unreasonable loud or harsh sound or a whistle. | ||
The driver of a motor vehicle
shall when reasonably necessary | ||
to insure safe operation give audible warning
with his horn but | ||
shall not otherwise use such horn when upon a highway.
| ||
(b) No vehicle shall be equipped with nor shall any person | ||
use upon a
vehicle
any siren, whistle, or bell, except as | ||
otherwise permitted in this Section section .
Any authorized | ||
emergency vehicle or organ transport vehicle as defined in
| ||
Chapter 1 of this Code or a vehicle operated by a fire chief or | ||
the Director or Coordinator of a municipal or county emergency | ||
services and disaster agency , may be
equipped with a siren, | ||
whistle, or bell , capable of emitting sound audible
under | ||
normal conditions from a distance of not less than 500 feet, |
but such
siren, whistle , or bell , shall not be used except when | ||
such vehicle is operated
in response to an emergency call or in | ||
the immediate pursuit
of an actual or
suspected violator of the | ||
law in either of which events the driver of such
vehicle shall | ||
sound such siren, whistle , or bell , when necessary to warn
| ||
pedestrians and other drivers of the approach thereof.
| ||
(c) Trackless trolley coaches, as defined by Section 1-206 | ||
of this Code,
and replica trolleys, as defined by Section | ||
1-171.04 of this Code, may
be equipped with a bell or bells in | ||
lieu of a horn, and may, in addition to
the requirements of | ||
subsection paragraph (a) of this Section, use a bell or bells | ||
for the
purpose of indicating arrival or departure at | ||
designated stops during the hours
of scheduled operation.
| ||
(Source: P.A. 100-182, eff. 1-1-18; revised 10-6-17.)
| ||
(625 ILCS 5/12-606) (from Ch. 95 1/2, par. 12-606)
| ||
Sec. 12-606. Tow trucks; Tow-trucks; identification; | ||
equipment; insurance.
| ||
(a) Every tow truck tow-truck , except those owned by | ||
governmental agencies, shall
have displayed on each side | ||
thereof, a sign with letters not less than 2
inches in height, | ||
contrasting in color to that of the background, stating
the | ||
full legal name, complete address (including street address and
| ||
city), and telephone number of the owner or operator thereof.
| ||
This information shall be permanently affixed to the sides of | ||
the tow
truck.
|
(b) Every tow truck tow-truck shall be equipped with:
| ||
(1) One or more brooms and shovels;
| ||
(2) One or more trash cans of at least 5 gallon | ||
capacity; and
| ||
(3) One fire extinguisher. This extinguisher shall be | ||
either:
| ||
(i) of the dry chemical or carbon dioxide type with | ||
an aggregate
rating of at least 4-B, C units, and | ||
bearing the approval of a laboratory
qualified by the | ||
Division of Fire Prevention for this purpose; or
| ||
(ii) One that meets the requirements of the Federal | ||
Motor Carrier
Safety Regulations of the United States | ||
Department of Transportation for
fire extinguishers on | ||
commercial motor vehicles.
| ||
(c) Every owner or operator and driver of a tow truck | ||
tow-truck shall comply with
Section 11-1413 of this Code Act | ||
and shall remove or cause to be removed all
glass and debris, | ||
except any (i) hazardous substance as defined in Section
3.215 | ||
of the Environmental Protection Act, (ii) hazardous waste as
| ||
defined in Section 3.220 of the Environmental Protection Act, | ||
and
(iii) medical samples or waste, including but not limited | ||
to any blood samples,
used syringes, other used medical | ||
supplies, or any other potentially infectious
medical waste as | ||
defined in Section 3.360 of the Environmental
Protection Act, | ||
deposited upon any street or highway by the disabled vehicle
| ||
being serviced, and shall in addition, spread dirt or sand or |
oil absorbent
upon that portion of any street or highway where | ||
oil or grease has been
deposited by the disabled vehicle being | ||
serviced.
| ||
(d) Every tow truck tow-truck operator shall in addition | ||
file an indemnity bond,
insurance policy, or other proof of | ||
insurance in a form to be prescribed
by the Secretary for: | ||
garagekeepers liability insurance, in an amount
no less than a | ||
combined single limit of $500,000, and truck (auto)
liability | ||
insurance in an amount no less than a combined single limit of
| ||
$500,000, on hook coverage or garagekeepers coverage in an | ||
amount of no less
than $25,000 which shall indemnify or
insure | ||
the tow truck tow-truck operator for the following:
| ||
(1) Bodily injury or damage to the property of others.
| ||
(2) Damage to any vehicle towed by the tower.
| ||
(3) In case of theft, loss of, or damage to any vehicle | ||
stored,
garagekeepers legal liability coverage in an | ||
amount of no less than $25,000.
| ||
(4) In case of injury to or occupational illness of the | ||
tow truck driver
or helper, workers compensation insurance | ||
meeting the minimum requirements of
the Workers' | ||
Compensation Act.
| ||
Any such bond or policy shall be issued only
by a bonding | ||
or insuring firm authorized to do business as such in
the State | ||
of Illinois, and a certificate of such bond or policy shall be
| ||
carried in the cab of each tow truck tow-truck .
| ||
(e) The bond or policy required in subsection (d) shall |
provide that
the insurance carrier may cancel it
by serving | ||
previous notice, as required by Sections 143.14 and 143.16 of
| ||
the Illinois Insurance Code, in writing, either personally or | ||
by
registered mail, upon the owner or operator of the motor | ||
vehicle and upon
the Secretary of State. Whenever any such bond | ||
or policy shall be so
cancelled, the Secretary of State shall | ||
mark the policy "Cancelled" and shall
require such owner or | ||
operator either to furnish a new bond or policy, in
accordance | ||
with this Act.
| ||
(Source: P.A. 92-574, eff. 6-26-02; revised 10-6-17.)
| ||
(625 ILCS 5/12-806) (from Ch. 95 1/2, par. 12-806)
| ||
Sec. 12-806. Identification, stop signal arms and special | ||
lighting when
not used as a school bus. | ||
(a) Except as provided in Section 12-806a,
whenever a | ||
school bus is operated for the purpose of transporting
| ||
passengers other than persons in connection with an activity of | ||
the school
or religious organization which owns the school bus | ||
or for which the school
bus is operated, the "SCHOOL BUS" signs | ||
shall be covered or concealed and
the stop signal arm and | ||
flashing signal system shall not be operable
through normal | ||
controls.
| ||
(b) If a school district, religious organization, vendor of | ||
school buses busses , or school bus company whose main source of | ||
income is contracting with a school district or religious | ||
organization for the provision of transportation services in |
connection with the activities of a school district or | ||
religious organization, discards through either sale or | ||
donation, a school bus to an individual or entity that is not | ||
one of the aforementioned entities above, then the recipient of | ||
such school bus shall be responsible for immediately removing, | ||
covering, or concealing the "SCHOOL BUS" signs and any other | ||
insignia or words indicating the vehicle is a school bus, | ||
rendering inoperable or removing entirely the stop signal arm | ||
and flashing signal system, and painting the school bus a | ||
different color from those under Section 12-801 of this Code. | ||
(Source: P.A. 100-277, eff. 1-1-18; revised 10-5-17.)
| ||
(625 ILCS 5/12-825) | ||
Sec. 12-825. Extracurricular Extra-curricular activities; | ||
passengers. | ||
(a) Each school bus operated by a public or private primary | ||
or secondary school transporting students enrolled in grade 12 | ||
or below for a school related athletic event or other school | ||
approved extracurricular activity shall be registered under | ||
subsection (a) of Section 3-808 of this Code, comply with | ||
school bus driver permit requirements under Section 6-104 of | ||
this Code, comply with the minimum liability insurance | ||
requirements under Section 12-707.01 of this Code, and comply | ||
with special requirements pertaining to school buses under this | ||
Chapter. | ||
(b) Each school bus that operates under subsection (a) of |
this Section may be used for the transportation of passengers | ||
other than students enrolled in grade 12 or below for | ||
activities that do not involve either a public or private | ||
educational institution if the school bus driver or school bus | ||
owner complies with Section 12-806 of this Code and the "SCHOOL | ||
BUS" sign under Section 12-802 of this Code is either removed | ||
or obscured so that it is not visible to other motorists.
| ||
(Source: P.A. 100-241, eff. 1-1-18; revised 10-5-17.)
| ||
(625 ILCS 5/15-301) (from Ch. 95 1/2, par. 15-301)
| ||
Sec. 15-301. Permits for excess size and weight.
| ||
(a) The Department with respect to highways under its | ||
jurisdiction
and local authorities with respect to highways | ||
under their jurisdiction
may, in their discretion, upon | ||
application and good cause being shown
therefor, issue a | ||
special permit authorizing the applicant to operate or
move a | ||
vehicle or combination of vehicles of a size or weight of | ||
vehicle or
load exceeding the maximum specified in this Act or | ||
otherwise not in
conformity with this Act upon any highway | ||
under the jurisdiction of the
party granting such permit and | ||
for the maintenance of which the party is
responsible. | ||
Applications and permits other than those in written or
printed | ||
form may only be accepted from and issued to the company or
| ||
individual making the movement. Except for an application to | ||
move directly
across a highway, it shall be the duty of the | ||
applicant to establish in the
application that the load to be |
moved by such vehicle or combination cannot reasonably be
| ||
dismantled or
disassembled, the reasonableness of which shall | ||
be determined by the Secretary of the Department. For the | ||
purpose of
over length movements,
more than one object may be | ||
carried side by side as long as the height, width,
and weight | ||
laws are not exceeded and the cause for the over length is not | ||
due
to multiple objects. For the purpose of over height | ||
movements, more than one
object may be carried as long as the | ||
cause for the over height is not due to
multiple objects and | ||
the length, width, and weight laws are not exceeded. For
the | ||
purpose of an over width movement, more than one object may be | ||
carried as
long as the cause for the over width is not due to | ||
multiple objects and length,
height, and weight laws are not | ||
exceeded. Except for transporting fluid milk products, no State | ||
or local agency shall
authorize the issuance of excess size or | ||
weight permits for vehicles and loads
that are divisible and | ||
that can be carried, when divided, within the existing
size or | ||
weight maximums specified in this Chapter. Any excess size or | ||
weight
permit issued in violation of the provisions of this | ||
Section shall be void at
issue and any movement made thereunder | ||
shall not be authorized under the terms
of the void permit. In | ||
any prosecution for a violation of this Chapter when
the | ||
authorization of an excess size or weight permit is at issue, | ||
it is the
burden of the defendant to establish that the permit | ||
was valid because the load
to be moved could not reasonably be | ||
dismantled or disassembled, or was
otherwise nondivisible.
|
(b) The application for any such permit shall: (1) state | ||
whether
such permit is requested for a single trip or for | ||
limited continuous
operation; (2) state if the applicant is an | ||
authorized carrier under the
Illinois Motor Carrier of Property | ||
Law, if so, his certificate,
registration or permit number | ||
issued by the Illinois Commerce
Commission; (3) specifically | ||
describe and identify the vehicle or
vehicles and load to be | ||
operated or moved except that for vehicles or
vehicle | ||
combinations registered by the Department as provided in | ||
Section
15-319 of this Chapter, only the Illinois Department of | ||
Transportation's
(IDT) registration number or classification | ||
need be given; (4) state the
routing requested including the | ||
points of origin and destination, and may
identify and include | ||
a request for routing to the nearest certified scale
in | ||
accordance with the Department's rules and regulations, | ||
provided the
applicant has approval to travel on local roads; | ||
and (5) state if the
vehicles or loads are being transported | ||
for hire. No permits for the
movement of a vehicle or load for | ||
hire shall be issued to any applicant who
is required under the | ||
Illinois Motor Carrier of Property Law to have a
certificate, | ||
registration or permit and does not have such certificate,
| ||
registration or permit.
| ||
(c) The Department or local authority when not inconsistent | ||
with
traffic safety is authorized to issue or withhold such | ||
permit at its
discretion; or, if such permit is issued at its | ||
discretion to prescribe
the route or routes to be traveled, to |
limit the number of trips, to
establish seasonal or other time | ||
limitations within which the vehicles
described may be operated | ||
on the highways indicated, or otherwise to
limit or prescribe | ||
conditions of operations of such vehicle or vehicles,
when | ||
necessary to assure against undue damage to the road | ||
foundations,
surfaces or structures, and may require such | ||
undertaking or other
security as may be deemed necessary to | ||
compensate for any injury to any
roadway or road structure. The | ||
Department shall maintain a daily record of
each permit issued | ||
along with the fee and the stipulated dimensions,
weights, | ||
conditions and restrictions authorized and this record shall be
| ||
presumed correct in any case of questions or dispute. The | ||
Department shall
install an automatic device for recording | ||
applications received and permits
issued by telephone. In | ||
making application by telephone, the Department and
applicant | ||
waive all objections to the recording of the conversation.
| ||
(d) The Department shall, upon application in writing from | ||
any local
authority, issue an annual permit authorizing the | ||
local authority to
move oversize highway construction, | ||
transportation, utility and maintenance
equipment over roads | ||
under the jurisdiction of the Department. The permit
shall be | ||
applicable only to equipment and vehicles owned by or | ||
registered
in the name of the local authority, and no fee shall | ||
be charged for the
issuance of such permits.
| ||
(e) As an exception to subsection paragraph (a) of this | ||
Section, the Department
and local authorities, with respect to |
highways under their respective
jurisdictions, in their | ||
discretion and upon application in writing may
issue a special | ||
permit for limited continuous operation, authorizing the
| ||
applicant to move loads of agricultural commodities on a 2-axle | ||
2 axle single
vehicle registered by the Secretary of State with | ||
axle loads not to exceed
35%, on a 3-axle or 4-axle 3 or 4 axle
| ||
vehicle registered by the Secretary of State with axle loads
| ||
not to exceed 20%, and on a 5-axle 5 axle vehicle registered by | ||
the
Secretary of State not to exceed 10% above those provided | ||
in Section 15-111. The total gross weight of the vehicle, | ||
however,
may not exceed the maximum gross weight of the | ||
registration class of the vehicle allowed under Section 3-815 | ||
or 3-818 of this Code. | ||
As used in this Section, "agricultural commodities"
means: | ||
(1) cultivated plants or agricultural produce grown
| ||
including, but is not limited to, corn, soybeans, wheat, | ||
oats, grain sorghum, canola, and rice; | ||
(2) livestock, including , but not limited to , hogs, | ||
equine, sheep, and poultry; | ||
(3) ensilage; and | ||
(4) fruits and vegetables.
| ||
Permits may be issued for a
period not to exceed 40 days | ||
and moves may be made of a distance not to
exceed 50 miles from | ||
a field, an on-farm grain storage facility, a warehouse as | ||
defined in the Illinois Grain Code, or a livestock management | ||
facility as defined in the Livestock Management Facilities Act |
over any
highway except the National System of Interstate and | ||
Defense Highways. The operator of the vehicle,
however, must | ||
abide by posted bridge and posted highway weight limits. All | ||
implements of husbandry operating under this Section between | ||
sunset and sunrise shall be equipped as prescribed in Section | ||
12-205.1.
| ||
(e-1) Upon a declaration by the Governor that an emergency | ||
harvest situation
exists, a special permit issued by the | ||
Department under this Section shall
be required from September | ||
1 through December 31 during harvest season
emergencies for a | ||
vehicle that exceeds the maximum axle weight and gross weight | ||
limits under Section 15-111 of this Code or exceeds the | ||
vehicle's registered gross weight, provided that the vehicle's | ||
axle weight and gross weight do not exceed 10% above the | ||
maximum limits under Section 15-111 of this Code and does not | ||
exceed the vehicle's registered gross weight by 10%. All other | ||
restrictions that apply to permits issued under this Section | ||
shall apply during the declared time period and no fee shall be | ||
charged for the issuance of those permits. Permits issued by | ||
the Department under this subsection (e-1) are only valid on | ||
federal and State highways under the jurisdiction of the | ||
Department, except interstate highways. With
respect to | ||
highways under the jurisdiction of local authorities, the local
| ||
authorities may, at their discretion, waive special permit | ||
requirements during
harvest season emergencies, and set a | ||
divisible load weight limit not to exceed 10% above a vehicle's |
registered gross weight, provided that the vehicle's axle | ||
weight and gross weight do not exceed 10% above the maximum | ||
limits specified in Section 15-111. Permits issued under this | ||
subsection (e-1) shall apply to all registered vehicles
| ||
eligible to obtain permits under this Section, including | ||
vehicles used in private or for-hire movement of divisible load | ||
agricultural commodities during the declared time period.
| ||
(f) The form and content of the permit shall be determined | ||
by the
Department with respect to highways under its | ||
jurisdiction and by local
authorities with respect to highways | ||
under their jurisdiction. Every permit
shall be in written form | ||
and carried in the vehicle or combination of
vehicles to which | ||
it refers and shall be open to inspection by any
police officer | ||
or authorized agent of any authority granting the permit
and no | ||
person shall violate any of the terms or conditions of such
| ||
special permit. Violation of the terms and conditions of the | ||
permit
shall not be deemed a revocation of the permit; however, | ||
any vehicle and load
found to be off the route prescribed in | ||
the permit shall be held to be
operating without a permit. Any | ||
off route vehicle and load shall be required
to obtain a new | ||
permit or permits, as necessary, to authorize the movement back
| ||
onto the original permit routing. No rule or regulation, nor | ||
anything herein
shall be construed to authorize any police | ||
officer, court, or authorized agent
of any authority granting | ||
the permit to remove the permit from the possession
of the | ||
permittee unless the permittee is charged with a fraudulent |
permit
violation as provided in subsection paragraph (i). | ||
However, upon arrest for an offense of
violation of permit, | ||
operating without a permit when the vehicle is off route,
or | ||
any size or weight offense under this Chapter when the | ||
permittee plans to
raise the issuance of the permit as a | ||
defense, the permittee, or his agent,
must produce the permit | ||
at any court hearing concerning the alleged offense.
| ||
If the permit designates and includes a routing to a | ||
certified scale, the permittee, while enroute to the designated | ||
scale, shall be deemed in compliance
with the weight provisions | ||
of the permit provided the axle or gross weights
do not exceed | ||
any of the permitted limits by more than the following amounts:
| ||
Single axle 2000 pounds
| ||
Tandem axle 3000 pounds
| ||
Gross 5000 pounds
| ||
(g) The Department is authorized to adopt, amend, and to | ||
make
available to interested persons a policy concerning | ||
reasonable rules,
limitations and conditions or provisions of | ||
operation upon highways
under its jurisdiction in addition to | ||
those contained in this Section
for the movement by special | ||
permit of vehicles, combinations, or loads
which cannot | ||
reasonably be dismantled or disassembled, including
| ||
manufactured and modular home sections and portions thereof. | ||
All rules,
limitations and conditions or provisions adopted in | ||
the policy shall
have due regard for the safety of the | ||
traveling public and the protection
of the highway system and |
shall have been promulgated in conformity with
the provisions | ||
of the Illinois Administrative Procedure Act. The
requirements | ||
of the policy for flagmen and escort vehicles shall be the
same | ||
for all moves of comparable size and weight. When escort | ||
vehicles are
required, they shall meet the following | ||
requirements:
| ||
(1) All operators shall be 18 years of age or over and | ||
properly
licensed to operate the vehicle.
| ||
(2) Vehicles escorting oversized loads more than | ||
12-feet wide must
be equipped with a rotating or flashing | ||
amber light mounted on top as specified
under Section | ||
12-215.
| ||
The Department shall establish reasonable rules and | ||
regulations
regarding liability insurance or self insurance | ||
for vehicles with
oversized loads promulgated under the | ||
Illinois Administrative Procedure
Act. Police vehicles may be | ||
required for escort under circumstances as
required by rules | ||
and regulations of the Department.
| ||
(h) Violation of any rule, limitation or condition or | ||
provision of
any permit issued in accordance with the | ||
provisions of this Section
shall not render the entire permit | ||
null and void but the violator shall
be deemed guilty of | ||
violation of permit and guilty of exceeding any size,
weight or | ||
load limitations in excess of those authorized by the permit.
| ||
The prescribed route or routes on the permit are not mere | ||
rules, limitations,
conditions, or provisions of the permit, |
but are also the sole extent of the
authorization granted by | ||
the permit. If a vehicle and load are found to be
off the route | ||
or routes prescribed by any permit authorizing movement,
the | ||
vehicle and load are operating without a permit. Any off-route | ||
off route movement
shall be subject to the size and weight | ||
maximums, under the applicable
provisions of this Chapter, as | ||
determined by the type or class highway upon
which the vehicle | ||
and load are being operated.
| ||
(i) Whenever any vehicle is operated or movement made under | ||
a
fraudulent permit the permit shall be void, and the person, | ||
firm, or
corporation to whom such permit was granted, the | ||
driver of such vehicle
in addition to the person who issued | ||
such permit and any accessory,
shall be guilty of fraud and | ||
either one or all persons may be prosecuted
for such violation. | ||
Any person, firm, or corporation committing such
violation | ||
shall be guilty of a Class 4 felony and the Department shall
| ||
not issue permits to the person, firm or corporation convicted | ||
of such
violation for a period of one year after the date of | ||
conviction.
Penalties for violations of this Section shall be | ||
in addition to any
penalties imposed for violation of other | ||
Sections of this Code Act .
| ||
(j) Whenever any vehicle is operated or movement made in | ||
violation
of a permit issued in accordance with this Section, | ||
the person to whom
such permit was granted, or the driver of | ||
such vehicle, is guilty of
such violation and either, but not | ||
both, persons may be prosecuted for
such violation as stated in |
this subsection (j). Any person, firm or
corporation convicted | ||
of such violation shall be guilty of a petty
offense and shall | ||
be fined for the first offense, not less than $50 nor
more than | ||
$200 and, for the second offense by the same person, firm or
| ||
corporation within a period of one year, not less than $200 nor | ||
more
than $300 and, for the third offense by the same person, | ||
firm or
corporation within a period of one year after the date | ||
of the first
offense, not less than $300 nor more than $500 and | ||
the Department shall
not issue permits to the person, firm or | ||
corporation convicted of a
third offense during a period of one | ||
year after the date of conviction
for such third offense.
| ||
(k) Whenever any vehicle is operated on local roads under | ||
permits
for excess width or length issued by local authorities, | ||
such vehicle may
be moved upon a State highway for a distance | ||
not to exceed one-half mile
without a permit for the purpose of | ||
crossing the State highway.
| ||
(l) Notwithstanding any other provision of this Section, | ||
the Department,
with respect to highways under its | ||
jurisdiction, and local authorities, with
respect to highways | ||
under their jurisdiction, may at their discretion authorize
the | ||
movement of a vehicle in violation of any size or weight | ||
requirement, or
both, that would not ordinarily be eligible for | ||
a permit, when there is a
showing of extreme necessity that the | ||
vehicle and load should be moved without
unnecessary delay.
| ||
For the purpose of this subsection, showing of extreme | ||
necessity shall be
limited to the following: shipments of |
livestock, hazardous materials, liquid
concrete being hauled | ||
in a mobile cement mixer, or hot asphalt.
| ||
(m) Penalties for violations of this Section shall be in | ||
addition to any
penalties imposed for violating any other | ||
Section of this Code.
| ||
(n) The Department with respect to highways under its | ||
jurisdiction and
local
authorities with respect to highways | ||
under their jurisdiction, in their
discretion and upon
| ||
application in writing, may issue a special permit for | ||
continuous limited
operation,
authorizing the applicant to | ||
operate a tow truck tow-truck that exceeds the weight limits
| ||
provided
for in subsection (a) of Section 15-111, provided:
| ||
(1) no rear single axle of the tow truck tow-truck | ||
exceeds 26,000 pounds;
| ||
(2) no rear tandem axle of the tow truck tow-truck | ||
exceeds 50,000 pounds;
| ||
(2.1) no triple rear axle on a manufactured recovery | ||
unit exceeds 60,000
pounds; | ||
(3) neither the disabled vehicle nor the disabled | ||
combination of vehicles
exceed the
weight restrictions | ||
imposed by this Chapter 15, or the weight limits imposed
| ||
under a
permit issued by the Department prior to hookup;
| ||
(4) the tow truck tow-truck prior to hookup does not | ||
exceed the weight restrictions
imposed
by this Chapter 15;
| ||
(5) during the tow operation the tow truck tow-truck | ||
does not violate any weight
restriction
sign;
|
(6) the tow truck tow-truck is equipped with flashing, | ||
rotating, or oscillating
amber
lights,
visible for at least | ||
500 feet in all directions;
| ||
(7) the tow truck tow-truck is specifically designed | ||
and licensed as a tow truck tow-truck ;
| ||
(8) the tow truck tow-truck has a gross vehicle weight | ||
rating of sufficient
capacity to safely
handle the load;
| ||
(9) the tow truck tow-truck is equipped with air | ||
brakes;
| ||
(10) the tow truck tow-truck is capable of utilizing | ||
the lighting and braking
systems of the
disabled vehicle or | ||
combination of vehicles;
| ||
(11) the tow commences at the initial point of wreck or | ||
disablement and terminates at a point where the repairs are | ||
actually to occur;
| ||
(12) the permit issued to the tow truck tow-truck is | ||
carried in the tow truck tow-truck
and
exhibited on demand | ||
by a police officer; and
| ||
(13) the movement shall be valid only on State state | ||
routes approved by the
Department.
| ||
(o) (Blank).
| ||
(p) In determining whether a load may be reasonably | ||
dismantled or disassembled for the purpose of subsection | ||
paragraph (a), the Department shall consider whether there is a | ||
significant negative impact on the condition of the pavement | ||
and structures along the proposed route, whether the load or |
vehicle as proposed causes a safety hazard to the traveling | ||
public, whether dismantling or disassembling the load promotes | ||
or stifles economic development and whether the proposed route | ||
travels less than 5 miles. A load is not required to be | ||
dismantled or disassembled for the purposes of subsection | ||
paragraph (a) if the Secretary of the Department determines | ||
there will be no significant negative impact to pavement or | ||
structures along the proposed route, the proposed load or | ||
vehicle causes no safety hazard to the traveling public, | ||
dismantling or disassembling the load does not promote economic | ||
development and the proposed route travels less than 5 miles.
| ||
The Department may promulgate rules for the purpose of | ||
establishing the divisibility of a load pursuant to subsection | ||
paragraph (a). Any load determined by the Secretary to be | ||
nondivisible shall otherwise comply with the existing size or | ||
weight maximums specified in this Chapter. | ||
(Source: P.A. 99-717, eff. 8-5-16; 100-70, eff. 8-11-17; | ||
revised 10-12-17.)
| ||
(625 ILCS 5/15-308.2)
| ||
Sec. 15-308.2. Fees for special permits for tow trucks | ||
tow-trucks . The fee for a
special permit to
operate a tow truck | ||
tow-truck pursuant to subsection (n) of Section 15-301 is $50
| ||
quarterly and
$200 annually.
| ||
(Source: P.A. 93-1023, eff. 8-25-04; revised 10-5-17.)
|
Section 550. The Boat Registration and Safety Act is | ||
amended by changing Sections 3-1 and 4-1 as follows:
| ||
(625 ILCS 45/3-1) (from Ch. 95 1/2, par. 313-1)
| ||
(Text of Section before amendment by P.A. 100-469 )
| ||
Sec. 3-1. Unlawful operation of unnumbered watercraft. | ||
Every watercraft other than non-powered watercraft on waters | ||
within
the jurisdiction of this State shall be numbered. No | ||
person may operate or
give permission for the operation of any | ||
such watercraft on such
waters unless the watercraft is | ||
numbered in accordance with this
Act, or in accordance with | ||
applicable federal Federal law, or in accordance with a | ||
federally approved
Federally-approved numbering system of | ||
another State, and unless (1) the
certificate of number awarded | ||
to such watercraft is in full
force and effect, and (2) the | ||
identifying number set forth in the
certificate of number is | ||
displayed on each side of the bow of such
watercraft.
| ||
(Source: P.A. 97-1136, eff. 1-1-13; revised 10-30-17.)
| ||
(Text of Section after amendment by P.A. 100-469 )
| ||
Sec. 3-1. Unlawful operation of unnumbered watercraft. | ||
Every watercraft other than non-powered watercraft on waters | ||
within
the jurisdiction of this State shall be numbered. No | ||
person may operate, use, or store or
give permission for the | ||
operation, usage, or storage of any such watercraft on such
| ||
waters unless it has on board while in operation: |
(A) A valid certificate of number is issued in accordance | ||
with this
Act, or in accordance with applicable federal Federal | ||
law, or in accordance with a federally approved
| ||
Federally-approved numbering system of another State, and | ||
unless: | ||
(1) the pocket-sized pocket sized
certificate of | ||
number awarded to such watercraft is in full
force and | ||
effect; or | ||
(2) the operator is in possession of a valid 60-day 60 | ||
day temporary permit under this Act. | ||
(B) The identifying number set forth in the
certificate of | ||
number is displayed on each side of the bow of such
watercraft.
| ||
The certificate of number, lease, or rental agreement | ||
required by this Section shall be available at all times for | ||
inspection at the request of a federal, State, or local law | ||
enforcement officer on the watercraft for which it is issued. | ||
No person shall operate a watercraft under this Section unless | ||
the certificate of number, lease, or rental agreement required | ||
is carried on board in a manner that it can be handed to a | ||
requesting law enforcement officer for inspection. A holder of | ||
a certificate of number shall notify the Department within 30 | ||
days if the holder's address no longer conforms to the address | ||
appearing on the certificate and shall furnish the Department | ||
with the holder's new address. The Department may provide for | ||
in its rules and regulations for the surrender of the | ||
certificate bearing the former address and its replacement with |
a certificate bearing the new address or for the alteration of | ||
an outstanding certificate to show the new address of the | ||
holder. | ||
(Source: P.A. 100-469, eff. 6-1-18; revised 10-30-17.)
| ||
(625 ILCS 45/4-1) (from Ch. 95 1/2, par. 314-1)
| ||
(Text of Section before amendment by P.A. 100-469 )
| ||
Sec. 4-1. Personal flotation devices.
| ||
A. No person may operate a watercraft
unless at least one | ||
U.S. Coast Guard approved PFD of the following types or
their | ||
equivalent is on board for each person: Type I, Type II or Type | ||
III.
| ||
B. No person may operate a personal watercraft or specialty | ||
prop-craft
unless each person aboard is wearing a Type I, Type | ||
II, Type III or Type V
PFD approved by the United States Coast | ||
Guard.
| ||
C. No person may operate a watercraft 16 feet or more in | ||
length,
except a canoe or kayak, unless at least one Type IV | ||
U.S. Coast Guard
approved PFD or its equivalent is on board in | ||
addition to the PFD's
required in paragraph A of this Section.
| ||
D. A U.S. Coast Guard approved Type V personal flotation | ||
device may be
carried in lieu of the Type I, II, III or IV | ||
personal flotation device
required in this Section, if the Type | ||
V personal flotation device is
approved for the activity in | ||
which it is being used.
| ||
E. When assisting a person on water skis waterskis , |
aquaplane or similar
device, there must be one U.S. Coast Guard | ||
approved PFD on
board the watercraft for each person being | ||
assisted or towed or worn
by the person being assisted or | ||
towed.
| ||
F. No person may operate a watercraft unless each device | ||
required by
this Section is:
| ||
1. Readily accessible;
| ||
2. In serviceable condition;
| ||
3. Of the appropriate size for the person for whom it | ||
is intended;
and
| ||
4. Legibly marked with the U.S. Coast Guard approval | ||
number.
| ||
G. Approved personal flotation devices are defined as | ||
follows:
| ||
Type I - A Type I personal flotation device is an | ||
approved device
designed to turn an unconscious person in | ||
the water from a face downward
position to a vertical or | ||
slightly backward position and to have more
than 20 pounds | ||
of buoyancy.
| ||
Type II - A Type II personal flotation device is an | ||
approved device
designed to turn an unconscious person in | ||
the water from a face downward
position to a vertical or | ||
slightly backward position and to have at
least 15 1/2 | ||
pounds of buoyancy.
| ||
Type III - A Type III personal flotation device is an | ||
approved device
designed to keep a conscious person in a |
vertical or slightly backward
position and to have at least | ||
15 1/2 pounds of buoyancy.
| ||
Type IV - A Type IV personal flotation device is an | ||
approved device
designed to be thrown to a person in the | ||
water and not worn. It is
designed to have at least 16 1/2 | ||
pounds of buoyancy.
| ||
Type V - A Type V personal flotation device is an | ||
approved device for
restricted use and is acceptable only | ||
when used in the activity for which
it is approved.
| ||
H. The provisions of subsections A through G of
this | ||
Section shall not apply to sailboards.
| ||
I. No person may operate a watercraft under 26 feet in | ||
length unless a
Type I, Type II, Type III,
or Type V personal | ||
flotation device is being properly worn by each person
under
| ||
the age of 13 on board the watercraft at all times in which the | ||
watercraft is
underway; however, this requirement shall not | ||
apply to persons who are below
decks or in totally enclosed | ||
cabin spaces.
The provisions of this subsection I shall not | ||
apply to a person operating a
watercraft on private property.
| ||
J. Racing shells, rowing sculls, racing canoes, and racing | ||
kayaks are exempt from the PFD, of any type, carriage | ||
requirements under this Section provided that the racing shell, | ||
racing scull, racing canoe, or racing kayak is participating in | ||
an event sanctioned by the Department as a PFD optional event. | ||
The Department may adopt rules to implement this subsection. | ||
(Source: P.A. 97-801, eff. 1-1-13; 98-567, eff. 1-1-14; revised |
10-5-17.)
| ||
(Text of Section after amendment by P.A. 100-469 )
| ||
Sec. 4-1. Personal flotation devices.
| ||
A. No person may operate a watercraft
unless at least one | ||
U.S. Coast Guard approved PFD is on board, so placed as to be | ||
readily available for each person.
| ||
B. No person may operate a personal watercraft or specialty | ||
prop-craft
unless each person aboard is wearing a
PFD approved | ||
by the United States Coast Guard. No person on board a personal | ||
watercraft shall use an inflatable PFD in order to meet the PFD | ||
requirements of subsection A of this Section.
| ||
C. No person may operate a watercraft 16 feet or more in | ||
length,
except a canoe or kayak, unless at least one readily | ||
accessible United States Coast Guard
approved throwable PFD is | ||
on board.
| ||
D. (Blank).
| ||
E. When assisting a person on water skis waterskis , | ||
aquaplane or similar
device, there must be one wearable United | ||
States Coast Guard approved PFD on
board the watercraft for | ||
each person being assisted or towed or worn
by the person being | ||
assisted or towed.
| ||
F. No person may operate a watercraft unless each device | ||
required by
this Section is:
| ||
1. in serviceable condition;
| ||
2. identified by a label bearing a description and |
approval number demonstrating that the device has been | ||
approved by the United States Coast Guard;
| ||
3. of the appropriate size for the person for whom it | ||
is intended;
and
| ||
4. in the case of a wearable PFD, readily accessible | ||
aboard the watercraft;
| ||
5. in the case of a throwable throwabale PFD, | ||
immediately available for use; | ||
6. out of its original packaging; and | ||
7. not stowed under lock and key. | ||
G. Approved personal flotation devices are defined as a | ||
device that is approved by the United States Coast Guard under | ||
Title 46 CFR Part 160.
| ||
H. (Blank).
| ||
I. No person may operate a watercraft under 26 feet in | ||
length unless an approved and appropriate sized United States | ||
Coast Guard personal flotation device is being properly worn by | ||
each person
under
the age of 13 on board the watercraft at all | ||
times in which the watercraft is
underway; however, this | ||
requirement shall not apply to persons who are below
decks or | ||
in totally enclosed cabin spaces.
The provisions of this | ||
subsection I shall not apply to a person operating a
watercraft | ||
on an individual's private property.
| ||
J. Racing shells, rowing sculls, racing canoes, and racing | ||
kayaks are exempt from the PFD, of any type, carriage | ||
requirements under this Section provided that the racing shell, |
racing scull, racing canoe, or racing kayak is participating in | ||
an event sanctioned by the Department as a PFD optional event. | ||
The Department may adopt rules to implement this subsection. | ||
(Source: P.A. 100-469, eff. 6-1-18; revised 10-5-17.)
| ||
Section 555. The Clerks of Courts Act is amended by | ||
changing Section 27.2 as follows:
| ||
(705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
| ||
Sec. 27.2. The fees of the clerks of the circuit court in | ||
all
counties having a population in excess of 500,000 | ||
inhabitants
but less than 3,000,000 inhabitants in the | ||
instances described in this Section
shall be as provided in | ||
this Section.
In those instances where a minimum and maximum | ||
fee is stated, counties with
more than 500,000 inhabitants but | ||
less than 3,000,000 inhabitants must charge
the minimum fee | ||
listed in this Section and may charge up to the maximum fee if
| ||
the county board has by resolution increased the fee.
In | ||
addition, the minimum fees authorized in this
Section shall | ||
apply to all units of local government and school districts
in | ||
counties with more than 3,000,000 inhabitants. The fees shall | ||
be paid
in advance and shall be as follows:
| ||
(a) Civil Cases.
| ||
With the following exceptions, the fee for filing a | ||
complaint, petition, or other pleading initiating
a civil | ||
action shall be a minimum of $150
and shall be a maximum of |
$190 through December 31, 2021 and a maximum of $184 on and | ||
after January 1, 2022.
| ||
(A) When the amount of money or damages or the | ||
value of personal
property claimed does not exceed | ||
$250, a minimum of $10 and a maximum of
$15.
| ||
(B) When that amount exceeds $250 but does not | ||
exceed $1,000, a minimum of $20 and a maximum of $40.
| ||
(C) When that amount exceeds $1,000 but does not | ||
exceed
$2500, a minimum
of $30 and a maximum of $50.
| ||
(D) When that amount exceeds $2500 but does not | ||
exceed $5,000, a minimum of $75 and a maximum of $100.
| ||
(D-5) When the amount exceeds $5,000 but does not | ||
exceed $15,000, a
minimum of $75 and a maximum of $150.
| ||
(E) For the exercise of eminent domain, $150. For | ||
each
additional lot or tract of land or right or | ||
interest therein subject to be
condemned, the damages | ||
in respect to which shall require separate
assessment | ||
by a jury, $150.
| ||
(F) No fees shall be charged by the clerk to a | ||
petitioner in any
order of
protection including, but | ||
not limited to, filing, modifying, withdrawing,
| ||
certifying, or
photocopying petitions for orders of | ||
protection, or for issuing alias summons,
or for any
| ||
related filing service, certifying, modifying, | ||
vacating, or
photocopying any
orders of protection.
| ||
(b) Eviction.
|
In each eviction case when the plaintiff seeks eviction
| ||
only or unites with his or her claim for eviction
a claim | ||
for rent or damages or both in the amount of $15,000 or | ||
less, a
minimum of $40 and a maximum of $75.
When the | ||
plaintiff unites his or her claim for eviction with a claim | ||
for
rent or damages or both exceeding $15,000, a minimum of | ||
$150 and a
maximum of $225.
| ||
(c) Counterclaim or Joining Third Party Defendant.
| ||
When any defendant files a counterclaim as part of his | ||
or her
answer or otherwise or joins another party as a | ||
third party defendant, or
both, the defendant shall pay a | ||
fee for each counterclaim or third
party action in an | ||
amount equal to the fee he or she would have had to pay
had | ||
he or she brought a separate action for the relief sought | ||
in the
counterclaim or against the third party defendant, | ||
less the amount of the
appearance fee, if that has been | ||
paid.
| ||
(d) Confession of Judgment.
| ||
In a confession of judgment when the amount does not | ||
exceed $1500, a
minimum of $50 and a maximum of $60. When | ||
the amount exceeds
$1500, but does not exceed $5,000, $75.
| ||
When the amount exceeds $5,000, but does not exceed
| ||
$15,000, $175.
When the amount exceeds $15,000, a minimum | ||
of $200 and a maximum of
$250.
| ||
(e) Appearance.
| ||
The fee for filing an appearance in each civil case |
shall be a minimum
of $50 and a maximum of $75,
except as | ||
follows:
| ||
(A) When the plaintiff in an eviction case seeks | ||
eviction
only, a minimum of $20 and a maximum of $40.
| ||
(B) When the amount in the case does not exceed | ||
$1500, a minimum of
$20 and a maximum of $40.
| ||
(C) When the amount in the case exceeds $1500 but | ||
does
not exceed $15,000, a minimum of $40 and a maximum | ||
of $60.
| ||
(f) Garnishment, Wage Deduction, and Citation.
| ||
In garnishment affidavit, wage deduction affidavit, | ||
and citation
petition when the amount does not exceed | ||
$1,000, a minimum of $10 and a
maximum of $15; when the | ||
amount
exceeds $1,000 but does not exceed $5,000, a minimum | ||
of $20 and a maximum
of $30; and when the amount exceeds
| ||
$5,000, a minimum of $30 and a maximum of $50.
| ||
(g) Petition to Vacate
or Modify.
| ||
(1) Petition to vacate
or modify any final judgment or | ||
order of court,
except in eviction cases and small claims | ||
cases or a
petition to reopen an estate, to modify, | ||
terminate, or enforce a
judgment or order for child or | ||
spousal support, or to modify, suspend, or
terminate an | ||
order for withholding, if filed before 30 days after the | ||
entry
of the judgment or order, a minimum of $40 and a | ||
maximum of $50.
| ||
(2) Petition to vacate
or modify any final judgment
or |
order of court, except a petition to modify, terminate, or | ||
enforce a
judgment or order for child or spousal support or | ||
to modify, suspend, or
terminate an order for withholding, | ||
if filed later than 30 days
after the entry of the judgment | ||
or order, a minimum of $60 and a maximum
of $75.
| ||
(3) Petition to vacate order of bond forfeiture, a | ||
minimum of $20
and a maximum of $40.
| ||
(h) Mailing.
| ||
When the clerk is required to mail, the fee will be a | ||
minimum of $6
and a maximum of $10, plus the cost of | ||
postage.
| ||
(i) Certified Copies.
| ||
Each certified copy of a judgment after the first, | ||
except in small
claims and eviction cases, a minimum of $10 | ||
and a
maximum of $15.
| ||
(j) Habeas Corpus.
| ||
For filing a petition for relief by habeas corpus, a | ||
minimum of $80
and a maximum of $125.
| ||
(k) Certification, Authentication, and Reproduction.
| ||
(1) Each certification or authentication for taking | ||
the acknowledgment
of a deed or other instrument in writing | ||
with the seal of office, a minimum
of $4 and a maximum of | ||
$6.
| ||
(2) Court appeals when original documents are | ||
forwarded, under 100 pages,
plus delivery and costs, a | ||
minimum of $50 and a maximum of $75.
|
(3) Court appeals when original documents are | ||
forwarded, over 100 pages,
plus delivery and costs, a | ||
minimum of $120 and a maximum of $150.
| ||
(4) Court appeals when original documents are | ||
forwarded, over 200
pages, an additional fee of a minimum | ||
of 20 and a maximum of 25 cents
per page.
| ||
(5) For reproduction of any document contained in the | ||
clerk's files:
| ||
(A) First page, $2.
| ||
(B) Next 19 pages, 50 cents per page.
| ||
(C) All remaining pages, 25 cents per page.
| ||
(l) Remands.
| ||
In any cases remanded to the Circuit Court from the | ||
Supreme Court
or the Appellate Court for a new trial, the | ||
clerk shall file the remanding
order and reinstate the case | ||
with either its original number or a new number.
The Clerk | ||
shall not
charge any new or additional fee for the | ||
reinstatement. Upon reinstatement the
Clerk shall advise | ||
the parties of the reinstatement. A party shall have the
| ||
same right to a jury trial on remand and reinstatement as | ||
he or she had before
the appeal, and no additional or new | ||
fee or charge shall be made for a jury
trial after remand.
| ||
(m) Record Search.
| ||
For each record search, within a division or municipal | ||
district, the
clerk shall be entitled to a search fee of a | ||
minimum of $4 and a maximum
of $6 for each year searched.
|
(n) Hard Copy.
| ||
For each page of hard copy print output, when case | ||
records are
maintained on an automated medium, the clerk | ||
shall be entitled to a fee of a
minimum of $4 and a maximum | ||
of $6.
| ||
(o) Index Inquiry and Other Records.
| ||
No fee shall be charged for a single | ||
plaintiff/defendant index inquiry
or single case record | ||
inquiry when this request is made in person and the
records | ||
are maintained in a current automated medium, and when no | ||
hard copy
print output is requested. The fees to be charged | ||
for management records,
multiple case records, and | ||
multiple journal records may be specified by the
Chief | ||
Judge pursuant to the guidelines for access and | ||
dissemination of
information approved by the Supreme | ||
Court.
| ||
(p) (Blank).
| ||
(q) Alias Summons.
| ||
For each alias summons or citation issued by the clerk, | ||
a minimum of $4
and a maximum of $5.
| ||
(r) Other Fees.
| ||
Any fees not covered in this Section shall be set by | ||
rule or
administrative order of the Circuit Court with the | ||
approval of the
Administrative Office of the Illinois | ||
Courts.
| ||
The clerk of the circuit court may provide additional |
services for
which there is no fee specified by statute in | ||
connection with the operation
of the clerk's office as may | ||
be requested by the public and agreed to by
the clerk and | ||
approved by the chief judge of the circuit court. Any
| ||
charges for additional services shall be as agreed to
| ||
between the clerk and the party making the request and | ||
approved by the
chief judge of the circuit court. Nothing | ||
in this
subsection shall be construed to require any clerk | ||
to provide any service
not otherwise required by law.
| ||
(s) Jury Services.
| ||
The clerk shall be entitled to receive, in
addition to | ||
other fees allowed by law, the sum of a minimum of $192.50
| ||
and a maximum of $212.50, as a fee for the
services of a | ||
jury in every civil action not quasi-criminal in its
nature | ||
and not a proceeding for the exercise of the right of | ||
eminent
domain and in every other action wherein the right | ||
of trial by jury
is or may be given by law. The jury fee | ||
shall be paid by the party
demanding a jury at the time of | ||
filing the jury demand. If the fee is
not paid by either | ||
party, no jury shall be called in the action or
proceeding, | ||
and the same shall be tried by the court without a jury.
| ||
(t) Voluntary Assignment.
| ||
For filing each deed of voluntary assignment, a minimum | ||
of $10 and a
maximum of $20; for recording
the same, a | ||
minimum of 25¢ and a maximum of 50¢ for each 100 words.
| ||
Exceptions filed to claims presented
to an assignee of a |
debtor who has made a voluntary assignment for the
benefit | ||
of creditors shall be considered and treated, for the | ||
purpose of
taxing costs therein, as actions in which the | ||
party or parties filing
the exceptions shall be considered | ||
as party or parties plaintiff, and
the claimant or | ||
claimants as party or parties defendant, and those
parties | ||
respectively shall pay to the clerk the same fees
as | ||
provided by this Section to be paid in other actions.
| ||
(u) Expungement Petition.
| ||
The clerk shall be entitled to receive a
fee of a | ||
minimum of $30 and a maximum of $60 for each expungement
| ||
petition filed and an additional fee of a minimum of $2 and | ||
a maximum of
$4 for each certified copy of an order to | ||
expunge arrest records.
| ||
(v) Probate.
| ||
The clerk is entitled to receive the fees specified in | ||
this subsection
(v), which shall be paid in advance, except | ||
that, for good cause shown, the
court may suspend, reduce, | ||
or release the costs payable under this subsection:
| ||
(1) For administration of the estate of a decedent | ||
(whether testate
or intestate) or of a missing person, a | ||
minimum of $100 and a maximum of
$150, plus the fees | ||
specified in
subsection (v)(3), except:
| ||
(A) When the value of the real and personal | ||
property does not exceed
$15,000, the fee shall be a | ||
minimum of $25 and a maximum of $40.
|
(B) When (i) proof of heirship alone is made, (ii) | ||
a domestic or
foreign will is admitted to probate | ||
without administration (including
proof of heirship), | ||
or (iii) letters of office are issued for a particular
| ||
purpose without administration of the estate, the fee | ||
shall be a minimum of
$25 and a maximum of $40.
| ||
(2) For administration of the estate of a ward, a | ||
minimum of $50 and
a maximum of $75,
plus the fees | ||
specified in subsection (v)(3), except:
| ||
(A) When the value of the real and personal | ||
property does not exceed
$15,000, the fee shall be a | ||
minimum of $25 and a maximum of $40.
| ||
(B) When (i) letters of office are issued to a | ||
guardian of the
person or persons, but not of the | ||
estate or (ii) letters of office are
issued in the
| ||
estate of a ward without administration of the estate, | ||
including filing or
joining in the filing of a tax | ||
return or releasing a mortgage or consenting
to the | ||
marriage of the ward, the fee shall be a minimum of $10 | ||
and a
maximum
of $20.
| ||
(3) In addition to the fees payable under subsection | ||
(v)(1) or (v)(2)
of this Section, the following fees are | ||
payable:
| ||
(A) For each account (other than one final account) | ||
filed in the
estate of a decedent, or ward, a minimum | ||
of $15 and a maximum of $25.
|
(B) For filing a claim in an estate when the amount | ||
claimed is $150
or more but less than $500, a minimum | ||
of $10 and a maximum of $20; when
the amount claimed is | ||
$500 or
more but less than $10,000, a minimum of $25 | ||
and a maximum of $40; when
the amount claimed is | ||
$10,000 or more, a minimum of $40 and a maximum of
$60; | ||
provided that the court in allowing a claim may add to | ||
the amount
allowed
the filing fee paid by the claimant.
| ||
(C) For filing in an estate a claim, petition, or | ||
supplemental
proceeding based upon an action seeking | ||
equitable relief including the
construction or contest | ||
of a will, enforcement of a contract to make a
will, | ||
and proceedings involving testamentary trusts or the | ||
appointment of
testamentary trustees, a minimum of $40 | ||
and a maximum of $60.
| ||
(D) For filing in an estate (i) the appearance of | ||
any person for the
purpose of consent or (ii) the | ||
appearance of an executor, administrator,
| ||
administrator to collect, guardian, guardian ad litem, | ||
or special
administrator, no fee.
| ||
(E) Except as provided in subsection (v)(3)(D), | ||
for filing the
appearance of any person or persons, a | ||
minimum of $10 and a maximum of
$30.
| ||
(F) For each jury demand, a minimum of $102.50 and | ||
a maximum of
$137.50.
| ||
(G) For disposition of the collection of a judgment |
or settlement of
an action or claim for wrongful death | ||
of a decedent or of any cause of
action of a ward, when | ||
there is no other administration
of the estate, a | ||
minimum of $30 and a maximum of $50, less any amount
| ||
paid under subsection (v)(1)(B)
or (v)(2)(B) except | ||
that if the amount involved does not exceed
$5,000, the | ||
fee, including any amount paid under subsection | ||
(v)(1)(B) or
(v)(2)(B), shall be a minimum of $10 and a | ||
maximum of $20.
| ||
(H) For each certified copy of letters of office, | ||
of court order or
other certification, a minimum of $1 | ||
and a maximum of $2, plus a
minimum of 50¢ and a | ||
maximum of $1 per page in excess of 3 pages for the
| ||
document certified.
| ||
(I) For each exemplification, a minimum of $1 and a | ||
maximum of
$2, plus the fee for certification.
| ||
(4) The executor, administrator, guardian, petitioner,
| ||
or other interested person or his or her attorney shall pay | ||
the cost of
publication by the clerk directly to the | ||
newspaper.
| ||
(5) The person on whose behalf a charge is incurred for | ||
witness,
court reporter, appraiser, or other miscellaneous | ||
fee shall pay the same
directly to the person entitled | ||
thereto.
| ||
(6) The executor, administrator, guardian, petitioner,
| ||
or other interested person or his attorney shall pay to the |
clerk all
postage charges incurred by the clerk in mailing | ||
petitions, orders,
notices, or other documents pursuant to | ||
the provisions of the Probate Act
of 1975.
| ||
(w) Criminal and Quasi-Criminal Costs and Fees.
| ||
(1) The clerk shall be entitled to costs in all | ||
criminal
and quasi-criminal cases from each person | ||
convicted or sentenced to
supervision therein as follows:
| ||
(A) Felony complaints, a minimum of $80 and a | ||
maximum of $125.
| ||
(B) Misdemeanor complaints, a minimum of $50 and a | ||
maximum of
$75.
| ||
(C) Business offense complaints, a minimum of $50 | ||
and a maximum of
$75.
| ||
(D) Petty offense complaints, a minimum of $50 and | ||
a maximum of
$75.
| ||
(E) Minor traffic or ordinance violations, $20.
| ||
(F) When court appearance required, $30.
| ||
(G) Motions to vacate or amend final orders, a | ||
minimum of $20 and
a maximum of $40.
| ||
(H) Motions to vacate bond forfeiture orders, a | ||
minimum of $20 and
a maximum of $30.
| ||
(I) Motions to vacate ex parte judgments, whenever | ||
filed, a minimum
of $20 and a maximum of $30.
| ||
(J) Motions to vacate judgment on forfeitures, | ||
whenever filed, a
minimum of $20 and a maximum of $25.
| ||
(K) Motions to vacate "failure to appear" or |
"failure to comply"
notices sent to the Secretary of | ||
State, a minimum of $20 and a maximum of
$40.
| ||
(2) In counties having a population of more than | ||
500,000
but fewer
than 3,000,000 inhabitants, when the | ||
violation complaint is issued by a
municipal police | ||
department, the clerk shall be entitled to costs from each
| ||
person convicted therein as follows:
| ||
(A) Minor traffic or ordinance violations, $10.
| ||
(B) When court appearance required, $15.
| ||
(3) In ordinance violation cases punishable by fine | ||
only, the clerk
of the circuit court shall be entitled to | ||
receive, unless the fee is
excused upon a finding by the | ||
court that the defendant is indigent, in
addition to other | ||
fees or costs allowed or imposed by law, the sum of a
| ||
minimum of $50 and a maximum of $112.50
as a fee for the | ||
services of a jury. The jury fee shall be paid by the
| ||
defendant at the time of filing his or her jury demand. If | ||
the fee is not
so paid by the defendant, no jury shall be | ||
called, and the case shall be
tried by the court without a | ||
jury.
| ||
(x) Transcripts of Judgment.
| ||
For the filing of a transcript of judgment, the clerk | ||
shall be entitled
to the same fee as if it were the | ||
commencement of a new suit.
| ||
(y) Change of Venue.
| ||
(1) For the filing of a change of case on a change of |
venue, the clerk
shall be entitled to the same fee as if it | ||
were the commencement of a new suit.
| ||
(2) The fee for the preparation and certification of a | ||
record on a
change of venue to another jurisdiction, when | ||
original documents are
forwarded, a minimum of $25 and a | ||
maximum of $40.
| ||
(z) Tax objection complaints.
| ||
For each tax objection complaint containing one or more | ||
tax
objections, regardless of the number of parcels | ||
involved
or the number of taxpayers joining in the | ||
complaint, a minimum of $25
and a maximum of $50.
| ||
(aa) Tax Deeds.
| ||
(1) Petition for tax deed, if only one parcel is | ||
involved, a minimum
of $150 and a maximum of $250.
| ||
(2) For each additional parcel, add a fee of a minimum | ||
of $50 and a
maximum of $100.
| ||
(bb) Collections.
| ||
(1) For all collections made of others, except the | ||
State and county
and except in maintenance or child support | ||
cases, a sum equal to a minimum
of 2.5% and a maximum of | ||
3.0% of the amount collected and turned over.
| ||
(2) Interest earned on any funds held by the clerk | ||
shall be turned
over to the county general fund as an | ||
earning of the office.
| ||
(3) For any check, draft, or other bank instrument | ||
returned to the clerk
for non-sufficient funds, account |
closed, or payment stopped, $25.
| ||
(4) In child support and maintenance cases, the clerk, | ||
if authorized by an
ordinance of the county board, may | ||
collect an annual fee of up to $36 from
the person making | ||
payment for maintaining child support records and the
| ||
processing of support orders to the State of Illinois KIDS | ||
system and the
recording of payments issued by the State | ||
Disbursement Unit for the official
record of the Court.
| ||
This fee shall be in addition
to and separate from amounts | ||
ordered to be paid as maintenance or child
support and | ||
shall be deposited into a Separate Maintenance and Child | ||
Support
Collection Fund, of which the clerk shall be the | ||
custodian, ex officio ex-officio , to
be used by the clerk | ||
to maintain child support orders and record all payments
| ||
issued by the State Disbursement Unit for the official | ||
record of the Court.
The clerk may recover from the person | ||
making the maintenance or child support
payment any | ||
additional cost incurred in the collection of this annual
| ||
fee.
| ||
The clerk shall also be entitled to a fee of $5 for | ||
certifications made
to the Secretary of State as provided | ||
in Section 7-703 of the Family Financial
Responsibility Law | ||
and these fees shall also be deposited into the Separate
| ||
Maintenance and Child Support Collection Fund.
| ||
(cc) Corrections of Numbers.
| ||
For correction of the case number, case title, or |
attorney computer
identification number, if required by | ||
rule of court, on any document filed
in the clerk's office, | ||
to be charged against the party that filed the
document, a | ||
minimum of $15 and a maximum of $25.
| ||
(dd) Exceptions.
| ||
The fee requirements of this Section shall not apply to | ||
police
departments or other law enforcement agencies. In | ||
this Section, "law
enforcement agency" means an agency of | ||
the State or a unit of local
government which is vested by | ||
law or ordinance with the duty to maintain
public order and | ||
to enforce criminal laws or ordinances. "Law enforcement
| ||
agency" also means the Attorney General or any state's | ||
attorney.
The fee requirements of this Section shall not | ||
apply to any action instituted
under subsection (b) of | ||
Section 11-31-1 of the Illinois Municipal Code by a
private | ||
owner or tenant of real property within 1200 feet of a | ||
dangerous or
unsafe building seeking an order compelling | ||
the owner or owners of the building
to take any of the | ||
actions authorized under that subsection.
| ||
The fee requirements of this Section shall not apply to | ||
the filing of any
commitment petition or petition for an | ||
order authorizing the administration of psychotropic | ||
medication or electroconvulsive therapy under the Mental | ||
Health and
Developmental Disabilities Code.
| ||
(ee) Adoptions.
| ||
(1) For an adoption ...............................$65
|
(2) Upon good cause shown, the court may waive the | ||
adoption filing fee in
a special needs adoption. The term | ||
"special needs adoption" shall have the
meaning ascribed to | ||
it by the Illinois Department of Children and Family
| ||
Services.
| ||
(ff) Adoption exemptions.
| ||
No fee other than that set forth in subsection (ee) | ||
shall be charged to any
person in connection with an | ||
adoption proceeding
nor may any fee be charged
for | ||
proceedings for the
appointment of a confidential | ||
intermediary under the Adoption Act.
| ||
(gg) Unpaid fees.
| ||
Unless a court ordered payment schedule is implemented | ||
or the fee
requirements of this Section are waived pursuant | ||
to court order, the clerk of
the court may add to any | ||
unpaid fees and costs under this Section a delinquency
| ||
amount equal to 5% of the unpaid fees that remain unpaid | ||
after 30 days, 10% of
the unpaid fees that remain unpaid | ||
after 60 days, and 15% of the unpaid fees
that remain | ||
unpaid after 90 days. Notice to those parties may be made | ||
by
signage posting or publication. The additional | ||
delinquency amounts collected under this Section shall
be | ||
used to defray additional administrative costs incurred by | ||
the clerk of the
circuit court in collecting unpaid fees | ||
and costs.
| ||
(Source: P.A. 99-859, eff. 8-19-16; 100-173, eff. 1-1-18; |
revised 10-6-17.)
| ||
Section 560. The Juvenile Court Act of 1987 is amended by | ||
changing Sections 1-3, 1-7, 2-10, 2-28, and 5-915 as follows:
| ||
(705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
| ||
Sec. 1-3. Definitions. Terms used in this Act, unless the | ||
context
otherwise requires, have the following meanings | ||
ascribed to them:
| ||
(1) "Adjudicatory hearing" means a hearing to
determine | ||
whether the allegations of a petition under Section 2-13, 3-15 | ||
or
4-12 that a minor under 18 years of age is abused, neglected | ||
or dependent, or
requires authoritative intervention, or | ||
addicted, respectively, are supported
by a preponderance of the | ||
evidence or whether the allegations of a petition
under Section | ||
5-520 that a minor is delinquent are proved beyond a reasonable
| ||
doubt.
| ||
(2) "Adult" means a person 21 years of age or older.
| ||
(3) "Agency" means a public or private child care facility
| ||
legally authorized or licensed by this State for placement or | ||
institutional
care or for both placement and institutional | ||
care.
| ||
(4) "Association" means any organization, public or
| ||
private, engaged in welfare functions which include services to | ||
or on behalf of
children but does not include "agency" as | ||
herein defined.
|
(4.05) Whenever a "best interest" determination is
| ||
required, the following factors shall be considered in the | ||
context of the
child's age and developmental needs:
| ||
(a) the physical safety and welfare of the child, | ||
including food, shelter,
health, and clothing;
| ||
(b) the development of the child's identity;
| ||
(c) the child's background and ties, including | ||
familial,
cultural, and religious;
| ||
(d) the child's sense of attachments, including:
| ||
(i) where the child actually feels love, | ||
attachment, and a sense of
being valued (as opposed to | ||
where adults believe the child should
feel such love, | ||
attachment, and a sense of being valued);
| ||
(ii) the child's sense of security;
| ||
(iii) the child's sense of familiarity;
| ||
(iv) continuity of affection for the child;
| ||
(v) the least disruptive placement alternative for | ||
the child;
| ||
(e) the child's wishes and long-term goals;
| ||
(f) the child's community ties, including church, | ||
school, and friends;
| ||
(g) the child's need for permanence which includes the | ||
child's need for
stability and continuity of relationships | ||
with parent figures and with siblings
and other relatives;
| ||
(h) the uniqueness of every family and child;
| ||
(i) the risks attendant to entering and being in |
substitute care; and
| ||
(j) the preferences of the persons available to care | ||
for the child.
| ||
(4.1) "Chronic truant" shall have the definition
ascribed | ||
to it in Section 26-2a of the School Code.
| ||
(5) "Court" means the circuit court in a session or | ||
division
assigned to hear proceedings under this Act.
| ||
(6) "Dispositional hearing" means a hearing to
determine | ||
whether a minor should be adjudged to be a ward of the court, | ||
and to
determine what order of disposition should be made in | ||
respect to a minor
adjudged to be a ward of the court.
| ||
(7) "Emancipated minor" means any minor 16 years of age or | ||
over who has
been completely or partially emancipated under the | ||
Emancipation of
Minors Act or
under this Act.
| ||
(7.05) "Foster parent" includes a relative caregiver | ||
selected by the Department of Children and Family Services to | ||
provide care for the minor. | ||
(8) "Guardianship of the person" of a minor
means the duty | ||
and authority to act in the best interests of the minor, | ||
subject
to residual parental rights and responsibilities, to | ||
make important decisions
in matters having a permanent effect | ||
on the life and development of the minor
and to be concerned | ||
with his or her general welfare. It includes but is not
| ||
necessarily limited to:
| ||
(a) the authority to consent to marriage, to enlistment | ||
in the armed
forces of the United States, or to a major |
medical, psychiatric, and
surgical treatment; to represent | ||
the minor in legal actions; and to make
other decisions of | ||
substantial legal significance concerning the minor;
| ||
(b) the authority and duty of reasonable visitation, | ||
except to the
extent that these have been limited in the | ||
best interests of the minor by
court order;
| ||
(c) the rights and responsibilities of legal custody | ||
except where legal
custody has been vested in another | ||
person or agency; and
| ||
(d) the power to consent to the adoption of the minor, | ||
but only if
expressly conferred on the guardian in | ||
accordance with Section 2-29, 3-30, or
4-27.
| ||
(9) "Legal custody" means the relationship created by an
| ||
order of court in the best interests of the minor which imposes | ||
on the
custodian the responsibility of physical possession of a | ||
minor and the duty to
protect, train and discipline him and to | ||
provide him with food, shelter,
education and ordinary medical | ||
care, except as these are limited by residual
parental rights | ||
and responsibilities and the rights and responsibilities of the
| ||
guardian of the person, if any.
| ||
(9.1) "Mentally capable adult relative" means a person 21 | ||
years of age or older who is not suffering from a mental | ||
illness that prevents him or her from providing the care | ||
necessary to safeguard the physical safety and welfare of a | ||
minor who is left in that person's care by the parent or | ||
parents or other person responsible for the minor's welfare. |
(10) "Minor" means a person under the age of 21 years | ||
subject to
this Act.
| ||
(11) "Parent" means a father or mother of a child and
| ||
includes any adoptive parent. It also includes a person (i)
| ||
whose parentage
is presumed or has been established under the | ||
law of this or another
jurisdiction or (ii) who has registered | ||
with the Putative Father Registry in
accordance with Section | ||
12.1 of the Adoption Act and whose paternity has not
been ruled | ||
out under the law of this or another jurisdiction. It does not
| ||
include a
parent whose rights in respect to the
minor have been | ||
terminated in any manner provided by law. It does not include a | ||
person who has been or could be determined to be a parent under | ||
the Illinois Parentage Act of 1984 or the Illinois Parentage | ||
Act of 2015, or similar parentage law in any other state, if | ||
that person has been convicted of or pled nolo contendere to a | ||
crime that resulted in the conception of the child under | ||
Section 11-1.20, 11-1.30, 11-1.40, 11-11, 12-13, 12-14, | ||
12-14.1, subsection (a) or (b) (but not subsection (c)) of | ||
Section 11-1.50 or 12-15, or subsection (a), (b), (c), (e), or | ||
(f) (but not subsection (d)) of Section 11-1.60 or 12-16 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012, or similar | ||
statute in another jurisdiction unless upon motion of any | ||
party, other than the offender, to the juvenile court | ||
proceedings the court finds it is in the child's best interest | ||
to deem the offender a parent for purposes of the juvenile | ||
court proceedings.
|
(11.1) "Permanency goal" means a goal set by the court as | ||
defined in
subdivision (2) of Section 2-28.
| ||
(11.2) "Permanency hearing" means a hearing to set the | ||
permanency goal and
to review and determine (i) the | ||
appropriateness of the services contained in
the plan and | ||
whether those services have been provided, (ii) whether | ||
reasonable
efforts have been made by all the parties to the | ||
service plan to achieve the
goal, and (iii) whether the plan | ||
and goal have been achieved.
| ||
(12) "Petition" means the petition provided for in Section
| ||
2-13, 3-15, 4-12 or 5-520, including any supplemental petitions | ||
thereunder
in Section 3-15, 4-12 or 5-520.
| ||
(12.1) "Physically capable adult relative" means a person | ||
21 years of age or older who does not have a severe physical | ||
disability or medical condition, or is not suffering from | ||
alcoholism or drug addiction, that prevents him or her from | ||
providing the care necessary to safeguard the physical safety | ||
and welfare of a minor who is left in that person's care by the | ||
parent or parents or other person responsible for the minor's | ||
welfare. | ||
(12.2) "Post Permanency Sibling Contact Agreement" has the | ||
meaning ascribed to the term in Section 7.4 of the Children and | ||
Family Services Act. | ||
(12.3) "Residential treatment center" means a licensed | ||
setting that provides 24-hour 24 hour care to children in a | ||
group home or institution, including a facility licensed as a |
child care institution under Section 2.06 of the Child Care Act | ||
of 1969 , a licensed group home under Section 2.16 of the Child | ||
Care Act of 1969 , a secure child care facility as defined in | ||
paragraph (18) of this Section, or any similar facility in | ||
another state. " Residential treatment center " does not include | ||
a relative foster home or a licensed foster family home. | ||
(13) "Residual parental
rights and responsibilities" means | ||
those rights and responsibilities remaining
with the parent | ||
after the transfer of legal custody or guardianship of the
| ||
person, including, but not necessarily limited to, the right to | ||
reasonable
visitation (which may be limited by the court in the | ||
best interests of the
minor as provided in subsection (8)(b) of | ||
this Section), the right to consent
to adoption, the right to | ||
determine the minor's religious affiliation, and the
| ||
responsibility for his support.
| ||
(14) "Shelter" means the temporary care of a minor in
| ||
physically unrestricting facilities pending court disposition | ||
or execution of
court order for placement.
| ||
(14.05) "Shelter placement" means a temporary or emergency | ||
placement for a minor, including an emergency foster home | ||
placement. | ||
(14.1) "Sibling Contact Support Plan" has the meaning | ||
ascribed to the term in Section 7.4 of the Children and Family | ||
Services Act. | ||
(15) "Station adjustment" means the informal
handling of an | ||
alleged offender by a juvenile police officer.
|
(16) "Ward of the court" means a minor who is so
adjudged | ||
under Section 2-22, 3-23, 4-20 or 5-705, after a finding of the
| ||
requisite jurisdictional facts, and thus is subject to the | ||
dispositional powers
of the court under this Act.
| ||
(17) "Juvenile police officer" means a sworn
police officer | ||
who has completed a Basic Recruit Training Course, has been
| ||
assigned to the position of juvenile police officer by his or | ||
her chief law
enforcement officer and has completed the | ||
necessary juvenile officers training
as prescribed by the | ||
Illinois Law Enforcement Training Standards Board, or in
the | ||
case of a State police officer, juvenile officer
training | ||
approved by the Director of the Department of State Police.
| ||
(18) "Secure child care facility" means any child care | ||
facility licensed
by the Department of Children and Family | ||
Services to provide secure living
arrangements for children | ||
under 18 years of age who are subject to placement in
| ||
facilities under the Children and Family Services Act and who | ||
are not subject
to placement in facilities for whom standards | ||
are established by the Department
of Corrections under Section | ||
3-15-2 of the Unified Code of Corrections.
"Secure child care | ||
facility" also means a
facility that is designed and operated | ||
to ensure that all entrances and
exits
from the facility, a | ||
building, or a distinct part of the building are under the
| ||
exclusive control of the staff of the facility, whether or not | ||
the child has
the freedom of movement within the perimeter of | ||
the facility, building, or
distinct part of the building.
|
(Source: P.A. 99-85, eff. 1-1-16; 100-136, eff. 8-8-17; | ||
100-229, eff. 1-1-18; revised 10-10-17.)
| ||
(705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
| ||
Sec. 1-7. Confidentiality of law enforcement and municipal | ||
ordinance violation records.
| ||
(A) All juvenile records which have not been expunged are | ||
sealed and may never be disclosed to the general public or | ||
otherwise made widely available. Sealed records may be obtained | ||
only under this Section and Sections Section 1-8 and 5-915 of | ||
this Act, when their use is needed for good cause and with an | ||
order from the juvenile court, as required by those not | ||
authorized to retain them. Inspection and copying of law | ||
enforcement records maintained by law
enforcement agencies or | ||
records of municipal ordinance violations maintained by any | ||
State, local, or municipal agency that relate to a minor who | ||
has been investigated, arrested, or taken
into custody before | ||
his or her 18th birthday shall be restricted to the
following:
| ||
(1) Any local, State , or federal law enforcement | ||
officers of any
jurisdiction or agency when necessary for | ||
the discharge of their official
duties during the | ||
investigation or prosecution of a crime or relating to a
| ||
minor who has been adjudicated delinquent and there has | ||
been a previous finding
that the act which constitutes the | ||
previous offense was committed in
furtherance of criminal | ||
activities by a criminal street gang, or, when necessary |
for the discharge of its official duties in connection with | ||
a particular investigation of the conduct of a law | ||
enforcement officer, an independent agency or its staff | ||
created by ordinance and charged by a unit of local | ||
government with the duty of investigating the conduct of | ||
law enforcement officers. For purposes of
this Section, | ||
"criminal street gang" has the meaning ascribed to it in
| ||
Section 10 of the Illinois Streetgang Terrorism Omnibus | ||
Prevention Act.
| ||
(2) Prosecutors, probation officers, social workers, | ||
or other
individuals assigned by the court to conduct a | ||
pre-adjudication or
pre-disposition investigation, and | ||
individuals responsible for supervising
or providing | ||
temporary or permanent care and custody for minors pursuant | ||
to
the order of the juvenile court, when essential to | ||
performing their
responsibilities.
| ||
(3) Prosecutors and probation officers:
| ||
(a) in the course of a trial when institution of | ||
criminal proceedings
has been permitted or required | ||
under Section 5-805; or
| ||
(b) when institution of criminal proceedings has | ||
been permitted or required under Section 5-805 and such | ||
minor is the
subject
of a proceeding to determine the | ||
amount of bail; or
| ||
(c) when criminal proceedings have been permitted
| ||
or
required under Section 5-805 and such minor is the |
subject of a
pre-trial
investigation, pre-sentence | ||
investigation, fitness hearing, or proceedings
on an | ||
application for probation.
| ||
(4) Adult and Juvenile Prisoner Review Board.
| ||
(5) Authorized military personnel.
| ||
(6) Persons engaged in bona fide research, with the | ||
permission of the
Presiding Judge of the Juvenile Court and | ||
the chief executive of the respective
law enforcement | ||
agency; provided that publication of such research results
| ||
in no disclosure of a minor's identity and protects the | ||
confidentiality
of the minor's record.
| ||
(7) Department of Children and Family Services child | ||
protection
investigators acting in their official | ||
capacity.
| ||
(8) The appropriate school official only if the agency | ||
or officer believes that there is an imminent threat of | ||
physical harm to students, school personnel, or others who | ||
are present in the school or on school grounds. | ||
(A) Inspection and copying
shall be limited to law | ||
enforcement records transmitted to the appropriate
| ||
school official or officials whom the school has | ||
determined to have a legitimate educational or safety | ||
interest by a local law enforcement agency under a | ||
reciprocal reporting
system established and maintained | ||
between the school district and the local law
| ||
enforcement agency under Section 10-20.14 of the |
School Code concerning a minor
enrolled in a school | ||
within the school district who has been arrested or | ||
taken
into custody for any of the following offenses:
| ||
(i) any violation of Article 24 of the Criminal | ||
Code of
1961 or the Criminal Code of 2012;
| ||
(ii) a violation of the Illinois Controlled | ||
Substances Act;
| ||
(iii) a violation of the Cannabis Control Act;
| ||
(iv) a forcible felony as defined in Section | ||
2-8 of the Criminal Code
of 1961 or the Criminal | ||
Code of 2012; | ||
(v) a violation of the Methamphetamine Control | ||
and Community Protection Act;
| ||
(vi) a violation of Section 1-2 of the | ||
Harassing and Obscene Communications Act; | ||
(vii) a violation of the Hazing Act; or | ||
(viii) a violation of Section 12-1, 12-2, | ||
12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, | ||
12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012. | ||
The information derived from the law enforcement | ||
records shall be kept separate from and shall not | ||
become a part of the official school record of that | ||
child and shall not be a public record. The information | ||
shall be used solely by the appropriate school official | ||
or officials whom the school has determined to have a |
legitimate educational or safety interest to aid in the | ||
proper rehabilitation of the child and to protect the | ||
safety of students and employees in the school. If the | ||
designated law enforcement and school officials deem | ||
it to be in the best interest of the minor, the student | ||
may be referred to in-school or community based social | ||
services if those services are available. | ||
"Rehabilitation services" may include interventions by | ||
school support personnel, evaluation for eligibility | ||
for special education, referrals to community-based | ||
agencies such as youth services, behavioral healthcare | ||
service providers, drug and alcohol prevention or | ||
treatment programs, and other interventions as deemed | ||
appropriate for the student. | ||
(B) Any information provided to appropriate school | ||
officials whom the school has determined to have a | ||
legitimate educational or safety interest by local law | ||
enforcement officials about a minor who is the subject | ||
of a current police investigation that is directly | ||
related to school safety shall consist of oral | ||
information only, and not written law enforcement | ||
records, and shall be used solely by the appropriate | ||
school official or officials to protect the safety of | ||
students and employees in the school and aid in the | ||
proper rehabilitation of the child. The information | ||
derived orally from the local law enforcement |
officials shall be kept separate from and shall not | ||
become a part of the official school record of the | ||
child and shall not be a public record. This limitation | ||
on the use of information about a minor who is the | ||
subject of a current police investigation shall in no | ||
way limit the use of this information by prosecutors in | ||
pursuing criminal charges arising out of the | ||
information disclosed during a police investigation of | ||
the minor. For purposes of this paragraph, | ||
"investigation" means an official systematic inquiry | ||
by a law enforcement agency into actual or suspected | ||
criminal activity. | ||
(9) Mental health professionals on behalf of the | ||
Illinois Department of
Corrections or the Department of | ||
Human Services or prosecutors who are
evaluating, | ||
prosecuting, or investigating a potential or actual | ||
petition
brought
under the Sexually Violent Persons | ||
Commitment Act relating to a person who is
the
subject of | ||
juvenile law enforcement records or the respondent to a | ||
petition
brought under the Sexually Violent Persons | ||
Commitment Act who is the subject of
the
juvenile law | ||
enforcement records sought.
Any records and any | ||
information obtained from those records under this
| ||
paragraph (9) may be used only in sexually violent persons | ||
commitment
proceedings.
| ||
(10) The president of a park district. Inspection and |
copying shall be limited to law enforcement records | ||
transmitted to the president of the park district by the | ||
Illinois State Police under Section 8-23 of the Park | ||
District Code or Section 16a-5 of the Chicago Park District | ||
Act concerning a person who is seeking employment with that | ||
park district and who has been adjudicated a juvenile | ||
delinquent for any of the offenses listed in subsection (c) | ||
of Section 8-23 of the Park District Code or subsection (c) | ||
of Section 16a-5 of the Chicago Park District Act. | ||
(B)(1) Except as provided in paragraph (2), no law | ||
enforcement
officer or other person or agency may knowingly | ||
transmit to the Department of
Corrections or the Department of | ||
State Police or to the Federal
Bureau of Investigation any | ||
fingerprint or photograph relating to a minor who
has been | ||
arrested or taken into custody before his or her 18th birthday,
| ||
unless the court in proceedings under this Act authorizes the | ||
transmission or
enters an order under Section 5-805 permitting | ||
or requiring the
institution of
criminal proceedings.
| ||
(2) Law enforcement officers or other persons or agencies | ||
shall transmit
to the Department of State Police copies of | ||
fingerprints and descriptions
of all minors who have been | ||
arrested or taken into custody before their
18th birthday for | ||
the offense of unlawful use of weapons under Article 24 of
the | ||
Criminal Code of 1961 or the Criminal Code of 2012, a Class X | ||
or Class 1 felony, a forcible felony as
defined in Section 2-8 | ||
of the Criminal Code of 1961 or the Criminal Code of 2012, or a |
Class 2 or greater
felony under the Cannabis Control Act, the | ||
Illinois Controlled Substances Act, the Methamphetamine | ||
Control and Community Protection Act,
or Chapter 4 of the | ||
Illinois Vehicle Code, pursuant to Section 5 of the
Criminal | ||
Identification Act. Information reported to the Department | ||
pursuant
to this Section may be maintained with records that | ||
the Department files
pursuant to Section 2.1 of the Criminal | ||
Identification Act. Nothing in this
Act prohibits a law | ||
enforcement agency from fingerprinting a minor taken into
| ||
custody or arrested before his or her 18th birthday for an | ||
offense other than
those listed in this paragraph (2).
| ||
(C) The records of law enforcement officers, or of an | ||
independent agency created by ordinance and charged by a unit | ||
of local government with the duty of investigating the conduct | ||
of law enforcement officers, concerning all minors under
18 | ||
years of age must be maintained separate from the records of | ||
arrests and
may not be open to public inspection or their | ||
contents disclosed to the
public . For purposes of obtaining | ||
documents under this Section, a civil subpoena is not an order | ||
of the court. | ||
(1) In cases where the law enforcement, or independent | ||
agency, records concern a pending juvenile court case, the | ||
party seeking to inspect the records shall provide actual | ||
notice to the attorney or guardian ad litem of the minor | ||
whose records are sought. | ||
(2) In cases where the records concern a juvenile court |
case that is no longer pending, the party seeking to | ||
inspect the records shall provide actual notice to the | ||
minor or the minor's parent or legal guardian, and the | ||
matter shall be referred to the chief judge presiding over | ||
matters pursuant to this Act. | ||
(3) In determining whether the records should be | ||
available for inspection, the court shall consider the | ||
minor's interest in confidentiality and rehabilitation | ||
over the moving party's interest in obtaining the | ||
information. Any records obtained in violation of this | ||
subsection (C) shall not be admissible in any criminal or | ||
civil proceeding, or operate to disqualify a minor from | ||
subsequently holding public office or securing employment, | ||
or operate as a forfeiture of any public benefit, right, | ||
privilege, or right to receive any license granted by | ||
public authority.
| ||
(D) Nothing contained in subsection (C) of this Section | ||
shall prohibit
the inspection or disclosure to victims and | ||
witnesses of photographs
contained in the records of law | ||
enforcement agencies when the
inspection and disclosure is | ||
conducted in the presence of a law enforcement
officer for the | ||
purpose of the identification or apprehension of any person
| ||
subject to the provisions of this Act or for the investigation | ||
or
prosecution of any crime.
| ||
(E) Law enforcement officers, and personnel of an | ||
independent agency created by ordinance and charged by a unit |
of local government with the duty of investigating the conduct | ||
of law enforcement officers, may not disclose the identity of | ||
any minor
in releasing information to the general public as to | ||
the arrest, investigation
or disposition of any case involving | ||
a minor.
| ||
(F) Nothing contained in this Section shall prohibit law | ||
enforcement
agencies from communicating with each other by | ||
letter, memorandum, teletype or
intelligence alert bulletin or | ||
other means the identity or other relevant
information | ||
pertaining to a person under 18 years of age if there are
| ||
reasonable grounds to believe that the person poses a real and | ||
present danger
to the safety of the public or law enforcement | ||
officers. The information
provided under this subsection (F) | ||
shall remain confidential and shall not
be publicly disclosed, | ||
except as otherwise allowed by law.
| ||
(G) Nothing in this Section shall prohibit the right of a | ||
Civil Service
Commission or appointing authority of any state, | ||
county or municipality
examining the character and fitness of | ||
an applicant for employment with a law
enforcement agency, | ||
correctional institution, or fire department
from obtaining | ||
and examining the
records of any law enforcement agency | ||
relating to any record of the applicant
having been arrested or | ||
taken into custody before the applicant's 18th
birthday.
| ||
(H) The changes made to this Section by Public Act 98-61 | ||
apply to law enforcement records of a minor who has been | ||
arrested or taken into custody on or after January 1, 2014 (the |
effective date of Public Act 98-61). | ||
(I) Willful violation of this Section is a Class C | ||
misdemeanor and each violation is subject to a fine of $1,000. | ||
This subsection (I) shall not apply to the person who is the | ||
subject of the record. | ||
(J) A person convicted of violating this Section is liable | ||
for damages in the amount of $1,000 or actual damages, | ||
whichever is greater. | ||
(Source: P.A. 99-298, eff. 8-6-15; 100-285, eff. 1-1-18; | ||
revised 10-5-17.)
| ||
(705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
| ||
Sec. 2-10. Temporary custody hearing. At the appearance of | ||
the
minor before the court at the temporary custody hearing, | ||
all
witnesses present shall be examined before the court in | ||
relation to any
matter connected with the allegations made in | ||
the petition.
| ||
(1) If the court finds that there is not probable cause to | ||
believe
that the minor is abused, neglected or dependent it | ||
shall release
the minor and dismiss the petition.
| ||
(2) If the court finds that there is probable cause to | ||
believe that
the minor is abused, neglected or dependent, the | ||
court shall state in writing
the factual basis supporting its | ||
finding and the minor, his or her parent,
guardian, custodian | ||
and other persons able to give relevant testimony
shall be | ||
examined before the court. The Department of Children and
|
Family Services shall give testimony concerning indicated | ||
reports of abuse
and neglect, of which they are aware of | ||
through the central registry,
involving the minor's parent, | ||
guardian or custodian. After such
testimony, the court may, | ||
consistent with
the health,
safety and best interests of the | ||
minor,
enter an order that the minor shall be released
upon the | ||
request of parent, guardian or custodian if the parent, | ||
guardian
or custodian appears to take custody. If it is | ||
determined that a parent's, guardian's, or custodian's | ||
compliance with critical services mitigates the necessity for | ||
removal of the minor from his or her home, the court may enter | ||
an Order of Protection setting forth reasonable conditions of | ||
behavior that a parent, guardian, or custodian must observe for | ||
a specified period of time, not to exceed 12 months, without a | ||
violation; provided, however, that the 12-month period shall | ||
begin anew after any violation. "Custodian" includes the | ||
Department of Children and Family Services, if it has been | ||
given custody of the child, or any other agency of the State | ||
which has been given custody or wardship of the child. If it is
| ||
consistent with the health, safety and best interests of the
| ||
minor, the
court may also prescribe shelter care and
order that | ||
the minor be kept in a suitable place designated by the court | ||
or in
a shelter care facility designated by the Department of | ||
Children and Family
Services or a licensed child welfare
| ||
agency; however, on and after January 1, 2015 (the effective | ||
date of Public Act 98-803) and before January 1, 2017, a minor |
charged with a
criminal offense under the Criminal Code of 1961 | ||
or the Criminal Code of 2012 or adjudicated delinquent
shall | ||
not be placed in the custody of or committed to the Department | ||
of
Children and Family Services by any court, except a minor | ||
less than 16
years of age and committed to the Department of | ||
Children and Family Services
under Section 5-710 of this Act or | ||
a minor for whom an independent
basis of
abuse, neglect, or | ||
dependency exists; and on and after January 1, 2017, a minor | ||
charged with a
criminal offense under the Criminal Code of 1961 | ||
or the Criminal Code of 2012 or adjudicated delinquent
shall | ||
not be placed in the custody of or committed to the Department | ||
of
Children and Family Services by any court, except a minor | ||
less than 15 years of age and committed to the Department of | ||
Children and Family Services
under Section 5-710 of this Act or | ||
a minor for whom an independent
basis of
abuse, neglect, or | ||
dependency exists.
An independent basis exists when the | ||
allegations or adjudication of abuse, neglect, or dependency do | ||
not arise from the same facts, incident, or circumstances which | ||
give rise to a charge or adjudication of delinquency.
| ||
In placing the minor, the Department or other
agency shall, | ||
to the extent
compatible with the court's order, comply with | ||
Section 7 of the Children and
Family Services Act.
In | ||
determining
the health, safety and best interests of the minor | ||
to prescribe shelter
care, the court must
find that it is a | ||
matter of immediate and urgent necessity for the safety
and | ||
protection
of the minor or of the person or property of another |
that the minor be placed
in a shelter care facility or that he | ||
or she is likely to flee the jurisdiction
of the court, and | ||
must further find that reasonable efforts have been made or
| ||
that, consistent with the health, safety and best interests of
| ||
the minor, no efforts reasonably can be made to
prevent or | ||
eliminate the necessity of removal of the minor from his or her
| ||
home. The court shall require documentation from the Department | ||
of Children and
Family Services as to the reasonable efforts | ||
that were made to prevent or
eliminate the necessity of removal | ||
of the minor from his or her home or the
reasons why no efforts | ||
reasonably could be made to prevent or eliminate the
necessity | ||
of removal. When a minor is placed in the home of a relative, | ||
the
Department of Children and Family Services shall complete a | ||
preliminary
background review of the members of the minor's | ||
custodian's household in
accordance with Section 4.3 of the | ||
Child Care Act of 1969 within 90 days of
that placement. If the | ||
minor is ordered placed in a shelter care facility of
the | ||
Department of Children and
Family Services or a licensed child | ||
welfare agency, the court shall, upon
request of the | ||
appropriate Department or other agency, appoint the
Department | ||
of Children and Family Services Guardianship Administrator or
| ||
other appropriate agency executive temporary custodian of the | ||
minor and the
court may enter such other orders related to the | ||
temporary custody as it
deems fit and proper, including the | ||
provision of services to the minor or
his family to ameliorate | ||
the causes contributing to the finding of probable
cause or to |
the finding of the existence of immediate and urgent necessity. | ||
Where the Department of Children and Family Services | ||
Guardianship Administrator is appointed as the executive | ||
temporary custodian, the Department of Children and Family | ||
Services shall file with the court and serve on the parties a | ||
parent-child visiting plan, within 10 days, excluding weekends | ||
and holidays, after the appointment. The parent-child visiting | ||
plan shall set out the time and place of visits, the frequency | ||
of visits, the length of visits, who shall be present at the | ||
visits, and where appropriate, the minor's opportunities to | ||
have telephone and mail communication with the parents. | ||
Where the Department of Children and Family Services | ||
Guardianship Administrator is
appointed as the executive | ||
temporary custodian, and when the child has siblings in care,
| ||
the Department of Children and Family Services shall file with | ||
the court and serve on the
parties a sibling placement and | ||
contact plan within 10 days, excluding weekends and
holidays, | ||
after the appointment. The sibling placement and contact plan | ||
shall set forth
whether the siblings are placed together, and | ||
if they are not placed together, what, if any,
efforts are | ||
being made to place them together. If the Department has | ||
determined that it is
not in a child's best interest to be | ||
placed with a sibling, the Department shall document in
the | ||
sibling placement and contact plan the basis for its | ||
determination. For siblings placed
separately, the sibling | ||
placement and contact plan shall set the time and place for |
visits,
the frequency of the visits, the length of visits, who | ||
shall be present for the visits, and
where appropriate, the | ||
child's opportunities to have contact with their siblings in | ||
addition to
in person contact. If the Department determines it | ||
is not in the best interest of a sibling to
have contact with a | ||
sibling, the Department shall document in the sibling placement | ||
and
contact plan the basis for its determination. The sibling | ||
placement and contact plan shall
specify a date for development | ||
of the Sibling Contact Support Plan, under subsection (f) of | ||
Section 7.4 of the Children and Family Services Act, and shall | ||
remain in effect until the Sibling Contact Support Plan is | ||
developed. | ||
For good cause, the court may waive the requirement to file | ||
the parent-child visiting plan or the sibling placement and | ||
contact plan, or extend the time for filing either plan. Any | ||
party may, by motion, request the court to review the | ||
parent-child visiting plan to determine whether it is | ||
reasonably calculated to expeditiously facilitate the | ||
achievement of the permanency goal. A party may, by motion, | ||
request the court to review the parent-child visiting plan or | ||
the sibling placement and contact plan to determine whether it | ||
is consistent with the minor's best interest. The court may | ||
refer the parties to mediation where available. The frequency, | ||
duration, and locations of visitation shall be measured by the | ||
needs of the child and family, and not by the convenience of | ||
Department personnel. Child development principles shall be |
considered by the court in its analysis of how frequent | ||
visitation should be, how long it should last, where it should | ||
take place, and who should be present. If upon motion of the | ||
party to review either plan and after receiving evidence, the | ||
court determines that the parent-child visiting plan is not | ||
reasonably calculated to expeditiously facilitate the | ||
achievement of the permanency goal or that the restrictions | ||
placed on parent-child contact or sibling placement or contact | ||
are contrary to the child's best interests, the court shall put | ||
in writing the factual basis supporting the determination and | ||
enter specific findings based on the evidence. The court shall | ||
enter an order for the Department to implement changes to the | ||
parent-child visiting plan or sibling placement or contact | ||
plan, consistent with the court's findings. At any stage of | ||
proceeding, any party may by motion request the court to enter | ||
any orders necessary to implement the parent-child visiting | ||
plan, sibling placement or contact plan or subsequently | ||
developed Sibling Contact Support Plan. Nothing under this | ||
subsection (2) shall restrict the court from granting | ||
discretionary authority to the Department to increase | ||
opportunities for additional parent-child contacts or sibling | ||
contacts, without further court orders. Nothing in this | ||
subsection (2) shall restrict the Department from immediately | ||
restricting or terminating parent-child contact or sibling | ||
contacts, without either amending the parent-child visiting | ||
plan or the sibling contact plan or obtaining a court order, |
where the Department or its assigns reasonably believe that | ||
continuation of the contact, as set out in the plan, would be | ||
contrary to the child's health, safety, and welfare. The | ||
Department shall file with the court and serve on the parties | ||
any amendments to the plan within 10 days, excluding weekends | ||
and holidays, of the change of the visitation. | ||
Acceptance of services shall not be considered an admission | ||
of any
allegation in a petition made pursuant to this Act, nor | ||
may a referral of
services be considered as evidence in any | ||
proceeding pursuant to this Act,
except where the issue is | ||
whether the Department has made reasonable
efforts to reunite | ||
the family. In making its findings that it is
consistent with | ||
the health, safety and best
interests of the minor to prescribe | ||
shelter care, the court shall state in
writing (i) the factual | ||
basis supporting its findings concerning the
immediate and | ||
urgent necessity for the protection of the minor or of the | ||
person
or property of another and (ii) the factual basis | ||
supporting its findings that
reasonable efforts were made to | ||
prevent or eliminate the removal of the minor
from his or her | ||
home or that no efforts reasonably could be made to prevent or
| ||
eliminate the removal of the minor from his or her home. The
| ||
parents, guardian, custodian, temporary custodian and minor | ||
shall each be
furnished a copy of such written findings. The | ||
temporary custodian shall
maintain a copy of the court order | ||
and written findings in the case record
for the child. The | ||
order together with the court's findings of fact in
support |
thereof shall be entered of record in the court.
| ||
Once the court finds that it is a matter of immediate and | ||
urgent necessity
for the protection of the minor that the minor | ||
be placed in a shelter care
facility, the minor shall not be | ||
returned to the parent, custodian or guardian
until the court | ||
finds that such placement is no longer necessary for the
| ||
protection of the minor.
| ||
If the child is placed in the temporary custody of the | ||
Department of
Children
and Family
Services for his or her | ||
protection, the court shall admonish the parents,
guardian,
| ||
custodian or responsible relative that the parents must | ||
cooperate with the
Department of Children and Family Services, | ||
comply
with the terms of the service plans, and correct the | ||
conditions which require
the child to be in care, or risk | ||
termination of their parental
rights. The court shall ensure, | ||
by inquiring in open court of each parent, guardian, custodian | ||
or responsible relative, that the parent, guardian, custodian | ||
or responsible relative has had the opportunity to provide the | ||
Department with all known names, addresses, and telephone | ||
numbers of each of the minor's living maternal and paternal | ||
adult relatives, including, but not limited to, grandparents, | ||
aunts, uncles, and siblings. The court shall advise the | ||
parents, guardian, custodian or responsible relative to inform | ||
the Department if additional information regarding the minor's | ||
adult relatives becomes available.
| ||
(3) If prior to the shelter care hearing for a minor |
described in Sections
2-3, 2-4, 3-3 and 4-3 the moving party is | ||
unable to serve notice on the
party respondent, the shelter | ||
care hearing may proceed ex parte. A shelter
care order from an | ||
ex parte hearing shall be endorsed with the date and
hour of | ||
issuance and shall be filed with the clerk's office and entered | ||
of
record. The order shall expire after 10 days from the time | ||
it is issued
unless before its expiration it is renewed, at a | ||
hearing upon appearance
of the party respondent, or upon an | ||
affidavit of the moving party as to all
diligent efforts to | ||
notify the party respondent by notice as herein
prescribed. The | ||
notice prescribed shall be in writing and shall be
personally | ||
delivered to the minor or the minor's attorney and to the last
| ||
known address of the other person or persons entitled to | ||
notice. The
notice shall also state the nature of the | ||
allegations, the nature of the
order sought by the State, | ||
including whether temporary custody is sought,
and the | ||
consequences of failure to appear and shall contain a notice
| ||
that the parties will not be entitled to further written | ||
notices or publication
notices of proceedings in this case, | ||
including the filing of an amended
petition or a motion to | ||
terminate parental rights, except as required by
Supreme Court | ||
Rule 11; and shall explain the
right of
the parties and the | ||
procedures to vacate or modify a shelter care order as
provided | ||
in this Section. The notice for a shelter care hearing shall be
| ||
substantially as follows:
| ||
NOTICE TO PARENTS AND CHILDREN
|
OF SHELTER CARE HEARING
| ||
On ................ at ........., before the Honorable | ||
................,
(address:) ................., the State | ||
of Illinois will present evidence
(1) that (name of child | ||
or children) ....................... are abused,
neglected | ||
or dependent for the following reasons:
| ||
..............................................
and (2) | ||
whether there is "immediate and urgent necessity" to remove | ||
the child
or children from the responsible relative.
| ||
YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN | ||
PLACEMENT of the
child or children in foster care until a | ||
trial can be held. A trial may
not be held for up to 90 | ||
days. You will not be entitled to further notices
of | ||
proceedings in this case, including the filing of an | ||
amended petition or a
motion to terminate parental rights.
| ||
At the shelter care hearing, parents have the following | ||
rights:
| ||
1. To ask the court to appoint a lawyer if they | ||
cannot afford one.
| ||
2. To ask the court to continue the hearing to | ||
allow them time to
prepare.
| ||
3. To present evidence concerning:
| ||
a. Whether or not the child or children were | ||
abused, neglected
or dependent.
| ||
b. Whether or not there is "immediate and | ||
urgent necessity" to remove
the child from home |
(including: their ability to care for the child,
| ||
conditions in the home, alternative means of | ||
protecting the child other
than removal).
| ||
c. The best interests of the child.
| ||
4. To cross examine the State's witnesses.
| ||
The Notice for rehearings shall be substantially as | ||
follows:
| ||
NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
| ||
TO REHEARING ON TEMPORARY CUSTODY
| ||
If you were not present at and did not have adequate | ||
notice of the
Shelter Care Hearing at which temporary | ||
custody of ............... was
awarded to | ||
................, you have the right to request a full | ||
rehearing
on whether the State should have temporary | ||
custody of ................. To
request this rehearing, | ||
you must file with the Clerk of the Juvenile Court
| ||
(address): ........................, in person or by | ||
mailing a statement
(affidavit) setting forth the | ||
following:
| ||
1. That you were not present at the shelter care | ||
hearing.
| ||
2. That you did not get adequate notice (explaining | ||
how the notice
was inadequate).
| ||
3. Your signature.
| ||
4. Signature must be notarized.
|
The rehearing should be scheduled within 48 hours of | ||
your filing this
affidavit.
| ||
At the rehearing, your rights are the same as at the | ||
initial shelter care
hearing. The enclosed notice explains | ||
those rights.
| ||
At the Shelter Care Hearing, children have the | ||
following rights:
| ||
1. To have a guardian ad litem appointed.
| ||
2. To be declared competent as a witness and to | ||
present testimony
concerning:
| ||
a. Whether they are abused, neglected or | ||
dependent.
| ||
b. Whether there is "immediate and urgent | ||
necessity" to be
removed from home.
| ||
c. Their best interests.
| ||
3. To cross examine witnesses for other parties.
| ||
4. To obtain an explanation of any proceedings and | ||
orders of the
court.
| ||
(4) If the parent, guardian, legal custodian, responsible | ||
relative,
minor age 8 or over, or counsel of the minor did not | ||
have actual notice of
or was not present at the shelter care | ||
hearing, he or she may file an
affidavit setting forth these | ||
facts, and the clerk shall set the matter for
rehearing not | ||
later than 48 hours, excluding Sundays and legal holidays,
| ||
after the filing of the affidavit. At the rehearing, the court | ||
shall
proceed in the same manner as upon the original hearing.
|
(5) Only when there is reasonable cause to believe that the | ||
minor
taken into custody is a person described in subsection | ||
(3) of Section
5-105 may the minor be
kept or detained in a | ||
detention home or county or municipal jail. This
Section shall | ||
in no way be construed to limit subsection (6).
| ||
(6) No minor under 16 years of age may be confined in a | ||
jail or place
ordinarily used for the confinement of prisoners | ||
in a police station. Minors
under 18 years of age must be kept | ||
separate from confined adults and may
not at any time be kept | ||
in the same cell, room, or yard with adults confined
pursuant | ||
to the criminal law.
| ||
(7) If the minor is not brought before a judicial officer | ||
within the
time period as specified in Section 2-9, the minor | ||
must immediately be
released from custody.
| ||
(8) If neither the parent, guardian or custodian appears | ||
within 24
hours to take custody of a minor released upon | ||
request pursuant to
subsection (2) of this Section, then the | ||
clerk of the court shall set the
matter for rehearing not later | ||
than 7 days after the original order and
shall issue a summons | ||
directed to the parent, guardian or custodian to
appear. At the | ||
same time the probation department shall prepare a report
on | ||
the minor. If a parent, guardian or custodian does not appear | ||
at such
rehearing, the judge may enter an order prescribing | ||
that the minor be kept
in a suitable place designated by the | ||
Department of Children and Family
Services or a licensed child | ||
welfare agency.
|
(9) Notwithstanding any other provision of this
Section any | ||
interested party, including the State, the temporary
| ||
custodian, an agency providing services to the minor or family | ||
under a
service plan pursuant to Section 8.2 of the Abused and | ||
Neglected Child
Reporting Act, foster parent, or any of their | ||
representatives, on notice
to all parties entitled to notice, | ||
may file a motion that it is in the best
interests of the minor | ||
to modify or vacate a
temporary custody order on any of the | ||
following grounds:
| ||
(a) It is no longer a matter of immediate and urgent | ||
necessity that the
minor remain in shelter care; or
| ||
(b) There is a material change in the circumstances of | ||
the natural
family from which the minor was removed and the | ||
child can be cared for at
home without endangering the | ||
child's health or safety; or
| ||
(c) A person not a party to the alleged abuse, neglect | ||
or dependency,
including a parent, relative or legal | ||
guardian, is capable of assuming
temporary custody of the | ||
minor; or
| ||
(d) Services provided by the Department of Children and | ||
Family Services
or a child welfare agency or other service | ||
provider have been successful in
eliminating the need for | ||
temporary custody and the child can be cared for at
home | ||
without endangering the child's health or safety.
| ||
In ruling on the motion, the court shall determine whether | ||
it is consistent
with the health, safety and best interests of |
the minor to modify
or vacate a temporary custody order.
| ||
The clerk shall set the matter for hearing not later than | ||
14 days after
such motion is filed. In the event that the court | ||
modifies or vacates a
temporary custody order but does not | ||
vacate its finding of probable cause,
the court may order that | ||
appropriate services be continued or initiated in
behalf of the | ||
minor and his or her family.
| ||
(10) When the court finds or has found that there is | ||
probable cause to
believe a minor is an abused minor as | ||
described in subsection (2) of Section
2-3
and that there is an | ||
immediate and urgent necessity for the abused minor to be
| ||
placed in shelter care, immediate and urgent necessity shall be | ||
presumed for
any other minor residing in the same household as | ||
the abused minor provided:
| ||
(a) Such other minor is the subject of an abuse or | ||
neglect petition
pending before the court; and
| ||
(b) A party to the petition is seeking shelter care for | ||
such other minor.
| ||
Once the presumption of immediate and urgent necessity has | ||
been raised, the
burden of demonstrating the lack of immediate | ||
and urgent necessity shall be on
any party that is opposing | ||
shelter care for the other minor.
| ||
(11) The changes made to this Section by Public Act 98-61 | ||
apply to a minor who has been
arrested or taken into custody on | ||
or after January 1, 2014 (the effective date
of Public Act | ||
98-61). |
(Source: P.A. 99-625, eff. 1-1-17; 99-642, eff. 7-28-16; | ||
100-159, eff. 8-18-17; revised 10-5-17.)
| ||
(705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
| ||
Sec. 2-28. Court review.
| ||
(1) The court may require any legal custodian or guardian | ||
of the person
appointed under this Act to report periodically | ||
to the court or may cite
him into court and require him or his | ||
agency, to make a full and
accurate report of his or its doings | ||
in behalf of the minor. The
custodian or guardian, within 10 | ||
days after such citation, or earlier if the court determines it | ||
to be necessary to protect the health, safety, or welfare of | ||
the minor, shall make
the report, either in writing verified by | ||
affidavit or orally under oath
in open court, or otherwise as | ||
the court directs. Upon the hearing of
the report the court may | ||
remove the custodian or guardian and appoint
another in his | ||
stead or restore the minor to the custody of his parents
or | ||
former guardian or custodian. However, custody of the minor | ||
shall
not be restored to any parent, guardian or legal | ||
custodian in any case
in which the minor is found to be | ||
neglected or abused under Section 2-3 or
dependent under | ||
Section 2-4 of this
Act, unless the minor can be cared for at | ||
home without endangering the
minor's health or safety and it is | ||
in the best interests of the minor, and
if such neglect,
abuse, | ||
or dependency is found by the court under paragraph (1)
of | ||
Section 2-21 of
this Act to have come about due to the acts or |
omissions or both of such
parent, guardian
or legal custodian, | ||
until such time as an investigation is made as provided in
| ||
paragraph (5) and a hearing is held on the issue of the fitness | ||
of such parent,
guardian or legal custodian to care for the | ||
minor and the court enters an order
that such parent, guardian | ||
or legal custodian is fit to care for the minor.
| ||
(1.5) The public agency that is the custodian or guardian | ||
of the minor shall file a written report with the court no | ||
later than 15 days after a minor in the agency's care remains: | ||
(1) in a shelter placement beyond 30 days; | ||
(2) in a psychiatric hospital past the time when the | ||
minor is clinically ready for discharge or beyond medical | ||
necessity for the minor's health; or | ||
(3) in a detention center or Department of Juvenile | ||
Justice facility solely because the public agency cannot | ||
find an appropriate placement for the minor. | ||
The report shall explain the steps the agency is taking to | ||
ensure the minor is placed appropriately, how the minor's needs | ||
are being met in the minor's shelter placement, and if a future | ||
placement has been identified by the Department, why the | ||
anticipated placement is appropriate for the needs of the minor | ||
and the anticipated placement date. | ||
(2) The first permanency hearing shall be
conducted by the | ||
judge. Subsequent permanency hearings may be
heard by a judge | ||
or by hearing officers appointed or approved by the court in
| ||
the manner set forth in Section 2-28.1 of this Act.
The initial |
hearing shall be held (a) within 12 months from the date
| ||
temporary
custody was taken, regardless of whether an | ||
adjudication or dispositional hearing has been completed | ||
within that time frame, (b) if the parental rights of both | ||
parents have been
terminated in accordance with the procedure | ||
described in subsection (5) of
Section 2-21, within
30 days of | ||
the order for termination of parental rights and appointment of
| ||
a guardian with power to consent to adoption, or (c) in | ||
accordance with
subsection
(2) of Section 2-13.1. Subsequent | ||
permanency hearings
shall be held every 6 months
or more | ||
frequently if necessary in the court's determination following | ||
the
initial permanency hearing, in accordance with the | ||
standards set forth in this
Section, until the court determines | ||
that the plan and goal have been achieved.
Once the plan and | ||
goal have been achieved, if the minor remains in substitute
| ||
care, the case shall be reviewed at least every 6 months | ||
thereafter, subject to
the provisions of this Section, unless | ||
the minor is placed in the guardianship
of a suitable relative | ||
or other person and the court determines that further
| ||
monitoring by the court does not further the health, safety or | ||
best interest of
the child and that this is a stable permanent | ||
placement.
The permanency hearings must occur within the time | ||
frames set forth in this
subsection and may not be delayed in | ||
anticipation of a report from any source or due to the agency's | ||
failure to timely file its written report (this
written report | ||
means the one required under the next paragraph and does not
|
mean the service plan also referred to in that paragraph).
| ||
The public agency that is the custodian or guardian of the | ||
minor, or another
agency responsible for the minor's care, | ||
shall ensure that all parties to the
permanency hearings are | ||
provided a copy of the most recent
service plan prepared within | ||
the prior 6 months
at least 14 days in advance of the hearing. | ||
If not contained in the agency's service plan, the
agency shall | ||
also include a report setting forth (i) any special
physical, | ||
psychological, educational, medical, emotional, or other needs | ||
of the
minor or his or her family that are relevant to a | ||
permanency or placement
determination and (ii) for any minor | ||
age 16 or over, a written description of
the programs and | ||
services that will enable the minor to prepare for independent
| ||
living. If not contained in the agency's service plan, the | ||
agency's report shall specify if a minor is placed in a | ||
licensed child care facility under a corrective plan by the | ||
Department due to concerns impacting the minor's safety and | ||
well-being. The report shall explain the steps the Department | ||
is taking to ensure the safety and well-being of the minor and | ||
that the minor's needs are met in the facility. The agency's | ||
written report must detail what progress or lack of
progress | ||
the parent has made in correcting the conditions requiring the | ||
child
to be in care; whether the child can be returned home | ||
without jeopardizing the
child's health, safety, and welfare, | ||
and if not, what permanency goal is
recommended to be in the | ||
best interests of the child, and why the other
permanency goals |
are not appropriate. The caseworker must appear and testify
at | ||
the permanency hearing. If a permanency hearing has not | ||
previously been
scheduled by the court, the moving party shall | ||
move for the setting of a
permanency hearing and the entry of | ||
an order within the time frames set forth
in this subsection.
| ||
At the permanency hearing, the court shall determine the | ||
future status
of the child. The court shall set one of the | ||
following permanency goals:
| ||
(A) The minor will be returned home by a specific date | ||
within 5
months.
| ||
(B) The minor will be in short-term care with a
| ||
continued goal to return home within a period not to exceed | ||
one
year, where the progress of the parent or parents is | ||
substantial giving
particular consideration to the age and | ||
individual needs of the minor.
| ||
(B-1) The minor will be in short-term care with a | ||
continued goal to return
home pending a status hearing. | ||
When the court finds that a parent has not made
reasonable | ||
efforts or reasonable progress to date, the court shall | ||
identify
what actions the parent and the Department must | ||
take in order to justify a
finding of reasonable efforts or | ||
reasonable progress and shall set a status
hearing to be | ||
held not earlier than 9 months from the date of | ||
adjudication nor
later than 11 months from the date of | ||
adjudication during which the parent's
progress will again | ||
be reviewed.
|
(C) The minor will be in substitute care pending court
| ||
determination on termination of parental rights.
| ||
(D) Adoption, provided that parental rights have been | ||
terminated or
relinquished.
| ||
(E) The guardianship of the minor will be transferred | ||
to an individual or
couple on a permanent basis provided | ||
that goals (A) through (D) have
been ruled out.
| ||
(F) The minor over age 15 will be in substitute care | ||
pending
independence.
| ||
(G) The minor will be in substitute care because he or | ||
she cannot be
provided for in a home environment due to | ||
developmental
disabilities or mental illness or because he | ||
or she is a danger to self or
others, provided that goals | ||
(A) through (D) have been ruled out.
| ||
In selecting any permanency goal, the court shall indicate | ||
in writing the
reasons the goal was selected and why the | ||
preceding goals were ruled out.
Where the court has selected a | ||
permanency goal other than (A), (B), or (B-1),
the
Department | ||
of Children and Family Services shall not provide further
| ||
reunification services, but shall provide services
consistent | ||
with the goal
selected.
| ||
(H) Notwithstanding any other provision in this | ||
Section, the court may select the goal of continuing foster | ||
care as a permanency goal if: | ||
(1) The Department of Children and Family Services | ||
has custody and guardianship of the minor; |
(2) The court has ruled out all other permanency | ||
goals based on the child's best interest;
| ||
(3) The court has found compelling reasons, based | ||
on written documentation reviewed by the court, to | ||
place the minor in continuing foster care. Compelling | ||
reasons include:
| ||
(a) the child does not wish to be adopted or to | ||
be placed in the guardianship of his or her | ||
relative or foster care placement;
| ||
(b) the child exhibits an extreme level of need | ||
such that the removal of the child from his or her | ||
placement would be detrimental to the child; or
| ||
(c) the child who is the subject of the | ||
permanency hearing has existing close and strong | ||
bonds with a sibling, and achievement of another | ||
permanency goal would substantially interfere with | ||
the subject child's sibling relationship, taking | ||
into consideration the nature and extent of the | ||
relationship, and whether ongoing contact is in | ||
the subject child's best interest, including | ||
long-term emotional interest, as compared with the | ||
legal and emotional benefit of permanence;
| ||
(4) The child has lived with the relative or foster | ||
parent for at least one year; and
| ||
(5) The relative or foster parent currently caring | ||
for the child is willing and capable of providing the |
child with a stable and permanent environment. | ||
The court shall set a
permanency
goal that is in the best | ||
interest of the child. In determining that goal, the court | ||
shall consult with the minor in an age-appropriate manner | ||
regarding the proposed permanency or transition plan for the | ||
minor. The court's determination
shall include the following | ||
factors:
| ||
(1) Age of the child.
| ||
(2) Options available for permanence, including both | ||
out-of-State and in-State placement options.
| ||
(3) Current placement of the child and the intent of | ||
the family regarding
adoption.
| ||
(4) Emotional, physical, and mental status or | ||
condition of the child.
| ||
(5) Types of services previously offered and whether or | ||
not
the services were successful and, if not successful, | ||
the reasons the services
failed.
| ||
(6) Availability of services currently needed and | ||
whether the services
exist.
| ||
(7) Status of siblings of the minor.
| ||
The court shall consider (i) the permanency goal contained | ||
in the service
plan, (ii) the appropriateness of the
services | ||
contained in the plan and whether those services have been
| ||
provided, (iii) whether reasonable efforts have been made by | ||
all
the parties to the service plan to achieve the goal, and | ||
(iv) whether the plan
and goal have been achieved. All evidence
|
relevant to determining these questions, including oral and | ||
written reports,
may be admitted and may be relied on to the | ||
extent of their probative value.
| ||
The court shall make findings as to whether, in violation | ||
of Section 8.2 of the Abused and Neglected Child Reporting Act, | ||
any portion of the service plan compels a child or parent to | ||
engage in any activity or refrain from any activity that is not | ||
reasonably related to remedying a condition or conditions that | ||
gave rise or which could give rise to any finding of child | ||
abuse or neglect. The services contained in the service plan | ||
shall include services reasonably related to remedy the | ||
conditions that gave rise to removal of the child from the home | ||
of his or her parents, guardian, or legal custodian or that the | ||
court has found must be remedied prior to returning the child | ||
home. Any tasks the court requires of the parents, guardian, or | ||
legal custodian or child prior to returning the child home, | ||
must be reasonably related to remedying a condition or | ||
conditions that gave rise to or which could give rise to any | ||
finding of child abuse or neglect. | ||
If the permanency goal is to return home, the court shall | ||
make findings that identify any problems that are causing | ||
continued placement of the children away from the home and | ||
identify what outcomes would be considered a resolution to | ||
these problems. The court shall explain to the parents that | ||
these findings are based on the information that the court has | ||
at that time and may be revised, should additional evidence be |
presented to the court. | ||
The court shall review the Sibling Contact Support Plan | ||
developed or modified under subsection (f) of Section 7.4 of | ||
the Children and Family Services Act, if applicable. If the | ||
Department has not convened a meeting to
develop or modify a | ||
Sibling Contact Support Plan, or if the court finds that the | ||
existing Plan
is not in the child's best interest, the court | ||
may enter an order requiring the Department to
develop, modify | ||
or implement a Sibling Contact Support Plan, or order | ||
mediation. | ||
If the goal has been achieved, the court shall enter orders | ||
that are
necessary to conform the minor's legal custody and | ||
status to those findings.
| ||
If, after receiving evidence, the court determines that the | ||
services
contained in the plan are not reasonably calculated to | ||
facilitate achievement
of the permanency goal, the court shall | ||
put in writing the factual basis
supporting the determination | ||
and enter specific findings based on the evidence.
The court | ||
also shall enter an order for the Department to develop and
| ||
implement a new service plan or to implement changes to the | ||
current service
plan consistent with the court's findings. The | ||
new service plan shall be filed
with the court and served on | ||
all parties within 45 days of the date of the
order. The court | ||
shall continue the matter until the new service plan is
filed. | ||
Except as authorized by subsection (2.5) of this Section and as | ||
otherwise specifically authorized by law, the court is not |
empowered under this Section to order specific placements, | ||
specific services, or specific service providers to be included | ||
in the service plan.
| ||
A guardian or custodian appointed by the court pursuant to | ||
this Act shall
file updated case plans with the court every 6 | ||
months.
| ||
Rights of wards of the court under this Act are enforceable | ||
against
any public agency by complaints for relief by mandamus | ||
filed in any
proceedings brought under this Act.
| ||
(2.5) If, after reviewing the evidence, including evidence | ||
from the Department, the court determines that the minor's | ||
current or planned placement is not necessary or appropriate to | ||
facilitate achievement of the permanency goal, the court shall | ||
put in writing the factual basis supporting its determination | ||
and enter specific findings based on the evidence. If the court | ||
finds that the minor's current or planned placement is not | ||
necessary or appropriate, the court may enter an order | ||
directing the Department to implement a recommendation by the | ||
minor's treating clinician or a clinician contracted by the | ||
Department to evaluate the minor or a recommendation made by | ||
the Department. If the Department places a minor in a placement | ||
under an order entered under this subsection (2.5), the | ||
Department has the authority to remove the minor from that | ||
placement when a change in circumstances necessitates the | ||
removal to protect the minor's health, safety, and best | ||
interest. If the Department determines removal is necessary, |
the Department shall notify the parties of the planned | ||
placement change in writing no later than 10 days prior to the | ||
implementation of its determination unless remaining in the | ||
placement poses an imminent risk of harm to the minor, in which | ||
case the Department shall notify the parties of the placement | ||
change in writing immediately following the implementation of | ||
its decision. The Department shall notify others of the | ||
decision to change the minor's placement as required by | ||
Department rule. | ||
(3) Following the permanency hearing, the court shall enter | ||
a written order
that includes the determinations required under | ||
subsection (2) of this
Section and sets forth the following:
| ||
(a) The future status of the minor, including the | ||
permanency goal, and
any order necessary to conform the | ||
minor's legal custody and status to such
determination; or
| ||
(b) If the permanency goal of the minor cannot be | ||
achieved immediately,
the specific reasons for continuing | ||
the minor in the care of the Department of
Children and | ||
Family Services or other agency for short term placement, | ||
and the
following determinations:
| ||
(i) (Blank).
| ||
(ii) Whether the services required by the court
and | ||
by any service plan prepared within the prior 6 months
| ||
have been provided and (A) if so, whether the services | ||
were reasonably
calculated to facilitate the | ||
achievement of the permanency goal or (B) if not
|
provided, why the services were not provided.
| ||
(iii) Whether the minor's current or planned | ||
placement current or planned is necessary, and | ||
appropriate to the
plan and goal, recognizing the right | ||
of minors to the least restrictive (most
family-like) | ||
setting available and in close proximity to the | ||
parents' home
consistent with the health, safety, best | ||
interest and special needs of the
minor and, if the | ||
minor is placed out-of-State, whether the out-of-State
| ||
placement continues to be appropriate and consistent | ||
with the health, safety,
and best interest of the | ||
minor.
| ||
(iv) (Blank).
| ||
(v) (Blank).
| ||
(4) The minor or any person interested in the minor may | ||
apply to the
court for a change in custody of the minor and the | ||
appointment of a new
custodian or guardian of the person or for | ||
the restoration of the minor
to the custody of his parents or | ||
former guardian or custodian.
| ||
When return home is not selected as the permanency goal:
| ||
(a) The Department, the minor, or the current
foster | ||
parent or relative
caregiver seeking private guardianship | ||
may file a motion for private
guardianship of the minor. | ||
Appointment of a guardian under this Section
requires | ||
approval of the court.
| ||
(b) The State's Attorney may file a motion to terminate |
parental rights of
any parent who has failed to make | ||
reasonable efforts to correct the conditions
which led to | ||
the removal of the child or reasonable progress toward the | ||
return
of the child, as defined in subdivision (D)(m) of | ||
Section 1 of the Adoption Act
or for whom any other | ||
unfitness ground for terminating parental rights as
| ||
defined in subdivision (D) of Section 1 of the Adoption Act | ||
exists. | ||
When parental rights have been terminated for a minimum | ||
of 3 years and the child who is the subject of the | ||
permanency hearing is 13 years old or older and is not | ||
currently placed in a placement likely to achieve | ||
permanency, the Department of
Children and Family Services | ||
shall make reasonable efforts to locate parents whose | ||
rights have been terminated, except when the Court | ||
determines that those efforts would be futile or | ||
inconsistent with the subject child's best interests. The | ||
Department of
Children and Family Services shall assess the | ||
appropriateness of the parent whose rights have been | ||
terminated, and shall, as appropriate, foster and support | ||
connections between the parent whose rights have been | ||
terminated and the youth. The Department of
Children and | ||
Family Services shall document its determinations and | ||
efforts to foster connections in the child's case plan.
| ||
Custody of the minor shall not be restored to any parent, | ||
guardian or legal
custodian in any case in which the minor is |
found to be neglected or abused
under Section 2-3 or dependent | ||
under Section 2-4 of this Act, unless the
minor can be cared | ||
for at home
without endangering his or her health or safety and | ||
it is in the best
interest of the minor,
and if such neglect, | ||
abuse, or dependency is found by the court
under paragraph (1) | ||
of Section 2-21 of this Act to have come
about due to the acts | ||
or omissions or both of such parent, guardian or legal
| ||
custodian, until such time as an investigation is made as | ||
provided in
paragraph (5) and a hearing is held on the issue of | ||
the health,
safety and
best interest of the minor and the | ||
fitness of such
parent, guardian or legal custodian to care for | ||
the minor and the court
enters an order that such parent, | ||
guardian or legal custodian is fit to
care for the minor. In | ||
the event that the minor has attained 18 years
of age and the | ||
guardian or custodian petitions the court for an order
| ||
terminating his guardianship or custody, guardianship or | ||
custody shall
terminate automatically 30 days after the receipt | ||
of the petition unless
the court orders otherwise. No legal | ||
custodian or guardian of the
person may be removed without his | ||
consent until given notice and an
opportunity to be heard by | ||
the court.
| ||
When the court orders a child restored to the custody of | ||
the parent or
parents, the court shall order the parent or | ||
parents to cooperate with the
Department of Children and Family | ||
Services and comply with the terms of an
after-care plan, or | ||
risk the loss of custody of the child and possible
termination |
of their parental rights. The court may also enter an order of
| ||
protective supervision in accordance with Section 2-24.
| ||
(5) Whenever a parent, guardian, or legal custodian files a | ||
motion for
restoration of custody of the minor, and the minor | ||
was adjudicated
neglected, abused, or dependent as a result of | ||
physical abuse,
the court shall cause to be
made an | ||
investigation as to whether the movant has ever been charged
| ||
with or convicted of any criminal offense which would indicate | ||
the
likelihood of any further physical abuse to the minor. | ||
Evidence of such
criminal convictions shall be taken into | ||
account in determining whether the
minor can be cared for at | ||
home without endangering his or her health or safety
and | ||
fitness of the parent, guardian, or legal custodian.
| ||
(a) Any agency of this State or any subdivision thereof | ||
shall
co-operate with the agent of the court in providing | ||
any information
sought in the investigation.
| ||
(b) The information derived from the investigation and | ||
any
conclusions or recommendations derived from the | ||
information shall be
provided to the parent, guardian, or | ||
legal custodian seeking restoration
of custody prior to the | ||
hearing on fitness and the movant shall have
an opportunity | ||
at the hearing to refute the information or contest its
| ||
significance.
| ||
(c) All information obtained from any investigation | ||
shall be confidential
as provided in Section 5-150 of this | ||
Act.
|
(Source: P.A. 100-45, eff. 8-11-17; 100-136, eff. 8-18-17; | ||
100-229, eff. 1-1-18; revised 10-10-17.)
| ||
(705 ILCS 405/5-915)
| ||
Sec. 5-915. Expungement of juvenile law enforcement and | ||
court records.
| ||
(0.05) For purposes of this Section : | ||
"Dissemination" or "disseminate" means to publish, | ||
produce, print, manufacture, distribute, sell, lease, | ||
exhibit, broadcast, display, transmit, or otherwise share | ||
information in any format so as to make the information | ||
accessible to others. | ||
"Expunge" means to physically destroy the records and | ||
to obliterate the minor's name and juvenile court records | ||
from any official index, public record, or electronic | ||
database. No evidence of the juvenile court records may be | ||
retained by any law enforcement agency, the juvenile court, | ||
or by any municipal, county, or State agency or department. | ||
Nothing in this Act shall require the physical destruction | ||
of the internal office records, files, or databases | ||
maintained by a State's Attorney's Office or other | ||
prosecutor or by the Office of the Secretary of State. | ||
"Juvenile court record" includes, but is not limited | ||
to: | ||
(a) all documents filed in or maintained by the | ||
juvenile court pertaining to a specific incident, |
proceeding, or individual; | ||
(b) all documents relating to a specific incident, | ||
proceeding, or individual made available to or maintained | ||
by probation officers; | ||
(c) all documents, video or audio tapes, | ||
photographs, and exhibits admitted into evidence at | ||
juvenile court hearings; or | ||
(d) all documents, transcripts, records, reports | ||
or other evidence prepared by, maintained by, or released | ||
by any municipal, county, or State state agency or | ||
department, in any format, if indicating involvement with | ||
the juvenile court relating to a specific incident, | ||
proceeding, or individual. | ||
"Law enforcement record" includes , but is not limited | ||
to , records of arrest, station adjustments, fingerprints, | ||
probation adjustments, the issuance of a notice to appear, | ||
or any other records or documents maintained by any law | ||
enforcement agency relating to a minor suspected of | ||
committing an offense or evidence of interaction with law | ||
enforcement. | ||
(0.1) (a) The Department of State Police and all law | ||
enforcement agencies within the State shall automatically | ||
expunge, on or before January 1 of each year, all law | ||
enforcement records relating to events occurring before an | ||
individual's 18th birthday if: | ||
(1) one year or more has elapsed since the date of the |
arrest or law enforcement interaction documented in the | ||
records; | ||
(2) no petition for delinquency or criminal charges | ||
were filed with the clerk of the circuit court relating to | ||
the arrest or law enforcement interaction documented in the | ||
records; and | ||
(3) 6 months have elapsed without an additional | ||
subsequent arrest or filing of a petition for delinquency | ||
or criminal charges whether related or not to the arrest or | ||
law enforcement interaction documented in the records. | ||
(b) If the law enforcement agency is unable to verify | ||
satisfaction of conditions (2) and (3) of this subsection | ||
(0.1), records that satisfy condition (1) of this subsection | ||
(0.1) shall be automatically expunged if the records relate to | ||
an offense that if committed by an adult would not be an | ||
offense classified as Class 2 felony or higher, an offense | ||
under Article 11 of the Criminal Code of 1961 or Criminal Code | ||
of 2012, or an offense under Section 12-13, 12-14, 12-14.1, | ||
12-15, or 12-16 of the Criminal Code of 1961. | ||
(0.2) (a) Upon dismissal of a petition alleging delinquency | ||
or upon a finding of not delinquent, the successful termination | ||
of an order of supervision, or an adjudication for an offense | ||
which would be a Class B misdemeanor, Class C misdemeanor, or a | ||
petty or business offense if committed by an adult, the court | ||
shall automatically order the expungement of the juvenile court | ||
and law enforcement records within 60 business days. |
(b) If the chief law enforcement officer of the agency, or | ||
his or her designee, certifies in writing that certain | ||
information is needed for a pending investigation involving the | ||
commission of a felony, that information, and information | ||
identifying the juvenile, may be retained in an intelligence | ||
file until the investigation is terminated or for one | ||
additional year, whichever is sooner. Retention of a portion of | ||
a juvenile's law enforcement record does not disqualify the | ||
remainder of his or her record from immediate automatic | ||
expungement. | ||
(0.3) (a) Upon an adjudication of delinquency based on any | ||
offense except a disqualified offense, the juvenile court shall | ||
automatically order the expungement of the juvenile records 2 | ||
years after the juvenile's case was closed if no delinquency or | ||
criminal proceeding is pending and the person has had no | ||
subsequent delinquency adjudication or criminal conviction. | ||
The court shall automatically order the expungement of the | ||
juvenile court and law enforcement records within 60 business | ||
days. For the purposes of this subsection (0.3), "disqualified | ||
offense" means any of the following offenses: Section 8-1.2, | ||
9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, 10-2, 10-3, 10-3.1, | ||
10-4, 10-5, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, | ||
11-6, 11-6.5, 12-2, 12-3.05, 12-3.3, 12-4.4a, 12-5.02, 12-6.2, | ||
12-6.5, 12-7.1, 12-7.5, 12-20.5, 12-32, 12-33, 12-34, 12-34.5, | ||
18-1, 18-2, 18-3, 18-4, 18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2, | ||
24-1.2-5, 24-1.5, 24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9, |
29D-14.9, 29D-20, 30-1, 31-1a, 32-4a, or 33A-2 of the Criminal | ||
Code of 2012, or subsection (b) of Section 8-1, paragraph (4) | ||
of subsection (a) of Section 11-14.4, subsection (a-5) of | ||
Section 12-3.1, paragraph (1), (2), or (3) of subsection (a) of | ||
Section 12-6, subsection (a-3) or (a-5) of Section 12-7.3, | ||
paragraph (1) or (2) of subsection (a) of Section 12-7.4, | ||
subparagraph (i) of paragraph (1) of subsection (a) of Section | ||
12-9, subparagraph (H) of paragraph (3) of subsection (a) of | ||
Section 24-1.6, paragraph (1) of subsection (a) of Section | ||
25-1, or subsection (a-7) of Section 31-1 of the Criminal Code | ||
of 2012. | ||
(b) If the chief law enforcement officer of the agency, or | ||
his or her designee, certifies in writing that certain | ||
information is needed for a pending investigation involving the | ||
commission of a felony, that information, and information | ||
identifying the juvenile, may be retained in an intelligence | ||
file until the investigation is terminated or for one | ||
additional year, whichever is sooner. Retention of a portion of | ||
a juvenile's law enforcement record does not disqualify the | ||
remainder of his or her record from immediate automatic | ||
expungement. | ||
(1) Nothing in this subsection (1) precludes an eligible | ||
minor from obtaining expungement under subsection subsections | ||
(0.1), (0.2), or (0.3). Whenever a person has been arrested, | ||
charged, or adjudicated delinquent for an incident occurring | ||
before his or her 18th birthday that if committed by an adult |
would be an offense, and that person's records are not eligible | ||
for automatic expungement under subsection subsections (0.1), | ||
(0.2), or (0.3), the
person may petition the court at any time | ||
for expungement of law
enforcement records and juvenile court | ||
records relating to the incident and, upon termination of all | ||
juvenile
court proceedings relating to that incident, the court | ||
shall order the expungement of all records in the possession of | ||
the Department of State Police, the clerk of the circuit court, | ||
and law enforcement agencies relating to the incident, but only | ||
in any of the following circumstances:
| ||
(a) the minor was arrested and no petition for | ||
delinquency was filed with
the clerk of the circuit court; | ||
(a-5) the minor was charged with an offense and the | ||
petition or petitions were dismissed without a finding of | ||
delinquency;
| ||
(b) the minor was charged with an offense and was found | ||
not delinquent of
that offense;
| ||
(c) the minor was placed under supervision pursuant to | ||
Section 5-615, and
the order of
supervision has since been | ||
successfully terminated; or
| ||
(d)
the minor was adjudicated for an offense which | ||
would be a Class B
misdemeanor, Class C misdemeanor, or a | ||
petty or business offense if committed by an adult.
| ||
(1.5) January 1, 2015 (Public Act 98-637) The Department of | ||
State Police shall allow a person to use the Access and Review | ||
process, established in the Department of State Police, for |
verifying that his or her law enforcement records relating to | ||
incidents occurring before his or her 18th birthday eligible | ||
under this Act have been expunged . | ||
(1.6) (Blank). January 1, 2015 (Public Act 98-637) January | ||
1, 2015 (Public Act 98-637) | ||
(1.7) (Blank). | ||
(1.8) (Blank). | ||
(2) Any person whose delinquency adjudications are not | ||
eligible for automatic expungement under subsection (0.3) of | ||
this Section may petition the court to expunge all law | ||
enforcement records
relating to any
incidents occurring before | ||
his or her 18th birthday which did not result in
proceedings in | ||
criminal court and all juvenile court records with respect to
| ||
any adjudications except those based upon first degree
murder | ||
or an offense under Article 11 of the Criminal Code of 2012 if | ||
the person is required to register under the Sex Offender | ||
Registration Act; provided that:
| ||
(a) (blank); or
| ||
(b) 2 years have elapsed since all juvenile court | ||
proceedings relating to
him or her have been terminated and | ||
his or her commitment to the Department of
Juvenile Justice
| ||
under this Act has been terminated.
| ||
(2.5) If a minor is arrested and no petition for | ||
delinquency is filed with the clerk of the circuit court at the | ||
time the minor is released from custody, the youth officer, if | ||
applicable, or other designated person from the arresting |
agency, shall notify verbally and in writing to the minor or | ||
the minor's parents or guardians that the minor shall have an | ||
arrest record and shall provide the minor and the minor's | ||
parents or guardians with an expungement information packet, | ||
information regarding this State's expungement laws including | ||
a petition to expunge juvenile records obtained from the clerk | ||
of the circuit court. | ||
(2.6) If a minor is referred to court then at the time of | ||
sentencing or dismissal of the case, or successful completion | ||
of supervision, the judge shall inform the delinquent minor of | ||
his or her rights regarding expungement and the clerk of the | ||
circuit court shall provide an expungement information packet | ||
to the minor, written in plain language, including information | ||
regarding this State's expungement laws and a petition for | ||
expungement, a sample of a completed petition, expungement | ||
instructions that shall include information informing the | ||
minor that (i) once the case is expunged, it shall be treated | ||
as if it never occurred, (ii) he or she may apply to have | ||
petition fees waived, (iii) once he or she obtains an | ||
expungement, he or she may not be required to disclose that he | ||
or she had a juvenile record, and (iv) if petitioning he or she | ||
may file the petition on his or her own or with the assistance | ||
of an attorney. The failure of the judge to inform the | ||
delinquent minor of his or her right to petition for | ||
expungement as provided by law does not create a substantive | ||
right, nor is that failure grounds for: (i) a reversal of an |
adjudication of delinquency, (ii) a new trial; or (iii) an | ||
appeal. | ||
(2.7) (Blank). | ||
(2.8) The petition for expungement for subsection (1) and | ||
(2) may include multiple offenses on the same petition and | ||
shall be substantially in the following form: | ||
IN THE CIRCUIT COURT OF ......, ILLINOIS
| ||
........ JUDICIAL CIRCUIT
| ||
IN THE INTEREST OF ) NO.
| ||
)
| ||
)
| ||
...................)
| ||
(Name of Petitioner) | ||
PETITION TO EXPUNGE JUVENILE RECORDS | ||
(705 ILCS 405/5-915 (SUBSECTION 1 AND 2)) | ||
Now comes ............., petitioner, and respectfully requests
| ||
that this Honorable Court enter an order expunging all juvenile | ||
law enforcement and court records of petitioner and in support | ||
thereof states that:
Petitioner was arrested on ..... by the | ||
....... Police Department for the offense or offenses of | ||
......., and:
| ||
(Check All That Apply:)
| ||
( ) a. no petition or petitions were filed with the Clerk of | ||
the Circuit Court. |
( ) b. was charged with ...... and was found not delinquent
of | ||
the offense or offenses. | ||
( ) c. a petition or petitions were filed and the petition or | ||
petitions were dismissed without a finding of delinquency on | ||
..... | ||
( ) d. on ....... placed under supervision pursuant to Section | ||
5-615 of the Juvenile Court Act of 1987 and such order of | ||
supervision successfully terminated on ........ | ||
( ) e. was adjudicated for the offense or offenses, which would | ||
have been a Class B misdemeanor, a Class C misdemeanor, or a | ||
petty offense or business offense if committed by an adult. | ||
( ) f. was adjudicated for a Class A misdemeanor or felony, | ||
except first degree murder or an offense under Article 11 of | ||
the Criminal Code of 2012 if the person is required to register | ||
under the Sex Offender Registration Act, and 2 years have | ||
passed since the case was closed.
| ||
Petitioner .... has .... has not been arrested on charges in | ||
this or any county other than the charges listed above. If | ||
petitioner has been arrested on additional charges, please list | ||
the charges below:
| ||
Charge(s): ...... | ||
Arresting Agency or Agencies: ........... | ||
Disposition/Result: (choose from a. through f., above): .....
| ||
WHEREFORE, the petitioner respectfully requests this Honorable | ||
Court to (1) order all law enforcement agencies to expunge all | ||
records of petitioner to this incident or incidents, and (2) to |
order the Clerk of the Court to expunge all records concerning | ||
the petitioner regarding this incident or incidents. | ||
......................
| ||
Petitioner (Signature)
| ||
..........................
| ||
Petitioner's Street Address | ||
.....................
| ||
City, State, Zip Code | ||
............................. | ||
Petitioner's Telephone Number | ||
Pursuant to the penalties of perjury under the Code of Civil | ||
Procedure, 735 ILCS 5/1-109, I hereby certify that the | ||
statements in this petition are true and correct, or on | ||
information and belief I believe the same to be true. | ||
...................... | ||
Petitioner (Signature)
| ||
first degree | ||
(3) The chief judge of the circuit in which an arrest was | ||
made or a charge
was brought or any
judge of that circuit | ||
designated by the chief judge
may, upon verified petition
of a |
person who is the subject of an arrest or a juvenile court | ||
proceeding
under subsection (1) or (2) of this Section, order | ||
the law enforcement
records or official court file, or both, to | ||
be expunged from the official
records of the arresting | ||
authority, the clerk of the circuit court and the
Department of | ||
State Police. The person whose records are to be expunged shall | ||
petition the court using the appropriate form containing his or | ||
her current address and shall promptly notify the clerk of the | ||
circuit court of any change of address. Notice
of the petition | ||
shall be served upon the State's Attorney or prosecutor charged | ||
with the duty of prosecuting the offense, the Department of | ||
State Police, and the arresting agency or agencies by the clerk | ||
of the circuit court. If an objection is filed within 45
days | ||
of the notice of the petition, the clerk of the circuit court | ||
shall set a date for hearing after the 45-day objection period. | ||
At the hearing the court shall hear evidence on whether the | ||
expungement should or should not be granted. Unless the State's | ||
Attorney or prosecutor, the Department of State Police, or an | ||
arresting agency objects to the expungement within 45
days of | ||
the notice, the court may enter an order granting expungement. | ||
The clerk shall forward a certified copy of the order to the | ||
Department of State Police and deliver a certified copy of the | ||
order to the arresting agency.
| ||
(3.1) The Notice of Expungement shall be in substantially | ||
the following form: | ||
IN THE CIRCUIT COURT OF ....., ILLINOIS
|
.... JUDICIAL CIRCUIT
| ||
IN THE INTEREST OF ) NO.
| ||
)
| ||
)
| ||
...................)
| ||
(Name of Petitioner) | ||
NOTICE
| ||
TO: State's Attorney
| ||
TO: Arresting Agency
| ||
| ||
................
| ||
................
| ||
| ||
................
| ||
................
| ||
TO: Illinois State Police
| ||
| ||
.....................
| ||
| ||
.....................
| ||
ATTENTION: Expungement
| ||
You are hereby notified that on ....., at ....., in courtroom | ||
..., located at ..., before the Honorable ..., Judge, or any | ||
judge sitting in his/her stead, I shall then and there present |
a Petition to Expunge Juvenile records in the above-entitled | ||
matter, at which time and place you may appear. | ||
...................... | ||
Petitioner's Signature | ||
...........................
| ||
Petitioner's Street Address | ||
.....................
| ||
City, State, Zip Code | ||
............................. | ||
Petitioner's Telephone Number | ||
PROOF OF SERVICE
| ||
On the ....... day of ......, 20..., I on oath state that I | ||
served this notice and true and correct copies of the | ||
above-checked documents by: | ||
(Check One:) | ||
delivering copies personally to each entity to whom they are | ||
directed; | ||
or | ||
by mailing copies to each entity to whom they are directed by | ||
depositing the same in the U.S. Mail, proper postage fully | ||
prepaid, before the hour of 5:00 p.m., at the United States | ||
Postal Depository located at ................. | ||
.........................................
| ||
| ||
Signature | ||
Clerk of the Circuit Court or Deputy Clerk |
Printed Name of Delinquent Minor/Petitioner: .... | ||
Address: ........................................ | ||
Telephone Number: ............................... | ||
(3.2) The Order of Expungement shall be in substantially | ||
the following form: | ||
IN THE CIRCUIT COURT OF ....., ILLINOIS
| ||
.... JUDICIAL CIRCUIT
| ||
IN THE INTEREST OF ) NO.
| ||
)
| ||
)
| ||
...................)
| ||
(Name of Petitioner)
| ||
DOB ................ | ||
Arresting Agency/Agencies ...... | ||
ORDER OF EXPUNGEMENT
| ||
(705 ILCS 405/5-915 (SUBSECTION 3))
| ||
This matter having been heard on the petitioner's motion and | ||
the court being fully advised in the premises does find that | ||
the petitioner is indigent or has presented reasonable cause to | ||
waive all costs in this matter, IT IS HEREBY ORDERED that: | ||
( ) 1. Clerk of Court and Department of State Police costs | ||
are hereby waived in this matter. | ||
( ) 2. The Illinois State Police Bureau of Identification | ||
and the following law enforcement agencies expunge all records |
of petitioner relating to an arrest dated ...... for the | ||
offense of ...... | ||
Law Enforcement Agencies:
| ||
.........................
| ||
.........................
| ||
( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit | ||
Court expunge all records regarding the above-captioned case. | ||
ENTER: ......................
| ||
| ||
JUDGE | ||
DATED: ....... | ||
Name:
| ||
Attorney for:
| ||
Address:
City/State/Zip:
| ||
Attorney Number: | ||
(3.3) The Notice of Objection shall be in substantially the | ||
following form: | ||
IN THE CIRCUIT COURT OF ....., ILLINOIS
| ||
....................... JUDICIAL CIRCUIT
| ||
IN THE INTEREST OF ) NO.
| ||
)
| ||
)
| ||
...................)
| ||
(Name of Petitioner) |
NOTICE OF OBJECTION
| ||
TO:(Attorney, Public Defender, Minor)
| ||
.................................
| ||
.................................
| ||
TO:(Illinois State Police)
| ||
.................................
| ||
................................. | ||
TO:(Clerk of the Court)
| ||
.................................
| ||
.................................
| ||
TO:(Judge)
| ||
.................................
| ||
.................................
| ||
TO:(Arresting Agency/Agencies)
| ||
.................................
| ||
................................. | ||
ATTENTION:
You are hereby notified that an objection has been | ||
filed by the following entity regarding the above-named minor's | ||
petition for expungement of juvenile records: | ||
( ) State's Attorney's Office;
| ||
( ) Prosecutor (other than State's Attorney's Office) charged | ||
with the duty of prosecuting the offense sought to be expunged;
| ||
( ) Department of Illinois State Police; or
| ||
( ) Arresting Agency or Agencies.
| ||
The agency checked above respectfully requests that this case | ||
be continued and set for hearing on whether the expungement |
should or should not be granted.
| ||
DATED: ....... | ||
Name: | ||
Attorney For:
| ||
Address: | ||
City/State/Zip:
| ||
Telephone:
| ||
Attorney No.:
| ||
FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
| ||
This matter has been set for hearing on the foregoing | ||
objection, on ...... in room ...., located at ....., before the | ||
Honorable ....., Judge, or any judge sitting in his/her stead.
| ||
(Only one hearing shall be set, regardless of the number of | ||
Notices of Objection received on the same case).
| ||
A copy of this completed Notice of Objection containing the | ||
court date, time, and location, has been sent via regular U.S. | ||
Mail to the following entities. (If more than one Notice of | ||
Objection is received on the same case, each one must be | ||
completed with the court date, time and location and mailed to | ||
the following entities):
| ||
( ) Attorney, Public Defender or Minor;
| ||
( ) State's Attorney's Office; | ||
( ) Prosecutor (other than State's Attorney's Office) charged | ||
with the duty of prosecuting the offense sought to be expunged; | ||
( ) Department of Illinois State Police; and | ||
( ) Arresting agency or agencies.
|
Date: ...... | ||
Initials of Clerk completing this section: .....
| ||
(4)(a) Upon entry of an order expunging records or files, | ||
the offense, which
the records or files concern shall be | ||
treated as if it never occurred. Law
enforcement officers and | ||
other public offices and agencies shall properly reply
on | ||
inquiry that no record or file exists with respect to the
| ||
person.
| ||
(a-5) Local law enforcement agencies shall send written | ||
notice to the minor of the expungement of any records within 60 | ||
days of automatic expungement or the date of service of an | ||
expungement order, whichever applies. If a minor's court file | ||
has been expunged, the clerk of the circuit court shall send | ||
written notice to the minor of the expungement of any records | ||
within 60 days of automatic expungement or the date of service | ||
of an expungement order, whichever applies. | ||
(b) Except with respect to authorized military personnel, | ||
an expunged juvenile record may not be considered by any | ||
private or public entity in employment matters, certification, | ||
licensing, revocation of certification or licensure, or | ||
registration. Applications for employment within the State | ||
must contain specific language that states that the applicant | ||
is not obligated to disclose expunged juvenile records of | ||
adjudication or arrest. Employers may not ask, in any format or | ||
context, if an applicant has had a juvenile record expunged. | ||
Information about an expunged record obtained by a potential |
employer, even inadvertently, from an employment application | ||
that does not contain specific language that states that the | ||
applicant is not obligated to disclose expunged juvenile | ||
records of adjudication or arrest, shall be treated as | ||
dissemination of an expunged record by the employer. | ||
(c) A person whose juvenile records have been expunged is | ||
not entitled to remission of any fines, costs, or other money | ||
paid as a consequence of expungement. | ||
(5) (Blank). ,
| ||
(5.5) Whether or not expunged, records eligible for | ||
automatic expungement under subdivision (0.1)(a), (0.2)(a), or | ||
(0.3)(a) may be treated as expunged by the individual subject | ||
to the records. | ||
(6) Nothing in this Section shall be construed to prohibit | ||
the maintenance
of information relating to an offense after | ||
records or files concerning the
offense have been expunged if | ||
the information is kept in a manner that does not
enable | ||
identification of the individual. This information may only be | ||
used for anonymous
statistical and bona fide research purposes. | ||
(6.5) The Department of State Police or any employee of the | ||
Department shall be immune from civil or criminal liability for | ||
failure to expunge any records of arrest that are subject to | ||
expungement under this Section because of inability to verify a | ||
record. Nothing in this Section shall create Department of | ||
State Police liability or responsibility for the expungement of | ||
law enforcement records it does not possess. |
(7)(a) The State Appellate Defender shall establish, | ||
maintain, and carry out, by December 31, 2004, a juvenile | ||
expungement program
to provide information and assistance to | ||
minors eligible to have their juvenile records expunged.
| ||
(b) The State Appellate Defender shall develop brochures, | ||
pamphlets, and
other
materials in
printed form and through the | ||
agency's World Wide Web site. The pamphlets and
other materials | ||
shall
include at a minimum the following information:
| ||
(i) An explanation of the State's juvenile expungement | ||
laws, including both automatic expungement and expungement | ||
by petition; | ||
(ii) The circumstances under which juvenile | ||
expungement may occur; | ||
(iii) The juvenile offenses that may be expunged; | ||
(iv) The steps necessary to initiate and complete the | ||
juvenile expungement process;
and | ||
(v) Directions on how to contact the State Appellate | ||
Defender. | ||
(c) The State Appellate Defender shall establish and | ||
maintain a statewide
toll-free telephone
number that a person | ||
may use to receive information or assistance concerning
the | ||
expungement of juvenile records. The State Appellate
Defender | ||
shall advertise
the toll-free telephone number statewide. The | ||
State Appellate Defender shall
develop an expungement
| ||
information packet that may be sent to eligible persons seeking | ||
expungement of
their juvenile records,
which may include, but |
is not limited to, a pre-printed expungement petition
with | ||
instructions on how
to complete the petition and a pamphlet | ||
containing information that would
assist individuals through
| ||
the juvenile expungement process. | ||
(d) The State Appellate Defender shall compile a statewide | ||
list of volunteer
attorneys willing
to assist eligible | ||
individuals through the juvenile expungement process. | ||
(e) This Section shall be implemented from funds | ||
appropriated by the General
Assembly to the State
Appellate | ||
Defender
for this purpose. The State Appellate Defender shall | ||
employ the necessary staff
and adopt the
necessary rules for | ||
implementation of this Section. | ||
(7.5) (a) Willful dissemination of any information | ||
contained in an expunged record shall be treated as a Class C | ||
misdemeanor and punishable by a fine of $1,000 per violation. | ||
(b) Willful dissemination for financial gain of any | ||
information contained in an expunged record shall be treated as | ||
a Class 4 felony. Dissemination for financial gain by an | ||
employee of any municipal, county, or State agency, including | ||
law enforcement, shall result in immediate termination. | ||
(c) The person whose record was expunged has a right of | ||
action against any person who intentionally disseminates an | ||
expunged record. In the proceeding, punitive damages up to an | ||
amount of $1,000 may be sought in addition to any actual | ||
damages. The prevailing party shall be entitled to costs and | ||
reasonable attorney fees. |
(d) The punishments for dissemination of an expunged record | ||
shall never apply to the person whose record was expunged. | ||
(8)(a) An expunged juvenile record may not be considered by | ||
any private or public entity in employment matters, | ||
certification, licensing, revocation of certification or | ||
licensure, or registration. Applications for employment must | ||
contain specific language that states that the applicant is not | ||
obligated to disclose expunged juvenile records of | ||
adjudication, conviction, or arrest. Employers may not ask if | ||
an applicant has had a juvenile record expunged. Effective | ||
January 1, 2005, the Department of Labor shall develop a link | ||
on the Department's website to inform employers that employers | ||
may not ask if an applicant had a juvenile record expunged and | ||
that application for employment must contain specific language | ||
that states that the applicant is not obligated to disclose | ||
expunged juvenile records of adjudication, arrest, or | ||
conviction. | ||
(b) (Blank). Public Act 93-912 | ||
(c) The expungement of juvenile records under subsection | ||
subsections 0.1, 0.2, or 0.3 of this Section shall be funded by | ||
the additional fine imposed under Section 5-9-1.17 of the | ||
Unified Code of Corrections. | ||
(9) (Blank). | ||
(10) (Blank). Public Act 98-637 Public Act 98-637 | ||
(Source: P.A. 99-835, eff. 1-1-17; 99-881, eff. 1-1-17; | ||
100-201, eff. 8-18-17; 100-285, eff. 1-1-18; revised |
10-10-17.)
| ||
Section 565. The Criminal Code of 2012 is amended by | ||
changing Sections 3-5, 3-6, 9-1, 11-9.1, and 12-7.1 as follows:
| ||
(720 ILCS 5/3-5) (from Ch. 38, par. 3-5)
| ||
Sec. 3-5. General limitations. | ||
(a) A prosecution for: (1) first degree murder, attempt to | ||
commit first
degree
murder, second degree murder,
involuntary | ||
manslaughter, reckless homicide, or a violation of | ||
subparagraph (F) of paragraph (1) of subsection (d) of Section | ||
11-501 of the Illinois Vehicle Code for the offense of | ||
aggravated driving under the influence of alcohol, other drug | ||
or drugs, or intoxicating compound or compounds, or any | ||
combination thereof when the violation was a proximate cause of | ||
a death, leaving the scene of a motor vehicle accident | ||
involving death or personal injuries under Section 11-401 of | ||
the Illinois Vehicle Code, failing to give information and | ||
render aid under Section 11-403 of the Illinois Vehicle Code, | ||
concealment of homicidal
death, treason, arson, residential | ||
arson, aggravated arson, forgery, child pornography under | ||
paragraph (1) of subsection (a) of Section 11-20.1, or | ||
aggravated child pornography under paragraph (1) of subsection | ||
(a) of Section 11-20.1B, or (2) any offense
involving sexual | ||
conduct or sexual penetration, as defined by
Section 11-0.1 of | ||
this Code in which the DNA profile of the offender is
obtained |
and entered into a DNA database within 10 years after the | ||
commission
of the offense, may be commenced at any
time.
Clause | ||
(2) of this subsection (a) applies if either: (i) the victim | ||
reported the
offense to law enforcement authorities within 3 | ||
years after the commission
of the offense unless a longer | ||
period for reporting the offense to law
enforcement authorities
| ||
is provided in Section 3-6 or (ii) the victim is murdered | ||
during the course of the offense or within 2 years after the | ||
commission of the offense.
| ||
(a-5) A prosecution for theft of property exceeding | ||
$100,000 in value under Section 16-1, identity theft under | ||
subsection (a) of Section 16-30, aggravated identity theft | ||
under subsection (b) of Section 16-30, financial exploitation | ||
of an elderly person or a person with a disability under | ||
Section 17-56; or any offense set forth in Article 16H or | ||
Section 17-10.6 may be commenced within 7 years of the last act | ||
committed in furtherance of the crime. | ||
(b) Unless the statute describing the offense provides | ||
otherwise, or the
period of limitation is extended by Section | ||
3-6, a prosecution for any
offense not designated in subsection | ||
(a) or (a-5) must be commenced within 3 years
after the | ||
commission of the offense if it is a felony, or within one year
| ||
and 6 months after its commission if it is a misdemeanor.
| ||
(Source: P.A. 99-820, eff. 8-15-16; 100-149, eff. 1-1-18; | ||
revised 10-5-17.)
|
(720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
| ||
Sec. 3-6. Extended limitations. The period within which a | ||
prosecution
must be commenced under the provisions of Section | ||
3-5 or other applicable
statute is extended under the following | ||
conditions:
| ||
(a) A prosecution for theft involving a breach of a | ||
fiduciary obligation
to the aggrieved person may be commenced | ||
as follows:
| ||
(1) If the aggrieved person is a minor or a person | ||
under legal disability,
then during the minority or legal | ||
disability or within one year after the
termination | ||
thereof.
| ||
(2) In any other instance, within one year after the | ||
discovery of the
offense by an aggrieved person, or by a | ||
person who has legal capacity to
represent an aggrieved | ||
person or has a legal duty to report the offense,
and is | ||
not himself or herself a party to the offense; or in the | ||
absence of such
discovery, within one year after the proper | ||
prosecuting officer becomes
aware of the offense. However, | ||
in no such case is the period of limitation
so extended | ||
more than 3 years beyond the expiration of the period | ||
otherwise
applicable.
| ||
(b) A prosecution for any offense based upon misconduct in | ||
office by a
public officer or employee may be commenced within | ||
one year after discovery
of the offense by a person having a | ||
legal duty to report such offense, or
in the absence of such |
discovery, within one year after the proper
prosecuting officer | ||
becomes aware of the offense. However, in no such case
is the | ||
period of limitation so extended more than 3 years beyond the
| ||
expiration of the period otherwise applicable.
| ||
(b-5) When the victim is under 18 years of age at the time | ||
of the offense, a prosecution for involuntary servitude, | ||
involuntary sexual servitude of a minor, or trafficking in | ||
persons and related offenses under Section 10-9 of this Code | ||
may be commenced within 25 years of the victim attaining the | ||
age of 18 years. | ||
(c) (Blank).
| ||
(d) A prosecution for child pornography, aggravated child | ||
pornography, indecent
solicitation of a
child, soliciting for a | ||
juvenile prostitute, juvenile pimping,
exploitation of a | ||
child, or promoting juvenile prostitution except for keeping a | ||
place of juvenile prostitution may be commenced within one year | ||
of the victim
attaining the age of 18 years. However, in no | ||
such case shall the time
period for prosecution expire sooner | ||
than 3 years after the commission of
the offense.
| ||
(e) Except as otherwise provided in subdivision (j), a | ||
prosecution for
any offense involving sexual conduct or sexual
| ||
penetration, as defined in Section 11-0.1 of this Code, where | ||
the defendant
was within a professional or fiduciary | ||
relationship or a purported
professional or fiduciary | ||
relationship with the victim at the
time of the commission of | ||
the offense may be commenced within one year
after the |
discovery of the offense by the victim.
| ||
(f) A prosecution for any offense set forth in Section 44
| ||
of the " Environmental Protection Act ", approved June 29, 1970, | ||
as amended,
may be commenced within 5 years after the discovery | ||
of such
an offense by a person or agency having the legal duty | ||
to report the
offense or in the absence of such discovery, | ||
within 5 years
after the proper prosecuting officer becomes | ||
aware of the offense.
| ||
(f-5) A prosecution for any offense set forth in Section | ||
16-30 of this Code may be commenced within 5 years after the | ||
discovery of the offense by the victim of that offense.
| ||
(g) (Blank).
| ||
(h) (Blank).
| ||
(i) Except as otherwise provided in subdivision (j), a | ||
prosecution for
criminal sexual assault, aggravated criminal
| ||
sexual assault, or aggravated criminal sexual abuse may be | ||
commenced within 10
years of the commission of the offense if | ||
the victim reported the offense to
law enforcement authorities | ||
within 3 years after the commission of the offense.
| ||
Nothing in this subdivision (i) shall be construed to
| ||
shorten a period within which a prosecution must be commenced | ||
under any other
provision of this Section.
| ||
(i-5) A prosecution for armed robbery, home invasion, | ||
kidnapping, or aggravated kidnaping may be commenced within 10 | ||
years of the commission of the offense if it arises out of the | ||
same course of conduct and meets the criteria under one of the |
offenses in subsection (i) of this Section. | ||
(j) (1) When the victim is under 18 years of age at the | ||
time of the offense, a
prosecution
for criminal sexual assault, | ||
aggravated criminal sexual assault, predatory
criminal sexual | ||
assault of a child, aggravated criminal sexual abuse, or felony | ||
criminal sexual abuse may be commenced at any time. | ||
(2) When the victim is under 18 years of age at the time of | ||
the offense, a prosecution for failure of a person who is | ||
required to report an alleged
or suspected commission of | ||
criminal sexual assault, aggravated criminal sexual assault, | ||
predatory criminal sexual assault of a child, aggravated | ||
criminal sexual abuse, or felony criminal sexual abuse under | ||
the Abused and Neglected
Child Reporting Act may be
commenced | ||
within 20 years after the child victim attains 18
years of age. | ||
(3) When the victim is under 18 years of age at the time of | ||
the offense, a
prosecution
for misdemeanor criminal sexual | ||
abuse may be
commenced within 10 years after the child victim | ||
attains 18
years of age.
| ||
(4) Nothing in this subdivision (j) shall be construed to
| ||
shorten a period within which a prosecution must be commenced | ||
under any other
provision of this Section.
| ||
(j-5) A prosecution for armed robbery, home invasion, | ||
kidnapping, or aggravated kidnaping may be commenced at any | ||
time if it arises out of the same course of conduct and meets | ||
the criteria under one of the offenses in subsection (j) of | ||
this Section. |
(k) (Blank).
| ||
(l) A prosecution for any offense set forth in Section 26-4 | ||
of this Code may be commenced within one year after the | ||
discovery of the offense by the victim of that offense. | ||
(m) The prosecution shall not be required to prove at trial | ||
facts which extend the general limitations in Section 3-5 of | ||
this Code when the facts supporting extension of the period of | ||
general limitations are properly pled in the charging document. | ||
Any challenge relating to the extension of the general | ||
limitations period as defined in this Section shall be | ||
exclusively conducted under Section 114-1 of the Code of | ||
Criminal Procedure of 1963. | ||
(Source: P.A. 99-234, eff. 8-3-15; 99-820, eff. 8-15-16; | ||
100-80, eff. 8-11-17; 100-318, eff. 8-24-17; 100-434, eff. | ||
1-1-18; revised 10-5-17.) | ||
(720 ILCS 5/9-1) (from Ch. 38, par. 9-1) | ||
Sec. 9-1. First degree murder; death penalties; | ||
exceptions; separate
hearings; proof; findings; appellate | ||
procedures; reversals. First degree Murder - Death penalties - | ||
Exceptions - Separate
Hearings - Proof - Findings - Appellate | ||
procedures - Reversals.
| ||
(a) A person who kills an individual without lawful | ||
justification commits
first degree murder if, in performing the | ||
acts which cause the death:
| ||
(1) he either intends to kill or do great bodily harm |
to that
individual or another, or knows that such acts will | ||
cause death to that
individual or another; or
| ||
(2) he knows that such acts create a strong probability | ||
of death or
great bodily harm to that individual or | ||
another; or
| ||
(3) he is attempting or committing a forcible felony | ||
other than
second degree murder.
| ||
(b) Aggravating Factors. A defendant who at the time of the
| ||
commission of the offense has attained the age of 18 or more | ||
and who has
been found guilty of first degree murder may be | ||
sentenced to death if:
| ||
(1) the murdered individual was a peace officer or | ||
fireman killed in
the course of performing his official | ||
duties, to prevent the performance
of his official duties, | ||
or in retaliation for performing his official
duties, and | ||
the defendant knew or
should have known that the murdered | ||
individual was a peace officer or
fireman; or
| ||
(2) the murdered individual was an employee of an | ||
institution or
facility of the Department of Corrections, | ||
or any similar local
correctional agency, killed in the | ||
course of performing his official
duties, to prevent the | ||
performance of his official duties, or in
retaliation for | ||
performing his official duties, or the murdered
individual | ||
was an inmate at such institution or facility and was | ||
killed on the
grounds thereof, or the murdered individual | ||
was otherwise present in such
institution or facility with |
the knowledge and approval of the chief
administrative | ||
officer thereof; or
| ||
(3) the defendant has been convicted of murdering two | ||
or more
individuals under subsection (a) of this Section or | ||
under any law of the
United States or of any state which is | ||
substantially similar to
subsection (a) of this Section | ||
regardless of whether the deaths
occurred as the result of | ||
the same act or of several related or
unrelated acts so | ||
long as the deaths were the result of either an intent
to | ||
kill more than one person or of separate acts which
the | ||
defendant knew would cause death or create a strong | ||
probability of
death or great bodily harm to the murdered | ||
individual or another; or
| ||
(4) the murdered individual was killed as a result of | ||
the
hijacking of an airplane, train, ship, bus or other | ||
public conveyance; or
| ||
(5) the defendant committed the murder pursuant to a | ||
contract,
agreement or understanding by which he was to | ||
receive money or anything
of value in return for committing | ||
the murder or procured another to
commit the murder for | ||
money or anything of value; or
| ||
(6) the murdered individual was killed in the course of | ||
another felony if:
| ||
(a) the murdered individual:
| ||
(i) was actually killed by the defendant, or
| ||
(ii) received physical injuries personally |
inflicted by the defendant
substantially | ||
contemporaneously with physical injuries caused by | ||
one or
more persons for whose conduct the defendant | ||
is legally accountable under
Section 5-2 of this | ||
Code, and the physical injuries inflicted by | ||
either
the defendant or the other person or persons | ||
for whose conduct he is legally
accountable caused | ||
the death of the murdered individual; and
| ||
(b) in performing the acts which caused the death | ||
of the murdered
individual or which resulted in | ||
physical injuries personally inflicted by
the | ||
defendant on the murdered individual under the | ||
circumstances of
subdivision (ii) of subparagraph (a) | ||
of paragraph (6) of subsection (b) of
this Section, the | ||
defendant acted with the intent to kill the murdered
| ||
individual or with the knowledge that his acts created | ||
a strong probability
of death or great bodily harm to | ||
the murdered individual or another; and
| ||
(c) the other felony was an inherently violent | ||
crime
or the attempt to commit an inherently
violent | ||
crime.
In this subparagraph (c), "inherently violent | ||
crime" includes, but is not
limited to, armed robbery, | ||
robbery, predatory criminal sexual assault of a
child,
| ||
aggravated criminal sexual assault, aggravated | ||
kidnapping, aggravated vehicular
hijacking,
aggravated | ||
arson, aggravated stalking, residential burglary, and |
home
invasion; or
| ||
(7) the murdered individual was under 12 years of age | ||
and the
death resulted from exceptionally brutal or heinous | ||
behavior indicative of
wanton cruelty; or
| ||
(8) the defendant committed the murder with intent to
| ||
prevent the murdered individual from testifying or | ||
participating in any
criminal investigation or prosecution
| ||
or giving material assistance to the State in any | ||
investigation or
prosecution, either against the defendant | ||
or another; or the defendant
committed the murder because | ||
the murdered individual was a witness in any
prosecution or | ||
gave material assistance to the State in any investigation
| ||
or prosecution, either against the defendant or another;
| ||
for purposes of this paragraph (8), "participating in any | ||
criminal
investigation
or prosecution" is intended to | ||
include those appearing in the proceedings in
any capacity | ||
such as trial judges, prosecutors, defense attorneys,
| ||
investigators, witnesses, or jurors; or
| ||
(9) the defendant, while committing an offense | ||
punishable under
Sections 401, 401.1, 401.2, 405, 405.2, | ||
407 or 407.1 or subsection (b) of
Section
404 of the | ||
Illinois Controlled Substances Act, or while engaged in a
| ||
conspiracy or solicitation to commit such offense, | ||
intentionally killed an
individual or counseled, | ||
commanded, induced, procured or caused the
intentional | ||
killing of the murdered individual; or
|
(10) the defendant was incarcerated in an institution | ||
or facility of
the Department of Corrections at the time of | ||
the murder, and while
committing an offense punishable as a | ||
felony under Illinois law, or while
engaged in a conspiracy | ||
or solicitation to commit such offense,
intentionally | ||
killed an individual or counseled, commanded, induced,
| ||
procured or caused the intentional killing of the murdered | ||
individual; or
| ||
(11) the murder was committed in a cold, calculated and | ||
premeditated
manner pursuant to a preconceived plan, | ||
scheme or design to take a human
life by unlawful means, | ||
and the conduct of the defendant created a
reasonable | ||
expectation that the death of a human being would result
| ||
therefrom; or
| ||
(12) the murdered individual was an emergency medical | ||
technician -
ambulance, emergency medical technician - | ||
intermediate, emergency medical
technician - paramedic, | ||
ambulance driver, or
other medical assistance or first aid | ||
personnel, employed by a municipality
or other | ||
governmental unit, killed in the course of performing his | ||
official
duties, to prevent the performance of his official | ||
duties, or in retaliation
for performing his official | ||
duties, and the defendant knew or should have
known that | ||
the murdered individual was an emergency medical | ||
technician -
ambulance, emergency medical technician - | ||
intermediate, emergency medical
technician - paramedic, |
ambulance driver, or
other medical assistance or first aid | ||
personnel; or
| ||
(13) the defendant was a principal administrator, | ||
organizer, or leader
of a calculated criminal drug | ||
conspiracy consisting of a hierarchical position
of | ||
authority superior to that of all other members of the | ||
conspiracy, and the
defendant counseled, commanded, | ||
induced, procured, or caused the intentional
killing of the | ||
murdered person;
or
| ||
(14) the murder was intentional and involved the | ||
infliction of torture.
For
the purpose of this Section | ||
torture means the infliction of or subjection to
extreme | ||
physical pain, motivated by an intent to increase or | ||
prolong the pain,
suffering or agony of the victim; or
| ||
(15) the murder was committed as a result of the | ||
intentional discharge
of a firearm by the defendant from a | ||
motor vehicle and the victim was not
present within the | ||
motor vehicle; or
| ||
(16) the murdered individual was 60 years of age or | ||
older and the death
resulted
from exceptionally brutal or | ||
heinous behavior indicative of wanton cruelty; or
| ||
(17) the murdered individual was a person with a | ||
disability and the defendant knew
or
should have known that | ||
the murdered individual was a person with a disability. For | ||
purposes of
this paragraph (17), "person with a disability" | ||
means a person who suffers from a
permanent physical or |
mental impairment resulting from disease, an injury,
a | ||
functional disorder, or a congenital condition that | ||
renders the person
incapable of
adequately providing for | ||
his or her own health or personal care; or
| ||
(18) the murder was committed by reason of any person's | ||
activity as a
community policing volunteer or to prevent | ||
any person from engaging in activity
as a community | ||
policing volunteer; or
| ||
(19) the murdered individual was subject to an order of | ||
protection and the
murder was committed by a person against | ||
whom the same order of protection was
issued under the | ||
Illinois Domestic Violence Act of 1986; or
| ||
(20) the murdered individual was known by the defendant | ||
to be a teacher or
other person employed in any school and | ||
the teacher or other employee is upon
the grounds of a | ||
school or grounds adjacent to a school, or is in any part | ||
of a
building used for school purposes; or
| ||
(21) the murder was committed by the defendant in | ||
connection with or as
a
result of the offense of terrorism | ||
as defined in Section 29D-14.9 of this
Code.
| ||
(b-5) Aggravating Factor; Natural Life Imprisonment. A | ||
defendant who has been found guilty of first degree murder and | ||
who at the time of the commission of the offense had attained | ||
the age of 18 years or more may be sentenced to natural life | ||
imprisonment if
(i) the murdered individual was a physician, | ||
physician assistant, psychologist, nurse, or advanced practice |
registered nurse, (ii) the defendant knew or should have
known | ||
that the murdered individual was a physician, physician | ||
assistant, psychologist, nurse, or advanced practice | ||
registered nurse, and (iii) the murdered individual was killed | ||
in the course of acting in his or her capacity as a physician, | ||
physician assistant, psychologist, nurse, or advanced practice | ||
registered nurse, or to prevent him or her from acting in that | ||
capacity, or in retaliation
for his or her acting in that | ||
capacity. | ||
(c) Consideration of factors in Aggravation and | ||
Mitigation.
| ||
The court shall consider, or shall instruct the jury to | ||
consider any
aggravating and any mitigating factors which are | ||
relevant to the
imposition of the death penalty. Aggravating | ||
factors may include but
need not be limited to those factors | ||
set forth in subsection (b).
Mitigating factors may include but | ||
need not be limited to the following:
| ||
(1) the defendant has no significant history of prior | ||
criminal
activity;
| ||
(2) the murder was committed while the defendant was | ||
under
the influence of extreme mental or emotional | ||
disturbance, although not such
as to constitute a defense | ||
to prosecution;
| ||
(3) the murdered individual was a participant in the
| ||
defendant's homicidal conduct or consented to the | ||
homicidal act;
|
(4) the defendant acted under the compulsion of threat | ||
or
menace of the imminent infliction of death or great | ||
bodily harm;
| ||
(5) the defendant was not personally present during
| ||
commission of the act or acts causing death;
| ||
(6) the defendant's background includes a history of | ||
extreme emotional
or physical abuse;
| ||
(7) the defendant suffers from a reduced mental | ||
capacity.
| ||
Provided, however, that an action that does not otherwise | ||
mitigate first degree murder cannot qualify as a mitigating | ||
factor for first degree murder because of the discovery, | ||
knowledge, or disclosure of the victim's sexual orientation as | ||
defined in Section 1-103 of the Illinois Human Rights Act. | ||
(d) Separate sentencing hearing.
| ||
Where requested by the State, the court shall conduct a | ||
separate
sentencing proceeding to determine the existence of | ||
factors set forth in
subsection (b) and to consider any | ||
aggravating or mitigating factors as
indicated in subsection | ||
(c). The proceeding shall be conducted:
| ||
(1) before the jury that determined the defendant's | ||
guilt; or
| ||
(2) before a jury impanelled for the purpose of the | ||
proceeding if:
| ||
A. the defendant was convicted upon a plea of | ||
guilty; or
|
B. the defendant was convicted after a trial before | ||
the court
sitting without a jury; or
| ||
C. the court for good cause shown discharges the | ||
jury that
determined the defendant's guilt; or
| ||
(3) before the court alone if the defendant waives a | ||
jury
for the separate proceeding.
| ||
(e) Evidence and Argument.
| ||
During the proceeding any information relevant to any of | ||
the factors
set forth in subsection (b) may be presented by | ||
either the State or the
defendant under the rules governing the | ||
admission of evidence at
criminal trials. Any information | ||
relevant to any additional aggravating
factors or any | ||
mitigating factors indicated in subsection (c) may be
presented | ||
by the State or defendant regardless of its admissibility
under | ||
the rules governing the admission of evidence at criminal | ||
trials.
The State and the defendant shall be given fair | ||
opportunity to rebut any
information received at the hearing.
| ||
(f) Proof.
| ||
The burden of proof of establishing the existence of any of | ||
the
factors set forth in subsection (b) is on the State and | ||
shall not be
satisfied unless established beyond a reasonable | ||
doubt.
| ||
(g) Procedure - Jury.
| ||
If at the separate sentencing proceeding the jury finds | ||
that none of
the factors set forth in subsection (b) exists, | ||
the court shall sentence
the defendant to a term of |
imprisonment under Chapter V of the Unified
Code of | ||
Corrections. If there is a unanimous finding by the jury that
| ||
one or more of the factors set forth in subsection (b) exist, | ||
the jury
shall consider aggravating and mitigating factors as | ||
instructed by the
court and shall determine whether the | ||
sentence of death shall be
imposed. If the jury determines | ||
unanimously, after weighing the factors in
aggravation and | ||
mitigation, that death is the appropriate sentence, the court | ||
shall sentence the defendant to death.
If the court does not | ||
concur with the jury determination that death is the
| ||
appropriate sentence, the court shall set forth reasons in | ||
writing
including what facts or circumstances the court relied | ||
upon,
along with any relevant
documents, that compelled the | ||
court to non-concur with the sentence. This
document and any | ||
attachments shall be part of the record for appellate
review. | ||
The court shall be bound by the jury's sentencing | ||
determination.
| ||
If after weighing the factors in aggravation and | ||
mitigation, one or more
jurors determines that death is not the | ||
appropriate sentence,
the
court shall sentence the defendant to | ||
a term of imprisonment under
Chapter V of the Unified Code of | ||
Corrections.
| ||
(h) Procedure - No Jury.
| ||
In a proceeding before the court alone, if the court finds | ||
that none
of the factors found in subsection (b) exists, the | ||
court shall sentence
the defendant to a term of imprisonment |
under Chapter V of the Unified
Code of Corrections.
| ||
If the Court determines that one or more of the factors set | ||
forth in
subsection (b) exists, the Court shall consider any | ||
aggravating and
mitigating factors as indicated in subsection | ||
(c). If the Court
determines, after weighing the factors in | ||
aggravation and mitigation, that
death is the appropriate | ||
sentence, the Court shall sentence the
defendant to death.
| ||
If
the court finds that death is not the
appropriate | ||
sentence, the
court shall sentence the defendant to a term of | ||
imprisonment under
Chapter V of the Unified Code of | ||
Corrections.
| ||
(h-5) Decertification as a capital case.
| ||
In a case in which the defendant has been found guilty of | ||
first degree murder
by a judge or jury, or a case on remand for | ||
resentencing, and the State seeks
the death penalty as an | ||
appropriate
sentence,
on the court's own motion or the written | ||
motion of the defendant, the court
may decertify the case as a | ||
death penalty case if the court finds that the only
evidence | ||
supporting the defendant's conviction is the uncorroborated | ||
testimony
of an informant witness, as defined in Section 115-21 | ||
of the Code of Criminal
Procedure of 1963, concerning the | ||
confession or admission of the defendant or
that the sole | ||
evidence against the defendant is a single eyewitness or single
| ||
accomplice without any other corroborating evidence.
If the | ||
court decertifies the case as a capital case
under either of | ||
the grounds set forth above, the court shall issue a
written |
finding. The State may pursue its right to appeal the | ||
decertification
pursuant to Supreme Court Rule 604(a)(1). If | ||
the court does not
decertify the case as a capital case, the | ||
matter shall proceed to the
eligibility phase of the sentencing | ||
hearing.
| ||
(i) Appellate Procedure.
| ||
The conviction and sentence of death shall be subject to | ||
automatic
review by the Supreme Court. Such review shall be in | ||
accordance with
rules promulgated by the Supreme Court.
The | ||
Illinois Supreme Court may overturn the death sentence, and | ||
order the
imposition of imprisonment under Chapter V of the | ||
Unified Code of
Corrections if the court finds that the death | ||
sentence is fundamentally
unjust as applied to the particular | ||
case.
If the Illinois Supreme Court finds that the
death | ||
sentence is fundamentally unjust as applied to the particular | ||
case,
independent of any procedural grounds for relief, the | ||
Illinois Supreme Court
shall issue a written opinion explaining | ||
this finding.
| ||
(j) Disposition of reversed death sentence.
| ||
In the event that the death penalty in this Act is held to | ||
be
unconstitutional by the Supreme Court of the United States | ||
or of the
State of Illinois, any person convicted of first | ||
degree murder shall be
sentenced by the court to a term of | ||
imprisonment under Chapter V of the
Unified Code of | ||
Corrections.
| ||
In the event that any death sentence pursuant to the |
sentencing
provisions of this Section is declared | ||
unconstitutional by the Supreme
Court of the United States or | ||
of the State of Illinois, the court having
jurisdiction over a | ||
person previously sentenced to death shall cause the
defendant | ||
to be brought before the court, and the court shall sentence
| ||
the defendant to a term of imprisonment under Chapter V of the
| ||
Unified Code of Corrections.
| ||
(k) Guidelines for seeking the death penalty.
| ||
The Attorney General and
State's Attorneys Association | ||
shall consult on voluntary guidelines for
procedures governing | ||
whether or not to seek the death penalty. The guidelines
do not
| ||
have the force of law and are only advisory in nature.
| ||
(Source: P.A. 99-143, eff. 7-27-15; 100-460, eff. 1-1-18; | ||
100-513, eff. 1-1-18; revised 10-5-17.)
| ||
(720 ILCS 5/11-9.1) (from Ch. 38, par. 11-9.1)
| ||
Sec. 11-9.1. Sexual exploitation of a child.
| ||
(a) A person commits sexual exploitation of a child if in | ||
the presence
or virtual presence, or both, of a child and with | ||
knowledge that a child or one whom he or she believes to be a | ||
child would view his or her
acts, that person:
| ||
(1) engages in a sexual act; or
| ||
(2) exposes his or her sex organs, anus or breast for | ||
the purpose of
sexual arousal or gratification of such | ||
person or the child or one whom he or she believes to be a | ||
child.
|
(a-5) A person commits sexual exploitation of a child who | ||
knowingly
entices, coerces, or persuades a child to remove the | ||
child's clothing for the
purpose of sexual arousal or | ||
gratification of the person or the child, or
both.
| ||
(b) Definitions. As used in this Section:
| ||
"Sexual act" means masturbation, sexual conduct or sexual | ||
penetration
as defined in Section 11-0.1 of this Code.
| ||
"Sex offense" means any violation
of
Article 11 of this | ||
Code or Section 12-5.01 of this Code.
| ||
"Child" means a person under 17 years of age.
| ||
"Virtual presence" means an environment that is created | ||
with software and presented to the user and or receiver via the | ||
Internet, in such a way that the user appears in front of the | ||
receiver on the computer monitor or screen or hand-held hand | ||
held portable electronic device, usually through a web camming | ||
program. "Virtual presence" includes primarily experiencing | ||
through sight or sound, or both, a video image that can be | ||
explored interactively at a personal computer or hand-held hand | ||
held communication device, or both. | ||
"Webcam" means a video capturing device connected to a | ||
computer or computer network that is designed to take digital | ||
photographs or live or recorded video which allows for the live | ||
transmission to an end user over the Internet. | ||
(c) Sentence.
| ||
(1) Sexual exploitation of a child is a Class A | ||
misdemeanor. A second
or subsequent violation of this |
Section or a substantially similar law of another state is | ||
a Class 4 felony.
| ||
(2) Sexual exploitation of a child is a Class 4 felony | ||
if the person has
been previously convicted of a sex | ||
offense. | ||
(3) Sexual exploitation of a child is a Class 4 felony | ||
if the victim was under 13 years of age at the time of the | ||
commission of the offense.
| ||
(4) Sexual exploitation of a child is a Class 4 felony | ||
if committed by a person 18 years of age or older who is on | ||
or within 500 feet of elementary or secondary school | ||
grounds when children are present on the grounds. | ||
(Source: P.A. 96-1090, eff. 1-1-11; 96-1098, eff. 1-1-11; | ||
96-1551, eff. 7-1-11; 97-333, eff. 8-12-11; 97-1150, eff. | ||
1-25-13; revised 10-5-17.)
| ||
(720 ILCS 5/12-7.1) (from Ch. 38, par. 12-7.1)
| ||
Sec. 12-7.1. Hate crime.
| ||
(a) A person commits hate crime when, by reason of the | ||
actual or
perceived race, color, creed, religion, ancestry, | ||
gender, sexual orientation,
physical or mental disability, or | ||
national origin of another individual or
group of individuals, | ||
regardless of the existence of any other motivating
factor or | ||
factors, he or she commits assault, battery, aggravated | ||
assault, intimidation, stalking, cyberstalking, misdemeanor
| ||
theft, criminal trespass to residence, misdemeanor criminal |
damage
to property, criminal trespass to vehicle, criminal | ||
trespass to real property,
mob action, disorderly conduct, | ||
transmission of obscene messages, harassment by telephone, or | ||
harassment through electronic
communications as these crimes | ||
are defined in Sections 12-1,
12-2, 12-3(a), 12-7.3, 12-7.5, | ||
16-1, 19-4, 21-1, 21-2, 21-3, 25-1, 26-1, 26.5-1, 26.5-2, | ||
paragraphs (a)(1), (a)(2), and (a)(3) of Section 12-6, and | ||
paragraphs (a)(2) and (a)(5) of Section 26.5-3 of this Code,
| ||
respectively.
| ||
(b) Except as provided in subsection (b-5), hate crime is a | ||
Class 4
felony for a first offense and a Class 2 felony for a | ||
second or subsequent
offense.
| ||
(b-5) Hate crime is a Class 3 felony for a first offense | ||
and a Class 2
felony for a second or subsequent offense if | ||
committed:
| ||
(1) in, or upon the exterior or grounds of, a church, | ||
synagogue, mosque, or other building, structure, or place
| ||
identified or associated with a particular religion or used | ||
for religious worship or other religious purpose;
| ||
(2) in a cemetery, mortuary, or other facility used for | ||
the purpose of
burial or memorializing the dead;
| ||
(3) in a school or other educational facility, | ||
including an administrative facility or public or private | ||
dormitory facility of or associated with the school or | ||
other educational facility;
| ||
(4) in a public park or an ethnic or religious |
community center;
| ||
(5) on the real property comprising any location | ||
specified in
clauses (1) through (4) of this subsection | ||
(b-5); or
| ||
(6) on a public way within 1,000 feet of the real | ||
property comprising any
location specified in clauses (1) | ||
through (4) of this subsection (b-5).
| ||
(b-10) Upon imposition of any sentence,
the trial
court | ||
shall also either order restitution paid to the victim
or | ||
impose a fine in an amount to be determined by the court based | ||
on the severity of the crime and the injury or damages suffered | ||
by the victim. In addition, any order of probation or
| ||
conditional discharge entered following a conviction or an | ||
adjudication of
delinquency shall include a condition that the | ||
offender perform public or
community service of no less than | ||
200 hours if that service is established in
the county where | ||
the offender was convicted of hate crime. In addition, any | ||
order of probation or
conditional discharge entered following a | ||
conviction or an adjudication of
delinquency shall include a | ||
condition that the offender enroll in an educational program | ||
discouraging hate crimes involving the protected class | ||
identified in subsection (a) that gave rise to the offense the | ||
offender committed. The educational program must be attended by | ||
the offender in-person and may be administered, as determined | ||
by the court, by a university, college, community college, | ||
non-profit organization, the Illinois Holocaust and Genocide |
Commission, or any other organization that provides | ||
educational programs discouraging hate crimes, except that | ||
programs administered online or that can otherwise be attended | ||
remotely are prohibited. The court may also
impose any other | ||
condition of probation or conditional discharge under this
| ||
Section. If the court sentences the offender to imprisonment or | ||
periodic imprisonment for a violation of this Section, as a | ||
condition of the offender's mandatory supervised release, the | ||
court shall require that the offender perform public or | ||
community service of no less than 200 hours and enroll in an | ||
educational program discouraging hate crimes involving the | ||
protected class
identified in subsection (a) that gave rise to | ||
the offense the offender committed.
| ||
(c) Independent of any criminal prosecution or the result
| ||
of a criminal prosecution, any
person suffering injury to his | ||
or her person, damage to his or her property, intimidation as | ||
defined in paragraphs (a)(1), (a)(2), and (a)(3) of Section | ||
12-6 of this Code, stalking as defined in Section 12-7.3 of | ||
this Code, cyberstalking as defined in Section 12-7.5 of this | ||
Code, disorderly conduct as defined in paragraph (a)(1) of | ||
Section 26-1 of this Code, transmission of obscene messages as | ||
defined in Section 26.5-1 of this Code, harassment by telephone | ||
as defined in Section 26.5-2 of this Code, or harassment | ||
through electronic communications as defined in paragraphs | ||
(a)(2) and (a)(5) of Section 26.5-3 of this Code as a result
of | ||
a hate crime may bring a civil action for damages, injunction
|
or other appropriate relief. The court may award actual | ||
damages, including
damages for emotional distress, as well as | ||
punitive damages. The court may impose a civil penalty up to | ||
$25,000 for each violation of this subsection (c). A judgment | ||
in favor of a person who brings a civil action under this | ||
subsection (c) shall include
attorney's fees and costs. After | ||
consulting with the local State's Attorney, the Attorney | ||
General may bring a civil action in the name of the People of | ||
the State for an injunction or other equitable relief under | ||
this subsection (c). In addition, the Attorney General may | ||
request and the court may impose a civil penalty up to $25,000 | ||
for each violation under this subsection (c). The parents or | ||
legal guardians, other than
guardians appointed pursuant to the | ||
Juvenile Court Act or the Juvenile
Court Act of 1987, of an | ||
unemancipated minor shall be liable for the amount
of any | ||
judgment for all damages rendered against such minor under this
| ||
subsection (c) in any amount not exceeding the amount provided | ||
under
Section 5 of the Parental Responsibility Law.
| ||
(d) "Sexual orientation" has the meaning ascribed to it in | ||
paragraph (O-1) of Section 1-103 of the Illinois Human Rights | ||
Act.
| ||
(Source: P.A. 99-77, eff. 1-1-16; 100-197, eff. 1-1-18; | ||
100-260, eff. 1-1-18; revised 10-5-17.)
| ||
Section 570. The Cannabis Control Act is amended by | ||
changing Section 14 as follows:
|
(720 ILCS 550/14) (from Ch. 56 1/2, par. 714)
| ||
Sec. 14.
(a) The Director shall cooperate with Federal and | ||
other State agencies
in discharging his responsibilities | ||
concerning traffic in cannabis and in
suppressing the use of | ||
cannabis. To this end , he may:
| ||
(1) arrange for the exchange of information among | ||
governmental officials
concerning the use of cannabis;
| ||
(2) coordinate and cooperate in training programs | ||
concerning cannabis
law enforcement at local and State | ||
levels;
| ||
(3) cooperate with the Bureau of Narcotics and | ||
Dangerous Drugs, United
States Department of Justice, or | ||
its successor agency; and
| ||
(4) conduct programs of eradication aimed at | ||
destroying wild illicit
growth of plant species from which | ||
cannabis may be extracted.
| ||
(Source: P.A. 77-758; revised 11-8-17.)
| ||
Section 575. The Illinois Controlled Substances Act is | ||
amended by changing Sections 102, 204, and 303.05 as follows: | ||
(720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) | ||
Sec. 102. Definitions. As used in this Act, unless the | ||
context
otherwise requires:
| ||
(a) "Addict" means any person who habitually uses any drug, |
chemical,
substance or dangerous drug other than alcohol so as | ||
to endanger the public
morals, health, safety or welfare or who | ||
is so far addicted to the use of a
dangerous drug or controlled | ||
substance other than alcohol as to have lost
the power of self | ||
control with reference to his or her addiction.
| ||
(b) "Administer" means the direct application of a | ||
controlled
substance, whether by injection, inhalation, | ||
ingestion, or any other
means, to the body of a patient, | ||
research subject, or animal (as
defined by the Humane | ||
Euthanasia in Animal Shelters Act) by:
| ||
(1) a practitioner (or, in his or her presence, by his | ||
or her authorized agent),
| ||
(2) the patient or research subject pursuant to an | ||
order, or
| ||
(3) a euthanasia technician as defined by the Humane | ||
Euthanasia in
Animal Shelters Act.
| ||
(c) "Agent" means an authorized person who acts on behalf | ||
of or at
the direction of a manufacturer, distributor, | ||
dispenser, prescriber, or practitioner. It does not
include a | ||
common or contract carrier, public warehouseman or employee of
| ||
the carrier or warehouseman.
| ||
(c-1) "Anabolic Steroids" means any drug or hormonal | ||
substance,
chemically and pharmacologically related to | ||
testosterone (other than
estrogens, progestins, | ||
corticosteroids, and dehydroepiandrosterone),
and includes:
| ||
(i) 3[beta],17-dihydroxy-5a-androstane, |
(ii) 3[alpha],17[beta]-dihydroxy-5a-androstane, | ||
(iii) 5[alpha]-androstan-3,17-dione, | ||
(iv) 1-androstenediol (3[beta], | ||
17[beta]-dihydroxy-5[alpha]-androst-1-ene), | ||
(v) 1-androstenediol (3[alpha], | ||
17[beta]-dihydroxy-5[alpha]-androst-1-ene), | ||
(vi) 4-androstenediol | ||
(3[beta],17[beta]-dihydroxy-androst-4-ene), | ||
(vii) 5-androstenediol | ||
(3[beta],17[beta]-dihydroxy-androst-5-ene), | ||
(viii) 1-androstenedione | ||
([5alpha]-androst-1-en-3,17-dione), | ||
(ix) 4-androstenedione | ||
(androst-4-en-3,17-dione), | ||
(x) 5-androstenedione | ||
(androst-5-en-3,17-dione), | ||
(xi) bolasterone (7[alpha],17a-dimethyl-17[beta]- | ||
hydroxyandrost-4-en-3-one), | ||
(xii) boldenone (17[beta]-hydroxyandrost- | ||
1,4,-diene-3-one), | ||
(xiii) boldione (androsta-1,4- | ||
diene-3,17-dione), | ||
(xiv) calusterone (7[beta],17[alpha]-dimethyl-17 | ||
[beta]-hydroxyandrost-4-en-3-one), | ||
(xv) clostebol (4-chloro-17[beta]- | ||
hydroxyandrost-4-en-3-one), |
(xvi) dehydrochloromethyltestosterone (4-chloro- | ||
17[beta]-hydroxy-17[alpha]-methyl- | ||
androst-1,4-dien-3-one), | ||
(xvii) desoxymethyltestosterone | ||
(17[alpha]-methyl-5[alpha] | ||
-androst-2-en-17[beta]-ol)(a.k.a., madol), | ||
(xviii) [delta]1-dihydrotestosterone (a.k.a. | ||
'1-testosterone') (17[beta]-hydroxy- | ||
5[alpha]-androst-1-en-3-one), | ||
(xix) 4-dihydrotestosterone (17[beta]-hydroxy- | ||
androstan-3-one), | ||
(xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl- | ||
5[alpha]-androstan-3-one), | ||
(xxi) ethylestrenol (17[alpha]-ethyl-17[beta]- | ||
hydroxyestr-4-ene), | ||
(xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl- | ||
1[beta],17[beta]-dihydroxyandrost-4-en-3-one), | ||
(xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha], | ||
17[beta]-dihydroxyandrost-1,4-dien-3-one), | ||
(xxiv) furazabol (17[alpha]-methyl-17[beta]- | ||
hydroxyandrostano[2,3-c]-furazan), | ||
(xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one , ) | ||
(xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy- | ||
androst-4-en-3-one), | ||
(xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]- | ||
dihydroxy-estr-4-en-3-one), |
(xxviii) mestanolone (17[alpha]-methyl-17[beta]- | ||
hydroxy-5-androstan-3-one), | ||
(xxix) mesterolone (1amethyl-17[beta]-hydroxy- | ||
[5a]-androstan-3-one), | ||
(xxx) methandienone (17[alpha]-methyl-17[beta]- | ||
hydroxyandrost-1,4-dien-3-one), | ||
(xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]- | ||
dihydroxyandrost-5-ene), | ||
(xxxii) methenolone (1-methyl-17[beta]-hydroxy- | ||
5[alpha]-androst-1-en-3-one), | ||
(xxxiii) 17[alpha]-methyl-3[beta], 17[beta]- | ||
dihydroxy-5a-androstane ) , | ||
(xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy | ||
-5a-androstane ) , | ||
(xxxv) 17[alpha]-methyl-3[beta],17[beta]- | ||
dihydroxyandrost-4-ene), | ||
(xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]- | ||
methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one), | ||
(xxxvii) methyldienolone (17[alpha]-methyl-17[beta]- | ||
hydroxyestra-4,9(10)-dien-3-one), | ||
(xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]- | ||
hydroxyestra-4,9-11-trien-3-one), | ||
(xxxix) methyltestosterone (17[alpha]-methyl-17[beta]- | ||
hydroxyandrost-4-en-3-one), | ||
(xl) mibolerone (7[alpha],17a-dimethyl-17[beta]- | ||
hydroxyestr-4-en-3-one), |
(xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone | ||
(17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]- | ||
androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl- | ||
1-testosterone'), | ||
(xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one), | ||
(xliii) 19-nor-4-androstenediol (3[beta], 17[beta]- | ||
dihydroxyestr-4-ene), | ||
(xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]- | ||
dihydroxyestr-4-ene), | ||
(xlv) 19-nor-5-androstenediol (3[beta], 17[beta]- | ||
dihydroxyestr-5-ene), | ||
(xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]- | ||
dihydroxyestr-5-ene), | ||
(xlvii) 19-nor-4,9(10)-androstadienedione | ||
(estra-4,9(10)-diene-3,17-dione), | ||
(xlviii) 19-nor-4-androstenedione (estr-4- | ||
en-3,17-dione), | ||
(xlix) 19-nor-5-androstenedione (estr-5- | ||
en-3,17-dione), | ||
(l) norbolethone (13[beta], 17a-diethyl-17[beta]- | ||
hydroxygon-4-en-3-one), | ||
(li) norclostebol (4-chloro-17[beta]- | ||
hydroxyestr-4-en-3-one), | ||
(lii) norethandrolone (17[alpha]-ethyl-17[beta]- | ||
hydroxyestr-4-en-3-one), | ||
(liii) normethandrolone (17[alpha]-methyl-17[beta]- |
hydroxyestr-4-en-3-one), | ||
(liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy- | ||
2-oxa-5[alpha]-androstan-3-one), | ||
(lv) oxymesterone (17[alpha]-methyl-4,17[beta]- | ||
dihydroxyandrost-4-en-3-one), | ||
(lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- | ||
17[beta]-hydroxy-(5[alpha]-androstan-3-one), | ||
(lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy- | ||
(5[alpha]-androst-2-eno[3,2-c]-pyrazole), | ||
(lviii) stenbolone (17[beta]-hydroxy-2-methyl- | ||
(5[alpha]-androst-1-en-3-one), | ||
(lix) testolactone (13-hydroxy-3-oxo-13,17- | ||
secoandrosta-1,4-dien-17-oic | ||
acid lactone), | ||
(lx) testosterone (17[beta]-hydroxyandrost- | ||
4-en-3-one), | ||
(lxi) tetrahydrogestrinone (13[beta], 17[alpha]- | ||
diethyl-17[beta]-hydroxygon- | ||
4,9,11-trien-3-one), | ||
(lxii) trenbolone (17[beta]-hydroxyestr-4,9, | ||
11-trien-3-one).
| ||
Any person who is otherwise lawfully in possession of an | ||
anabolic
steroid, or who otherwise lawfully manufactures, | ||
distributes, dispenses,
delivers, or possesses with intent to | ||
deliver an anabolic steroid, which
anabolic steroid is | ||
expressly intended for and lawfully allowed to be
administered |
through implants to livestock or other nonhuman species, and
| ||
which is approved by the Secretary of Health and Human Services | ||
for such
administration, and which the person intends to | ||
administer or have
administered through such implants, shall | ||
not be considered to be in
unauthorized possession or to | ||
unlawfully manufacture, distribute, dispense,
deliver, or | ||
possess with intent to deliver such anabolic steroid for
| ||
purposes of this Act.
| ||
(d) "Administration" means the Drug Enforcement | ||
Administration,
United States Department of Justice, or its | ||
successor agency.
| ||
(d-5) "Clinical Director, Prescription Monitoring Program" | ||
means a Department of Human Services administrative employee | ||
licensed to either prescribe or dispense controlled substances | ||
who shall run the clinical aspects of the Department of Human | ||
Services Prescription Monitoring Program and its Prescription | ||
Information Library. | ||
(d-10) "Compounding" means the preparation and mixing of | ||
components, excluding flavorings, (1) as the result of a | ||
prescriber's prescription drug order or initiative based on the | ||
prescriber-patient-pharmacist relationship in the course of | ||
professional practice or (2) for the purpose of, or incident | ||
to, research, teaching, or chemical analysis and not for sale | ||
or dispensing. "Compounding" includes the preparation of drugs | ||
or devices in anticipation of receiving prescription drug | ||
orders based on routine, regularly observed dispensing |
patterns. Commercially available products may be compounded | ||
for dispensing to individual patients only if both of the | ||
following conditions are met: (i) the commercial product is not | ||
reasonably available from normal distribution channels in a | ||
timely manner to meet the patient's needs and (ii) the | ||
prescribing practitioner has requested that the drug be | ||
compounded. | ||
(e) "Control" means to add a drug or other substance, or | ||
immediate
precursor, to a Schedule whether by
transfer from | ||
another Schedule or otherwise.
| ||
(f) "Controlled Substance" means (i) a drug, substance, | ||
immediate
precursor, or synthetic drug in the Schedules of | ||
Article II of this Act or (ii) a drug or other substance, or | ||
immediate precursor, designated as a controlled substance by | ||
the Department through administrative rule. The term does not | ||
include distilled spirits, wine, malt beverages, or tobacco, as | ||
those terms are
defined or used in the Liquor Control Act of | ||
1934 and the Tobacco Products Tax
Act of 1995.
| ||
(f-5) "Controlled substance analog" means a substance: | ||
(1) the chemical structure of which is substantially | ||
similar to the chemical structure of a controlled substance | ||
in Schedule I or II; | ||
(2) which has a stimulant, depressant, or | ||
hallucinogenic effect on the central nervous system that is | ||
substantially similar to or greater than the stimulant, | ||
depressant, or hallucinogenic effect on the central |
nervous system of a controlled substance in Schedule I or | ||
II; or | ||
(3) with respect to a particular person, which such | ||
person represents or intends to have a stimulant, | ||
depressant, or hallucinogenic effect on the central | ||
nervous system that is substantially similar to or greater | ||
than the stimulant, depressant, or hallucinogenic effect | ||
on the central nervous system of a controlled substance in | ||
Schedule I or II. | ||
(g) "Counterfeit substance" means a controlled substance, | ||
which, or
the container or labeling of which, without | ||
authorization bears the
trademark, trade name, or other | ||
identifying mark, imprint, number or
device, or any likeness | ||
thereof, of a manufacturer, distributor, or
dispenser other | ||
than the person who in fact manufactured, distributed,
or | ||
dispensed the substance.
| ||
(h) "Deliver" or "delivery" means the actual, constructive | ||
or
attempted transfer of possession of a controlled substance, | ||
with or
without consideration, whether or not there is an | ||
agency relationship.
| ||
(i) "Department" means the Illinois Department of Human | ||
Services (as
successor to the Department of Alcoholism and | ||
Substance Abuse) or its successor agency.
| ||
(j) (Blank).
| ||
(k) "Department of Corrections" means the Department of | ||
Corrections
of the State of Illinois or its successor agency.
|
(l) "Department of Financial and Professional Regulation" | ||
means the Department
of Financial and Professional Regulation | ||
of the State of Illinois or its successor agency.
| ||
(m) "Depressant" means any drug that (i) causes an overall | ||
depression of central nervous system functions, (ii) causes | ||
impaired consciousness and awareness, and (iii) can be | ||
habit-forming or lead to a substance abuse problem, including | ||
but not limited to alcohol, cannabis and its active principles | ||
and their analogs, benzodiazepines and their analogs, | ||
barbiturates and their analogs, opioids (natural and | ||
synthetic) and their analogs, and chloral hydrate and similar | ||
sedative hypnotics.
| ||
(n) (Blank).
| ||
(o) "Director" means the Director of the Illinois State | ||
Police or his or her designated agents.
| ||
(p) "Dispense" means to deliver a controlled substance to | ||
an
ultimate user or research subject by or pursuant to the | ||
lawful order of
a prescriber, including the prescribing, | ||
administering, packaging,
labeling, or compounding necessary | ||
to prepare the substance for that
delivery.
| ||
(q) "Dispenser" means a practitioner who dispenses.
| ||
(r) "Distribute" means to deliver, other than by | ||
administering or
dispensing, a controlled substance.
| ||
(s) "Distributor" means a person who distributes.
| ||
(t) "Drug" means (1) substances recognized as drugs in the | ||
official
United States Pharmacopoeia, Official Homeopathic |
Pharmacopoeia of the
United States, or official National | ||
Formulary, or any supplement to any
of them; (2) substances | ||
intended for use in diagnosis, cure, mitigation,
treatment, or | ||
prevention of disease in man or animals; (3) substances
(other | ||
than food) intended to affect the structure of any function of
| ||
the body of man or animals and (4) substances intended for use | ||
as a
component of any article specified in clause (1), (2), or | ||
(3) of this
subsection. It does not include devices or their | ||
components, parts, or
accessories.
| ||
(t-3) "Electronic health record" or "EHR" means an | ||
electronic record of health-related information on an | ||
individual that is created, gathered, managed, and consulted by | ||
authorized health care clinicians and staff. | ||
(t-4) "Emergency medical services personnel" has the | ||
meaning ascribed to it in the Emergency Medical Services (EMS) | ||
Systems Act. | ||
(t-5) "Euthanasia agency" means
an entity certified by the | ||
Department of Financial and Professional Regulation for the
| ||
purpose of animal euthanasia that holds an animal control | ||
facility license or
animal
shelter license under the Animal | ||
Welfare Act. A euthanasia agency is
authorized to purchase, | ||
store, possess, and utilize Schedule II nonnarcotic and
| ||
Schedule III nonnarcotic drugs for the sole purpose of animal | ||
euthanasia.
| ||
(t-10) "Euthanasia drugs" means Schedule II or Schedule III | ||
substances
(nonnarcotic controlled substances) that are used |
by a euthanasia agency for
the purpose of animal euthanasia.
| ||
(u) "Good faith" means the prescribing or dispensing of a | ||
controlled
substance by a practitioner in the regular course of | ||
professional
treatment to or for any person who is under his or | ||
her treatment for a
pathology or condition other than that | ||
individual's physical or
psychological dependence upon or | ||
addiction to a controlled substance,
except as provided herein: | ||
and application of the term to a pharmacist
shall mean the | ||
dispensing of a controlled substance pursuant to the
| ||
prescriber's order which in the professional judgment of the | ||
pharmacist
is lawful. The pharmacist shall be guided by | ||
accepted professional
standards including, but not limited to | ||
the following, in making the
judgment:
| ||
(1) lack of consistency of prescriber-patient | ||
relationship,
| ||
(2) frequency of prescriptions for same drug by one | ||
prescriber for
large numbers of patients,
| ||
(3) quantities beyond those normally prescribed,
| ||
(4) unusual dosages (recognizing that there may be | ||
clinical circumstances where more or less than the usual | ||
dose may be used legitimately),
| ||
(5) unusual geographic distances between patient, | ||
pharmacist and
prescriber,
| ||
(6) consistent prescribing of habit-forming drugs.
| ||
(u-0.5) "Hallucinogen" means a drug that causes markedly | ||
altered sensory perception leading to hallucinations of any |
type. | ||
(u-1) "Home infusion services" means services provided by a | ||
pharmacy in
compounding solutions for direct administration to | ||
a patient in a private
residence, long-term care facility, or | ||
hospice setting by means of parenteral,
intravenous, | ||
intramuscular, subcutaneous, or intraspinal infusion.
| ||
(u-5) "Illinois State Police" means the State
Police of the | ||
State of Illinois, or its successor agency. | ||
(v) "Immediate precursor" means a substance:
| ||
(1) which the Department has found to be and by rule | ||
designated as
being a principal compound used, or produced | ||
primarily for use, in the
manufacture of a controlled | ||
substance;
| ||
(2) which is an immediate chemical intermediary used or | ||
likely to
be used in the manufacture of such controlled | ||
substance; and
| ||
(3) the control of which is necessary to prevent, | ||
curtail or limit
the manufacture of such controlled | ||
substance.
| ||
(w) "Instructional activities" means the acts of teaching, | ||
educating
or instructing by practitioners using controlled | ||
substances within
educational facilities approved by the State | ||
Board of Education or
its successor agency.
| ||
(x) "Local authorities" means a duly organized State, | ||
County or
Municipal peace unit or police force.
| ||
(y) "Look-alike substance" means a substance, other than a |
controlled
substance which (1) by overall dosage unit | ||
appearance, including shape,
color, size, markings or lack | ||
thereof, taste, consistency, or any other
identifying physical | ||
characteristic of the substance, would lead a reasonable
person | ||
to believe that the substance is a controlled substance, or (2) | ||
is
expressly or impliedly represented to be a controlled | ||
substance or is
distributed under circumstances which would | ||
lead a reasonable person to
believe that the substance is a | ||
controlled substance. For the purpose of
determining whether | ||
the representations made or the circumstances of the
| ||
distribution would lead a reasonable person to believe the | ||
substance to be
a controlled substance under this clause (2) of | ||
subsection (y), the court or
other authority may consider the | ||
following factors in addition to any other
factor that may be | ||
relevant:
| ||
(a) statements made by the owner or person in control | ||
of the substance
concerning its nature, use or effect;
| ||
(b) statements made to the buyer or recipient that the | ||
substance may
be resold for profit;
| ||
(c) whether the substance is packaged in a manner | ||
normally used for the
illegal distribution of controlled | ||
substances;
| ||
(d) whether the distribution or attempted distribution | ||
included an
exchange of or demand for money or other | ||
property as consideration, and
whether the amount of the | ||
consideration was substantially greater than the
|
reasonable retail market value of the substance.
| ||
Clause (1) of this subsection (y) shall not apply to a | ||
noncontrolled
substance in its finished dosage form that was | ||
initially introduced into
commerce prior to the initial | ||
introduction into commerce of a controlled
substance in its | ||
finished dosage form which it may substantially resemble.
| ||
Nothing in this subsection (y) prohibits the dispensing or | ||
distributing
of noncontrolled substances by persons authorized | ||
to dispense and
distribute controlled substances under this | ||
Act, provided that such action
would be deemed to be carried | ||
out in good faith under subsection (u) if the
substances | ||
involved were controlled substances.
| ||
Nothing in this subsection (y) or in this Act prohibits the | ||
manufacture,
preparation, propagation, compounding, | ||
processing, packaging, advertising
or distribution of a drug or | ||
drugs by any person registered pursuant to
Section 510 of the | ||
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
| ||
(y-1) "Mail-order pharmacy" means a pharmacy that is | ||
located in a state
of the United States that delivers, | ||
dispenses or
distributes, through the United States Postal | ||
Service or other common
carrier, to Illinois residents, any | ||
substance which requires a prescription.
| ||
(z) "Manufacture" means the production, preparation, | ||
propagation,
compounding, conversion or processing of a | ||
controlled substance other than methamphetamine, either
| ||
directly or indirectly, by extraction from substances of |
natural origin,
or independently by means of chemical | ||
synthesis, or by a combination of
extraction and chemical | ||
synthesis, and includes any packaging or
repackaging of the | ||
substance or labeling of its container, except that
this term | ||
does not include:
| ||
(1) by an ultimate user, the preparation or compounding | ||
of a
controlled substance for his or her own use; or
| ||
(2) by a practitioner, or his or her authorized agent | ||
under his or her
supervision, the preparation, | ||
compounding, packaging, or labeling of a
controlled | ||
substance:
| ||
(a) as an incident to his or her administering or | ||
dispensing of a
controlled substance in the course of | ||
his or her professional practice; or
| ||
(b) as an incident to lawful research, teaching or | ||
chemical
analysis and not for sale.
| ||
(z-1) (Blank).
| ||
(z-5) "Medication shopping" means the conduct prohibited | ||
under subsection (a) of Section 314.5 of this Act. | ||
(z-10) "Mid-level practitioner" means (i) a physician | ||
assistant who has been delegated authority to prescribe through | ||
a written delegation of authority by a physician licensed to | ||
practice medicine in all of its branches, in accordance with | ||
Section 7.5 of the Physician Assistant Practice Act of 1987, | ||
(ii) an advanced practice registered nurse who has been | ||
delegated authority to prescribe through a written delegation |
of authority by a physician licensed to practice medicine in | ||
all of its branches or by a podiatric physician, in accordance | ||
with Section 65-40 of the Nurse Practice Act, (iii) an advanced | ||
practice registered nurse certified as a nurse practitioner, | ||
nurse midwife, or clinical nurse specialist who has been | ||
granted authority to prescribe by a hospital affiliate in | ||
accordance with Section 65-45 of the Nurse Practice Act, (iv) | ||
an animal euthanasia agency, or (v) a prescribing psychologist. | ||
(aa) "Narcotic drug" means any of the following, whether | ||
produced
directly or indirectly by extraction from substances | ||
of vegetable origin,
or independently by means of chemical | ||
synthesis, or by a combination of
extraction and chemical | ||
synthesis:
| ||
(1) opium, opiates, derivatives of opium and opiates, | ||
including their isomers, esters, ethers, salts, and salts | ||
of isomers, esters, and ethers, whenever the existence of | ||
such isomers, esters, ethers, and salts is possible within | ||
the specific chemical designation; however the term | ||
"narcotic drug" does not include the isoquinoline | ||
alkaloids of opium;
| ||
(2) (blank);
| ||
(3) opium poppy and poppy straw;
| ||
(4) coca leaves, except coca leaves and extracts of | ||
coca leaves from which substantially all of the cocaine and | ||
ecgonine, and their isomers, derivatives and salts, have | ||
been removed;
|
(5) cocaine, its salts, optical and geometric isomers, | ||
and salts of isomers; | ||
(6) ecgonine, its derivatives, their salts, isomers, | ||
and salts of isomers; | ||
(7) any compound, mixture, or preparation which | ||
contains any quantity of any of the substances referred to | ||
in subparagraphs (1) through (6). | ||
(bb) "Nurse" means a registered nurse licensed under the
| ||
Nurse Practice Act.
| ||
(cc) (Blank).
| ||
(dd) "Opiate" means any substance having an addiction | ||
forming or
addiction sustaining liability similar to morphine | ||
or being capable of
conversion into a drug having addiction | ||
forming or addiction sustaining
liability.
| ||
(ee) "Opium poppy" means the plant of the species Papaver
| ||
somniferum L., except its seeds.
| ||
(ee-5) "Oral dosage" means a tablet, capsule, elixir, or | ||
solution or other liquid form of medication intended for | ||
administration by mouth, but the term does not include a form | ||
of medication intended for buccal, sublingual, or transmucosal | ||
administration. | ||
(ff) "Parole and Pardon Board" means the Parole and Pardon | ||
Board of
the State of Illinois or its successor agency.
| ||
(gg) "Person" means any individual, corporation, | ||
mail-order pharmacy,
government or governmental subdivision or | ||
agency, business trust, estate,
trust, partnership or |
association, or any other entity.
| ||
(hh) "Pharmacist" means any person who holds a license or | ||
certificate of
registration as a registered pharmacist, a local | ||
registered pharmacist
or a registered assistant pharmacist | ||
under the Pharmacy Practice Act.
| ||
(ii) "Pharmacy" means any store, ship or other place in | ||
which
pharmacy is authorized to be practiced under the Pharmacy | ||
Practice Act.
| ||
(ii-5) "Pharmacy shopping" means the conduct prohibited | ||
under subsection (b) of Section 314.5 of this Act. | ||
(ii-10) "Physician" (except when the context otherwise | ||
requires) means a person licensed to practice medicine in all | ||
of its branches. | ||
(jj) "Poppy straw" means all parts, except the seeds, of | ||
the opium
poppy, after mowing.
| ||
(kk) "Practitioner" means a physician licensed to practice | ||
medicine in all
its branches, dentist, optometrist, podiatric | ||
physician,
veterinarian, scientific investigator, pharmacist, | ||
physician assistant,
advanced practice registered nurse,
| ||
licensed practical
nurse, registered nurse, emergency medical | ||
services personnel, hospital, laboratory, or pharmacy, or | ||
other
person licensed, registered, or otherwise lawfully | ||
permitted by the
United States or this State to distribute, | ||
dispense, conduct research
with respect to, administer or use | ||
in teaching or chemical analysis, a
controlled substance in the | ||
course of professional practice or research.
|
(ll) "Pre-printed prescription" means a written | ||
prescription upon which
the designated drug has been indicated | ||
prior to the time of issuance; the term does not mean a written | ||
prescription that is individually generated by machine or | ||
computer in the prescriber's office.
| ||
(mm) "Prescriber" means a physician licensed to practice | ||
medicine in all
its branches, dentist, optometrist, | ||
prescribing psychologist licensed under Section 4.2 of the | ||
Clinical Psychologist Licensing Act with prescriptive | ||
authority delegated under Section 4.3 of the Clinical | ||
Psychologist Licensing Act, podiatric physician, or
| ||
veterinarian who issues a prescription, a physician assistant | ||
who
issues a
prescription for a controlled substance
in | ||
accordance
with Section 303.05, a written delegation, and a | ||
written collaborative agreement required under Section 7.5
of | ||
the
Physician Assistant Practice Act of 1987, an advanced | ||
practice registered
nurse with prescriptive authority | ||
delegated under Section 65-40 of the Nurse Practice Act and in | ||
accordance with Section 303.05, a written delegation,
and a | ||
written
collaborative agreement under Section 65-35 of the | ||
Nurse Practice Act, an advanced practice registered nurse | ||
certified as a nurse practitioner, nurse midwife, or clinical | ||
nurse specialist who has been granted authority to prescribe by | ||
a hospital affiliate in accordance with Section 65-45 of the | ||
Nurse Practice Act and in accordance with Section 303.05, or an | ||
advanced practice registered nurse certified as a nurse |
practitioner, nurse midwife, or clinical nurse specialist who | ||
has full practice authority pursuant to Section 65-43 of the | ||
Nurse Practice Act.
| ||
(nn) "Prescription" means a written, facsimile, or oral | ||
order, or an electronic order that complies with applicable | ||
federal requirements,
of
a physician licensed to practice | ||
medicine in all its branches,
dentist, podiatric physician or | ||
veterinarian for any controlled
substance, of an optometrist in | ||
accordance with Section 15.1 of the Illinois Optometric | ||
Practice Act of 1987, of a prescribing psychologist licensed | ||
under Section 4.2 of the Clinical Psychologist Licensing Act | ||
with prescriptive authority delegated under Section 4.3 of the | ||
Clinical Psychologist Licensing Act, of a physician assistant | ||
for a
controlled substance
in accordance with Section 303.05, a | ||
written delegation, and a written collaborative agreement | ||
required under
Section 7.5 of the
Physician Assistant Practice | ||
Act of 1987, of an advanced practice registered
nurse with | ||
prescriptive authority delegated under Section 65-40 of the | ||
Nurse Practice Act who issues a prescription for a
controlled | ||
substance in accordance
with
Section 303.05, a written | ||
delegation, and a written collaborative agreement under | ||
Section 65-35 of the Nurse Practice Act, of an advanced | ||
practice registered nurse certified as a nurse practitioner, | ||
nurse midwife, or clinical nurse specialist who has been | ||
granted authority to prescribe by a hospital affiliate in | ||
accordance with Section 65-45 of the Nurse Practice Act and in |
accordance with Section 303.05 when required by law, or of an | ||
advanced practice registered nurse certified as a nurse | ||
practitioner, nurse midwife, or clinical nurse specialist who | ||
has full practice authority pursuant to Section 65-43 of the | ||
Nurse Practice Act.
| ||
(nn-5) "Prescription Information Library" (PIL) means an | ||
electronic library that contains reported controlled substance | ||
data. | ||
(nn-10) "Prescription Monitoring Program" (PMP) means the | ||
entity that collects, tracks, and stores reported data on | ||
controlled substances and select drugs pursuant to Section 316. | ||
(oo) "Production" or "produce" means manufacture, | ||
planting,
cultivating, growing, or harvesting of a controlled | ||
substance other than methamphetamine.
| ||
(pp) "Registrant" means every person who is required to | ||
register
under Section 302 of this Act.
| ||
(qq) "Registry number" means the number assigned to each | ||
person
authorized to handle controlled substances under the | ||
laws of the United
States and of this State.
| ||
(qq-5) "Secretary" means, as the context requires, either | ||
the Secretary of the Department or the Secretary of the | ||
Department of Financial and Professional Regulation, and the | ||
Secretary's designated agents. | ||
(rr) "State" includes the State of Illinois and any state, | ||
district,
commonwealth, territory, insular possession thereof, | ||
and any area
subject to the legal authority of the United |
States of America.
| ||
(rr-5) "Stimulant" means any drug that (i) causes an | ||
overall excitation of central nervous system functions, (ii) | ||
causes impaired consciousness and awareness, and (iii) can be | ||
habit-forming or lead to a substance abuse problem, including | ||
but not limited to amphetamines and their analogs, | ||
methylphenidate and its analogs, cocaine, and phencyclidine | ||
and its analogs. | ||
(ss) "Ultimate user" means a person who lawfully possesses | ||
a
controlled substance for his or her own use or for the use of | ||
a member of his or her
household or for administering to an | ||
animal owned by him or her or by a member
of his or her | ||
household.
| ||
(Source: P.A. 99-78, eff. 7-20-15; 99-173, eff. 7-29-15; | ||
99-371, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642, eff. 7-28-16; | ||
100-280, eff. 1-1-18; 100-453, eff. 8-25-17; 100-513, eff. | ||
1-1-18; revised 10-6-17.)
| ||
(720 ILCS 570/204) (from Ch. 56 1/2, par. 1204) | ||
Sec. 204. (a) The controlled substances listed in this | ||
Section are
included in Schedule I. | ||
(b) Unless specifically excepted or unless listed in | ||
another
schedule, any of the following opiates, including their | ||
isomers,
esters, ethers, salts, and salts of isomers, esters, | ||
and ethers,
whenever the existence of such isomers, esters, | ||
ethers and salts is
possible within the specific chemical |
designation: | ||
(1) Acetylmethadol; | ||
(1.1) Acetyl-alpha-methylfentanyl | ||
(N-[1-(1-methyl-2-phenethyl)-
| ||
4-piperidinyl]-N-phenylacetamide); | ||
(2) Allylprodine; | ||
(3) Alphacetylmethadol, except
| ||
levo-alphacetylmethadol (also known as levo-alpha-
| ||
acetylmethadol, levomethadyl acetate, or LAAM); | ||
(4) Alphameprodine; | ||
(5) Alphamethadol; | ||
(6) Alpha-methylfentanyl
| ||
(N-(1-alpha-methyl-beta-phenyl) ethyl-4-piperidyl)
| ||
propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-
| ||
propanilido) piperidine; | ||
(6.1) Alpha-methylthiofentanyl
| ||
(N-[1-methyl-2-(2-thienyl)ethyl-
| ||
4-piperidinyl]-N-phenylpropanamide); | ||
(7) 1-methyl-4-phenyl-4-propionoxypiperidine (MPPP); | ||
(7.1) PEPAP
| ||
(1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine); | ||
(8) Benzethidine; | ||
(9) Betacetylmethadol; | ||
(9.1) Beta-hydroxyfentanyl
| ||
(N-[1-(2-hydroxy-2-phenethyl)-
| ||
4-piperidinyl]-N-phenylpropanamide); |
(10) Betameprodine; | ||
(11) Betamethadol; | ||
(12) Betaprodine; | ||
(13) Clonitazene; | ||
(14) Dextromoramide; | ||
(15) Diampromide; | ||
(16) Diethylthiambutene; | ||
(17) Difenoxin; | ||
(18) Dimenoxadol; | ||
(19) Dimepheptanol; | ||
(20) Dimethylthiambutene; | ||
(21) Dioxaphetylbutyrate; | ||
(22) Dipipanone; | ||
(23) Ethylmethylthiambutene; | ||
(24) Etonitazene; | ||
(25) Etoxeridine; | ||
(26) Furethidine; | ||
(27) Hydroxpethidine; | ||
(28) Ketobemidone; | ||
(29) Levomoramide; | ||
(30) Levophenacylmorphan; | ||
(31) 3-Methylfentanyl
| ||
(N-[3-methyl-1-(2-phenylethyl)-
| ||
4-piperidyl]-N-phenylpropanamide); | ||
(31.1) 3-Methylthiofentanyl
| ||
(N-[(3-methyl-1-(2-thienyl)ethyl-
|
4-piperidinyl]-N-phenylpropanamide); | ||
(32) Morpheridine; | ||
(33) Noracymethadol; | ||
(34) Norlevorphanol; | ||
(35) Normethadone; | ||
(36) Norpipanone; | ||
(36.1) Para-fluorofentanyl
| ||
(N-(4-fluorophenyl)-N-[1-(2-phenethyl)-
| ||
4-piperidinyl]propanamide); | ||
(37) Phenadoxone; | ||
(38) Phenampromide; | ||
(39) Phenomorphan; | ||
(40) Phenoperidine; | ||
(41) Piritramide; | ||
(42) Proheptazine; | ||
(43) Properidine; | ||
(44) Propiram; | ||
(45) Racemoramide; | ||
(45.1) Thiofentanyl
| ||
(N-phenyl-N-[1-(2-thienyl)ethyl-
| ||
4-piperidinyl]-propanamide); | ||
(46) Tilidine; | ||
(47) Trimeperidine; | ||
(48) Beta-hydroxy-3-methylfentanyl (other name:
| ||
N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-
| ||
N-phenylpropanamide); |
(49) Furanyl fentanyl (FU-F); | ||
(50) Butyryl fentanyl; | ||
(51) Valeryl fentanyl; | ||
(52) Acetyl fentanyl; | ||
(53) Beta-hydroxy-thiofentanyl; | ||
(54) 3,4-dichloro-N-[2-
| ||
(dimethylamino)cyclohexyl]-N-
| ||
methylbenzamide (U-47700); | ||
(55) 4-chloro-N-[1-[2-
| ||
(4-nitrophenyl)ethyl]-2-piperidinylidene]-
| ||
benzenesulfonamide (W-18); | ||
(56) 4-chloro-N-[1-(2-phenylethyl)
| ||
-2-piperidinylidene]-benzenesulfonamide (W-15); | ||
(57) acrylfentanyl (acryloylfentanyl). | ||
(c) Unless specifically excepted or unless listed in | ||
another
schedule, any of the following opium derivatives, its | ||
salts, isomers
and salts of isomers, whenever the existence of | ||
such salts, isomers and
salts of isomers is possible within the | ||
specific chemical designation: | ||
(1) Acetorphine; | ||
(2) Acetyldihydrocodeine; | ||
(3) Benzylmorphine; | ||
(4) Codeine methylbromide; | ||
(5) Codeine-N-Oxide; | ||
(6) Cyprenorphine; | ||
(7) Desomorphine; |
(8) Diacetyldihydromorphine (Dihydroheroin); | ||
(9) Dihydromorphine; | ||
(10) Drotebanol; | ||
(11) Etorphine (except hydrochloride salt); | ||
(12) Heroin; | ||
(13) Hydromorphinol; | ||
(14) Methyldesorphine; | ||
(15) Methyldihydromorphine; | ||
(16) Morphine methylbromide; | ||
(17) Morphine methylsulfonate; | ||
(18) Morphine-N-Oxide; | ||
(19) Myrophine; | ||
(20) Nicocodeine; | ||
(21) Nicomorphine; | ||
(22) Normorphine; | ||
(23) Pholcodine; | ||
(24) Thebacon. | ||
(d) Unless specifically excepted or unless listed in | ||
another
schedule, any material, compound, mixture, or | ||
preparation which contains
any quantity of the following | ||
hallucinogenic substances, or which
contains any of its salts, | ||
isomers and salts of isomers, whenever the
existence of such | ||
salts, isomers, and salts of isomers is possible
within the | ||
specific chemical designation (for the purposes of this
| ||
paragraph only, the term "isomer" includes the optical, | ||
position and
geometric isomers): |
(1) 3,4-methylenedioxyamphetamine
| ||
(alpha-methyl,3,4-methylenedioxyphenethylamine,
| ||
methylenedioxyamphetamine, MDA); | ||
(1.1) Alpha-ethyltryptamine
| ||
(some trade or other names: etryptamine;
| ||
MONASE; alpha-ethyl-1H-indole-3-ethanamine;
| ||
3-(2-aminobutyl)indole; a-ET; and AET); | ||
(2) 3,4-methylenedioxymethamphetamine (MDMA); | ||
(2.1) 3,4-methylenedioxy-N-ethylamphetamine
| ||
(also known as: N-ethyl-alpha-methyl-
| ||
3,4(methylenedioxy) Phenethylamine, N-ethyl MDA, MDE,
| ||
and MDEA); | ||
(2.2) N-Benzylpiperazine (BZP); | ||
(2.2-1) Trifluoromethylphenylpiperazine (TFMPP); | ||
(3) 3-methoxy-4,5-methylenedioxyamphetamine, (MMDA); | ||
(4) 3,4,5-trimethoxyamphetamine (TMA); | ||
(5) (Blank); | ||
(6) Diethyltryptamine (DET); | ||
(7) Dimethyltryptamine (DMT); | ||
(7.1) 5-Methoxy-diallyltryptamine; | ||
(8) 4-methyl-2,5-dimethoxyamphetamine (DOM, STP); | ||
(9) Ibogaine (some trade and other names:
| ||
7-ethyl-6,6,beta,7,8,9,10,12,13-octahydro-2-methoxy-
| ||
6,9-methano-5H-pyrido [1',2':1,2] azepino [5,4-b]
| ||
indole; Tabernanthe iboga); | ||
(10) Lysergic acid diethylamide; |
(10.1) Salvinorin A; | ||
(10.5) Salvia divinorum (meaning all parts of the plant | ||
presently classified
botanically as Salvia divinorum, | ||
whether growing or not, the
seeds thereof, any extract from | ||
any part of that plant, and every compound,
manufacture, | ||
salts, isomers, and salts of
isomers whenever the existence | ||
of such salts, isomers, and salts of
isomers is possible | ||
within the specific chemical designation, derivative, | ||
mixture, or preparation of that plant, its
seeds or | ||
extracts);
| ||
(11) 3,4,5-trimethoxyphenethylamine (Mescaline); | ||
(12) Peyote (meaning all parts of the plant presently | ||
classified
botanically as Lophophora williamsii
Lemaire, | ||
whether growing or not, the
seeds thereof, any extract from | ||
any part of that plant, and every compound,
manufacture, | ||
salts, derivative, mixture, or preparation of that plant, | ||
its
seeds or extracts); | ||
(13) N-ethyl-3-piperidyl benzilate (JB 318); | ||
(14) N-methyl-3-piperidyl benzilate; | ||
(14.1) N-hydroxy-3,4-methylenedioxyamphetamine
| ||
(also known as N-hydroxy-alpha-methyl-
| ||
3,4(methylenedioxy)phenethylamine and N-hydroxy MDA); | ||
(15) Parahexyl; some trade or other names:
| ||
3-hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-
| ||
dibenzo (b,d) pyran; Synhexyl; | ||
(16) Psilocybin; |
(17) Psilocyn; | ||
(18) Alpha-methyltryptamine (AMT); | ||
(19) 2,5-dimethoxyamphetamine
| ||
(2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA); | ||
(20) 4-bromo-2,5-dimethoxyamphetamine
| ||
(4-bromo-2,5-dimethoxy-alpha-methylphenethylamine;
| ||
4-bromo-2,5-DMA); | ||
(20.1) 4-Bromo-2,5 dimethoxyphenethylamine.
| ||
Some trade or other names: 2-(4-bromo-
| ||
2,5-dimethoxyphenyl)-1-aminoethane;
| ||
alpha-desmethyl DOB, 2CB, Nexus; | ||
(21) 4-methoxyamphetamine
| ||
(4-methoxy-alpha-methylphenethylamine;
| ||
paramethoxyamphetamine; PMA); | ||
(22) (Blank); | ||
(23) Ethylamine analog of phencyclidine.
| ||
Some trade or other names:
| ||
N-ethyl-1-phenylcyclohexylamine,
| ||
(1-phenylcyclohexyl) ethylamine,
| ||
N-(1-phenylcyclohexyl) ethylamine, cyclohexamine, PCE; | ||
(24) Pyrrolidine analog of phencyclidine. Some trade | ||
or other names:
1-(1-phenylcyclohexyl) pyrrolidine, PCPy, | ||
PHP; | ||
(25) 5-methoxy-3,4-methylenedioxy-amphetamine; | ||
(26) 2,5-dimethoxy-4-ethylamphetamine
| ||
(another name: DOET); |
(27) 1-[1-(2-thienyl)cyclohexyl] pyrrolidine
| ||
(another name: TCPy); | ||
(28) (Blank); | ||
(29) Thiophene analog of phencyclidine (some trade
| ||
or other names: 1-[1-(2-thienyl)-cyclohexyl]-piperidine;
| ||
2-thienyl analog of phencyclidine; TPCP; TCP); | ||
(29.1) Benzothiophene analog of phencyclidine . Some | ||
trade or other names: BTCP or benocyclidine; | ||
(29.2) 3-Methoxyphencyclidine (3-MeO-PCP); | ||
(30) Bufotenine (some trade or other names:
| ||
3-(Beta-Dimethylaminoethyl)-5-hydroxyindole;
| ||
3-(2-dimethylaminoethyl)-5-indolol;
| ||
5-hydroxy-N,N-dimethyltryptamine;
| ||
N,N-dimethylserotonin; mappine); | ||
(31) (Blank); | ||
(32) (Blank); | ||
(33) (Blank); | ||
(34) (Blank); | ||
(34.5) (Blank); | ||
(35) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3- | ||
(2-methyloctan-2-yl)-6a,7, | ||
10,10a-tetrahydrobenzo[c]chromen-1-ol | ||
Some trade or other names: HU-210; | ||
(35.5) (6aS,10aS)-9-(hydroxymethyl)-6,6- | ||
dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a- | ||
tetrahydrobenzo[c]chromen-1-ol, its isomers, |
salts, and salts of isomers; Some trade or other | ||
names: HU-210, Dexanabinol; | ||
(36) Dexanabinol, (6aS,10aS)-9-(hydroxymethyl)- | ||
6,6-dimethyl-3-(2-methyloctan-2-yl)- | ||
6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol | ||
Some trade or other names: HU-211; | ||
(37) (Blank); | ||
(38) (Blank); | ||
(39) (Blank); | ||
(40) (Blank); | ||
(41) (Blank); | ||
(42) Any compound structurally derived from | ||
3-(1-naphthoyl)indole or 1H-indol-3-yl-(1-naphthyl)methane | ||
by substitution at the nitrogen atom of the indole ring by | ||
alkyl, haloalkyl, alkenyl, cycloalkylmethyl, | ||
cycloalkylethyl, aryl halide, alkyl aryl halide, | ||
1-(N-methyl-2-piperidinyl)methyl, or | ||
2-(4-morpholinyl)ethyl whether or not further substituted | ||
in the indole ring to any extent, whether or not | ||
substituted in the naphthyl ring to any extent. Examples of | ||
this structural class include, but are not limited to, | ||
JWH-018, AM-2201, JWH-175, JWH-184, and JWH-185; | ||
(43) Any compound structurally derived from | ||
3-(1-naphthoyl)pyrrole by substitution at the nitrogen | ||
atom of the pyrrole ring by alkyl, haloalkyl, alkenyl, | ||
cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl |
halide, 1-(N-methyl-2-piperidinyl)methyl, or | ||
2-(4-morpholinyl)ethyl, whether or not further substituted | ||
in the pyrrole ring to any extent, whether or not | ||
substituted in the naphthyl ring to any extent. Examples of | ||
this structural class include, but are not limited to, | ||
JWH-030, JWH-145, JWH-146, JWH-307, and JWH-368; | ||
(44) Any compound structurally derived from | ||
1-(1-naphthylmethyl)indene by substitution at the | ||
3-position of the indene ring by alkyl, haloalkyl, alkenyl, | ||
cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl | ||
halide, 1-(N-methyl-2-piperidinyl)methyl, or | ||
2-(4-morpholinyl)ethyl whether or not further substituted | ||
in the indene ring to any extent, whether or not | ||
substituted in the naphthyl ring to any extent. Examples of | ||
this structural class include, but are not limited to, | ||
JWH-176; | ||
(45) Any compound structurally derived from | ||
3-phenylacetylindole by substitution at the nitrogen atom | ||
of the indole ring with alkyl, haloalkyl, alkenyl, | ||
cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl | ||
halide, 1-(N-methyl-2-piperidinyl)methyl, or | ||
2-(4-morpholinyl)ethyl, whether or not further substituted | ||
in the indole ring to any extent, whether or not | ||
substituted in the phenyl ring to any extent. Examples of | ||
this structural class include, but are not limited to, | ||
JWH-167, JWH-250, JWH-251, and RCS-8; |
(46) Any compound structurally derived from | ||
2-(3-hydroxycyclohexyl)phenol by substitution at the | ||
5-position of the phenolic ring by alkyl, haloalkyl, | ||
alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, | ||
alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or | ||
2-(4-morpholinyl)ethyl, whether or not substituted in the | ||
cyclohexyl ring to any extent. Examples of this structural | ||
class include, but are not limited to, CP 47, 497 and its | ||
C8 homologue (cannabicyclohexanol); | ||
(46.1) Any compound structurally derived from | ||
3-(benzoyl) indole with substitution at the nitrogen atom | ||
of the indole ring by an alkyl, haloalkyl, alkenyl, | ||
cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl | ||
halide, 1-(N-methyl-2-piperidinyl)methyl, or | ||
2-(4-morpholinyl)ethyl group whether or not further | ||
substituted in the indole ring to any extent and whether or | ||
not substituted in the phenyl ring to any extent. Examples | ||
of this structural class include, but are not limited to, | ||
AM-630, AM-2233, AM-694, Pravadoline (WIN 48,098), and | ||
RCS-4; | ||
(47) (Blank); | ||
(48) (Blank); | ||
(49) (Blank); | ||
(50) (Blank); | ||
(51) (Blank); | ||
(52) (Blank); |
(53) 2,5-Dimethoxy-4-(n)-propylthio-phenethylamine . | ||
Some trade or other names: 2C-T-7; | ||
(53.1) 4-ethyl-2,5-dimethoxyphenethylamine . Some trade | ||
or other names: 2C-E; | ||
(53.2) 2,5-dimethoxy-4-methylphenethylamine . Some | ||
trade or other names: 2C-D; | ||
(53.3) 4-chloro-2,5-dimethoxyphenethylamine . Some | ||
trade or other names: 2C-C; | ||
(53.4) 4-iodo-2,5-dimethoxyphenethylamine . Some trade | ||
or other names: 2C-I; | ||
(53.5) 4-ethylthio-2,5-dimethoxyphenethylamine . Some | ||
trade or other names: 2C-T-2; | ||
(53.6) 2,5-dimethoxy-4-isopropylthio-phenethylamine . | ||
Some trade or other names: 2C-T-4; | ||
(53.7) 2,5-dimethoxyphenethylamine . Some trade or | ||
other names: 2C-H; | ||
(53.8) 2,5-dimethoxy-4-nitrophenethylamine . Some trade | ||
or other names: 2C-N; | ||
(53.9) 2,5-dimethoxy-4-(n)-propylphenethylamine . Some | ||
trade or other names: 2C-P; | ||
(53.10) 2,5-dimethoxy-3,4-dimethylphenethylamine . Some | ||
trade or other names: 2C-G; | ||
(53.11) The N-(2-methoxybenzyl) derivative of any 2C | ||
phenethylamine referred to in subparagraphs (20.1), (53), | ||
(53.1), (53.2), (53.3), (53.4), (53.5), (53.6), (53.7), | ||
(53.8), (53.9), and (53.10) including, but not limited to, |
25I-NBOMe and 25C-NBOMe; | ||
(54) 5-Methoxy-N,N-diisopropyltryptamine; | ||
(55) (Blank); | ||
(56) (Blank); | ||
(57) (Blank); | ||
(58) (Blank); | ||
(59) 3-cyclopropoylindole with substitution at the | ||
nitrogen atom of the indole ring by alkyl, haloalkyl, | ||
alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, | ||
alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or | ||
2-(4-morpholinyl)ethyl, whether or not further substituted | ||
on the indole ring to any extent, whether or not | ||
substituted on the cyclopropyl ring to any extent: | ||
including, but not limited to, XLR11, UR144, FUB-144; | ||
(60) 3-adamantoylindole with substitution at the | ||
nitrogen atom of the indole ring by alkyl, haloalkyl, | ||
alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, | ||
alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or | ||
2-(4-morpholinyl)ethyl, whether or not further substituted | ||
on the indole ring to any extent, whether or not | ||
substituted on the adamantyl ring to any extent: including, | ||
but not limited to, AB-001; | ||
(61) N-(adamantyl)-indole-3-carboxamide with | ||
substitution at the nitrogen atom of the indole ring by | ||
alkyl, haloalkyl, alkenyl, cycloalkylmethyl, | ||
cycloalkylethyl, aryl halide, alkyl aryl halide, |
1-(N-methyl-2-piperidinyl)methyl, or | ||
2-(4-morpholinyl)ethyl, whether or not further substituted | ||
on the indole ring to any extent, whether or not | ||
substituted on the adamantyl ring to any extent: including, | ||
but not limited to, APICA/2NE-1, STS-135; | ||
(62) N-(adamantyl)-indazole-3-carboxamide with | ||
substitution at a nitrogen atom of the indazole ring by | ||
alkyl, haloalkyl, alkenyl, cycloalkylmethyl, | ||
cycloalkylethyl, aryl halide, alkyl aryl halide, | ||
1-(N-methyl-2-piperidinyl)methyl, or | ||
2-(4-morpholinyl)ethyl, whether or not further substituted | ||
on the indazole ring to any extent, whether or not | ||
substituted on the adamantyl ring to any extent: including, | ||
but not limited to, AKB48, 5F-AKB48; | ||
(63) 1H-indole-3-carboxylic acid 8-quinolinyl ester | ||
with substitution at the nitrogen atom of the indole ring | ||
by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, | ||
cycloalkylethyl, aryl halide, alkyl aryl halide, | ||
1-(N-methyl-2-piperidinyl)methyl, or | ||
2-(4-morpholinyl)ethyl, whether or not further substituted | ||
on the indole ring to any extent, whether or not | ||
substituted on the quinoline ring to any extent: including, | ||
but not limited to, PB22, 5F-PB22, FUB-PB-22; | ||
(64) 3-(1-naphthoyl)indazole with substitution at the | ||
nitrogen atom of the indazole ring by alkyl, haloalkyl, | ||
alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, |
alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or | ||
2-(4-morpholinyl)ethyl, whether or not further substituted | ||
on the indazole ring to any extent, whether or not | ||
substituted on the naphthyl ring to any extent: including, | ||
but not limited to, THJ-018, THJ-2201; | ||
(65) 2-(1-naphthoyl)benzimidazole with substitution at | ||
the nitrogen atom of the benzimidazole ring by alkyl, | ||
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, | ||
aryl halide, alkyl aryl halide, | ||
1-(N-methyl-2-piperidinyl)methyl, or | ||
2-(4-morpholinyl)ethyl, whether or not further substituted | ||
on the benzimidazole ring to any extent, whether or not | ||
substituted on the naphthyl ring to any extent: including, | ||
but not limited to, FUBIMINA; | ||
(66) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1H-indazole- | ||
3-carboxamide with substitution on the nitrogen atom of the | ||
indazole ring by alkyl, haloalkyl, alkenyl, | ||
cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl | ||
halide, 1-(N-methyl-2-piperidinyl)methyl, or | ||
2-(4-morpholinyl)ethyl, whether or not further substituted | ||
on the indazole ring to any extent: including, but not | ||
limited to, AB-PINACA, AB-FUBINACA, AB-CHMINACA; | ||
(67) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1H- | ||
indazole-3-carboxamide with substitution on the nitrogen | ||
atom of the indazole ring by alkyl, haloalkyl, alkenyl, | ||
cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl |
halide, 1-(N-methyl-2-piperidinyl)methyl, or | ||
2-(4-morpholinyl)ethyl, whether or not further substituted | ||
on the indazole ring to any extent: including, but not | ||
limited to, ADB-PINACA, ADB-FUBINACA; | ||
(68) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1H- | ||
indole-3-carboxamide with substitution on the nitrogen | ||
atom of the indole ring by alkyl, haloalkyl, alkenyl, | ||
cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl | ||
halide, 1-(N-methyl-2-piperidinyl)methyl, or | ||
2-(4-morpholinyl)ethyl, whether or not further substituted | ||
on the indole ring to any extent: including, but not | ||
limited to, ADBICA, 5F-ADBICA; | ||
(69) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1H-indole- | ||
3-carboxamide with substitution on the nitrogen atom of the | ||
indole ring by alkyl, haloalkyl, alkenyl, | ||
cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl | ||
halide, 1-(N-methyl-2-piperidinyl)methyl, or | ||
2-(4-morpholinyl)ethyl, whether or not further substituted | ||
on the indole ring to any extent: including, but not | ||
limited to, ABICA, 5F-ABICA; | ||
(70) Methyl 2-(1H-indazole-3-carboxamido)-3- | ||
methylbutanoate with substitution on the nitrogen atom of | ||
the indazole ring by alkyl, haloalkyl, alkenyl, | ||
cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl | ||
halide, 1-(N-methyl-2-piperidinyl)methyl, or | ||
2-(4-morpholinyl)ethyl, whether or not further substituted |
on the indazole ring to any extent: including, but not | ||
limited to, AMB, 5F-AMB ; . | ||
(71) Methyl 2-(1H-indazole-3-carboxamido)-3,3- | ||
dimethylbutanoate with substitution on the nitrogen
atom | ||
of the indazole ring by alkyl, haloalkyl, alkenyl,
| ||
cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl
aryl | ||
halide, 1-(N-methyl-2-piperidinyl)methyl, or | ||
2-(4-morpholinyl)ethyl, whether or not further substituted
| ||
on the indazole ring to any extent: including, but not
| ||
limited to, 5-fluoro-MDMB-PINACA, MDMB-FUBINACA; | ||
(72) Methyl 2-(1H-indole-3-carboxamido)-3- | ||
methylbutanoate with substitution on the nitrogen atom
of | ||
the indole ring by alkyl, haloalkyl, alkenyl,
| ||
cycloalkylmethyl, cycloalkylethyl, aryl halide,
alkyl aryl | ||
halide, 1-(N-methyl-2-piperidinyl)methyl,
or | ||
2-(4-morpholinyl)ethyl, whether or not further
substituted | ||
on the indazole ring to any extent:
including, but not | ||
limited to, MMB018, MMB2201,
and AMB-CHMICA; | ||
(73) Methyl 2-(1H-indole-3-carboxamido)-3,3- | ||
dimethylbutanoate with substitution
on the nitrogen atom | ||
of the indole ring by alkyl,
haloalkyl, alkenyl, | ||
cycloalkylmethyl, cycloalkylethyl,
aryl halide, alkyl aryl | ||
halide, 1-(N-methyl-2-piperidinyl)methyl, or | ||
2-(4-morpholinyl)ethyl,
whether or not further substituted | ||
on the
indazole ring to any extent: including, but
not | ||
limited to, MDMB-CHMICA; |
(74) N-(1-Amino-1-oxo-3-phenylpropan-2-yl)-1H- | ||
indazole-3-carboxamide with
substitution on the nitrogen | ||
atom of the indazole
ring by alkyl, haloalkyl, alkenyl, | ||
cycloalkylmethyl,
cycloalkylethyl, aryl halide, alkyl aryl | ||
halide,
1-(N-methyl-2-piperidinyl)methyl, or | ||
2-(4-morpholinyl)ethyl, whether or not further
substituted | ||
on the indazole ring to any
extent: including, but not | ||
limited to, APP-CHMINACA,
5-fluoro-APP-PINACA; | ||
(75) N-(1-Amino-1-oxo-3-phenylpropan-2-yl)-1H-indole- | ||
3-carboxamide with substitution on
the nitrogen atom of the | ||
indole ring by alkyl,
haloalkyl, alkenyl, | ||
cycloalkylmethyl, cycloalkylethyl,
aryl halide, alkyl aryl | ||
halide, 1-(N-methyl-2-piperidinyl)methyl, or | ||
2-(4-morpholinyl)ethyl,
whether or not further substituted | ||
on the indazole
ring to any extent: including, but not | ||
limited to,
APP-PICA and 5-fluoro-APP-PICA; | ||
(76) 4-Acetoxy-N,N-dimethyltryptamine: trade name | ||
4-AcO-DMT; | ||
(77) 5-Methoxy-N-methyl-N-isopropyltryptamine: trade | ||
name 5-MeO-MIPT; | ||
(78) 4-hydroxy Diethyltryptamine (4-HO-DET); | ||
(79) 4-hydroxy-N-methyl-N-ethyltryptamine (4-HO-MET); | ||
(80) 4-hydroxy-N,N-diisopropyltryptamine (4-HO-DiPT); | ||
(81) 4-hydroxy-N-methyl-N-isopropyltryptamine
| ||
(4-HO-MiPT); | ||
(82) Fluorophenylpiperazine; |
(83) Methoxetamine; | ||
(84) 1-(Ethylamino)-2-phenylpropan-2-one (iso- | ||
ethcathinone). | ||
(e) Unless specifically excepted or unless listed in | ||
another
schedule, any material, compound, mixture, or | ||
preparation which contains
any quantity of the following | ||
substances having a depressant effect on
the central nervous | ||
system, including its salts, isomers, and salts of
isomers | ||
whenever the existence of such salts, isomers, and salts of
| ||
isomers is possible within the specific chemical designation: | ||
(1) mecloqualone; | ||
(2) methaqualone; and | ||
(3) gamma hydroxybutyric acid. | ||
(f) Unless specifically excepted or unless listed in | ||
another schedule,
any material, compound, mixture, or | ||
preparation which contains any quantity
of the following | ||
substances having a stimulant effect on the central nervous
| ||
system, including its salts, isomers, and salts of isomers: | ||
(1) Fenethylline; | ||
(2) N-ethylamphetamine; | ||
(3) Aminorex (some other names:
| ||
2-amino-5-phenyl-2-oxazoline; aminoxaphen;
| ||
4-5-dihydro-5-phenyl-2-oxazolamine) and its
| ||
salts, optical isomers, and salts of optical isomers; | ||
(4) Methcathinone (some other names:
| ||
2-methylamino-1-phenylpropan-1-one;
|
Ephedrone; 2-(methylamino)-propiophenone;
| ||
alpha-(methylamino)propiophenone; N-methylcathinone;
| ||
methycathinone; Monomethylpropion; UR 1431) and its
| ||
salts, optical isomers, and salts of optical isomers; | ||
(5) Cathinone (some trade or other names:
| ||
2-aminopropiophenone; alpha-aminopropiophenone;
| ||
2-amino-1-phenyl-propanone; norephedrone); | ||
(6) N,N-dimethylamphetamine (also known as:
| ||
N,N-alpha-trimethyl-benzeneethanamine;
| ||
N,N-alpha-trimethylphenethylamine); | ||
(7) (+ or -) cis-4-methylaminorex ((+ or -) cis-
| ||
4,5-dihydro-4-methyl-4-5-phenyl-2-oxazolamine); | ||
(8) 3,4-Methylenedioxypyrovalerone (MDPV); | ||
(9) Halogenated amphetamines and
| ||
methamphetamines - any compound derived from either
| ||
amphetamine or methamphetamine through the substitution
| ||
of a halogen on the phenyl ring, including, but not
| ||
limited to, 2-fluoroamphetamine, 3-
| ||
fluoroamphetamine and 4-fluoroamphetamine; | ||
(10) Aminopropylbenzofuran (APB):
| ||
including 4-(2-Aminopropyl) benzofuran, 5-
| ||
(2-Aminopropyl)benzofuran, 6-(2-Aminopropyl)
| ||
benzofuran, and 7-(2-Aminopropyl) benzofuran; | ||
(11) Aminopropyldihydrobenzofuran (APDB):
| ||
including 4-(2-Aminopropyl)-2,3- dihydrobenzofuran,
| ||
5-(2-Aminopropyl)-2, 3-dihydrobenzofuran,
|
6-(2-Aminopropyl)-2,3-dihydrobenzofuran,
| ||
and 7-(2-Aminopropyl)-2,3-dihydrobenzofuran; | ||
(12) Methylaminopropylbenzofuran
| ||
(MAPB): including 4-(2-methylaminopropyl)
| ||
benzofuran, 5-(2-methylaminopropyl)benzofuran,
| ||
6-(2-methylaminopropyl)benzofuran
| ||
and 7-(2-methylaminopropyl)benzofuran. | ||
(g) Temporary listing of substances subject to emergency | ||
scheduling.
Any material, compound, mixture, or preparation | ||
that contains any quantity
of the following substances: | ||
(1) N-[1-benzyl-4-piperidyl]-N-phenylpropanamide
| ||
(benzylfentanyl), its optical isomers, isomers, salts,
and | ||
salts of isomers; | ||
(2) N-[1(2-thienyl)
methyl-4-piperidyl]-N- | ||
phenylpropanamide (thenylfentanyl),
its optical isomers, | ||
salts, and salts of isomers. | ||
(h) Synthetic cathinones. Unless specifically excepted, | ||
any chemical compound which is not approved by the United | ||
States Food and Drug Administration or, if approved, is not | ||
dispensed or possessed in accordance with State or federal law, | ||
not including bupropion, structurally derived from | ||
2-aminopropan-1-one by substitution at the 1-position with | ||
either phenyl, naphthyl, or thiophene ring systems, whether or | ||
not the compound is further modified in one or more of the | ||
following ways: | ||
(1) by substitution in the ring system to any extent |
with alkyl, alkylenedioxy, alkoxy, haloalkyl, hydroxyl, or | ||
halide substituents, whether or not further substituted in | ||
the ring system by one or more other univalent | ||
substituents. Examples of this class include, but are not | ||
limited to, 3,4-Methylenedioxycathinone (bk-MDA); | ||
(2) by substitution at the 3-position with an acyclic | ||
alkyl substituent. Examples of this class include, but are | ||
not limited to, 2-methylamino-1-phenylbutan-1-one | ||
(buphedrone); or | ||
(3) by substitution at the 2-amino nitrogen atom with | ||
alkyl, dialkyl, benzyl, or methoxybenzyl groups, or by | ||
inclusion of the 2-amino nitrogen atom in a cyclic | ||
structure. Examples of this class include, but are not | ||
limited to, Dimethylcathinone, Ethcathinone, and | ||
a-Pyrrolidinopropiophenone (a-PPP). | ||
(Source: P.A. 99-371, eff. 1-1-16; 100-201, eff. 8-18-17; | ||
100-368, eff. 1-1-18; revised 10-5-17.)
| ||
(720 ILCS 570/303.05)
| ||
Sec. 303.05. Mid-level practitioner registration.
| ||
(a) The Department of Financial and Professional | ||
Regulation shall register licensed
physician assistants, | ||
licensed advanced practice registered nurses, and prescribing | ||
psychologists licensed under Section 4.2 of the Clinical | ||
Psychologist Licensing Act to prescribe and
dispense | ||
controlled substances under Section 303 and euthanasia
|
agencies to purchase, store, or administer animal euthanasia | ||
drugs under the
following circumstances:
| ||
(1) with respect to physician assistants,
| ||
(A) the physician assistant has been
delegated
| ||
written authority to prescribe any Schedule III | ||
through V controlled substances by a physician | ||
licensed to practice medicine in all its
branches in | ||
accordance with Section 7.5 of the Physician Assistant | ||
Practice Act
of 1987;
and
the physician assistant has
| ||
completed the
appropriate application forms and has | ||
paid the required fees as set by rule;
or
| ||
(B) the physician assistant has been delegated
| ||
authority by a collaborating physician licensed to | ||
practice medicine in all its branches to prescribe or | ||
dispense Schedule II controlled substances through a | ||
written delegation of authority and under the | ||
following conditions: | ||
(i) Specific Schedule II controlled substances | ||
by oral dosage or topical or transdermal | ||
application may be delegated, provided that the | ||
delegated Schedule II controlled substances are | ||
routinely prescribed by the collaborating | ||
physician. This delegation must identify the | ||
specific Schedule II controlled substances by | ||
either brand name or generic name. Schedule II | ||
controlled substances to be delivered by injection |
or other route of administration may not be | ||
delegated; | ||
(ii) any delegation must be of controlled | ||
substances prescribed by the collaborating | ||
physician; | ||
(iii) all prescriptions must be limited to no | ||
more than a 30-day supply, with any continuation | ||
authorized only after prior approval of the | ||
collaborating physician; | ||
(iv) the physician assistant must discuss the | ||
condition of any patients for whom a controlled | ||
substance is prescribed monthly with the | ||
delegating physician; | ||
(v) the physician assistant must have | ||
completed the appropriate application forms and | ||
paid the required fees as set by rule; | ||
(vi) the physician assistant must provide | ||
evidence of satisfactory completion of 45 contact | ||
hours in pharmacology from any physician assistant | ||
program accredited by the Accreditation Review | ||
Commission on Education for the Physician | ||
Assistant (ARC-PA), or its predecessor agency, for | ||
any new license issued with Schedule II authority | ||
after the effective date of this amendatory Act of | ||
the 97th General Assembly; and | ||
(vii) the physician assistant must annually |
complete at least 5 hours of continuing education | ||
in pharmacology; | ||
(2) with respect to advanced practice registered | ||
nurses who do not meet the requirements of Section 65-43 of | ||
the Nurse Practice Act, | ||
(A) the advanced practice registered nurse has | ||
been delegated
authority to prescribe any Schedule III | ||
through V controlled substances by a collaborating | ||
physician licensed to practice medicine in all its | ||
branches or a collaborating podiatric physician in | ||
accordance with Section 65-40 of the Nurse Practice
| ||
Act. The advanced practice registered nurse has | ||
completed the
appropriate application forms and has | ||
paid the required
fees as set by rule; or | ||
(B) the advanced practice registered nurse has | ||
been delegated
authority by a collaborating physician | ||
licensed to practice medicine in all its branches to | ||
prescribe or dispense Schedule II controlled | ||
substances through a written delegation of authority | ||
and under the following conditions: | ||
(i) specific Schedule II controlled substances | ||
by oral dosage or topical or transdermal | ||
application may be delegated, provided that the | ||
delegated Schedule II controlled substances are | ||
routinely prescribed by the collaborating | ||
physician. This delegation must identify the |
specific Schedule II controlled substances by | ||
either brand name or generic name. Schedule II | ||
controlled substances to be delivered by injection | ||
or other route of administration may not be | ||
delegated; | ||
(ii) any delegation must be of controlled | ||
substances prescribed by the collaborating | ||
physician; | ||
(iii) all prescriptions must be limited to no | ||
more than a 30-day supply, with any continuation | ||
authorized only after prior approval of the | ||
collaborating physician; | ||
(iv) the advanced practice registered nurse | ||
must discuss the condition of any patients for whom | ||
a controlled substance is prescribed monthly with | ||
the delegating physician or in the course of review | ||
as required by Section 65-40 of the Nurse Practice | ||
Act; | ||
(v) the advanced practice registered nurse | ||
must have completed the appropriate application | ||
forms and paid the required fees as set by rule; | ||
(vi) the advanced practice registered nurse | ||
must provide evidence of satisfactory completion | ||
of at least 45 graduate contact hours in | ||
pharmacology for any new license issued with | ||
Schedule II authority after the effective date of |
this amendatory Act of the 97th General Assembly; | ||
and | ||
(vii) the advanced practice registered nurse | ||
must annually complete 5 hours of continuing | ||
education in pharmacology; | ||
(2.5) with respect to advanced practice registered | ||
nurses certified as nurse practitioners, nurse midwives, | ||
or clinical nurse specialists who do not meet the | ||
requirements of Section 65-43 of the Nurse Practice Act | ||
practicing in a hospital affiliate, | ||
(A) the advanced practice registered nurse | ||
certified as a nurse practitioner, nurse midwife, or | ||
clinical nurse specialist has been privileged to | ||
prescribe any Schedule II through V controlled | ||
substances by the hospital affiliate upon the | ||
recommendation of the appropriate physician committee | ||
of the hospital affiliate in accordance with Section | ||
65-45 of the Nurse Practice Act, has completed the | ||
appropriate application forms, and has paid the | ||
required fees as set by rule; and | ||
(B) an advanced practice registered nurse | ||
certified as a nurse practitioner, nurse midwife, or | ||
clinical nurse specialist has been privileged to | ||
prescribe any Schedule II controlled substances by the | ||
hospital affiliate upon the recommendation of the | ||
appropriate physician committee of the hospital |
affiliate, then the following conditions must be met: | ||
(i) specific Schedule II controlled substances | ||
by oral dosage or topical or transdermal | ||
application may be designated, provided that the | ||
designated Schedule II controlled substances are | ||
routinely prescribed by advanced practice | ||
registered nurses in their area of certification; | ||
the privileging documents must identify the | ||
specific Schedule II controlled substances by | ||
either brand name or generic name; privileges to | ||
prescribe or dispense Schedule II controlled | ||
substances to be delivered by injection or other | ||
route of administration may not be granted; | ||
(ii) any privileges must be controlled | ||
substances limited to the practice of the advanced | ||
practice registered nurse; | ||
(iii) any prescription must be limited to no | ||
more than a 30-day supply; | ||
(iv) the advanced practice registered nurse | ||
must discuss the condition of any patients for whom | ||
a controlled substance is prescribed monthly with | ||
the appropriate physician committee of the | ||
hospital affiliate or its physician designee; and | ||
(v) the advanced practice registered nurse | ||
must meet the education requirements of this | ||
Section; |
(3) with respect to animal euthanasia agencies, the | ||
euthanasia agency has
obtained a license from the | ||
Department of
Financial and Professional Regulation and | ||
obtained a registration number from the
Department; or
| ||
(4) with respect to prescribing psychologists, the | ||
prescribing psychologist has been delegated
authority to | ||
prescribe any nonnarcotic Schedule III through V | ||
controlled substances by a collaborating physician | ||
licensed to practice medicine in all its branches in | ||
accordance with Section 4.3 of the Clinical Psychologist | ||
Licensing Act, and the prescribing psychologist has | ||
completed the
appropriate application forms and has paid | ||
the required
fees as set by rule. | ||
(b) The mid-level practitioner shall only be licensed to | ||
prescribe those
schedules of controlled substances for which a | ||
licensed physician has delegated
prescriptive authority, | ||
except that an animal euthanasia agency does not have any
| ||
prescriptive authority.
A physician assistant and an advanced | ||
practice registered nurse are prohibited from prescribing | ||
medications and controlled substances not set forth in the | ||
required written delegation of authority or as authorized by | ||
their practice Act.
| ||
(c) Upon completion of all registration requirements, | ||
physician
assistants, advanced practice registered nurses, and | ||
animal euthanasia agencies may be issued a
mid-level | ||
practitioner
controlled substances license for Illinois.
|
(d) A collaborating physician may, but is not required to, | ||
delegate prescriptive authority to an advanced practice | ||
registered nurse as part of a written collaborative agreement, | ||
and the delegation of prescriptive authority shall conform to | ||
the requirements of Section 65-40 of the Nurse Practice Act. | ||
(e) A collaborating physician may, but is not required to, | ||
delegate prescriptive authority to a physician assistant as | ||
part of a written collaborative agreement, and the delegation | ||
of prescriptive authority shall conform to the requirements of | ||
Section 7.5 of the Physician Assistant Practice Act of 1987. | ||
(f) Nothing in this Section shall be construed to prohibit | ||
generic substitution. | ||
(Source: P.A. 99-173, eff. 7-29-15; 100-453, eff. 8-25-17; | ||
100-513, eff. 1-1-18; revised 10-5-17.)
| ||
Section 580. The Code of Criminal Procedure of 1963 is | ||
amended by changing Sections 110-6.4 and 112A-14 as follows: | ||
(725 ILCS 5/110-6.4) | ||
Sec. 110-6.4. Statewide risk-assessment risk assessment | ||
tool. The Supreme Court may establish a statewide | ||
risk-assessment tool to be used in proceedings to assist the | ||
court in establishing bail for a defendant by assessing the | ||
defendant's likelihood of appearing at future court | ||
proceedings or determining if the defendant poses a real and | ||
present threat to the physical safety of any person or persons. |
The Supreme Court shall consider establishing a | ||
risk-assessment tool that does not discriminate on the basis of | ||
race, gender, educational level, socio-economic status, or | ||
neighborhood. If a risk-assessment risk assessment tool is | ||
utilized within a circuit that does not require a personal | ||
interview to be completed, the Chief Judge of the circuit or | ||
the director Director of the pretrial services agency Pre-trial | ||
Services Agency may exempt the requirement under Section 9 and | ||
subsection (a) of Section 7 of the Pretrial Services Act. | ||
For the purpose of this Section, "risk-assessment tool" | ||
"risk assessment tool" means an empirically validated, | ||
evidence-based screening instrument that demonstrates reduced | ||
instances of a defendant's failure to appear for further court | ||
proceedings or prevents future criminal activity.
| ||
(Source: P.A. 100-1, eff. 1-1-18; revised 10-5-17.)
| ||
(725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
| ||
Sec. 112A-14. Order of protection; remedies.
| ||
(a) (Blank).
| ||
(b) The court may order any of the remedies listed in this | ||
subsection.
The remedies listed in this subsection shall be in | ||
addition to other civil
or criminal remedies available to | ||
petitioner.
| ||
(1) Prohibition of abuse. Prohibit respondent's | ||
harassment,
interference with personal liberty, | ||
intimidation of a dependent, physical
abuse or willful |
deprivation, as defined in this Article, if such abuse has
| ||
occurred or otherwise appears likely to occur if not | ||
prohibited.
| ||
(2) Grant of exclusive possession of residence. | ||
Prohibit respondent
from entering or remaining in any | ||
residence, household, or premises of the petitioner,
| ||
including one owned or leased by respondent, if petitioner | ||
has a right
to occupancy thereof. The grant of exclusive | ||
possession of the residence, household, or premises
shall | ||
not affect title to real property, nor shall the court be | ||
limited by
the standard set forth in Section 701 of the | ||
Illinois Marriage and
Dissolution of Marriage Act.
| ||
(A) Right to occupancy. A party has a right to | ||
occupancy of a
residence or household if it is
solely | ||
or jointly owned or leased by that party, that party's | ||
spouse, a
person with a legal duty to support that | ||
party or a minor child in that
party's care, or by any | ||
person or entity other than the opposing party that
| ||
authorizes that party's occupancy (e.g., a domestic | ||
violence shelter).
Standards set forth in subparagraph | ||
(B) shall not preclude equitable relief.
| ||
(B) Presumption of hardships. If petitioner and | ||
respondent
each has the right to occupancy of a | ||
residence or household, the court
shall balance (i) the | ||
hardships to respondent and any minor child or
| ||
dependent adult in respondent's care resulting from |
entry of this remedy with (ii)
the hardships to | ||
petitioner and any minor child or dependent adult in
| ||
petitioner's care resulting from continued exposure to | ||
the risk of abuse (should
petitioner remain at the | ||
residence or household) or from loss of possession
of | ||
the residence or household (should petitioner leave to | ||
avoid the risk
of abuse). When determining the balance | ||
of hardships, the court shall also
take into account | ||
the accessibility of the residence or household.
| ||
Hardships need not be balanced if respondent does not | ||
have a right to occupancy.
| ||
The balance of hardships is presumed to favor | ||
possession by
petitioner unless the presumption is | ||
rebutted by a preponderance of the
evidence, showing | ||
that the hardships to respondent substantially | ||
outweigh
the hardships to petitioner and any minor | ||
child or dependent adult in petitioner's
care. The | ||
court, on the request of petitioner or on its own | ||
motion,
may order respondent to provide suitable, | ||
accessible, alternate housing
for petitioner instead | ||
of
excluding respondent from a mutual residence or | ||
household.
| ||
(3) Stay away order and additional prohibitions.
Order | ||
respondent to stay away from petitioner or any other person
| ||
protected by the order of protection, or prohibit | ||
respondent from entering
or remaining present at |
petitioner's school, place of employment, or other
| ||
specified places at times when petitioner is present, or | ||
both, if
reasonable, given
the balance of hardships. | ||
Hardships need not be balanced for the court
to enter a | ||
stay away order or prohibit entry
if respondent has no | ||
right to enter the premises.
| ||
(A) If an order of protection grants petitioner | ||
exclusive possession
of the residence, or prohibits | ||
respondent from entering the residence,
or orders | ||
respondent to stay away from petitioner or other
| ||
protected persons, then the court may allow respondent | ||
access to the
residence to remove items of clothing and | ||
personal adornment
used exclusively by respondent, | ||
medications, and other items as the court directs.
The | ||
right to access shall be exercised on only one occasion | ||
as the court directs
and in the presence of an | ||
agreed-upon adult third party or law enforcement | ||
officer.
| ||
(B) When the petitioner and the respondent attend | ||
the same public, private, or non-public elementary, | ||
middle, or high school, the court when issuing an order | ||
of protection and providing relief shall consider the | ||
severity of the act, any continuing physical danger or | ||
emotional distress to the petitioner, the educational | ||
rights guaranteed to the petitioner and respondent | ||
under federal and State law, the availability of a |
transfer of the respondent to another school, a change | ||
of placement or a change of program of the respondent, | ||
the expense, difficulty, and educational disruption | ||
that would be caused by a transfer of the respondent to | ||
another school, and any other relevant facts of the | ||
case. The court may order that the respondent not | ||
attend the public, private, or non-public elementary, | ||
middle, or high school attended by the petitioner, | ||
order that the respondent accept a change of placement | ||
or change of program, as determined by the school | ||
district or private or non-public school, or place | ||
restrictions on the respondent's movements within the | ||
school attended by the petitioner. The respondent | ||
bears the burden of proving by a preponderance of the | ||
evidence that a transfer, change of placement, or | ||
change of program of the respondent is not available. | ||
The respondent also bears the burden of production with | ||
respect to the expense, difficulty, and educational | ||
disruption that would be caused by a transfer of the | ||
respondent to another school. A transfer, change of | ||
placement, or change of program is not unavailable to | ||
the respondent solely on the ground that the respondent | ||
does not agree with the school district's or private or | ||
non-public school's transfer, change of placement, or | ||
change of program or solely on the ground that the | ||
respondent fails or refuses to consent or otherwise |
does not take an action required to effectuate a | ||
transfer, change of placement, or change of program. | ||
When a court orders a respondent to stay away from the | ||
public, private, or non-public school attended by the | ||
petitioner and the respondent requests a transfer to | ||
another attendance center within the respondent's | ||
school district or private or non-public school, the | ||
school district or private or non-public school shall | ||
have sole discretion to determine the attendance | ||
center to which the respondent is transferred. If the | ||
court order results in a transfer of the minor | ||
respondent to another attendance center, a change in | ||
the respondent's placement, or a change of the | ||
respondent's program, the parents, guardian, or legal | ||
custodian of the respondent is responsible for | ||
transportation and other costs associated with the | ||
transfer or change. | ||
(C) The court may order the parents, guardian, or | ||
legal custodian of a minor respondent to take certain | ||
actions or to refrain from taking certain actions to | ||
ensure that the respondent complies with the order. If | ||
the court orders a transfer of the respondent to | ||
another school, the parents, guardian, or legal | ||
custodian of the respondent is responsible for | ||
transportation and other costs associated with the | ||
change of school by the respondent. |
(4) Counseling. Require or recommend the respondent to | ||
undergo
counseling for a specified duration with a social | ||
worker, psychologist,
clinical psychologist, psychiatrist, | ||
family service agency, alcohol or
substance abuse program, | ||
mental health center guidance counselor, agency
providing | ||
services to elders, program designed for domestic violence
| ||
abusers or any other guidance service the court deems | ||
appropriate. The court may order the respondent in any | ||
intimate partner relationship to report to an Illinois | ||
Department of Human Services protocol approved partner | ||
abuse intervention program for an assessment and to follow | ||
all recommended treatment.
| ||
(5) Physical care and possession of the minor child. In | ||
order to protect
the minor child from abuse, neglect, or | ||
unwarranted separation from the person
who has been the | ||
minor child's primary caretaker, or to otherwise protect | ||
the
well-being of the minor child, the court may do either | ||
or both of the following:
(i) grant petitioner physical | ||
care or possession of the minor child, or both, or
(ii) | ||
order respondent to return a minor child to, or not remove | ||
a minor child
from, the physical care of a parent or person | ||
in loco parentis.
| ||
If the respondent is charged with abuse
(as defined in | ||
Section 112A-3) of a minor child, there shall be a
| ||
rebuttable presumption that awarding physical care to | ||
respondent would not
be in the minor child's best interest.
|
(6) Temporary legal custody.
Award temporary legal | ||
custody to petitioner in accordance with this Section,
the | ||
Illinois Marriage
and Dissolution of Marriage Act, the | ||
Illinois Parentage Act of 2015,
and this State's Uniform | ||
Child-Custody
Jurisdiction and Enforcement Act.
| ||
If the respondent
is charged with abuse (as defined in | ||
Section 112A-3) of a
minor child, there shall be a | ||
rebuttable presumption that awarding
temporary legal | ||
custody to respondent would not be in the
child's best | ||
interest.
| ||
(7) Visitation. Determine the
visitation rights, if | ||
any, of respondent in any case in which the court
awards | ||
physical care or temporary legal custody of a minor child | ||
to
petitioner. The court shall restrict or deny | ||
respondent's visitation with
a minor child if
the court | ||
finds that respondent has done or is likely to do any of | ||
the
following: (i) abuse or endanger the minor child during | ||
visitation; (ii) use the
visitation as an opportunity to | ||
abuse or harass petitioner or
petitioner's family or | ||
household members; (iii) improperly conceal or
detain the | ||
minor child; or (iv) otherwise act in a manner that is not | ||
in
the best interests of the minor child. The court shall | ||
not be limited by the
standards set forth in Section 607.1 | ||
of the Illinois Marriage and
Dissolution of Marriage Act. | ||
If the court grants visitation, the order
shall specify | ||
dates and times for the visitation to take place or other
|
specific parameters or conditions that are appropriate. No | ||
order for
visitation shall refer merely to the term | ||
"reasonable visitation".
| ||
Petitioner may deny respondent access to the minor | ||
child if, when
respondent arrives for visitation, | ||
respondent is under the influence of drugs
or alcohol and | ||
constitutes a threat to the safety and well-being of
| ||
petitioner or petitioner's minor children or is behaving in | ||
a violent or abusive manner.
| ||
If necessary to protect any member of petitioner's | ||
family or
household from future abuse, respondent shall be | ||
prohibited from coming to
petitioner's residence to meet | ||
the minor child for visitation, and the
parties shall | ||
submit to the court their recommendations for reasonable
| ||
alternative arrangements for visitation. A person may be | ||
approved to
supervise visitation only after filing an | ||
affidavit accepting
that responsibility and acknowledging | ||
accountability to the court.
| ||
(8) Removal or concealment of minor child.
Prohibit | ||
respondent from
removing a minor child from the State or | ||
concealing the child within the
State.
| ||
(9) Order to appear. Order the respondent to
appear in | ||
court, alone
or with a minor child, to prevent abuse, | ||
neglect, removal or concealment of
the child, to return the | ||
child to the custody or care of the petitioner or
to permit | ||
any court-ordered interview or examination of the child or |
the
respondent.
| ||
(10) Possession of personal property. Grant petitioner | ||
exclusive
possession of personal property and, if | ||
respondent has possession or
control, direct respondent to | ||
promptly make it available to petitioner, if:
| ||
(i) petitioner, but not respondent, owns the | ||
property; or
| ||
(ii) the parties own the property jointly; sharing | ||
it would risk
abuse of petitioner by respondent or is | ||
impracticable; and the balance of
hardships favors | ||
temporary possession by petitioner.
| ||
If petitioner's sole claim to ownership of the property | ||
is that it is
marital property, the court may award | ||
petitioner temporary possession
thereof under the | ||
standards of subparagraph (ii) of this paragraph only if
a | ||
proper proceeding has been filed under the Illinois | ||
Marriage and
Dissolution of Marriage Act, as now or | ||
hereafter amended.
| ||
No order under this provision shall affect title to | ||
property.
| ||
(11) Protection of property. Forbid the respondent | ||
from taking,
transferring, encumbering, concealing, | ||
damaging or otherwise disposing of
any real or personal | ||
property, except as explicitly authorized by the
court, if:
| ||
(i) petitioner, but not respondent, owns the | ||
property; or
|
(ii) the parties own the property jointly,
and the | ||
balance of hardships favors granting this remedy.
| ||
If petitioner's sole claim to ownership of the property | ||
is that it is
marital property, the court may grant | ||
petitioner relief under subparagraph
(ii) of this | ||
paragraph only if a proper proceeding has been filed under | ||
the
Illinois Marriage and Dissolution of Marriage Act, as | ||
now or hereafter amended.
| ||
The court may further prohibit respondent from | ||
improperly using the
financial or other resources of an | ||
aged member of the family or household
for the profit or | ||
advantage of respondent or of any other person.
| ||
(11.5) Protection of animals. Grant the petitioner the | ||
exclusive care, custody, or control of any animal owned, | ||
possessed, leased, kept, or held by either the petitioner | ||
or the respondent or a minor child residing in the | ||
residence or household of either the petitioner or the | ||
respondent and order the respondent to stay away from the | ||
animal and forbid the respondent from taking, | ||
transferring, encumbering, concealing, harming, or | ||
otherwise disposing of the animal.
| ||
(12) Order for payment of support. Order
respondent to | ||
pay temporary
support for the petitioner or any child in | ||
the petitioner's care or
custody, when the respondent has a | ||
legal obligation to support that person,
in accordance with | ||
the Illinois Marriage and Dissolution
of Marriage Act, |
which shall govern, among other matters, the amount of
| ||
support, payment through the clerk and withholding of | ||
income to secure
payment. An order for child support may be | ||
granted to a petitioner with
lawful physical care or | ||
custody of a child, or an order or agreement for
physical | ||
care or custody, prior to entry of an order for legal | ||
custody.
Such a support order shall expire upon entry of a | ||
valid order granting
legal custody to another, unless | ||
otherwise provided in the custody order.
| ||
(13) Order for payment of losses. Order
respondent to | ||
pay petitioner
for losses suffered as a direct result of | ||
the abuse. Such losses shall
include, but not be limited | ||
to, medical expenses, lost earnings or other
support, | ||
repair or replacement of property damaged or taken, | ||
reasonable
attorney's fees, court costs and moving or other | ||
travel expenses, including
additional reasonable expenses | ||
for temporary shelter and restaurant meals.
| ||
(i) Losses affecting family needs. If a party is | ||
entitled to seek
maintenance, child support or | ||
property distribution from the other party
under the | ||
Illinois Marriage and Dissolution of Marriage Act, as | ||
now or
hereafter amended, the court may order | ||
respondent to reimburse petitioner's
actual losses, to | ||
the extent that such reimbursement would be | ||
"appropriate
temporary relief", as authorized by | ||
subsection (a)(3) of
Section 501 of that Act.
|
(ii) Recovery of expenses. In the case of an | ||
improper concealment
or removal of a minor child, the | ||
court may order respondent to pay the reasonable
| ||
expenses incurred or to be incurred in the search for | ||
and recovery of the
minor child, including , but not | ||
limited to , legal fees, court costs, private
| ||
investigator fees, and travel costs.
| ||
(14) Prohibition of entry. Prohibit the respondent | ||
from entering or
remaining in the residence or household | ||
while the respondent is under the
influence of alcohol or | ||
drugs and constitutes a threat to the safety and
well-being | ||
of the petitioner or the petitioner's children.
| ||
(14.5) Prohibition of firearm possession. | ||
(A) A person who is subject to an existing order of | ||
protection , issued under this Code may not lawfully | ||
possess weapons under Section 8.2 of the Firearm Owners | ||
Identification Card Act. | ||
(B) Any firearms in the
possession of the | ||
respondent, except as provided in subparagraph (C) of | ||
this paragraph (14.5), shall be ordered by the court to | ||
be turned
over to a person with a valid Firearm Owner's | ||
Identification Card for safekeeping. The court shall | ||
issue an order that the respondent's Firearm Owner's | ||
Identification Card be turned over to the local law | ||
enforcement agency, which in turn shall immediately | ||
mail the card to the Department of State Police Firearm |
Owner's Identification Card Office for safekeeping.
| ||
The period of safekeeping shall be for the duration of | ||
the order of protection. The firearm or firearms and | ||
Firearm Owner's Identification Card, if unexpired, | ||
shall at the respondent's request be returned to the | ||
respondent at expiration of the order of protection.
| ||
(C) If the respondent is a peace officer as defined | ||
in Section 2-13 of
the
Criminal Code of 2012, the court | ||
shall order that any firearms used by the
respondent in | ||
the performance of his or her duties as a
peace officer | ||
be surrendered to
the chief law enforcement executive | ||
of the agency in which the respondent is
employed, who | ||
shall retain the firearms for safekeeping for the | ||
duration of the order of protection.
| ||
(D) Upon expiration of the period of safekeeping, | ||
if the firearms or Firearm Owner's Identification Card | ||
cannot be returned to respondent because respondent | ||
cannot be located, fails to respond to requests to | ||
retrieve the firearms, or is not lawfully eligible to | ||
possess a firearm, upon petition from the local law | ||
enforcement agency, the court may order the local law | ||
enforcement agency to destroy the firearms, use the | ||
firearms for training purposes, or for any other | ||
application as deemed appropriate by the local law | ||
enforcement agency; or that the firearms be turned over | ||
to a third party who is lawfully eligible to possess |
firearms, and who does not reside with respondent. | ||
(15) Prohibition of access to records. If an order of | ||
protection
prohibits respondent from having contact with | ||
the minor child,
or if petitioner's address is omitted | ||
under subsection (b) of
Section 112A-5, or if necessary to | ||
prevent abuse or wrongful removal or
concealment of a minor | ||
child, the order shall deny respondent access to, and
| ||
prohibit respondent from inspecting, obtaining, or | ||
attempting to
inspect or obtain, school or any other | ||
records of the minor child
who is in the care of | ||
petitioner.
| ||
(16) Order for payment of shelter services. Order | ||
respondent to
reimburse a shelter providing temporary | ||
housing and counseling services to
the petitioner for the | ||
cost of the services, as certified by the shelter
and | ||
deemed reasonable by the court.
| ||
(17) Order for injunctive relief. Enter injunctive | ||
relief necessary
or appropriate to prevent further abuse of | ||
a family or household member or
to effectuate one of the | ||
granted remedies, if supported by the balance of
hardships. | ||
If the harm to be prevented by the injunction is abuse or | ||
any
other harm that one of the remedies listed in | ||
paragraphs (1) through (16)
of this subsection is designed | ||
to prevent, no further evidence is necessary
to establish | ||
that the harm is an irreparable injury.
| ||
(18) Telephone services. |
(A) Unless a condition described in subparagraph | ||
(B) of this paragraph exists, the court may, upon | ||
request by the petitioner, order a wireless telephone | ||
service provider to transfer to the petitioner the | ||
right to continue to use a telephone number or numbers | ||
indicated by the petitioner and the financial | ||
responsibility associated with the number or numbers, | ||
as set forth in subparagraph (C) of this paragraph. For | ||
purposes of this paragraph (18), the term "wireless | ||
telephone service provider" means a provider of | ||
commercial mobile service as defined in 47 U.S.C. 332. | ||
The petitioner may request the transfer of each | ||
telephone number that the petitioner, or a minor child | ||
in his or her custody, uses. The clerk of the court | ||
shall serve the order on the wireless telephone service | ||
provider's agent for service of process provided to the | ||
Illinois Commerce Commission. The order shall contain | ||
all of the following: | ||
(i) The name and billing telephone number of | ||
the account holder including the name of the | ||
wireless telephone service provider that serves | ||
the account. | ||
(ii) Each telephone number that will be | ||
transferred. | ||
(iii) A statement that the provider transfers | ||
to the petitioner all financial responsibility for |
and right to the use of any telephone number | ||
transferred under this paragraph. | ||
(B) A wireless telephone service provider shall | ||
terminate the respondent's use of, and shall transfer | ||
to the petitioner use of, the telephone number or | ||
numbers indicated in subparagraph (A) of this | ||
paragraph unless it notifies the petitioner, within 72 | ||
hours after it receives the order, that one of the | ||
following applies: | ||
(i) The account holder named in the order has | ||
terminated the account. | ||
(ii) A difference in network technology would | ||
prevent or impair the functionality of a device on | ||
a network if the transfer occurs. | ||
(iii) The transfer would cause a geographic or | ||
other limitation on network or service provision | ||
to the petitioner. | ||
(iv) Another technological or operational | ||
issue would prevent or impair the use of the | ||
telephone number if the transfer occurs. | ||
(C) The petitioner assumes all financial | ||
responsibility for and right to the use of any | ||
telephone number transferred under this paragraph. In | ||
this paragraph, "financial responsibility" includes | ||
monthly service costs and costs associated with any | ||
mobile device associated with the number. |
(D) A wireless telephone service provider may | ||
apply to the petitioner its routine and customary | ||
requirements for establishing an account or | ||
transferring a number, including requiring the | ||
petitioner to provide proof of identification, | ||
financial information, and customer preferences.
| ||
(E) Except for willful or wanton misconduct, a | ||
wireless telephone service provider is immune from | ||
civil liability for its actions taken in compliance | ||
with a court order issued under this paragraph. | ||
(F) All wireless service providers that provide | ||
services to residential customers shall provide to the | ||
Illinois Commerce Commission the name and address of an | ||
agent for service of orders entered under this | ||
paragraph (18). Any change in status of the registered | ||
agent must be reported to the Illinois Commerce | ||
Commission within 30 days of such change. | ||
(G) The Illinois Commerce Commission shall | ||
maintain the list of registered agents for service for | ||
each wireless telephone service provider on the | ||
Commission's website. The Commission may consult with | ||
wireless telephone service providers and the Circuit | ||
Court Clerks on the manner in which this information is | ||
provided and displayed. | ||
(c) Relevant factors; findings.
| ||
(1) In determining whether to grant a
specific remedy, |
other than payment of support, the
court shall consider | ||
relevant factors, including , but not limited to , the
| ||
following:
| ||
(i) the nature, frequency, severity, pattern and | ||
consequences of the
respondent's past abuse of the | ||
petitioner or any family or household
member, | ||
including the concealment of his or her location in | ||
order to evade
service of process or notice, and the | ||
likelihood of danger of future abuse to
petitioner or
| ||
any member of petitioner's or respondent's family or | ||
household; and
| ||
(ii) the danger that any minor child will be abused | ||
or neglected or
improperly removed from the | ||
jurisdiction, improperly concealed within the
State or | ||
improperly separated from the child's primary | ||
caretaker.
| ||
(2) In comparing relative hardships resulting to the | ||
parties from loss
of possession of the family home, the | ||
court shall consider relevant
factors, including , but not | ||
limited to , the following:
| ||
(i) availability, accessibility, cost, safety, | ||
adequacy, location and other
characteristics of | ||
alternate housing for each party and any minor child or
| ||
dependent adult in the party's care;
| ||
(ii) the effect on the party's employment; and
| ||
(iii) the effect on the relationship of the party, |
and any minor
child or dependent adult in the party's | ||
care, to family, school, church
and community.
| ||
(3) Subject to the exceptions set forth in paragraph | ||
(4) of this
subsection, the court shall make its findings | ||
in an official record or in
writing, and shall at a minimum | ||
set forth the following:
| ||
(i) That the court has considered the applicable | ||
relevant factors
described in paragraphs (1) and (2) of | ||
this subsection.
| ||
(ii) Whether the conduct or actions of respondent, | ||
unless
prohibited, will likely cause irreparable harm | ||
or continued abuse.
| ||
(iii) Whether it is necessary to grant the | ||
requested relief in order
to protect petitioner or | ||
other alleged abused persons.
| ||
(4) (Blank).
| ||
(5) Never married parties. No rights or | ||
responsibilities for a minor
child born outside of marriage | ||
attach to a putative father until a father and
child | ||
relationship has been established under the Illinois | ||
Parentage Act of
1984 or under the Illinois Parentage Act | ||
of 2015 on and after the effective date of that Act. Absent | ||
such an adjudication, no putative father shall be granted
| ||
temporary custody of the minor child, visitation with the | ||
minor child, or
physical care
and possession of the minor | ||
child, nor shall
an order of payment for support of the |
minor child be entered.
| ||
(d) Balance of hardships; findings. If the court finds that | ||
the balance
of hardships does not support the granting of a | ||
remedy governed by
paragraph (2), (3), (10), (11), or (16) of
| ||
subsection (b) of this Section,
which may require such | ||
balancing, the court's findings shall so
indicate and shall | ||
include a finding as to whether granting the remedy will
result | ||
in hardship to respondent that would substantially outweigh the | ||
hardship
to petitioner
from denial of the remedy. The findings | ||
shall be an official record or in
writing.
| ||
(e) Denial of remedies. Denial of any remedy shall not be | ||
based, in
whole or in part, on evidence that:
| ||
(1) Respondent has cause for any use of force, unless | ||
that cause
satisfies the standards for justifiable use of | ||
force provided by Article
7 of the Criminal Code of 2012;
| ||
(2) Respondent was voluntarily intoxicated;
| ||
(3) Petitioner acted in self-defense or defense of | ||
another, provided
that, if petitioner utilized force, such | ||
force was justifiable under
Article 7 of the Criminal Code | ||
of 2012;
| ||
(4) Petitioner did not act in self-defense or defense | ||
of another;
| ||
(5) Petitioner left the residence or household to avoid | ||
further abuse
by respondent;
| ||
(6) Petitioner did not leave the residence or household | ||
to avoid further
abuse by respondent;
|
(7) Conduct by any family or household member excused | ||
the abuse by
respondent, unless that same conduct would | ||
have excused such abuse if the
parties had not been family | ||
or household members.
| ||
(Source: P.A. 99-85, eff. 1-1-16; 100-199, eff. 1-1-18; | ||
100-388, eff. 1-1-18; revised 10-10-17.)
| ||
Section 585. The Unified Code of Corrections is amended by | ||
changing Sections 3-2-2, 3-7-2, and 5-2-4 as follows:
| ||
(730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
| ||
Sec. 3-2-2. Powers and duties Duties of the Department.
| ||
(1) In addition to the powers, duties , and responsibilities | ||
which are
otherwise provided by law, the Department shall have | ||
the following powers:
| ||
(a) To accept persons committed to it by the courts of | ||
this State for
care, custody, treatment and | ||
rehabilitation, and to accept federal prisoners and aliens | ||
over whom the Office of the Federal Detention Trustee is | ||
authorized to exercise the federal detention function for | ||
limited purposes and periods of time.
| ||
(b) To develop and maintain reception and evaluation | ||
units for purposes
of analyzing the custody and | ||
rehabilitation needs of persons committed to
it and to | ||
assign such persons to institutions and programs under its | ||
control
or transfer them to other appropriate agencies. In |
consultation with the
Department of Alcoholism and | ||
Substance Abuse (now the Department of Human
Services), the | ||
Department of Corrections
shall develop a master plan for | ||
the screening and evaluation of persons
committed to its | ||
custody who have alcohol or drug abuse problems, and for
| ||
making appropriate treatment available to such persons; | ||
the Department
shall report to the General Assembly on such | ||
plan not later than April 1,
1987. The maintenance and | ||
implementation of such plan shall be contingent
upon the | ||
availability of funds.
| ||
(b-1) To create and implement, on January 1, 2002, a | ||
pilot
program to
establish the effectiveness of | ||
pupillometer technology (the measurement of the
pupil's
| ||
reaction to light) as an alternative to a urine test for | ||
purposes of screening
and evaluating
persons committed to | ||
its custody who have alcohol or drug problems. The
pilot | ||
program shall require the pupillometer technology to be | ||
used in at
least one Department of
Corrections facility. | ||
The Director may expand the pilot program to include an
| ||
additional facility or
facilities as he or she deems | ||
appropriate.
A minimum of 4,000 tests shall be included in | ||
the pilot program.
The
Department must report to the
| ||
General Assembly on the
effectiveness of the program by | ||
January 1, 2003.
| ||
(b-5) To develop, in consultation with the Department | ||
of State Police, a
program for tracking and evaluating each |
inmate from commitment through release
for recording his or | ||
her gang affiliations, activities, or ranks.
| ||
(c) To maintain and administer all State correctional | ||
institutions and
facilities under its control and to | ||
establish new ones as needed. Pursuant
to its power to | ||
establish new institutions and facilities, the Department
| ||
may, with the written approval of the Governor, authorize | ||
the Department of
Central Management Services to enter into | ||
an agreement of the type
described in subsection (d) of | ||
Section 405-300 of the
Department
of Central Management | ||
Services Law (20 ILCS 405/405-300). The Department shall
| ||
designate those institutions which
shall constitute the | ||
State Penitentiary System.
| ||
Pursuant to its power to establish new institutions and | ||
facilities, the
Department may authorize the Department of | ||
Central Management Services to
accept bids from counties | ||
and municipalities for the construction,
remodeling or | ||
conversion of a structure to be leased to the Department of
| ||
Corrections for the purposes of its serving as a | ||
correctional institution
or facility. Such construction, | ||
remodeling or conversion may be financed
with revenue bonds | ||
issued pursuant to the Industrial Building Revenue Bond
Act | ||
by the municipality or county. The lease specified in a bid | ||
shall be
for a term of not less than the time needed to | ||
retire any revenue bonds
used to finance the project, but | ||
not to exceed 40 years. The lease may
grant to the State |
the option to purchase the structure outright.
| ||
Upon receipt of the bids, the Department may certify | ||
one or more of the
bids and shall submit any such bids to | ||
the General Assembly for approval.
Upon approval of a bid | ||
by a constitutional majority of both houses of the
General | ||
Assembly, pursuant to joint resolution, the Department of | ||
Central
Management Services may enter into an agreement | ||
with the county or
municipality pursuant to such bid.
| ||
(c-5) To build and maintain regional juvenile | ||
detention centers and to
charge a per diem to the counties | ||
as established by the Department to defray
the costs of | ||
housing each minor in a center. In this subsection (c-5),
| ||
"juvenile
detention center" means a facility to house | ||
minors during pendency of trial who
have been transferred | ||
from proceedings under the Juvenile Court Act of 1987 to
| ||
prosecutions under the criminal laws of this State in | ||
accordance with Section
5-805 of the Juvenile Court Act of | ||
1987, whether the transfer was by operation
of
law or | ||
permissive under that Section. The Department shall | ||
designate the
counties to be served by each regional | ||
juvenile detention center.
| ||
(d) To develop and maintain programs of control, | ||
rehabilitation and
employment of committed persons within | ||
its institutions.
| ||
(d-5) To provide a pre-release job preparation program | ||
for inmates at Illinois adult correctional centers.
|
(d-10) To provide educational and visitation | ||
opportunities to committed persons within its institutions | ||
through temporary access to content-controlled tablets | ||
that may be provided as a privilege to committed persons to | ||
induce or reward compliance. | ||
(e) To establish a system of supervision and guidance | ||
of committed persons
in the community.
| ||
(f) To establish in cooperation with the Department of | ||
Transportation
to supply a sufficient number of prisoners | ||
for use by the Department of
Transportation to clean up the | ||
trash and garbage along State, county,
township, or | ||
municipal highways as designated by the Department of
| ||
Transportation. The Department of Corrections, at the | ||
request of the
Department of Transportation, shall furnish | ||
such prisoners at least
annually for a period to be agreed | ||
upon between the Director of
Corrections and the Secretary | ||
Director of Transportation. The prisoners used on this
| ||
program shall be selected by the Director of Corrections on | ||
whatever basis
he deems proper in consideration of their | ||
term, behavior and earned eligibility
to participate in | ||
such program - where they will be outside of the prison
| ||
facility but still in the custody of the Department of | ||
Corrections. Prisoners
convicted of first degree murder, | ||
or a Class X felony, or armed violence, or
aggravated | ||
kidnapping, or criminal sexual assault, aggravated | ||
criminal sexual
abuse or a subsequent conviction for |
criminal sexual abuse, or forcible
detention, or arson, or | ||
a prisoner adjudged a Habitual Criminal shall not be
| ||
eligible for selection to participate in such program. The | ||
prisoners shall
remain as prisoners in the custody of the | ||
Department of Corrections and such
Department shall | ||
furnish whatever security is necessary. The Department of
| ||
Transportation shall furnish trucks and equipment for the | ||
highway cleanup
program and personnel to supervise and | ||
direct the program. Neither the
Department of Corrections | ||
nor the Department of Transportation shall replace
any | ||
regular employee with a prisoner.
| ||
(g) To maintain records of persons committed to it and | ||
to establish
programs of research, statistics and | ||
planning.
| ||
(h) To investigate the grievances of any person | ||
committed to the
Department, to inquire into any alleged | ||
misconduct by employees
or committed persons, and to | ||
investigate the assets
of committed persons to implement | ||
Section 3-7-6 of this Code; and for
these purposes it may | ||
issue subpoenas and compel the attendance of witnesses
and | ||
the production of writings and papers, and may examine | ||
under oath any
witnesses who may appear before it; to also | ||
investigate alleged violations
of a parolee's or | ||
releasee's conditions of parole or release; and for this
| ||
purpose it may issue subpoenas and compel the attendance of | ||
witnesses and
the production of documents only if there is |
reason to believe that such
procedures would provide | ||
evidence that such violations have occurred.
| ||
If any person fails to obey a subpoena issued under | ||
this subsection,
the Director may apply to any circuit | ||
court to secure compliance with the
subpoena. The failure | ||
to comply with the order of the court issued in
response | ||
thereto shall be punishable as contempt of court.
| ||
(i) To appoint and remove the chief administrative | ||
officers, and
administer
programs of training and | ||
development of personnel of the Department. Personnel
| ||
assigned by the Department to be responsible for the
| ||
custody and control of committed persons or to investigate | ||
the alleged
misconduct of committed persons or employees or | ||
alleged violations of a
parolee's or releasee's conditions | ||
of parole shall be conservators of the peace
for those | ||
purposes, and shall have the full power of peace officers | ||
outside
of the facilities of the Department in the | ||
protection, arrest, retaking
and reconfining of committed | ||
persons or where the exercise of such power
is necessary to | ||
the investigation of such misconduct or violations. This | ||
subsection shall not apply to persons committed to the | ||
Department of Juvenile Justice under the Juvenile Court Act | ||
of 1987 on aftercare release.
| ||
(j) To cooperate with other departments and agencies | ||
and with local
communities for the development of standards | ||
and programs for better
correctional services in this |
State.
| ||
(k) To administer all moneys and properties of the | ||
Department.
| ||
(l) To report annually to the Governor on the committed
| ||
persons, institutions and programs of the Department.
| ||
(l-5) (Blank).
| ||
(m) To make all rules and regulations and exercise all | ||
powers and duties
vested by law in the Department.
| ||
(n) To establish rules and regulations for | ||
administering a system of
sentence credits, established in | ||
accordance with Section 3-6-3, subject
to review by the | ||
Prisoner Review Board.
| ||
(o) To administer the distribution of funds
from the | ||
State Treasury to reimburse counties where State penal
| ||
institutions are located for the payment of assistant | ||
state's attorneys'
salaries under Section 4-2001 of the | ||
Counties Code.
| ||
(p) To exchange information with the Department of | ||
Human Services and the
Department of Healthcare and Family | ||
Services
for the purpose of verifying living arrangements | ||
and for other purposes
directly connected with the | ||
administration of this Code and the Illinois
Public Aid | ||
Code.
| ||
(q) To establish a diversion program.
| ||
The program shall provide a structured environment for | ||
selected
technical parole or mandatory supervised release |
violators and committed
persons who have violated the rules | ||
governing their conduct while in work
release. This program | ||
shall not apply to those persons who have committed
a new | ||
offense while serving on parole or mandatory supervised | ||
release or
while committed to work release.
| ||
Elements of the program shall include, but shall not be | ||
limited to, the
following:
| ||
(1) The staff of a diversion facility shall provide | ||
supervision in
accordance with required objectives set | ||
by the facility.
| ||
(2) Participants shall be required to maintain | ||
employment.
| ||
(3) Each participant shall pay for room and board | ||
at the facility on a
sliding-scale basis according to | ||
the participant's income.
| ||
(4) Each participant shall:
| ||
(A) provide restitution to victims in | ||
accordance with any court order;
| ||
(B) provide financial support to his | ||
dependents; and
| ||
(C) make appropriate payments toward any other | ||
court-ordered
obligations.
| ||
(5) Each participant shall complete community | ||
service in addition to
employment.
| ||
(6) Participants shall take part in such | ||
counseling, educational and
other programs as the |
Department may deem appropriate.
| ||
(7) Participants shall submit to drug and alcohol | ||
screening.
| ||
(8) The Department shall promulgate rules | ||
governing the administration
of the program.
| ||
(r) To enter into intergovernmental cooperation | ||
agreements under which
persons in the custody of the | ||
Department may participate in a county impact
| ||
incarceration program established under Section 3-6038 or | ||
3-15003.5 of the
Counties Code.
| ||
(r-5) (Blank).
| ||
(r-10) To systematically and routinely identify with | ||
respect to each
streetgang active within the correctional | ||
system: (1) each active gang; (2)
every existing inter-gang | ||
affiliation or alliance; and (3) the current leaders
in | ||
each gang. The Department shall promptly segregate leaders | ||
from inmates who
belong to their gangs and allied gangs. | ||
"Segregate" means no physical contact
and, to the extent | ||
possible under the conditions and space available at the
| ||
correctional facility, prohibition of visual and sound | ||
communication. For the
purposes of this paragraph (r-10), | ||
"leaders" means persons who:
| ||
(i) are members of a criminal streetgang;
| ||
(ii) with respect to other individuals within the | ||
streetgang, occupy a
position of organizer, | ||
supervisor, or other position of management or
|
leadership; and
| ||
(iii) are actively and personally engaged in | ||
directing, ordering,
authorizing, or requesting | ||
commission of criminal acts by others, which are
| ||
punishable as a felony, in furtherance of streetgang | ||
related activity both
within and outside of the | ||
Department of Corrections.
| ||
"Streetgang", "gang", and "streetgang related" have the | ||
meanings ascribed to
them in Section 10 of the Illinois | ||
Streetgang Terrorism Omnibus Prevention
Act.
| ||
(s) To operate a super-maximum security institution, | ||
in order to
manage and
supervise inmates who are disruptive | ||
or dangerous and provide for the safety
and security of the | ||
staff and the other inmates.
| ||
(t) To monitor any unprivileged conversation or any | ||
unprivileged
communication, whether in person or by mail, | ||
telephone, or other means,
between an inmate who, before | ||
commitment to the Department, was a member of an
organized | ||
gang and any other person without the need to show cause or | ||
satisfy
any other requirement of law before beginning the | ||
monitoring, except as
constitutionally required. The | ||
monitoring may be by video, voice, or other
method of | ||
recording or by any other means. As used in this | ||
subdivision (1)(t),
"organized gang" has the meaning | ||
ascribed to it in Section 10 of the Illinois
Streetgang | ||
Terrorism Omnibus Prevention Act.
|
As used in this subdivision (1)(t), "unprivileged | ||
conversation" or
"unprivileged communication" means a | ||
conversation or communication that is not
protected by any | ||
privilege recognized by law or by decision, rule, or order | ||
of
the Illinois Supreme Court.
| ||
(u) To establish a Women's and Children's Pre-release | ||
Community
Supervision
Program for the purpose of providing | ||
housing and services to eligible female
inmates, as | ||
determined by the Department, and their newborn and young
| ||
children.
| ||
(u-5) To issue an order, whenever a person committed to | ||
the Department absconds or absents himself or herself, | ||
without authority to do so, from any facility or program to | ||
which he or she is assigned. The order shall be certified | ||
by the Director, the Supervisor of the Apprehension Unit, | ||
or any person duly designated by the Director, with the | ||
seal of the Department affixed. The order shall be directed | ||
to all sheriffs, coroners, and police officers, or to any | ||
particular person named in the order. Any order issued | ||
pursuant to this subdivision (1) (u-5) shall be sufficient | ||
warrant for the officer or person named in the order to | ||
arrest and deliver the committed person to the proper | ||
correctional officials and shall be executed the same as | ||
criminal process. | ||
(v) To do all other acts necessary to carry out the | ||
provisions
of this Chapter.
|
(2) The Department of Corrections shall by January 1, 1998, | ||
consider
building and operating a correctional facility within | ||
100 miles of a county of
over 2,000,000 inhabitants, especially | ||
a facility designed to house juvenile
participants in the | ||
impact incarceration program.
| ||
(3) When the Department lets bids for contracts for medical
| ||
services to be provided to persons committed to Department | ||
facilities by
a health maintenance organization, medical | ||
service corporation, or other
health care provider, the bid may | ||
only be let to a health care provider
that has obtained an | ||
irrevocable letter of credit or performance bond
issued by a | ||
company whose bonds have an investment grade or higher rating | ||
by a bond rating
organization.
| ||
(4) When the Department lets bids for
contracts for food or | ||
commissary services to be provided to
Department facilities, | ||
the bid may only be let to a food or commissary
services | ||
provider that has obtained an irrevocable letter of
credit or | ||
performance bond issued by a company whose bonds have an | ||
investment grade or higher rating by a bond rating | ||
organization.
| ||
(5) On and after the date 6 months after August 16, 2013 | ||
(the effective date of Public Act 98-488), as provided in the | ||
Executive Order 1 (2012) Implementation Act, all of the powers, | ||
duties, rights, and responsibilities related to State | ||
healthcare purchasing under this Code that were transferred | ||
from the Department of Corrections to the Department of |
Healthcare and Family Services by Executive Order 3 (2005) are | ||
transferred back to the Department of Corrections; however, | ||
powers, duties, rights, and responsibilities related to State | ||
healthcare purchasing under this Code that were exercised by | ||
the Department of Corrections before the effective date of | ||
Executive Order 3 (2005) but that pertain to individuals | ||
resident in facilities operated by the Department of Juvenile | ||
Justice are transferred to the Department of Juvenile Justice. | ||
(Source: P.A. 100-198, eff. 1-1-18; revised 10-5-17.)
| ||
(730 ILCS 5/3-7-2) (from Ch. 38, par. 1003-7-2) | ||
Sec. 3-7-2. Facilities. | ||
(a) All institutions and facilities of the Department shall | ||
provide
every committed person with access to toilet | ||
facilities, barber
facilities, bathing facilities at least | ||
once each week, a library of
legal materials and published | ||
materials including newspapers and magazines
approved by the | ||
Director. A committed person may not receive any materials
that | ||
the Director deems pornographic. | ||
(b) (Blank). | ||
(c) All institutions and facilities of the Department shall | ||
provide
facilities for every committed person to leave his cell | ||
for at least one
hour each day unless the chief administrative | ||
officer determines that it
would be harmful or dangerous to the | ||
security or safety of the
institution or facility. | ||
(d) All institutions and facilities of the Department shall |
provide
every committed person with a wholesome and nutritional | ||
diet at
regularly scheduled hours, drinking water, clothing | ||
adequate for the
season, bedding, soap and towels and medical | ||
and dental care. | ||
(e) All institutions and facilities of the Department shall | ||
permit
every committed person to send and receive an unlimited | ||
number of
uncensored letters, provided, however, that the | ||
Director may order that
mail be inspected and read for reasons | ||
of the security, safety or morale
of the institution or | ||
facility. | ||
(f) All of the institutions and facilities of the | ||
Department shall
permit every committed person to receive | ||
in-person visitors and video contact, if available, except in | ||
case of
abuse of the visiting privilege or when the chief | ||
administrative officer
determines that such visiting would be | ||
harmful or dangerous to the
security, safety or morale of the | ||
institution or facility.
The chief administrative officer | ||
shall have the right to restrict visitation
to non-contact | ||
visits, video, or other forms of non-contact visits for reasons | ||
of safety, security, and order, including,
but not limited to, | ||
restricting contact visits for committed persons engaged in
| ||
gang activity.
No committed person in a super maximum security | ||
facility or on disciplinary
segregation is allowed contact | ||
visits. Any committed person found in
possession of illegal | ||
drugs or who fails a drug test shall not be permitted
contact | ||
visits for a period of at least 6 months. Any committed person
|
involved in gang activities or found guilty of assault | ||
committed against a
Department employee shall not be permitted | ||
contact visits for a period of at
least 6 months. The | ||
Department shall offer every visitor appropriate written | ||
information concerning HIV and AIDS, including information | ||
concerning how to contact the Illinois Department of Public | ||
Health for counseling information. The Department shall | ||
develop the written materials in consultation with the | ||
Department of Public Health. The Department shall ensure that | ||
all such information and materials are culturally sensitive and | ||
reflect cultural diversity as appropriate. Implementation of | ||
the changes made to this Section by Public Act 94-629 this | ||
amendatory Act of the 94th General Assembly is subject to | ||
appropriation.
The Department shall seek the lowest possible | ||
cost to provide video calling and shall charge to the extent of | ||
recovering any demonstrated costs of providing video calling. | ||
The Department shall not make a commission or profit from video | ||
calling services. Nothing in this Section shall be construed to | ||
permit video calling instead of in-person visitation. | ||
(f-5) (Blank). | ||
(f-10) The Department may not restrict or limit in-person | ||
visits to committed persons due to the availability of | ||
interactive video conferences. | ||
(f-15)(1) The Department shall issue a standard written | ||
policy for each institution and facility of the Department that | ||
provides for: |
(A) the number of in-person visits each committed
| ||
person is entitled to per week and per month; | ||
(B) the hours of in-person visits; | ||
(C) the type of identification required for visitors at | ||
least 18 years of age; and | ||
(D) the type of identification, if any, required for | ||
visitors under 18 years of age. | ||
(2) This policy shall be posted on the Department website
| ||
and at each facility. | ||
(3) The Department shall post on its website daily any
| ||
restrictions or denials of visitation for that day and the
| ||
succeeding 5 calendar days, including those based on a lockdown
| ||
of the facility, to inform family members and other visitors. | ||
(g) All institutions and facilities of the Department shall | ||
permit
religious ministrations and sacraments to be available | ||
to every
committed person, but attendance at religious services | ||
shall not be
required. | ||
(h) Within 90 days after December 31, 1996, the Department | ||
shall prohibit
the use of curtains, cell-coverings, or any | ||
other matter or object that
obstructs or otherwise impairs the | ||
line of vision into a committed person's
cell. | ||
(Source: P.A. 99-933, eff. 1-27-17; 100-30, eff. 1-1-18; | ||
100-142, eff. 1-1-18; revised 10-5-17.)
| ||
(730 ILCS 5/5-2-4) (from Ch. 38, par. 1005-2-4)
| ||
Sec. 5-2-4. Proceedings after acquittal by reason of |
insanity.
| ||
(a) After a finding or verdict of not guilty by reason of | ||
insanity
under Sections 104-25, 115-3 , or 115-4 of the Code of | ||
Criminal Procedure
of 1963, the defendant shall be ordered to | ||
the Department of Human Services for
an evaluation as to
| ||
whether he is in need of mental health
services. The order
| ||
shall specify whether the evaluation shall be conducted on an | ||
inpatient or
outpatient basis. If the evaluation is to be | ||
conducted on an inpatient
basis, the defendant shall be placed | ||
in a secure setting. With the court order for evaluation shall | ||
be sent a copy of the arrest report, criminal charges, arrest | ||
record, jail record, any report prepared under Section 115-6 of | ||
the Code of Criminal Procedure of 1963, and any victim impact | ||
statement prepared under Section 6 of the Rights of Crime | ||
Victims and Witnesses Act. The clerk of the circuit court shall | ||
transmit this information to the Department within 5 days. If | ||
the court orders that the evaluation be done on an inpatient | ||
basis, the Department shall evaluate the defendant to determine | ||
to which secure facility the defendant shall be transported | ||
and, within 20 days of the transmittal by the clerk of the | ||
circuit court of the placement court order, notify the sheriff | ||
of the designated facility. Upon receipt of that notice, the | ||
sheriff shall promptly transport the defendant to the | ||
designated facility. During
the period of time required to
| ||
determine the appropriate placement, the defendant shall
| ||
remain in jail. If, within 20 days of the transmittal by the |
clerk of the circuit court of the placement court order, the | ||
Department fails to notify the sheriff of the identity of the | ||
facility to which the defendant shall be transported, the | ||
sheriff shall contact a designated person within the Department | ||
to inquire about when a placement will become available at the | ||
designated facility and bed availability at other facilities. | ||
If, within
20 days of the transmittal by the clerk of the | ||
circuit court of the placement court order, the Department
| ||
fails to notify the sheriff of the identity of the facility to
| ||
which the defendant shall be transported, the sheriff shall
| ||
notify the Department of its intent to transfer the defendant | ||
to the nearest secure mental health facility operated by the | ||
Department and inquire as to the status of the placement | ||
evaluation and availability for admission to such facility | ||
operated by the Department by contacting a designated person | ||
within the Department. The Department shall respond to the | ||
sheriff within 2 business days of the notice and inquiry by the | ||
sheriff seeking the transfer and the Department shall provide | ||
the sheriff with the status of the placement evaluation, | ||
information on bed and placement availability, and an estimated | ||
date of admission for the defendant and any changes to that | ||
estimated date of admission. If the Department notifies the | ||
sheriff during the 2 business day period of a facility operated | ||
by the Department with placement availability, the sheriff | ||
shall promptly transport the defendant to that facility.
| ||
Individualized placement evaluations by the Department of |
Human Services determine the most appropriate setting for | ||
forensic treatment based upon a number of factors including | ||
mental health diagnosis, proximity to surviving victims, | ||
security need, age, gender, and proximity to family.
| ||
The Department shall provide the Court with a report of its | ||
evaluation
within 30 days of the date of this order. The Court | ||
shall hold a hearing
as provided under the Mental Health and | ||
Developmental Disabilities Code to
determine if the individual | ||
is:
(a)
in need of mental health services on an inpatient | ||
basis; (b) in
need of
mental health services on an outpatient | ||
basis; (c) a person not in
need of
mental health services. The | ||
Court shall enter its findings.
| ||
If the defendant is found to be in
need
of mental health | ||
services on an inpatient care basis, the Court shall order the
| ||
defendant to the Department of Human Services.
The defendant | ||
shall be placed in a secure setting. Such
defendants placed in | ||
a secure setting shall not be permitted outside the
facility's | ||
housing unit unless escorted or accompanied by personnel of the
| ||
Department of Human Services or with the prior approval of the | ||
Court for
unsupervised
on-grounds privileges as provided
| ||
herein.
Any defendant placed in a secure setting pursuant to | ||
this Section,
transported to court hearings or other necessary | ||
appointments
off facility grounds
by personnel of
the | ||
Department of Human Services, shall be
placed in security | ||
devices
or otherwise secured during the period of | ||
transportation to assure
secure transport of the defendant and |
the safety of Department
of Human Services personnel and | ||
others. These security measures
shall not constitute restraint | ||
as defined in the Mental Health and
Developmental Disabilities | ||
Code.
If the defendant is found to be in need of mental health | ||
services,
but not on an inpatient care basis, the Court shall | ||
conditionally release
the defendant, under such conditions as | ||
set forth in this Section as will
reasonably assure the | ||
defendant's satisfactory progress and participation
in | ||
treatment or
rehabilitation and the safety of the defendant and | ||
others. If the
Court
finds the person not in need of mental | ||
health services, then the Court
shall order the defendant | ||
discharged from custody.
| ||
(a-1) Definitions. For the purposes of this Section:
| ||
(A) (Blank).
| ||
(B) "In need of mental health services on an inpatient | ||
basis" means: a
defendant who has been found not guilty by | ||
reason of insanity but who , due to mental illness , is
| ||
reasonably expected to inflict
serious physical harm upon | ||
himself or another and who would benefit from
inpatient | ||
care or is in need of inpatient care.
| ||
(C) "In need of mental health services on an outpatient | ||
basis" means:
a defendant who has been found not guilty by | ||
reason of insanity who is not in need of mental health | ||
services on
an inpatient basis, but is in need of | ||
outpatient care, drug and/or alcohol
rehabilitation | ||
programs, community adjustment programs, individual, |
group,
or family therapy, or chemotherapy.
| ||
(D) "Conditional Release" means: the release from | ||
either the custody
of the Department of Human Services
or | ||
the custody of the Court of a person who has been found not | ||
guilty by
reason of insanity under such conditions as the | ||
Court may impose which
reasonably assure the defendant's | ||
satisfactory progress in
treatment or habilitation and the | ||
safety of the defendant and others. The
Court shall | ||
consider such terms and conditions which may include, but | ||
need
not be limited to, outpatient care, alcoholic and drug | ||
rehabilitation programs,
community adjustment programs, | ||
individual, group, family, and chemotherapy,
random | ||
testing to ensure the defendant's timely and continuous | ||
taking of any
medicines prescribed
to control or manage his | ||
or her conduct or mental state, and
periodic checks with | ||
the legal authorities and/or the Department of Human
| ||
Services.
The Court may order as a condition of conditional | ||
release that the
defendant not contact the victim of the | ||
offense that
resulted in the finding or
verdict of not | ||
guilty by reason of insanity or any other person. The Court | ||
may
order the
Department of
Human Services to provide care | ||
to any
person conditionally released under this Section. | ||
The Department may contract
with any public or private | ||
agency in order to discharge any responsibilities
imposed | ||
under this Section. The Department shall monitor the | ||
provision of
services to persons conditionally released |
under this Section and provide
periodic reports to the | ||
Court concerning the services and the condition of the
| ||
defendant.
Whenever a person is conditionally released | ||
pursuant to this Section, the
State's Attorney for the | ||
county in which the hearing is held shall designate in
| ||
writing the name, telephone number, and address of a person | ||
employed by him or
her who
shall be notified in the event | ||
that either the reporting agency or the
Department decides | ||
that the conditional release of the defendant should be
| ||
revoked or modified pursuant to subsection (i) of this | ||
Section. Such
conditional release shall be for
a period of | ||
five years. However, the defendant, the person or
facility
| ||
rendering the treatment, therapy, program or outpatient | ||
care, the
Department, or the
State's Attorney may petition | ||
the Court for an extension of
the conditional
release | ||
period for an additional 5 years. Upon receipt of such a
| ||
petition, the Court shall hold a hearing consistent with | ||
the provisions of
paragraph (a), this paragraph (a-1),
and | ||
paragraph (f) of this Section, shall determine
whether the | ||
defendant should continue to be subject to the terms of
| ||
conditional release, and shall enter an order either | ||
extending the
defendant's period of conditional release | ||
for an additional 5-year
5
year period or discharging the | ||
defendant.
Additional 5-year periods of conditional | ||
release may be ordered following a
hearing as provided in | ||
this Section. However,
in no event shall the defendant's
|
period of conditional release continue beyond the maximum | ||
period of
commitment ordered by the Court pursuant to | ||
paragraph (b) of this Section. These provisions for
| ||
extension of conditional release shall only apply to | ||
defendants
conditionally released on or after August 8, | ||
2003. However , the extension
provisions of Public Act | ||
83-1449 apply only to defendants charged
with a forcible | ||
felony.
| ||
(E) "Facility director" means the chief officer of a | ||
mental health or
developmental disabilities facility or | ||
his or her designee or the supervisor of
a program of | ||
treatment or habilitation or his or her designee. | ||
"Designee" may
include a physician, clinical psychologist, | ||
social worker, nurse, or clinical
professional counselor.
| ||
(b) If the Court finds the defendant in need of mental | ||
health services on an
inpatient basis, the
admission, | ||
detention, care, treatment or habilitation, treatment plans,
| ||
review proceedings, including review of treatment and | ||
treatment plans, and
discharge of the defendant after such | ||
order shall be under the
Mental Health and Developmental | ||
Disabilities Code, except that the
initial order for admission | ||
of a defendant acquitted of a felony by
reason of insanity | ||
shall be for an indefinite period of time. Such period
of | ||
commitment shall not exceed the maximum
length of time that the | ||
defendant would have been required to serve,
less credit for | ||
good behavior as provided in Section 5-4-1 of the Unified
Code |
of Corrections, before becoming eligible for
release had
he | ||
been convicted of and received the maximum sentence for the | ||
most
serious crime for which he has been acquitted by reason of | ||
insanity. The
Court shall determine the maximum period of | ||
commitment by an appropriate
order. During this period of time, | ||
the defendant shall not be permitted
to be in the community in | ||
any manner, including , but not limited to , off-grounds
| ||
privileges, with or without escort by personnel of the | ||
Department of Human
Services, unsupervised on-grounds | ||
privileges,
discharge or conditional or temporary release, | ||
except by a plan as provided in
this Section. In no event shall | ||
a defendant's continued unauthorized
absence be a basis for | ||
discharge. Not more than 30 days after admission
and every 90 | ||
days thereafter so long as the initial order
remains in effect, | ||
the facility director shall file a treatment plan report
in | ||
writing with the court
and forward a copy of the treatment plan | ||
report to the clerk of the
court, the State's Attorney, and the | ||
defendant's attorney, if the defendant is
represented by | ||
counsel,
or to a person authorized by
the defendant under the
| ||
Mental Health and Developmental Disabilities Confidentiality | ||
Act to be sent a
copy of the report. The report shall include | ||
an opinion
as to whether the
defendant is currently in need of | ||
mental
health services on an inpatient basis or in need of | ||
mental health services
on
an outpatient basis. The report shall | ||
also summarize the basis for those
findings and provide a | ||
current summary of the following items from the
treatment plan: |
(1) an assessment of the defendant's treatment needs, (2) a
| ||
description of the services recommended for treatment, (3) the | ||
goals of each
type of element of service, (4) an anticipated | ||
timetable for the accomplishment
of the goals, and (5) a | ||
designation of the qualified professional responsible
for the | ||
implementation of the plan.
The report may also include | ||
unsupervised on-grounds
privileges, off-grounds privileges | ||
(with or without escort by personnel of the
Department of Human | ||
Services), home visits and
participation in work
programs, but | ||
only where such privileges have been approved by specific court
| ||
order, which order may include such conditions on the defendant | ||
as the
Court may deem appropriate and necessary to reasonably | ||
assure the defendant's
satisfactory progress in treatment and | ||
the safety of the defendant and others.
| ||
(c) Every defendant acquitted of a felony by reason of | ||
insanity and
subsequently found to be in need of
mental health | ||
services shall be represented by counsel in all proceedings | ||
under
this Section and under the Mental Health and | ||
Developmental Disabilities Code.
| ||
(1) The Court shall appoint as counsel the public | ||
defender or an
attorney licensed by this State.
| ||
(2) Upon filing with the Court of a verified statement | ||
of legal
services rendered by the private attorney | ||
appointed pursuant to
paragraph (1) of this subsection, the | ||
Court shall determine a reasonable
fee for such services. | ||
If the defendant is unable to pay the fee, the
Court shall |
enter an order upon the State to pay the entire fee or such
| ||
amount as the defendant is unable to pay from funds | ||
appropriated by the
General Assembly for that purpose.
| ||
(d) When the facility director determines that:
| ||
(1) the defendant is no longer
in need of mental health | ||
services on an inpatient basis; and
| ||
(2) the defendant may be conditionally released | ||
because he
or she is still in need of mental health | ||
services or that the defendant
may be discharged as not in | ||
need of any mental health services; or
| ||
(3) (blank);
| ||
the facility director shall give written notice
to the Court, | ||
State's Attorney and defense attorney.
Such notice shall set | ||
forth in detail the basis for the recommendation of
the | ||
facility director, and specify clearly the recommendations, if | ||
any,
of the facility director, concerning conditional release.
| ||
Any recommendation for conditional release shall include an | ||
evaluation of
the defendant's need for psychotropic | ||
medication, what provisions should be
made, if any, to ensure | ||
that the defendant will continue to receive
psychotropic | ||
medication following discharge, and what provisions should be | ||
made
to assure the safety of the defendant and others in the | ||
event the defendant is
no longer receiving psychotropic | ||
medication.
Within 30 days of
the notification by the facility | ||
director, the Court shall set a hearing and
make a finding as | ||
to whether the defendant is:
|
(i) (blank); or
| ||
(ii) in need of mental health services in the form of | ||
inpatient care; or
| ||
(iii) in need of mental health services but not subject | ||
to inpatient care;
or
| ||
(iv) no longer in need of mental health services; or
| ||
(v) (blank).
| ||
Upon finding by the Court, the Court shall enter its | ||
findings and such
appropriate order as provided in subsections | ||
(a) and (a-1) of this Section.
| ||
(e) A defendant admitted pursuant to this Section, or any | ||
person on
his behalf, may file a petition for treatment plan | ||
review
or discharge or conditional release under the
standards | ||
of this Section in the Court which rendered the verdict. Upon
| ||
receipt of a petition for treatment plan review or discharge or | ||
conditional release, the Court shall set a hearing to
be held | ||
within 120 days. Thereafter, no new petition
may be filed for | ||
180 days
without leave of the Court.
| ||
(f) The Court shall direct that notice of the time and | ||
place of the
hearing be served upon the defendant, the facility | ||
director, the State's
Attorney, and the defendant's attorney. | ||
If requested by either the State or the
defense or if the Court | ||
feels it is appropriate, an impartial examination
of the | ||
defendant by a psychiatrist or clinical psychologist as defined | ||
in
Section 1-103 of the Mental Health and Developmental | ||
Disabilities Code who
is not in the employ of the Department of |
Human Services shall be ordered, and
the report considered at
| ||
the time of the hearing.
| ||
(g) The findings of the Court shall be established by clear | ||
and
convincing evidence. The burden of proof and the burden of | ||
going forth
with the evidence rest with the defendant or any | ||
person on the defendant's
behalf when a hearing is held to | ||
review
a petition filed by or on
behalf of the defendant. The | ||
evidence shall be presented in open
Court
with the right of | ||
confrontation and cross-examination.
Such evidence may | ||
include, but is not limited to:
| ||
(1) whether the defendant appreciates the harm caused | ||
by the defendant to
others and the community by his or her | ||
prior
conduct
that resulted in the finding of not guilty by | ||
reason of insanity;
| ||
(2) Whether the person appreciates the criminality of | ||
conduct similar to
the conduct for which he or she was | ||
originally charged in this matter;
| ||
(3) the current state of
the defendant's illness;
| ||
(4) what, if any, medications the defendant is taking | ||
to
control his or her mental illness;
| ||
(5) what, if any, adverse physical side effects
the | ||
medication has on the defendant;
| ||
(6) the length of time it would take for the | ||
defendant's mental health to
deteriorate
if
the
defendant | ||
stopped taking prescribed medication;
| ||
(7) the defendant's history or potential for alcohol |
and drug abuse;
| ||
(8) the defendant's past criminal history;
| ||
(9) any specialized physical or medical needs of the | ||
defendant;
| ||
(10) any family participation or involvement expected | ||
upon release and
what is the willingness and ability of the | ||
family to participate or be
involved;
| ||
(11) the defendant's potential to be a danger to | ||
himself, herself, or
others; and
| ||
(12) any other factor or factors the Court deems | ||
appropriate.
| ||
(h) Before the court orders that the defendant be | ||
discharged or
conditionally released, it shall order the | ||
facility director to establish a
discharge plan that includes a | ||
plan for the defendant's shelter, support, and
medication. If | ||
appropriate, the court shall order that the facility director
| ||
establish a program to train the defendant in self-medication | ||
under standards
established by the Department of Human | ||
Services.
If the Court finds, consistent with the provisions of | ||
this Section,
that the defendant is no longer in need of mental
| ||
health services it shall order the facility director to | ||
discharge the
defendant. If the Court finds, consistent with | ||
the provisions of this
Section, that the defendant is in need | ||
of mental
health services, and no longer in need of inpatient | ||
care, it shall order
the facility director to release the | ||
defendant under such conditions as the
Court deems appropriate |
and as provided by this Section. Such conditional
release shall | ||
be imposed for a period of 5 years as provided in
paragraph
(D) | ||
of subsection (a-1) and shall be
subject
to later modification | ||
by the Court as provided by this Section. If the
Court finds | ||
consistent with the provisions in this Section that the
| ||
defendant is in
need of mental health services on an inpatient | ||
basis, it shall order the
facility director not to discharge or | ||
release the defendant in accordance
with paragraph (b) of this | ||
Section.
| ||
(i) If within the period of the defendant's conditional | ||
release
the State's Attorney determines that the defendant has | ||
not fulfilled the
conditions of his or her release, the State's | ||
Attorney may petition the
Court
to
revoke or modify the | ||
conditional release of the defendant. Upon the filing of
such | ||
petition the defendant may be remanded to the custody of the | ||
Department,
or to any other mental health facility designated | ||
by the Department, pending
the resolution of the petition. | ||
Nothing in this Section shall prevent the
emergency admission | ||
of a defendant pursuant to Article VI of Chapter III of the
| ||
Mental Health
and Developmental Disabilities Code or the | ||
voluntary admission of the defendant
pursuant to Article IV of | ||
Chapter III of the Mental Health and Developmental
Disabilities
| ||
Code. If
the Court determines, after hearing evidence, that the | ||
defendant has
not fulfilled the conditions of release, the | ||
Court shall order a hearing
to be held consistent with the | ||
provisions of paragraph (f) and (g) of this
Section. At such |
hearing, if the Court finds that the defendant is in need of | ||
mental health services on an inpatient
basis, it shall enter an | ||
order remanding him or her to the Department of
Human Services | ||
or other
facility. If the defendant is remanded to the | ||
Department of Human Services, he
or she shall be placed in
a | ||
secure setting unless the Court
determines that there are | ||
compelling reasons that such placement is not
necessary. If the
| ||
Court finds that the defendant continues to be in need of | ||
mental health
services but not on an inpatient basis, it may | ||
modify the conditions of
the original release in order to | ||
reasonably assure the defendant's satisfactory
progress in | ||
treatment and his or her safety and the safety of others in
| ||
accordance with the standards established in paragraph (D) of | ||
subsection (a-1). Nothing in
this Section shall limit a Court's | ||
contempt powers or any other powers of a
Court.
| ||
(j) An order of admission under this Section does not | ||
affect the
remedy of habeas corpus.
| ||
(k) In the event of a conflict between this Section and the | ||
Mental Health
and Developmental Disabilities Code or the Mental | ||
Health and Developmental
Disabilities Confidentiality Act, the | ||
provisions of this Section shall govern.
| ||
(l) Public Act 90-593 This amendatory Act shall apply to | ||
all persons who have been found
not guilty by reason of | ||
insanity and who are presently committed to the
Department of | ||
Mental Health and Developmental Disabilities (now the
| ||
Department of Human Services).
|
(m)
The Clerk of the Court shall transmit a certified copy | ||
of the order of
discharge or conditional release to the | ||
Department of Human Services, to the sheriff of the county from | ||
which the defendant was admitted, to the Illinois Department of | ||
State Police, to
the proper law enforcement agency for the | ||
municipality
where the offense took
place, and to the sheriff | ||
of the county into which the defendant is
conditionally | ||
discharged. The Illinois Department of State Police shall
| ||
maintain a
centralized record of discharged or conditionally | ||
released defendants while
they are under court supervision for | ||
access and use of appropriate law
enforcement agencies.
| ||
(Source: P.A. 100-27, eff. 1-1-18; 100-424, eff. 1-1-18; | ||
revised 10-10-17.)
| ||
Section 590. The Code of Civil Procedure is amended by | ||
changing Section 3-107 as follows:
| ||
(735 ILCS 5/3-107) (from Ch. 110, par. 3-107)
| ||
Sec. 3-107. Defendants.
| ||
(a) Except as provided in subsection (b) or (c), in any | ||
action to review any final
decision of an administrative | ||
agency, the administrative agency and all
persons, other than | ||
the plaintiff, who were parties of record to the
proceedings | ||
before the
administrative agency shall be made defendants. The | ||
method of service of the decision shall be as provided in the | ||
Act governing the procedure before the administrative agency, |
but if no method is provided, a decision shall be deemed to | ||
have been served either when a copy of the decision is | ||
personally delivered or when a copy of the decision is | ||
deposited in the United States mail, in a sealed envelope or | ||
package, with postage prepaid, addressed to the party affected | ||
by the decision at his or her last known residence or place of | ||
business. The form of the summons and the issuance of alias | ||
summons shall be according to rules of the Supreme Court.
| ||
No action for administrative review shall be dismissed for | ||
lack of
jurisdiction: (1) based upon misnomer of an agency, | ||
board, commission, or party that is properly served with | ||
summons that was issued in the action within the applicable | ||
time limits; or (2) for a failure to name an employee, agent, | ||
or member, who
acted in his or her official capacity, of an | ||
administrative agency, board,
committee, or government entity | ||
where a timely action for administrative review has been filed | ||
that identifies the final administrative decision under review | ||
and that makes a good faith effort to properly name the | ||
administrative agency, board,
committee, or government entity. | ||
Naming the director or agency head, in his or her official
| ||
capacity, shall be deemed to include as defendant the | ||
administrative agency,
board, committee, or government entity | ||
that the named defendants direct or
head. No action for | ||
administrative review shall be dismissed for lack of
| ||
jurisdiction based upon the failure to name an administrative | ||
agency, board,
committee, or government entity, where the |
director or agency head, in his or
her official capacity, has | ||
been named as a defendant as provided in this
Section.
| ||
If, during the course of a review action, the court | ||
determines that an agency or a party
of record to the | ||
administrative proceedings was not made a defendant as
required | ||
by the preceding paragraph, then the
court shall grant the | ||
plaintiff 35 days from the date of the determination in
which | ||
to name and serve the unnamed agency or party as a defendant. | ||
The court shall
permit the newly served defendant to | ||
participate in the proceedings to the
extent the interests of | ||
justice may require.
| ||
(b) With respect to actions to review decisions of a zoning | ||
board of
appeals under Division 13 of Article 11 of the | ||
Illinois Municipal Code, "parties of
record" means only the | ||
zoning board of appeals and applicants before the
zoning board | ||
of appeals. The plaintiff shall send a notice of filing of
the | ||
action by certified mail to each other person who appeared | ||
before and
submitted oral testimony or written statements to | ||
the zoning board of
appeals with respect to the decision | ||
appealed from. The notice shall be
mailed within 2 days of the | ||
filing of the action. The notice shall state
the caption of the | ||
action, the court in which the action is filed, and the
names | ||
of the plaintiff in the action and the applicant to the zoning | ||
board
of appeals. The notice shall inform the person of his or | ||
her right to
intervene. Each person who appeared before and | ||
submitted oral testimony
or written statements to the zoning |
board of appeals with respect to the
decision appealed from | ||
shall have a right to intervene as a defendant in
the action | ||
upon application made to the court within 30 days of the | ||
mailing
of the notice.
| ||
(c) With respect to actions to review decisions of a | ||
hearing officer or a county zoning board of appeals under | ||
Division 5-12 of Article 5 of the Counties Code, "parties of | ||
record" means only the hearing officer or the zoning board of | ||
appeals and applicants before the hearing officer or the zoning | ||
board of appeals. The plaintiff shall send a notice of filing | ||
of the action by certified mail to each other person who | ||
appeared before and submitted oral testimony or written | ||
statements to the hearing officer or the zoning board of | ||
appeals with respect to the decision appealed from. The notice | ||
shall be mailed within 2 days of the filing of the action. The | ||
notice shall state the caption of the action, the court in | ||
which the action is filed, and the name of the plaintiff in the | ||
action and the applicant to the hearing officer or the zoning | ||
board of appeals. The notice shall inform the person of his or | ||
her right to intervene. Each person who appeared before and | ||
submitted oral testimony or written statements to the hearing | ||
officer or the zoning board of appeals with respect to the | ||
decision appealed from shall have a right to intervene as a | ||
defendant in the action upon application made to the court | ||
within 30 days of the mailing of the notice. This subsection | ||
(c) applies to zoning proceedings commenced on or after July 1, |
2007 (the effective date of Public Act 95-321).
| ||
(d) The changes to this Section made by Public Act 95-831 | ||
apply to all actions filed on or after August 21, 2007 (the | ||
effective date of Public Act 95-831). The changes made by | ||
Public Act 100-212 this amendatory Act of the 100th General | ||
Assembly apply to all actions filed on or after August 18, 2017 | ||
( the effective date of Public Act 100-212) this amendatory Act | ||
of the 100th General Assembly . | ||
(Source: P.A. 100-83, eff. 1-1-18; 100-212, eff. 8-18-17; | ||
revised 10-6-17.)
| ||
Section 595. The Eminent Domain Act is amended by setting | ||
forth, renumbering, and changing multiple versions of Section | ||
25-5-70 as follows: | ||
(735 ILCS 30/25-5-70) | ||
(Section scheduled to be repealed on August 4, 2019) | ||
Sec. 25-5-70. Quick-take; Macon County; Brush College | ||
Road. | ||
(a) Quick-take proceedings under Article 20 may be used for | ||
a period of no more than one year after August 4, 2017 ( the | ||
effective date of Public Act 100-39) this amendatory Act of the | ||
100th General Assembly by Macon County and the City of Decatur | ||
for the acquisition of the following described property for the | ||
purpose of construction on Brush College Road: |
Parcel 001
| ||
Macon County | ||
Route: Brush College Road | ||
Owner: The JDW Trust | ||
Section: 14-00268-02-EG | ||
Job Number: 6447 | ||
Sta. 30+71 RT. to Sta. 52+97 RT. (North Brush College Road) | ||
Permanent Index Number: 18-08-30-400-014
| ||
Part of the North Half of the Southeast Quarter of Section 30, | ||
Township 17 North, Range 3 East of the Third Principal | ||
Meridian, Macon County, Illinois, more particularly described | ||
as follows: | ||
Commencing at the Northeast corner of the Southeast Quarter of | ||
Section 30, Township 17 North, Range 3 East of the Third | ||
Principal Meridian; thence West along the North line of said | ||
Southeast Quarter, a bearing based on the Illinois Coordinate | ||
System East Zone NAD83 (2011) Adjustment South 89 degrees 01 | ||
minutes 31 seconds West, a distance of 1168.47 feet to the | ||
Point of Beginning for the following described parcel: | ||
Thence South 19 degrees 55 minutes 15 seconds West, a distance | ||
of 164.68 feet; thence South 22 degrees 09 minutes 15 seconds | ||
East, a distance of 9.83 feet; thence South 67 degrees 09 | ||
minutes 15 seconds East, a distance of 425.00 feet; thence |
South 66 degrees 16 minutes 22 seconds East, a distance of | ||
283.28 feet to a point of curvature; thence Southeasterly along | ||
a circular curve to the right, radius point being South, a | ||
radius of 1067.71 feet, the chord across the last described | ||
circular curve course bears South 55 degrees 49 minutes 53 | ||
seconds East, a distance of 389.47 feet; thence North 79 | ||
degrees 23 minutes 00 seconds East, a distance of 40.06 feet to | ||
a point of curvature; thence Northeasterly along a circular | ||
curve to the left, radius point being West, a radius of 625.00 | ||
feet, the chord across the last described circular curve course | ||
bears North 30 degrees 51 minutes 43 seconds East, a distance | ||
of 284.02 feet to a point on the West Right of Way line of Brush | ||
College Road; thence South 00 degrees 20 minutes 50 seconds | ||
East along the said West Right of Way line, a distance of | ||
871.15 feet; thence Northwesterly along a circular curve to the | ||
left, radius point being South, a radius of 931.75 feet, the | ||
chord across the last described circular curve course bears | ||
North 39 degrees 00 minutes 19 seconds West, a distance of | ||
905.05 feet; thence North 68 degrees 04 minutes 22 seconds | ||
West, a distance of 233.28 feet; thence North 67 degrees 09 | ||
minutes 15 seconds West, a distance of 850.00 feet; thence | ||
North 77 degrees 09 minutes 14 seconds West, a distance of | ||
130.95 feet to a point on the Easterly Right of Way Line of | ||
Illinois Route 48; thence North 37 degrees 48 minutes 50 | ||
seconds East along the said Easterly Right of Way Line, a | ||
distance of 156.61 feet to the Southwest corner of Lot 2 as |
designated upon the Final Plat of WMCD Subdivision, being a | ||
subdivision in the SE. 1/4 and SW. 1/4 of the NE. 1/4 of | ||
Section 30, Township 17 North, Range 3 East of the Third | ||
Principal Meridian, Macon County, Illinois and recorded in Book | ||
1832, Page 338 of the Records in the Recorder's Office of Macon | ||
County, Illinois; thence North 89 degrees 01 minutes 31 seconds | ||
East along the North line of said Southeast Quarter as | ||
aforesaid to the Point of Beginning, containing 8.310 acres, | ||
more or less. | ||
(b) This Section is repealed August 4, 2019 ( 2 years after | ||
the effective date of Public Act 100-39) this amendatory Act of | ||
the 100th General Assembly .
| ||
(Source: P.A. 100-39, eff. 8-4-17; revised 11-6-17.) | ||
(735 ILCS 30/25-5-72) | ||
Sec. 25-5-72 25-5-70 . Quick-take; McHenry County; Randall | ||
Road. Quick-take proceedings under Article 20 may be used for a | ||
period of no more than one year after August 25, 2017 ( the | ||
effective date of Public Act 100-446) this amendatory Act of | ||
the 100th General Assembly by McHenry County for the | ||
acquisition of the following described property for the purpose | ||
of construction on Randall Road: | ||
RANDALL ROAD, McHENRY COUNTY, ILLINOIS | ||
LEGAL DESCRIPTIONS |
*** | ||
That part of Lot 3, except the West 10.0 feet thereof | ||
conveyed to McHenry County, Illinois, by quit claim deed | ||
recorded July 30, 2008 as document number 2008R0041806, in | ||
Rosen Rosen Rosen Subdivision, being a subdivision of part of | ||
the Northwest Quarter of Section 32, Township 43 North, Range 8 | ||
East of the Third Principal Meridian, according to the plat | ||
thereof recorded July 26, 2001 as document number 2001R0052702, | ||
in McHenry County, Illinois, bearings and distances are based | ||
on the Illinois Coordinate System, NAD 83(2011) East Zone, with | ||
a combination factor of 0.9999373735, described as follows: | ||
Commencing at the southwest corner of said Lot 3; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
South 87 degrees 20 minutes 06 seconds East along the south | ||
line of said Lot 3, a distance of 10.00 feet to the east right | ||
of way line of Randall Road recorded July 30, 2008 as document | ||
number 2008R0041806 and the point of beginning; thence North 2 | ||
degrees 40 minutes 02 seconds East along the said east right of | ||
way line of Randall Road, a distance of 227.85 feet to the | ||
northerly line of said Lot 3; thence North 81 degrees 39 | ||
minutes 50 seconds East along the northerly line of said Lot 3, | ||
a distance of 3.52 feet; thence South 2 degrees 47 minutes 42 | ||
seconds West, a distance of 228.52 feet to the south line of | ||
said Lot 3; thence North 87 degrees 20 minutes 06 seconds West |
along the south line of said Lot 3, a distance of 2.94 feet to | ||
the point of beginning. | ||
Said parcel containing 0.017 acre, more or less. | ||
*** | ||
That part of Lot 3, except the West 10.0 feet thereof | ||
conveyed to McHenry County, Illinois, by quit claim deed | ||
recorded July 30, 2008 as document number 2008R0041806, in | ||
Rosen Rosen Rosen Subdivision, being a subdivision of part of | ||
the Northwest Quarter of Section 32, Township 43 North, Range 8 | ||
East of the Third Principal Meridian, according to the plat | ||
thereof recorded July 26, 2001 as document number 2001R0052702, | ||
in McHenry County, Illinois, bearings and distances are based | ||
on the Illinois Coordinate System, NAD 83(2011) East Zone, with | ||
a combination factor of 0.9999373735, described as follows: | ||
Commencing at the southwest corner of said Lot 3; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
South 87 degrees 20 minutes 06 seconds East along the south | ||
line of said Lot 3, a distance of 10.00 feet to the east right | ||
of way line of Randall Road recorded July 30, 2008 as document | ||
number 2008R0041806; thence North 2 degrees 40 minutes 02 | ||
seconds East along the said east right of way line of Randall | ||
Road, a distance of 227.85 feet to the northerly line of said |
Lot 3; thence North 81 degrees 39 minutes 50 seconds East along | ||
the northerly line of said Lot 3, a distance of 3.52 feet to | ||
the point of beginning; thence South 2 degrees 47 minutes 42 | ||
seconds West, a distance of 228.52 feet to the south line of | ||
said Lot 3; thence South 87 degrees 20 minutes 06 seconds East | ||
along the south line of said Lot 3, a distance of 8.00 feet; | ||
thence North 2 degrees 47 minutes 42 seconds East, a distance | ||
of 230.08 feet to the northerly line of said Lot 3; thence | ||
South 81 degrees 39 minutes 50 seconds West along the northerly | ||
line of said Lot 3, a distance of 8.15 feet to the point of | ||
beginning. | ||
Said temporary easement containing 0.043 acre, more or | ||
less. | ||
Said temporary easement to be used for grading purposes. | ||
*** | ||
That part of Lot 3 in Rubloff Oakridge Resubdivision, being | ||
a resubdivision of Lots 4, 5 and "A" in Olsen's Second | ||
Resubdivision in the Northeast Quarter of Section 31, Township | ||
43 North, Range 8 East of the Third Principal Meridian, | ||
according to the plat of said Rubloff Oakridge Resubdivision | ||
recorded November 1, 2002 as document number 2002R0100964, in | ||
McHenry County, Illinois, bearings and distances are based on |
the Illinois Coordinate System, NAD 83(2011) East Zone, with a | ||
combination factor of 0.9999373735, described as follows: | ||
Beginning at the northeast corner of said Lot 3; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
South 2 degrees 40 minutes 02 seconds West along the east line | ||
of said Lot 3, a distance of 22.73 feet to an angle point on | ||
said east line of Lot 3; thence South 5 degrees 31 minutes 46 | ||
seconds West along the east line of said Lot 3, a distance of | ||
100.12 feet to an angle point on said east line of Lot 3; | ||
thence South 2 degrees 40 minutes 02 seconds West along the | ||
east line of said Lot 3, a distance of 288.24 feet to the | ||
southeast corner of Lot 3; thence North 89 degrees 27 minutes | ||
18 seconds West along the south line of said Lot 3, a distance | ||
of 5.81 feet; thence North 2 degrees 47 minutes 42 seconds | ||
East, a distance of 170.94 feet; thence North 87 degrees 12 | ||
minutes 18 seconds West, a distance of 22.00 feet; thence North | ||
2 degrees 47 minutes 42 seconds East, a distance of 40.00 feet; | ||
thence South 87 degrees 12 minutes 18 seconds East, a distance | ||
of 15.00 feet; thence North 2 degrees 47 minutes 42 seconds | ||
East, a distance of 200.22 feet to the north line of said Lot | ||
3; thence South 87 degrees 20 minutes 16 seconds East along the | ||
north line of said Lot 3, a distance of 16.89 feet to the point | ||
of beginning. | ||
Said parcel containing 0.111 acre, more or less. |
*** | ||
That part of Lot 3 in Rubloff Oakridge Resubdivision, being | ||
a resubdivision of Lots 4, 5 and "A" in Olsen's Second | ||
Resubdivision in the Northeast Quarter of Section 31, Township | ||
43 North, Range 8 East of the Third Principal Meridian, | ||
according to the plat of said Rubloff Oakridge Resubdivision | ||
recorded November 1, 2002 as document number 2002R0100964, in | ||
McHenry County, Illinois, bearings and distances are based on | ||
the Illinois Coordinate System, NAD 83(2011) East Zone, with a | ||
combination factor of 0.9999373735, described as follows: | ||
Commencing at the northeast corner of said Lot 3; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
South 2 degrees 40 minutes 02 seconds West along the east line | ||
of said Lot 3, a distance of 22.73 feet to an angle point on | ||
said east line of Lot 3; thence South 5 degrees 31 minutes 46 | ||
seconds West along the east line of said Lot 3, a distance of | ||
100.12 feet to an angle point on said east line of Lot 3; | ||
thence South 2 degrees 40 minutes 02 seconds West along the | ||
east line of said Lot 3, a distance of 288.24 feet to the | ||
southeast corner of Lot 3; thence North 89 degrees 27 minutes | ||
18 seconds West along the south line of said Lot 3, a distance | ||
of 5.81 feet; thence North 2 degrees 47 minutes 42 seconds | ||
East, a distance of 170.94 feet; thence North 87 degrees 12 |
minutes 18 seconds West, a distance of 22.00 feet; thence North | ||
2 degrees 47 minutes 42 seconds East, a distance of 40.00 feet | ||
to the point of beginning; thence South 87 degrees 12 minutes | ||
18 seconds East, a distance of 15.00 feet; thence North 2 | ||
degrees 47 minutes 42 seconds East, a distance of 200.22 feet | ||
to the north line of said Lot 3; thence North 87 degrees 20 | ||
minutes 16 seconds West along the north line of said Lot 3, a | ||
distance of 15.00 feet; thence South 2 degrees 47 minutes 42 | ||
seconds West, a distance of 200.18 feet to the point of | ||
beginning. | ||
Said temporary easement containing 0.069 acre, more or | ||
less. | ||
Said temporary easement to be used for grading purposes. | ||
*** | ||
That part of Lot 1 in Olsen's Subdivision, being a | ||
subdivision of part of the East Half of the Northeast Quarter | ||
of Section 31, Township 43 North, Range 8 East of the Third | ||
Principal Meridian, according to the plat thereof recorded | ||
August 17, 1995 as document number 95R033749 and that part of | ||
Lot 3 in Olsen's Second Resubdivision, being a resubdivision of | ||
Lot 3 in Olsen's Subdivision recorded August 17, 1995 as | ||
document number 95R033749 and Lot 4 in Olsen's First |
Resubdivision of Lot 2 and part of Lot 3 in Olsen's Subdivision | ||
recorded August 14, 1996 as document number 96R042075 of part | ||
of the East Half of the Northeast Quarter of Section 31, | ||
Township 43 North, Range 8 East of the Third Principal | ||
Meridian, according to the plat of said Olsen's Second | ||
Resubdivision recorded November 5, 1999 as document number | ||
1999R0076925, in McHenry County, Illinois, bearings and | ||
distances are based on the Illinois Coordinate System, NAD | ||
83(2011) East Zone, with a combination factor of 0.9999373735, | ||
described as follows: | ||
Beginning at the southeast corner of said Lot 3; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
North 87 degrees 20 minutes 16 seconds West along a south line | ||
of said Lot 3, a distance of 16.89 feet; thence North 2 degrees | ||
47 minutes 42 seconds East, a distance of 154.86 feet to a | ||
point of curvature; thence northerly 437.88 feet along a curve | ||
to the left having a radius of 17159.52 feet, the chord of said | ||
curve bears North 2 degrees 03 minutes 51 seconds East, 437.87 | ||
feet; thence North 88 degrees 40 minutes 01 second West along a | ||
radial line, a distance of 15.00 feet; thence northerly 412.44 | ||
feet along a curve to the left having a radius of 17144.52 | ||
feet, the chord of said curve bears North 0 degrees 38 minutes | ||
38 seconds East, 412.43 feet; thence North 45 degrees 12 | ||
minutes 48 seconds West, a distance of 21.16 feet; thence South | ||
89 degrees 38 minutes 36 seconds West, a distance of 332.84 |
feet; thence North 83 degrees 51 minutes 10 seconds West, a | ||
distance of 197.73 feet to the west line of said Lot 1; thence | ||
North 1 degree 52 minutes 34 seconds East along the west line | ||
of said Lot 1, a distance of 12.43 feet to the northwest corner | ||
of Lot 1; thence North 89 degrees 21 minutes 14 seconds East | ||
along the north line of said Lot 1, a distance of 551.12 feet | ||
to the northeasterly line of Lot 1; thence South 45 degrees 19 | ||
minutes 13 seconds East along the northeasterly line of said | ||
Lot 1, a distance of 35.15 feet to east line of Lot 1; thence | ||
South 0 degrees 00 minutes 21 seconds West along the east line | ||
of said Lot 1, a distance of 430.58 feet (430.63 feet, | ||
recorded) to an angle point on the east line of Lot 1; thence | ||
South 2 degrees 40 minutes 02 seconds West along the east line | ||
of said Lot 1 and along the east line of said Lot 3, a distance | ||
of 603.78 feet to the point of beginning. | ||
Said parcel containing 0.993 acre, more or less. | ||
*** | ||
That part of Lot 1 in Olsen's Subdivision, being a | ||
subdivision of part of the East Half of the Northeast Quarter | ||
of Section 31, Township 43 North, Range 8 East of the Third | ||
Principal Meridian, according to the plat thereof recorded | ||
August 17, 1995 as document number 95R033749 and that part of | ||
Lot 3 in Olsen's Second Resubdivision, being a resubdivision of |
Lot 3 in Olsen's Subdivision recorded August 17, 1995 as | ||
document number 95R033749 and Lot 4 in Olsen's First | ||
Resubdivision of Lot 2 and part of Lot 3 in Olsen's Subdivision | ||
recorded August 14, 1996 as document number 96R042075 of part | ||
of the East Half of the Northeast Quarter of Section 31, | ||
Township 43 North, Range 8 East of the Third Principal | ||
Meridian, according to the plat of said Olsen's Second | ||
Resubdivision recorded November 5, 1999 as document number | ||
1999R0076925, in McHenry County, Illinois, bearings and | ||
distances are based on the Illinois Coordinate System, NAD | ||
83(2011) East Zone, with a combination factor of 0.9999373735, | ||
described as follows: | ||
Commencing at the southeast corner of said Lot 3; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
North 87 degrees 20 minutes 16 seconds West along a south line | ||
of said Lot 3, a distance of 16.89 feet to the point of | ||
beginning; thence North 2 degrees 47 minutes 42 seconds East, a | ||
distance of 154.86 feet to a point of curvature; thence | ||
northerly 437.88 feet along a curve to the left having a radius | ||
of 17159.52 feet, the chord of said curve bears North 2 degrees | ||
03 minutes 51 seconds East, 437.87 feet; thence North 88 | ||
degrees 40 minutes 01 second West along a radial line, a | ||
distance of 15.00 feet; thence southerly 437.50 feet along a | ||
curve to the right having a radius of 17144.52 feet, the chord | ||
of said curve bears South 2 degrees 03 minutes 51 seconds West, |
437.49 feet to a point of tangency; thence South 2 degrees 47 | ||
minutes 42 seconds West, a distance of 154.89 feet to a south | ||
line of said Lot 3; thence South 87 degrees 20 minutes 16 | ||
seconds East along a south line of said Lot 3, a distance of | ||
15.00 to the point of beginning. | ||
Said temporary easement containing 0.204 acre, more or | ||
less. | ||
Said temporary easement to be used for construction | ||
purposes. | ||
*** | ||
That part of Lot 1 in Olsen's Subdivision, being a | ||
subdivision of part of the East Half of the Northeast Quarter | ||
of Section 31, Township 43 North, Range 8 East of the Third | ||
Principal Meridian, according to the plat thereof recorded | ||
August 17, 1995 as document number 95R033749, in McHenry | ||
County, Illinois, bearings and distances are based on the | ||
Illinois Coordinate System, NAD 83(2011) East Zone, with a | ||
combination factor of 0.9999373735, described as follows: | ||
Commencing at the southeast corner of Lot 3 in Olsen's | ||
Second Resubdivision according to the plat thereof recorded | ||
November 5, 1999 as document number 1999R0076925; thence on an |
Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
North 87 degrees 20 minutes 16 seconds West along a south line | ||
of Lot 3 in said Olsen's Second Resubdivision, a distance of | ||
16.89 feet; thence North 2 degrees 47 minutes 42 seconds East, | ||
a distance of 154.86 feet to a point of curvature; thence | ||
northerly 437.88 feet along a curve to the left having a radius | ||
of 17159.52 feet, the chord of said curve bears North 2 degrees | ||
03 minutes 51 seconds East, 437.87 feet; thence North 88 | ||
degrees 40 minutes 01 second West along a radial line, a | ||
distance of 15.00 feet; thence northerly 35.00 feet along a | ||
curve to the left having a radius of 17144.52 feet, the chord | ||
of said curve bears North 1 degree 16 minutes 28 seconds East, | ||
35.00 feet to the point of beginning; thence northerly 377.44 | ||
feet along a curve to the left having a radius of 17144.52 | ||
feet, the chord of said curve bears North 0 degrees 35 minutes | ||
07 second East, 377.43 feet; thence North 45 degrees 12 minutes | ||
48 seconds West, a distance of 21.16 feet; thence South 89 | ||
degrees 38 minutes 36 seconds West, a distance of 332.84 feet; | ||
thence North 83 degrees 51 minutes 10 seconds West, a distance | ||
of 197.73 feet to the west line of said Lot 1; thence South 1 | ||
degree 52 minutes 34 seconds West along the west line of said | ||
Lot 1, a distance of 6.02 feet; thence South 83 degrees 51 | ||
minutes 10 second East, a distance of 197.62 feet; thence North | ||
89 degrees 38 minutes 36 seconds East, a distance of 338.15 | ||
feet; thence southerly 326.14 feet along a curve to the right | ||
having a radius of 17134.52 feet, the chord of said curve bears |
South 0 degrees 28 minutes 12 seconds West, 326.14 feet; thence | ||
North 88 degrees 40 minutes 01 second West, a distance of 30.00 | ||
feet; thence southerly 60.00 feet along a curve to the right | ||
having a radius of 17104.52 feet, the chord of said curve bears | ||
South 1 degree 06 minutes 55 seconds West, 60.00 feet; thence | ||
South 88 degrees 40 minutes 01 second East, a distance of 40.00 | ||
feet to the point of beginning. | ||
Said temporary easement containing 0.203 acre, more or | ||
less. | ||
Said temporary easement to be used for grading and driveway | ||
construction purposes. | ||
*** | ||
That part of the Northwest Quarter of Section 32, Township | ||
43 North, Range 8 East of the Third Principal Meridian, in | ||
McHenry County, Illinois, bearings and distances are based on | ||
the Illinois Coordinate System, NAD 83(2011) East Zone, with a | ||
combination factor of 0.9999373735, described as follows: | ||
Beginning at the northwest corner of the Northwest Quarter | ||
of said Section 32; thence on an Illinois Coordinate System NAD | ||
83(2011) East Zone bearing of South 89 degrees 47 minutes 34 | ||
seconds East along the north line of the Northwest Quarter of |
said Section 32, a distance of 23.41 feet to a point of | ||
intersection with the Northerly extension of the east right of | ||
way line of Randall Road recorded May 20, 1971 as document | ||
number 543017; thence South 0 degrees 00 minutes 21 seconds | ||
West along the Northerly extension of the said east right of | ||
way line of Randall Road, a distance of 70.00 feet to the south | ||
right of way line of Huntington Drive recorded July 23, 1990 as | ||
document number 90R026911; thence South 89 degrees 47 minutes | ||
34 seconds East along the said south right of way line of | ||
Huntington Drive, a distance of 99.99 feet to a point of | ||
curvature on said south right of way line; thence easterly | ||
114.98 feet (111.67 feet, recorded) along the southerly right | ||
of way line of said Huntington Drive on a curve to the left | ||
having a radius of 334.98 feet, the chord of said curve bears | ||
North 80 degrees 22 minutes 26 seconds East, 114.42 feet to a | ||
point of reverse curvature on said southerly right of way line; | ||
thence easterly 90.96 feet (88.34 feet, recorded) along the | ||
said southerly right of way line of Huntington Drive on a curve | ||
to the right having a radius of 264.98 feet, the chord of said | ||
curve bears North 80 degrees 22 minutes 26 seconds East, 90.51 | ||
feet to a point of tangency on the said south right of way line | ||
of Huntington Drive; thence South 89 degrees 47 minutes 34 | ||
seconds East along the said south right of way line of | ||
Huntington Drive, a distance of 319.64 feet; thence South 81 | ||
degrees 12 minutes 30 seconds West, a distance of 225.11 feet; | ||
thence South 8 degrees 47 minutes 30 seconds East, a distance |
of 5.00 feet; thence South 81 degrees 12 minutes 30 seconds | ||
West, a distance of 128.86 feet; thence South 89 degrees 38 | ||
minutes 36 seconds West, a distance of 172.42 feet; thence | ||
South 64 degrees 03 minutes 37 seconds West, a distance of | ||
69.23 feet; thence southerly 582.56 feet along a curve to the | ||
right having a radius of 17334.52 feet, the chord of said curve | ||
bears South 0 degrees 56 minutes 37 seconds West, 582.53 feet | ||
to the south line of the grantor according to warranty deed | ||
recorded March 9, 1910 as document number 15359; thence North | ||
89 degrees 35 minutes 06 seconds West along the south line of | ||
the grantor according to said warranty deed, a distance of | ||
77.27 feet to the west line of the Northwest Quarter of said | ||
Section 32; thence North 2 degrees 03 minutes 28 seconds East | ||
along the west line of the Northwest Quarter of said Section | ||
32, a distance of 710.08 feet (710 feet, recorded) to the point | ||
of beginning. | ||
Said parcel containing 1.559 acres, more or less, of which | ||
0.571 acre, more or less, was previously dedicated or used for | ||
highway purposes. | ||
*** | ||
That part of the Northwest Quarter of Section 32, Township | ||
43 North, Range 8 East of the Third Principal Meridian, in | ||
McHenry County, Illinois, bearings and distances are based on |
the Illinois Coordinate System, NAD 83(2011) East Zone, with a | ||
combination factor of 0.9999373735, described as follows: | ||
Commencing at the northwest corner of the Northwest Quarter | ||
of said Section 32; thence on an Illinois Coordinate System NAD | ||
83(2011) East Zone bearing of South 89 degrees 47 minutes 34 | ||
seconds East along the north line of the Northwest Quarter of | ||
said Section 32, a distance of 23.41 feet to a point of | ||
intersection with the Northerly extension of the east right of | ||
way line of Randall Road recorded May 20, 1971 as document | ||
number 543017; thence South 0 degrees 00 minutes 21 seconds | ||
West along the Northerly extension of the said east right of | ||
way line of Randall Road, a distance of 70.00 feet to the south | ||
right of way line of Huntington Drive recorded July 23, 1990 as | ||
document number 90R026911; thence South 89 degrees 47 minutes | ||
34 seconds East along the said south right of way line of | ||
Huntington Drive, a distance of 99.99 feet to a point of | ||
curvature on said south right of way line; thence easterly | ||
114.98 feet (111.67 feet, recorded) along the southerly right | ||
of way line of said Huntington Drive on a curve to the left | ||
having a radius of 334.98 feet, the chord of said curve bears | ||
North 80 degrees 22 minutes 26 seconds East, 114.42 feet to a | ||
point of reverse curvature on said southerly right of way line; | ||
thence easterly 90.96 feet (88.34 feet, recorded) along the | ||
said southerly right of way line of Huntington Drive on a curve | ||
to the right having a radius of 264.98 feet, the chord of said |
curve bears North 80 degrees 22 minutes 26 seconds East, 90.51 | ||
feet to a point of tangency on the said south right of way line | ||
of Huntington Drive; thence South 89 degrees 47 minutes 34 | ||
seconds East along the said south right of way line of | ||
Huntington Drive, a distance of 319.64 feet to the point of | ||
beginning; thence South 81 degrees 12 minutes 30 seconds West, | ||
a distance of 225.11 feet; thence South 8 degrees 47 minutes 30 | ||
seconds East, a distance of 5.00 feet; thence South 81 degrees | ||
12 minutes 30 seconds West, a distance of 128.86 feet; thence | ||
South 89 degrees 38 minutes 36 seconds West, a distance of | ||
172.42 feet; thence South 64 degrees 03 minutes 37 seconds | ||
West, a distance of 69.23 feet; thence southerly 582.56 feet | ||
along a curve to the right having a radius of 17334.52 feet, | ||
the chord of said curve bears South 0 degrees 56 minutes 37 | ||
seconds West, 582.53 feet to the south line of the grantor | ||
according to warranty deed recorded March 9, 1910 as document | ||
number 15359; thence South 89 degrees 35 minutes 06 seconds | ||
East along the south line of the grantor according to said | ||
warranty deed, a distance of 10.00 feet; thence northerly | ||
102.10 feet along a curve to the left having a radius of | ||
17344.52 feet, the chord of said curve bears North 1 degree 44 | ||
minutes 12 seconds East, 102.10 feet; thence North 90 degrees | ||
00 minutes 00 seconds East, a distance of 70.03 feet; thence | ||
northerly 295.03 feet along a curve to the left having a radius | ||
of 17414.52 feet, the chord of said curve bears North 1 degree | ||
04 minutes 35 seconds East, 295.03 feet; thence North 90 |
degrees 00 minutes 00 seconds East, a distance of 50.00 feet; | ||
thence northerly 125.49 feet along a curve to the left having a | ||
radius of 17464.52 feet, the chord of said curve bears North 0 | ||
degrees 23 minutes 01 second East, 125.49 feet; thence North 50 | ||
degrees 24 minutes 29 seconds East, a distance of 29.58 feet; | ||
thence North 89 degrees 38 minutes 36 seconds East, a distance | ||
of 87.71 feet; thence North 81 degrees 12 minutes 30 seconds | ||
East, a distance of 164.10 feet; thence North 65 degrees 08 | ||
minutes 08 seconds East, a distance of 133.64 feet; thence | ||
North 8 degrees 47 minutes 30 seconds West, a distance of 25.00 | ||
feet; thence North 81 degrees 12 minutes 30 seconds East, a | ||
distance of 112.61 feet; thence North 0 degrees 18 minutes 19 | ||
seconds East, a distance of 7.64 feet to the said south right | ||
of way line of Huntington Drive; thence North 89 degrees 47 | ||
minutes 34 seconds West along the said south right of way line | ||
of Huntington Drive, a distance of 47.64 feet to the point of | ||
beginning. | ||
Said temporary easement containing 1.849 acres, more or | ||
less. | ||
Said temporary easement to be used for grading purposes. | ||
*** | ||
That part of Lot 1 in Meijer Store #206 Subdivision, being |
a resubdivision of part of Lot 6 in Eagle Commercial Center in | ||
the Southeast Quarter of Section 30, Township 43 North, Range 8 | ||
East of the Third Principal Meridian, according to the plat of | ||
said Meijer #206 Subdivision recorded September 25, 2002 as | ||
document number 2002R0084811, in McHenry County, Illinois, | ||
bearings and distances are based on the Illinois Coordinate | ||
System, NAD 83(2011) East Zone, with a combination factor of | ||
0.9999373735, described as follows: | ||
Beginning at the southeast corner of said Lot 1; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
South 89 degrees 21 minutes 14 seconds West along the south | ||
line of said Lot 1, a distance of 281.80 feet (281.83 feet, | ||
recorded) to a southwest corner of Lot 1; thence northeasterly | ||
10.29 feet along a northwesterly line of said Lot 1 on a curve | ||
to the left having a radius of 49.00 feet, the chord of said | ||
curve bears North 30 degrees 40 minutes 11 seconds East, 10.27 | ||
feet; thence North 89 degrees 38 minutes 36 seconds East, a | ||
distance of 160.24 feet; thence South 0 degrees 21 minutes 24 | ||
seconds East, a distance of 5.00 feet; thence North 89 degrees | ||
38 minutes 36 seconds East, a distance of 54.47 feet; thence | ||
North 44 degrees 48 minutes 06 seconds East, a distance of | ||
87.77 feet to the east line of said Lot 1; thence South 0 | ||
degrees 01 minute 40 seconds West along the east line of said | ||
Lot 1, a distance of 64.27 feet to the point of beginning. |
Said parcel containing 0.082 acre, more or less. | ||
*** | ||
That part of Lot 1 in Meijer Store #206 Subdivision, being | ||
a resubdivision of part of Lot 6 in Eagle Commercial Center in | ||
the Southeast Quarter of Section 30, Township 43 North, Range 8 | ||
East of the Third Principal Meridian, according to the plat of | ||
said Meijer #206 Subdivision recorded September 25, 2002 as | ||
document number 2002R0084811, in McHenry County, Illinois, | ||
bearings and distances are based on the Illinois Coordinate | ||
System, NAD 83(2011) East Zone, with a combination factor of | ||
0.9999373735, described as follows: | ||
Beginning at a southeast corner of said Lot 1, being also | ||
the southwest corner of Lot 5 in said Meijer Store #206 | ||
Subdivision; thence on an Illinois Coordinate System NAD | ||
83(2011) East Zone bearing of South 89 degrees 21 minutes 14 | ||
seconds West along the south line of said Lot 1, a distance of | ||
74.24 feet; thence North 0 degrees 21 minutes 24 seconds West, | ||
a distance of 39.98 feet; thence North 89 degrees 24 minutes 27 | ||
seconds East, a distance of 63.85 feet to an east line of said | ||
Lot 1; thence South 0 degrees 21 minutes 27 seconds East along | ||
an east line of said Lot 1, a distance of 9.70 feet to a | ||
northeasterly line of Lot 1; thence southeasterly 32.50 feet | ||
along a northeasterly line of said Lot 1 on a curve to the left |
having a radius of 49.00 feet, the chord of said curve bears | ||
South 19 degrees 22 minutes 16 seconds East, 31.91 feet to the | ||
point of beginning. | ||
Said temporary easement containing 0.061 acre, more or | ||
less. | ||
Said temporary easement to be used for construction | ||
purposes. | ||
*** | ||
That part of Lot 1 in Meijer Store #206 Subdivision, being | ||
a resubdivision of part of Lot 6 in Eagle Commercial Center in | ||
the Southeast Quarter of Section 30, Township 43 North, Range 8 | ||
East of the Third Principal Meridian, according to the plat of | ||
said Meijer #206 Subdivision recorded September 25, 2002 as | ||
document number 2002R0084811, in McHenry County, Illinois, | ||
bearings and distances are based on the Illinois Coordinate | ||
System, NAD 83(2011) East Zone, with a combination factor of | ||
0.9999373735, described as follows: | ||
Commencing at the southeast corner of said Lot 1; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
South 89 degrees 21 minutes 14 seconds West along the south | ||
line of said Lot 1, a distance of 281.80 feet (281.83 feet, |
recorded) to a southwest corner of Lot 1; thence northeasterly | ||
10.29 feet along a northwesterly line of said Lot 1 on a curve | ||
to the left having a radius of 49.00 feet, the chord of said | ||
curve bears North 30 degrees 40 minutes 11 seconds East, 10.27 | ||
feet to the point of beginning; thence North 89 degrees 38 | ||
minutes 36 seconds East, a distance of 78.24 feet; thence North | ||
0 degrees 21 minutes 24 seconds West, a distance of 27.00 feet; | ||
thence South 89 degrees 38 minutes 36 seconds West, a distance | ||
of 73.61 feet to a west line of said Lot 1; thence South 0 | ||
degrees 06 minutes 47 seconds East along a west line of said | ||
Lot 1, a distance of 6.50 feet to a northwesterly line of Lot | ||
1; thence southwesterly 21.18 feet along a northwesterly line | ||
of said Lot 1 on a curve to the right having a radius of 49.00 | ||
feet, the chord of said curve bears South 12 degrees 16 minutes | ||
19 seconds West, 21.01 feet to the point of beginning. | ||
Said temporary easement containing 0.046 acre, more or | ||
less. | ||
Said temporary easement to be used for construction | ||
purposes. | ||
*** | ||
That part of Lot 1 in Meijer Store #206 Subdivision, being | ||
a resubdivision of part of Lot 6 in Eagle Commercial Center in |
the Southeast Quarter of Section 30, Township 43 North, Range 8 | ||
East of the Third Principal Meridian, according to the plat of | ||
said Meijer #206 Subdivision recorded September 25, 2002 as | ||
document number 2002R0084811, in McHenry County, Illinois, | ||
bearings and distances are based on the Illinois Coordinate | ||
System, NAD 83(2011) East Zone, with a combination factor of | ||
0.9999373735, described as follows: | ||
Commencing at the southeast corner of said Lot 1; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
South 89 degrees 21 minutes 14 seconds West along the south | ||
line of said Lot 1, a distance of 281.80 feet (281.83 feet, | ||
recorded) to a southwest corner of Lot 1; thence northeasterly | ||
10.29 feet along a northwesterly line of said Lot 1 on a curve | ||
to the left having a radius of 49.00 feet, the chord of said | ||
curve bears North 30 degrees 40 minutes 11 seconds East, 10.27 | ||
feet; thence North 89 degrees 38 minutes 36 seconds East, a | ||
distance of 160.24 feet; thence South 0 degrees 21 minutes 24 | ||
seconds East, a distance of 5.00 feet; thence North 89 degrees | ||
38 minutes 36 seconds East, a distance of 35.00 feet to the | ||
point of beginning; thence continuing North 89 degrees 38 | ||
minutes 36 seconds East, a distance of 19.47 feet; thence North | ||
44 degrees 48 minutes 06 seconds East, a distance of 87.77 feet | ||
to the east line of said Lot 1; thence North 0 degrees 01 | ||
minute 40 seconds East along the east line of said Lot 1, a | ||
distance of 391.21 feet to a northeast corner of Lot 1; thence |
southwesterly 49.51 feet along a northeasterly line of said Lot | ||
1 on a curve to the right having a radius of 98.99 feet, the | ||
chord of said curve bears South 62 degrees 09 minutes 20 | ||
seconds West, 48.99 feet; thence South 1 degree 09 minutes 06 | ||
seconds West, a distance of 56.02 feet; thence North 89 degrees | ||
58 minutes 13 seconds East, a distance of 36.65 feet; thence | ||
South 0 degrees 01 minute 47 seconds East, a distance of 312.74 | ||
feet; thence South 44 degrees 48 minutes 06 seconds West, a | ||
distance of 80.18 feet; thence South 89 degrees 38 minutes 36 | ||
seconds West, a distance of 17.40 feet; thence South 0 degrees | ||
21 minutes 24 seconds East, a distance of 5.00 feet to the | ||
point of beginning. | ||
Said temporary easement containing 0.132 acre, more or | ||
less. | ||
Said temporary easement to be used for construction | ||
purposes. | ||
*** | ||
That part of Lot 1 in Meijer Store #206 Subdivision, being | ||
a resubdivision of part of Lot 6 in Eagle Commercial Center in | ||
the Southeast Quarter of Section 30, Township 43 North, Range 8 | ||
East of the Third Principal Meridian, according to the plat of | ||
said Meijer #206 Subdivision recorded September 25, 2002 as |
document number 2002R0084811, in McHenry County, Illinois, | ||
bearings and distances are based on the Illinois Coordinate | ||
System, NAD83(2011) East Zone, with a combination factor of | ||
0.9999373735, described as follows: | ||
Beginning at the northeast corner of Lot 3 in said Meijer | ||
Store #206 Subdivision, being also a southeast corner of said | ||
Lot 1; thence on an Illinois Coordinate System NAD 83(2011) | ||
East Zone bearing of North 0 degrees 01 minute 40 seconds East | ||
along an east line of said Lot 1, a distance of 18.24 feet; | ||
thence northerly 47.70 feet along an east line of said Lot 1 on | ||
a curve to the left having a radius of 31851.48 feet, the chord | ||
of said curve bears North 0 degrees 00 minutes 38 seconds West, | ||
47.70 feet to a northwesterly line of Lot 1; thence | ||
southwesterly 73.12 feet (73.16 feet, recorded) along a | ||
northwesterly line of said Lot 1 on a curve to the right having | ||
a radius of 98.99 feet, the chord of said curve bears South 68 | ||
degrees 49 minutes 52 seconds West, 71.47 feet to a north line | ||
of Lot 1; thence North 89 degrees 59 minutes 09 seconds West | ||
along a north line of said Lot 1, a distance of 1.65 feet; | ||
thence South 0 degrees 04 minutes 51 seconds East, a distance | ||
of 30.98 feet to a south line of said Lot 1; thence South 89 | ||
degrees 58 minutes 47 seconds East along a south line of said | ||
Lot 1, a distance of 36.76 feet to a southwesterly line of Lot | ||
1; thence southeasterly 33.23 feet (33.24 feet, recorded) along | ||
a southwesterly line of said Lot 1 on a curve to the right |
having a radius of 59.00 feet, the chord of said curve bears | ||
South 73 degrees 49 minutes 27 seconds East, 32.79 feet to the | ||
point of beginning. | ||
Said temporary easement containing 0.063 acre, more or | ||
less. | ||
Said temporary easement to be used for construction | ||
purposes. | ||
*** | ||
That part of Lot 5 in Meijer Store #206 Subdivision, being | ||
a resubdivision of part of Lot 6 in Eagle Commercial Center in | ||
the Southeast Quarter of Section 30, Township 43 North, Range 8 | ||
East of the Third Principal Meridian, according to the plat of | ||
said Meijer #206 Subdivision recorded September 25, 2002 as | ||
document number 2002R0084811, in McHenry County, Illinois, | ||
bearings and distances are based on the Illinois Coordinate | ||
System, NAD 83(2011) East Zone, with a combination factor of | ||
0.9999373735, described as follows: | ||
Beginning at the southeast corner of said Lot 5; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
South 89 degrees 21 minutes 14 seconds West along the south | ||
line of said Lot 5, a distance of 176.22 feet; thence North 0 |
degrees 00 minutes 00 seconds East, a distance of 3.32 feet; | ||
thence North 85 degrees 39 minutes 34 seconds East, a distance | ||
of 91.74 feet; thence North 89 degrees 38 minutes 36 seconds | ||
East, a distance of 89.97 feet to the southeasterly line of | ||
said Lot 5; thence southwesterly 10.29 feet along the | ||
southeasterly line of said Lot 5 on a curve to the right having | ||
a radius of 49.00 feet, the chord of said curve bears South 30 | ||
degrees 40 minutes 11 seconds West, 10.27 feet to the point of | ||
beginning. | ||
Said parcel containing 0.031 acre, more or less. | ||
*** | ||
That part of Lot 5 in Meijer Store #206 Subdivision, being | ||
a resubdivision of part of Lot 6 in Eagle Commercial Center in | ||
the Southeast Quarter of Section 30, Township 43 North, Range 8 | ||
East of the Third Principal Meridian, according to the plat of | ||
said Meijer #206 Subdivision recorded September 25, 2002 as | ||
document number 2002R0084811, in McHenry County, Illinois, | ||
bearings and distances are based on the Illinois Coordinate | ||
System, NAD 83(2011) East Zone, with a combination factor of | ||
0.9999373735, described as follows: | ||
Beginning at the southwest corner of said Lot 5; thence | ||
northwesterly 32.50 feet along the southwesterly line of said |
Lot 5 on a curve to the right having a radius of 49.00 feet, the | ||
chord of said curve bears on an Illinois Coordinate System NAD | ||
83(2011) East Zone bearing of North 19 degrees 22 minutes 16 | ||
seconds West, 31.91 feet to the west line of Lot 5; thence | ||
North 0 degrees 21 minutes 27 seconds West along the west line | ||
of said Lot 5, a distance of 9.70 feet; thence North 89 degrees | ||
24 minutes 27 seconds East, a distance of 19.31 feet; thence | ||
South 0 degrees 35 minutes 33 seconds East, a distance of 39.90 | ||
feet to the south line of said Lot 5; thence South 89 degrees | ||
21 minutes 14 seconds West along the south line of said Lot 5, | ||
a distance of 9.08 feet to the point of beginning. | ||
Said temporary easement containing 0.015 acre, more or | ||
less. | ||
Said temporary easement to be used for grading purposes. | ||
*** | ||
That part of Lot 5 in Meijer Store #206 Subdivision, being | ||
a resubdivision of part of Lot 6 in Eagle Commercial Center in | ||
the Southeast Quarter of Section 30, Township 43 North, Range 8 | ||
East of the Third Principal Meridian, according to the plat of | ||
said Meijer #206 Subdivision recorded September 25, 2002 as | ||
document number 2002R0084811, in McHenry County, Illinois, | ||
bearings and distances are based on the Illinois Coordinate |
System, NAD 83(2011) East Zone, with a combination factor of | ||
0.9999373735, described as follows: | ||
Commencing at the southeast corner of said Lot 5; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
South 89 degrees 21 minutes 14 seconds West along the south | ||
line of said Lot 5, a distance of 176.22 feet; thence North 0 | ||
degrees 00 minutes 00 seconds East, a distance of 3.32 feet; | ||
thence North 85 degrees 39 minutes 34 seconds East, a distance | ||
of 91.74 feet; thence North 89 degrees 38 minutes 36 seconds | ||
East, a distance of 84.21 feet to the point of beginning; | ||
thence continuing North 89 degrees 38 minutes 36 seconds East, | ||
a distance of 5.76 feet to the southeasterly line of said Lot | ||
5; thence northeasterly 21.18 feet along the southeasterly line | ||
of said Lot 5 on a curve to the left having a radius of 49.00 | ||
feet, the chord of said curve bears North 12 degrees 16 minutes | ||
19 seconds East, 21.01 feet to the east line of said Lot 5; | ||
thence North 0 degrees 06 minutes 47 seconds West along the | ||
east line of said Lot 5, a distance of 6.50 feet; thence South | ||
89 degrees 38 minutes 36 seconds West, a distance of 10.39 | ||
feet; thence South 0 degrees 21 minutes 24 seconds East, a | ||
distance of 27.00 feet to the point of beginning. | ||
Said temporary easement containing 0.006 acre, more or | ||
less, or 249 square feet, more or less. |
Said temporary easement to be used for grading purposes. | ||
*** | ||
That part of Lot 11 in Kaper's Business Center Unit 1, | ||
being a subdivision of part of the West Half of the Southwest | ||
Quarter of Section 29, Township 43 North, Range 8 East of the | ||
Third | ||
Principal Meridian, according to the plat thereof recorded | ||
June 4, 1997 as document number 97R025826, in McHenry County, | ||
Illinois, bearings and distances are based on the Illinois | ||
Coordinate System, NAD 83(2011) East Zone, with a combination | ||
factor of 0.9999373735, described as follows: | ||
Commencing at the northwest corner of said Lot 11; thence | ||
on an Illinois Coordinate System NAD 83(2011) East Zone bearing | ||
of South 0 degrees 04 minutes 06 seconds East along the west | ||
line of said Lot 11, a distance of 118.49 feet to the southwest | ||
corner of special warranty deed recorded December 28, 2015 as | ||
document number 2015R0047895, being also the northwest corner | ||
of the grantor and the point of beginning; thence South 89 | ||
degrees 47 minutes 46 seconds East along the north line of the | ||
grantor according to said special warranty deed, a distance of | ||
33.20 feet; thence South 0 degrees 01 minute 47 seconds East, a | ||
distance of 81.58 feet to the south line of said Lot 11; thence |
North 89 degrees 48 minutes 02 seconds West along the south | ||
line of said Lot 11, a distance of 33.14 feet to the southwest | ||
corner of Lot 11; thence North 0 degrees 04 minutes 06 seconds | ||
West along the west line of said Lot 11, a distance of 81.58 | ||
feet to the point of beginning. | ||
Said parcel containing 0.062 acre, more or less. | ||
*** | ||
That part of Lot 11 in Kaper's Business Center Unit 1, | ||
being a subdivision of part of the West Half of the Southwest | ||
Quarter of Section 29, Township 43 North, Range 8 East of the | ||
Third Principal Meridian, according to the plat thereof | ||
recorded June 4, 1997 as document number 97R025826, in McHenry | ||
County, Illinois, bearings and distances are based on the | ||
Illinois Coordinate System, NAD 83(2011) East Zone, with a | ||
combination factor of 0.9999373735, described as follows: | ||
Commencing at the northwest corner of said Lot 11; thence | ||
on an Illinois Coordinate System NAD 83(2011) East Zone bearing | ||
of South 0 degrees 04 minutes 06 seconds East along the west | ||
line of said Lot 11, a distance of 118.49 feet to the southwest | ||
corner of special warranty deed recorded December 28, 2015 as | ||
document number 2015R0047895, being also the northwest corner | ||
of the grantor; thence South 89 degrees 47 minutes 46 seconds |
East along the north line of the grantor according to said | ||
special warranty deed, a distance of 33.20 feet to the point of | ||
beginning; thence South 0 degrees 01 minute 47 seconds East, a | ||
distance of 81.58 feet to the south line of said Lot 11; thence | ||
South 89 degrees 48 minutes 02 seconds East along the south | ||
line of said Lot 11, a distance of 10.00 feet; thence North 0 | ||
degrees 01 minute 47 seconds West, a distance of 81.58 feet to | ||
the north line of the grantor according to said special | ||
warranty deed; thence North 89 degrees 47 minutes 46 seconds | ||
West along the north line of the grantor according to said | ||
special warranty deed, a distance of 10.00 feet to the point of | ||
beginning. | ||
Said temporary easement containing 0.019 acre, more or | ||
less. | ||
Said temporary easement to be used for grading purposes. | ||
*** | ||
That part of Lot 2 in Randall Rolls Second Resubdivision, | ||
being a resubdivision of Lots 2 and 3 of Randall Rolls | ||
Resubdivision in the West Half of the Southwest Quarter of | ||
Section 29, Township 43 North, Range 8 East of the Third | ||
Principal Meridian, according to the plat of said Randall Rolls | ||
Second Resubdivision recorded June 7, 2001 as document number |
2001R0038572, in McHenry County, Illinois, bearings and | ||
distances are based on the Illinois Coordinate System, | ||
NAD83(2011) East Zone, with a combination factor of | ||
0.9999373735, described as follows: | ||
Beginning at the northwest corner of said Lot 2; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
South 89 degrees 58 minutes 44 seconds East along the north | ||
line of said Lot 2, a distance of 23.38 feet; thence South 0 | ||
degrees 01 minute 47 seconds East, a distance of 145.25 feet to | ||
the south line of said Lot 2; thence North 89 degrees 47 | ||
minutes 46 seconds West along the south line of said Lot 2, a | ||
distance of 23.28 feet to the southwest corner of Lot 2; thence | ||
North 0 degrees 04 minutes 06 seconds West along the west line | ||
of said Lot 2, a distance of 145.17 feet (145.12 feet, | ||
recorded) to the point of beginning. | ||
Said parcel containing 0.078 acre, more or less. | ||
*** | ||
That part of Lot 2 in Randall Rolls Second Resubdivision, | ||
being a resubdivision of Lots 2 and 3 of Randall Rolls | ||
Resubdivision in the West Half of the Southwest Quarter of | ||
Section 29, Township 43 North, Range 8 East of the Third | ||
Principal Meridian, according to the plat of said Randall Rolls |
Second Resubdivision recorded June 7, 2001 as document number | ||
2001R0038572, in McHenry County, Illinois, bearings and | ||
distances are based on the Illinois Coordinate System, | ||
NAD83(2011) East Zone, with a combination factor of | ||
0.9999373735, described as follows: | ||
Commencing at the northwest corner of said Lot 2; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
South 89 degrees 58 minutes 44 seconds East along the north | ||
line of said Lot 2, a distance of 23.38 feet to the point of | ||
beginning; thence South 0 degrees 01 minute 47 seconds East, a | ||
distance of 145.25 feet to the south line of said Lot 2; thence | ||
South 89 degrees 47 minutes 46 seconds East along the south | ||
line of said Lot 2, a distance of 10.00 feet; thence North 0 | ||
degrees 01 minute 47 seconds West, a distance of 145.28 feet to | ||
the north line of said Lot 2; thence North 89 degrees 58 | ||
minutes 44 seconds West along the north line of said Lot 2, a | ||
distance of 10.00 feet to the point of beginning. | ||
Said temporary easement containing 0.033 acre, more or | ||
less. | ||
Said temporary easement to be used for grading purposes. | ||
*** |
That part of Lot 3 in Meijer Store #206 Subdivision, being | ||
a resubdivision of part of Lot 6 in Eagle Commercial Center in | ||
the Southeast Quarter of Section 30, Township 43 North, Range 8 | ||
East of the Third Principal Meridian, according to the plat of | ||
said Meijer #206 Subdivision recorded September 25, 2002 as | ||
document number 2002R0084811, in McHenry County, Illinois, | ||
bearings and distances are based on the Illinois Coordinate | ||
System, NAD83(2011) East Zone, with a combination factor of | ||
0.9999373735, described as follows: | ||
Beginning at the southeast corner of said Lot 3; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
North 89 degrees 58 minute 47 seconds West along the south line | ||
of said Lot 3, a distance of 8.02 feet; thence North 0 degrees | ||
01 minute 47 seconds West, a distance of 190.10 feet; thence | ||
South 89 degrees 58 minutes 13 seconds West, a distance of | ||
60.00 feet; thence North 0 degrees 04 minutes 51 seconds West, | ||
a distance of 20.21 feet to the north line of said Lot 3; | ||
thence South 89 degrees 58 minutes 47 seconds East along the | ||
north line of said Lot 3, a distance of 36.76 feet to the | ||
northeasterly line of Lot 3; thence southeasterly 33.23 feet | ||
(33.24 feet, recorded) along the northeasterly line of said Lot | ||
3 on a curve to the right having a radius of 59.00 feet, the | ||
chord of said curve bears South 73 degrees 49 minutes 27 | ||
seconds East, 32.79 feet to the east line of Lot 3; thence | ||
South 0 degrees 01 minute 40 seconds West along the east line |
of said Lot 3, a distance of 201.14 feet to the point of | ||
beginning. | ||
Said temporary easement containing 0.065 acre, more or | ||
less. | ||
Said temporary easement to be used for construction | ||
purposes. | ||
*** | ||
That part of Lot 1 in Randall Rolls Second Resubdivision, | ||
being a resubdivision of Lots 2 and 3 of Randall Rolls | ||
Resubdivision in the West Half of the Southwest Quarter of | ||
Section 29, Township 43 North, Range 8 East of the Third | ||
Principal Meridian, according to the plat of said Randall Rolls | ||
Second Resubdivision recorded June 7, 2001 as document number | ||
2001R0038572, in McHenry County, Illinois, bearings and | ||
distances are based on the Illinois Coordinate System, | ||
NAD83(2011) East Zone, with a combination factor of | ||
0.9999373735, described as follows: | ||
Beginning at the northwest corner of said Lot 1; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
South 89 degrees 47 minutes 16 seconds East along the north | ||
line of said Lot 1, a distance of 23.33 feet; thence southerly |
69.10 feet along a curve to the right having a radius of | ||
11550.00 feet, the chord of said curve bears South 0 degrees 12 | ||
minutes 04 seconds East, 69.10 feet to a point of tangency; | ||
thence South 0 degrees 01 minute 47 seconds East, a distance of | ||
162.89 feet to the south line of said Lot 1; thence North 89 | ||
degrees 58 minutes 44 seconds West along the south line of said | ||
Lot 1, a distance of 23.28 feet to the southwest corner of Lot | ||
1; thence North 0 degrees 04 minutes 06 seconds West along the | ||
west line of said Lot 1, a distance of 232.06 feet (231.98 | ||
feet, recorded) to the point of beginning. | ||
Said parcel containing 0.125 acre, more or less. | ||
*** | ||
That part of Lot 1 in Randall Rolls Second Resubdivision, | ||
being a resubdivision of Lots 2 and 3 of Randall Rolls | ||
Resubdivision in the West Half of the Southwest Quarter of | ||
Section 29, Township 43 North, Range 8 East of the Third | ||
Principal Meridian, according to the plat of said Randall Rolls | ||
Second Resubdivision recorded June 7, 2001 as document number | ||
2001R0038572, in McHenry County, Illinois, bearings and | ||
distances are based on the Illinois Coordinate System, | ||
NAD83(2011) East Zone, with a combination factor of | ||
0.9999373735, described as follows: |
Commencing at the northwest corner of said Lot 1; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
South 89 degrees 47 minutes 16 seconds East along the north | ||
line of said Lot 1, a distance of 23.33 feet to the point of | ||
beginning; thence southerly 69.10 feet along a curve to the | ||
right having a radius of 11550.00 feet, the chord of said curve | ||
bears South 0 degrees 12 minutes 04 seconds East, 69.10 feet to | ||
a point of tangency; thence South 0 degrees 01 minute 47 | ||
seconds East, a distance of 162.89 feet to the south line of | ||
said Lot 1; thence South 89 degrees 58 minutes 44 seconds East | ||
along the south line of said Lot 1, a distance of 10.00 feet; | ||
thence North 0 degrees 01 minute 47 seconds West, a distance of | ||
231.95 feet to the north line of said Lot 1; thence North 89 | ||
degrees 47 minutes 16 seconds West along the north line of said | ||
Lot 1, a distance of 10.21 feet to the point of beginning. | ||
Said temporary easement containing 0.053 acre, more or | ||
less. | ||
Said temporary easement to be used for grading purposes. | ||
*** | ||
That part of Lot 2 in Meijer Store #206 Subdivision, being | ||
a resubdivision of part of Lot 6 in Eagle Commercial Center in | ||
the Southeast Quarter of Section 30, Township 43 North, Range 8 |
East of the Third Principal Meridian, according to the plat of | ||
said Meijer #206 Subdivision recorded September 25, 2002 as | ||
document number 2002R0084811, in McHenry County, Illinois, | ||
bearings and distances are based on the Illinois Coordinate | ||
System, NAD83(2011) East Zone, with a combination factor of | ||
0.9999373735, described as follows: | ||
Beginning at the southeast corner of said Lot 2; thence | ||
southwesterly 10.76 feet along the southeasterly line of said | ||
Lot 2 on a curve to the right having a radius of 98.99 feet, the | ||
chord of said curve bears on an Illinois Coordinate System NAD | ||
83(2011) East Zone bearing of South 50 degrees 47 minute 09 | ||
seconds West, 10.76 feet; thence northerly 301.58 feet along a | ||
curve to the left having a radius of 11370.00 feet, the chord | ||
of said curve bears North 1 degree 00 minutes 14 seconds West, | ||
301.57 feet to the northeasterly line of said Lot 2; thence | ||
South 54 degrees 53 minutes 52 seconds East along the | ||
northeasterly line of said Lot 2, a distance 14.75 feet to the | ||
east line of Lot 2; thence southerly 286.24 feet along the east | ||
line of said Lot 2 on a curve to the right having a radius of | ||
31851.48 feet, the chord of said curve bears South 0 degrees 18 | ||
minutes 39 seconds East, 286.24 feet to the point of beginning. | ||
Said parcel containing 0.066 acre, more or less. | ||
*** |
That part of Lot 2 in Meijer Store #206 Subdivision, being | ||
a resubdivision of part of Lot 6 in Eagle Commercial Center in | ||
the Southeast Quarter of Section 30, Township 43 North, Range 8 | ||
East of the Third Principal Meridian, according to the plat of | ||
said Meijer #206 Subdivision recorded September 25, 2002 as | ||
document number 2002R0084811, in McHenry County, Illinois, | ||
bearings and distances are based on the Illinois Coordinate | ||
System, NAD83(2011) East Zone, with a combination factor of | ||
0.9999373735, described as follows: | ||
Commencing at the southeast corner of said Lot 2; thence | ||
southwesterly 22.96 feet along the southeasterly line of said | ||
Lot 2 on a curve to the right having a radius of 98.99 feet, the | ||
chord of said curve bears on an Illinois Coordinate System NAD | ||
83(2011) East Zone bearing of South 54 degrees 18 minute 54 | ||
seconds West, 22.91 feet to the point of beginning; thence | ||
southwesterly 50.16 feet along the southeasterly line of said | ||
Lot 2 on a curve to the right having a radius of 98.99 feet, the | ||
chord of said curve bears South 75 degrees 28 minutes 32 | ||
seconds West, 49.63 feet to the south line of Lot 2; thence | ||
North 89 degrees 59 minutes 09 seconds West along the south | ||
line of said Lot 2, a distance of 1.65 feet; thence North 0 | ||
degrees 04 minutes 51 seconds West, a distance of 12.19 feet; | ||
thence North 89 degrees 42 minutes 18 seconds East, a distance | ||
of 49.70 feet to the point of beginning. |
Said temporary easement containing 0.010 acre, more or | ||
less, or 418 square feet, more or less. | ||
Said temporary easement to be used for construction | ||
purposes. | ||
*** | ||
That part of Lot 1 in Re-Subdivision of Lot 14 in Kaper's | ||
Business Center Unit 2, being a resubdivision of Kaper's | ||
Business Center Unit 2, being a subdivision of part of the West | ||
Half of the Southwest Quarter of Section 29, Township 43 North, | ||
Range 8 East of the Third Principal Meridian, according to the | ||
plat of said Re-Subdivision of Lot 14 in Kaper's Business | ||
Center Unit 2 recorded August 24, 2001 as document number | ||
2001R0061761, in McHenry County, Illinois, bearings and | ||
distances are based on the Illinois Coordinate System, | ||
NAD83(2011) East Zone, with a combination factor of | ||
0.9999373735, described as follows: | ||
Beginning at the southwest corner of said Lot 1; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
North 1 degree 04 minutes 41 seconds West along the west line | ||
of said Lot 1, a distance of 121.99 feet to a point of | ||
curvature on said west line of Lot 1; thence northeasterly |
47.12 feet (47.13 feet, recorded) along the northwesterly line | ||
of said Lot 1 on a curve to the right having a radius of 30.00 | ||
feet, the chord of said curve bears North 43 degrees 55 minutes | ||
08 seconds East, 42.42 feet to a point of tangency on the north | ||
line of Lot 1; thence North 88 degrees 54 minutes 57 seconds | ||
East along the north line of said Lot 1, a distance of 35.61 | ||
feet; thence South 43 degrees 53 minutes 35 seconds West, a | ||
distance of 48.85 feet; thence southerly 117.43 feet along a | ||
curve to the right having a radius of 11550.00 feet, the chord | ||
of said curve bears South 1 degree 29 minutes 53 seconds East, | ||
117.43 feet to the south line of said Lot 1; thence South 88 | ||
degrees 54 minutes 57 seconds West along the south line of said | ||
Lot 1, a distance of 31.95 feet to the point of beginning. | ||
Said parcel containing 0.119 acre, more or less. | ||
*** | ||
That part of Lot 1 in Re-Subdivision of Lot 14 in Kaper's | ||
Business Center Unit 2, being a resubdivision of Kaper's | ||
Business Center Unit 2, being a subdivision of part of the West | ||
Half of the Southwest Quarter of Section 29, Township 43 North, | ||
Range 8 East of the Third Principal Meridian, according to the | ||
plat of said Re-Subdivision of Lot 14 in Kaper's Business | ||
Center Unit 2 recorded August 24, 2001 as document number | ||
2001R0061761, in McHenry County, Illinois, bearings and |
distances are based on the Illinois Coordinate System, | ||
NAD83(2011) East Zone, with a combination factor of | ||
0.9999373735, described as follows: | ||
Commencing at the southwest corner of said Lot 1; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
North 1 degree 04 minutes 41 seconds West along the west line | ||
of said Lot 1, a distance of 121.99 feet to a point of | ||
curvature on said west line of Lot 1; thence northeasterly | ||
47.12 feet (47.13 feet, recorded) along the northwesterly line | ||
of said Lot 1 on a curve to the right having a radius of 30.00 | ||
feet, the chord of said curve bears North 43 degrees 55 minutes | ||
08 seconds East, 42.42 feet to a point of tangency on the north | ||
line of Lot 1; thence North 88 degrees 54 minutes 57 seconds | ||
East along the north line of said Lot 1, a distance of 35.61 | ||
feet; thence South 43 degrees 53 minutes 35 seconds West, a | ||
distance of 27.90 feet to the point of beginning; thence | ||
continuing South 43 degrees 53 minutes 35 seconds West, a | ||
distance of 20.95 feet; thence southerly 117.43 feet along a | ||
curve to the right having a radius of 11550.00 feet, the chord | ||
of said curve bears South 1 degree 29 minutes 53 seconds East, | ||
117.43 feet to the south line of said Lot 1; thence North 88 | ||
degrees 54 minutes 57 seconds East along the south line of said | ||
Lot 1, a distance of 15.00 feet; thence northerly 132.25 feet | ||
along a curve to the left having a radius of 11565.00 feet, the | ||
chord of said curve bears North 1 degree 32 minutes 03 seconds |
West, 132.25 feet to the point of beginning. | ||
Said temporary easement containing 0.043 acre, more or | ||
less. | ||
Said temporary easement to be used for grading purposes. | ||
*** | ||
That part of Lot 5 in Kaper's East Subdivision, being a | ||
subdivision of the West Half of the Southwest Quarter of | ||
Section 29, Township 43 North, Range 8 East of the Third | ||
Principal Meridian, according to the plat thereof recorded | ||
February 28, 1989 as document number 89R005770, in McHenry | ||
County, Illinois, bearings and distances are based on the | ||
Illinois Coordinate System, NAD83(2011) East Zone, with a | ||
combination factor of 0.9999373735, described as follows: | ||
Beginning at the northwest corner of said Lot 5; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
North 88 degrees 54 minutes 55 seconds East along the north | ||
line of said Lot 5, a distance of 28.15 feet; thence southerly | ||
97.22 feet along a curve to the left having a radius of | ||
11365.00 feet, the chord of said curve bears South 2 degrees 41 | ||
minutes 33 seconds East, 97.22 feet to a point of reverse | ||
curvature; thence southerly 89.95 feet along a curve to the |
right having a radius of 11555.00 feet, the chord of said curve | ||
bears South 2 degrees 42 minutes 53 seconds East, 89.95 feet; | ||
thence South 40 degrees 49 minutes 13 seconds East, a distance | ||
of 48.27 feet to the south line of said Lot 5; thence South 88 | ||
degrees 54 minutes 57 seconds West along the south line of said | ||
Lot 5, a distance of 34.32 feet to a point of curvature on said | ||
south line of Lot 5; thence northwesterly 47.12 feet along the | ||
southwesterly line of said Lot 5 on a curve to the right having | ||
a radius of 30.00 feet, the chord of said curve bears North 46 | ||
degrees 04 minutes 52 seconds West, 42.43 feet to a point of | ||
tangency on the west line of Lot 5; thence North 1 degree 04 | ||
minutes 41 seconds West along the west line of said Lot 5, a | ||
distance of 194.21 feet (194.23 feet, recorded) to the point of | ||
beginning. | ||
Said parcel containing 0.169 acre, more or less. | ||
*** | ||
That part of Lot 5 in Kaper's East Subdivision, being a | ||
subdivision of the West Half of the Southwest Quarter of | ||
Section 29, Township 43 North, Range 8 East of the Third | ||
Principal Meridian, according to the plat thereof recorded | ||
February 28, 1989 as document number 89R005770, in McHenry | ||
County, Illinois, bearings and distances are based on the | ||
Illinois Coordinate System, NAD83(2011) East Zone, with a |
combination factor of 0.9999373735, described as follows: | ||
Commencing at the northwest corner of said Lot 5; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
North 88 degrees 54 minutes 55 seconds East along the north | ||
line of said Lot 5, a distance of 28.15 feet to the point of | ||
beginning; thence southerly 97.22 feet along a curve to the | ||
left having a radius of 11365.00 feet, the chord of said curve | ||
bears South 2 degrees 41 minutes 33 seconds East, 97.22 feet to | ||
a point of reverse curvature; thence southerly 89.95 feet along | ||
a curve to the right having a radius of 11555.00 feet, the | ||
chord of said curve bears South 2 degrees 42 minutes 53 seconds | ||
East, 89.95 feet; thence South 40 degrees 49 minutes 13 seconds | ||
East, a distance of 16.11; thence northerly 102.66 feet along a | ||
curve to the left having a radius of 11565.00 feet, the chord | ||
of said curve bears North 2 degrees 41 minutes 00 seconds West, | ||
102.66 feet to a point of reverse curvature; thence northerly | ||
96.90 feet along a curve to the right having a radius of | ||
11355.00 feet, the chord of said curve bears North 2 degrees 41 | ||
minutes 36 seconds West, 96.90 feet to the north line of said | ||
Lot 5; thence South 88 degrees 54 minutes 55 seconds West along | ||
the north line of said Lot 5, a distance of 10.00 feet to the | ||
point of beginning. | ||
Said temporary easement containing 0.044 acre, more or | ||
less. |
Said temporary easement to be used for grading purposes. | ||
*** | ||
That part of Lot 4 in Kaper's East Subdivision, being a | ||
subdivision of the West Half of the Southwest Quarter of | ||
Section 29, Township 43 North, Range 8 East of the Third | ||
Principal Meridian, according to the plat thereof recorded | ||
February 28, 1989 as document number 89R005770, in McHenry | ||
County, Illinois, bearings and distances are based on the | ||
Illinois Coordinate System, NAD83(2011) East Zone, with a | ||
combination factor of 0.9999373735, described as follows: | ||
Beginning at the northwest corner of said Lot 4; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
North 88 degrees 54 minutes 50 seconds East along the north | ||
line of said Lot 4, a distance of 25.00 feet; thence southerly | ||
225.01 feet along a curve to the left having a radius of | ||
11365.00 feet, the chord of said curve bears South 1 degree 52 | ||
minutes 49 seconds East, 225.01 feet to the south line of said | ||
Lot 4; thence South 88 degrees 54 minutes 55 seconds West along | ||
the south line of said Lot 4, a distance of 28.15 feet to the | ||
southwest corner of Lot 4; thence North 1 degree 04 minutes 41 | ||
seconds West along the west line of said Lot 4, a distance of | ||
224.98 feet (225.00 feet, recorded) to the point of beginning. |
Said parcel containing 0.135 acre, more or less. | ||
*** | ||
That part of Lot 4 in Kaper's East Subdivision, being a | ||
subdivision of the West Half of the Southwest Quarter of | ||
Section 29, Township 43 North, Range 8 East of the Third | ||
Principal Meridian, according to the plat thereof recorded | ||
February 28, 1989 as document number 89R005770, in McHenry | ||
County, Illinois, bearings and distances are based on the | ||
Illinois Coordinate System, NAD83(2011) East Zone, with a | ||
combination factor of 0.9999373735, described as follows: | ||
Commencing at the northwest corner of said Lot 4; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
North 88 degrees 54 minutes 50 seconds East along the north | ||
line of said Lot 4, a distance of 25.00 feet to the point of | ||
beginning; thence southerly 225.01 feet along a curve to the | ||
left having a radius of 11365.00 feet, the chord of said curve | ||
bears South 1 degree 52 minutes 49 seconds East, 225.01 feet to | ||
the south line of said Lot 4; thence North 88 degrees 54 | ||
minutes 55 seconds East along the south line of said Lot 4, a | ||
distance of 10.00 feet; thence northerly 225.01 feet along a | ||
curve to the right having a radius of 11355.00 feet, the chord | ||
of said curve bears North 1 degree 52 minutes 52 seconds West, |
225.01 feet to the north line of said Lot 4; thence South 88 | ||
degrees 54 minutes 50 seconds West along the north line of said | ||
Lot 4, a distance 10.00 feet to the point of beginning. | ||
Said temporary easement containing 0.052 acre, more or | ||
less. | ||
Said temporary easement to be used for grading purposes. | ||
*** | ||
That part of Lot 2 in Eagle Commercial Center, being a | ||
resubdivision of Lot 3 in Kaper's West Subdivision, being a | ||
subdivision of part of the East Half of the Southeast Quarter | ||
of Section 30, Township 43 North, Range 8 East of the Third | ||
Principal Meridian, according to the plat of said Eagle | ||
Commercial Center recorded November 4, 1993 as document number | ||
93R067593, in McHenry County, Illinois, bearings and distances | ||
are based on the Illinois Coordinate System, NAD83(2011) East | ||
Zone, with a combination factor of 0.9999373735, described as | ||
follows: | ||
Beginning at the northeast corner of said Lot 2; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
South 1 degree 29 minutes 18 seconds East along the east line | ||
of said Lot 2, a distance of 240.40 feet (240.45 feet, |
recorded) to the southeast corner of Lot 2; thence South 88 | ||
degrees 53 minutes 44 seconds West along the south line of said | ||
Lot 2, a distance of 38.09 feet; thence northerly 182.71 feet | ||
along a curve to the right having a radius of 11545.00 feet, | ||
the chord of said curve bears North 0 degrees 51 minutes 15 | ||
seconds West, 182.71 feet to a point of tangency; thence North | ||
0 degrees 24 minutes 03 seconds West, a distance of 57.70 feet | ||
to the north line of said Lot 2; thence North 88 degrees 54 | ||
minutes 00 seconds East along the north line of said Lot 2, a | ||
distance of 34.97 feet to the point of beginning. | ||
Said parcel containing 0.204 acre, more or less. | ||
*** | ||
That part of Lot 2 in Eagle Commercial Center, being a | ||
resubdivision of Lot 3 in Kaper's West Subdivision, being a | ||
subdivision of part of the East Half of the Southeast Quarter | ||
of Section 30, Township 43 North, Range 8 East of the Third | ||
Principal Meridian, according to the plat of said Eagle | ||
Commercial Center recorded November 4, 1993 as document number | ||
93R067593, in McHenry County, Illinois, bearings and distances | ||
are based on the Illinois Coordinate System, NAD 83(2011) East | ||
Zone, with a combination factor of 0.9999373735, described as | ||
follows: |
Commencing at the northeast corner of said Lot 2; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
South 1 degree 29 minutes 18 seconds East along the east line | ||
of said Lot 2, a distance of 240.40 feet (240.45 feet, | ||
recorded) to the southeast corner of Lot 2; thence South 88 | ||
degrees 53 minutes 44 seconds West along the south line of said | ||
Lot 2, a distance of 38.09 feet to the point of beginning; | ||
thence northerly 182.71 feet along a curve to the right having | ||
a radius of 11545.00 feet, the chord of said curve bears North | ||
0 degrees 51 minutes 15 seconds West, 182.71 feet to a point of | ||
tangency; thence North 0 degrees 24 minutes 03 seconds West, a | ||
distance of 57.70 feet to the north line of said Lot 2; thence | ||
South 88 degrees 54 minutes 00 seconds West along the north | ||
line of said Lot 2, a distance of 42.00 feet; thence South 0 | ||
degrees 24 minutes 03 seconds East, a distance of 7.88 feet; | ||
thence North 89 degrees 35 minutes 57 seconds East, a distance | ||
of 17.56 feet; thence South 32 degrees 28 minutes 48 seconds | ||
East, a distance of 27.24 feet; thence southerly 209.06 feet | ||
along a curve to the left having a radius of 11555.00 feet, the | ||
chord of said curve bears South 0 degrees 47 minutes 21 seconds | ||
East, 209.05 feet to the south line of said Lot 2; thence North | ||
88 degrees 53 minutes 44 seconds East along the south line of | ||
said Lot 2, a distance of 10.00 feet to the point of beginning. | ||
Said temporary easement containing 0.065 acre, more or | ||
less. |
Said temporary easement to be used for grading purposes. | ||
*** | ||
That part of Lot 3 in Kaper's East Subdivision, being a | ||
subdivision of the West Half of the Southwest Quarter of | ||
Section 29, Township 43 North, Range 8 East of the Third | ||
Principal Meridian, according to the plat thereof recorded | ||
February 28, 1989 as document number 89R005770, in McHenry | ||
County, Illinois, bearings and distances are based on the | ||
Illinois Coordinate System, NAD83(2011) East Zone, with a | ||
combination factor of 0.9999373735, described as follows: | ||
Beginning at the northwest corner of said Lot 3; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
North 88 degrees 54 minutes 45 seconds East along the north | ||
line of said Lot 3, a distance of 26.34 feet; thence South 0 | ||
degrees 24 minutes 03 seconds East, a distance of 54.02 feet to | ||
a point of tangency; thence southerly 180.97 feet along a curve | ||
to the left having a radius of 11365.00 feet, the chord of said | ||
curve bears South 0 degrees 51 minutes 25 seconds East, 180.97 | ||
feet to the south line of said Lot 3; thence South 88 degrees | ||
54 minutes 50 seconds West along the south line of said Lot 3, | ||
a distance of 25.00 feet to the southwest corner of Lot 3; | ||
thence North 1 degree 04 minutes 41 seconds West along the west |
line of said Lot 3, a distance of 234.98 feet (235.00 feet, | ||
recorded) to the point of beginning. | ||
Said parcel containing 0.137 acre, more or less. | ||
*** | ||
That part of Lot 3 in Kaper's East Subdivision, being a | ||
subdivision of the West Half of the Southwest Quarter of | ||
Section 29, Township 43 North, Range 8 East of the Third | ||
Principal Meridian, according to the plat thereof recorded | ||
February 28, 1989 as document number 89R005770, in McHenry | ||
County, Illinois, bearings and distances are based on the | ||
Illinois Coordinate System, NAD83(2011) East Zone, with a | ||
combination factor of 0.9999373735, described as follows: | ||
Commencing at the northwest corner of said Lot 3; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
North 88 degrees 54 minutes 45 seconds East along the north | ||
line of said Lot 3, a distance of 26.34 feet to the point of | ||
beginning; thence South 0 degrees 24 minutes 03 seconds East, a | ||
distance of 54.02 feet to a point of tangency; thence southerly | ||
180.97 feet along a curve to the left having a radius of | ||
11365.00 feet, the chord of said curve bears South 0 degrees 51 | ||
minutes 25 seconds East, 180.97 feet to the south line of said | ||
Lot 3; thence North 88 degrees 54 minutes 50 seconds East along |
the south line of said Lot 3, a distance of 10.00 feet; thence | ||
northerly 180.85 feet along a curve to the right having a | ||
radius of 11355.00 feet, the chord of said curve bears North 0 | ||
degrees 51 minutes 26 seconds West, 180.85 feet to a point of | ||
tangency; thence North 0 degrees 24 minutes 03 seconds West, a | ||
distance of 54.14 feet to the north line of said Lot 3; thence | ||
South 88 degrees 54 minutes 45 seconds West along the north | ||
line of said Lot 3, a distance of 10.00 feet to the point of | ||
beginning. | ||
Said temporary easement containing 0.054 acre, more or | ||
less. | ||
Said temporary easement to be used for grading and driveway | ||
construction purposes. | ||
*** | ||
That part of Lot 1, except that part conveyed the County of | ||
McHenry, a body politic, by trustee's deed recorded April 7, | ||
2003 as document number 2003R0044153, in River Pointe | ||
Subdivision, being a resubdivision of Lots 1 and 6 in Kaper's | ||
East Subdivision of the West Half of the Southwest Quarter of | ||
Section 29, Township 43 North, Range 8 East of the Third | ||
Principal Meridian, according to the plat of said River Pointe | ||
Subdivision recorded May 6, 1992 as document number 92R024749, |
in McHenry County, Illinois, bearings and distances are based | ||
on the Illinois Coordinate System, NAD83(2011) East Zone, with | ||
a combination factor of 0.9999373735, described as follows: | ||
Beginning at the southwest corner of said Lot 1; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
North 1 degree 04 minutes 41 seconds West along the west line | ||
of said Lot 1, a distance of 5.81 feet (5.86 feet, recorded) to | ||
an angle point on said west line of Lot 1; thence North 1 | ||
degree 22 minutes 56 seconds West along the west line of said | ||
Lot 1, a distance of 60.19 feet (60.15 feet, recorded) to a | ||
north line of Lot 1; thence North 88 degrees 54 minutes 45 | ||
seconds East along a north line of said Lot 1, a distance of | ||
32.44 feet; thence South 0 degrees 24 minutes 03 seconds East, | ||
a distance of 66.00 feet to the south line of said Lot 1; | ||
thence South 88 degrees 54 minutes 45 seconds West along the | ||
south line of said Lot 1, a distance of 31.34 feet to the point | ||
of beginning. | ||
Said parcel containing 0.048 acre, more or less. | ||
*** | ||
That part of Lot 1, except that part conveyed the County of | ||
McHenry, a body politic, by trustee's deed recorded April 7, | ||
2003 as document number 2003R0044153, in River Pointe |
Subdivision, being a resubdivision of Lots 1 and 6 in Kaper's | ||
East Subdivision of the West Half of the Southwest Quarter of | ||
Section 29, Township 43 North, Range 8 East of the Third | ||
Principal Meridian, according to the plat of said River Pointe | ||
Subdivision recorded May 6, 1992 as document number 92R024749, | ||
in McHenry County, Illinois, bearings and distances are based | ||
on the Illinois Coordinate System, NAD83(2011) East Zone, with | ||
a combination factor of 0.9999373735, described as follows: | ||
Beginning at the northeast corner of said Lot 1; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
South 1 degree 06 minutes 06 seconds East along the east line | ||
of said Lot 1, a distance of 37.18 feet; thence South 89 | ||
degrees 56 minutes 44 seconds West, a distance of 702.82 feet; | ||
thence South 53 degrees 08 minutes 32 seconds West, a distance | ||
of 69.22 feet; thence South 0 degrees 24 minutes 03 seconds | ||
East, a distance of 188.86 feet to a south line of said Lot 1; | ||
thence South 88 degrees 55 minutes 17 seconds West along a | ||
south line of said Lot 1, a distance of 36.46 feet to the west | ||
line of Lot 1; thence North 1 degree 22 minutes 56 seconds West | ||
along the west line of said Lot 1, a distance of 169.25 feet to | ||
the easterly right of way line of Randall Road recorded April | ||
7, 2003 as document number 2003R0044153; thence North 11 | ||
degrees 32 minutes 05 seconds East along the said easterly | ||
right of way line of Randall Road, a distance of 48.39 feet to | ||
the southeasterly right of way line of Algonquin Road recorded |
April 7, 2003 as document number 2003R0044153; thence North 53 | ||
degrees 08 minutes 32 seconds East along the said southeasterly | ||
right of way line of Algonquin Road, a distance of 54.21 feet | ||
to the south right of way line of said Algonquin Road; thence | ||
South 89 degrees 54 minutes 57 seconds East along the said | ||
south right of way line of Algonquin Road, a distance of 549.97 | ||
feet to an angle point on said south right of way line; thence | ||
North 0 degrees 05 minutes 03 seconds East along said right of | ||
way line, a distance of 20.71 feet (20.00 feet, recorded) to | ||
the north line of said Lot 1; thence South 89 degrees 57 | ||
minutes 40 seconds East along the north line of said Lot 1, a | ||
distance of 193.66 feet to the point of beginning. | ||
Said parcel containing 0.609 acre, more or less. | ||
*** | ||
That part of Lot 1, except that part conveyed the County of | ||
McHenry, a body politic, by trustee's deed recorded April 7, | ||
2003 as document number 2003R0044153, in River Pointe | ||
Subdivision, being a resubdivision of Lots 1 and 6 in Kaper's | ||
East Subdivision of the West Half of the Southwest Quarter of | ||
Section 29, Township 43 North, Range 8 East of the Third | ||
Principal Meridian, according to the plat of said River Pointe | ||
Subdivision recorded May 6, 1992 as document number 92R024749, | ||
in McHenry County, Illinois, bearings and distances are based |
on the Illinois Coordinate System, NAD83(2011) East Zone, with | ||
a combination factor of 0.9999373735, described as follows: | ||
Commencing at the southwest corner of said Lot 1; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
North 1 degree 04 minutes 41 seconds West along the west line | ||
of said Lot 1, a distance of 5.81 feet (5.86 feet, recorded) to | ||
an angle point on said west line of Lot 1; thence North 1 | ||
degree 22 minutes 56 seconds West along the west line of said | ||
Lot 1, a distance of 60.19 feet (60.15 feet, recorded) to a | ||
north line of Lot 1; thence North 88 degrees 54 minutes 45 | ||
seconds East along a north line of said Lot 1, a distance of | ||
32.44 feet to the point of beginning; thence South 0 degrees 24 | ||
minutes 03 seconds East, a distance of 66.00 feet to the south | ||
line of said Lot 1; thence North 88 degrees 54 minutes 45 | ||
seconds East along the south line of said Lot 1, a distance of | ||
35.00 feet; thence North 0 degrees 24 minutes 03 seconds West, | ||
a distance of 66.00 feet to a north line of said Lot 1; thence | ||
South 88 degrees 54 minutes 45 seconds West along a north line | ||
of said Lot 1, a distance of 35.00 feet to the point of | ||
beginning. | ||
Said temporary easement containing 0.053 acre, more or | ||
less. | ||
Said temporary easement to be used for grading and driveway |
construction purposes. | ||
*** | ||
That part of Lot 1, except that part conveyed the County of | ||
McHenry, a body politic, by trustee's deed recorded April 7, | ||
2003 as document number 2003R0044153, in River Pointe | ||
Subdivision, being a resubdivision of Lots 1 and 6 in Kaper's | ||
East Subdivision of the West Half of the Southwest Quarter of | ||
Section 29, Township 43 North, Range 8 East of the Third | ||
Principal Meridian, according to the plat of said River Pointe | ||
Subdivision recorded May 6, 1992 as document number 92R024749, | ||
in McHenry County, Illinois, bearings and distances are based | ||
on the Illinois Coordinate System, NAD83(2011) East Zone, with | ||
a combination factor of 0.9999373735, described as follows: | ||
Commencing at the northeast corner of said Lot 1; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
South 1 degree 06 minutes 06 seconds East along the east line | ||
of said Lot 1, a distance of 37.18 feet; thence South 89 | ||
degrees 56 minutes 44 seconds West, a distance of 702.82 feet; | ||
thence South 53 degrees 08 minutes 32 seconds West, a distance | ||
of 56.79 feet to the point of beginning; thence continuing | ||
South 53 degrees 08 minutes 32 seconds West, a distance of | ||
12.43 feet; thence South 0 degrees 24 minutes 03 seconds East, | ||
a distance of 188.86 feet to a south line of said Lot 1; thence |
North 88 degrees 55 minutes 17 seconds East along a south line | ||
of said Lot 1, a distance of 10.00 feet; thence North 0 degrees | ||
24 minutes 03 seconds West, a distance of 196.12 feet to the | ||
point of beginning. | ||
Said temporary easement containing 0.044 acre, more or | ||
less. | ||
Said temporary easement to be used for grading purposes. | ||
*** | ||
That part of Lot 1, except that part conveyed the County of | ||
McHenry, a body politic, by trustee's deed recorded April 7, | ||
2003 as document number 2003R0044153, in River Pointe | ||
Subdivision, being a resubdivision of Lots 1 and 6 in Kaper's | ||
East Subdivision of the West Half of the Southwest Quarter of | ||
Section 29, Township 43 North, Range 8 East of the Third | ||
Principal Meridian, according to the plat of said River Pointe | ||
Subdivision recorded May 6, 1992 as document number 92R024749, | ||
in McHenry County, Illinois, bearings and distances are based | ||
on the Illinois Coordinate System, NAD83(2011) East Zone, with | ||
a combination factor of 0.9999373735, described as follows: | ||
Commencing at the northeast corner of said Lot 1; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of |
South 1 degree 06 minutes 06 seconds East along the east line | ||
of said Lot 1, a distance of 37.18 feet to the point of | ||
beginning; thence South 89 degrees 56 minutes 44 seconds West, | ||
a distance of 702.82 feet; thence South 53 degrees 08 minutes | ||
32 seconds West, a distance of 33.38 feet; thence North 89 | ||
degrees 56 minutes 44 seconds East, a distance of 92.13 feet; | ||
thence South 0 degrees 03 minutes 16 seconds East, a distance | ||
of 15.00 feet; thence North 89 degrees 56 minutes 44 seconds | ||
East, a distance of 106.31 feet; thence North 0 degrees 03 | ||
minutes 16 seconds West, a distance of 25.00 feet; thence North | ||
89 degrees 56 minutes 44 seconds East, a distance of 174.66 | ||
feet; thence South 0 degrees 00 minutes 00 seconds East, a | ||
distance of 15.00 feet; thence North 90 degrees 00 minutes 00 | ||
seconds East, a distance of 98.61 feet; thence North 0 degrees | ||
00 minutes 00 seconds East, a distance of 15.09 feet; thence | ||
North 89 degrees 56 minutes 44 seconds East, a distance of | ||
184.92 feet; thence South 0 degrees 03 minutes 16 seconds East, | ||
a distance of 25.00 feet; thence North 89 degrees 56 minutes 44 | ||
seconds East, a distance of 73.56 feet to the east line of said | ||
Lot 1; thence North 1 degree 06 minutes 06 seconds West along | ||
the east line of said Lot 1, a distance of 35.01 feet to the | ||
point of beginning. | ||
Said temporary easement containing 0.320 acre, more or | ||
less. |
Said temporary easement to be used for grading, parking lot | ||
and driveway construction purposes. | ||
*** | ||
That part of Lot 2 in Kaper's West Subdivision, being a | ||
subdivision of the East Half of the Southeast Quarter of | ||
Section 30, Township 43 North, Range 8 East of the Third | ||
Principal Meridian, according to the plat thereof recorded | ||
August 6, 1992 as document number 92R042897, in McHenry County, | ||
Illinois, bearings and distances are based on the Illinois | ||
Coordinate System, NAD83(2011) East Zone, with a combination | ||
factor of 0.9999373735, described as follows: | ||
Beginning at the southeast corner of said Lot 2; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
South 88 degrees 53 minutes 12 seconds West along the south | ||
line of said Lot 2, a distance of 33.84 feet; thence North 0 | ||
degrees 24 minutes 03 seconds West, a distance of 287.36 feet | ||
to the north line of said Lot 2; thence South 89 degrees 59 | ||
minutes 52 seconds East along the north line of said Lot 2, a | ||
distance of 28.39 feet to the northeast corner of Lot 2; thence | ||
South 1 degree 29 minutes 18 seconds East along the east line | ||
of said Lot 2, a distance of 286.79 feet (286.85 feet, | ||
recorded) to the point of beginning. |
Said parcel containing 0.205 acre, more or less. | ||
*** | ||
That part of Lot 2 in Kaper's West Subdivision, being a | ||
subdivision of the East Half of the Southeast Quarter of | ||
Section 30, Township 43 North, Range 8 East of the Third | ||
Principal Meridian, according to the plat thereof recorded | ||
August 6, 1992 as document number 92R042897, in McHenry County, | ||
Illinois, bearings and distances are based on the Illinois | ||
Coordinate System, NAD83(2011) East Zone, with a combination | ||
factor of 0.9999373735, described as follows: | ||
Commencing at the southeast corner of said Lot 2; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
South 88 degrees 53 minutes 12 seconds West along the south | ||
line of said Lot 2, a distance of 33.84 feet to the point of | ||
beginning; thence North 0 degrees 24 minutes 03 seconds West, a | ||
distance of 287.36 feet to the north line of said Lot 2; thence | ||
North 89 degrees 59 minutes 52 seconds West along the north | ||
line of said Lot 2, a distance of 40.00 feet; thence South 0 | ||
degrees 24 minutes 03 seconds East, a distance of 40.77 feet; | ||
thence North 89 degrees 56 minutes 44 seconds East, a distance | ||
of 30.00 feet; thence South 0 degrees 24 minutes 03 seconds | ||
East, a distance of 227.38 feet; thence South 89 degrees 56 | ||
minutes 44 seconds West, a distance of 32.00 feet; thence South |
0 degrees 24 minutes 03 seconds East, a distance of 20.03 feet | ||
to the south line of said Lot 2; thence North 88 degrees 53 | ||
minutes 12 seconds East along the south line of said Lot 2, a | ||
distance of 42.00 feet to the point of beginning. | ||
Said temporary easement containing 0.109 acre, more or | ||
less. | ||
Said temporary easement to be used for grading and driveway | ||
construction purposes. | ||
*** | ||
That part of Lot 2 in Kaper's East Subdivision, being a | ||
subdivision of the West Half of the Southwest Quarter of | ||
Section 29, Township 43 North, Range 8 East of the Third | ||
Principal Meridian, according to the plat thereof recorded | ||
February 28, 1989 as document number 89R005770, in McHenry | ||
County, Illinois, bearings and distances are based on the | ||
Illinois Coordinate System, NAD83(2011) East Zone, with a | ||
combination factor of 0.9999373735, described as follows: | ||
Beginning at the northwest corner of said Lot 2; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
North 88 degrees 55 minutes 17 seconds East along the north | ||
line of said Lot 2, a distance of 36.46 feet; thence South 0 |
degrees 24 minutes 03 seconds East, a distance of 235.02 feet | ||
to the south line of said Lot 2; thence South 88 degrees 54 | ||
minutes 45 seconds West along the south line of said Lot 2, a | ||
distance of 32.44 feet to the southwest corner of Lot 2; thence | ||
North 1 degree 22 minutes 56 seconds West along the west line | ||
of said Lot 2, a distance of 235.01 feet to the point of | ||
beginning. | ||
Said parcel containing 0.186 acre, more or less. | ||
*** | ||
That part of Lot 2 in Kaper's East Subdivision, being a | ||
subdivision of the West Half of the Southwest Quarter of | ||
Section 29, Township 43 North, Range 8 East of the Third | ||
Principal Meridian, according to the plat thereof recorded | ||
February 28, 1989 as document number 89R005770, in McHenry | ||
County, Illinois, bearings and distances are based on the | ||
Illinois Coordinate System, NAD 83(2011) East Zone, with a | ||
combination factor of 0.9999373735, described as follows: | ||
Commencing at the northwest corner of said Lot 2; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
North 88 degrees 55 minutes 17 seconds East along the north | ||
line of said Lot 2, a distance of 36.46 feet to the point of | ||
beginning; thence South 0 degrees 24 minutes 03 seconds East, a |
distance of 235.02 feet to the south line of said Lot 2; thence | ||
North 88 degrees 54 minutes 45 seconds East along the south | ||
line of said Lot 2, a distance of 35.00 feet; thence North 0 | ||
degrees 24 minutes 03 seconds West, a distance of 19.81 feet; | ||
thence South 89 degrees 35 minutes 57 seconds West, a distance | ||
of 25.00 feet; thence North 0 degrees 24 minutes 03 seconds | ||
West, a distance of 214.90 feet to the north line of said Lot | ||
2; thence South 88 degrees 55 minutes 17 seconds West along the | ||
north line of said Lot 2, a distance of 10.00 feet to the point | ||
of beginning. | ||
Said temporary easement containing 0.065 acre, more or | ||
less. | ||
Said temporary easement to be used for grading purposes. | ||
*** | ||
That part of Lot 1, except that part of Lot 1 conveyed to | ||
the County of McHenry by trustee's deed recorded July 24, 2000 | ||
as document number 2000R0039474 and also except that part of | ||
Lot 1 conveyed to the County of McHenry by warranty deed | ||
recorded April 10, 2008 as document number 2008R0020772, in | ||
Montero's Subdivision, being a resubdivision of Lot 4 in Eagle | ||
Commercial Center, a subdivision of the East Half of the | ||
Southeast Quarter of Section 30, Township 43 North, Range 8 |
East of the Third Principal Meridian, according to the plat of | ||
said Montero's Subdivision recorded February 1, 1996 as | ||
document number 96R005406 and corrected by certificates of | ||
correction recorded February 27, 1996 as document number | ||
96R009437 and recorded March 20, 1996 as document number | ||
96R013391, in McHenry County, Illinois, bearings and distances | ||
are based on the Illinois Coordinate System, NAD83(2011) East | ||
Zone, with a combination factor of 0.9999373735, described as | ||
follows: | ||
Commencing at the northeast corner of said Lot 1; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
South 0 degrees 06 minutes 33 seconds East along the east line | ||
of said Lot 1, a distance of 18.40 feet to the southerly right | ||
of way line of Algonquin Road recorded July 24, 2000 as | ||
document number 2000R0039474 and the point of beginning; thence | ||
continuing South 0 degrees 06 minutes 33 seconds East along the | ||
east line of said Lot 1, a distance of 15.16 feet to the | ||
southerly right of way line of Algonquin Road recorded April | ||
10, 2008 as document number 2008R0020772; thence North 85 | ||
degrees 46 minutes 02 seconds West along the said southerly | ||
right of way line of Algonquin Road recorded as document number | ||
2008R0020772, a distance of 161.94 feet (162.34 feet, recorded) | ||
to the west line of said Lot 1; thence North 0 degrees 06 | ||
minutes 24 seconds West along the west line of said Lot 1, a | ||
distance of 16.64 feet to the said southerly right of way line |
of Algonquin Road recorded as document number 2000R0039474; | ||
thence South 85 degrees 14 minutes 54 seconds East along the | ||
said southerly right of way line of Algonquin Road recorded as | ||
document number 2000R0039474, a distance of 162.06 feet (162.34 | ||
feet, recorded) to the point of beginning. | ||
Said parcel containing 0.059 acre, more or less. | ||
*** | ||
That part of Lot 1, except that part of Lot 1 conveyed to | ||
the County of McHenry by trustee's deed recorded July 24, 2000 | ||
as document number 2000R0039474 and also except that part of | ||
Lot 1 conveyed to the County of McHenry by warranty deed | ||
recorded April 10, 2008 as document number 2008R0020772, in | ||
Montero's Subdivision, being a resubdivision of Lot 4 in Eagle | ||
Commercial Center, a subdivision of the East Half of the | ||
Southeast Quarter of Section 30, Township 43 North, Range 8 | ||
East of the Third Principal Meridian, according to the plat of | ||
said Montero's Subdivision recorded February 1, 1996 as | ||
document number 96R005406 and corrected by certificates of | ||
correction recorded February 27, 1996 as document number | ||
96R009437 and recorded March 20, 1996 as document number | ||
96R013391, in McHenry County, Illinois, bearings and distances | ||
are based on the Illinois Coordinate System, NAD83(2011) East | ||
Zone, with a combination factor of 0.9999373735, described as |
follows: | ||
Commencing at the northeast corner of said Lot 1; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
South 0 degrees 06 minutes 33 seconds East along the east line | ||
of said Lot 1, a distance of 33.56 feet to the south right of | ||
way line of Algonquin Road recorded April 10, 2008 as document | ||
number 2008R0020772 and the point of beginning; thence | ||
continuing South 0 degrees 06 minutes 33 seconds East along the | ||
east line of said Lot 1, a distance of 8.97 feet; thence South | ||
89 degrees 56 minutes 44 seconds West, a distance of 161.48 | ||
feet to the west line of said Lot 1; thence North 0 degrees 06 | ||
minutes 24 seconds West along the west line of said Lot 1, a | ||
distance of 6.14 feet to the said south right of way line of | ||
Algonquin Road; thence North 88 degrees 56 minutes 36 seconds | ||
East along the said south right of way line of Algonquin Road, | ||
a distance of 161.50 feet (161.22 feet, recorded) to the point | ||
of beginning; | ||
Said parcel containing 0.028 acre, more or less. | ||
*** | ||
That part of Lot 1, except that part of Lot 1 conveyed to | ||
the County of McHenry by trustee's deed recorded July 24, 2000 | ||
as document number 2000R0039474 and also except that part of |
Lot 1 conveyed to the County of McHenry by warranty deed | ||
recorded April 10, 2008 as document number 2008R0020772, in | ||
Montero's Subdivision, being a resubdivision of Lot 4 in Eagle | ||
Commercial Center, a subdivision of the East Half of the | ||
Southeast Quarter of Section 30, Township 43 North, Range 8 | ||
East of the Third Principal Meridian, according to the plat of | ||
said Montero's Subdivision recorded February 1, 1996 as | ||
document number 96R005406 and corrected by certificates of | ||
correction recorded February 27, 1996 as document number | ||
96R009437 and recorded March 20, 1996 as document number | ||
96R013391, in McHenry County, Illinois, bearings and distances | ||
are based on the Illinois Coordinate System, NAD83(2011) East | ||
Zone, with a combination factor of 0.9999373735, described as | ||
follows: | ||
Commencing at the northeast corner of said Lot 1; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
South 0 degrees 06 minutes 33 seconds East along the east line | ||
of said Lot 1, a distance of 33.56 feet to the south right of | ||
way line of Algonquin Road recorded April 10, 2008 as document | ||
number 2008R0020772; thence continuing South 0 degrees 06 | ||
minutes 33 seconds East along the east line of said Lot 1, a | ||
distance of 8.97 feet to the point of beginning; thence South | ||
89 degrees 56 minutes 44 seconds West, a distance of 161.48 | ||
feet to the west line of said Lot 1; thence South 0 degrees 06 | ||
minutes 24 seconds East along the west line of said Lot 1, a |
distance of 12.00 feet; thence North 89 degrees 56 minutes 44 | ||
seconds East, a distance of 161.48 feet to the east line of | ||
said Lot 1; thence North 0 degrees 06 minutes 33 seconds West | ||
along the east line of said Lot 1, a distance of 12.00 feet to | ||
the point of beginning; | ||
Said temporary easement containing 0.044 acre, more or | ||
less. | ||
Said temporary easement to be used for grading and driveway | ||
construction purposes. | ||
*** | ||
That part of Lot 1 in Resubdivision of Lot 1 - Eagle | ||
Commercial Center, being a subdivision of part of the East Half | ||
of the Southeast Quarter of Section 30, Township 43 North, | ||
Range 8 East of the Third Principal Meridian, according to the | ||
plat thereof recorded November 30, 1995 as document number | ||
95R052639 and corrected by affidavits recorded July 11, 1996 as | ||
document number 96R035878 and recorded December 17, 1996 as | ||
document number 96R063597, in McHenry County, Illinois, | ||
bearings and distances are based on the Illinois Coordinate | ||
System, NAD83(2011) East Zone, with a combination factor of | ||
0.9999373735, described as follows: |
Beginning at the northeast corner of said Lot 1; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
South 0 degrees 58 minutes 48 seconds East along the east line | ||
of said Lot 1, a distance of 28.90 feet; thence South 89 | ||
degrees 56 minutes 44 seconds West, a distance of 94.33 feet; | ||
thence South 0 degrees 00 minutes 00 seconds East, a distance | ||
of 6.41 feet; thence North 90 degrees 00 minutes 00 seconds | ||
West, a distance of 69.42 feet; thence North 0 degrees 00 | ||
minutes 00 seconds East, a distance of 15.17 feet; thence South | ||
89 degrees 11 minutes 30 seconds West, a distance 216.28 feet | ||
to the west line of said Lot 1; thence North 1 degree 30 | ||
minutes 47 seconds West along the west line of said Lot 1, a | ||
distance of 23.35 feet to the northwest corner of Lot 1; thence | ||
South 89 degrees 59 minutes 28 seconds East along the north | ||
line of said Lot 1, a distance of 380.14 feet (380.19 feet, | ||
recorded) to the point of beginning. | ||
Said parcel containing 0.227 acre, more or less. | ||
*** | ||
That part of Lot 1 in Resubdivision of Lot 1 - Eagle | ||
Commercial Center, being a subdivision of part of the East Half | ||
of the Southeast Quarter of Section 30, Township 43 North, | ||
Range 8 East of the Third Principal Meridian, according to the | ||
plat thereof recorded November 30, 1995 as document number |
95R052639 and corrected by affidavits recorded July 11, 1996 as | ||
document number 96R035878 and recorded December 17, 1996 as | ||
document number 96R063597, in McHenry County, Illinois, | ||
bearings and distances are based on the Illinois Coordinate | ||
System, NAD83(2011) East Zone, with a combination factor of | ||
0.9999373735, described as follows: | ||
Commencing at the northeast corner of said Lot 1; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
South 0 degrees 58 minutes 48 seconds East along the east line | ||
of said Lot 1, a distance of 28.90 feet to the point of | ||
beginning; thence South 89 degrees 56 minutes 44 seconds West, | ||
a distance of 94.33 feet; thence South 0 degrees 00 minutes 00 | ||
seconds East, a distance of 6.41 feet; thence North 90 degrees | ||
00 minutes 00 seconds West, a distance of 69.42 feet; thence | ||
North 0 degrees 00 minutes 00 seconds East, a distance of 15.17 | ||
feet; thence South 89 degrees 11 minutes 30 seconds West, a | ||
distance 216.28 feet to the west line of said Lot 1; thence | ||
South 1 degree 30 minutes 47 seconds East along the west line | ||
of said Lot 1, a distance of 56.12 feet; thence North 90 | ||
degrees 00 minutes 00 seconds East, a distance of 34.77 feet; | ||
thence North 0 degrees 03 minutes 16 seconds West, a distance | ||
of 30.16 feet; thence North 89 degrees 56 minutes 44 seconds | ||
East, a distance of 344.13 feet to the east line of said Lot 1; | ||
thence North 0 degrees 58 minutes 48 seconds West along the | ||
east line of said Lot 1, a distance of 20.00 feet to the point |
of beginning. | ||
Said temporary easement containing 0.225 acre, more or | ||
less. | ||
Said temporary easement to be used for grading and parking | ||
lot construction purposes. | ||
*** | ||
That part of Lot 1, except that part of Lot 1 conveyed to | ||
the County of McHenry by special warranty deed recorded | ||
February 26, 2001 as document number 2001R0010880, in Kaper's | ||
West Subdivision, being a subdivision of the East Half of the | ||
Southeast Quarter of Section 30, Township 43 North, Range 8 | ||
East of the Third Principal Meridian, according to the plat | ||
thereof recorded August 6, 1992 as document number 92R042897, | ||
in McHenry County, Illinois, bearings and distances are based | ||
on the Illinois Coordinate System, NAD83(2011) East Zone, with | ||
a combination factor of 0.9999373735, described as follows: | ||
Beginning at the southeast corner of said Lot 1; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
North 89 degrees 59 minutes 52 seconds West along the south | ||
line of said Lot 1, a distance of 28.39 feet; thence North 0 | ||
degrees 24 minutes 03 seconds West, a distance of 144.19 feet; |
thence North 41 degrees 13 minutes 58 seconds West, a distance | ||
of 76.89 feet; thence South 89 degrees 56 minutes 44 seconds | ||
West, a distance of 133.22 feet to the west line of said Lot 1; | ||
thence North 1 degree 29 minutes 39 seconds West along the west | ||
line of said Lot 1, a distance of 8.05 feet to the south right | ||
of way line of Algonquin Road recorded February 26, 2001 as | ||
document number 2001R0010880; thence South 89 degrees 59 | ||
minutes 28 seconds East along the said south right of way line | ||
of Algonquin Road, a distance of 152.35 feet (152.37 feet, | ||
recorded) to the northeasterly line of said Lot 1; thence South | ||
42 degrees 40 minutes 15 seconds East along the northeasterly | ||
line of said Lot 1, a distance of 84.56 feet to the east line of | ||
Lot 1; thence South 1 degree 29 minutes 18 seconds East along | ||
the east line of said Lot 1, a distance of 147.77 feet (147.80 | ||
feet, recorded) to the point of beginning. | ||
Said parcel containing 0.154 acre, more or less. | ||
*** | ||
That part of Lot 1, except that part of Lot 1 conveyed to | ||
the County of McHenry by special warranty deed recorded | ||
February 26, 2001 as document number 2001R0010880, in Kaper's | ||
West Subdivision, being a subdivision of the East Half of the | ||
Southeast Quarter of Section 30, Township 43 North, Range 8 | ||
East of the Third Principal Meridian, according to the plat |
thereof recorded August 6, 1992 as document number 92R042897, | ||
in McHenry County, Illinois, bearings and distances are based | ||
on the Illinois Coordinate System, NAD83(2011) East Zone, with | ||
a combination factor of 0.9999373735, described as follows: | ||
Commencing at the southeast corner of said Lot 1; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
North 89 degrees 59 minutes 52 seconds West along the south | ||
line of said Lot 1, a distance of 28.39 feet; thence North 0 | ||
degrees 24 minutes 03 seconds West, a distance of 144.19 feet; | ||
thence North 41 degrees 13 minutes 58 seconds West, a distance | ||
of 55.46 feet to the point of beginning; thence continuing | ||
North 41 degrees 13 minutes 58 seconds West, a distance of | ||
21.43 feet; thence South 89 degrees 56 minutes 44 seconds West, | ||
a distance of 133.22 feet to the west line of said Lot 1; | ||
thence South 1 degree 29 minutes 39 seconds East along the west | ||
line of said Lot 1, a distance of 12.56 feet; thence North 89 | ||
degrees 56 minutes 44 seconds East, a distance of 125.35 feet | ||
to a point of curvature; thence easterly 10.22 feet along a | ||
curve to the right having a radius of 48.02 feet, the chord of | ||
said curve bears South 83 degrees 57 minutes 29 seconds East, | ||
10.20 feet to a point of tangency; thence South 77 degrees 51 | ||
minutes 42 seconds East, a distance of 11.78 feet to the point | ||
of beginning. | ||
Said permanent easement containing 0.041 acre, more or |
less. | ||
Said permanent easement to be used for highway purposes. | ||
*** | ||
That part of Lot 1, except that part of Lot 1 conveyed to | ||
the County of McHenry by special warranty deed recorded | ||
February 26, 2001 as document number 2001R0010880, in Kaper's | ||
West Subdivision, being a subdivision of the East Half of the | ||
Southeast Quarter of Section 30, Township 43 North, Range 8 | ||
East of the Third Principal Meridian, according to the plat | ||
thereof recorded August 6, 1992 as document number 92R042897, | ||
in McHenry County, Illinois, bearings and distances are based | ||
on the Illinois Coordinate System, NAD83(2011) East Zone, with | ||
a combination factor of 0.9999373735, described as follows: | ||
Commencing at the southeast corner of said Lot 1; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
North 89 degrees 59 minutes 52 seconds West along the south | ||
line of said Lot 1, a distance of 28.39 feet to the point of | ||
beginning; thence North 0 degrees 24 minutes 03 seconds West, a | ||
distance of 144.19 feet; thence North 41 degrees 13 minutes 58 | ||
seconds West, a distance of 15.29 feet; thence South 0 degrees | ||
24 minutes 03 seconds East, a distance of 106.76 feet; thence | ||
South 89 degrees 56 minutes 44 seconds West, a distance of |
30.00 feet; thence South 0 degrees 24 minutes 03 seconds East, | ||
a distance of 48.90 feet to the south line of said Lot 1; | ||
thence South 89 degrees 59 minutes 52 seconds East along the | ||
south line of said Lot 1, a distance of 40.00 feet to the point | ||
of beginning. | ||
Said temporary easement containing 0.068 acre, more or | ||
less. | ||
Said temporary easement to be used for grading and driveway | ||
construction purposes. | ||
*** | ||
That part of Lot 1, except that part of Lot 1 conveyed to | ||
the County of McHenry by special warranty deed recorded | ||
February 26, 2001 as document number 2001R0010880, in Kaper's | ||
West Subdivision, being a subdivision of the East Half of the | ||
Southeast Quarter of Section 30, Township 43 North, Range 8 | ||
East of the Third Principal Meridian, according to the plat | ||
thereof recorded August 6, 1992 as document number 92R042897, | ||
in McHenry County, Illinois, bearings and distances are based | ||
on the Illinois Coordinate System, NAD83(2011) East Zone, with | ||
a combination factor of 0.9999373735, described as follows: | ||
Commencing at the southeast corner of said Lot 1; thence on |
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
North 89 degrees 59 minutes 52 seconds West along the south | ||
line of said Lot 1, a distance of 28.39 feet; thence North 0 | ||
degrees 24 minutes 03 seconds West, a distance of 144.19 feet; | ||
thence North 41 degrees 13 minutes 58 seconds West, a distance | ||
of 49.56 feet to the point of beginning; thence South 89 | ||
degrees 56 minutes 44 seconds West, a distance of 150.69 feet | ||
to the west line of said Lot 1; thence North 1 degree 29 | ||
minutes 39 seconds West along the west line of said Lot 1, a | ||
distance of 8.01 feet; thence North 89 degrees 56 minutes 44 | ||
seconds East, a distance of 125.35 feet to a point of | ||
curvature; thence easterly 10.22 feet along a curve to the | ||
right having a radius of 48.02 feet, the chord of said curve | ||
bears South 83 degrees 57 minutes 29 seconds East, 10.20 feet | ||
to a point of tangency; thence South 77 degrees 51 minutes 42 | ||
seconds East, a distance of 11.78 feet; thence South 41 degrees | ||
13 minutes 58 seconds East, a distance of 5.90 feet to the | ||
point of beginning. | ||
Said temporary easement containing 0.027 acre, more or | ||
less. | ||
Said temporary easement to be used for construction | ||
purposes. | ||
*** |
That part of Lot 1 in Oakridge Business Center, being a | ||
resubdivision of Lot 7 and that part of vacated Crystal Lake | ||
Road adjacent to said Lot 7 lying North of the south line | ||
extended East, in Kaper's East Subdivision, being a subdivision | ||
of the West Half of the Southwest Quarter of Section 29, | ||
Township 43 North, Range 8 East of the Third Principal | ||
Meridian, according to the plat of said Oakridge Business | ||
Center recorded September 15, 1998 as document number | ||
1998R0061102, in McHenry County, Illinois, bearings and | ||
distances are based on the Illinois Coordinate System, | ||
NAD83(2011) East Zone, with a combination factor of | ||
0.9999373735, described as follows: | ||
Beginning at the northwest corner of said Lot 1; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
South 89 degrees 57 minutes 40 seconds East along the north | ||
line of said Lot 1, a distance of 177.11 feet (177.13 feet, | ||
recorded) to the northeast corner of Lot 1; thence South 0 | ||
degrees 01 minute 48 seconds West along the east line of said | ||
Lot 1, a distance of 21.88 feet; thence South 89 degrees 56 | ||
minutes 44 seconds West, a distance of 176.67 feet to the west | ||
line of said Lot 1; thence North 1 degree 06 minutes 06 seconds | ||
West along the west line of said Lot 1, a distance of 22.18 | ||
feet to the point of beginning. |
Said parcel containing 0.089 acre, more or less. | ||
*** | ||
That part of Lot 1 in Oakridge Business Center, being a | ||
resubdivision of Lot 7 and that part of vacated Crystal Lake | ||
Road adjacent to said Lot 7 lying North of the south line | ||
extended East, in Kaper's East Subdivision, being a subdivision | ||
of the West Half of the Southwest Quarter of Section 29, | ||
Township 43 North, Range 8 East of the Third Principal | ||
Meridian, according to the plat of said Oakridge Business | ||
Center recorded September 15, 1998 as document number | ||
1998R0061102, in McHenry County, Illinois, bearings and | ||
distances are based on the Illinois Coordinate System, | ||
NAD83(2011) East Zone, with a combination factor of | ||
0.9999373735, described as follows: | ||
Commencing at the northwest corner of said Lot 1; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
South 89 degrees 57 minutes 40 seconds East along the north | ||
line of said Lot 1, a distance of 177.11 feet (177.13 feet, | ||
recorded) to the northeast corner of Lot 1; thence South 0 | ||
degrees 01 minute 48 seconds West along the east line of said | ||
Lot 1, a distance of 21.88 feet to the point of beginning; | ||
thence South 89 degrees 56 minutes 44 seconds West, a distance | ||
of 176.67 feet to the west line of said Lot 1; thence South 1 |
degree 06 minutes 06 seconds East along the west line of said | ||
Lot 1, a distance of 6.86 feet; thence North 90 degrees 00 | ||
minutes 00 seconds East, a distance of 145.33 feet; thence | ||
South 0 degrees 00 minutes 00 seconds East, a distance of 25.00 | ||
feet; thence North 90 degrees 00 minutes 00 seconds East, a | ||
distance of 31.19 feet to the east line of said Lot 1; thence | ||
North 0 degrees 01 minutes 48 seconds East along the east line | ||
of said Lot 1, a distance of 32.02 feet to the point of | ||
beginning. | ||
Said temporary easement containing 0.046 acre, more or | ||
less. | ||
Said temporary easement to be used for grading and parking | ||
lot construction purposes. | ||
*** | ||
That part of Lot 2 in Oakridge Business Center, being a | ||
resubdivision of Lot 7 and that part of vacated Crystal Lake | ||
Road adjacent to said Lot 7 lying North of the south line | ||
extended East, in Kaper's East Subdivision, being a subdivision | ||
of the West Half of the Southwest Quarter of Section 29, | ||
Township 43 North, Range 8 East of the Third Principal | ||
Meridian, according to the plat of said Oakridge Business | ||
Center recorded September 15, 1998 as document number |
1998R0061102, in McHenry County, Illinois, bearings and | ||
distances are based on the Illinois Coordinate System, | ||
NAD83(2011) East Zone, with a combination factor of | ||
0.9999373735, described as follows: | ||
Beginning at the northeast corner of said Lot 2; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
South 0 degrees 01 minute 46 seconds West along the east line | ||
of said Lot 2, a distance of 21.65 feet; thence South 89 | ||
degrees 56 minutes 44 seconds West, a distance of 140.68 feet | ||
to the west line of said Lot 2; thence North 0 degrees 01 | ||
minute 48 seconds East along the west line of said Lot 2, a | ||
distance of 21.88 feet to the northwest corner of Lot 2; thence | ||
South 89 degrees 57 minutes 40 seconds East along the north | ||
line of said Lot 2, a distance of 140.68 feet (140.70 feet, | ||
recorded) to the point of beginning. | ||
Said parcel containing 0.070 acre, more or less. | ||
*** | ||
That part of Lot 2 in Oakridge Business Center, being a | ||
resubdivision of Lot 7 and that part of vacated Crystal Lake | ||
Road adjacent to said Lot 7 lying North of the south line | ||
extended East, in Kaper's East Subdivision, being a subdivision | ||
of the West Half of the Southwest Quarter of Section 29, |
Township 43 North, Range 8 East of the Third Principal | ||
Meridian, according to the plat of said Oakridge Business | ||
Center recorded September 15, 1998 as document number | ||
1998R0061102, in McHenry County, Illinois, bearings and | ||
distances are based on the Illinois Coordinate System, | ||
NAD83(2011) East Zone, with a combination factor of | ||
0.9999373735, described as follows: | ||
Commencing at the northeast corner of said Lot 2; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
South 0 degrees 01 minute 46 seconds West along the east line | ||
of said Lot 2, a distance of 21.65 feet; thence South 89 | ||
degrees 56 minutes 44 seconds West, a distance of 67.72 feet to | ||
the point of beginning; thence South 0 degrees 00 minutes 00 | ||
seconds East, a distance of 32.10 feet; thence North 90 degrees | ||
00 minutes 00 seconds West, a distance of 72.98 feet to the | ||
west line of said Lot 2; thence North 0 degrees 01 minute 48 | ||
seconds East along the west line of said Lot 2, a distance of | ||
32.02 feet; thence North 89 degrees 56 minutes 44 seconds East, | ||
a distance of 72.96 feet to the point of beginning. | ||
Said temporary easement containing 0.054 acre, more or | ||
less. | ||
Said temporary easement to be used for grading, driveway | ||
and parking lot construction. |
*** | ||
That part of Lot 3 in Oakridge Business Center, being a | ||
resubdivision of Lot 7 and that part of vacated Crystal Lake | ||
Road adjacent to said Lot 7 lying North of the south line | ||
extended East, in Kaper's East Subdivision, being a subdivision | ||
of the West Half of the Southwest Quarter of Section 29, | ||
Township 43 North, Range 8 East of the Third Principal | ||
Meridian, according to the plat of said Oakridge Business | ||
Center recorded September 15, 1998 as document number | ||
1998R0061102, in McHenry County, Illinois, bearings and | ||
distances are based on the Illinois Coordinate System, | ||
NAD83(2011) East Zone, with a combination factor of | ||
0.9999373735, described as follows: | ||
Beginning at the northeast corner of said Lot 3; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
South 1 degree 42 minutes 22 seconds West along the east line | ||
of said Lot 3, a distance of 21.36 feet; thence South 89 | ||
degrees 56 minutes 44 seconds West, a distance of 183.76 feet | ||
to the west line of said Lot 3; thence North 0 degrees 01 | ||
minute 46 seconds East along the west line of said Lot 3, a | ||
distance of 21.65 feet to the northwest corner of Lot 3; thence | ||
South 89 degrees 57 minutes 40 seconds East along the north | ||
line of said Lot 3, a distance of 184.38 feet (184.40 feet, |
recorded) to the point of beginning. | ||
Said parcel containing 0.091 acre, more or less. | ||
*** | ||
That part of Lot 3 in Oakridge Business Center, being a | ||
resubdivision of Lot 7 and that part of vacated Crystal Lake | ||
Road adjacent to said Lot 7 lying North of the south line | ||
extended East, in Kaper's East Subdivision, being a subdivision | ||
of the West Half of the Southwest Quarter of Section 29, | ||
Township 43 North, Range 8 East of the Third Principal | ||
Meridian, according to the plat of said Oakridge Business | ||
Center recorded September 15, 1998 as document number | ||
1998R0061102, in McHenry County, Illinois, bearings and | ||
distances are based on the Illinois Coordinate System, NAD | ||
83(2011) East Zone, with a combination factor of 0.9999373735, | ||
described as follows: | ||
Commencing at the northeast corner of said Lot 3; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
South 1 degree 42 minutes 22 seconds West along the east line | ||
of said Lot 3, a distance of 21.36 feet to the point of | ||
beginning; thence South 89 degrees 56 minutes 44 seconds West, | ||
a distance of 67.41 feet; thence South 0 degrees 03 minutes 16 | ||
seconds East, a distance of 59.60 feet; thence North 89 degrees |
56 minutes 44 seconds East, a distance of 24.76 feet; thence | ||
South 0 degrees 03 minutes 16 seconds East, a distance of | ||
143.35 feet; thence North 89 degrees 56 minutes 44 seconds | ||
East, a distance of 36.42 feet to the east line of said Lot 3; | ||
thence North 1 degree 42 minutes 22 seconds East along the east | ||
line of said Lot 3, a distance of 203.05 feet to the point of | ||
beginning. | ||
Said temporary easement containing 0.218 acre, more or | ||
less. | ||
Said temporary easement to be used for grading and driveway | ||
construction purposes. | ||
*** | ||
That part of the Southeast Quarter of the Northeast Quarter | ||
of Section 30, Township 43 North, Range 8 East of the Third | ||
Principal Meridian, in McHenry County, Illinois, bearings and | ||
distances are based on the Illinois Coordinate System, | ||
NAD83(2011) East Zone, with a combination factor of | ||
0.9999373735, described as follows: | ||
Commencing at a point on the west right of way line of | ||
Randall Road recorded October 31, 1969 as document number | ||
516648, said point being 1979.91 feet (1980.02 feet, recorded) |
South of the north line of the Northeast Quarter of said | ||
Section 30, being also the southeast corner of Lot 1 in Govnors | ||
Subdivision, according to the plat thereof recorded March 20, | ||
2001 as document number 2001R0016624; thence on an Illinois | ||
Coordinate System NAD 83(2011) East Zone bearing of South 89 | ||
degrees 40 minutes 50 seconds West along the south line of Lot | ||
1 in said Govnors Subdivision, a distance of 502.96 feet to a | ||
point of intersection with the Northerly extension of the east | ||
line of a special warranty deed recorded October 16, 2001 as | ||
document 2001R0077343; thence South 0 degrees 15 minutes 16 | ||
seconds East along the east line of said special warranty deed | ||
and along the Northerly extension thereof, a distance of 567.70 | ||
feet to the point of beginning; thence continuing South 0 | ||
degrees 15 minutes 16 seconds East along the east line of the | ||
grantor according to said special warranty deed, a distance of | ||
20.08 feet to the north right of way line of Algonquin Road | ||
recorded August 20, 1999 as document number 1999R0059231; | ||
thence South 89 degrees 38 minutes 26 seconds West along the | ||
said north right of way line of Algonquin Road, a distance of | ||
318.62 feet to the northerly right of way line of Algonquin | ||
Road recorded November 16, 2006 as document number | ||
2006R0084532; thence North 87 degrees 05 minutes 48 seconds | ||
West along the said northerly right of way line of Algonquin | ||
Road, a distance of 173.29 feet (172.76 feet, recorded) to the | ||
west line of the grantor according to said special warranty | ||
deed; thence North 0 degrees 07 minutes 52 seconds East along |
the west line of the grantor according to said special warranty | ||
deed, a distance of 12.84 feet; thence North 89 degrees 56 | ||
minutes 44 seconds East, a distance of 491.57 feet to the point | ||
of beginning. | ||
Said parcel containing 0.222 acre, more or less. | ||
*** | ||
That part of the Southeast Quarter of the Northeast Quarter | ||
of Section 30, Township 43 North, Range 8 East of the Third | ||
Principal Meridian, in McHenry County, Illinois, bearings and | ||
distances are based on the Illinois Coordinate System, | ||
NAD83(2011) East Zone, with a combination factor of | ||
0.9999373735, described as follows: | ||
Commencing at a point on the west right of way line of | ||
Randall Road recorded October 31, 1969 as document number | ||
516648, said point being 1979.91 feet (1980.02 feet, recorded) | ||
South of the north line of the Northeast Quarter of said | ||
Section 30, being also the southeast corner of Lot 1 in Govnors | ||
Subdivision, according to the plat thereof recorded March 20, | ||
2001 as document number 2001R0016624; thence on an Illinois | ||
Coordinate System NAD 83(2011) East Zone bearing of South 89 | ||
degrees 40 minutes 50 seconds West along the south line of Lot | ||
1 in said Govnors Subdivision, a distance of 502.96 feet to a |
point of intersection with the Northerly extension of the east | ||
line of a special warranty deed recorded October 16, 2001 as | ||
document 2001R0077343; thence South 0 degrees 15 minutes 16 | ||
seconds East along the east line of said special warranty deed | ||
and along the Northerly extension thereof, a distance of 587.78 | ||
feet to the north right of way line of Algonquin Road recorded | ||
August 20, 1999 as document number 1999R0059231; thence South | ||
89 degrees 38 minutes 26 seconds West along the said north | ||
right of way line of Algonquin Road, a distance of 318.62 feet | ||
to the northerly right of way line of Algonquin Road recorded | ||
November 16, 2006 as document number 2006R0084532; thence North | ||
87 degrees 05 minutes 48 seconds West along the said northerly | ||
right of way line of Algonquin Road, a distance of 173.29 feet | ||
(172.76 feet, recorded) to the west line of the grantor | ||
according to said special warranty deed; thence North 0 degrees | ||
07 minutes 52 seconds East along the west line of the grantor | ||
according to said special warranty deed, a distance of 12.84 | ||
feet; thence North 89 degrees 56 minutes 44 seconds East, a | ||
distance of 335.39 feet to the point of beginning; thence | ||
continuing North 89 degrees 56 minutes 44 seconds East, a | ||
distance of 120.00 feet; thence North 0 degrees 03 minutes 16 | ||
seconds West, a distance of 50.00 feet; thence South 89 degrees | ||
56 minutes 44 seconds West, a distance of 120.00 feet; thence | ||
South 0 degrees 03 minutes 16 seconds East, a distance of 50.00 | ||
feet to the point of beginning. |
Said temporary easement containing 0.138 acre, more or | ||
less. | ||
Said temporary easement to be used for grading and driveway | ||
construction purposes. | ||
*** | ||
That part of the Southeast Quarter of the Northeast Quarter | ||
of Section 30, Township 43 North, Range 8 East of the Third | ||
Principal Meridian, in McHenry County, Illinois, bearings and | ||
distances are based on the Illinois Coordinate System, NAD | ||
83(2011) East Zone, with a combination factor of 0.9999373735, | ||
described as follows: | ||
Beginning at a point on the west right of way line of | ||
Randall Road recorded October 31, 1969 as document number | ||
516648, said point being 1979.91 feet (1980.02 feet, recorded) | ||
South of the north line of the Northeast Quarter of said | ||
Section 30, being also the southeast corner of Lot 1 in Govnors | ||
Subdivision, according to the plat thereof recorded March 20, | ||
2001 as document number 2001R0016624 and the northeast corner | ||
of trustee's deed and deed in trust recorded October 17, 1994 | ||
as document number 94R059510; thence on an Illinois Coordinate | ||
System NAD 83(2011) East Zone bearing of South 0 degrees 23 | ||
minutes 56 seconds East along the said west right of way line |
of Randall Road, a distance of 542.00 feet to the northwesterly | ||
right of way line of Algonquin Road according to Judgment | ||
Order, Case Number 00 ED 9, filed April 22, 2003 in the Circuit | ||
Court of the Nineteenth Judicial Circuit, McHenry County, | ||
Illinois; thence South 63 degrees 24 minutes 49 seconds West | ||
along the said northwesterly right of way line of Algonquin | ||
Road, a distance of 82.45 feet (82.05 feet, recorded) to the | ||
north right of way line of Algonquin Road; thence South 89 | ||
degrees 38 minutes 26 seconds West along the north right of way | ||
line of Algonquin Road according to said Judgment Order, Case | ||
Number 00 ED 9, a distance of 161.98 feet to an angle point on | ||
said north right of way line; thence South 0 degrees 21 minutes | ||
34 seconds East, a distance of 9.00 feet to an angle point on | ||
the north right of way line of Algonquin Road; thence South 89 | ||
degrees 38 minutes 26 seconds West along the north right of way | ||
line of Algonquin Road according to said Judgment Order, Case | ||
Number 00 ED 9, a distance of 268.47 feet to west line of the | ||
grantor according to said trustee's deed and deed in trust | ||
recorded October 17, 1994 as document number 94R059510; thence | ||
North 0 degrees 15 minutes 16 seconds West along the west line | ||
of the grantor according to said trustee's deed and deed in | ||
trust, a distance of 18.08 feet; thence North 89 degrees 56 | ||
minutes 44 seconds East, a distance of 228.82 feet; thence | ||
North 0 degrees 03 minutes 16 seconds West, a distance of 3.00 | ||
feet; thence North 89 degrees 56 minutes 44 seconds East, a | ||
distance of 191.00 feet; thence North 0 degrees 03 minutes 16 |
seconds West, a distance of 16.00 feet; thence North 89 degrees | ||
56 minutes 44 seconds East, a distance of 29.00 feet; thence | ||
North 42 degrees 08 minutes 13 seconds East, a distance of | ||
26.57 feet; thence North 0 degrees 24 minutes 03 seconds West, | ||
a distance of 395.00 feet; thence North 89 degrees 35 minutes | ||
57 seconds East, a distance of 17.00 feet; thence North 0 | ||
degrees 24 minutes 03 seconds West, a distance of 138.15 feet | ||
to the north line of the grantor according to said trustee's | ||
deed and deed in trust; thence North 89 degrees 40 minutes 50 | ||
seconds East along the north line of the grantor according to | ||
said trustee's deed and deed in trust, a distance of 20.53 feet | ||
to the point of beginning. | ||
Said parcel containing 0.591 acre, more or less. | ||
*** | ||
That part of the Southeast Quarter of the Northeast Quarter | ||
of Section 30, Township 43 North, Range 8 East of the Third | ||
Principal Meridian, in McHenry County, Illinois, bearings and | ||
distances are based on the Illinois Coordinate System, NAD | ||
83(2011) East Zone, with a combination factor of 0.9999373735, | ||
described as follows: | ||
Commencing at a point on the west right of way line of | ||
Randall Road recorded October 31, 1969 as document number |
516648, said point being 1979.91 feet (1980.02 feet, recorded) | ||
South of the north line of the Northeast Quarter of said | ||
Section 30, being also the southeast corner of Lot 1 in Govnors | ||
Subdivision, according to the plat thereof recorded March 20, | ||
2001 as document number 2001R0016624 and the northeast corner | ||
of trustee's deed and deed in trust recorded October 17, 1994 | ||
as document number 94R059510; thence on an Illinois Coordinate | ||
System NAD 83(2011) East Zone bearing of South 0 degrees 23 | ||
minutes 56 seconds East along the said west right of way line | ||
of Randall Road, a distance of 542.00 feet to the northwesterly | ||
right of way line of Algonquin Road according to Judgment | ||
Order, Case Number 00 ED 9, filed April 22, 2003 in the Circuit | ||
Court of the Nineteenth Judicial Circuit, McHenry County, | ||
Illinois; thence South 63 degrees 24 minutes 49 seconds West | ||
along the said northwesterly right of way line of Algonquin | ||
Road, a distance of 82.45 feet (82.05 feet, recorded) to the | ||
north right of way line of Algonquin Road; thence South 89 | ||
degrees 38 minutes 26 seconds West along the north right of way | ||
line of Algonquin Road according to said Judgment Order, Case | ||
Number 00 ED 9, a distance of 161.98 feet to an angle point on | ||
said north right of way line; thence South 0 degrees 21 minutes | ||
34 seconds East, a distance of 9.00 feet to an angle point on | ||
the north right of way line of Algonquin Road; thence South 89 | ||
degrees 38 minutes 26 seconds West along the north right of way | ||
line of Algonquin Road according to said Judgment Order, Case | ||
Number 00 ED 9, a distance of 268.47 feet to west line of the |
grantor according to said trustee's deed and deed in trust | ||
recorded October 17, 1994 as document number 94R059510; thence | ||
North 0 degrees 15 minutes 16 seconds West along the west line | ||
of the grantor according to said trustee's deed and deed in | ||
trust, a distance of 18.08 feet; thence North 89 degrees 56 | ||
minutes 44 seconds East, a distance of 183.82 feet to the point | ||
of beginning; thence continuing North 89 degrees 56 minutes 44 | ||
seconds East, a distance of 45.00 feet; thence North 0 degrees | ||
03 minutes 16 seconds West, a distance of 3.00 feet; thence | ||
North 89 degrees 56 minutes 44 seconds East, a distance of 9.00 | ||
feet; thence North 0 degrees 03 minutes 16 seconds West, a | ||
distance of 19.00 feet; thence South 89 degrees 56 minutes 44 | ||
seconds West, a distance of 54.00 feet; thence South 0 degrees | ||
03 minutes 16 seconds East, a distance of 22.00 feet to the | ||
point of beginning. | ||
Said temporary easement containing 0.027 acre, more or | ||
less. | ||
Said temporary easement to be used for driveway | ||
construction purposes. | ||
*** | ||
That part of the Southeast Quarter of the Northeast Quarter | ||
of Section 30, Township 43 North, Range 8 East of the Third |
Principal Meridian, in McHenry County, Illinois, bearings and | ||
distances are based on the Illinois Coordinate System, NAD | ||
83(2011) East Zone, with a combination factor of 0.9999373735, | ||
described as follows: | ||
Commencing at a point on the west right of way line of | ||
Randall Road recorded October 31, 1969 as document number | ||
516648, said point being 1979.91 feet (1980.02 feet, recorded) | ||
South of the north line of the Northeast Quarter of said | ||
Section 30, being also the southeast corner of Lot 1 in Govnors | ||
Subdivision, according to the plat thereof recorded March 20, | ||
2001 as document number 2001R0016624 and the northeast corner | ||
of trustee's deed and deed in trust recorded October 17, 1994 | ||
as document number 94R059510; thence on an Illinois Coordinate | ||
System NAD 83(2011) East Zone bearing of South 0 degrees 23 | ||
minutes 56 seconds East along the said west right of way line | ||
of Randall Road, a distance of 542.00 feet to the northwesterly | ||
right of way line of Algonquin Road according to Judgment | ||
Order, Case Number 00 ED 9, filed April 22, 2003 in the Circuit | ||
Court of the Nineteenth Judicial Circuit, McHenry County, | ||
Illinois; thence South 63 degrees 24 minutes 49 seconds West | ||
along the said northwesterly right of way line of Algonquin | ||
Road, a distance of 82.45 feet (82.05 feet, recorded) to the | ||
north right of way line of Algonquin Road; thence South 89 | ||
degrees 38 minutes 26 seconds West along the north right of way | ||
line of Algonquin Road according to said Judgment Order, Case |
Number 00 ED 9, a distance of 161.98 feet to an angle point on | ||
said north right of way line; thence South 0 degrees 21 minutes | ||
34 seconds East, a distance of 9.00 feet to an angle point on | ||
the north right of way line of Algonquin Road; thence South 89 | ||
degrees 38 minutes 26 seconds West along the north right of way | ||
line of Algonquin Road according to said Judgment Order, Case | ||
Number 00 ED 9, a distance of 268.47 feet to west line of the | ||
grantor according to said trustee's deed and deed in trust | ||
recorded October 17, 1994 as document number 94R059510; thence | ||
North 0 degrees 15 minutes 16 seconds West along the west line | ||
of the grantor according to said trustee's deed and deed in | ||
trust, a distance of 18.08 feet; thence North 89 degrees 56 | ||
minutes 44 seconds East, a distance of 228.82 feet; thence | ||
North 0 degrees 03 minutes 16 seconds West, a distance of 3.00 | ||
feet; thence North 89 degrees 56 minutes 44 seconds East, a | ||
distance of 173.00 feet to the point of beginning; thence | ||
continuing North 89 degrees 56 minutes 44 seconds East, a | ||
distance of 18.00 feet; thence North 0 degrees 03 minutes 16 | ||
seconds West, a distance of 16.00 feet; thence North 89 degrees | ||
56 minutes 44 seconds East, a distance of 29.00 feet; thence | ||
North 42 degrees 08 minutes 13 seconds East, a distance of | ||
26.57 feet; thence North 0 degrees 24 minutes 03 seconds West, | ||
a distance of 395.00 feet; thence North 89 degrees 35 minutes | ||
57 seconds East, a distance of 17.00 feet; thence North 0 | ||
degrees 24 minutes 03 seconds West, a distance of 138.15 feet | ||
to the north line of the grantor according to said trustee's |
deed and deed in trust; thence South 89 degrees 40 minutes 50 | ||
seconds West along the north line of the grantor according to | ||
said trustee's deed and deed in trust, a distance of 20.00 | ||
feet; thence South 0 degrees 24 minutes 03 seconds East, a | ||
distance of 63.01 feet; thence South 89 degrees 35 minutes 57 | ||
seconds West, a distance of 18.00 feet; thence South 0 degrees | ||
24 minutes 03 seconds East, a distance of 86.84 feet; thence | ||
North 90 degrees 00 minutes 00 seconds East, a distance of | ||
11.00 feet; thence South 0 degrees 24 minutes 03 seconds East, | ||
a distance of 379.36 feet; thence South 42 degrees 08 minutes | ||
13 seconds West, a distance of 27.69 feet; thence South 89 | ||
degrees 56 minutes 44 seconds West, a distance of 36.22 feet; | ||
thence South 0 degrees 03 minutes 16 seconds East, a distance | ||
of 19.00 feet to the point of beginning. | ||
Said temporary easement containing 0.203 acre, more or | ||
less. | ||
Said temporary easement to be used for grading, driveway | ||
and parking lot construction purposes. | ||
*** | ||
That part of the West Half of the Northwest Quarter of | ||
Section 29, Township 43 North, Range 8 East of the Third | ||
Principal Meridian, in McHenry County, Illinois, bearings and |
distances are based on the Illinois Coordinate System, NAD | ||
83(2011) East Zone, with a combination factor of 0.9999373735, | ||
described as follows: | ||
Commencing at the southwest corner of the Northwest Quarter | ||
of said Section 29; thence on an Illinois Coordinate System NAD | ||
83(2011) East Zone bearing of North 0 degrees 13 minutes 26 | ||
seconds West along the west line of the Northwest Quarter of | ||
said Section 29, a distance of 82.82 feet to the northeasterly | ||
right of way line of Algonquin Road recorded October 17, 2002 | ||
as document number 2002R0093574 and the point of beginning; | ||
thence continuing North 0 degrees 13 minutes 26 seconds West | ||
along the west line of the Northwest Quarter of said Section | ||
29, a distance of 152.17 feet to a point of intersection with | ||
the Westerly extension of the south line of Lot 5 in The Centre | ||
at Lake in the Hills, according to the plat thereof recorded | ||
November 8, 1996 as document number 96R057546, being also the | ||
northwest corner of the grantor; thence South 89 degrees 54 | ||
minutes 57 seconds East along the south line of Lot 5 in said | ||
The Centre at Lake in the Hills and along the Westerly | ||
extension thereof, being also the north line of the grantor, a | ||
distance of 30.78 feet; thence South 0 degrees 24 minutes 03 | ||
seconds East, a distance of 108.07 feet; thence South 21 | ||
degrees 11 minutes 16 seconds East, a distance of 48.34 feet; | ||
thence North 89 degrees 56 minutes 44 seconds East, a distance | ||
of 151.58 feet to a west line of Lot 1 in said The Centre at |
Lake in Hills, being also the east line of the grantor; thence | ||
South 0 degrees 13 minutes 26 seconds East along a west line of | ||
Lot 1 in said The Centre at Lake in the Hills, being also the | ||
east line of the grantor, a distance of 17.24 feet to the north | ||
right of way line of Algonquin Road recorded October 17, 2002 | ||
as document number 2002R0093574; thence North 89 degrees 54 | ||
minutes 57 seconds West along the said north right of way line | ||
of Algonquin Road, a distance of 181.86 feet (182.15 feet, | ||
recorded) to the said northeasterly right of way line of | ||
Algonquin Road; thence North 45 degrees 33 minutes 26 seconds | ||
West along the said northeasterly right of way line of | ||
Algonquin Road, a distance of 25.48 feet to the point of | ||
beginning. | ||
Said parcel containing 0.192 acre, more or less. | ||
*** | ||
That part of the West Half of the Northwest Quarter of | ||
Section 29, Township 43 North, Range 8 East of the Third | ||
Principal Meridian, in McHenry County, Illinois, bearings and | ||
distances are based on the Illinois Coordinate System, NAD | ||
83(2011) East Zone, with a combination factor of 0.9999373735, | ||
described as follows: | ||
Commencing at the southwest corner of the Northwest Quarter |
of said Section 29; thence on an Illinois Coordinate System NAD | ||
83(2011) East Zone bearing of North 0 degrees 13 minutes 26 | ||
seconds West along the west line of the Northwest Quarter of | ||
said Section 29, a distance of 82.82 feet to the northeasterly | ||
right of way line of Algonquin Road recorded October 17, 2002 | ||
as document number 2002R0093574; thence continuing North 0 | ||
degrees 13 minutes 26 seconds West along the west line of the | ||
Northwest Quarter of said Section 29, a distance of 152.17 feet | ||
to a point of intersection with the Westerly extension of the | ||
south line of Lot 5 in The Centre at Lake in the Hills, | ||
according to the plat thereof recorded November 8, 1996 as | ||
document number 96R057546, being also the northwest corner of | ||
the grantor; thence South 89 degrees 54 minutes 57 seconds East | ||
along the south line of Lot 5 in said The Centre at Lake in the | ||
Hills and along the Westerly extension thereof, being also the | ||
north line of the grantor, a distance of 30.78 feet to the | ||
point of beginning; thence South 0 degrees 24 minutes 03 | ||
seconds East, a distance of 108.07 feet; thence South 21 | ||
degrees 11 minutes 16 seconds East, a distance of 48.34 feet; | ||
thence North 89 degrees 56 minutes 44 seconds East, a distance | ||
of 151.58 feet to a west line of Lot 1 in said The Centre at | ||
Lake in Hills, being also the east line of the grantor; thence | ||
North 0 degrees 13 minutes 26 seconds West along a west line of | ||
Lot 1 in said The Centre at Lake in the Hills, being also the | ||
east line of the grantor, a distance of 120.00 feet; thence | ||
South 89 degrees 56 minutes 44 seconds West, a distance of 5.49 |
feet; thence South 0 degrees 13 minutes 26 seconds East, a | ||
distance of 110.00 feet; thence South 89 degrees 56 minutes 44 | ||
seconds West, a distance of 143.27 feet; thence North 0 degrees | ||
24 minutes 03 seconds West, a distance of 133.97 feet; thence | ||
South 89 degrees 54 minutes 57 seconds East, a distance of | ||
15.00 feet; thence North 0 degrees 24 minutes 03 seconds West, | ||
a distance of 9.14 feet to the south line of Lot 5 in said The | ||
Centre at Lake in the Hills, being also the north line of the | ||
grantor; thence North 89 degrees 54 minutes 57 seconds West | ||
along the south line of Lot 5 in said The Centre at Lake in the | ||
Hills, being also the north line of the grantor, a distance of | ||
35.00 feet to the point of beginning. | ||
Said temporary easement containing 0.113 acre, more or | ||
less. | ||
Said temporary easement to be used for grading, driveway | ||
and parking lot construction purposes. | ||
*** | ||
That part of Lots 1 and 2, except that part of Lot 1 | ||
conveyed to the County of McHenry by warranty deed recorded | ||
February 17, 2000 as document number 2000R0008642, in The | ||
Centre of Lake in the Hills, being a subdivision of part of the | ||
West Half of the Northwest Quarter of Section 29, Township 43 |
North, Range 8 East of the Third Principal Meridian, according | ||
to the plat thereof recorded November 8, 1996 as document | ||
number 96R057546, in McHenry County, Illinois, bearings and | ||
distances are based on the Illinois Coordinate System, | ||
NAD83(2011) East Zone, with a combination factor of | ||
0.9999373735, described as follows: | ||
Beginning at the southeast corner of said Lot 1; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
North 89 degrees 54 minutes 57 seconds West along the south | ||
line of said Lots 1 and 2, a distance of 523.09 feet to the east | ||
right of way line of Algonquin Road according to warranty deed | ||
recorded February 17, 2000 as document number 2000R0008642; | ||
thence North 0 degrees 04 minutes 53 seconds East along the | ||
said east right of way line of Algonquin Road, a distance of | ||
10.00 feet to the north right of way line of Algonquin Road | ||
according to said warranty deed; thence North 89 degrees 54 | ||
minutes 57 seconds West along the said north right of way line | ||
of Algonquin Road, a distance of 191.44 feet (191.50 feet, | ||
recorded) to a west line of said Lot 1; thence North 0 degrees | ||
13 minutes 26 seconds West along a west line of said Lot 1, a | ||
distance of 7.24 feet; thence North 89 degrees 56 minutes 44 | ||
seconds East, a distance of 608.74 feet; thence North 0 degrees | ||
01 minute 56 seconds East, a distance of 15.00 feet; thence | ||
North 89 degrees 56 minutes 44 seconds East, a distance of | ||
106.02 feet to the east line of said Lot 1; thence South 0 |
degrees 22 minutes 43 seconds West along the east line of said | ||
Lot 1, a distance of 33.97 feet to the point of beginning. | ||
Said parcel containing 0.290 acre, more or less. | ||
*** | ||
That part of Lot 1, except that part of Lot 1 conveyed to | ||
the County of McHenry by warranty deed recorded February 17, | ||
2000 as document number 2000R0008642, in The Centre of Lake in | ||
the Hills, being a subdivision of part of the West Half of the | ||
Northwest Quarter of Section 29, Township 43 North, Range 8 | ||
East of the Third Principal Meridian, according to the plat | ||
thereof recorded November 8, 1996 as document number 96R057546, | ||
in McHenry County, Illinois, bearings and distances are based | ||
on the Illinois Coordinate System, NAD 83(2011) East Zone, with | ||
a combination factor of 0.9999373735, described as follows: | ||
Beginning at the most westerly corner of said Lot 1, being | ||
also the southwest corner of Lot 1 in The Centre Resubdivision, | ||
according to the plat thereof recorded January 14, 1998 as | ||
document number 98R002400; thence on an Illinois Coordinate | ||
System NAD 83(2011) East Zone bearing of North 89 degrees 46 | ||
minutes 40 seconds East along a north line of said Lot 1, being | ||
also the south line of Lot 1 in said The Centre Resubdivision, | ||
a distance of 19.45 feet; thence South 0 degrees 24 minutes 03 |
seconds East, a distance of 35.00 feet to a south line of said | ||
Lot 1, being also the north line of Lot 4 in said The Centre of | ||
Lake in the Hills; thence South 89 degrees 46 minutes 40 | ||
seconds West along a south line of said Lot 1, being also the | ||
north line of Lot 4 in said The Centre of Lake in the Hills, a | ||
distance of 19.56 feet to the west line of Lot 1; thence North | ||
0 degrees 13 minutes 26 seconds West along the west line of | ||
said Lot 1, a distance of 35.00 feet to the point of beginning. | ||
Said parcel containing 0.016 acre, more or less. | ||
*** | ||
That part of Lots 1 and 2, except that part of Lot 1 | ||
conveyed to the County of McHenry by warranty deed recorded | ||
February 17, 2000 as document number 2000R0008642, in The | ||
Centre of Lake in the Hills, being a subdivision of part of the | ||
West Half of the Northwest Quarter of Section 29, Township 43 | ||
North, Range 8 East of the Third Principal Meridian, according | ||
to the plat thereof recorded November 8, 1996 as document | ||
number 96R057546, in McHenry County, Illinois, bearings and | ||
distances are based on the Illinois Coordinate System, | ||
NAD83(2011) East Zone, with a combination factor of | ||
0.9999373735, described as follows: | ||
Commencing at the southeast corner of said Lot 1; thence on |
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
North 89 degrees 54 minutes 57 seconds West along the south | ||
line of said Lots 1 and 2, a distance of 523.09 feet to the east | ||
right of way line of Algonquin Road according to warranty deed | ||
recorded February 17, 2000 as document number 2000R0008642; | ||
thence North 0 degrees 04 minutes 53 seconds East along the | ||
said east right of way line of Algonquin Road, a distance of | ||
10.00 feet to the north right of way line of Algonquin Road | ||
according to said warranty deed; thence North 89 degrees 54 | ||
minutes 57 seconds West along the said north right of way line | ||
of Algonquin Road, a distance of 191.44 feet (191.50 feet, | ||
recorded) to a west line of said Lot 1; thence North 0 degrees | ||
13 minutes 26 seconds West along a west line of said Lot 1, a | ||
distance of 7.24 feet to the point of beginning; thence North | ||
89 degrees 56 minutes 44 seconds East, a distance of 608.74 | ||
feet; thence North 0 degrees 01 minute 56 seconds East, a | ||
distance of 15.00 feet; thence North 89 degrees 56 minutes 44 | ||
seconds East, a distance of 106.02 feet to the east line of | ||
said Lot 1; thence North 0 degrees 22 minutes 43 seconds East | ||
along the east line of said Lot 1, a distance of 15.00 feet; | ||
thence South 89 degrees 56 minutes 44 seconds West, a distance | ||
of 106.02 feet; thence South 0 degrees 39 minutes 20 seconds | ||
West, a distance of 10.00 feet; thence South 89 degrees 56 | ||
minutes 44 seconds West, a distance of 259.52 feet; thence | ||
North 0 degrees 03 minutes 16 seconds West, a distance of | ||
115.00 feet; thence South 89 degrees 56 minutes 44 seconds |
West, a distance of 95.00 feet; thence South 0 degrees 03 | ||
minutes 16 seconds East, a distance of 115.00 feet; thence | ||
South 89 degrees 56 minutes 44 seconds West, a distance of | ||
175.00 feet; thence North 0 degrees 03 minutes 16 seconds West, | ||
a distance of 110.00 feet; thence South 89 degrees 56 minutes | ||
44 seconds West, a distance of 79.61 feet to a west line of | ||
said Lot 1; thence South 0 degrees 13 minutes 26 seconds East | ||
along a west line of said Lot 1, a distance of 130.00 feet to | ||
the point of beginning. | ||
Said temporary easement containing 0.768 acre, more or | ||
less. | ||
Said temporary easement to be used for grading, driveway | ||
and parking lot construction purposes. | ||
*** | ||
That part of Lot 1, except that part of Lot 1 conveyed to | ||
the County of McHenry by warranty deed recorded February 17, | ||
2000 as document number 2000R0008642, in The Centre of Lake in | ||
the Hills, being a subdivision of part of the West Half of the | ||
Northwest Quarter of Section 29, Township 43 North, Range 8 | ||
East of the Third Principal Meridian, according to the plat | ||
thereof recorded November 8, 1996 as document number 96R057546, | ||
in McHenry County, Illinois, bearings and distances are based |
on the Illinois Coordinate System, NAD 83(2011) East Zone, with | ||
a combination factor of 0.9999373735, described as follows: | ||
Commencing at the most westerly corner of said Lot 1, being | ||
also the southwest corner of Lot 1 in The Centre Resubdivision, | ||
according to the plat thereof recorded January 14, 1998 as | ||
document number 98R002400; thence on an Illinois Coordinate | ||
System NAD 83(2011) East Zone bearing of North 89 degrees 46 | ||
minutes 40 seconds East along a north line of said Lot 1, being | ||
also the south line of Lot 1 in said The Centre Resubdivision, | ||
a distance of 19.45 feet to the point of beginning; thence | ||
South 0 degrees 24 minutes 03 seconds East, a distance of 35.00 | ||
feet to a south line of said Lot 1, being also the north line of | ||
Lot 4 in said The Centre of Lake in the Hills; thence North 89 | ||
degrees 46 minutes 40 seconds West along a south line of said | ||
Lot 1, being also the north line of Lot 4 in said The Centre of | ||
Lake in the Hills, a distance of 45.00 feet; thence North 0 | ||
degrees 24 minutes 03 seconds West, a distance of 35.00 feet to | ||
a north line of said Lot 1, being also the south line of Lot 1 | ||
in said The Centre Resubdivision; thence South 89 degrees 46 | ||
minutes 40 seconds West along a north line of said Lot 1, being | ||
also the south line of Lot 1 in said The Centre Resubdivision, | ||
a distance of 45.00 feet to the point of beginning. | ||
Said temporary easement containing 0.036 acre, more or | ||
less. |
Said temporary easement to be used for grading and driveway | ||
construction purposes. | ||
*** | ||
That part of Lot 3 in Algonquin Plaza, being a subdivision | ||
of part of the West Half of the Northwest Quarter of Section | ||
29, Township 43 North, Range 8 East of the Third Principal | ||
Meridian, according to the plat thereof recorded January 23, | ||
2006 as document number 2006R0005048, in McHenry County, | ||
Illinois, bearings and distances are based on the Illinois | ||
Coordinate System, NAD83(2011) East Zone, with a combination | ||
factor of 0.9999373735, described as follows: | ||
Beginning at the southwest corner of said Lot 3; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
North 0 degrees 22 minutes 43 seconds East along the west line | ||
of said Lot 3, a distance of 8.97 feet; thence North 89 degrees | ||
56 minutes 44 seconds East, a distance of 169.19 feet to the | ||
east line of said Lot 3; thence South 0 degrees 21 minutes 22 | ||
seconds West along the east line of said Lot 3, a distance of | ||
9.38 feet to the southeast corner of Lot 3; thence North 89 | ||
degrees 54 minutes 57 seconds West along the south line of said | ||
Lot 3, a distance of 169.19 feet (168.98 feet, recorded) to the | ||
point of beginning. |
Said parcel containing 0.036 acre, more or less. | ||
*** | ||
That part of the Southeast Quarter of the Northwest Quarter | ||
of Section 29, Township 43 North, Range 8 East of the Third | ||
Principal Meridian, in McHenry County, Illinois, bearings and | ||
distances are based on the Illinois Coordinate System, NAD | ||
83(2011) East Zone, with a combination factor of 0.9999373735, | ||
described as follows: | ||
Commencing at the southwest corner of the Northwest Quarter | ||
of said Section 29; thence on an Illinois Coordinate System NAD | ||
83(2011) East Zone bearing of South 89 degrees 54 minutes 57 | ||
seconds East along the south line of the Northwest Quarter of | ||
said Section 29, a distance of 1304.08 feet to the southwest | ||
corner of the Southeast Quarter of the Northwest Quarter of | ||
said Section 29, as monumented and occupied, and the point of | ||
beginning; thence North 0 degrees 18 minutes 42 seconds East | ||
along the west line of the Southeast Quarter of the Northwest | ||
Quarter of said Section 29, as monumented and occupied, a | ||
distance of 96.95 feet; thence North 89 degrees 41 minutes 18 | ||
seconds East, a distance of 20.36 feet to the east right of way | ||
line of Crystal Lake Road, as monumented and occupied; thence | ||
South 45 degrees 00 minutes 00 seconds East, a distance of |
45.39 feet; thence easterly 259.39 feet along a curve to the | ||
right having a radius of 10060.00 feet, the chord of said curve | ||
bears South 89 degrees 21 minutes 42 seconds East, 259.38 feet | ||
to a point of reverse curvature; thence easterly 42.82 feet | ||
along a curve to the left having a radius of 9940.00 feet, the | ||
chord of said curve bears South 88 degrees 44 minutes 47 | ||
seconds East, 42.82 feet to the west line of Lot 5 in First | ||
Addition to Cedar Ridge Subdivision, according to the plat | ||
thereof recorded January 11, 1980 as document number 788054; | ||
thence South 0 degrees 50 minutes 44 seconds West along the | ||
west line of Lot 5 in said First Addition to Cedar Ridge | ||
Subdivision, a distance of 61.66 feet to the south line of the | ||
Northwest Quarter of said Section 29; thence North 89 degrees | ||
54 minutes 57 seconds West along the south line of the | ||
Northwest Quarter of said Section 29, a distance of 354.25 feet | ||
to the point of beginning, except the parcel which is described | ||
as follows: | ||
Commencing at the southwest corner of the Northwest Quarter | ||
of said Section 29; thence on an Illinois Coordinate System NAD | ||
83(2011) East Zone bearing of South 89 degrees 54 minutes 57 | ||
seconds East along the south line of the Northwest Quarter of | ||
said Section 29, a distance of 1304.08 feet to the southwest | ||
corner of the Southeast Quarter of the Northwest Quarter of | ||
said Section 29, as monumented and occupied; thence North 0 | ||
degrees 18 minutes 42 seconds East along the west line of the |
Southeast Quarter of the Northwest Quarter of said Section 29, | ||
as monumented as occupied, a distance of 96.95 feet; thence | ||
North 89 degrees 41 minutes 18 seconds East, a distance of | ||
20.36 feet to the east right of way line of Crystal Lake Road, | ||
as monumented and occupied; thence South 0 degrees 23 minutes | ||
32 seconds West along the said east right of way line of | ||
Crystal Lake Road, as monumented and occupied, a distance of | ||
47.31 feet to the north right of way line of Algonquin Road | ||
recorded January 22, 1990 as document number 90R002714 and the | ||
point of beginning; thence South 89 degrees 32 minutes 00 | ||
seconds East along the said north right of way line of | ||
Algonquin Road, a distance of 214.98 feet (214.19 feet, | ||
recorded) to an angle point on said north right of way line; | ||
thence South 0 degrees 38 minutes 00 seconds East, a distance | ||
of 15.00 feet to the former north right of way line of | ||
Algonquin Road recorded January 25, 1950 as document number | ||
227880; thence North 89 degrees 32 minutes 00 seconds West | ||
along the said former north right of way line of Algonquin | ||
Road, a distance of 214.92 feet (214.19 feet, recorded) to the | ||
east right of way line of Crystal Lake Road, as monumented and | ||
occupied; thence North 0 degrees 23 minutes 32 seconds East | ||
along the said east right of way line of Crystal Lake Road, a | ||
distance of 15.00 feet to the point of beginning. | ||
Said parcel containing 0.475 acre, more or less, of which | ||
0.304 acre, more or less, was previously dedicated or used for |
highway purposes. | ||
*** | ||
That part of the Southeast Quarter of the Northwest Quarter | ||
of Section 29, Township 43 North, Range 8 East of the Third | ||
Principal Meridian, in McHenry County, Illinois, bearings and | ||
distances are based on the Illinois Coordinate System, NAD | ||
83(2011) East Zone, with a combination factor of 0.9999373735, | ||
described as follows: | ||
Commencing at the southwest corner of the Northwest Quarter | ||
of said Section 29; thence on an Illinois Coordinate System NAD | ||
83(2011) East Zone bearing of South 89 degrees 54 minutes 57 | ||
seconds East along the south line of the Northwest Quarter of | ||
said Section 29, a distance of 1304.08 feet to the southwest | ||
corner of the Southeast Quarter of the Northwest Quarter of | ||
said Section 29, as monumented and occupied; thence North 0 | ||
degrees 18 minutes 42 seconds East along the west line of the | ||
Southeast Quarter of the Northwest Quarter of said Section 29, | ||
as monumented and occupied, a distance of 96.95 feet; thence | ||
North 89 degrees 41 minutes 18 seconds East, a distance of | ||
20.36 feet to the east right of way line of Crystal Lake Road, | ||
as monumented and occupied; thence South 45 degrees 00 minutes | ||
00 seconds East, a distance of 45.39 feet; thence easterly | ||
117.93 feet along a curve to the right having a radius of |
10060.00 feet, the chord of said curve bears South 89 degrees | ||
45 minutes 52 seconds East, 117.93 feet to the point of | ||
beginning; thence easterly 85.00 feet along a curve to the | ||
right having a radius of 10060.00 feet, the chord of said curve | ||
bears South 89 degrees 11 minutes 12 seconds East, 85.00 feet; | ||
thence North 0 degrees 56 minutes 29 seconds East, a distance | ||
of 40.00 feet; thence westerly 85.00 feet along a curve to the | ||
left having a radius of 10100.00 feet, the chord of said curve | ||
bears North 89 degrees 11 minutes 10 seconds West, 85.00 feet; | ||
thence South 0 degrees 56 minutes 29 seconds West, a distance | ||
of 40.00 feet to the point of beginning. | ||
Said temporary easement containing 0.078 acre, more or | ||
less. | ||
Said temporary easement to be used for driveway removal and | ||
parking lot construction. | ||
*** | ||
That part of Lot 5 in The Centre of Lake in the Hills, | ||
being a subdivision of part of the West Half of the Northwest | ||
Quarter of Section 29, Township 43 North, Range 8 East of the | ||
Third Principal Meridian, according to the plat thereof | ||
recorded November 8, 1996 as document number 96R057546, in | ||
McHenry County, Illinois, bearings and distances are based on |
the Illinois Coordinate System, NAD83(2011) East Zone, with a | ||
combination factor of 0.9999373735, described as follows: | ||
Beginning at the northwest corner of said Lot 5; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
North 89 degrees 46 minutes 33 seconds East along the north | ||
line of said Lot 5, a distance of 20.12 feet; thence South 0 | ||
degrees 24 minutes 03 seconds East, a distance of 215.05 feet | ||
to the south line of said Lot 5; thence North 89 degrees 54 | ||
minutes 57 seconds West along the south line of said Lot 5, a | ||
distance of 20.78 feet to the southwest corner of Lot 5; thence | ||
North 0 degrees 13 minutes 26 seconds West along the west line | ||
of said Lot 5, a distance of 214.93 feet (214.96 feet, | ||
recorded) to the point of beginning. | ||
Said parcel containing 0.101 acre, more or less. | ||
*** | ||
That part of Lot 5 in The Centre of Lake in the Hills, | ||
being a subdivision of part of the West Half of the Northwest | ||
Quarter of Section 29, Township 43 North, Range 8 East of the | ||
Third Principal Meridian, according to the plat thereof | ||
recorded November 8, 1996 as document number 96R057546, in | ||
McHenry County, Illinois, bearings and distances are based on | ||
the Illinois Coordinate System, NAD83(2011) East Zone, with a |
combination factor of 0.9999373735, described as follows: | ||
Commencing at the northwest corner of said Lot 5; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
North 89 degrees 46 minutes 33 seconds East along the north | ||
line of said Lot 5, a distance of 20.12 feet; thence South 0 | ||
degrees 24 minutes 03 seconds East, a distance of 153.42 feet | ||
to the point of beginning; thence continuing South 0 degrees 24 | ||
minutes 03 seconds East, a distance of 61.63 feet to the south | ||
line of said Lot 5; thence South 89 degrees 54 minutes 57 | ||
seconds East along the south line of said Lot 5, a distance of | ||
35.00 feet; thence North 0 degrees 24 minutes 03 seconds West, | ||
a distance of 61.68 feet; thence North 90 degrees 00 minutes 00 | ||
seconds West, a distance of 35.00 feet to the point of | ||
beginning. | ||
Said temporary easement containing 0.050 acre, more or | ||
less. | ||
Said temporary easement to be used for driveway | ||
construction purposes. | ||
*** | ||
That part of Lot 4 in The Centre of Lake in the Hills, | ||
being a subdivision of part of the West Half of the Northwest |
Quarter of Section 29, Township 43 North, Range 8 East of the | ||
Third Principal Meridian, according to the plat thereof | ||
recorded November 8, 1996 as document number 96R057546, in | ||
McHenry County, Illinois, bearings and distances are based on | ||
the Illinois Coordinate System, NAD83(2011) East Zone, with a | ||
combination factor of 0.9999373735, described as follows: | ||
Beginning at the northwest corner of said Lot 4; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
North 89 degrees 46 minutes 40 seconds East along the north | ||
line of said Lot 4, a distance of 19.56 feet; thence South 0 | ||
degrees 24 minutes 03 seconds East, a distance of 179.98 feet | ||
to the south line of said Lot 4; thence South 89 degrees 46 | ||
minutes 33 seconds West along the south line of said Lot 4, a | ||
distance of 20.12 feet to the southwest corner of Lot 4; thence | ||
North 0 degrees 13 minutes 26 seconds West along the west line | ||
of said Lot 4, a distance of 179.98 feet (180.00 feet, | ||
recorded) to the point of beginning. | ||
Said parcel containing 0.082 acre, more or less. | ||
*** | ||
That part of Lot 4 in The Centre of Lake in the Hills, | ||
being a subdivision of part of the West Half of the Northwest | ||
Quarter of Section 29, Township 43 North, Range 8 East of the |
Third Principal Meridian, according to the plat thereof | ||
recorded November 8, 1996 as document number 96R057546, in | ||
McHenry County, Illinois, bearings and distances are based on | ||
the Illinois Coordinate System, NAD83(2011) East Zone, with a | ||
combination factor of 0.9999373735, described as follows: | ||
Commencing at the northwest corner of said Lot 4; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
North 89 degrees 46 minutes 40 seconds East along the north | ||
line of said Lot 4, a distance of 19.56 feet to the point of | ||
beginning; thence continuing North 89 degrees 46 minutes 40 | ||
seconds East along the north line of said Lot 4, a distance of | ||
45.00 feet; thence South 0 degrees 24 minutes 03 seconds East, | ||
a distance of 8.06 feet; thence South 89 degrees 35 minutes 57 | ||
seconds West, a distance of 45.00 feet; thence North 0 degrees | ||
24 minutes 03 seconds West, a distance of 8.21 feet to the | ||
point of beginning. | ||
Said temporary easement containing 0.008 acre, more or | ||
less, or 366 square feet, more or less. | ||
Said temporary easement to be used for grading purposes. | ||
*** | ||
That part of Lot 1 in Govnors Subdivision, being a |
subdivision of part of the East Half of the Northeast Quarter | ||
of Section 30, Township 43 North, Range 8 East of the Third | ||
Principal Meridian, according to the plat thereof recorded | ||
March 20, 2001 as document number 2001R0016624, in McHenry | ||
County, Illinois, bearings and distances are based on the | ||
Illinois Coordinate System, NAD 83(2011) East Zone, with a | ||
combination factor of 0.9999373735, described as follows: | ||
Beginning at the southeast corner of said Lot 1; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
South 89 degrees 40 minutes 50 seconds West along the south | ||
line of said Lot 1, a distance of 23.53 feet; thence North 0 | ||
degrees 24 minutes 03 seconds West, a distance of 305.15 feet | ||
to the north line of said Lot 1; thence North 89 degrees 40 | ||
minutes 50 seconds East along the north line of said Lot 1, a | ||
distance of 23.54 feet to the northeast corner of Lot 1; thence | ||
South 0 degrees 23 minutes 56 seconds East along the east line | ||
of said Lot 1, a distance of 305.15 feet to the point of | ||
beginning. | ||
Said parcel containing 0.165 acre, more or less. | ||
*** | ||
That part of Lot 1 in Govnors Subdivision, being a | ||
subdivision of part of the East Half of the Northeast Quarter |
of Section 30, Township 43 North, Range 8 East of the Third | ||
Principal Meridian, according to the plat thereof recorded | ||
March 20, 2001 as document number 2001R0016624, in McHenry | ||
County, Illinois, bearings and distances are based on the | ||
Illinois Coordinate System, NAD 83(2011) East Zone, with a | ||
combination factor of 0.9999373735, described as follows: | ||
Commencing at the southeast corner of said Lot 1; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
South 89 degrees 40 minutes 50 seconds West along the south | ||
line of said Lot 1, a distance of 23.53 feet to the point of | ||
beginning; thence North 0 degrees 24 minutes 03 seconds West, a | ||
distance of 305.15 feet to the north line of said Lot 1; thence | ||
South 89 degrees 40 minutes 50 seconds West along the north | ||
line of said Lot 1, a distance of 30.00 feet; thence South 0 | ||
degrees 24 minutes 03 seconds East, a distance of 180.06 feet; | ||
thence North 90 degrees 00 minutes 00 seconds East, a distance | ||
of 20.00 feet; thence South 0 degrees 24 minutes 03 seconds | ||
East, a distance of 124.98 feet to the south line of said Lot | ||
1; thence North 89 degrees 40 minutes 50 seconds East along the | ||
south line of said Lot 1, a distance of 10.00 feet to the point | ||
of beginning. | ||
Said temporary easement containing 0.153 acre, more or | ||
less. |
Said temporary easement to be used for grading and driveway | ||
construction purposes. | ||
*** | ||
That part of Lot 1 in The Centre Resubdivision, being a | ||
resubdivision of Lot 3 in The Centre at Lake in the Hills, a | ||
subdivision of part of the West Half of the Northwest Quarter | ||
of Section 29, Township 43 North, Range 8 East of the Third | ||
Principal Meridian, according to the plat of said The Centre | ||
Resubdivision recorded January 14, 1998 as document number | ||
98R002400, in McHenry County, Illinois, bearings and distances | ||
are based on the Illinois Coordinate System, NAD 83(2011) East | ||
Zone, with a combination factor of 0.9999373735, described as | ||
follows: | ||
Beginning at the northwest corner of said Lot 1; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
North 89 degrees 46 minutes 42 seconds East along the north | ||
line of said Lot 1, a distance of 19.00 feet; thence South 0 | ||
degrees 24 minutes 03 seconds East, a distance of 145.81 feet | ||
to the south line of said Lot 1; thence South 89 degrees 46 | ||
minutes 40 seconds West along the south line of said Lot 1, a | ||
distance of 19.45 feet to the southwest corner of Lot 1; thence | ||
North 0 degrees 13 minutes 26 seconds West along the west line | ||
of said Lot 1, a distance of 145.81 feet (145.83 feet, |
recorded) to the point of beginning. | ||
Said parcel containing 0.064 acre, more or less. | ||
*** | ||
That part of Lot 1 in The Centre Resubdivision, being a | ||
resubdivision of Lot 3 in The Centre at Lake in the Hills, a | ||
subdivision of part of the West Half of the Northwest Quarter | ||
of Section 29, Township 43 North, Range 8 East of the Third | ||
Principal Meridian, according to the plat of said The Centre | ||
Resubdivision recorded January 14, 1998 as document number | ||
98R002400, in McHenry County, Illinois, bearings and distances | ||
are based on the Illinois Coordinate System, NAD 83(2011) East | ||
Zone, with a combination factor of 0.9999373735, described as | ||
follows: | ||
Commencing at the northwest corner of said Lot 1; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
North 89 degrees 46 minutes 42 seconds East along the north | ||
line of said Lot 1, a distance of 19.00 feet to the point of | ||
beginning; thence South 0 degrees 24 minutes 03 seconds East, a | ||
distance of 145.81 feet to the south line of said Lot 1; thence | ||
North 89 degrees 46 minutes 40 seconds East along the south | ||
line of said Lot 1, a distance of 45.00 feet; thence North 0 | ||
degrees 24 minutes 03 seconds West, a distance of 6.76 feet; |
thence North 89 degrees 28 minutes 46 seconds West, a distance | ||
of 40.00 feet; thence North 0 degrees 24 minutes 03 seconds | ||
West, a distance of 138.53 feet to the north line of said Lot | ||
1; thence South 89 degrees 46 minutes 42 seconds West along the | ||
north line of said Lot 1, a distance of 5.00 feet to the point | ||
of beginning. | ||
Said temporary easement containing 0.023 acre, more or | ||
less. | ||
Said temporary easement to be used for grading and sidewalk | ||
removal purposes. | ||
*** | ||
That part of Lot 4 in The Meadows Commercial Subdivision, | ||
being a resubdivision of part Lot 8 in The Meadows, according | ||
to the plat thereof recorded October 23, 2001 as document | ||
number 2001R0079191 and part of Lot 2 in Govnors Subdivision, | ||
according to the plat thereof recorded March 20, 2001 as | ||
document number 2001R0016624, in the Northeast Quarter of | ||
Section 30, Township 43 North, Range 8 East of the Third | ||
Principal Meridian, according to the plat of said The Meadows | ||
Commercial Subdivision recorded January 31, 2003 as document | ||
number 2003R0013439, in McHenry County, Illinois, bearings and | ||
distances are based on the Illinois Coordinate System, NAD |
83(2011) East Zone, with a combination factor of 0.9999373735, | ||
described as follows: | ||
Beginning at the southeast corner of said Lot 4; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
South 89 degrees 40 minutes 50 seconds West along the south | ||
line of said Lot 4, a distance of 18.54 feet; thence North 0 | ||
degrees 24 minutes 03 seconds West, a distance of 251.68 feet; | ||
thence North 57 degrees 05 minutes 21 seconds West, a distance | ||
of 27.52 feet to the north line of said Lot 4; thence North 89 | ||
degrees 36 minutes 04 seconds East along the north line of said | ||
Lot 4, a distance of 26.55 feet to the northeasterly line of | ||
Lot 4; thence South 45 degrees 23 minutes 56 seconds East along | ||
the northeasterly line of said Lot 4, a distance of 21.21 feet | ||
to the east line of Lot 4; thence South 0 degrees 23 minutes 56 | ||
seconds East along the east line of said Lot 4, a distance of | ||
251.82 feet to the point of beginning. | ||
Said parcel containing 0.115 acre, more or less. | ||
*** | ||
That part of Lot 4 in The Meadows Commercial Subdivision, | ||
being a resubdivision of part Lot 8 in The Meadows, according | ||
to the plat thereof recorded October 23, 2001 as document | ||
number 2001R0079191 and part of Lot 2 in Govnors Subdivision, |
according to the plat thereof recorded March 20, 2001 as | ||
document number 2001R0016624, in the Northeast Quarter of | ||
Section 30, Township 43 North, Range 8 East of the Third | ||
Principal Meridian, according to the plat of said The Meadows | ||
Commercial Subdivision recorded January 31, 2003 as document | ||
number 2003R0013439, in McHenry County, Illinois, bearings and | ||
distances are based on the Illinois Coordinate System, NAD | ||
83(2011) East Zone, with a combination factor of 0.9999373735, | ||
described as follows: | ||
Commencing at the southeast corner of said Lot 4; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
South 89 degrees 40 minutes 50 seconds West along the south | ||
line of said Lot 4, a distance of 18.54 feet; thence North 0 | ||
degrees 24 minutes 03 seconds West, a distance of 251.68 feet; | ||
thence North 57 degrees 05 minutes 21 seconds West, a distance | ||
of 27.52 feet to the north line of said Lot 4; thence South 89 | ||
degrees 36 minutes 04 seconds West along the north line of said | ||
Lot 4, a distance of 162.01 feet to the point of beginning; | ||
thence South 63 degrees 37 minutes 36 seconds West, a distance | ||
of 46.09 feet the west line of said Lot 4; thence North 0 | ||
degrees 23 minutes 56 seconds West along the west line of said | ||
Lot 4, a distance of 5.19 feet to the northwesterly line of Lot | ||
4; thence North 44 degrees 36 minutes 04 seconds East along the | ||
northwesterly line of said Lot 4, a distance of 21.21 feet to | ||
the north line of Lot 4; thence North 89 degrees 36 minutes 04 |
seconds East along the north line of said Lot 4, a distance of | ||
26.43 feet to the point of beginning. | ||
Said parcel containing 0.007 acre, more or less, or 306 | ||
square feet, more or less. | ||
*** | ||
That part of Lot 4 in The Meadows Commercial Subdivision, | ||
being a resubdivision of part Lot 8 in The Meadows, according | ||
to the plat thereof recorded October 23, 2001 as document | ||
number 2001R0079191 and part of Lot 2 in Govnors Subdivision, | ||
according to the plat thereof recorded March 20, 2001 as | ||
document number 2001R0016624, in the Northeast Quarter of | ||
Section 30, Township 43 North, Range 8 East of the Third | ||
Principal Meridian, according to the plat of said The Meadows | ||
Commercial Subdivision recorded January 31, 2003 as document | ||
number 2003R0013439, in McHenry County, Illinois, bearings and | ||
distances are based on the Illinois Coordinate System, NAD | ||
83(2011) East Zone, with a combination factor of 0.9999373735, | ||
described as follows: | ||
Commencing at the southeast corner of said Lot 4; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
South 89 degrees 40 minutes 50 seconds West along the south | ||
line of said Lot 4, a distance of 18.54 feet to the point of |
beginning; thence North 0 degrees 24 minutes 03 seconds West, a | ||
distance of 251.68 feet; thence North 57 degrees 05 minutes 21 | ||
seconds West, a distance of 27.52 feet to the north line of | ||
said Lot 4; thence South 89 degrees 36 minutes 04 seconds West | ||
along the north line of said Lot 4, a distance of 162.01 feet; | ||
thence South 63 degrees 37 minutes 36 seconds West, a distance | ||
of 46.09 feet to the west line of said Lot 4; thence North 89 | ||
degrees 36 minutes 20 seconds East, a distance of 216.44 feet; | ||
thence South 0 degrees 24 minutes 03 seconds East, a distance | ||
of 246.58 feet to the south line of said Lot 4; thence North 89 | ||
degrees 40 minutes 50 seconds East along the south line of said | ||
Lot 4, a distance of 10.00 feet to the point of beginning. | ||
Said temporary easement containing 0.148 acre, more or | ||
less. | ||
Said temporary easement to be used for grading purposes. | ||
*** | ||
That part of Lot 5 in Lake in the Hills Entertainment Park, | ||
being a subdivision of part of the West Half of the Northwest | ||
Quarter of Section 29, Township 43 North, Range 8 East of the | ||
Third Principal Meridian, according to the plat thereof | ||
recorded June 28, 1996 as document number 96R033436, in McHenry | ||
County, Illinois, bearings and distances are based on the |
Illinois Coordinate System, NAD 83(2011) East Zone, with a | ||
combination factor of 0.9999373735, described as follows: | ||
Beginning at the northwest corner of said Lot 5; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
South 89 degrees 36 minutes 44 seconds East along the north | ||
line of said Lot 5, a distance of 17.74 feet; thence South 0 | ||
degrees 24 minutes 03 seconds East, a distance of 259.98 feet | ||
to the south line of said Lot 5; thence North 89 degrees 36 | ||
minutes 54 seconds West along the south line of said Lot 5, a | ||
distance of 18.54 feet to the southwest corner of Lot 5; thence | ||
North 0 degrees 13 minutes 26 seconds West along the west line | ||
of said Lot 5, a distance of 259.97 feet (260.00 feet, | ||
recorded) to the point of beginning. | ||
Said parcel containing 0.108 acre, more or less. | ||
*** | ||
That part of Lot 5 in Lake in the Hills Entertainment Park, | ||
being a subdivision of part of the West Half of the Northwest | ||
Quarter of Section 29, Township 43 North, Range 8 East of the | ||
Third Principal Meridian, according to the plat thereof | ||
recorded June 28, 1996 as document number 96R033436, in McHenry | ||
County, Illinois, bearings and distances are based on the | ||
Illinois Coordinate System, NAD 83(2011) East Zone, with a |
combination factor of 0.9999373735, described as follows: | ||
Commencing at the northwest corner of said Lot 5; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
South 89 degrees 36 minutes 44 seconds East along the north | ||
line of said Lot 5, a distance of 17.74 feet to the point of | ||
beginning; thence continuing South 89 degrees 36 minutes 44 | ||
seconds East along the north line of said Lot 5, a distance of | ||
40.00 feet; thence South 0 degrees 24 minutes 03 seconds East, | ||
a distance of 13.87 feet; thence South 89 degrees 35 minutes 57 | ||
seconds West, a distance of 36.00 feet; thence South 0 degrees | ||
24 minutes 03 seconds East, a distance of 11.00 feet; thence | ||
South 89 degrees 35 minutes 57 seconds West, a distance of 4.00 | ||
feet; thence North 0 degrees 24 minutes 03 seconds West, a | ||
distance of 25.42 feet to the point of beginning. | ||
Said temporary easement containing 0.014 acre, more or | ||
less. | ||
Said temporary easement to be used for grading purposes. | ||
*** | ||
That part of Lot 5 in The Meadows Commercial Subdivision, | ||
being a resubdivision of part Lot 8 in The Meadows, according | ||
to the plat thereof recorded October 23, 2001 as document |
number 2001R0079191 and part of Lot 2 in Govnors Subdivision, | ||
according to the plat thereof recorded March 20, 2001 as | ||
document number 2001R0016624, in the Northeast Quarter of | ||
Section 30, Township 43 North, Range 8 East of the Third | ||
Principal Meridian, according to the plat of said The Meadows | ||
Commercial Subdivision recorded January 31, 2003 as document | ||
number 2003R0013439, in McHenry County, Illinois, bearings and | ||
distances are based on the Illinois Coordinate System, NAD | ||
83(2011) East Zone, with a combination factor of 0.9999373735, | ||
described as follows: | ||
Beginning at the northeast corner of said Lot 5; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
South 0 degrees 23 minutes 56 seconds East along the east line | ||
of said Lot 5, a distance of 203.14 feet to the southerly line | ||
of Lot 5; thence South 74 degrees 54 minutes 28 seconds West | ||
along the southerly line of said Lot 5, a distance of 19.18 | ||
feet; thence North 0 degrees 24 minutes 03 seconds West, a | ||
distance of 38.64 feet; thence North 90 degrees 00 minutes 00 | ||
seconds East, a distance of 10.00 feet; thence North 0 degrees | ||
24 minutes 03 seconds West, a distance of 169.43 feet to the | ||
north line of said Lot 5; thence North 89 degrees 36 minutes 04 | ||
seconds East along the north line of said Lot 5, a distance of | ||
8.56 feet to the point of beginning. | ||
Said parcel containing 0.049 acre, more or less. |
*** | ||
That part of Lot 5 in The Meadows Commercial Subdivision, | ||
being a resubdivision of part Lot 8 in The Meadows, according | ||
to the plat thereof recorded October 23, 2001 as document | ||
number 2001R0079191 and part of Lot 2 in Govnors Subdivision, | ||
according to the plat thereof recorded March 20, 2001 as | ||
document number 2001R0016624, in the Northeast Quarter of | ||
Section 30, Township 43 North, Range 8 East of the Third | ||
Principal Meridian, according to the plat of said The Meadows | ||
Commercial Subdivision recorded January 31, 2003 as document | ||
number 2003R0013439, in McHenry County, Illinois, bearings and | ||
distances are based on the Illinois Coordinate System, NAD | ||
83(2011) East Zone, with a combination factor of 0.9999373735, | ||
described as follows: | ||
Commencing at the northeast corner of said Lot 5; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
South 0 degrees 23 minutes 56 seconds East along the east line | ||
of said Lot 5, a distance of 203.14 feet to the southerly line | ||
of Lot 5; thence South 74 degrees 54 minutes 28 seconds West | ||
along the southerly line of said Lot 5, a distance of 19.18 | ||
feet to the point of beginning; thence North 0 degrees 24 | ||
minutes 03 seconds West, a distance of 38.64 feet; thence South | ||
89 degrees 35 minutes 57 seconds West, a distance of 70.00 |
feet; thence South 0 degrees 24 minutes 03 seconds East, a | ||
distance of 39.89 feet to the south line of said Lot 5; thence | ||
North 89 degrees 36 minutes 04 seconds East along the south | ||
line of said Lot 5, a distance of 65.24 feet to the southerly | ||
line of Lot 5; thence North 74 degrees 54 minutes 28 seconds | ||
East along the southerly line of said Lot 5, a distance of 4.92 | ||
feet to the point of beginning. | ||
Said temporary easement containing 0.064 acre, more or | ||
less. | ||
Said temporary easement to be used for grading and driveway | ||
construction purposes. | ||
*** | ||
That part of Lot 5 in The Meadows Commercial Subdivision, | ||
being a resubdivision of part Lot 8 in The Meadows, according | ||
to the plat thereof recorded October 23, 2001 as document | ||
number 2001R0079191 and part of Lot 2 in Govnors Subdivision, | ||
according to the plat thereof recorded March 20, 2001 as | ||
document number 2001R0016624, in the Northeast Quarter of | ||
Section 30, Township 43 North, Range 8 East of the Third | ||
Principal Meridian, according to the plat of said The Meadows | ||
Commercial Subdivision recorded January 31, 2003 as document | ||
number 2003R0013439, in McHenry County, Illinois, bearings and |
distances are based on the Illinois Coordinate System, NAD | ||
83(2011) East Zone, with a combination factor of 0.9999373735, | ||
described as follows: | ||
Commencing at the northeast corner of said Lot 5; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
South 0 degrees 23 minutes 56 seconds East along the east line | ||
of said Lot 5, a distance of 203.14 feet to the southerly line | ||
of Lot 5; thence South 74 degrees 54 minutes 28 seconds West | ||
along the southerly line of said Lot 5, a distance of 19.18 | ||
feet; thence North 0 degrees 24 minutes 03 seconds West, a | ||
distance of 38.64 feet to the point of beginning; thence North | ||
90 degrees 00 minutes 00 seconds East, a distance of 10.00 | ||
feet; thence North 0 degrees 24 minutes 03 seconds West, a | ||
distance of 169.43 feet to the north line of said Lot 5; thence | ||
South 89 degrees 36 minutes 04 seconds West along the north | ||
line of said Lot 5, a distance of 10.00 feet; thence South 0 | ||
degrees 24 minutes 03 seconds East, a distance of 169.36 feet | ||
to the point of beginning. | ||
Said temporary easement containing 0.039 acre, more or | ||
less. | ||
Said temporary easement to be used for grading purposes. | ||
*** |
That part of Lots 3 and 4 in Lake in the Hills | ||
Entertainment Park, being a subdivision of part of the West | ||
Half of the Northwest Quarter of Section 29, Township 43 North, | ||
Range 8 East of the Third Principal Meridian, according to the | ||
plat thereof recorded June 28, 1996 as document number | ||
96R033436, in McHenry County, Illinois, bearings and distances | ||
are based on the Illinois Coordinate System, NAD 83(2011) East | ||
Zone, with a combination factor of 0.9999373735, described as | ||
follows: | ||
Beginning at the northwest corner of said Lot 3; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
South 89 degrees 37 minutes 01 second East along the north line | ||
of said Lot 3, a distance of 16.57 feet; thence South 0 degrees | ||
24 minutes 03 seconds East, a distance of 164.99 feet to the | ||
south line of said Lot 3; thence North 89 degrees 36 minutes 47 | ||
seconds West along the south line of said Lot 3, a distance of | ||
4.00 feet; thence South 0 degrees 24 minutes 03 seconds East, a | ||
distance of 149.45 feet; thence North 89 degrees 35 minutes 57 | ||
seconds East, a distance of 4.00 feet; thence South 0 degrees | ||
24 minutes 03 seconds East, a distance of 15.59 feet to the | ||
south line of said Lot 4; thence North 89 degrees 36 minutes 44 | ||
seconds West along the south line of said Lot 4, a distance of | ||
17.59 feet to the southwest corner of Lot 4; thence North 0 | ||
degrees 13 minutes 26 seconds West along the west line of said |
Lots 3 and 4, a distance of 329.96 feet to the point of | ||
beginning. | ||
Said parcel containing 0.116 acre, more or less. | ||
*** | ||
That part of Lots 3 and 4 in Lake in the Hills | ||
Entertainment Park, being a subdivision of part of the West | ||
Half of the Northwest Quarter of Section 29, Township 43 North, | ||
Range 8 East of the Third Principal Meridian, according to the | ||
plat thereof recorded June 28, 1996 as document number | ||
96R033436, in McHenry County, Illinois, bearings and distances | ||
are based on the Illinois Coordinate System, NAD 83(2011) East | ||
Zone, with a combination factor of 0.9999373735, described as | ||
follows: | ||
Commencing at the northwest corner of said Lot 3; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
South 89 degrees 37 minutes 01 second East along the north line | ||
of said Lot 3, a distance of 16.57 feet to the point of | ||
beginning; thence South 0 degrees 24 minutes 03 seconds East, a | ||
distance of 164.99 feet to the south line of said Lot 3; thence | ||
North 89 degrees 36 minutes 47 seconds West along the south | ||
line of said Lot 3, a distance of 4.00 feet; thence South 0 | ||
degrees 24 minutes 03 seconds East, a distance of 149.45 feet; |
thence North 89 degrees 35 minutes 57 seconds East, a distance | ||
of 4.00 feet; thence South 0 degrees 24 minutes 03 seconds | ||
East, a distance of 15.59 feet to the south line of said Lot 4; | ||
thence South 89 degrees 36 minutes 44 seconds East along the | ||
south line of said Lot 4, a distance of 40.00 feet; thence | ||
North 0 degrees 24 minutes 03 seconds West, a distance of 26.13 | ||
feet; thence South 89 degrees 35 minutes 57 seconds West, a | ||
distance of 25.00 feet; thence North 0 degrees 24 minutes 03 | ||
seconds West, distance of 160.00 feet; thence South 89 degrees | ||
35 minutes 57 seconds West, a distance of 6.00 feet; thence | ||
North 0 degrees 24 minutes 03 seconds West, a distance of | ||
144.26 feet to the north line of said Lot 3; thence North 89 | ||
degrees 37 minutes 01 second West along the north line of said | ||
Lot 3, a distance of 9.00 feet to the point of beginning. | ||
Said temporary easement containing 0.122 acre, more or | ||
less. | ||
Said temporary easement to be used for grading and parking | ||
lot construction purposes. | ||
*** | ||
That part of Lot 6 in The Meadows Commercial Subdivision, | ||
being a resubdivision of part Lot 8 in The Meadows, according | ||
to the plat thereof recorded October 23, 2001 as document |
number 2001R0079191 and part of Lot 2 in Govnors Subdivision, | ||
according to the plat thereof recorded March 20, 2001 as | ||
document number 2001R0016624, in the Northeast Quarter of | ||
Section 30, Township 43 North, Range 8 East of the Third | ||
Principal Meridian, according to the plat of said The Meadows | ||
Commercial Subdivision recorded January 31, 2003 as document | ||
number 2003R0013439, in McHenry County, Illinois, bearings and | ||
distances are based on the Illinois Coordinate System, NAD | ||
83(2011) East Zone, with a combination factor of 0.9999373735, | ||
described as follows: | ||
Beginning at the southeast corner of said Lot 6; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
South 89 degrees 36 minutes 04 seconds West along the south | ||
line of said Lot 6, a distance of 8.56 feet; thence North 0 | ||
degrees 24 minutes 03 seconds West, a distance of 218.99 feet | ||
to the north line of said Lot 6; thence North 89 degrees 36 | ||
minutes 04 seconds East along the north line of said Lot 6, a | ||
distance of 8.56 feet to the northeast corner of Lot 6; thence | ||
South 0 degrees 23 minutes 56 seconds East along the east line | ||
of said Lot 6, a distance of 218.99 feet to the point of | ||
beginning. | ||
Said parcel containing 0.043 acre, more or less. | ||
*** |
That part of Lot 6 in The Meadows Commercial Subdivision, | ||
being a resubdivision of part Lot 8 in The Meadows, according | ||
to the plat thereof recorded October 23, 2001 as document | ||
number 2001R0079191 and part of Lot 2 in Govnors Subdivision, | ||
according to the plat thereof recorded March 20, 2001 as | ||
document number 2001R0016624, in the Northeast Quarter of | ||
Section 30, Township 43 North, Range 8 East of the Third | ||
Principal Meridian, according to the plat of said The Meadows | ||
Commercial Subdivision recorded January 31, 2003 as document | ||
number 2003R0013439, in McHenry County, Illinois, bearings and | ||
distances are based on the Illinois Coordinate System, NAD | ||
83(2011) East Zone, with a combination factor of 0.9999373735, | ||
described as follows: | ||
Commencing at the southeast corner of said Lot 6; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
South 89 degrees 36 minutes 04 seconds West along the south | ||
line of said Lot 6, a distance of 8.56 feet to the point of | ||
beginning; thence North 0 degrees 24 minutes 03 seconds West, a | ||
distance of 218.99 feet to the north line of said Lot 6; thence | ||
South 89 degrees 36 minutes 04 seconds West along the north | ||
line of said Lot 6, a distance of 10.00 feet; thence South 0 | ||
degrees 24 minutes 03 seconds East, a distance of 218.99 feet | ||
to the south line of said Lot 6; thence North 89 degrees 36 | ||
minutes 04 seconds East along the south line of said Lot 6, a |
distance of 10.00 feet to the point of beginning. | ||
Said temporary easement containing 0.050 acre, more or | ||
less. | ||
Said temporary easement to be used for grading purposes. | ||
*** | ||
That part of Lot 2 in The Meadows Commercial Subdivision, | ||
being a resubdivision of part Lot 8 in The Meadows, according | ||
to the plat thereof recorded October 23, 2001 as document | ||
number 2001R0079191 and part of Lot 2 in Govnors Subdivision, | ||
according to the plat thereof recorded March 20, 2001 as | ||
document number 2001R0016624, in the Northeast Quarter of | ||
Section 30, Township 43 North, Range 8 East of the Third | ||
Principal Meridian, according to the plat of said The Meadows | ||
Commercial Subdivision recorded January 31, 2003 as document | ||
number 2003R0013439, in McHenry County, Illinois, bearings and | ||
distances are based on the Illinois Coordinate System, NAD | ||
83(2011) East Zone, with a combination factor of 0.9999373735, | ||
described as follows: | ||
Beginning at an easterly corner of said Lot 2, being also | ||
the northwest corner of Outlot A in said The Meadows Commercial | ||
Subdivision; thence on an Illinois Coordinate System NAD |
83(2011) East Zone bearing of South 0 degrees 23 minutes 56 | ||
seconds East along an east line of said Lot 2, a distance of | ||
56.28 feet to the easterly line of Lot 2; thence South 7 | ||
degrees 12 minutes 42 seconds East along the easterly line of | ||
said Lot 2, a distance of 12.32 feet; thence North 90 degrees | ||
00 minutes 00 seconds West, a distance of 11.46 feet; thence | ||
North 0 degrees 23 minutes 56 seconds West, a distance of 71.90 | ||
feet to the northeasterly line of said Lot 2; thence | ||
southeasterly 10.59 feet along the northeasterly line of said | ||
Lot 2 on a curve to the left having a radius of 264.98 feet, the | ||
chord of said curve bears South 71 degrees 15 minutes 44 | ||
seconds East, 10.59 feet to the point of beginning. | ||
Said temporary easement containing 0.016 acre, more or | ||
less. | ||
Said temporary easement to be used for grading purposes. | ||
*** | ||
That part of Lot 2 in Lake in the Hills Entertainment Park, | ||
being a subdivision of part of the West Half of the Northwest | ||
Quarter of Section 29, Township 43 North, Range 8 East of the | ||
Third Principal Meridian, according to the plat thereof | ||
recorded June 28, 1996 as document number 96R033436, in McHenry | ||
County, Illinois, bearings and distances are based on the |
Illinois Coordinate System, NAD 83(2011) East Zone, with a | ||
combination factor of 0.9999373735, described as follows: | ||
Beginning at the northwest corner of said Lot 2; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
South 89 degrees 37 minutes 15 seconds East along the north | ||
line of said Lot 2, a distance of 15.72 feet; thence South 0 | ||
degrees 24 minutes 03 seconds East, a distance of 275.76 feet | ||
to the south line of said Lot 2; thence North 89 degrees 37 | ||
minutes 01 second West along the south line of said Lot 2, a | ||
distance of 16.57 feet to the southwest corner of Lot 2; thence | ||
North 0 degrees 13 minutes 26 seconds West along the west line | ||
of said Lot 2, a distance of 275.74 feet (275.78 feet, | ||
recorded) to the point of beginning. | ||
Said parcel containing 0.102 acre, more or less. | ||
*** | ||
That part of Lot 2 in Lake in the Hills Entertainment Park, | ||
being a subdivision of part of the West Half of the Northwest | ||
Quarter of Section 29, Township 43 North, Range 8 East of the | ||
Third Principal Meridian, according to the plat thereof | ||
recorded June 28, 1996 as document number 96R033436, in McHenry | ||
County, Illinois, bearings and distances are based on the | ||
Illinois Coordinate System, NAD 83(2011) East Zone, with a |
combination factor of 0.9999373735, described as follows: | ||
Commencing at the northwest corner of said Lot 2; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
South 89 degrees 37 minutes 15 seconds East along the north | ||
line of said Lot 2, a distance of 15.72 feet to the point of | ||
beginning; thence South 0 degrees 24 minutes 03 seconds East, a | ||
distance of 275.76 feet to the south line of said Lot 2; thence | ||
South 89 degrees 37 minutes 01 second East along the south line | ||
of said Lot 2, a distance of 9.00 feet; thence North 0 degrees | ||
24 minutes 03 seconds West, a distance of 12.74 feet; thence | ||
South 89 degrees 35 minutes 57 seconds West, a distance of 6.50 | ||
feet; thence North 0 degrees 24 minutes 03 seconds West, a | ||
distance of 263.11 feet to the north line of said Lot 2; thence | ||
North 89 degrees 37 minutes 15 seconds West along the north | ||
line of said Lot 2, a distance of 2.50 feet to the point of | ||
beginning. | ||
Said temporary easement containing 0.018 acre, more or | ||
less. | ||
Said temporary easement to be used for grading purposes. | ||
*** | ||
That part of Lot 7 in The Meadows Commercial Subdivision, |
being a resubdivision of part Lot 8 in The Meadows, according | ||
to the plat thereof recorded October 23, 2001 as document | ||
number 2001R0079191 and part of Lot 2 in Govnors Subdivision, | ||
according to the plat thereof recorded March 20, 2001 as | ||
document number 2001R0016624, in the Northeast Quarter of | ||
Section 30, Township 43 North, Range 8 East of the Third | ||
Principal Meridian, according to the plat of said The Meadows | ||
Commercial Subdivision recorded January 31, 2003 as document | ||
number 2003R0013439, in McHenry County, Illinois, bearings and | ||
distances are based on the Illinois Coordinate System, NAD | ||
83(2011) East Zone, with a combination factor of 0.9999373735, | ||
described as follows: | ||
Beginning at the southeast corner of said Lot 7; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
South 89 degrees 36 minutes 04 seconds West along the south | ||
line of said Lot 7, a distance of 18.56 feet; thence North 0 | ||
degrees 24 minutes 03 seconds West, a distance of 218.99 feet | ||
to the north line of said Lot 7; thence North 89 degrees 36 | ||
minutes 04 seconds East along the north line of said Lot 7, a | ||
distance of 18.57 feet to the northeast corner of Lot 7; thence | ||
South 0 degrees 23 minutes 56 seconds East along the east line | ||
of said Lot 7, a distance of 218.99 feet to the point of | ||
beginning. | ||
Said parcel containing 0.093 acre, more or less. |
*** | ||
That part of Lot 8 in The Meadows Commercial Subdivision, | ||
being a resubdivision of part Lot 8 in The Meadows, according | ||
to the plat thereof recorded October 23, 2001 as document | ||
number 2001R0079191 and part of Lot 2 in Govnors Subdivision, | ||
according to the plat thereof recorded March 20, 2001 as | ||
document number 2001R0016624, in the Northeast Quarter of | ||
Section 30, Township 43 North, Range 8 East of the Third | ||
Principal Meridian, according to the plat of said The Meadows | ||
Commercial Subdivision recorded January 31, 2003 as document | ||
number 2003R0013439, in McHenry County, Illinois, bearings and | ||
distances are based on the Illinois Coordinate System, NAD | ||
83(2011) East Zone, with a combination factor of 0.9999373735, | ||
described as follows: | ||
Beginning at the southeast corner of said Lot 8; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
South 89 degrees 36 minutes 04 seconds West along the south | ||
line of said Lot 8, a distance of 18.57 feet; thence North 0 | ||
degrees 24 minutes 03 seconds West, a distance of 194.87 feet; | ||
thence North 49 degrees 42 minutes 55 seconds West, a distance | ||
of 38.28 feet; thence South 89 degrees 36 minutes 04 seconds | ||
West, a distance of 181.35 feet to the northwesterly line of | ||
said Lot 8; thence North 44 degrees 38 minutes 16 seconds East |
along the northwesterly line of said Lot 8, a distance of 9.91 | ||
feet to the north line of Lot 8; thence North 89 degrees 36 | ||
minutes 04 seconds East along the north line of said Lot 8, a | ||
distance of 194.58 feet to the northeasterly line of Lot 8; | ||
thence South 49 degrees 42 minutes 10 seconds East along the | ||
northeasterly line of said Lot 8, a distance of 36.11 feet to | ||
the east line of Lot 8; thence South 0 degrees 23 minutes 56 | ||
seconds East along the east line of said Lot 8, a distance of | ||
203.28 feet to the point of beginning. | ||
Said parcel containing 0.131 acre, more or less. | ||
*** | ||
That part of Lot 8 in The Meadows Commercial Subdivision, | ||
being a resubdivision of part Lot 8 in The Meadows, according | ||
to the plat thereof recorded October 23, 2001 as document | ||
number 2001R0079191 and part of Lot 2 in Govnors Subdivision, | ||
according to the plat thereof recorded March 20, 2001 as | ||
document number 2001R0016624, in the Northeast Quarter of | ||
Section 30, Township 43 North, Range 8 East of the Third | ||
Principal Meridian, according to the plat of said The Meadows | ||
Commercial Subdivision recorded January 31, 2003 as document | ||
number 2003R0013439, in McHenry County, Illinois, bearings and | ||
distances are based on the Illinois Coordinate System, NAD | ||
83(2011) East Zone, with a combination factor of 0.9999373735, |
described as follows: | ||
Commencing at the southeast corner of said Lot 8; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
South 89 degrees 36 minutes 04 seconds West along the south | ||
line of said Lot 8, a distance of 18.57 feet; thence North 0 | ||
degrees 24 minutes 03 seconds West, a distance of 194.87 feet; | ||
thence North 49 degrees 42 minutes 55 seconds West, a distance | ||
of 21.46 feet to the point of beginning; thence continuing | ||
North 49 degrees 42 minutes 55 seconds West, a distance of | ||
16.82 feet; thence South 89 degrees 36 minutes 04 seconds West, | ||
a distance of 181.35 feet to the northwesterly line of said Lot | ||
8; thence South 44 degrees 38 minutes 16 seconds West along the | ||
northwesterly line of said Lot 8, a distance of 22.64 feet to | ||
the west line of Lot 8; thence South 0 degrees 23 minutes 56 | ||
seconds East along the west line of said Lot 8, a distance of | ||
7.07 feet; thence North 44 degrees 38 minutes 16 seconds East, | ||
a distance of 17.12 feet; thence North 89 degrees 35 minutes 57 | ||
seconds East, a distance of 198.02 feet to the point of | ||
beginning. | ||
Said temporary easement containing 0.050 acre, more or | ||
less. | ||
Said temporary easement to be used for grading purposes. |
*** | ||
That part of Lot 9 in The Meadows Commercial Subdivision, | ||
being a resubdivision of part Lot 8 in The Meadows, according | ||
to the plat thereof recorded October 23, 2001 as document | ||
number 2001R0079191 and part of Lot 2 in Govnors Subdivision, | ||
according to the plat thereof recorded March 20, 2001 as | ||
document number 2001R0016624, in the Northeast Quarter of | ||
Section 30, Township 43 North, Range 8 East of the Third | ||
Principal Meridian, according to the plat of said The Meadows | ||
Commercial Subdivision recorded January 31, 2003 as document | ||
number 2003R0013439, in McHenry County, Illinois, bearings and | ||
distances are based on the Illinois Coordinate System, NAD | ||
83(2011) East Zone, with a combination factor of 0.9999373735, | ||
described as follows: | ||
Beginning at the northeast corner of said Lot 9; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
South 0 degrees 23 minutes 56 seconds East along the east line | ||
of said Lot 9, a distance of 167.70 feet to the southeasterly | ||
line of Lot 9; thence South 53 degrees 36 minutes 38 seconds | ||
West along the southeasterly line of said Lot 9, a distance of | ||
10.61 feet; thence North 0 degrees 24 minutes 03 seconds West, | ||
a distance of 173.94 feet to the north line of said Lot 9; | ||
thence North 89 degrees 36 minutes 04 seconds East along the | ||
north line of said Lot 9, a distance of 8.59 feet to the point |
of beginning. | ||
Said parcel containing 0.034 acre, more or less. | ||
*** | ||
That part of Lot 9 in The Meadows Commercial Subdivision, | ||
being a resubdivision of part Lot 8 in The Meadows, according | ||
to the plat thereof recorded October 23, 2001 as document | ||
number 2001R0079191 and part of Lot 2 in Govnors Subdivision, | ||
according to the plat thereof recorded March 20, 2001 as | ||
document number 2001R0016624, in the Northeast Quarter of | ||
Section 30, Township 43 North, Range 8 East of the Third | ||
Principal Meridian, according to the plat of said The Meadows | ||
Commercial Subdivision recorded January 31, 2003 as document | ||
number 2003R0013439, in McHenry County, Illinois, bearings and | ||
distances are based on the Illinois Coordinate System, NAD | ||
83(2011) East Zone, with a combination factor of 0.9999373735, | ||
described as follows: | ||
Beginning at the southwest corner of said Lot 9; thence | ||
easterly 15.04 feet (15.06 feet, recorded) along the southerly | ||
line of said Lot 9 on a curve to the left having a radius of | ||
169.99 feet, the chord of said curve bears on an Illinois | ||
Coordinate System NAD 83(2011) East Zone bearing of South 87 | ||
degrees 51 minutes 52 seconds East, 15.03 feet to a point of |
tangency on the south line of Lot 9; thence North 89 degrees 36 | ||
minutes 04 seconds East along the south line of said Lot 9, a | ||
distance of 13.19 feet; thence North 0 degrees 00 minutes 00 | ||
seconds East, a distance of 38.80 feet; thence North 90 degrees | ||
00 minutes 00 seconds West, a distance of 28.48 feet to the | ||
west line of said Lot 9; thence South 0 degrees 23 minutes 56 | ||
seconds East along the west line of said Lot 9, a distance of | ||
38.34 feet to the point of beginning. | ||
Said temporary easement containing 0.025 acre, more or | ||
less. | ||
Said temporary easement to be used for driveway | ||
construction purposes. | ||
*** | ||
That part of Lot 9 in The Meadows Commercial Subdivision, | ||
being a resubdivision of part Lot 8 in The Meadows, according | ||
to the plat thereof recorded October 23, 2001 as document | ||
number 2001R0079191 and part of Lot 2 in Govnors Subdivision, | ||
according to the plat thereof recorded March 20, 2001 as | ||
document number 2001R0016624, in the Northeast Quarter of | ||
Section 30, Township 43 North, Range 8 East of the Third | ||
Principal Meridian, according to the plat of said The Meadows | ||
Commercial Subdivision recorded January 31, 2003 as document |
number 2003R0013439, in McHenry County, Illinois, bearings and | ||
distances are based on the Illinois Coordinate System, NAD | ||
83(2011) East Zone, with a combination factor of 0.9999373735, | ||
described as follows: | ||
Commencing at the northeast corner of said Lot 9; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
South 0 degrees 23 minutes 56 seconds East along the east line | ||
of said Lot 9, a distance of 167.70 feet to the southeasterly | ||
line of Lot 9; thence South 53 degrees 36 minutes 38 seconds | ||
West along the southeasterly line of said Lot 9, a distance of | ||
10.61 feet to the point of beginning; thence North 0 degrees 24 | ||
minutes 03 seconds West, a distance of 173.94 feet to the north | ||
line of said Lot 9; thence South 89 degrees 36 minutes 04 | ||
seconds West along the north line of said Lot 9, a distance of | ||
20.00 feet; thence South 0 degrees 24 minutes 03 seconds East, | ||
a distance of 186.36 feet to the southerly line of said Lot 9; | ||
thence North 81 degrees 26 minutes 28 seconds East along the | ||
southerly line of said Lot 9, a distance of 3.65 feet to the | ||
southeasterly line of Lot 9; thence North 53 degrees 36 minutes | ||
38 seconds East along the southeasterly line of said Lot 9, a | ||
distance of 20.26 feet to the point of beginning. | ||
Said temporary easement containing 0.083 acre, more or | ||
less. |
Said temporary easement to be used for grading purposes. | ||
*** | ||
That part of Lot 3 in Acorn Lane Commercial Center Unit 3, | ||
being a subdivision of part of the West Half of the Northwest | ||
Quarter of Section 29 and the Southwest Quarter of the | ||
Southwest Quarter of Section 20, Township 43 North, Range 8 | ||
East of the Third Principal Meridian, according to the plat | ||
thereof recorded March 21, 1997 as document number 97R012763, | ||
in McHenry County, Illinois, bearings and distances are based | ||
on the Illinois Coordinate System, NAD 83(2011) East Zone, with | ||
a combination factor of 0.9999373735, described as follows: | ||
Beginning at the southwest corner of said Lot 3; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
North 0 degrees 13 minutes 26 seconds West along the west line | ||
of said Lot 3, a distance of 10.50 feet; thence North 89 | ||
degrees 35 minutes 57 seconds East, a distance of 181.96 feet | ||
to the east line of said Lot 3; thence South 0 degrees 08 | ||
minutes 34 seconds East along the east line of said Lot 3, a | ||
distance of 12.98 feet to the southeast corner of Lot 3; thence | ||
North 89 degrees 37 minutes 15 seconds West along the south | ||
line of said Lot 3, a distance of 181.95 feet to the point of | ||
beginning. |
Said parcel containing 0.049 acre, more or less. | ||
*** | ||
That part of Lot 3 in Acorn Lane Commercial Center Unit 3, | ||
being a subdivision of part of the West Half of the Northwest | ||
Quarter of Section 29 and the Southwest Quarter of the | ||
Southwest Quarter of Section 20, Township 43 North, Range 8 | ||
East of the Third Principal Meridian, according to the plat | ||
thereof recorded March 21, 1997 as document number 97R012763, | ||
in McHenry County, Illinois, bearings and distances are based | ||
on the Illinois Coordinate System, NAD 83(2011) East Zone, with | ||
a combination factor of 0.9999373735, described as follows: | ||
Commencing at the southwest corner of said Lot 3; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
North 0 degrees 13 minutes 26 seconds West along the west line | ||
of said Lot 3, a distance of 10.50 feet to the point of | ||
beginning; thence North 89 degrees 35 minutes 57 seconds East, | ||
a distance of 85.99 feet; thence North 0 degrees 24 minutes 03 | ||
seconds West, a distance of 10.00 feet; thence South 89 degrees | ||
35 minutes 57 seconds West, a distance of 85.96 feet to the | ||
west line of said Lot 3; thence South 0 degrees 13 minutes 26 | ||
seconds East along the west line of said Lot 3, a distance of | ||
10.00 feet to the point of beginning. |
Said temporary easement containing 0.020 acre, more or | ||
less. | ||
Said temporary easement to be used for grading and driveway | ||
construction purposes. | ||
*** | ||
That part of Lot 10 in The Meadows Commercial Subdivision, | ||
being a resubdivision of part Lot 8 in The Meadows, according | ||
to the plat thereof recorded October 23, 2001 as document | ||
number 2001R0079191 and part of Lot 2 in Govnors Subdivision, | ||
according to the plat thereof recorded March 20, 2001 as | ||
document number 2001R0016624, in the Northeast Quarter of | ||
Section 30, Township 43 North, Range 8 East of the Third | ||
Principal Meridian, according to the plat of said The Meadows | ||
Commercial Subdivision recorded January 31, 2003 as document | ||
number 2003R0013439, in McHenry County, Illinois, bearings and | ||
distances are based on the Illinois Coordinate System, NAD | ||
83(2011) East Zone, with a combination factor of 0.9999373735, | ||
described as follows: | ||
Beginning at the southeast corner of said Lot 10; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
South 89 degrees 36 minutes 04 seconds West along the south | ||
line of said Lot 10, a distance of 8.59 feet; thence North 0 |
degrees 24 minutes 03 seconds West, a distance of 175.93 feet | ||
to the north line of said Lot 10; thence North 89 degrees 27 | ||
minutes 07 seconds East along the north line of said Lot 10, a | ||
distance of 8.60 feet to the northeast corner of Lot 10; thence | ||
South 0 degrees 23 minutes 56 seconds East along the east line | ||
of said Lot 10, a distance of 175.95 feet to the point of | ||
beginning. | ||
Said parcel containing 0.035 acre, more or less. | ||
*** | ||
That part of Lot 10 in The Meadows Commercial Subdivision, | ||
being a resubdivision of part Lot 8 in The Meadows, according | ||
to the plat thereof recorded October 23, 2001 as document | ||
number 2001R0079191 and part of Lot 2 in Govnors Subdivision, | ||
according to the plat thereof recorded March 20, 2001 as | ||
document number 2001R0016624, in the Northeast Quarter of | ||
Section 30, Township 43 North, Range 8 East of the Third | ||
Principal Meridian, according to the plat of said The Meadows | ||
Commercial Subdivision recorded January 31, 2003 as document | ||
number 2003R0013439, in McHenry County, Illinois, bearings and | ||
distances are based on the Illinois Coordinate System, NAD | ||
83(2011) East Zone, with a combination factor of 0.9999373735, | ||
described as follows: |
Commencing at the southeast corner of said Lot 10; thence | ||
on an Illinois Coordinate System NAD 83(2011) East Zone bearing | ||
of South 89 degrees 36 minutes 04 seconds West along the south | ||
line of said Lot 10, a distance of 8.59 feet to the point of | ||
beginning; thence North 0 degrees 24 minutes 03 seconds West, a | ||
distance of 175.93 feet to the north line of said Lot 10; | ||
thence South 89 degrees 27 minutes 07 seconds West along the | ||
north line of said Lot 10, a distance of 20.00 feet; thence | ||
South 0 degrees 24 minutes 03 seconds East, a distance of | ||
175.88 feet to the south line of said Lot 10; thence North 89 | ||
degrees 36 minutes 04 seconds East along the south line of said | ||
Lot 10, a distance of 20.00 feet to the point of beginning. | ||
Said temporary easement containing 0.081 acre, more or | ||
less. | ||
Said temporary easement to be used for grading purposes. | ||
*** | ||
That part of Lot 25 in Northstar Phase 1, being a | ||
subdivision of part of the Southeast Quarter of Section 19 and | ||
the Northeast Quarter of Section 30, Township 43 North, Range 8 | ||
East of the Third Principal Meridian, according to the plat | ||
thereof recorded July 27, 1994 as document number 94R044959, in | ||
McHenry County, Illinois, bearings and distances are based on |
the Illinois Coordinate System, NAD 83(2011) East Zone, with a | ||
combination factor of 0.9999373735, described as follows: | ||
Beginning at the southeast corner of said Lot 25; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
South 89 degrees 27 minutes 07 seconds West along the south | ||
line of said Lot 25, a distance of 18.60 feet; thence North 0 | ||
degrees 24 minutes 03 seconds West, a distance of 120.63 feet | ||
to the north line of said Lot 25; thence North 89 degrees 27 | ||
minutes 07 seconds East along the north line of said Lot 25, a | ||
distance of 18.40 feet to the northeast corner of Lot 25; | ||
thence South 0 degrees 29 minutes 48 seconds East along the | ||
east line of said Lot 25, a distance of 120.63 feet to the | ||
point of beginning. | ||
Said parcel containing 0.051 acre, more or less. | ||
*** | ||
That part of Lot 25 in Northstar Phase 1, being a | ||
subdivision of part of the Southeast Quarter of Section 19 and | ||
the Northeast Quarter of Section 30, Township 43 North, Range 8 | ||
East of the Third Principal Meridian, according to the plat | ||
thereof recorded July 27, 1994 as document number 94R044959, in | ||
McHenry County, Illinois, bearings and distances are based on | ||
the Illinois Coordinate System, NAD 83(2011) East Zone, with a |
combination factor of 0.9999373735, described as follows: | ||
Commencing at the southeast corner of said Lot 25; thence | ||
on an Illinois Coordinate System NAD 83(2011) East Zone bearing | ||
of South 89 degrees 27 minutes 07 seconds West along the south | ||
line of said Lot 25, a distance of 18.60 feet to the point of | ||
beginning; thence North 0 degrees 24 minutes 03 seconds West, a | ||
distance of 120.63 feet to the north line of said Lot 25; | ||
thence South 89 degrees 27 minutes 07 seconds West along the | ||
north line of said Lot 25, a distance of 1.45 feet to the | ||
northwesterly line of Lot 25; thence southwesterly 48.64 feet | ||
along the northwesterly line of said Lot 25 on a curve to the | ||
right having a radius of 60.00 feet, the chord of said curve | ||
bears South 22 degrees 40 minutes 38 seconds West, 47.32 feet; | ||
thence South 0 degrees 24 minutes 03 seconds East, a distance | ||
of 77.15 feet to the south line of said Lot 25; thence North 89 | ||
degrees 27 minutes 07 seconds East, along the south line of | ||
said Lot 25, a distance of 20.00 feet to the point of | ||
beginning. | ||
Said temporary easement containing 0.043 acre, more or | ||
less. | ||
Said temporary easement to be used for grading purposes. | ||
*** |
That part of Lot 1 in Winding Creek Center, being a | ||
subdivision of part of the Southeast Quarter of Section 30, | ||
Township 43 North, Range 8 East of the Third Principal | ||
Meridian, according to the plat thereof recorded December 6, | ||
2004 as document number 2004R0107449, in McHenry County, | ||
Illinois, bearings and distances are based on the Illinois | ||
Coordinate System, NAD83(2011) East Zone, with a combination | ||
factor of 0.9999373735, described as follows: | ||
Beginning at the northeast corner of said Lot 1; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
South 0 degrees 06 minutes 24 seconds East along the east line | ||
of said Lot 1, a distance of 24.90 feet; thence South 89 | ||
degrees 56 minutes 44 seconds West, a distance of 73.44 feet; | ||
thence North 0 degrees 01 minute 01 second East, a distance of | ||
24.98 feet to the north line of said Lot 1; thence South 89 | ||
degrees 59 minutes 08 seconds East along the north line of said | ||
Lot 1, a distance of 73.38 feet to the point of beginning. | ||
Said temporary easement containing 0.042 acre, more or | ||
less. | ||
Said temporary easement to be used for grading and | ||
construction purposes. |
*** | ||
That part of Lot 1 in Re-Subdivision of Outlot A, Acorn | ||
Lane Commercial Center Unit 3, being a subdivision of part of | ||
the West Half of the Northwest Quarter of Section 29 and the | ||
Southwest Quarter of the Southwest Quarter of Section 20, | ||
Township 43 North, Range 8 East of the Third Principal | ||
Meridian, according to the plat thereof recorded January 31, | ||
2007 as document number 2007R007482, in McHenry County, | ||
Illinois, bearings and distances are based on the Illinois | ||
Coordinate System, NAD 83(2011) East Zone, with a combination | ||
factor of 0.9999373735, described as follows: | ||
Beginning at the most westerly southwest corner of said Lot | ||
1; thence on an Illinois Coordinate System NAD 83(2011) East | ||
Zone bearing of North 0 degrees 24 minutes 36 seconds West | ||
along the west line of said Lot 1, a distance of 289.95 feet; | ||
thence North 89 degrees 28 minutes 33 seconds East, a distance | ||
of 310.00 feet; thence North 0 degrees 24 minutes 36 seconds | ||
West, a distance of 60.47 feet; thence North 89 degrees 28 | ||
minutes 33 seconds East, a distance of 165.45 feet to the | ||
easterly line of said Lot 1; thence along the easterly line of | ||
said Lot 1 the next 19 courses, South 35 degrees 39 minutes 50 | ||
seconds West, a distance of 31.19 feet; thence South 60 degrees | ||
44 minutes 41 seconds West, a distance of 32.20 feet; thence | ||
South 45 degrees 25 minutes 01 second West, a distance of 21.19 |
feet; thence South 23 degrees 30 minutes 06 seconds West, a | ||
distance of 27.80 feet; thence South 6 degrees 47 minutes 17 | ||
seconds West, a distance of 30.19 feet; thence South 10 degrees | ||
43 minutes 36 seconds West, a distance of 35.95 feet; thence | ||
South 21 degrees 27 minutes 52 seconds West, a distance of | ||
41.40 feet; thence South 19 degrees 59 minutes 44 seconds West, | ||
a distance of 41.41 feet; thence South 16 degrees 10 minutes 56 | ||
seconds West, a distance of 54.07 feet; thence South 10 degrees | ||
50 minutes 54 seconds West, a distance of 35.58 feet; thence | ||
South 23 degrees 47 minutes 21 seconds East, a distance of | ||
29.22 feet; thence South 15 degrees 55 minutes 24 seconds West, | ||
a distance of 9.86 feet; thence South 35 degrees 43 minutes 39 | ||
seconds West, a distance of 44.87 feet; thence South 42 degrees | ||
01 minute 14 seconds West, a distance of 45.34 feet; thence | ||
South 21 degrees 37 minutes 25 seconds West, a distance of | ||
13.18 feet; thence South 21 degrees 51 minutes 34 seconds East, | ||
a distance of 15.04 feet; thence South 39 degrees 49 minutes 41 | ||
seconds East, a distance of 27.58 feet; thence South 5 degrees | ||
34 minutes 09 seconds West, a distance of 5.75 feet; thence | ||
South 15 degrees 26 minutes 48 seconds West, a distance of | ||
37.61 feet (37.60 feet, recorded) to the southeast corner of | ||
said Lot 1; thence North 89 degrees 37 minutes 15 seconds West | ||
along the most southerly line of said Lot 1, a distance of | ||
50.98 feet to a west line of Lot 1; thence North 0 degrees 13 | ||
minutes 26 seconds West along a west line of said Lot 1, a | ||
distance of 149.98 feet to a south line of Lot 1; thence North |
89 degrees 37 minutes 15 seconds West along a south line of | ||
said Lot 1, a distance of 247.95 feet to the point of | ||
beginning. | ||
Said parcel containing 2.881 acres, more or less. | ||
*** | ||
That part of Lot 1 in Oakridge Harnish Resubdivision, being | ||
a resubdivision of Lot 2 in Rosen Rosen Rosen Subdivision of | ||
part of the Northwest Quarter of Section 32, Township 43 North, | ||
Range 8 East of the Third Principal Meridian, according to the | ||
plat of said Oakridge Harnish Resubdivision recorded October | ||
20, 2005 as document number 2005R0089188, in McHenry County, | ||
Illinois, bearings and distances are based on the Illinois | ||
Coordinate System, NAD 83(2011) East Zone, with a combination | ||
factor of 0.9999373735, described as follows: | ||
Beginning at the northwest corner of said Lot 1; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
South 87 degrees 20 minutes 06 seconds East along the north | ||
line of said Lot 1, a distance of 15.76 feet; thence South 2 | ||
degrees 17 minutes 50 seconds West, a distance of 191.30 feet | ||
to the south line of said Lot 1; thence North 87 degrees 20 | ||
minutes 06 seconds West along the south line of said Lot 1, a | ||
distance of 16.99 feet to the southwest corner of Lot 1; thence |
North 2 degrees 40 minutes 02 seconds East along the west line | ||
of said Lot 1, a distance of 191.29 feet (191.32 feet, | ||
recorded) to the point of beginning. | ||
Said temporary easement containing 0.072 acre, more or | ||
less. | ||
Said temporary easement to be used for grading purposes. | ||
*** | ||
That part of Lot 7, except the West 10.0 feet thereof | ||
conveyed to McHenry County, Illinois, by quit claim deed | ||
recorded July 30, 2008 as document number 2008R0041806, in | ||
Rosen Rosen Rosen Subdivision, being a subdivision of part of | ||
the Northwest Quarter of Section 32, Township 43 North, Range 8 | ||
East of the Third Principal Meridian, according to the plat | ||
thereof recorded July 26, 2001 as document number 2001R0052702, | ||
in McHenry County, Illinois, bearings and distances are based | ||
on the Illinois Coordinate System, NAD83(2011) East Zone, with | ||
a combination factor of 0.9999373735, described as follows: | ||
Commencing at the northwest corner of said Lot 7; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
North 64 degrees 39 minutes 47 seconds East along a northerly | ||
line of said Lot 7, a distance of 11.33 feet to the east right |
of way line of Randall Road recorded July 30, 2008 as document | ||
number 2008R0041806 and the point of beginning; thence | ||
continuing North 64 degrees 39 minutes 47 seconds East along a | ||
northerly line of said Lot 7, a distance of 4.03 feet; thence | ||
South 2 degrees 47 minutes 42 seconds West, a distance of 43.98 | ||
feet to a southerly line of said Lot 7; thence South 81 degrees | ||
39 minutes 50 seconds West along a southerly line of said Lot | ||
7, a distance of 3.52 feet to the said east right of way line of | ||
Randall Road; thence North 2 degrees 40 minutes 02 seconds East | ||
along the said east right of way line of Randall Road, a | ||
distance of 42.76 feet to the point of beginning. | ||
Said parcel containing 0.003 acre, more or less, or 152 | ||
square feet, more or less. | ||
*** | ||
That part of Lot 7, except the West 10.0 feet thereof | ||
conveyed to McHenry County, Illinois, by quit claim deed | ||
recorded July 30, 2008 as document number 2008R0041806, in | ||
Rosen Rosen Rosen Subdivision, being a subdivision of part of | ||
the Northwest Quarter of Section 32, Township 43 North, Range 8 | ||
East of the Third Principal Meridian, according to the plat | ||
thereof recorded July 26, 2001 as document number 2001R0052702, | ||
in McHenry County, Illinois, bearings and distances are based | ||
on the Illinois Coordinate System, NAD83(2011) East Zone, with |
a combination factor of 0.9999373735, described as follows: | ||
Commencing at the northwest corner of said Lot 7; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
North 64 degrees 39 minutes 47 seconds East along a northerly | ||
line of said Lot 7, a distance of 11.33 feet to the east right | ||
of way line of Randall Road recorded July 30, 2008 as document | ||
number 2008R0041806; thence continuing North 64 degrees 39 | ||
minutes 47 seconds East along a northerly line of said Lot 7, a | ||
distance of 4.03 feet to the point of beginning; thence South 2 | ||
degrees 47 minutes 42 seconds West, a distance of 43.98 feet to | ||
a southerly line of said Lot 7; thence North 81 degrees 39 | ||
minutes 50 seconds East along a southerly line of said Lot 7, a | ||
distance of 8.15 feet; thence North 2 degrees 47 minutes 42 | ||
seconds East, a distance of 46.68 feet to a northerly line of | ||
said Lot 7; thence South 64 degrees 39 minutes 47 seconds West | ||
along a northerly line of said Lot 7, a distance of 9.07 feet | ||
to the point of beginning. | ||
Said temporary easement containing 0.008 acre, more or | ||
less, or 363 square feet, more or less. | ||
Said temporary easement to be used for grading purposes. | ||
*** |
That part of Lot 1, except that part conveyed to McHenry | ||
County, Illinois, by quit claim deed recorded July 30, 2008 as | ||
document number 2008R0041808, in Rubloff Oakridge Second | ||
Resubdivision, being a resubdivision of Lot 4 in Rubloff | ||
Oakridge Resubdivision in the Northeast Quarter of Section 31, | ||
Township 43 North, Range 8 East of the Third Principal | ||
Meridian, according to the plat of said Rubloff Oakridge Second | ||
Resubdivision recorded November 1, 2002 as document number | ||
2002R0100966, in McHenry County, Illinois, bearings and | ||
distances are based on the Illinois Coordinate System, NAD | ||
83(2011) East Zone, with a combination factor of 0.9999373735, | ||
described as follows: | ||
Beginning at the southwest corner of said Lot 1; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
North 40 degrees 57 minutes 32 seconds East, a distance of | ||
23.34 feet; thence North 2 degrees 09 minutes 13 seconds East, | ||
a distance of 7.31 feet to the north line of said Lot 1; thence | ||
South 89 degrees 47 minutes 46 seconds East along the north | ||
line of said Lot 1, a distance of 5.06 feet to the west right of | ||
way line of Randall Road recorded July 30, 2008 as document | ||
number 2008R0041810; thence South 1 degree 27 minutes 52 | ||
seconds West along the said west right of way line of Randall | ||
Road, a distance of 7.32 feet to a point of curvature on said | ||
west right of way line; thence southwesterly 19.87 feet (19.88 | ||
feet, recorded) along the westerly right of way line of said |
Randall Road on a curve to the right having a radius of 25.00 | ||
feet, the chord of said curve bears South 24 degrees 14 minutes | ||
10 seconds West, 19.35 feet to the south line of said Lot 1; | ||
thence North 89 degrees 47 minutes 46 seconds West along the | ||
south line of said Lot 1, a distance of 12.50 feet to the point | ||
of beginning. | ||
Said parcel containing 0.005 acre, more or less, or 219 | ||
square feet, more or less. | ||
*** | ||
That part of Lot 1 in Rosen Rosen Rosen Subdivision, being | ||
a subdivision of part of the Northwest Quarter of Section 32, | ||
Township 43 North, Range 8 East of the Third Principal | ||
Meridian, according to the plat thereof recorded July 26, 2001 | ||
as document number 2001R0052702, in McHenry County, Illinois, | ||
bearings and distances are based on the Illinois Coordinate | ||
System, NAD 83(2011) East Zone, with a combination factor of | ||
0.9999373735, described as follows: | ||
Commencing at the northwest corner of said Lot 1; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
South 1 degree 27 minutes 52 seconds West along the west line | ||
of said Lot 1, a distance of 159.55 feet to the point of | ||
beginning; thence South 43 degrees 09 minutes 55 seconds East, |
a distance of 70.65 feet; thence South 0 degrees 44 minutes 15 | ||
seconds West, a distance of 9.66 feet to the north right of way | ||
line of Harnish Drive recorded July 30, 2008 as document number | ||
2008R0041817; thence North 89 degrees 20 minutes 21 seconds | ||
West along the said north right of way line of Harnish Drive, a | ||
distance of 14.88 feet to the northeasterly right of way line | ||
of Harnish Drive recorded July 30, 2008 as document number | ||
2008R0041807; thence North 43 degrees 41 minutes 30 seconds | ||
West along the said northeasterly right of way line of Harnish | ||
Drive, a distance of 49.19 feet to the west line of said Lot 1; | ||
thence North 1 degree 27 minutes 52 seconds East along the west | ||
line of said Lot 1, a distance of 25.46 feet to the point of | ||
beginning. | ||
Said parcel containing 0.026 acre, more or less. | ||
*** | ||
That part of Lot 1 in Rosen Rosen Rosen Subdivision, being | ||
a subdivision of part of the Northwest Quarter of Section 32, | ||
Township 43 North, Range 8 East of the Third Principal | ||
Meridian, according to the plat thereof recorded July 26, 2001 | ||
as document number 2001R0052702, in McHenry County, Illinois, | ||
bearings and distances are based on the Illinois Coordinate | ||
System, NAD 83(2011) East Zone, with a combination factor of | ||
0.9999373735, described as follows: |
Beginning at the northwest corner of said Lot 1; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
South 1 degree 27 minutes 52 seconds West along the west line | ||
of said Lot 1, a distance of 159.55 feet; thence South 43 | ||
degrees 09 minutes 55 seconds East, a distance of 70.65 feet; | ||
thence South 0 degrees 44 minutes 15 seconds West, a distance | ||
of 9.66 feet to the north right of way line of Harnish Drive | ||
recorded July 30, 2008 as document number 2008R0041817; thence | ||
South 89 degrees 20 minutes 21 seconds East along the said | ||
north right of way line of Harnish Drive, a distance of 4.13 | ||
feet; thence North 0 degrees 44 minutes 15 seconds East, a | ||
distance of 15.29 feet; thence North 43 degrees 41 minutes 30 | ||
seconds West, a distance of 68.41 feet; thence northerly 115.11 | ||
feet along a curve to the right having a radius of 24915.00 | ||
feet, the chord of said curve bears North 1 degree 49 minutes | ||
12 seconds East, 115.11 feet; thence South 87 degrees 35 | ||
minutes 16 seconds East, a distance of 10.00 feet; thence North | ||
2 degrees 17 minutes 50 seconds East, a distance of 40.96 feet | ||
to the north line of said Lot 1; thence North 88 degrees 32 | ||
minutes 23 seconds West along the north line of said Lot 1, a | ||
distance of 16.50 feet to the point of beginning. | ||
Said temporary easement containing 0.042 acre, more or | ||
less. |
Said temporary easement to be used for construction | ||
purposes. | ||
*** | ||
That part of Lot 2 in Oakridge Harnish Resubdivision, being | ||
a resubdivision of Lot 2 in Rosen Rosen Rosen Subdivision of | ||
part of the Northwest Quarter of Section 32, Township 43 North, | ||
Range 8 East of the Third Principal Meridian, according to the | ||
plat of said Oakridge Harnish Resubdivision recorded October | ||
20, 2005 as document number 2005R0089188, in McHenry County, | ||
Illinois, bearings and distances are based on the Illinois | ||
Coordinate System, NAD 83(2011) East Zone, with a combination | ||
factor of 0.9999373735, described as follows: | ||
Beginning at the northwest corner of said Lot 2; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
South 2 degrees 40 minutes 02 seconds West along the west line | ||
of said Lot 2, a distance of 45.92 feet (45.49 feet, recorded) | ||
to an angle point on the west line of Lot 2; thence South 1 | ||
degree 27 minutes 52 seconds West along the west line of said | ||
Lot 2, a distance of 54.11 feet (54.52 feet, recorded) to the | ||
southwest corner of Lot 2; thence South 88 degrees 32 minutes | ||
23 seconds East along the south line of said Lot 2, a distance | ||
of 16.50 feet; thence North 2 degrees 17 minutes 50 seconds | ||
East, a distance of 99.67 feet to the north line of said Lot 2; |
thence North 87 degrees 20 minutes 06 seconds West along the | ||
north line of said Lot 2, a distance of 16.99 feet to the point | ||
of beginning. | ||
Said temporary easement containing 0.039 acre, more or | ||
less. | ||
Said temporary easement to be used for grading purposes. | ||
*** | ||
That part of Lot 11 in Kaper's Business Center Unit 1, | ||
being a subdivision of part of the West Half of the Southwest | ||
Quarter of Section 29, Township 43 North, Range 8 East of the | ||
Third Principal Meridian, according to the plat thereof | ||
recorded June 4, 1997 as document number 97R025826, in McHenry | ||
County, Illinois, bearings and distances are based on the | ||
Illinois Coordinate System, NAD 83(2011) East Zone, with a | ||
combination factor of 0.9999373735, described as follows: | ||
Beginning at the northwest corner of said Lot 11; thence on | ||
an Illinois Coordinate System NAD 83(2011) East Zone bearing of | ||
South 0 degrees 04 minutes 06 seconds East along the west line | ||
of said Lot 11, a distance of 118.49 feet to the southwest | ||
corner of the grantor according to special warranty deed | ||
recorded December 28, 2015 as document number 2015R0047895; |
thence South 89 degrees 47 minutes 46 seconds East along the | ||
south line of the grantor according to said special warranty | ||
deed, a distance of 33.20 feet; thence North 0 degrees 01 | ||
minute 47 seconds East, a distance of 118.49 feet to the north | ||
line of said Lot 11; thence North 89 degrees 47 minutes 46 | ||
seconds West along the north line of said Lot 11, a distance of | ||
33.28 feet to the point of beginning. | ||
Said parcel containing 0.091 acre, more or less. | ||
*** | ||
That part of Lot 11 in Kaper's Business Center Unit 1, | ||
being a subdivision of part of the West Half of the Southwest | ||
Quarter of Section 29, Township 43 North, Range 8 East of the | ||
Third Principal Meridian, according to the plat thereof | ||
recorded June 4, 1997 as document number 97R025826, in McHenry | ||
County, Illinois, bearings and distances are based on the | ||
Illinois Coordinate System, NAD 83(2011) East Zone, with a | ||
combination factor of 0.9999373735, described as follows: | ||
Commencing at the northwest corner of said Lot 11; thence | ||
on an Illinois Coordinate System NAD 83(2011) East Zone bearing | ||
of South 0 degrees 04 minutes 06 seconds East along the west | ||
line of said Lot 11, a distance of 118.49 feet to the southwest | ||
corner of the grantor according to special warranty deed |
recorded December 28, 2015 as document number 2015R0047895; | ||
thence South 89 degrees 47 minutes 46 seconds East along the | ||
south line of the grantor according to said special warranty | ||
deed, a distance of 33.20 feet to the point of beginning; | ||
thence North 0 degrees 01 minute 47 seconds West, a distance of | ||
118.49 feet to the north line of said Lot 11; thence South 89 | ||
degrees 47 minutes 46 seconds East along the north line of said | ||
Lot 11, a distance of 10.00 feet; thence South 0 degrees 01 | ||
minute 47 seconds East, a distance of 118.49 feet to the south | ||
line of the grantor according to said special warranty deed; | ||
thence North 89 degrees 47 minutes 46 seconds West along the | ||
south line of the grantor according to said special warranty | ||
deed, a distance of 10.00 feet to the point of beginning. | ||
Said temporary easement containing 0.027 acre, more or | ||
less. | ||
Said temporary easement to be used for grading purposes.
| ||
(Source: P.A. 100-446, eff. 8-25-17; revised 11-6-17.) | ||
Section 600. The Illinois Antitrust Act is amended by | ||
changing Section 5 as follows:
| ||
(740 ILCS 10/5) (from Ch. 38, par. 60-5)
| ||
Sec. 5.
No provisions of this Act shall be construed to | ||
make illegal:
|
(1) the activities of any labor organization or of | ||
individual
members thereof which are directed solely to | ||
labor objectives which are
legitimate under the laws of | ||
either the State of Illinois or the United
States;
| ||
(2) the activities of any agricultural or | ||
horticultural cooperative
organization, whether | ||
incorporated or unincorporated, or of individual
members | ||
thereof, which are directed solely to objectives of such
| ||
cooperative organizations which are legitimate under the | ||
laws of either
the State of Illinois or the United States;
| ||
(3) the activities of any public utility, as defined in | ||
Section 3-105
of the Public Utilities Act to the extent | ||
that such activities are
subject to a clearly articulated | ||
and affirmatively expressed State policy to
replace | ||
competition with regulation, where the conduct to be | ||
exempted is
actively supervised by the State itself;
| ||
(4) the The activities of a telecommunications | ||
carrier, as defined in Section
13-202 of the Public | ||
Utilities Act, to the extent those activities relate to
the | ||
provision of noncompetitive telecommunications services | ||
under the Public
Utilities Act and are subject to the | ||
jurisdiction of the Illinois Commerce
Commission or to the | ||
activities of telephone mutual concerns referred to in
| ||
Section 13-202 of the Public Utilities Act to the extent | ||
those activities
relate to the provision and maintenance of | ||
telephone service to owners and
customers;
|
(5) the activities (including, but not limited to, the | ||
making of
or
participating in joint underwriting or joint | ||
reinsurance arrangement) of
any insurer, insurance agent, | ||
insurance broker, independent insurance
adjuster or rating | ||
organization to the extent that such activities are
subject | ||
to regulation by the Director of Insurance of this State | ||
under,
or are permitted or are authorized by, the Illinois | ||
Insurance Code or any other
law of this State;
| ||
(6) the religious and charitable activities of any
| ||
not-for-profit
corporation, trust or organization | ||
established exclusively for religious
or charitable | ||
purposes, or for both purposes;
| ||
(7) the activities of any not-for-profit corporation | ||
organized
to
provide telephone service on a mutual or | ||
co-operative basis or
electrification on a co-operative | ||
basis, to the extent such activities
relate to the | ||
marketing and distribution of telephone or electrical
| ||
service to owners and customers;
| ||
(8) the activities engaged in by securities dealers who | ||
are (i)
licensed by the State of Illinois or (ii) members | ||
of the National
Association of Securities Dealers or (iii) | ||
members of any National
Securities Exchange registered | ||
with the Securities and Exchange
Commission under the | ||
Securities Exchange Act of 1934, as amended, in the
course | ||
of their business of offering, selling, buying and selling, | ||
or
otherwise trading in or underwriting securities, as |
agent, broker, or
principal, and activities of any National | ||
Securities Exchange so
registered, including the | ||
establishment of commission rates and
schedules of | ||
charges;
| ||
(9) the activities of any board of trade designated as | ||
a
"contract
market" by the Secretary of Agriculture of the | ||
United States pursuant to
Section 5 of the Commodity | ||
Exchange Act, as amended;
| ||
(10) the activities of any motor carrier, rail carrier, | ||
or
common
carrier by pipeline, as defined in the Common | ||
Carrier by Pipeline
Law of the Public Utilities Act, to the | ||
extent that such activities are permitted or authorized
by | ||
the Act or are subject to regulation by the Illinois | ||
Commerce
Commission;
| ||
(11) the activities of any state or national bank to | ||
the extent
that
such activities are regulated or supervised | ||
by officers of the state or
federal government under the | ||
banking laws of this State or the United
States;
| ||
(12) the activities of any state or federal savings and | ||
loan
association to the extent that such activities are | ||
regulated or
supervised by officers of the state or federal | ||
government under the
savings and loan laws of this State or | ||
the United States;
| ||
(13) the activities of any bona fide not-for-profit
| ||
association,
society or board, of attorneys, practitioners | ||
of medicine, architects,
engineers, land surveyors or real |
estate brokers licensed and regulated
by an agency of the | ||
State of Illinois, in recommending schedules of
suggested | ||
fees, rates or commissions for use solely as guidelines in
| ||
determining charges for professional and technical | ||
services;
| ||
(14) conduct Conduct involving trade or commerce | ||
(other than import
trade or
import commerce) with foreign | ||
nations unless:
| ||
(a) such conduct has a direct, substantial, and | ||
reasonably foreseeable
effect:
| ||
(i) on trade or commerce which is not trade or | ||
commerce with foreign
nations, or on import trade | ||
or import commerce with foreign nations; or
| ||
(ii) on export trade or export commerce with | ||
foreign nations of a person
engaged in such trade | ||
or commerce in the United States; and
| ||
(b) such effect gives rise to a claim under the | ||
provisions of this Act,
other than this subsection | ||
(14).
| ||
(c) If this Act applies to conduct referred to in this | ||
subsection (14)
only because of the provisions of paragraph | ||
(a)(ii), then this Act shall
apply to such conduct only for | ||
injury to export business in the United States
which | ||
affects this State; or
| ||
(15) the activities of a unit of local government or | ||
school
district
and the activities of the employees, agents |
and officers of a unit of local
government or school | ||
district.
| ||
(Source: P.A. 90-185, eff. 7-23-97; 90-561, eff. 12-16-97; | ||
revised 10-6-17.)
| ||
Section 605. The Premises Liability Act is amended by | ||
changing Section 4 as follows:
| ||
(740 ILCS 130/4) (from Ch. 80, par. 304)
| ||
Sec. 4.
Notwithstanding this Act, the liability of any | ||
owner or occupier
of a premises to anyone who enters or uses | ||
those premises for a
recreational purpose, as defined by the | ||
Recreational Use of Land and Water Areas Act "An Act to limit | ||
the liability of
landowners who make their land and water area | ||
available to the public for
recreational purposes", approved | ||
August 2, 1965, as now or hereafter
amended , is governed by | ||
that Act.
| ||
(Source: P.A. 83-1398; revised 10-6-17.)
| ||
Section 610. The Illinois Marriage and Dissolution of | ||
Marriage Act is amended by changing Section 505 as follows:
| ||
(750 ILCS 5/505) (from Ch. 40, par. 505)
| ||
Sec. 505. Child support; contempt; penalties.
| ||
(a) In a proceeding for dissolution of marriage, legal | ||
separation,
declaration of invalidity of marriage, dissolution |
of a civil union, a proceeding for child support
following | ||
dissolution of the marriage or civil union by a court that | ||
lacked personal
jurisdiction over the absent spouse, a | ||
proceeding for modification of a
previous order for child | ||
support under Section 510 of this Act, or any
proceeding | ||
authorized under Section 501 or 601 of this Act, the court may
| ||
order either or both parents owing a duty of support to a child | ||
of the
marriage or civil union to pay an amount reasonable and | ||
necessary for support. The duty of support owed to a child
| ||
includes the obligation to provide for the reasonable and | ||
necessary physical, mental and emotional health needs of the | ||
child.
For purposes of this Section, the term "child" shall | ||
include any child under
age 18 and
any child age 19 or younger | ||
who is still attending high school. For purposes of this | ||
Section, the term "obligor" means the parent obligated to pay | ||
support to the other parent.
| ||
(1) Child support guidelines. The Illinois Department | ||
of Healthcare and Family Services shall adopt rules | ||
establishing child support guidelines which include | ||
worksheets to aid in the calculation of the child support | ||
obligations and a schedule of basic child support | ||
obligations that reflects the percentage of combined net | ||
income that parents living in the same household in this | ||
State ordinarily spend on their child. The child support | ||
guidelines have the following purposes: | ||
(A) to establish as State policy an adequate |
standard of support for a child, subject to the ability | ||
of parents to pay; | ||
(B) to make child support obligations more | ||
equitable by ensuring more consistent treatment of | ||
parents in similar circumstances; | ||
(C) to improve the efficiency of the court process | ||
by promoting settlements and giving courts and the | ||
parties guidance in establishing levels of child | ||
support; | ||
(D) to calculate child support based upon the | ||
parents' combined net income estimated to have been | ||
allocated for the support of the child if the parents | ||
and child were living in an intact household; | ||
(E) to adjust child support based upon the needs of | ||
the child;
and | ||
(F) to allocate the amount of child support to be | ||
paid by each parent based upon a parent's net income | ||
and the child's physical care arrangements. | ||
(1.5) Computation of basic child support obligation. | ||
The court shall compute the basic child support obligation | ||
by taking the following steps: | ||
(A) determine each parent's monthly net income; | ||
(B) add the parents' monthly net incomes together | ||
to determine the combined monthly net income of the | ||
parents; | ||
(C) select the corresponding appropriate amount |
from the schedule of basic child support obligations | ||
based on the parties' combined monthly net income and | ||
number of children of the parties; and | ||
(D) calculate each parent's percentage share of | ||
the basic child support obligation. | ||
Although a monetary obligation is computed for each | ||
parent as child support, the receiving parent's share is | ||
not payable to the other parent and is presumed to be spent | ||
directly on the child. | ||
(2) Duty of support. The court shall determine child | ||
support in each case by applying the child support | ||
guidelines unless the court makes a finding that | ||
application of the guidelines would be inappropriate, | ||
after considering the best interests of the child and | ||
evidence which shows relevant factors including, but not | ||
limited to, one or more of the following: | ||
(A) the financial resources and needs of the child; | ||
(B) the financial resources and needs of the | ||
parents; | ||
(C) the standard of living the child would have | ||
enjoyed had the marriage or civil union not been | ||
dissolved; and | ||
(D) the physical and emotional condition of the | ||
child and his or her educational needs. | ||
(3) Income. | ||
(A) As used in this Section, "gross income" means |
the total of all income from all sources, except "gross | ||
income" does not include (i) benefits received by the | ||
parent from means-tested public assistance programs, | ||
including, but not limited to, Temporary Assistance | ||
for to Needy Families, Supplemental Security Income, | ||
and the Supplemental Nutrition Assistance Program or | ||
(ii) benefits and income received by the parent for | ||
other children in the household, including, but not | ||
limited to, child support, survivor benefits, and | ||
foster care payments. Social security disability and | ||
retirement benefits paid for the benefit of the subject | ||
child must be included in the disabled or retired | ||
parent's gross income for purposes of calculating the | ||
parent's child support obligation, but the parent is | ||
entitled to a child support credit for the amount of | ||
benefits paid to the other party for the child. "Gross | ||
income" also includes spousal maintenance received | ||
pursuant to a court order in the pending proceedings or | ||
any other proceedings that must be included in the | ||
recipient's gross income for purposes of calculating | ||
the parent's child support obligation. | ||
(B) As used in this Section, "net income" means | ||
gross income minus either the standardized tax amount | ||
calculated pursuant to subparagraph (C) of this | ||
paragraph (3) or the individualized tax amount | ||
calculated pursuant to subparagraph (D) of this |
paragraph (3), and minus any adjustments pursuant to | ||
subparagraph (F) of this paragraph (3). The | ||
standardized tax amount shall be used unless the | ||
requirements for an individualized tax amount set | ||
forth in subparagraph (E) of this paragraph (3) are | ||
met. | ||
(C) As used in this Section, "standardized tax | ||
amount" means the total of federal and state income | ||
taxes for a single person claiming the standard tax | ||
deduction, one personal exemption, and the applicable | ||
number of dependency exemptions for the minor child or | ||
children of the parties, and Social Security and | ||
Medicare tax calculated at the Federal Insurance | ||
Contributions Act rate. | ||
(I) Unless a court has determined otherwise or | ||
the parties otherwise agree, the party with the | ||
majority of parenting time shall be deemed | ||
entitled to claim the dependency exemption for the | ||
parties' minor child. | ||
(II) The Illinois Department of Healthcare and | ||
Family Services shall promulgate a standardized | ||
net income conversion table that computes net | ||
income by deducting the standardized tax amount | ||
from gross income. | ||
(D) As used in this Section, "individualized tax | ||
amount" means the aggregate of the following taxes: |
(I) federal income tax (properly calculated | ||
withholding or estimated payments); | ||
(II) State income tax (properly calculated | ||
withholding or estimated payments); and | ||
(III) Social Security or self-employment tax, | ||
if applicable (or, if none, mandatory retirement | ||
contributions required by law or as a condition of | ||
employment) and Medicare tax calculated at the | ||
Federal Insurance Contributions Act rate. | ||
(E) In lieu of a standardized tax amount, a | ||
determination of an individualized tax amount may be | ||
made under items (I), (II), or (III) below. If an | ||
individualized tax amount determination is made under | ||
this subparagraph (E), all relevant tax attributes | ||
(including filing status, allocation of dependency | ||
exemptions, and whether a party is to claim the | ||
standard deduction or itemized deductions for federal | ||
income tax purposes) shall be as the parties agree or | ||
as the court determines. To determine a party's | ||
reported income, the court may order the party to | ||
complete an Internal Revenue Service Form 4506-T, | ||
Request for Tax Transcript. | ||
(I) Agreement. Irrespective of whether the | ||
parties agree on any other issue before the court, | ||
if they jointly stipulate for the record their | ||
concurrence on a computation method for the |
individualized tax amount that is different from | ||
the method set forth under subparagraph (D), the | ||
stipulated method shall be used by the court unless | ||
the court rejects the proposed stipulated method | ||
for good cause. | ||
(II) Summary hearing. If the court determines | ||
child support in a summary hearing under Section | ||
501 and an eligible party opts in to the | ||
individualized tax amount method under this item | ||
(II), the individualized tax amount shall be | ||
determined by the court on the basis of information | ||
contained in one or both parties' Supreme Court | ||
approved Financial Affidavit (Family & Divorce | ||
Cases) and relevant supporting documents under | ||
applicable court rules. No party, however, is | ||
eligible to opt in unless the party, under | ||
applicable court rules, has served the other party | ||
with the required Supreme Court approved Financial | ||
Affidavit (Family & Divorce Cases) and has | ||
substantially produced supporting documents | ||
required by the applicable court rules. | ||
(III) Evidentiary hearing. If the court | ||
determines child support in an evidentiary | ||
hearing, whether for purposes of a temporary order | ||
or at the conclusion of a proceeding, item (II) of | ||
this subparagraph (E) does not apply. In each such |
case (unless item (I) governs), the individualized | ||
tax amount shall be as determined by the court on | ||
the basis of the record established. | ||
(F) Adjustments to income. | ||
(I) Multi-family adjustment. If a parent is | ||
also legally responsible for support of a child not | ||
shared with the other parent and not subject to the | ||
present proceeding, there shall be an adjustment | ||
to net income as follows: | ||
(i) Multi-family adjustment with court | ||
order. The court shall deduct from the parent's | ||
net income the amount of child support actually | ||
paid by the parent pursuant to a support order | ||
unless the court makes a finding that it would | ||
cause economic hardship to the child. | ||
(ii) Multi-family adjustment without court | ||
order. Upon the request or application of a | ||
parent actually supporting a presumed, | ||
acknowledged, or adjudicated child living in | ||
or outside of that parent's household, there | ||
shall be an adjustment to child support. The | ||
court shall deduct from the parent's net income | ||
the amount of financial support actually paid | ||
by the parent for the child or 75% of the | ||
support the parent should pay under the child | ||
support guidelines (before this adjustment), |
whichever is less, unless the court makes a | ||
finding that it would cause economic hardship | ||
to the child. The adjustment shall be | ||
calculated using that parent's income alone. | ||
(II) Spousal Maintenance adjustment. | ||
Obligations pursuant to a court order for spousal | ||
maintenance in the pending proceeding actually | ||
paid or payable to the same party to whom child | ||
support is to be payable or actually paid to a | ||
former spouse pursuant to a court order shall be | ||
deducted from the parent's gross income. | ||
(3.1) Business income.
For purposes of calculating | ||
child support, net business income from the operation of a | ||
business means gross receipts minus ordinary and necessary | ||
expenses required to carry on the trade or business. As | ||
used in this paragraph, "business" includes, but is not | ||
limited to, sole proprietorships, closely held | ||
corporations, partnerships, other flow-through business | ||
entities, and self-employment. The court shall apply the | ||
following: | ||
(A) The accelerated component of depreciation and | ||
any business expenses determined either judicially or | ||
administratively to be inappropriate or excessive | ||
shall be excluded from the total of ordinary and | ||
necessary business expenses to be deducted in the | ||
determination of net business income from gross |
business income. | ||
(B) Any item of reimbursement or in-kind payment | ||
received by a parent from a business, including, but | ||
not limited to, a company car, reimbursed meals, free | ||
housing, or a housing allowance, shall be counted as | ||
income if not otherwise included in the recipient's | ||
gross income, if the item is significant in amount and | ||
reduces personal expenses. | ||
(3.2) Unemployment or underemployment.
If a parent is | ||
voluntarily unemployed or underemployed, child support | ||
shall be calculated based on a determination of potential | ||
income. A determination of potential income shall be made | ||
by determining employment potential and probable earnings | ||
level based on the obligor's work history, occupational | ||
qualifications, prevailing job opportunities, the | ||
ownership by a parent of a substantial non-income producing | ||
asset, and earnings levels in the community. If there is | ||
insufficient work history to determine employment | ||
potential and probable earnings level, there shall be a | ||
rebuttable presumption that the parent's potential income | ||
is 75% of the most recent United States Department of | ||
Health and Human Services Federal Poverty Guidelines for a | ||
family of one person. | ||
(3.3) Rebuttable presumption in favor of guidelines.
| ||
There is a rebuttable presumption in any judicial or | ||
administrative proceeding for child support that the |
amount of the child support obligation that would result | ||
from the application of the child support guidelines is the | ||
correct amount of child support. | ||
(3.3a) Minimum child support obligation. There is a | ||
rebuttable presumption that a minimum child support | ||
obligation of $40 per month, per child, will be entered for | ||
an obligor who has actual or imputed gross income at or | ||
less than 75% of the most recent United States Department | ||
of Health and Human Services Federal Poverty Guidelines for | ||
a family of one person, with a maximum total child support | ||
obligation for that obligor of $120 per month to be divided | ||
equally among all of the obligor's children. | ||
(3.3b) Zero dollar child support order. For parents | ||
with no gross income, who receive only means-tested | ||
assistance, or who cannot work due to a medically proven | ||
disability, incarceration, or institutionalization, there | ||
is a rebuttable presumption that the $40 per month minimum | ||
support order is inapplicable and a zero dollar order shall | ||
be entered. | ||
(3.4) Deviation factors.
In any action to establish or | ||
modify child support, whether pursuant to a temporary or | ||
final administrative or court order, the child support | ||
guidelines shall be used as a rebuttable presumption for | ||
the establishment or modification of the amount of child | ||
support. The court may deviate from the child support | ||
guidelines if the application would be inequitable, |
unjust, or inappropriate. Any deviation from the | ||
guidelines shall be accompanied by written findings by the | ||
court specifying the reasons for the deviation and the | ||
presumed amount under the child support guidelines without | ||
a deviation. These reasons may include: | ||
(A) extraordinary medical expenditures necessary | ||
to preserve the life or health of a party or a child of | ||
either or both of the parties; | ||
(B) additional expenses incurred for a child | ||
subject to the child support order who has special | ||
medical, physical, or developmental needs; and | ||
(C) any other factor the court determines should be | ||
applied upon a finding that the application of the | ||
child support guidelines would be inappropriate, after | ||
considering the best interest of the child. | ||
(3.5) Income in excess of the schedule of basic child | ||
support obligation. A court may use its discretion to | ||
determine child support if the combined adjusted net income | ||
of the parties exceeds the highest level of the schedule of | ||
basic child support obligation, except that the basic child | ||
support obligation shall not be less than the highest level | ||
of combined net income set forth in the schedule of basic | ||
child support obligation. | ||
(3.6) Extracurricular activities and school expenses.
| ||
The court, in its discretion, in addition to the basic | ||
child support obligation, may order either or both parents |
owing a duty of support to the child to contribute to the | ||
reasonable school and extracurricular activity expenses | ||
incurred which are intended to enhance the educational, | ||
athletic, social, or cultural development of the child. | ||
(3.7) Child care expenses.
The court, in its | ||
discretion, in addition to the basic child support | ||
obligation, may order either or both parents owing a duty | ||
of support to the child to contribute to the reasonable | ||
child care expenses of the child. The child care expenses | ||
shall be made payable directly to a party or directly to | ||
the child care provider at the time of child care services. | ||
(A) "Child care expenses" means actual expenses | ||
reasonably necessary to enable a parent or non-parent | ||
custodian to be employed, to attend educational or | ||
vocational training programs to improve employment | ||
opportunities, or to search for employment. "Child | ||
care expenses" also includes deposits for securing | ||
placement in a child care program, the cost of before | ||
and after school care, and camps when school is not in | ||
session. A child's special needs shall be a | ||
consideration in determining reasonable child care | ||
expenses. | ||
(B) Child care expenses shall be prorated in | ||
proportion to each parent's percentage share of | ||
combined net income, and may be added to the basic | ||
child support obligation if not paid directly by each |
parent to the provider of child care services. The | ||
obligor's and obligee's portion of actual child care | ||
expenses shall appear in the support order. If allowed, | ||
the value of the federal income tax credit for child | ||
care shall be subtracted from the actual cost to | ||
determine the net child care costs. | ||
(C) The amount of child care expenses shall be | ||
adequate to obtain reasonable and necessary child | ||
care. The actual child care expenses shall be used to | ||
calculate the child care expenses, if available. When | ||
actual child care expenses vary, the actual child care | ||
expenses may be averaged over the most recent 12-month | ||
period. When a parent is temporarily unemployed or | ||
temporarily not attending educational or vocational | ||
training programs, future child care expenses shall be | ||
based upon prospective expenses to be incurred upon | ||
return to employment or educational or vocational | ||
training programs. | ||
(D) An order for child care expenses may be | ||
modified upon a showing of a substantial change in | ||
circumstances. The party incurring child care expenses | ||
shall notify the other party within 14 days of any | ||
change in the amount of child care expenses that would | ||
affect the annualized child care amount as determined | ||
in the support order. | ||
(3.8) Shared physical care. If each parent exercises |
146 or more overnights per year with the child, the basic | ||
child support obligation is multiplied by 1.5 to calculate | ||
the shared care child support obligation. The court shall | ||
determine each parent's share of the shared care child | ||
support obligation based on the parent's percentage share | ||
of combined net income. The child support obligation is | ||
then computed for each parent by multiplying that parent's | ||
portion of the shared care support obligation by the | ||
percentage of time the child spends with the other parent. | ||
The respective child support obligations are then offset, | ||
with the parent owing more child support paying the | ||
difference between the child support amounts. The Illinois | ||
Department of Healthcare and Family Services shall | ||
promulgate a worksheet to calculate child support in cases | ||
in which the parents have shared physical care and use the | ||
standardized tax amount to determine net income. | ||
(3.9) Split physical care. When
there is more than one | ||
child and each parent has physical care of at least one but | ||
not all of the children, the support is calculated by using | ||
2 child support worksheets to determine the support each | ||
parent owes the other. The support shall be calculated as | ||
follows: | ||
(A) compute the support the first parent would owe | ||
to other parent as if the child in his or her care was | ||
the only child of the parties; then | ||
(B) compute the support the other parent would owe |
to the first parent as if the child in his or her care | ||
were the only child of the parties; then | ||
(C) subtract the lesser support obligation from | ||
the greater. | ||
The parent who owes the greater obligation shall be | ||
ordered to pay the difference in support to the other | ||
parent, unless the court determines, pursuant to other | ||
provisions of this Section, that it should deviate from the | ||
guidelines. | ||
(4) Health care. | ||
(A) A portion of the basic child support obligation | ||
is intended to cover basic ordinary out-of-pocket | ||
medical expenses. The court, in its discretion, in | ||
addition to the basic child support obligation, shall | ||
also provide for the child's current and future medical | ||
needs by ordering either or both parents to initiate | ||
health insurance coverage for the child through | ||
currently effective health insurance policies held by | ||
the parent or parents, purchase one or more or all | ||
health, dental, or vision insurance policies for the | ||
child, or provide for the child's current and future | ||
medical needs through some other manner. | ||
(B) The court, in its discretion, may order either | ||
or both parents to contribute to the reasonable health | ||
care needs of the child not covered by insurance, | ||
including, but not limited to, unreimbursed medical, |
dental, orthodontic, or vision expenses and any | ||
prescription medication for the child not covered | ||
under the child's health insurance. | ||
(C) If neither parent has access to appropriate | ||
private health insurance coverage, the court may | ||
order: | ||
(I) one or both parents to provide health | ||
insurance coverage at any time it becomes | ||
available at a reasonable cost; or | ||
(II) the parent or non-parent custodian with | ||
primary physical responsibility for the child to | ||
apply for public health insurance coverage for the | ||
child and require either or both parents to pay a | ||
reasonable amount of the cost of health insurance | ||
for the child. | ||
The order may also provide that any time private | ||
health insurance coverage is available at a reasonable | ||
cost to that party it will be provided instead of cash | ||
medical support. As used in this Section, "cash medical | ||
support" means an amount ordered to be paid toward the | ||
cost of health insurance provided by a public entity or | ||
by another person through employment or otherwise or | ||
for other medical costs not covered by insurance. | ||
(D) The amount to be added to the basic child | ||
support obligation shall be the actual amount of the | ||
total health insurance premium that is attributable to |
the child who is the subject of the order. If this | ||
amount is not available or cannot be verified, the | ||
total cost of the health insurance premium shall be | ||
divided by the total number of persons covered by the | ||
policy. The cost per person derived from this | ||
calculation shall be multiplied by the number of | ||
children who are the subject of the order and who are | ||
covered under the health insurance policy. This amount | ||
shall be added to the basic child support obligation | ||
and shall be allocated between the parents in | ||
proportion to their respective net incomes. | ||
(E) After the health insurance premium for the | ||
child is added to the basic child support obligation | ||
and allocated between the parents in proportion to | ||
their respective incomes for child support purposes, | ||
if the obligor is paying the premium, the amount | ||
calculated for the obligee's share of the health | ||
insurance premium for the child shall be deducted from | ||
the obligor's share of the total child support | ||
obligation. If the obligee is paying for private health | ||
insurance for the child, the child support obligation | ||
shall be increased by the obligor's share of the | ||
premium payment. The obligor's and obligee's portion | ||
of health insurance costs shall appear in the support | ||
order. | ||
(F) Prior to allowing the health insurance |
adjustment, the parent requesting the adjustment must | ||
submit proof that the child has been enrolled in a | ||
health insurance plan and must submit proof of the cost | ||
of the premium. The court shall require the parent | ||
receiving the adjustment to annually submit proof of | ||
continued coverage of the child to the other parent, or | ||
as designated by the court. | ||
(G) A reasonable cost for providing health | ||
insurance coverage for the child may not exceed 5% of | ||
the providing parent's gross income. Parents with a net | ||
income below 133% of the most recent United States | ||
Department of Health and Human Services Federal | ||
Poverty Guidelines or whose child is covered by | ||
Medicaid based on that parent's income may not be | ||
ordered to contribute toward or provide private | ||
coverage, unless private coverage is obtainable | ||
without any financial contribution by that parent. | ||
(H) If dental or vision insurance is included as | ||
part of the employer's medical plan, the coverage shall | ||
be maintained for the child. If not included in the | ||
employer's medical plan, adding the dental or vision | ||
insurance for the child is at the discretion of the | ||
court. | ||
(I) If a parent has been directed to provide health | ||
insurance pursuant to this paragraph and that parent's | ||
spouse or legally recognized partner provides the |
insurance for the benefit of the child either directly | ||
or through employment, a credit on the child support | ||
worksheet shall be given to that parent in the same | ||
manner as if the premium were paid by that parent.
| ||
(4.5) In a proceeding for child support following | ||
dissolution of the
marriage or civil union by a court that | ||
lacked personal jurisdiction over the absent spouse,
and in | ||
which the court is requiring payment of support for the | ||
period before
the date an order for current support is | ||
entered, there is a rebuttable
presumption
that the | ||
obligor's net income for the prior period was the same as | ||
his
or her net income at the time the order for current | ||
support is entered.
| ||
(5) If the net income cannot be determined because of | ||
default or any
other reason, the court shall order support | ||
in an amount considered
reasonable in the particular case. | ||
The final order in all cases shall
state the support level | ||
in dollar amounts.
However, if the
court finds that the | ||
child support amount cannot be expressed exclusively as a
| ||
dollar amount because all or a portion of the obligor's net | ||
income is uncertain
as to source, time of payment, or | ||
amount, the court may order a percentage
amount of support | ||
in addition to a specific dollar amount and enter
such | ||
other orders as may be necessary to determine and enforce, | ||
on a timely
basis, the applicable support ordered.
| ||
(6) If (i) the obligor was properly served with a |
request
for
discovery of financial information relating to | ||
the obligor's
ability to
provide child support, (ii) the | ||
obligor failed to comply with the
request,
despite having | ||
been ordered to do so by the court, and (iii) the obligor | ||
is not present at the hearing to determine support despite | ||
having
received
proper notice, then any relevant financial | ||
information concerning the obligor's
ability to provide | ||
child support that was obtained
pursuant to
subpoena and | ||
proper notice shall be admitted into evidence without the | ||
need to
establish any further foundation for its admission.
| ||
(a-5) In an action to enforce an order for child support | ||
based on the obligor's
failure
to make support payments as | ||
required by the order, notice of proceedings to
hold the | ||
obligor in contempt for that failure may be served on the | ||
obligor
by personal service or by regular mail addressed to the | ||
last known address of the obligor. The last known address of | ||
the obligor may be determined from
records of the clerk of the | ||
court, from the Federal Case Registry of Child
Support Orders, | ||
or by any other reasonable means.
| ||
(b) Failure of either parent to comply with an order to pay | ||
support shall
be punishable as in other cases of contempt. In | ||
addition to other
penalties provided by law the court may, | ||
after finding the parent guilty
of contempt, order that the | ||
parent be:
| ||
(1) placed on probation with such conditions of | ||
probation as the court
deems advisable;
|
(2) sentenced to periodic imprisonment for a period not | ||
to exceed 6
months; provided, however, that the court may | ||
permit the parent to be
released for periods of time during | ||
the day or night to:
| ||
(A) work; or
| ||
(B) conduct a business or other self-employed | ||
occupation.
| ||
The court may further order any part or all of the earnings | ||
of a parent
during a sentence of periodic imprisonment paid to | ||
the Clerk of the Circuit
Court or to the parent having physical | ||
possession of the child or to the non-parent custodian having | ||
custody
of the child of the sentenced parent for the support of | ||
the child until further order of the court.
| ||
If a parent who is found guilty of contempt for failure to | ||
comply with an order to pay support is a person who conducts a | ||
business or who is self-employed, the court in addition to | ||
other penalties provided by law may order that the parent do | ||
one or more of the following: (i) provide to the court monthly | ||
financial statements showing income and expenses from the | ||
business or the self-employment; (ii) seek employment and | ||
report periodically to the court with a diary, listing, or | ||
other memorandum of his or her employment search efforts; or | ||
(iii) report to the Department of Employment Security for job | ||
search services to find employment that will be subject to | ||
withholding for child support. | ||
If there is a unity of interest and ownership sufficient to |
render no
financial separation between an obligor and another | ||
person or
persons or business entity, the court may pierce the | ||
ownership veil of the
person, persons, or business entity to | ||
discover assets of the obligor held in the name of that person, | ||
those persons, or that business entity.
The following | ||
circumstances are sufficient to authorize a court to order
| ||
discovery of the assets of a person, persons, or business | ||
entity and to compel
the application of any discovered assets | ||
toward payment on the judgment for
support:
| ||
(1) the obligor and the person, persons, or business | ||
entity
maintain records together.
| ||
(2) the obligor and the person, persons, or business | ||
entity
fail to maintain an arm's length relationship | ||
between themselves with regard to
any assets.
| ||
(3) the obligor transfers assets to the person, | ||
persons,
or business entity with the intent to perpetrate a | ||
fraud on the obligee.
| ||
With respect to assets which
are real property, no order | ||
entered under this paragraph shall affect the
rights of bona | ||
fide purchasers, mortgagees, judgment creditors, or other lien
| ||
holders who acquire their interests in the property prior to | ||
the time a notice
of lis pendens pursuant to the Code of Civil | ||
Procedure or a copy of the order
is placed of record in the | ||
office of the recorder of deeds for the county in
which the | ||
real property is located.
| ||
The court may also order in cases where the parent is 90 |
days or more
delinquent in payment of support or has been | ||
adjudicated in arrears in an
amount equal to 90 days obligation | ||
or more, that the parent's Illinois driving
privileges be | ||
suspended until the court
determines that the parent is in | ||
compliance with the order of support.
The court may also order | ||
that the parent be issued a family financial
responsibility | ||
driving permit that would allow limited driving privileges for
| ||
employment and medical purposes in accordance with Section | ||
7-702.1 of the
Illinois Vehicle Code. The Clerk of the Circuit | ||
Court shall certify the order
suspending the driving privileges | ||
of the parent or granting the issuance of a
family financial | ||
responsibility driving permit to the Secretary of State on
| ||
forms prescribed by the Secretary of State. Upon receipt of the | ||
authenticated
documents, the Secretary of State shall suspend | ||
the parent's driving privileges
until further order of the | ||
court and shall, if ordered by the court, subject to
the | ||
provisions of Section 7-702.1 of the Illinois Vehicle Code, | ||
issue a family
financial responsibility driving permit to the | ||
parent.
| ||
In addition to the penalties or punishment that may be | ||
imposed under this
Section, any person whose conduct | ||
constitutes a violation of Section 15 of the
Non-Support | ||
Punishment Act may be prosecuted under that Act, and a person
| ||
convicted under that Act may be sentenced in accordance with | ||
that Act. The
sentence may include but need not be limited to a | ||
requirement that the person
perform community service under |
Section 50 of that Act or participate in a work
alternative | ||
program under Section 50 of that Act. A person may not be | ||
required
to participate in a work alternative program under | ||
Section 50 of that Act if
the person is currently participating | ||
in a work program pursuant to Section
505.1 of this Act.
| ||
A support obligation, or any portion of a support | ||
obligation, which becomes
due and remains unpaid as of the end | ||
of each month, excluding the child support that was due for | ||
that month to the extent that it was not paid in that month, | ||
shall accrue simple interest as set forth in Section 12-109 of | ||
the Code of Civil Procedure.
An order for support entered or | ||
modified on or after January 1, 2006 shall
contain a statement | ||
that a support obligation required under the order, or any
| ||
portion of a support obligation required under the order, that | ||
becomes due and
remains unpaid as of the end of each month, | ||
excluding the child support that was due for that month to the | ||
extent that it was not paid in that month, shall accrue simple | ||
interest as set forth in Section 12-109 of the Code of Civil | ||
Procedure. Failure to include the statement in the order for | ||
support does
not affect the validity of the order or the | ||
accrual of interest as provided in
this Section.
| ||
(c) A one-time charge of 20% is imposable upon the amount | ||
of
past-due child support owed on July 1, 1988 which has | ||
accrued under a
support order entered by the court. The charge | ||
shall be imposed in
accordance with the provisions of Section | ||
10-21 of the Illinois Public Aid
Code and shall be enforced by |
the court upon petition.
| ||
(d) Any new or existing support order entered by the court
| ||
under this Section shall be deemed to be a series of judgments | ||
against the
person obligated to pay support thereunder, each | ||
such judgment to be in the
amount of each payment or | ||
installment of support and each such judgment to
be deemed | ||
entered as of the date the corresponding payment or installment
| ||
becomes due under the terms of the support order. Each such | ||
judgment shall
have the full force, effect and attributes of | ||
any other judgment of this
State, including the ability to be | ||
enforced.
Notwithstanding any other State or local law to the | ||
contrary, a lien arises by operation of law against the real | ||
and personal property of
the obligor for each installment of | ||
overdue support owed by the obligor.
| ||
(e) When child support is to be paid through the Clerk of | ||
the Court in a
county of 1,000,000 inhabitants or less, the | ||
order shall direct the obligor to pay to the Clerk, in addition | ||
to the child support payments, all fees
imposed by the county | ||
board under paragraph (3) of subsection (u) of
Section 27.1 of | ||
the Clerks of Courts Act. Unless paid pursuant to
an Income | ||
Withholding Order/Notice for Support, the payment of the fee | ||
shall be by payment acceptable to the clerk and shall be made | ||
to the order of the
Clerk.
| ||
(f) All orders for support, when entered or
modified, shall | ||
include a provision requiring the obligor to notify
the court | ||
and, in cases in which a party is receiving child and spouse
|
services under Article X of the Illinois Public Aid Code, the
| ||
Department of Healthcare and Family Services, within 7 days, | ||
(i) of the name and address
of any new employer of the obligor, | ||
(ii) whether the obligor has access to
health insurance | ||
coverage through the employer or other group coverage and,
if | ||
so, the policy name and number and the names of persons covered | ||
under
the policy, except only the initials of any covered | ||
minors shall be included, and (iii) of any new residential or | ||
mailing address or telephone
number of the obligor. In any | ||
subsequent action to enforce a
support order, upon a sufficient | ||
showing that a diligent effort has been made
to ascertain the | ||
location of the obligor, service of process or
provision of | ||
notice necessary in the case may be made at the last known
| ||
address of the obligor in any manner expressly provided by the
| ||
Code of Civil Procedure or this Act, which service shall be | ||
sufficient for
purposes of due process.
| ||
(g) An order for support shall include a date on which the | ||
current
support obligation terminates. The termination date | ||
shall be no earlier than
the date on which the child covered by | ||
the order will attain the age of
18. However, if the child will | ||
not graduate from high school until after
attaining the age of | ||
18, then the termination date shall be no earlier than the
| ||
earlier of the date on which the child's high school graduation | ||
will occur or
the date on which the child will attain the age | ||
of 19. The order for support
shall state that the termination | ||
date does not apply to any arrearage that may
remain unpaid on |
that date. Nothing in this subsection shall be construed to
| ||
prevent the court from modifying the order or terminating the | ||
order in the
event the child is otherwise emancipated.
| ||
(g-5) If there is an unpaid arrearage or delinquency (as | ||
those terms are defined in the Income Withholding for Support | ||
Act) equal to at least one month's support obligation on the | ||
termination date stated in the order for support or, if there | ||
is no termination date stated in the order, on the date the | ||
child attains the age of majority or is otherwise emancipated, | ||
the periodic amount required to be paid for current support of | ||
that child immediately prior to that date shall automatically | ||
continue to be an obligation, not as current support but as | ||
periodic payment toward satisfaction of the unpaid arrearage or | ||
delinquency. That periodic payment shall be in addition to any | ||
periodic payment previously required for satisfaction of the | ||
arrearage or delinquency. The total periodic amount to be paid | ||
toward satisfaction of the arrearage or delinquency may be | ||
enforced and collected by any method provided by law for | ||
enforcement and collection of child support, including but not | ||
limited to income withholding under the Income Withholding for | ||
Support Act. Each order for support entered or modified on or | ||
after January 1, 2005 ( the effective date of Public Act | ||
93-1061) this amendatory Act of the 93rd General Assembly must | ||
contain a statement notifying the parties of the requirements | ||
of this subsection. Failure to include the statement in the | ||
order for support does not affect the validity of the order or |
the operation of the provisions of this subsection with regard | ||
to the order. This subsection shall not be construed to prevent | ||
or affect the establishment or modification of an order for | ||
support of a minor child or the establishment or modification | ||
of an order for support of a non-minor child or educational | ||
expenses under Section 513 of this Act.
| ||
(h) An order entered under this Section shall include a | ||
provision requiring
either parent to report to the other parent | ||
and to the Clerk of Court within 10 days each time either | ||
parent obtains new employment, and each time either parent's
| ||
employment is terminated for any reason. The report shall be in | ||
writing and
shall, in the case of new employment, include the | ||
name and address of the new
employer. Failure to report new | ||
employment or the termination of current
employment, if coupled | ||
with nonpayment of support for a period in excess of 60
days, | ||
is indirect criminal contempt. For either parent arrested for | ||
failure to report new employment bond shall be set in the | ||
amount of the child support that should have been paid during | ||
the period of unreported employment. An order entered under | ||
this Section shall also include a provision requiring either | ||
obligor
and obligee to advise the other of a change in | ||
residence within 5 days
of the change except when the court | ||
finds that the physical, mental, or
emotional health of a party | ||
or that of a child, or both, would be
seriously endangered by | ||
disclosure of the party's address.
| ||
(i) The court does not lose the powers of contempt, |
driver's license
suspension, or other child support | ||
enforcement mechanisms, including, but
not limited to, | ||
criminal prosecution as set forth in this Act, upon the
| ||
emancipation of the minor child.
| ||
(Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17; 99-764, | ||
eff. 7-1-17; 100-15, eff. 7-1-17; revised 10-6-17.)
| ||
Section 615. The Adoption Act is amended by changing | ||
Sections 4.1 and 18.5 as follows:
| ||
(750 ILCS 50/4.1) (from Ch. 40, par. 1506)
| ||
Sec. 4.1. Adoption between multiple jurisdictions. It is | ||
the public policy of this State to promote child welfare in | ||
adoption between multiple jurisdictions by implementing | ||
standards that foster permanency for children in an expeditious | ||
manner while considering the best interests of the child as | ||
paramount. Ensuring that standards for interjurisdictional | ||
adoption are clear and applied consistently, efficiently, and | ||
reasonably will promote the best interests of the child in | ||
finding a permanent home. | ||
(a) The Department of Children and Family Services shall | ||
promulgate rules regarding the approval and regulation of | ||
agencies providing, in this State, adoption services, as | ||
defined in Section 2.24 of the Child Care Act of 1969, which | ||
shall include, but not be limited to, a requirement that any | ||
agency shall be licensed in this State as a child welfare |
agency as defined in Section 2.08 of the Child Care Act of | ||
1969. Any out-of-state agency, if not licensed in this State as | ||
a child welfare agency, must obtain the approval of the | ||
Department in order to act as a sending agency, as defined in | ||
Section 1 of the Interstate Compact on Placement of Children | ||
Act, seeking to place a child into this State through a | ||
placement subject to the Interstate Compact on the Placement of | ||
Children. An out-of-state agency, if not licensed in this State | ||
as a child welfare agency, is prohibited from providing in this | ||
State adoption services, as defined by Section 2.24 of the | ||
Child Care Act of 1969; shall comply with Section 12C-70 of the | ||
Criminal Code of 2012; and shall provide all of the following | ||
to the Department: | ||
(1) A copy of the agency's current license or other | ||
form of authorization from the approving authority in the | ||
agency's state. If no license or authorization is issued, | ||
the agency must provide a reference statement, from the | ||
approving authority, stating that the agency is authorized | ||
to place children in foster care or adoption or both in its | ||
jurisdiction. | ||
(2) A description of the program, including home | ||
studies, placements, and supervisions, that the child | ||
placing agency conducts within its geographical area, and, | ||
if applicable, adoptive placements and the finalization of | ||
adoptions. The child placing agency must accept continued | ||
responsibility for placement planning and replacement if |
the placement fails. | ||
(3) Notification to the Department of any significant | ||
child placing agency changes after approval. | ||
(4) Any other information the Department may require. | ||
The rules shall also provide that any agency that places | ||
children for
adoption in this State may not, in any policy or | ||
practice relating to the
placement of children for adoption, | ||
discriminate against any child or
prospective adoptive parent | ||
on the basis of race.
| ||
(a-5) (Blank). | ||
(b) Interstate adoptions. | ||
(1) All interstate adoption placements under this Act | ||
shall comply with the Child Care Act of 1969 and the | ||
Interstate Compact on
the Placement of Children. The | ||
placement of children with relatives by the Department of | ||
Children and Family Services shall also comply with | ||
subsection (b) of Section 7 of the Children and Family | ||
Services Act. The Department may promulgate rules to | ||
implement interstate adoption placements, including those | ||
requirements set forth in this Section. | ||
(2) If an adoption is finalized prior to bringing or | ||
sending a child to this State, compliance with the | ||
Interstate Compact on the Placement of Children is not | ||
required. | ||
(3) Approval requirements. The Department shall | ||
promulgate procedures for interstate adoption placements |
of children under this Act. No later than September 24, | ||
2017 ( 30 days after the effective date of Public Act | ||
100-344) this amendatory Act of the 100th General Assembly , | ||
the Department shall distribute a written list of all | ||
preadoption pre-adoption approval requirements to all | ||
Illinois licensed child welfare agencies performing | ||
adoption services, and all out-of-state agencies approved | ||
under this Section, and shall post the requirements on the | ||
Department's website. The Department may not require any | ||
further preadoption pre-adoption requirements other than | ||
those set forth in the procedures required under this | ||
paragraph. The procedures shall reflect the standard of | ||
review as stated in the Interstate Compact on the Placement | ||
of Children and approval shall be given by the Department | ||
if the placement appears not to be contrary to the best | ||
interests of the child.
| ||
(4) Time for review and decision. In all cases where | ||
the child to be placed is not a youth in care in Illinois | ||
or any other state, a provisional or final approval for | ||
placement shall be provided in writing from the Department | ||
in accordance with the Interstate Compact on the Placement | ||
of Children. Approval or denial of the placement must be | ||
given by the Department as soon as practicable, but in no | ||
event more than 3 business days of the receipt of the | ||
completed referral packet by the Department's Interstate | ||
Compact Administrator. Receipt of the packet shall be |
evidenced by the packet's arrival at the address designated | ||
by the Department to receive such referrals. The written | ||
decision to approve or deny the placement shall be | ||
communicated in an expeditious manner, including, but not | ||
limited to, electronic means referenced in paragraph | ||
(b)(7) of this Section, and shall be provided to all | ||
Illinois licensed child welfare agencies involved in the | ||
placement, all out-of-state child placing agencies | ||
involved in the placement, and all attorneys representing | ||
the prospective adoptive parent or biological parent. If, | ||
during its initial review of the packet, the Department | ||
believes there are any incomplete or missing documents, or | ||
missing information, as required in paragraph (b)(3), the | ||
Department shall, as soon as practicable, but in no event | ||
more than 2 business days of receipt of the packet, | ||
communicate a list of any incomplete or missing documents | ||
and information to all Illinois licensed child welfare | ||
agencies involved in the placement, all out-of-state child | ||
placing agencies involved in the placement, and all | ||
attorneys representing the adoptive parent or biological | ||
parent. This list shall be communicated in an expeditious | ||
manner, including, but not limited to, electronic means | ||
referenced in paragraph (b)(7) of this Section. | ||
(5) Denial of approval. In all cases where the child to | ||
be placed is not a youth in the care of any state, if the | ||
Department denies approval of an interstate placement, the |
written decision referenced in paragraph (b)(4) of this | ||
Section shall set forth the reason or reasons why the | ||
placement was not approved and shall reference which | ||
requirements under paragraph (b)(3) of this Section were | ||
not met. The written decision shall be communicated in an | ||
expeditious manner, including, but not limited to, | ||
electronic means referenced in paragraph (b)(7) of this | ||
Section, to all Illinois licensed child welfare agencies | ||
involved in the placement, all out-of-state child placing | ||
agencies involved in the placement, and all attorneys | ||
representing the prospective adoptive parent or biological | ||
parent. | ||
(6) Provisional approval. Nothing in paragraphs (b)(3) | ||
through (b)(5) of this Section shall preclude the | ||
Department from issuing provisional approval of the | ||
placement pending receipt of any missing or incomplete | ||
documents or information. | ||
(7) Electronic communication. All communications | ||
concerning an interstate placement made between the | ||
Department and an Illinois licensed child welfare agency, | ||
an out-of-state child placing agency, and attorneys | ||
representing the prospective adoptive parent or biological | ||
parent, including the written communications referenced in | ||
this Section, may be made through any type of electronic | ||
means, including, but not limited to, electronic mail. | ||
(c) Intercountry adoptions. The adoption of a child, if the |
child is a habitual resident of a country other than the United | ||
States and the petitioner is a habitual resident of the United | ||
States, or, if the child is a habitual resident of the United | ||
States and the petitioner is a habitual resident of a country | ||
other than the United States, shall comply with the | ||
Intercountry Adoption Act of 2000, as amended, and the | ||
Immigration and Nationality Act, as amended. In the case of an | ||
intercountry adoption that requires oversight by the adoption | ||
services governed by the Intercountry Adoption Universal | ||
Accreditation Act of 2012, this State shall not impose any | ||
additional preadoption requirements.
| ||
(d) (Blank).
| ||
(e) Re-adoption after an intercountry adoption. | ||
(1) Any time after a minor child has been adopted in a | ||
foreign country and has immigrated to the United States, | ||
the adoptive parent or parents of the child may petition | ||
the court for a judgment of adoption to re-adopt the child | ||
and confirm the foreign adoption decree. | ||
(2) The petitioner must submit to the court one or more | ||
of the following to verify the foreign adoption: | ||
(i) an immigrant visa for the child issued by | ||
United States Citizenship and Immigration Services of | ||
the U.S. Department of Homeland Security that was valid | ||
at the time of the child's immigration; | ||
(ii) a decree, judgment, certificate of adoption, | ||
adoption registration, or equivalent court order, |
entered or issued by a court of competent jurisdiction | ||
or administrative body outside the United States, | ||
establishing the relationship of parent and child by | ||
adoption; or | ||
(iii) such other evidence deemed satisfactory by | ||
the court. | ||
(3) The child's immigrant visa shall be prima facie | ||
proof that the adoption was established in accordance with | ||
the laws of the foreign jurisdiction and met United States | ||
requirements for immigration. | ||
(4) If the petitioner submits documentation that | ||
satisfies the requirements of paragraph (2), the court | ||
shall not appoint a guardian ad litem for the minor who is | ||
the subject of the proceeding, shall not require any | ||
further termination of parental rights of the child's | ||
biological parents, nor shall it require any home study, | ||
investigation, post-placement visit, or background check | ||
of the petitioner. | ||
(5) The petition may include a request for change of | ||
the child's name and any other request for specific relief | ||
that is in the best interests of the child. The relief may | ||
include a request for a revised birth date for the child if | ||
supported by evidence from a medical or dental professional | ||
attesting to the appropriate age of the child or other | ||
collateral evidence. | ||
(6) Two adoptive parents who adopted a minor child |
together in a foreign country while married to one another | ||
may file a petition for adoption to re-adopt the child | ||
jointly, regardless of whether their marriage has been | ||
dissolved. If either parent whose marriage was dissolved | ||
has subsequently remarried or entered into a civil union | ||
with another person, the new spouse or civil union partner | ||
shall not join in the petition to re-adopt the child, | ||
unless the new spouse or civil union partner is seeking to | ||
adopt the child. If either adoptive parent does not join in | ||
the petition, he or she must be joined as a party | ||
defendant. The defendant parent's failure to participate | ||
in the re-adoption proceeding shall not affect the existing | ||
parental rights or obligations of the parent as they relate | ||
to the minor child, and the parent's name shall be placed | ||
on any subsequent birth record issued for the child as a | ||
result of the re-adoption proceeding. | ||
(7) An adoptive parent who adopted a minor child in a | ||
foreign country as an unmarried person may file a petition | ||
for adoption to re-adopt the child as a sole petitioner, | ||
even if the adoptive parent has subsequently married or | ||
entered into a civil union. | ||
(8) If one of the adoptive parents who adopted a minor | ||
child dies prior to a re-adoption proceeding, the deceased | ||
parent's name shall be placed on any subsequent birth | ||
record issued for the child as a result of the re-adoption | ||
proceeding. |
(Source: P.A. 99-49, eff. 7-15-15; 100-344, eff. 8-25-17; | ||
revised 10-6-17.)
| ||
(750 ILCS 50/18.5) (from Ch. 40, par. 1522.5)
| ||
Sec. 18.5. Liability. No liability shall attach to the | ||
State, any
agency thereof,
any licensed agency, any judge, any | ||
officer or employee of the court, or
any party or employee | ||
thereof involved in the surrender of a child for
adoption or in | ||
an adoption proceeding for acts or efforts made within the
| ||
scope of Sections 18.05 through thru 18.5, inclusive, of this | ||
Act and
under
its provisions, except for subsection (n) of | ||
Section 18.1.
| ||
(Source: P.A. 96-895, eff. 5-21-10; revised 10-3-17.)
| ||
Section 620. The Illinois Domestic Violence Act of 1986 is | ||
amended by changing Section 214 as follows:
| ||
(750 ILCS 60/214) (from Ch. 40, par. 2312-14)
| ||
Sec. 214. Order of protection; remedies.
| ||
(a) Issuance of order. If the court finds that petitioner | ||
has been
abused by a family or household member or that | ||
petitioner is a high-risk
adult who has been abused, neglected, | ||
or exploited, as defined in this Act,
an order of protection | ||
prohibiting the abuse, neglect, or exploitation
shall issue; | ||
provided that petitioner must also satisfy the requirements of
| ||
one of the following Sections, as appropriate: Section 217 on |
emergency
orders, Section 218 on interim orders, or Section 219 | ||
on plenary orders.
Petitioner shall not be denied an order of | ||
protection because petitioner or
respondent is a minor. The | ||
court, when determining whether or not to issue
an order of | ||
protection, shall not require physical manifestations of abuse
| ||
on the person of the victim. Modification and extension of | ||
prior
orders of protection shall be in accordance with this | ||
Act.
| ||
(b) Remedies and standards. The remedies to be included in | ||
an order of
protection shall be determined in accordance with | ||
this Section and one of
the following Sections, as appropriate: | ||
Section 217 on emergency orders,
Section 218 on interim orders, | ||
and Section 219 on plenary orders. The
remedies listed in this | ||
subsection shall be in addition to other civil or
criminal | ||
remedies available to petitioner.
| ||
(1) Prohibition of abuse, neglect, or exploitation. | ||
Prohibit
respondent's harassment, interference with | ||
personal liberty, intimidation
of a dependent, physical | ||
abuse, or willful deprivation, neglect or
exploitation, as | ||
defined in this Act, or stalking of the petitioner, as | ||
defined
in Section 12-7.3 of the Criminal Code of 2012, if | ||
such abuse, neglect,
exploitation, or stalking has | ||
occurred or otherwise appears likely to occur if
not | ||
prohibited.
| ||
(2) Grant of exclusive possession of residence. | ||
Prohibit respondent from
entering or remaining in any |
residence, household, or premises of the petitioner,
| ||
including one owned or leased by respondent, if petitioner | ||
has a right to
occupancy thereof. The grant of exclusive | ||
possession of the residence, household, or premises shall | ||
not
affect title to real property, nor shall the court be | ||
limited by the standard
set forth in Section 701 of the | ||
Illinois Marriage and Dissolution of Marriage
Act.
| ||
(A) Right to occupancy. A party has a right to | ||
occupancy of a
residence or household if it is solely | ||
or jointly owned or leased by that
party, that party's | ||
spouse, a person with a legal duty to support that | ||
party or
a minor child in that party's care, or by any | ||
person or entity other than the
opposing party that | ||
authorizes that party's occupancy (e.g., a domestic
| ||
violence shelter). Standards set forth in subparagraph | ||
(B) shall not preclude
equitable relief.
| ||
(B) Presumption of hardships. If petitioner and | ||
respondent
each has the right to occupancy of a | ||
residence or household, the court
shall balance (i) the | ||
hardships to respondent and any minor child or
| ||
dependent adult in respondent's care resulting from | ||
entry of this remedy with
(ii) the hardships to | ||
petitioner and any minor child or dependent adult in
| ||
petitioner's care resulting from continued exposure to | ||
the risk of abuse
(should petitioner remain at the | ||
residence or household) or from loss of
possession of |
the residence or household (should petitioner leave to | ||
avoid the
risk of abuse). When determining the balance | ||
of hardships, the court shall
also take into account | ||
the accessibility of the residence or household.
| ||
Hardships need not be balanced if respondent does not | ||
have a right to
occupancy.
| ||
The balance of hardships is presumed to favor | ||
possession by
petitioner unless the presumption is | ||
rebutted by a preponderance of the
evidence, showing | ||
that the hardships to respondent substantially | ||
outweigh
the hardships to petitioner and any minor | ||
child or dependent adult in
petitioner's care. The | ||
court, on the request of petitioner or on its own
| ||
motion, may order respondent to provide suitable, | ||
accessible, alternate housing
for petitioner instead | ||
of excluding respondent from a mutual residence or
| ||
household.
| ||
(3) Stay away order and additional prohibitions.
Order | ||
respondent to stay away from petitioner or any other person
| ||
protected by the order of protection, or prohibit | ||
respondent from entering
or remaining present at | ||
petitioner's school, place of employment, or other
| ||
specified places at times when petitioner is present, or | ||
both, if
reasonable, given the balance of hardships. | ||
Hardships need not be balanced for
the court to enter a | ||
stay away order or prohibit entry if respondent has no
|
right to enter the premises.
| ||
(A) If an order of protection grants petitioner | ||
exclusive possession
of the residence, or prohibits | ||
respondent from entering the residence,
or orders | ||
respondent to stay away from petitioner or other
| ||
protected persons, then the court may allow respondent | ||
access to the
residence to remove items of clothing and | ||
personal adornment
used exclusively by respondent, | ||
medications, and other items as the court
directs. The | ||
right to access shall be exercised on only one occasion | ||
as the
court directs and in the presence of an | ||
agreed-upon adult third party or law
enforcement | ||
officer.
| ||
(B) When the petitioner and the respondent attend | ||
the same public, private, or non-public elementary, | ||
middle, or high school, the court when issuing an order | ||
of protection and providing relief shall consider the | ||
severity of the act, any continuing physical danger or | ||
emotional distress to the petitioner, the educational | ||
rights guaranteed to the petitioner and respondent | ||
under federal and State law, the availability of a | ||
transfer of the respondent to another school, a change | ||
of placement or a change of program of the respondent, | ||
the expense, difficulty, and educational disruption | ||
that would be caused by a transfer of the respondent to | ||
another school, and any other relevant facts of the |
case. The court may order that the respondent not | ||
attend the public, private, or non-public elementary, | ||
middle, or high school attended by the petitioner, | ||
order that the respondent accept a change of placement | ||
or change of program, as determined by the school | ||
district or private or non-public school, or place | ||
restrictions on the respondent's movements within the | ||
school attended by the petitioner.
The respondent | ||
bears the burden of proving by a preponderance of the | ||
evidence that a transfer, change of placement, or | ||
change of program of the respondent is not available. | ||
The respondent also bears the burden of production with | ||
respect to the expense, difficulty, and educational | ||
disruption that would be caused by a transfer of the | ||
respondent to another school. A transfer, change of | ||
placement, or change of program is not unavailable to | ||
the respondent solely on the ground that the respondent | ||
does not agree with the school district's or private or | ||
non-public school's transfer, change of placement, or | ||
change of program or solely on the ground that the | ||
respondent fails or refuses to consent or otherwise | ||
does not take an action required to effectuate a | ||
transfer, change of placement, or change of program.
| ||
When a court orders a respondent to stay away from the | ||
public, private, or non-public school attended by the | ||
petitioner and the respondent requests a transfer to |
another attendance center within the respondent's | ||
school district or private or non-public school, the | ||
school district or private or non-public school shall | ||
have sole discretion to determine the attendance | ||
center to which the respondent is transferred.
In the | ||
event the court order results in a transfer of the | ||
minor respondent to another attendance center, a | ||
change in the respondent's placement, or a change of | ||
the respondent's program, the parents, guardian, or | ||
legal custodian of the respondent is responsible for | ||
transportation and other costs associated with the | ||
transfer or change. | ||
(C) The court may order the parents, guardian, or | ||
legal custodian of a minor respondent to take certain | ||
actions or to refrain from taking certain actions to | ||
ensure that the respondent complies with the order. In | ||
the event the court orders a transfer of the respondent | ||
to another school, the parents, guardian, or legal | ||
custodian of the respondent is responsible for | ||
transportation and other costs associated with the | ||
change of school by the respondent. | ||
(4) Counseling. Require or recommend the respondent to | ||
undergo
counseling for a specified duration with a social | ||
worker, psychologist,
clinical psychologist, psychiatrist, | ||
family service agency, alcohol or
substance abuse program, | ||
mental health center guidance counselor, agency
providing |
services to elders, program designed for domestic violence
| ||
abusers or any other guidance service the court deems | ||
appropriate. The Court may order the respondent in any | ||
intimate partner relationship to report to an Illinois | ||
Department of Human Services protocol approved partner | ||
abuse intervention program for an assessment and to follow | ||
all recommended treatment.
| ||
(5) Physical care and possession of the minor child. In | ||
order to protect
the minor child from abuse, neglect, or | ||
unwarranted separation from the person
who has been the | ||
minor child's primary caretaker, or to otherwise protect | ||
the
well-being of the minor child, the court may do either | ||
or both of the
following: (i) grant petitioner physical | ||
care or possession of the minor child,
or both, or (ii) | ||
order respondent to return a minor child to, or not remove | ||
a
minor child from, the physical care of a parent or person | ||
in loco parentis.
| ||
If a court finds, after a hearing, that respondent has | ||
committed abuse
(as defined in Section 103) of a minor | ||
child, there shall be a
rebuttable presumption that | ||
awarding physical care to respondent would not
be in the | ||
minor child's best interest.
| ||
(6) Temporary allocation of parental responsibilities: | ||
significant decision-making. Award temporary | ||
decision-making responsibility to petitioner
in accordance | ||
with this Section, the Illinois Marriage and Dissolution of
|
Marriage Act, the Illinois Parentage Act of 2015, and this | ||
State's Uniform
Child-Custody Jurisdiction and Enforcement | ||
Act.
| ||
If a court finds, after a hearing, that respondent has | ||
committed abuse (as
defined in Section 103) of a minor | ||
child, there shall be a rebuttable
presumption that | ||
awarding temporary significant decision-making | ||
responsibility to respondent would not be in
the child's | ||
best interest.
| ||
(7) Parenting time. Determine the parenting time, if | ||
any, of respondent in
any case in which the court awards | ||
physical care or allocates temporary significant | ||
decision-making responsibility of
a minor child to | ||
petitioner. The court shall restrict or deny respondent's | ||
parenting time
with a minor child if the court finds that | ||
respondent has done or is
likely to do any of the | ||
following: (i) abuse or endanger the minor child during | ||
parenting time; (ii) use the parenting time as an | ||
opportunity to abuse or harass
petitioner or petitioner's | ||
family or household members; (iii) improperly
conceal or | ||
detain the minor child; or (iv) otherwise act in a manner | ||
that is
not in the best interests of the minor child. The | ||
court shall not be limited
by the standards set forth in | ||
Section 603.10 of the Illinois Marriage and
Dissolution of | ||
Marriage Act. If the court grants parenting time, the order | ||
shall
specify dates and times for the parenting time to |
take place or other specific
parameters or conditions that | ||
are appropriate. No order for parenting time shall
refer | ||
merely to the term "reasonable parenting time".
| ||
Petitioner may deny respondent access to the minor | ||
child if, when
respondent arrives for parenting time, | ||
respondent is under the influence of drugs
or alcohol and | ||
constitutes a threat to the safety and well-being of
| ||
petitioner or petitioner's minor children or is behaving in | ||
a violent or
abusive manner.
| ||
If necessary to protect any member of petitioner's | ||
family or
household from future abuse, respondent shall be | ||
prohibited from coming to
petitioner's residence to meet | ||
the minor child for parenting time, and the
parties shall | ||
submit to the court their recommendations for reasonable
| ||
alternative arrangements for parenting time. A person may | ||
be approved to
supervise parenting time only after filing | ||
an affidavit accepting
that responsibility and | ||
acknowledging accountability to the court.
| ||
(8) Removal or concealment of minor child. Prohibit | ||
respondent from
removing a minor child from the State or | ||
concealing the child within the State.
| ||
(9) Order to appear. Order the respondent to appear in | ||
court, alone
or with a minor child, to prevent abuse, | ||
neglect, removal or concealment of
the child, to return the | ||
child to the custody or care of the petitioner or
to permit | ||
any court-ordered interview or examination of the child or |
the
respondent.
| ||
(10) Possession of personal property. Grant petitioner | ||
exclusive
possession of personal property and, if | ||
respondent has possession or
control, direct respondent to | ||
promptly make it available to petitioner, if:
| ||
(i) petitioner, but not respondent, owns the | ||
property; or
| ||
(ii) the parties own the property jointly; sharing | ||
it would risk
abuse of petitioner by respondent or is | ||
impracticable; and the balance of
hardships favors | ||
temporary possession by petitioner.
| ||
If petitioner's sole claim to ownership of the property | ||
is that it is
marital property, the court may award | ||
petitioner temporary possession
thereof under the | ||
standards of subparagraph (ii) of this paragraph only if
a | ||
proper proceeding has been filed under the Illinois | ||
Marriage and
Dissolution of Marriage Act, as now or | ||
hereafter amended.
| ||
No order under this provision shall affect title to | ||
property.
| ||
(11) Protection of property. Forbid the respondent | ||
from taking,
transferring, encumbering, concealing, | ||
damaging or otherwise disposing of
any real or personal | ||
property, except as explicitly authorized by the
court, if:
| ||
(i) petitioner, but not respondent, owns the | ||
property; or
|
(ii) the parties own the property jointly,
and the | ||
balance of hardships favors granting this remedy.
| ||
If petitioner's sole claim to ownership of the property | ||
is that it is
marital property, the court may grant | ||
petitioner relief under subparagraph
(ii) of this | ||
paragraph only if a proper proceeding has been filed under | ||
the
Illinois Marriage and Dissolution of Marriage Act, as | ||
now or hereafter amended.
| ||
The court may further prohibit respondent from | ||
improperly using the
financial or other resources of an | ||
aged member of the family or household
for the profit or | ||
advantage of respondent or of any other person.
| ||
(11.5) Protection of animals. Grant the petitioner the | ||
exclusive care, custody, or control of any animal owned, | ||
possessed, leased, kept, or held by either the petitioner | ||
or the respondent or a minor child residing in the | ||
residence or household of either the petitioner or the | ||
respondent and order the respondent to stay away from the | ||
animal and forbid the respondent from taking, | ||
transferring, encumbering, concealing, harming, or | ||
otherwise disposing of the animal.
| ||
(12) Order for payment of support. Order respondent to | ||
pay temporary
support for the petitioner or any child in | ||
the petitioner's care or over whom the petitioner has been | ||
allocated parental responsibility, when the respondent has | ||
a legal obligation to support that person,
in accordance |
with the Illinois Marriage and Dissolution
of Marriage Act, | ||
which shall govern, among other matters, the amount of
| ||
support, payment through the clerk and withholding of | ||
income to secure
payment. An order for child support may be | ||
granted to a petitioner with
lawful physical care of a | ||
child, or an order or agreement for
physical care of a | ||
child, prior to entry of an order allocating significant | ||
decision-making responsibility.
Such a support order shall | ||
expire upon entry of a valid order allocating parental | ||
responsibility differently and vacating the petitioner's | ||
significant decision-making authority, unless otherwise | ||
provided in the order.
| ||
(13) Order for payment of losses. Order respondent to | ||
pay petitioner for
losses suffered as a direct result of | ||
the abuse, neglect, or exploitation.
Such losses shall | ||
include, but not be limited to, medical expenses, lost
| ||
earnings or other support, repair or replacement of | ||
property damaged or taken,
reasonable attorney's fees, | ||
court costs and moving or other travel expenses,
including | ||
additional reasonable expenses for temporary shelter and | ||
restaurant
meals.
| ||
(i) Losses affecting family needs. If a party is | ||
entitled to seek
maintenance, child support or | ||
property distribution from the other party
under the | ||
Illinois Marriage and Dissolution of Marriage Act, as | ||
now or
hereafter amended, the court may order |
respondent to reimburse petitioner's
actual losses, to | ||
the extent that such reimbursement would be | ||
"appropriate
temporary relief", as authorized by | ||
subsection (a)(3) of Section 501 of
that Act.
| ||
(ii) Recovery of expenses. In the case of an | ||
improper concealment
or removal of a minor child, the | ||
court may order respondent to pay the
reasonable | ||
expenses incurred or to be incurred in the search for | ||
and recovery
of the minor child, including but not | ||
limited to legal fees, court costs,
private | ||
investigator fees, and travel costs.
| ||
(14) Prohibition of entry. Prohibit the respondent | ||
from entering or
remaining in the residence or household | ||
while the respondent is under the
influence of alcohol or | ||
drugs and constitutes a threat to the safety and
well-being | ||
of the petitioner or the petitioner's children.
| ||
(14.5) Prohibition of firearm possession.
| ||
(a) Prohibit a respondent against whom an order of | ||
protection was issued from possessing any firearms | ||
during the duration of the order if the order: | ||
(1) was issued after a hearing of which such | ||
person received
actual notice, and at which such | ||
person had an opportunity to
participate; | ||
(2) restrains such person from harassing, | ||
stalking, or
threatening an intimate partner of | ||
such person or child of such
intimate partner or |
person, or engaging in other conduct that
would | ||
place an intimate partner in reasonable fear of | ||
bodily
injury to the partner or child; and | ||
(3)(i) includes a finding that such person | ||
represents a
credible threat to the physical | ||
safety of such intimate partner
or child; or
(ii) | ||
by its terms explicitly prohibits the use, | ||
attempted
use, or threatened use of physical force | ||
against such intimate
partner or child that would | ||
reasonably be expected to cause
bodily injury. | ||
Any Firearm Owner's Identification Card in the
| ||
possession of the respondent, except as provided in | ||
subsection (b), shall be ordered by the court to be | ||
turned
over to the local law enforcement agency. The | ||
local law enforcement agency shall immediately mail | ||
the card to the Department of State Police Firearm | ||
Owner's Identification Card Office
for safekeeping. | ||
The court shall
issue a warrant for seizure of any | ||
firearm in the possession of the respondent, to be kept | ||
by the local law enforcement agency for safekeeping, | ||
except as provided in subsection (b).
The period of | ||
safekeeping shall be for the duration of the order of | ||
protection. The firearm or firearms and Firearm | ||
Owner's Identification Card, if unexpired, shall at | ||
the respondent's request, be returned to the | ||
respondent at the end
of the order of protection. It is |
the respondent's responsibility to notify the | ||
Department of State Police Firearm Owner's | ||
Identification Card Office.
| ||
(b) If the respondent is a peace officer as defined | ||
in Section 2-13 of
the
Criminal Code of 2012, the court | ||
shall order that any firearms used by the
respondent in | ||
the performance of his or her duties as a
peace officer | ||
be surrendered to
the chief law enforcement executive | ||
of the agency in which the respondent is
employed, who | ||
shall retain the firearms for safekeeping for the | ||
duration of the order of protection.
| ||
(c) Upon expiration of the period of safekeeping, | ||
if the firearms or Firearm Owner's Identification Card | ||
cannot be returned to respondent because respondent | ||
cannot be located, fails to respond to requests to | ||
retrieve the firearms, or is not lawfully eligible to | ||
possess a firearm, upon petition from the local law | ||
enforcement agency, the court may order the local law | ||
enforcement agency to destroy the firearms, use the | ||
firearms for training purposes, or for any other | ||
application as deemed appropriate by the local law | ||
enforcement agency; or that the firearms be turned over | ||
to a third party who is lawfully eligible to possess | ||
firearms, and who does not reside with respondent. | ||
(15) Prohibition of access to records. If an order of | ||
protection
prohibits respondent from having contact with |
the minor child,
or if petitioner's address is omitted | ||
under subsection (b) of
Section 203, or if necessary to | ||
prevent abuse or wrongful removal or
concealment of a minor | ||
child, the order shall deny respondent access to, and
| ||
prohibit respondent from inspecting, obtaining, or | ||
attempting to
inspect or obtain, school or any other | ||
records of the minor child
who is in the care of | ||
petitioner.
| ||
(16) Order for payment of shelter services. Order | ||
respondent to
reimburse a shelter providing temporary | ||
housing and counseling services to
the petitioner for the | ||
cost of the services, as certified by the shelter
and | ||
deemed reasonable by the court.
| ||
(17) Order for injunctive relief. Enter injunctive | ||
relief necessary
or appropriate to prevent further abuse of | ||
a family or household member
or further abuse, neglect, or | ||
exploitation of a high-risk adult with
disabilities or to | ||
effectuate one of the granted remedies, if supported by the
| ||
balance of hardships. If the harm to be prevented by the | ||
injunction is abuse
or any other harm that one of the | ||
remedies listed in paragraphs (1) through
(16) of this | ||
subsection is designed to prevent, no further evidence is
| ||
necessary that the harm is an irreparable injury.
| ||
(18) Telephone services. | ||
(A) Unless a condition described in subparagraph | ||
(B) of this paragraph exists, the court may, upon |
request by the petitioner, order a wireless telephone | ||
service provider to transfer to the petitioner the | ||
right to continue to use a telephone number or numbers | ||
indicated by the petitioner and the financial | ||
responsibility associated with the number or numbers, | ||
as set forth in subparagraph (C) of this paragraph. For | ||
purposes of this paragraph (18), the term "wireless | ||
telephone service provider" means a provider of | ||
commercial mobile service as defined in 47 U.S.C. 332. | ||
The petitioner may request the transfer of each | ||
telephone number that the petitioner, or a minor child | ||
in his or her custody, uses. The clerk of the court | ||
shall serve the order on the wireless telephone service | ||
provider's agent for service of process provided to the | ||
Illinois Commerce Commission. The order shall contain | ||
all of the following: | ||
(i) The name and billing telephone number of | ||
the account holder including the name of the | ||
wireless telephone service provider that serves | ||
the account. | ||
(ii) Each telephone number that will be | ||
transferred. | ||
(iii) A statement that the provider transfers | ||
to the petitioner all financial responsibility for | ||
and right to the use of any telephone number | ||
transferred under this paragraph. |
(B) A wireless telephone service provider shall | ||
terminate the respondent's use of, and shall transfer | ||
to the petitioner use of, the telephone number or | ||
numbers indicated in subparagraph (A) of this | ||
paragraph unless it notifies the petitioner, within 72 | ||
hours after it receives the order, that one of the | ||
following applies: | ||
(i) The account holder named in the order has | ||
terminated the account. | ||
(ii) A difference in network technology would | ||
prevent or impair the functionality of a device on | ||
a network if the transfer occurs. | ||
(iii) The transfer would cause a geographic or | ||
other limitation on network or service provision | ||
to the petitioner. | ||
(iv) Another technological or operational | ||
issue would prevent or impair the use of the | ||
telephone number if the transfer occurs. | ||
(C) The petitioner assumes all financial | ||
responsibility for and right to the use of any | ||
telephone number transferred under this paragraph. In | ||
this paragraph, "financial responsibility" includes | ||
monthly service costs and costs associated with any | ||
mobile device associated with the number. | ||
(D) A wireless telephone service provider may | ||
apply to the petitioner its routine and customary |
requirements for establishing an account or | ||
transferring a number, including requiring the | ||
petitioner to provide proof of identification, | ||
financial information, and customer preferences.
| ||
(E) Except for willful or wanton misconduct, a | ||
wireless telephone service provider is immune from | ||
civil liability for its actions taken in compliance | ||
with a court order issued under this paragraph. | ||
(F) All wireless service providers that provide | ||
services to residential customers shall provide to the | ||
Illinois Commerce Commission the name and address of an | ||
agent for service of orders entered under this | ||
paragraph (18). Any change in status of the registered | ||
agent must be reported to the Illinois Commerce | ||
Commission within 30 days of such change. | ||
(G) The Illinois Commerce Commission shall | ||
maintain the list of registered agents for service for | ||
each wireless telephone service provider on the | ||
Commission's website. The Commission may consult with | ||
wireless telephone service providers and the Circuit | ||
Court Clerks on the manner in which this information is | ||
provided and displayed. | ||
(c) Relevant factors; findings.
| ||
(1) In determining whether to grant a specific remedy, | ||
other than
payment of support, the court shall consider
| ||
relevant factors, including but not limited to the |
following:
| ||
(i) the nature, frequency, severity, pattern and | ||
consequences of the
respondent's past abuse, neglect | ||
or exploitation of the petitioner or
any family or | ||
household member, including the concealment of his or | ||
her
location in order to evade service of process or | ||
notice, and the likelihood of
danger of future abuse, | ||
neglect, or exploitation to petitioner or any member of
| ||
petitioner's or respondent's family or household; and
| ||
(ii) the danger that any minor child will be abused | ||
or neglected or
improperly relocated from the | ||
jurisdiction, improperly concealed within the
State or | ||
improperly separated from the child's primary | ||
caretaker.
| ||
(2) In comparing relative hardships resulting to the | ||
parties from loss
of possession of the family home, the | ||
court shall consider relevant
factors, including but not | ||
limited to the following:
| ||
(i) availability, accessibility, cost, safety, | ||
adequacy, location and
other characteristics of | ||
alternate housing for each party and any minor child
or | ||
dependent adult in the party's care;
| ||
(ii) the effect on the party's employment; and
| ||
(iii) the effect on the relationship of the party, | ||
and any minor
child or dependent adult in the party's | ||
care, to family, school, church
and community.
|
(3) Subject to the exceptions set forth in paragraph | ||
(4) of this
subsection, the court shall make its findings | ||
in an official record or in
writing, and shall at a minimum | ||
set forth the following:
| ||
(i) That the court has considered the applicable | ||
relevant factors
described in paragraphs (1) and (2) of | ||
this subsection.
| ||
(ii) Whether the conduct or actions of respondent, | ||
unless
prohibited, will likely cause irreparable harm | ||
or continued abuse.
| ||
(iii) Whether it is necessary to grant the | ||
requested relief in order
to protect petitioner or | ||
other alleged abused persons.
| ||
(4) For purposes of issuing an ex parte emergency order | ||
of protection,
the court, as an alternative to or as a | ||
supplement to making the findings
described in paragraphs | ||
(c)(3)(i) through (c)(3)(iii) of this subsection, may
use | ||
the following procedure:
| ||
When a verified petition for an emergency order of | ||
protection in
accordance with the requirements of Sections | ||
203 and 217 is
presented to the court, the court shall | ||
examine petitioner on oath or
affirmation. An emergency | ||
order of protection shall be issued by the court
if it | ||
appears from the contents of the petition and the | ||
examination of
petitioner that the averments are | ||
sufficient to indicate abuse by
respondent and to support |
the granting of relief under the issuance of the
emergency | ||
order of protection.
| ||
(5) Never married parties. No rights or | ||
responsibilities for a minor
child born outside of marriage | ||
attach to a putative father until a father and
child | ||
relationship has been established under the Illinois | ||
Parentage Act of
1984, the Illinois Parentage Act of 2015, | ||
the Illinois Public Aid Code, Section 12 of the Vital | ||
Records Act, the
Juvenile Court Act of 1987, the Probate | ||
Act of 1975 1985 , the Revised Uniform
Reciprocal | ||
Enforcement of Support Act, the Uniform Interstate Family | ||
Support
Act, the Expedited Child Support Act of 1990, any | ||
judicial, administrative, or
other act of another state or | ||
territory, any other Illinois statute, or by any
foreign | ||
nation establishing the father and child relationship, any | ||
other
proceeding substantially in conformity with the | ||
Personal Responsibility and
Work Opportunity | ||
Reconciliation Act of 1996 (Pub. L. 104-193), or where both
| ||
parties appeared in open court or at an administrative | ||
hearing acknowledging
under
oath or admitting by | ||
affirmation the existence of a father and child
| ||
relationship.
Absent such an adjudication, finding, or | ||
acknowledgment acknowledgement , no putative
father shall | ||
be granted
temporary allocation of parental | ||
responsibilities, including parenting time with the minor | ||
child, or
physical care and possession of the minor child, |
nor shall an order of payment
for support of the minor | ||
child be entered.
| ||
(d) Balance of hardships; findings. If the court finds that | ||
the balance
of hardships does not support the granting of a | ||
remedy governed by
paragraph (2), (3), (10), (11), or (16) of | ||
subsection (b) of this Section,
which may require such | ||
balancing, the court's findings shall so
indicate and shall | ||
include a finding as to whether granting the remedy will
result | ||
in hardship to respondent that would substantially outweigh the | ||
hardship
to petitioner from denial of the remedy. The findings | ||
shall be an official
record or in writing.
| ||
(e) Denial of remedies. Denial of any remedy shall not be | ||
based, in
whole or in part, on evidence that:
| ||
(1) Respondent has cause for any use of force, unless | ||
that cause
satisfies the standards for justifiable use of | ||
force provided by Article
7 of the Criminal Code of 2012;
| ||
(2) Respondent was voluntarily intoxicated;
| ||
(3) Petitioner acted in self-defense or defense of | ||
another, provided
that, if petitioner utilized force, such | ||
force was justifiable under
Article 7 of the Criminal Code | ||
of 2012;
| ||
(4) Petitioner did not act in self-defense or defense | ||
of another;
| ||
(5) Petitioner left the residence or household to avoid | ||
further abuse,
neglect, or exploitation by respondent;
| ||
(6) Petitioner did not leave the residence or household |
to avoid further
abuse, neglect, or exploitation by | ||
respondent;
| ||
(7) Conduct by any family or household member excused | ||
the abuse,
neglect, or exploitation by respondent, unless | ||
that same conduct would have
excused such abuse, neglect, | ||
or exploitation if the parties had not been
family or | ||
household members.
| ||
(Source: P.A. 99-85, eff. 1-1-16; 99-90, eff. 1-1-16; 99-642, | ||
eff. 7-28-16; 100-388, eff. 1-1-18; revised 10-6-17.)
| ||
Section 625. The Collaborative Process Act is amended by | ||
changing Section 5 as follows: | ||
(750 ILCS 90/5)
| ||
Sec. 5. Definitions. In this Act: | ||
(1) "Collaborative process communication" means a | ||
statement, whether oral or in a record, or verbal or nonverbal, | ||
that: | ||
(A) is made to conduct, participate in, continue, or | ||
reconvene a collaborative process; and | ||
(B) occurs after the parties sign a collaborative | ||
process participation agreement and before the | ||
collaborative process is concluded. | ||
(2) "Collaborative process participation agreement" means | ||
a written agreement by persons acting with informed consent to | ||
participate in a collaborative process, in which the persons |
agree to discharge their collaborative process lawyer and law | ||
firm if the collaborative process fails. | ||
(3) "Collaborative process" means a procedure intended to | ||
resolve a collaborative process matter without intervention by | ||
a court in which persons: | ||
(A) sign a collaborative process participation | ||
agreement; and | ||
(B) are represented by collaborative process lawyers. | ||
(4) "Collaborative process lawyer" means a lawyer who | ||
represents a party in a collaborative process and helps carry | ||
out the process of the agreement, but is not a party to the | ||
agreement. | ||
(5) "Collaborative process matter" means a dispute, | ||
transaction, claim, problem, or issue for resolution, | ||
including a dispute, claim, or issue in a proceeding, which is | ||
described in a collaborative process participation agreement | ||
and arises under the family or domestic relations law of this | ||
State, including: | ||
(A) marriage, divorce, dissolution, annulment, legal | ||
separation, and property distribution; | ||
(B) significant decision-making decision making and | ||
parenting time of children; | ||
(C) maintenance and child support; | ||
(D) adoption; | ||
(E) parentage; and | ||
(F) premarital, marital, and post-marital agreements. |
"Collaborative process matter" does not include any | ||
dispute, transaction, claim, problem, or issue that: (i) is the | ||
subject of a pending action under the Juvenile Court Act of | ||
1987; (ii) is under investigation by the Illinois Department of | ||
Children and Family Services pursuant to the Abused and | ||
Neglected Child Reporting Act; or (iii) resulted in a currently | ||
open case with the Illinois Department of Children and Family | ||
Services. | ||
(6) "Law firm" means: | ||
(A) lawyers who practice law together in a partnership, | ||
professional corporation, sole proprietorship, limited | ||
liability company, or association; and | ||
(B) lawyers employed in a legal services organization, | ||
law school or the legal department of a corporation or | ||
other organization. | ||
(7) "Nonparty participant" means a person, other than a | ||
party and the party's collaborative process lawyer, that | ||
participates in a collaborative process. | ||
(8) "Party" means a person other than a collaborative | ||
process lawyer that signs a collaborative process | ||
participation agreement and whose consent is necessary to | ||
resolve a collaborative process matter. | ||
(9) "Person" means an individual, corporation, business | ||
trust, estate, trust, partnership, limited liability company, | ||
association, joint venture, public corporation, government or | ||
governmental subdivision, agency, or instrumentality, or any |
other legal or commercial entity.
| ||
(10) "Proceeding" means a judicial or other adjudicative | ||
process before a court, including related prehearing and | ||
post-hearing motions, conferences, and discovery. | ||
(11) "Prospective party" means a person that discusses with | ||
a prospective collaborative process lawyer the possibility of | ||
signing a collaborative process participation agreement. | ||
(12) "Record" means information that is inscribed on a | ||
tangible medium or that is stored in an electronic or other | ||
medium and is retrievable in perceivable form. | ||
(13) "Related to a collaborative process matter" means | ||
involving the same parties, transaction or occurrence, nucleus | ||
of operative fact, dispute, claim, or issue as the | ||
collaborative process matter. | ||
(14) "Sign" means, with present intent to authenticate or | ||
adopt a record: | ||
(A) to execute or adopt a tangible symbol; or | ||
(B) to attach to or logically associate with the record | ||
an electronic symbol, sound, or process.
| ||
(Source: P.A. 100-205, eff. 1-1-18; revised 10-6-17.) | ||
Section 630. The Installment Sales Contract Act is amended | ||
by changing Sections 10 and 75 as follows: | ||
(765 ILCS 67/10)
| ||
Sec. 10. Terms and conditions of installment sales |
contracts.
| ||
(a) The seller of residential real estate by installment | ||
sales contract shall provide the buyer with a written contract | ||
that complies with the requirements set forth in this Section.
| ||
(b) Until both parties have a copy of the executed contract | ||
signed by the buyer and the seller with the signatures | ||
notarized, either party has the right to rescind the contract, | ||
in addition to all other remedies provided by this Act. Upon | ||
rescission, pursuant to this Section, the seller shall refund | ||
to the buyer all money paid to the seller as of the date of | ||
rescission.
| ||
(c) An installment sales contract for the sale of any | ||
residential real estate subject to the contract shall clearly | ||
and conspicuously disclose the following:
| ||
(1) The address, permanent index number, and legal | ||
description of the residential real estate subject to the | ||
contract. | ||
(2) The price of the residential real estate subject to | ||
the contract.
| ||
(3) The amount, if any, of any down payment applied to | ||
the price of the residential real estate subject to the | ||
contract and the resulting principal on the loan.
| ||
(4) The amount of the periodic payment, any grace | ||
periods for late payments, late payment fees, and to whom, | ||
where, and how the buyer should deliver each payment.
| ||
(5) The interest rate being charged, if any, expressed |
only as an annual percentage rate. | ||
(6) The term of the loan expressed in years and months | ||
and the total number of periodic payments due. | ||
(7) The amount, if any, of any balloon payments and | ||
when each balloon payment is due.
| ||
(8) A statement outlining whether the seller or the | ||
buyer is responsible for paying real estate taxes and | ||
insurance and how responsibilities of the buyer and seller | ||
change based on the time period the residential real estate | ||
subject to the contract is occupied by the buyer and what | ||
percentage of the principal is paid down. In all | ||
circumstances not defined in the disclosure required by | ||
this subsection, the seller has the responsibility for | ||
paying real estate taxes and insurance.
| ||
(9) The amount that will be charged periodically, if | ||
any, for the first year to pay real estate taxes. | ||
(10) The amount that will be charged periodically, if | ||
any, for the first year to pay insurance.
| ||
(11) A statement that the amounts listed in items (9) | ||
and (10) of this subsection are subject to change each | ||
year.
| ||
(12) The fair cash value as defined in the Property Tax | ||
Code and set forth on the real estate tax bill for the year | ||
immediately prior to the sale, and the assessed value of | ||
the property as set forth on the real estate tax bill for | ||
the year immediately prior to the sale.
|
(13) The amount of real estate taxes for the year | ||
immediately prior to the sale.
| ||
(14) Any unpaid amounts owing on prior real estate | ||
taxes.
| ||
(15) The amount of the annual insurance payment for the | ||
year immediately prior to the sale.
| ||
(16) The type of insurance coverage, including, but not | ||
limited to, property insurance and title insurance, for the | ||
buyer and seller that will be required or provided.
| ||
(17) The seller's interest in the structure being sold.
| ||
(18) Any known liens or mortgages or other title | ||
limitations existing on the property.
| ||
(19) An explanation as to when the buyer will obtain | ||
the title. | ||
(20) A statement defining what repairs the buyer is | ||
financially responsible for making to the residential real | ||
estate subject to the contract, if any, and how | ||
responsibilities of the buyer and seller to repair the | ||
property change based on the time period the residential | ||
real estate subject to the contract is occupied by the | ||
buyer and what percentage of the principal is paid down by | ||
any repairs made by the buyer. In all circumstances not | ||
defined in the disclosure required by this subsection, the | ||
seller has the financial responsibility for all repairs | ||
required to be made pursuant to the installment sales | ||
contract. |
(21) A statement defining what, if any, alterations of | ||
the property must be approved by both the buyer and the | ||
seller prior to the alterations being made, including | ||
requirements to provide evidence of proper permits, | ||
insurance, and lien waiver agreements. | ||
(22) Any additional charges or fees due at the time of | ||
the date of sale or at a later date.
| ||
(23) An amortization schedule, as defined in Section 5.
| ||
(24) A certificate of compliance with applicable | ||
dwelling codes, or in the absence of such a certificate: | ||
(i) an express written warranty that no notice from any | ||
municipality or other governmental authority of a dwelling | ||
code violation that existed with respect to the residential | ||
real estate subject to the contract before the installment | ||
sales contract was executed had been received by the | ||
seller, his or her principal, or his or her agent within 10 | ||
years of the date of execution of the installment sales | ||
contract; or (ii) if any notice of a violation had been | ||
received, a list of all such notices with a detailed | ||
statement of all violations referred to in the notice. | ||
(25) A statement, in large bold font stating in | ||
substantially similar form: "NOTE TO BUYER: BEFORE SIGNING | ||
THE CONTRACT THE BUYER HAS THE OPTION OF OBTAINING AN | ||
INDEPENDENT THIRD PARTY INSPECTION AND/OR APPRAISAL SO | ||
THAT THE BUYER CAN DETERMINE THE CONDITION AND ESTIMATED | ||
MARKET VALUE OF THE RESIDENTIAL REAL ESTATE AND DECIDE |
WHETHER TO SIGN THE CONTRACT." .
| ||
(26) If the residential real estate or any dwelling | ||
structure thereon that is subject to the contract has been | ||
condemned by the unit of government having jurisdiction, | ||
the contract shall include a statement, in large bold font | ||
stating in substantially similar form: "NOTE TO BUYER: THE | ||
RESIDENTIAL REAL ESTATE BEING SOLD THROUGH THIS CONTRACT | ||
HAS BEEN CONDEMNED BY THE UNIT OF GOVERNMENT HAVING | ||
JURISDICTION." .
| ||
(27) A statement that the seller provided the buyer the | ||
installment sales contract disclosure prepared by the | ||
Office of the Attorney General as required under Illinois | ||
State law. The statement shall include the date on which | ||
the buyer was provided with the disclosure, which must be | ||
at least 3 full business days before the contract was | ||
executed.
| ||
(28) A statement that: (i) if the buyer defaults in | ||
payment, any action brought against the buyer under the | ||
contract shall be initiated only after the expiration of 90 | ||
days from the date of the default; and (ii) a buyer in | ||
default may, prior to the expiration of the 90-day period, | ||
make all payments, fees and charges currently due under the | ||
contract to cure the default.
| ||
(d) The requirements of this Section cannot be waived by | ||
the buyer or seller.
| ||
(Source: P.A. 100-416, eff. 1-1-18; revised 10-6-17.) |
(765 ILCS 67/75)
| ||
Sec. 75. Installment sales contract disclosures.
| ||
(a) The Office of the Attorney General shall develop the | ||
content and format of an educational document providing | ||
independent consumer information regarding installment sales | ||
contracts and the availability of independent housing | ||
counseling services, including services provided by nonprofit | ||
agencies certified by the federal government to provide housing | ||
counseling. The document shall be updated and revised as often | ||
as deemed necessary by the Office of the Attorney General.
| ||
(b) The document described in subsection (a) of this | ||
Section shall include the following statement: "IMPORTANT | ||
NOTICE REGARDING THE COOLING-OFF PERIOD: Illinois State law | ||
requires a 3-day cooling-off period for installment sales | ||
contracts, during which time a potential buyer cannot be | ||
required to close or proceed with the contract. The purpose of | ||
this requirement is to provide a potential buyer with 3 | ||
business days to consider his or her decision whether to sign | ||
an installment sales contract. Potential buyers may want to | ||
seek additional information from a HUD-approved housing | ||
counselor during this 3-day period. The 3-day cooling-off | ||
period cannot be waived." .
| ||
(Source: P.A. 100-416, eff. 1-1-18; revised 10-6-17.) | ||
Section 635. The Statute Concerning Perpetuities is |
amended by changing Section 6 as follows:
| ||
(765 ILCS 305/6) (from Ch. 30, par. 196)
| ||
Sec. 6. Application of Act Effective
date . This Act shall | ||
apply only to instruments, including instruments which
| ||
exercise a power of appointment, which become effective after | ||
the effective
date of this Act.
| ||
(Source: P.A. 76-1428; revised 10-6-17.)
| ||
Section 640. The Condominium Property Act is amended by | ||
changing Sections 18, 19, and 27 as follows:
| ||
(765 ILCS 605/18) (from Ch. 30, par. 318)
| ||
Sec. 18. Contents of bylaws. The bylaws shall provide for | ||
at least
the following:
| ||
(a)(1) The election from among the unit owners of a | ||
board of managers,
the number of persons constituting such | ||
board, and that the terms of at
least one-third of the | ||
members of the board shall expire annually and that
all | ||
members of the board shall be elected at large; if there | ||
are multiple owners of a single unit, only one of the | ||
multiple
owners shall be eligible to serve as a member of | ||
the board at any one time;
| ||
(2) the powers and duties of the board;
| ||
(3) the compensation, if any, of the members of the | ||
board;
|
(4) the method of removal from office of members of the | ||
board;
| ||
(5) that the board may engage the services of a manager | ||
or managing agent;
| ||
(6) that each unit owner shall receive, at least 25 | ||
days prior to the
adoption thereof by the board of | ||
managers, a copy of the proposed annual
budget together | ||
with an indication of which portions are intended for
| ||
reserves, capital expenditures or repairs or payment of | ||
real estate taxes;
| ||
(7) that the board of managers shall annually supply to
| ||
all unit owners an itemized accounting of the common | ||
expenses
for the preceding year actually incurred or paid, | ||
together
with an indication of which portions were for | ||
reserves, capital
expenditures or repairs or payment of | ||
real estate taxes and
with a tabulation of the amounts | ||
collected pursuant to the
budget or assessment, and showing | ||
the net excess or
deficit of income over expenditures plus | ||
reserves;
| ||
(8)(i) that each unit owner shall receive notice, in | ||
the same manner
as is provided in this Act for membership | ||
meetings, of any meeting of the
board of managers | ||
concerning the adoption of the proposed annual budget and
| ||
regular assessments pursuant thereto or to adopt a separate | ||
(special)
assessment, (ii) that except as provided in | ||
subsection (iv) below, if an
adopted
budget or any separate |
assessment adopted by the board would result in the
sum of | ||
all regular and separate assessments payable in the current | ||
fiscal year
exceeding 115% of the sum of all regular and | ||
separate
assessments payable during the
preceding fiscal | ||
year, the
board of managers, upon written petition by unit | ||
owners with 20 percent of
the votes of the association | ||
delivered to the board within 21
days of the board action,
| ||
shall call a meeting of the unit owners within 30 days of | ||
the date of
delivery of the petition to consider the budget | ||
or separate
assessment; unless a
majority of
the total | ||
votes of the unit owners are cast at the meeting to reject | ||
the
budget or separate assessment,
it is ratified, (iii) | ||
that any common expense not set forth in the budget or
any | ||
increase in assessments over the amount adopted in the | ||
budget shall be
separately assessed against all unit | ||
owners, (iv) that separate assessments for
expenditures | ||
relating to emergencies or mandated by law may be adopted | ||
by the
board of managers without being subject to unit | ||
owner approval or the
provisions of item (ii) above or item | ||
(v) below. As used
herein, "emergency" means an immediate | ||
danger to the structural integrity of
the
common elements | ||
or to the life, health, safety or property of the unit | ||
owners,
(v) that assessments
for additions and alterations | ||
to the common elements or to association-owned
property not | ||
included in the adopted annual budget, shall be separately
| ||
assessed and are subject to approval of two-thirds of the |
total votes of all
unit owners, (vi) that the board of | ||
managers may adopt separate assessments
payable over more | ||
than one fiscal year. With respect to multi-year | ||
assessments
not governed by items (iv) and (v), the entire | ||
amount of the multi-year
assessment shall be deemed | ||
considered and authorized in the first fiscal year
in which | ||
the assessment is approved;
| ||
(9)(A) that every meeting of the board of managers | ||
shall be open to any unit
owner, except that the board may | ||
close any portion of a noticed meeting or meet separately | ||
from a noticed meeting to: (i) discuss litigation
when an | ||
action against or on behalf of the particular association | ||
has been
filed and is pending in a court or administrative | ||
tribunal,
or when the board of managers finds that such an | ||
action is probable
or imminent, (ii) discuss the | ||
appointment, employment, engagement,
or dismissal of an | ||
employee, independent contractor, agent, or other provider | ||
of goods and services, (iii) interview a potential | ||
employee, independent contractor, agent, or other provider | ||
of goods and services, (iv) discuss violations of rules and
| ||
regulations of the association, (v) discuss a unit owner's | ||
unpaid share of common
expenses, or (vi) consult with the | ||
association's legal counsel; that any vote on these matters | ||
shall take place at a meeting of the board of managers or
| ||
portion thereof open to any unit owner; | ||
(B) that board members may participate in and act at |
any meeting of the board of managers in person, by | ||
telephonic means, or by use of any acceptable technological | ||
means whereby all persons participating in the meeting can | ||
communicate with each other; that participation | ||
constitutes attendance and presence in person at the | ||
meeting; | ||
(C) that any unit owner may record the
proceedings at | ||
meetings of the board of managers or portions thereof | ||
required to be open by this
Act by tape, film or other | ||
means, and that the board may prescribe reasonable
rules | ||
and regulations to govern the right to make such | ||
recordings; | ||
(D) that
notice of every meeting of the board of | ||
managers shall be given to every board member at least 48 | ||
hours
prior thereto, unless the board member waives notice | ||
of the meeting pursuant to subsection (a) of Section 18.8; | ||
and | ||
(E) that notice of every meeting
of the board of | ||
managers shall be posted in entranceways,
elevators, or | ||
other conspicuous places in the condominium at least 48 | ||
hours
prior to the meeting of the board of managers except | ||
where there is no
common entranceway for 7 or more units, | ||
the board of managers may designate
one or more locations | ||
in the proximity of these units where the notices of
| ||
meetings shall be posted; that notice of every meeting of | ||
the board of managers shall also be given at least 48 hours |
prior to the meeting, or such longer notice as this Act may | ||
separately require, to: (i) each unit owner who has | ||
provided the association with written authorization to | ||
conduct business by acceptable technological means, and | ||
(ii) to the extent that the condominium instruments of an | ||
association require, to each other unit owner, as required | ||
by subsection (f) of Section 18.8, by mail or delivery, and | ||
that no other notice of a meeting of the board of managers | ||
need be given to any unit owner;
| ||
(10) that the board shall meet at least 4 times | ||
annually;
| ||
(11) that no member of the board or officer shall be | ||
elected for a term
of more than 2 years, but that officers | ||
and board members may succeed
themselves;
| ||
(12) the designation of an officer to mail and receive | ||
all notices and
execute amendments to condominium | ||
instruments as provided for in this Act
and in the | ||
condominium instruments;
| ||
(13) the method of filling vacancies on the board
which | ||
shall include authority for the remaining members of the | ||
board to
fill the vacancy by two-thirds vote until the next | ||
annual meeting of unit
owners or for a period terminating | ||
no later than 30 days following the
filing of a petition | ||
signed by unit owners holding 20% of the votes of the
| ||
association requesting a meeting of the unit owners to fill | ||
the vacancy for
the balance of the term, and that a meeting |
of the unit owners shall be
called for purposes of filling | ||
a vacancy on the board no later than 30 days
following the | ||
filing of a petition signed by unit owners holding 20% of | ||
the
votes of the association requesting such a meeting, and | ||
the method of filling
vacancies among the officers that | ||
shall include the authority for the members
of the board to | ||
fill the vacancy for the unexpired portion of the term;
| ||
(14) what percentage of the board of managers, if other | ||
than a majority,
shall constitute a quorum;
| ||
(15) provisions concerning notice of board meetings to | ||
members of the
board;
| ||
(16) the board of managers may not enter into a | ||
contract with a
current board member
or with a corporation | ||
or partnership in which a board
member or a member of the | ||
board member's immediate family has 25% or
more interest, | ||
unless notice of intent to enter the
contract is given to | ||
unit owners within 20 days after a decision is made
to | ||
enter into the contract and the unit owners are
afforded an | ||
opportunity by filing a petition, signed by 20% of the unit
| ||
owners, for an election to approve or disapprove the | ||
contract;
such petition shall be filed within 30 days after | ||
such notice and such
election shall be held within 30 days | ||
after filing the petition; for purposes
of this subsection, | ||
a board member's immediate family means the board member's
| ||
spouse, parents, and children;
| ||
(17) that the board of managers may disseminate
to unit |
owners biographical and background information about | ||
candidates for
election to the board if (i) reasonable | ||
efforts to identify all candidates are
made and all | ||
candidates are given an opportunity to include | ||
biographical and
background information in the information | ||
to be disseminated; and (ii) the
board does not express a | ||
preference in favor of any candidate;
| ||
(18) any proxy distributed for board elections
by the | ||
board of managers gives unit owners the
opportunity to | ||
designate any person as the proxy holder, and gives the | ||
unit
owner the opportunity to express a preference for any | ||
of the known
candidates for the board or to write in a | ||
name;
| ||
(19) that special meetings of the board of managers can | ||
be called by
the president or 25% of the members of the | ||
board;
| ||
(20) that the board of managers may establish
and | ||
maintain a system of master metering of public utility | ||
services and
collect payments in connection therewith, | ||
subject to the requirements of the
Tenant Utility Payment | ||
Disclosure Act; and
| ||
(21) that the board may ratify and confirm actions of | ||
the
members of the board taken in response to an emergency, | ||
as that
term is defined in subdivision (a)(8)(iv) of this | ||
Section; that
the board shall give notice to the unit | ||
owners of: (i) the
occurrence of the emergency event within |
7 business days after
the emergency event, and (ii) the | ||
general description of the
actions taken to address the | ||
event within 7 days after the
emergency event. | ||
The intent of the provisions of Public Act 99-472 | ||
adding this paragraph (21) is to empower and support boards | ||
to act in
emergencies. | ||
(b)(1) What percentage of the unit owners, if other | ||
than 20%, shall
constitute a quorum provided that, for | ||
condominiums with 20 or more units,
the percentage of unit | ||
owners constituting a quorum shall be 20% unless the
unit | ||
owners holding a majority of the percentage interest in the
| ||
association provide for a higher percentage, provided that | ||
in voting on amendments to the association's bylaws, a unit | ||
owner who is in arrears on the unit owner's regular or | ||
separate assessments for 60 days or more, shall not be | ||
counted for purposes of determining if a quorum is present, | ||
but that unit owner retains the right to vote on amendments | ||
to the association's bylaws;
| ||
(2) that the association shall have one class of | ||
membership;
| ||
(3) that the members shall hold an annual meeting, one | ||
of the purposes
of which shall be to elect members of the | ||
board of managers;
| ||
(4) the method of calling meetings of the unit owners;
| ||
(5) that special meetings of the members can be called | ||
by the president,
board of managers, or by 20% of unit |
owners;
| ||
(6) that written notice of any membership meeting shall | ||
be mailed
or delivered giving members no less than 10 and | ||
no more than 30 days
notice of the time, place and purpose | ||
of such meeting except that notice may be sent, to the | ||
extent the condominium instruments or rules adopted | ||
thereunder expressly so provide, by electronic | ||
transmission consented to by the unit owner to whom the | ||
notice is given, provided the director and officer or his | ||
agent certifies in writing to the delivery by electronic | ||
transmission;
| ||
(7) that voting shall be on a percentage basis, and | ||
that the percentage
vote to which each unit is entitled is | ||
the percentage interest of the
undivided ownership of the | ||
common elements appurtenant thereto, provided
that the | ||
bylaws may provide for approval by unit owners in | ||
connection with
matters where the requisite approval on a | ||
percentage basis is not specified
in this Act, on the basis | ||
of one vote per unit;
| ||
(8) that, where there is more than one owner of a unit, | ||
if only one
of the multiple owners is present at a meeting | ||
of the association, he is
entitled to cast all the votes | ||
allocated to that unit, if more than one of
the multiple | ||
owners are present, the votes allocated to that unit may be
| ||
cast only in accordance with the agreement of a majority in | ||
interest of the
multiple owners, unless the declaration |
expressly provides otherwise, that
there is majority | ||
agreement if any one of the multiple owners cast the
votes | ||
allocated to that unit without protest being made promptly | ||
to the
person presiding over the meeting by any of the | ||
other owners of the unit;
| ||
(9)(A) except as provided in subparagraph (B) of this | ||
paragraph (9) in
connection with board elections, that
a | ||
unit owner may vote by proxy executed in writing by the | ||
unit
owner or by his duly authorized attorney in fact; that | ||
the proxy must bear the date of
execution
and, unless the | ||
condominium instruments or the written proxy itself | ||
provide
otherwise, is
invalid after 11 months from the date | ||
of its execution; to the extent the condominium instruments | ||
or rules adopted thereunder expressly so provide, a vote or | ||
proxy may be submitted by electronic transmission, | ||
provided that any such electronic transmission shall | ||
either set forth or be submitted with information from | ||
which it can be determined that the electronic transmission | ||
was authorized by the unit owner or the unit owner's proxy;
| ||
(B) that if a rule adopted at least 120 days before a | ||
board election
or the
declaration or bylaws provide for | ||
balloting as set forth in this subsection,
unit
owners may | ||
not vote by proxy in board elections, but may vote only (i) | ||
by
submitting an association-issued ballot in person at the | ||
election meeting or
(ii) by
submitting an | ||
association-issued ballot to the association or its |
designated
agent
by mail or other means of delivery | ||
specified in the declaration, bylaws, or
rule; that
the | ||
ballots shall be mailed or otherwise distributed to unit | ||
owners not less
than 10
and not more than 30 days before | ||
the election meeting, and the board shall give
unit owners | ||
not less than 21 days' prior written notice of the deadline | ||
for
inclusion of a candidate's name on the ballots; that | ||
the deadline shall be no
more
than 7 days before the | ||
ballots are mailed or otherwise distributed to unit
owners; | ||
that
every such ballot must include the names of all | ||
candidates who have given the
board or its authorized agent | ||
timely written notice of their candidacy and must
give the | ||
person casting the ballot the opportunity to cast votes for | ||
candidates
whose names do not appear on the ballot; that a | ||
ballot received by the
association
or
its designated agent | ||
after the close of voting shall not be counted; that a
unit
| ||
owner
who submits a ballot by mail or other means of | ||
delivery specified in the
declaration, bylaws, or rule may | ||
request and cast a ballot in person at the
election
| ||
meeting, and thereby void any ballot previously submitted | ||
by that unit owner; | ||
(B-5) that if a rule adopted at least 120 days before a | ||
board election or the declaration or bylaws provide for | ||
balloting as set forth in this subparagraph, unit owners | ||
may not vote by proxy in board elections, but may vote only | ||
(i) by submitting an association-issued ballot in person at |
the election meeting; or (ii) by any acceptable | ||
technological means as defined in Section 2 of this Act; | ||
instructions regarding the use of electronic means for | ||
voting shall be distributed to all unit owners not less | ||
than 10 and not more than 30 days before the election | ||
meeting, and the board shall give unit owners not less than | ||
21 days' prior written notice of the deadline for inclusion | ||
of a candidate's name on the ballots; the deadline shall be | ||
no more than 7 days before the instructions for voting | ||
using electronic or acceptable technological means is | ||
distributed to unit owners; every instruction notice must | ||
include the names of all candidates who have given the | ||
board or its authorized agent timely written notice of | ||
their candidacy and must give the person voting through | ||
electronic or acceptable technological means the | ||
opportunity to cast votes for candidates whose names do not | ||
appear on the ballot; a unit owner who submits a vote using | ||
electronic or acceptable technological means may request | ||
and cast a ballot in person at the election meeting, | ||
thereby voiding any vote previously submitted by that unit | ||
owner;
| ||
(C) that if a written petition by unit owners with at | ||
least 20% of the
votes of
the association is delivered to | ||
the board within 30 days after the board's
approval
of a | ||
rule adopted pursuant to subparagraph (B) or subparagraph | ||
(B-5) of this paragraph (9), the board
shall call a meeting |
of the unit owners within 30 days after the date of
| ||
delivery of
the petition; that unless a majority of the | ||
total votes of the unit owners are
cast
at the
meeting to | ||
reject the rule, the rule is ratified;
| ||
(D) that votes cast by ballot under subparagraph (B) or | ||
electronic or acceptable technological means under | ||
subparagraph (B-5) of this paragraph (9) are valid for the | ||
purpose of establishing a quorum; | ||
(10) that the association may, upon adoption of the | ||
appropriate rules by
the board of managers, conduct | ||
elections by secret ballot whereby the voting
ballot is | ||
marked only with the percentage interest for the unit and | ||
the vote
itself, provided that the board further adopt | ||
rules to verify the status of the
unit owner issuing a | ||
proxy or casting a ballot; and further, that a candidate
| ||
for election to the board of managers or such
candidate's | ||
representative shall have the right to be present at the
| ||
counting of ballots at such election;
| ||
(11) that in the event of a resale of a condominium | ||
unit the purchaser
of a unit from a seller other than the | ||
developer pursuant to an installment sales
contract for | ||
purchase shall during such times as he or she resides in | ||
the
unit be counted toward a quorum for purposes of | ||
election of members of the
board of managers at any meeting | ||
of the unit owners called for purposes of
electing members | ||
of the board, shall have the right to vote for the
election |
of members of the board of managers and to be elected to | ||
and serve
on the board of managers unless the seller | ||
expressly retains in writing any
or all of such rights. In | ||
no event may the seller and purchaser both be
counted | ||
toward a quorum, be permitted to vote for a particular | ||
office or be
elected and serve on the board. Satisfactory | ||
evidence of the installment sales contract
shall be made | ||
available to the association or its agents. For
purposes of | ||
this subsection, "installment sales contract" shall have | ||
the same
meaning as set forth in Section 5 of the | ||
Installment Sales Contract Act and Section 1(e) of the | ||
Dwelling Unit Installment Contract Act;
| ||
(12) the method by which matters subject to the | ||
approval of unit owners
set forth in this Act, or in the | ||
condominium instruments, will be
submitted to the unit | ||
owners at special membership meetings called for such
| ||
purposes; and
| ||
(13) that matters subject to the affirmative vote of | ||
not less than 2/3
of the votes of unit owners at a meeting | ||
duly called for that purpose,
shall include, but not be | ||
limited to:
| ||
(i) merger or consolidation of the association;
| ||
(ii) sale, lease, exchange, or other disposition | ||
(excluding the mortgage
or pledge) of all, or | ||
substantially all of the property and assets of the
| ||
association; and
|
(iii) the purchase or sale of land or of units on | ||
behalf of all unit owners.
| ||
(c) Election of a president from among the board of | ||
managers, who shall
preside over the meetings of the board | ||
of managers and of the unit owners.
| ||
(d) Election of a secretary from among the board of | ||
managers, who shall
keep the minutes of all meetings
of the | ||
board of managers and of the unit owners and who shall, in | ||
general,
perform all the duties incident to the office of | ||
secretary.
| ||
(e) Election of a treasurer from among the board of | ||
managers, who shall
keep the financial records and
books of | ||
account.
| ||
(f) Maintenance, repair and replacement of the common | ||
elements and
payments therefor, including the method of | ||
approving payment vouchers.
| ||
(g) An association with 30 or more units shall obtain | ||
and maintain
fidelity insurance covering persons who | ||
control or disburse funds of the
association for the | ||
maximum amount of coverage available to protect funds
in | ||
the custody or control of the association plus the | ||
association reserve
fund. All management companies which | ||
are responsible for the funds held or
administered by the | ||
association shall maintain and furnish to the
association a | ||
fidelity bond for the maximum amount of coverage available | ||
to
protect funds in the custody of the management company |
at any time. The
association shall bear the cost of the | ||
fidelity insurance and fidelity
bond, unless otherwise | ||
provided by contract between the association and a
| ||
management company. The association shall be the direct | ||
obligee of any
such fidelity bond. A management company | ||
holding reserve funds of an
association shall at all times | ||
maintain a separate account for each
association, | ||
provided, however, that for investment purposes, the Board | ||
of
Managers of an association may authorize a management | ||
company to maintain
the association's reserve funds in a | ||
single interest bearing account with
similar funds of other | ||
associations. The management company shall at all
times | ||
maintain records identifying all moneys of each | ||
association in such
investment account. The management | ||
company may hold all operating funds of
associations which | ||
it manages in a single operating account but shall at
all | ||
times maintain records identifying all moneys of each | ||
association in
such operating account. Such operating and | ||
reserve funds held by the
management company for the | ||
association shall not be subject to attachment
by any | ||
creditor of the management company.
| ||
For the purpose of this subsection, a management | ||
company shall be
defined as a person, partnership, | ||
corporation, or other legal entity
entitled to transact | ||
business on behalf of others, acting on behalf of or
as an | ||
agent for a unit owner, unit owners or association of unit |
owners for
the purpose of carrying out the duties, | ||
responsibilities, and other
obligations necessary for the | ||
day to day operation and management of any
property subject | ||
to this Act. For purposes of this subsection, the term
| ||
"fiduciary insurance coverage" shall be defined as both a | ||
fidelity bond and
directors and officers liability | ||
coverage, the fidelity bond in the full
amount of | ||
association funds and association reserves that will be in | ||
the
custody of the association, and the directors and | ||
officers liability
coverage at a level as shall be | ||
determined to be reasonable by the board of
managers, if | ||
not otherwise established by the declaration or by laws.
| ||
Until one year after September 21, 1985 (the effective | ||
date of Public Act 84-722),
if a condominium association | ||
has reserves plus assessments in excess of
$250,000 and | ||
cannot reasonably obtain 100% fidelity bond coverage for | ||
such
amount, then it must obtain a fidelity bond coverage | ||
of $250,000.
| ||
(h) Method of estimating the amount of the annual | ||
budget, and the manner
of assessing and collecting from the | ||
unit owners their respective shares of
such estimated | ||
expenses, and of any other expenses lawfully agreed upon.
| ||
(i) That upon 10 days notice to the manager or board of | ||
managers and
payment of a reasonable fee, any unit owner | ||
shall be furnished a statement
of his account setting forth | ||
the amount of any unpaid assessments or other
charges due |
and owing from such owner.
| ||
(j) Designation and removal of personnel necessary for | ||
the maintenance,
repair and replacement of the common | ||
elements.
| ||
(k) Such restrictions on and requirements respecting | ||
the use and
maintenance of the units and the use of the | ||
common elements, not set forth
in the declaration, as are | ||
designed to prevent unreasonable interference
with the use | ||
of their respective units and of the common elements by the
| ||
several unit owners.
| ||
(l) Method of adopting and of amending administrative | ||
rules and
regulations governing the operation and use of | ||
the common elements.
| ||
(m) The percentage of votes required to modify or amend | ||
the bylaws, but
each one of the particulars set forth in | ||
this section shall always be
embodied in the bylaws.
| ||
(n)(i) The provisions of this Act, the declaration, | ||
bylaws, other
condominium instruments, and rules and | ||
regulations that relate to the use
of the individual unit | ||
or the common elements shall be applicable to
any person | ||
leasing a unit and shall be deemed to be incorporated in | ||
any
lease executed or renewed on or after August 30, 1984 | ||
(the effective date of Public Act 83-1271). | ||
(ii) With regard to any lease entered into subsequent | ||
to July 1, 1990 (the
effective date of Public Act 86-991), | ||
the unit owner leasing the
unit shall deliver a copy of the |
signed lease to the board or if the
lease is oral, a | ||
memorandum of the lease, not later than the date of
| ||
occupancy or 10 days after the lease is signed, whichever | ||
occurs first. In
addition to any other remedies, by filing | ||
an action jointly against the
tenant and the unit owner, an | ||
association may seek to enjoin a tenant from
occupying a | ||
unit or seek to evict a tenant under the provisions of | ||
Article
IX of the Code of Civil Procedure for failure of | ||
the lessor-owner to
comply with the leasing requirements | ||
prescribed by
this Section or by the declaration, bylaws, | ||
and
rules and regulations. The board of managers may | ||
proceed directly against a
tenant, at law or in equity, or | ||
under the provisions of Article IX of the
Code of Civil | ||
Procedure, for any other breach by tenant of any
covenants, | ||
rules, regulations or bylaws.
| ||
(o) The association shall have no authority to forbear | ||
the payment
of assessments by any unit owner.
| ||
(p) That when 30% or fewer of the units, by number,
| ||
possess over 50% in the aggregate of the votes in the | ||
association,
any percentage vote of members specified | ||
herein or in the condominium
instruments shall require the | ||
specified percentage by number of units
rather than by | ||
percentage of interest in the common elements allocated
to | ||
units that would otherwise be applicable and garage units | ||
or storage units, or both, shall have, in total, no more | ||
votes than their aggregate percentage of ownership in the |
common elements; this shall mean that if garage units or | ||
storage units, or both, are to be given a vote, or portion | ||
of a vote, that the association must add the total number | ||
of votes cast of garage units, storage units, or both, and | ||
divide the total by the number of garage units, storage | ||
units, or both, and multiply by the aggregate percentage of | ||
ownership of garage units and storage units to determine | ||
the vote, or portion of a vote, that garage units or | ||
storage units, or both, have. For purposes of this | ||
subsection (p), when making a determination of whether 30% | ||
or fewer of the units, by number, possess over 50% in the | ||
aggregate of the votes in the association, a unit shall not | ||
include a garage unit or a storage unit.
| ||
(q) That a unit owner may not assign, delegate, | ||
transfer, surrender, or
avoid the duties, | ||
responsibilities, and liabilities of a unit owner under | ||
this
Act, the condominium instruments, or the rules and | ||
regulations of the
Association; and that such an attempted | ||
assignment, delegation, transfer,
surrender, or avoidance | ||
shall be deemed void.
| ||
The provisions of this Section are applicable to all | ||
condominium
instruments recorded under this Act. Any portion of | ||
a condominium
instrument which contains provisions contrary to | ||
these provisions shall be
void as against public policy and | ||
ineffective. Any such instrument which
fails to contain the | ||
provisions required by this Section shall be deemed to
|
incorporate such provisions by operation of law.
| ||
(Source: P.A. 99-472, eff. 6-1-16; 99-567, eff. 1-1-17; 99-642, | ||
eff. 7-28-16; 100-292, eff. 1-1-18; 100-416, eff. 1-1-18; | ||
revised 10-6-17.)
| ||
(765 ILCS 605/19) (from Ch. 30, par. 319)
| ||
Sec. 19. Records of the association; availability for | ||
examination.
| ||
(a) The board of managers of every association shall keep | ||
and maintain the
following records, or true and complete copies | ||
of these records, at the
association's principal office:
| ||
(1) the association's declaration, bylaws, and plats | ||
of survey, and all
amendments of these;
| ||
(2) the rules and regulations of the association, if | ||
any;
| ||
(3) if the association is incorporated as a | ||
corporation, the articles
of incorporation of the | ||
association and all amendments to the articles of
| ||
incorporation;
| ||
(4) minutes of all meetings of the association and its | ||
board of managers
for the immediately preceding 7 years;
| ||
(5) all current policies of insurance of the | ||
association;
| ||
(6) all contracts, leases, and other agreements then in | ||
effect to which
the association is a party or under which | ||
the association or the unit owners
have obligations or |
liabilities;
| ||
(7) a current listing of the names, addresses, email | ||
addresses, telephone numbers, and weighted vote of all
| ||
members entitled to vote;
| ||
(8) ballots and proxies related to ballots for all | ||
matters voted on by
the members of the association during | ||
the immediately preceding 12 months,
including , but not | ||
limited to , the election of members of the board of | ||
managers;
and
| ||
(9) the books and records for the association's current | ||
and 10
immediately preceding fiscal years, including , but | ||
not limited to , itemized and
detailed records of all | ||
receipts, expenditures, and accounts.
| ||
(b) Any member of an association shall have the right to | ||
inspect, examine,
and make copies of the records described in | ||
subdivisions (1), (2), (3), (4),
(5), (6), and (9) of | ||
subsection (a) of this Section, in person or by agent, at any
| ||
reasonable time or times, at the association's principal | ||
office. In order
to exercise this right, a member must submit a | ||
written request to the
association's board of managers or its | ||
authorized agent, stating with
particularity the records | ||
sought to be examined. Failure of an association's
board of | ||
managers to make available all records so requested within 10 | ||
business days of
receipt of the member's written request shall | ||
be deemed a denial.
| ||
Any member who prevails in an enforcement action to compel |
examination of
records described in subdivisions (1), (2), (3), | ||
(4), (5), (6), and (9) of subsection (a)
of this Section shall | ||
be entitled to recover reasonable attorney's fees and
costs | ||
from the association.
| ||
(c) (Blank).
| ||
(d) (Blank).
| ||
(d-5) As used in this Section, "commercial purpose" means | ||
the use of any part of a record or records described in | ||
subdivisions (7) and (8) of subsection (a) of this Section, or | ||
information derived from such records, in any form for sale, | ||
resale, or solicitation or advertisement for sales or services. | ||
(e) Except as otherwise provided in subsection (g) of this
| ||
Section, any member of an association shall have the right to | ||
inspect, examine,
and make copies of the records described in | ||
subdivisions (7) and (8) of subsection (a) of this Section, in | ||
person or by agent, at any reasonable
time or times but only | ||
for a purpose that relates to the association, at the | ||
association's principal
office. In order to exercise this | ||
right, a member must submit a written
request, to the | ||
association's board of managers or its authorized agent,
| ||
stating with particularity the records sought to be examined. | ||
As a condition for exercising this right, the board of managers | ||
or authorized agent of the association may require the member | ||
to certify in writing that the information contained in the | ||
records obtained by the member will not be used by the member | ||
for any commercial purpose or for any purpose that does not |
relate to the association. The board of managers of the | ||
association may impose a fine in accordance with item (l) of | ||
Section 18.4 upon any person who makes a false certification. | ||
Subject to the provisions of subsection (g) of this Section, | ||
failure of an association's board of managers to make
available | ||
all records so requested within 10 business days of receipt of | ||
the
member's written request shall be deemed a denial; | ||
provided, however, that the
board of managers of an association | ||
that has adopted a secret ballot election
process as provided | ||
in Section 18 of this Act shall not be deemed to have
denied a | ||
member's request for records described in subdivision (8) of
| ||
subsection (a) of this Section if voting ballots, without | ||
identifying unit
numbers, are made available to the requesting | ||
member within 10 business days of receipt
of the member's | ||
written request.
| ||
Any member who prevails in an enforcement action to compel
| ||
examination of records described in subdivision subdivisions | ||
(7) or (8) of
subsection (a) of this Section shall be entitled | ||
to recover reasonable
attorney's fees and costs from the | ||
association only if the court finds that
the board of directors | ||
acted in bad faith in denying the member's request.
| ||
(f) The actual cost to the association of retrieving and | ||
making requested
records available for inspection and | ||
examination under this Section may be
charged by the | ||
association to the requesting member. If a member requests
| ||
copies of records requested under this Section, the actual |
costs to the
association of reproducing the records may also be | ||
charged by the association
to the requesting member.
| ||
(g) Notwithstanding the provisions of subsection (e) of | ||
this Section, unless
otherwise directed by court order, an | ||
association need not make the following
records available for | ||
inspection, examination, or copying by its members:
| ||
(1) documents relating to appointment, employment, | ||
discipline, or
dismissal of association employees;
| ||
(2) documents relating to actions pending against or on | ||
behalf of the
association or its board of managers in a | ||
court or administrative tribunal;
| ||
(3) documents relating to actions threatened against, | ||
or likely to be
asserted on behalf of, the association or | ||
its board of managers in a court or
administrative | ||
tribunal;
| ||
(4) documents relating to common expenses or other | ||
charges owed by a
member other than the requesting member; | ||
and
| ||
(5) documents provided to an association in connection | ||
with the lease,
sale, or other transfer of a unit by a | ||
member other than the requesting member.
| ||
(h) The provisions of this Section are applicable to all | ||
condominium
instruments recorded under this Act. Any portion of | ||
a condominium instrument
that contains provisions contrary to | ||
these provisions shall be void as against
public policy and | ||
ineffective. Any condominium instrument that fails to
contain |
the provisions required by this Section shall be deemed to | ||
incorporate
the provisions by operation of law.
| ||
(Source: P.A. 100-292, eff. 1-1-18; revised 10-6-17.)
| ||
(765 ILCS 605/27) (from Ch. 30, par. 327)
| ||
Sec. 27. Amendments. | ||
(a) If there is any unit owner other than the developer, | ||
and unless otherwise provided in this Act,
the condominium | ||
instruments shall be amended only as follows: | ||
(i) upon the
affirmative vote of 2/3 of those voting or | ||
upon the majority
specified by the condominium | ||
instruments, provided that in no event shall the | ||
condominium instruments require more than a three-quarters | ||
vote of all unit owners; and
| ||
(ii) with the
approval of, or notice to, any mortgagees | ||
or other lienholders of record, if required under the | ||
provisions of
the condominium instruments.
If the | ||
condominium instruments require approval of any mortgagee | ||
or
lienholder of record and the mortgagee or lienholder of | ||
record receives a request to approve or consent to
the | ||
amendment to the condominium instruments, the mortgagee or | ||
lienholder of record is deemed to have
approved or | ||
consented to the request unless the mortgagee or lienholder | ||
of record delivers a negative
response to the requesting | ||
party within 60 days after the mailing of the request. A | ||
request to approve or consent to an amendment to the |
condominium instruments that is required to be sent to a | ||
mortgagee or lienholder of record shall be sent by | ||
certified mail.
| ||
(b)(1) If there is an omission, error, or inconsistency in | ||
a condominium instrument, such that a provision of a | ||
condominium instrument does not conform to this Act or to | ||
another applicable statute, the association may correct the | ||
omission, error, or inconsistency to conform the condominium | ||
instrument to this Act or to another applicable statute by an | ||
amendment adopted by vote of two-thirds of the Board of | ||
Managers, without a unit owner vote. A provision in a | ||
condominium instrument requiring or allowing unit owners, | ||
mortgagees, or other lienholders of record to vote to approve | ||
an amendment to a condominium instrument, or for the mortgagees | ||
or other lienholders of record to be given notice of an | ||
amendment to a condominium instrument, is not applicable to an | ||
amendment to the extent that the amendment corrects an | ||
omission, error, or inconsistency to conform the condominium | ||
instrument to this Act or to another applicable statute.
| ||
(2) If through a scrivener's error, a unit has not been
| ||
designated as owning an appropriate undivided share of the | ||
common elements
or does not bear an appropriate share of the | ||
common expenses or that all
the common expenses or all of the | ||
common elements in the condominium have
not been distributed in | ||
the declaration, so that the sum total of the shares
of common | ||
elements which have been distributed or the sum total of the |
shares
of the common expenses fail to equal 100%, or if it | ||
appears that more than
100% of the common elements or common | ||
expenses have been distributed, the
error may be corrected by | ||
operation of law by filing an amendment to the
declaration | ||
approved by vote of two-thirds of the members of the Board
of | ||
Managers or a majority vote of the unit owners at a meeting | ||
called for
this purpose which proportionately adjusts all | ||
percentage interests so that
the total is equal to 100% unless | ||
the condominium instruments specifically
provide for a | ||
different procedure or different percentage vote by the owners
| ||
of the units and the owners of mortgages thereon affected by | ||
modification
being made in the undivided interest in the common | ||
elements, the number
of votes in the unit owners association or | ||
the liability for common expenses
appertaining to the unit.
| ||
(3) If an omission or error or a scrivener's error in the | ||
declaration,
bylaws or other condominium instrument is | ||
corrected by vote of
two-thirds of the members of the
Board of | ||
Managers pursuant to the authority established in paragraph | ||
paragraphs (1) or (2) of this subsection (b) this , the Board | ||
upon written petition by
unit owners with 20 percent of the | ||
votes of the association filed within
30 days of the Board | ||
action shall call a meeting of the unit owners within
30 days | ||
of the filing of the petition to consider the Board action. | ||
Unless
a majority of the votes of the unit owners of the | ||
association are cast at the
meeting to reject the action, it is | ||
ratified whether or not a quorum is present.
|
(4) The procedures for amendments set forth in this | ||
subsection (b) cannot be
used if such an amendment would | ||
materially or adversely affect property
rights of the unit | ||
owners unless the affected unit owners consent in writing.
This | ||
Section does not restrict the powers of the association to | ||
otherwise
amend the declaration, bylaws, or other condominium | ||
instruments, but authorizes
a simple process of amendment | ||
requiring a lesser vote for the purpose of
correcting defects, | ||
errors, or omissions when the property rights of the
unit | ||
owners are not materially or adversely affected.
| ||
(5) If there is an omission or error in the declaration, | ||
bylaws, or other
condominium instruments, which may not be | ||
corrected by an amendment procedure
set forth in paragraphs (1) | ||
and (2) of this subsection (b) in the
declaration then the | ||
Circuit Court in the County in which the condominium
is located | ||
shall have jurisdiction to hear a petition of one or more of | ||
the
unit owners thereon or of the association, to correct the | ||
error or omission,
and the action may be a class action. The | ||
court may require that one or
more methods of correcting the | ||
error or omission be submitted to the unit
owners to determine | ||
the most acceptable correction. All unit owners in the
| ||
association must be joined as parties to the action. Service of | ||
process on
owners may be by publication, but the plaintiff | ||
shall furnish all unit
owners not personally served with | ||
process with copies of the petition and
final judgment of the | ||
court by certified mail return receipt requested, at
their last |
known address.
| ||
(6) Nothing contained in this Section shall be construed to | ||
invalidate
any provision of a condominium instrument | ||
authorizing the developer to amend
a condominium instrument | ||
prior to the latest date on which the initial
membership | ||
meeting of the unit owners must be held, whether or not it has
| ||
actually been held, to bring the instrument into compliance | ||
with the legal
requirements of the Federal National Mortgage | ||
Association, the Federal Home
Loan Mortgage Corporation, the | ||
Federal Housing Administration, the United
States Veterans | ||
Administration or their respective successors and assigns.
| ||
(Source: P.A. 99-472, eff. 6-1-16; 100-201, eff. 8-18-17; | ||
100-292, eff. 1-1-18; revised 10-6-17.)
| ||
Section 645. The Illinois Human Rights Act is amended by | ||
changing Section 5-101 as follows:
| ||
(775 ILCS 5/5-101) (from Ch. 68, par. 5-101)
| ||
Sec. 5-101. Definitions . ) The following definitions are | ||
applicable
strictly in the context of this Article:
| ||
(A) Place of Public Accommodation. "Place of public
| ||
accommodation" includes, but is not limited to:
| ||
(1) an inn, hotel, motel, or other place of lodging, | ||
except
for an establishment located within a building that | ||
contains
not more than 5 units for rent or hire and that is | ||
actually
occupied by the proprietor of such establishment |
as the
residence of such proprietor; | ||
(2) a restaurant, bar, or other establishment serving | ||
food or
drink; | ||
(3) a motion picture house, theater, concert hall, | ||
stadium,
or other place of exhibition or entertainment; | ||
(4) an auditorium, convention center, lecture hall, or | ||
other
place of public gathering; | ||
(5) a bakery, grocery store, clothing store, hardware | ||
store,
shopping center, or other sales or rental | ||
establishment; | ||
(6) a laundromat, dry-cleaner, bank, barber shop, | ||
beauty
shop, travel service, shoe repair service, funeral | ||
parlor, gas
station, office of an accountant or lawyer, | ||
pharmacy, insurance
office, professional office of a | ||
health care provider,
hospital, or other service | ||
establishment; | ||
(7) public conveyances on air, water, or land;
| ||
(8) a terminal, depot, or other station used for | ||
specified
public transportation; | ||
(9) a museum, library, gallery, or other place of | ||
public
display or collection; | ||
(10) a park, zoo, amusement park, or other place of
| ||
recreation; | ||
(11) a non-sectarian nursery, day care center, | ||
elementary, secondary, undergraduate, or postgraduate | ||
school, or other place of education; |
(12) a senior citizen center, homeless
shelter, food | ||
bank, non-sectarian adoption agency, or other social | ||
service
center establishment; and | ||
(13) a gymnasium, health spa, bowling alley, golf | ||
course, or
other place of exercise or recreation.
| ||
(B) Operator. "Operator" means any owner, lessee, | ||
proprietor,
manager, superintendent, agent, or occupant of a | ||
place of public
accommodation or an employee of any such person | ||
or persons.
| ||
(C) Public Official. "Public official" means any officer or | ||
employee
of the state or any agency thereof, including state | ||
political subdivisions,
municipal corporations, park | ||
districts, forest preserve districts, educational
| ||
institutions , and schools.
| ||
(Source: P.A. 95-668, eff. 10-10-07; 96-814, eff. 1-1-10; | ||
revised 10-6-17.)
| ||
Section 650. The Business Corporation Act of 1983 is | ||
amended by changing Sections 14.05 and 15.85 as follows:
| ||
(805 ILCS 5/14.05) (from Ch. 32, par. 14.05)
| ||
Sec. 14.05. Annual report of domestic or foreign | ||
corporation. Each domestic corporation organized under any | ||
general law or
special act of this State authorizing the | ||
corporation to issue shares,
other than homestead | ||
associations, building and loan associations, banks
and |
insurance companies (which includes a syndicate or limited | ||
syndicate
regulated under Article V 1/2 of the Illinois | ||
Insurance Code or member of a
group of underwriters regulated | ||
under Article V of that Code), and each
foreign corporation | ||
(except members of a group of underwriters regulated
under | ||
Article V of the Illinois Insurance Code) authorized to | ||
transact
business in this State, shall file, within the time | ||
prescribed by this
Act, an annual report setting forth:
| ||
(a) The name of the corporation.
| ||
(b) The address, including street and number, or rural | ||
route number, of
its registered office in this State, and | ||
the name of its registered agent
at that address.
| ||
(c) The address, including street and number, or rural | ||
route number, of
its principal office.
| ||
(d) The names and respective addresses, including | ||
street and
number, or rural route number, of its directors | ||
and officers.
| ||
(e) A statement of the aggregate number of shares which | ||
the corporation
has authority to issue, itemized by classes | ||
and series, if any, within a class.
| ||
(f) A statement of the aggregate number of issued | ||
shares, itemized by
classes, and series, if any, within a | ||
class.
| ||
(g) A statement, expressed in dollars, of the amount of | ||
paid-in capital
of the corporation as defined in this Act.
| ||
(h) Either a statement that (1) all the property of the |
corporation is
located in this State and all of its | ||
business is transacted at or from places
of business in | ||
this State, or the corporation elects to pay the annual
| ||
franchise tax on the basis of its entire paid-in capital, | ||
or (2) a
statement, expressed in dollars, of the value of | ||
all the property owned by
the corporation, wherever | ||
located, and the value of the property located
within this | ||
State, and a statement, expressed in dollars, of the gross
| ||
amount of business transacted by the corporation and the | ||
gross amount thereof
transacted by the corporation at or | ||
from places of business in this State
as of the close of | ||
its fiscal year on or immediately preceding the last day of
| ||
the third month prior to the anniversary month or in the | ||
case of a
corporation which has established an extended | ||
filing month, as of the close
of its fiscal year on or | ||
immediately preceding the last day of the third month
prior | ||
to the extended filing month; however, in the case of a | ||
domestic
corporation that has not completed its first | ||
fiscal year, the statement with
respect to property owned | ||
shall be as of the last day of the third month
preceding | ||
the anniversary month and the statement with respect to | ||
business
transacted shall be furnished for the period | ||
between the date
of incorporation and the last day of the | ||
third month preceding the
anniversary month. In the case of | ||
a foreign corporation that has not been
authorized to | ||
transact business in this State for a period of 12 months |
and
has not commenced transacting business prior to | ||
obtaining
authority, the statement with respect to | ||
property owned shall be as of the
last day of the third | ||
month preceding the anniversary month and the
statement | ||
with respect to business transacted shall be furnished for | ||
the
period between the date of its authorization to | ||
transact business in this
State and the last day of the | ||
third month preceding the anniversary month.
If the data | ||
referenced in item (2) of this subsection is not completed,
| ||
the franchise tax provided for in this Act shall be | ||
computed on the basis of
the entire paid-in capital.
| ||
(i) A statement, including the basis therefor, of | ||
status as a
"minority-owned business" or as a "women-owned | ||
business" as those terms
are defined in the Business | ||
Enterprise for
Minorities, Women, and Persons with | ||
Disabilities Act.
| ||
(j) Additional information as may be necessary or | ||
appropriate in
order to enable the Secretary of State to | ||
administer this Act and to verify
the proper amount of fees | ||
and franchise taxes payable by the corporation.
| ||
The annual report shall be made on forms prescribed and | ||
furnished by
the Secretary of State, and the information | ||
therein required by paragraphs
(a) through (d), both inclusive, | ||
of this Section, shall be given as of the date
of the execution | ||
of the annual report and the information therein required
by | ||
paragraphs (e), (f) , and (g) of this Section shall be given as |
of the
last day of the third month preceding the anniversary | ||
month, except that
the information required by paragraphs (e), | ||
(f) , and (g) shall, in the case
of a corporation which has | ||
established an extended filing month, be given
in its final | ||
transition annual report and each subsequent annual report as
| ||
of the close of its fiscal year on or immediately preceding the | ||
last day of the third month prior to its extended filing
month. | ||
It shall be executed by the corporation by its president, a
| ||
vice-president, secretary, assistant secretary, treasurer or | ||
other officer
duly authorized by the board of directors of the | ||
corporation to execute
those reports, and verified by him or | ||
her, or, if the corporation is in the
hands of a receiver or | ||
trustee, it shall be executed on behalf of the
corporation and | ||
verified by the receiver or trustee.
| ||
(Source: P.A. 100-391, eff. 8-25-17; 100-486, eff. 1-1-18; | ||
revised 10-6-17.)
| ||
(805 ILCS 5/15.85) (from Ch. 32, par. 15.85)
| ||
Sec. 15.85. Effect of nonpayment of fees or taxes.
| ||
(a) The Secretary
of State shall not file any articles, | ||
statements,
certificates, reports, applications, notices, or | ||
other papers relating to
any corporation, domestic or foreign, | ||
organized under or subject to the
provisions of this Act until | ||
all fees, franchise taxes, and charges provided
to be paid in | ||
connection therewith shall have been paid to him or her, or
| ||
while the corporation is in default in the payment of any fees, |
franchise
taxes, charges, penalties, or interest herein | ||
provided to be paid by
or assessed
against it, or when the | ||
Illinois Department of Revenue has given notice
that the | ||
corporation is in default in the filing of a return or the | ||
payment
of any final assessment of tax, penalty or interest as | ||
required by any tax
Act administered by the Department.
| ||
(b) The Secretary of State shall not file, with respect to | ||
any domestic
or
foreign corporation, any document required or | ||
permitted to be filed by this
Act, which has an effective date | ||
other than the date of filing until there
has been paid by such | ||
corporation to the Secretary of State all fees, taxes
and | ||
charges due and payable on or before said effective date.
| ||
(c) No corporation required to pay a franchise tax, license | ||
fee,
penalty, or interest under this Act shall maintain any | ||
civil action until
all
such franchise taxes, license fees, | ||
penalties, and interest
have been paid in full.
| ||
(d) The Secretary of State shall, from information received | ||
from the
Illinois Commerce Commission, compile and keep a list | ||
of all domestic and
foreign corporations which are regulated | ||
pursuant to the provisions of the Public Utilities Act "An
Act | ||
concerning public utilities", approved June 29, 1921, and | ||
Chapter 18 of the
"The Illinois Vehicle Code ", approved | ||
September 29, 1969, and which hold,
as a prerequisite for doing | ||
business in this State, any franchise, license,
permit , or | ||
right to engage in any business regulated by such Acts.
| ||
(e) Within 10 days after any such corporation fails to pay |
a franchise
tax,
license fee, penalty, or interest required | ||
under this Act, the
Secretary shall, by
written notice, so | ||
advise the Secretary of the Illinois Commerce Commission.
| ||
(Source: P.A. 91-464, eff. 1-1-00; revised 10-5-17.)
| ||
Section 660. The Uniform Partnership Act (1997) is amended | ||
by changing Section 108 as follows:
| ||
(805 ILCS 206/108)
| ||
(Text of Section before amendment by P.A. 100-186 ) | ||
Sec. 108. Fees.
| ||
(a) The Secretary of State shall charge and collect in | ||
accordance with
the provisions of this
Act and rules | ||
promulgated under its authority:
| ||
(1) fees for filing documents;
| ||
(2) miscellaneous charges; and
| ||
(3) fees for the sale of lists of filings and for | ||
copies of any documents.
| ||
(b) The Secretary of State shall charge and collect:
| ||
(1) for furnishing a copy or certified copy of any | ||
document, instrument,
or paper relating
to a registered | ||
limited liability partnership, $25;
| ||
(2) for the transfer of information by computer process | ||
media to any
purchaser, fees
established by rule;
| ||
(3) for filing a statement of partnership authority, | ||
$25;
|
(4) for filing a statement of denial, $25;
| ||
(5) for filing a statement of dissociation, $25;
| ||
(6) for filing a statement of dissolution, $100;
| ||
(7) for filing a statement of merger, $100;
| ||
(8) for filing a statement of qualification for a | ||
limited liability
partnership organized under the
laws of | ||
this State, $100 for each partner, but in no event shall | ||
the fee be
less than $200 or
exceed $5,000;
| ||
(9) for filing a statement of foreign qualification, | ||
$500;
| ||
(10) for filing a renewal statement for a limited | ||
liability partnership
organized under the laws of
this | ||
State, $100 for each partner, but in no event shall the fee | ||
be
less than $200 or
exceed $5,000;
| ||
(11) for filing a renewal statement for a foreign | ||
limited liability
partnership, $300;
| ||
(12) for filing an amendment or cancellation of a | ||
statement, $25;
| ||
(13) for filing a statement of withdrawal, $100;
| ||
(14) for the purposes of changing the registered agent | ||
name or registered
office, or both,
$25;
| ||
(15) for filing an application for reinstatement, | ||
$200; | ||
(16) for filing any other document, $25. | ||
(c) All fees collected pursuant to this Act shall be | ||
deposited into the
Division of
Corporations Registered Limited |
Liability Partnership Fund.
| ||
(d) There is hereby continued in the State treasury a | ||
special fund to be
known as the Division
of Corporations | ||
Registered Limited Liability Partnership Fund. Moneys | ||
deposited into the
Fund shall,
subject to appropriation, be | ||
used by the Business Services Division of the
Office of the
| ||
Secretary of State to administer the responsibilities of the | ||
Secretary of
State under this Act.
On or before August 31 of | ||
each year, the balance in the Fund in excess of $600,000 shall | ||
be transferred to the General Revenue Fund.
| ||
(Source: P.A. 99-620, eff. 1-1-17; 99-933, eff. 1-27-17; | ||
100-486, eff. 1-1-18.) | ||
(Text of Section after amendment by P.A. 100-186 )
| ||
Sec. 108. Fees.
| ||
(a) The Secretary of State shall charge and collect in | ||
accordance with
the provisions of this
Act and rules | ||
promulgated under its authority:
| ||
(1) fees for filing documents;
| ||
(2) miscellaneous charges; and
| ||
(3) fees for the sale of lists of filings and for | ||
copies of any documents.
| ||
(b) The Secretary of State shall charge and collect:
| ||
(1) for furnishing a copy or certified copy of any | ||
document, instrument,
or paper relating
to a registered | ||
limited liability partnership, $25;
|
(2) for the transfer of information by computer process | ||
media to any
purchaser, fees
established by rule;
| ||
(3) for filing a statement of partnership authority, | ||
$25;
| ||
(4) for filing a statement of denial, $25;
| ||
(5) for filing a statement of dissociation, $25;
| ||
(6) for filing a statement of dissolution, $100;
| ||
(7) for filing a statement of merger, $100;
| ||
(8) for filing a statement of qualification for a | ||
limited liability
partnership organized under the
laws of | ||
this State, $100 for each partner, but in no event shall | ||
the fee be
less than $200 or
exceed $5,000;
| ||
(9) for filing a statement of foreign qualification, | ||
$500;
| ||
(10) for filing a renewal statement for a limited | ||
liability partnership
organized under the laws of
this | ||
State, $100 for each partner, but in no event shall the fee | ||
be
less than $200 or
exceed $5,000;
| ||
(11) for filing a renewal statement for a foreign | ||
limited liability
partnership, $300;
| ||
(12) for filing an amendment or cancellation of a | ||
statement, $25;
| ||
(13) for filing a statement of withdrawal, $100;
| ||
(14) for the purposes of changing the registered agent | ||
name or registered
office, or both,
$25;
| ||
(15) for filing an application for reinstatement, |
$200; | ||
(16) for filing any other document, $25. | ||
(c) All fees collected pursuant to this Act shall be | ||
deposited into the
Division of
Corporations Registered Limited | ||
Liability Partnership Fund.
| ||
(d) There is hereby continued in the State treasury a | ||
special fund to be
known as the Division
of Corporations | ||
Registered Limited Liability Partnership Fund. Moneys | ||
deposited into the
Fund shall,
subject to appropriation, be | ||
used by the Business Services Division of the
Office of the
| ||
Secretary of State to administer the responsibilities of the | ||
Secretary of
State under this Act.
On or before August 31 of | ||
each year, the balance in the Fund in excess of $600,000 shall | ||
be transferred to the General Revenue Fund.
| ||
(e) Filings, including annual reports, made by electronic | ||
means shall be treated as if submitted in person and may not be | ||
charged excess fees as expedited services solely because of | ||
submission by electronic means. | ||
(Source: P.A. 99-620, eff. 1-1-17; 99-933, eff. 1-27-17; | ||
100-186, eff. 7-1-18; 100-486, eff. 1-1-18; revised 10-12-17.) | ||
Section 665. The Illinois Pre-Need Cemetery Sales Act is | ||
amended by changing Section 17 as follows:
| ||
(815 ILCS 390/17) (from Ch. 21, par. 217)
| ||
Sec. 17.
(a) The principal and undistributed income of the |
trust created
pursuant to Section 15 of this Act shall be paid | ||
to the seller if:
| ||
(1) the seller certifies by sworn affidavit to the | ||
trustee that the purchaser
or the beneficiary named in the | ||
pre-need contract has deceased and that
seller has fully | ||
delivered or installed all items included in the pre-need
| ||
contract and fully performed all pre-need cemetery | ||
services he is required to
perform under the pre-need | ||
contract; or
| ||
(2) the seller certifies by sworn affidavit to the | ||
trustee that seller
has made full delivery, as defined | ||
herein.
| ||
(Source: P.A. 84-239; revised 11-8-17.)
| ||
Section 670. The Retail Installment Sales Act is amended by | ||
changing Section 3 as follows:
| ||
(815 ILCS 405/3) (from Ch. 121 1/2, par. 503)
| ||
Sec. 3.
(a) Every retail installment contract must be in | ||
writing, dated,
signed by both the buyer and the seller, and, | ||
except as otherwise provided
in this Act, completed as to all | ||
essential provisions, before it is signed
by the buyer.
| ||
(b) The printed or typed portion of the contract, other | ||
than
instructions for completion, must be in size equal to at | ||
least 8-point 8 point
type.
| ||
(c) The contract must contain printed or written in a size |
equal to at
least 10-point 10 point bold type:
| ||
(1) Both at the top of the contract and directly above | ||
the space
reserved for the signature of the buyer, the | ||
words "RETAIL INSTALLMENT
CONTRACT";
| ||
(2) A notice as follows:
| ||
"Notice to the buyer.
| ||
1. Do not sign this agreement before you read it or if | ||
it contains
any blank spaces.
| ||
2. You are entitled to an exact copy of the agreement | ||
you sign.
| ||
3. Under the law you have the right, among others, to | ||
pay in advance
the full amount due and to obtain under | ||
certain conditions a partial refund
of the finance | ||
charge. ".
| ||
(Source: P.A. 76-1780; revised 10-10-17.)
| ||
Section 675. The Consumer Fraud and Deceptive Business | ||
Practices Act is amended by changing Sections 2L, 2Z, and 2AA | ||
and by setting forth and renumbering multiple versions of | ||
Section 2TTT as follows:
| ||
(815 ILCS 505/2L)
| ||
(Text of Section before amendment by P.A. 100-512 ) | ||
Sec. 2L. Used motor vehicles; modification or disclaimer of | ||
implied warranty of merchantability limited. | ||
(a) Any retail sale of a used motor vehicle made after July |
1, 2017 ( the effective date of Public Act 99-768) this | ||
amendatory Act of the 99th General Assembly to a consumer by a | ||
licensed vehicle dealer within the meaning of Chapter 5 of the | ||
Illinois Vehicle Code or by an auction company at an auction | ||
that is open to the general public is
made subject to this | ||
Section.
| ||
(b) This Section does not apply to any of the following: | ||
(1) a vehicle with more than 150,000 miles at the time | ||
of sale; | ||
(2) a vehicle with a title that has been branded | ||
"rebuilt" or "flood"; | ||
(3) a vehicle with a gross vehicle weight rating of | ||
8,000 pounds or more; or | ||
(4) a vehicle that is an antique vehicle, as defined in | ||
the Illinois Vehicle Code, or that is a collector motor | ||
vehicle. | ||
(b-5) This Section does not apply to the sale of any | ||
vehicle for which the dealer offers an express warranty that | ||
provides coverage that is equal to or greater than the limited | ||
implied warranty of merchantability required under this | ||
Section 2L. | ||
(c) Except as otherwise provided in this Section 2L, any | ||
sale of a used motor vehicle as described in subsection (a) may | ||
not exclude, modify, or disclaim the implied warranty of | ||
merchantability created under this Section 2L or limit the | ||
remedies for a breach of the warranty hereunder before midnight |
of the 15th calendar day after delivery of a used motor vehicle | ||
or until a used motor vehicle is driven 500 miles after | ||
delivery, whichever is earlier. In calculating time under this | ||
Section, a day on which the warranty is breached and all | ||
subsequent days in which the used motor vehicle fails to | ||
conform with the implied warranty of merchantability are | ||
excluded. In calculating distance under this Section, the miles | ||
driven to obtain or in connection with the repair, servicing, | ||
or testing of a used motor vehicle that fails to conform with | ||
the implied warranty of merchantability are excluded. An | ||
attempt to exclude, modify, or disclaim the implied warranty of | ||
merchantability or to limit the remedies for a breach of the | ||
warranty in violation of this Section renders a purchase | ||
agreement voidable at the option of the purchaser. | ||
(d) An implied warranty of merchantability is met if a used | ||
motor vehicle functions for the purpose of ordinary | ||
transportation on the public highway and substantially free of | ||
a defect in a power train component. As used in this Section, | ||
"power train component" means the engine block, head, all | ||
internal engine parts, oil pan and gaskets, water pump, intake | ||
manifold, transmission, and all internal transmission parts, | ||
torque converter, drive shaft,
universal joints, rear axle and | ||
all rear axle internal parts, and rear wheel bearings. | ||
(e) The implied warranty of merchantability expires at | ||
midnight of the 15th calendar day after delivery of a used | ||
motor vehicle or when a used motor vehicle is driven 500 miles |
after delivery, whichever is earlier. In calculating time, a | ||
day on which the implied warranty of merchantability is | ||
breached is excluded and all subsequent days in which the used | ||
motor vehicle fails to conform with the warranty are also | ||
excluded. In calculating distance, the miles driven to or by | ||
the seller to obtain or in connection with the repair, | ||
servicing, or testing of a used motor vehicle that fails to | ||
conform with the implied warranty of merchantability are | ||
excluded. An implied warranty of merchantability does not | ||
extend to damage that occurs after the sale of the used motor | ||
vehicle that results from: | ||
(1) off-road use; | ||
(2) racing; | ||
(3) towing; | ||
(4) abuse; | ||
(5) misuse; | ||
(6) neglect; | ||
(7) failure to perform regular maintenance; and | ||
(8) failure to maintain adequate oil, coolant, and | ||
other required fluids or lubricants. | ||
(f) If the implied warranty of merchantability described in | ||
this Section is breached, the consumer shall give reasonable | ||
notice to the seller no later than 2 business days after the | ||
end of the statutory warranty period. Before the consumer | ||
exercises another remedy pursuant to Article 2 of the Uniform | ||
Commercial Code, the seller shall have a reasonable opportunity |
to repair the used motor vehicle. The consumer shall pay | ||
one-half of the cost of the first 2 repairs necessary to bring | ||
the used motor vehicle into compliance with the warranty. The | ||
payments by the consumer are limited to a maximum payment of | ||
$100 for each repair; however, the consumer shall only be | ||
responsible for a maximum payment of $100 if the consumer | ||
brings in the vehicle for a second repair for the same defect. | ||
Reasonable notice as defined in this Section shall include, but | ||
not be limited to: | ||
(1) text, provided the seller has provided the consumer | ||
with a cell phone number; | ||
(2) phone call or message to the seller's business | ||
phone number provided on the seller's bill of sale for the | ||
purchase of the motor vehicle; | ||
(3) in writing to the seller's address provided on the | ||
seller's bill of sale for the purchase of the motor | ||
vehicle; | ||
(4) in person at the seller's address provided on the | ||
seller's bill of sale for the purchase of the motor | ||
vehicle. | ||
(g) The maximum liability of a seller for repairs pursuant | ||
to this Section is limited to the purchase price paid for the | ||
used motor vehicle, to be refunded to the consumer or lender, | ||
as applicable, in exchange for return of the vehicle. | ||
(h) An agreement for the sale of a used motor vehicle | ||
subject to this Section is voidable at the option of the |
consumer, unless it contains on its face or in a separate
| ||
document the following conspicuous statement printed in | ||
boldface 10-point or larger type set off from the body of the | ||
agreement: | ||
"Illinois law requires that this vehicle will be free of a | ||
defect in a power train component for 15 days or 500 miles | ||
after delivery, whichever is earlier, except with regard to | ||
particular defects disclosed on the first page of this | ||
agreement. "Power train component" means the engine block, | ||
head, all internal engine parts, oil pan and gaskets, water | ||
pump, intake manifold, transmission, and all internal | ||
transmission parts, torque converter, drive shaft, universal | ||
joints, rear axle and all rear axle internal parts, and rear | ||
wheel bearings. You (the consumer) will have to pay up to $100 | ||
for each of the first 2 repairs if the warranty is violated.". | ||
(i) The inclusion in the agreement of the statement | ||
prescribed in subsection (h) of this Section does not create an | ||
express warranty. | ||
(j) A consumer of a used motor vehicle may waive the | ||
implied warranty of merchantability only for a particular | ||
defect in the vehicle , including, but not limited to, a rebuilt | ||
or flood-branded title and only if all of the following | ||
conditions are satisfied: | ||
(1) the seller subject to this Section fully and | ||
accurately discloses to the consumer that because of | ||
circumstances unusual to the business, the used motor |
vehicle has a particular defect; | ||
(2) the consumer agrees to buy the used motor vehicle | ||
after disclosure of the defect; and | ||
(3) before the sale, the consumer indicates agreement | ||
to the waiver by signing and dating the following | ||
conspicuous statement that is printed on the first page of | ||
the sales agreement or on a separate document in boldface | ||
10-point or larger type and that is written in the language | ||
in which the presentation was made: | ||
"Attention consumer: sign here only if the seller has | ||
told you that this vehicle has the following problem or | ||
problems and you agree to buy the vehicle on those terms: | ||
1. ...................................................... | ||
2. .................................................. | ||
3. ...................................................". | ||
(k) It shall be an affirmative defense to any claim under | ||
this Section that: | ||
(1) an alleged nonconformity does not substantially | ||
impair the use and market value of the motor vehicle; | ||
(2) a nonconformity is the result of abuse, neglect, or | ||
unauthorized modifications or alterations of the motor | ||
vehicle; | ||
(3) a claim by a consumer was not filed in good faith; | ||
or | ||
(4) any other affirmative defense allowed by law. | ||
(l) Other than the 15-day, 500-mile implied warranty of |
merchantability identified herein, a seller subject to this | ||
Section is not required to provide any further express or | ||
implied warranties to a purchasing consumer unless: | ||
(1) the seller is required by federal or State law to | ||
provide a further express or implied warranty; or | ||
(2) the seller fails to fully inform and disclose to | ||
the consumer that the vehicle is being sold without any | ||
further express or implied warranties, other than the 15 | ||
day, 500 mile implied warranty of merchantability | ||
identified in this Section.
| ||
(m) Any person who violates this Section commits an | ||
unlawful practice
within the meaning of this Act.
| ||
(Source: P.A. 99-768, eff. 7-1-17; 100-4, eff. 7-1-17; revised | ||
10-12-17.)
| ||
(Text of Section after amendment by P.A. 100-512 )
| ||
Sec. 2L. Used motor vehicles; modification or disclaimer of | ||
implied warranty of merchantability limited. | ||
(a) Any retail sale of a used motor vehicle made after July | ||
1, 2017 ( the effective date of Public Act 99-768) this | ||
amendatory Act of the 99th General Assembly to a consumer by a | ||
licensed vehicle dealer within the meaning of Chapter 5 of the | ||
Illinois Vehicle Code or by an auction company at an auction | ||
that is open to the general public is
made subject to this | ||
Section.
| ||
(b) This Section does not apply to any of the following: |
(1) a vehicle with more than 150,000 miles at the time | ||
of sale; | ||
(2) a vehicle with a title that has been branded | ||
"rebuilt" or "flood"; | ||
(3) a vehicle with a gross vehicle weight rating of | ||
8,000 pounds or more; or | ||
(4) a vehicle that is an antique vehicle, as defined in | ||
the Illinois Vehicle Code, or that is a collector motor | ||
vehicle. | ||
(b-5) This Section does not apply to the sale of any | ||
vehicle for which the dealer offers an express warranty that | ||
provides coverage that is equal to or greater than the limited | ||
implied warranty of merchantability required under this | ||
Section 2L. | ||
(b-6) (b-5) This Section does not apply to forfeited | ||
vehicles sold at auction by or on behalf of the Department of | ||
State Police. | ||
(c) Except as otherwise provided in this Section 2L, any | ||
sale of a used motor vehicle as described in subsection (a) may | ||
not exclude, modify, or disclaim the implied warranty of | ||
merchantability created under this Section 2L or limit the | ||
remedies for a breach of the warranty hereunder before midnight | ||
of the 15th calendar day after delivery of a used motor vehicle | ||
or until a used motor vehicle is driven 500 miles after | ||
delivery, whichever is earlier. In calculating time under this | ||
Section, a day on which the warranty is breached and all |
subsequent days in which the used motor vehicle fails to | ||
conform with the implied warranty of merchantability are | ||
excluded. In calculating distance under this Section, the miles | ||
driven to obtain or in connection with the repair, servicing, | ||
or testing of a used motor vehicle that fails to conform with | ||
the implied warranty of merchantability are excluded. An | ||
attempt to exclude, modify, or disclaim the implied warranty of | ||
merchantability or to limit the remedies for a breach of the | ||
warranty in violation of this Section renders a purchase | ||
agreement voidable at the option of the purchaser. | ||
(d) An implied warranty of merchantability is met if a used | ||
motor vehicle functions for the purpose of ordinary | ||
transportation on the public highway and substantially free of | ||
a defect in a power train component. As used in this Section, | ||
"power train component" means the engine block, head, all | ||
internal engine parts, oil pan and gaskets, water pump, intake | ||
manifold, transmission, and all internal transmission parts, | ||
torque converter, drive shaft,
universal joints, rear axle and | ||
all rear axle internal parts, and rear wheel bearings. | ||
(e) The implied warranty of merchantability expires at | ||
midnight of the 15th calendar day after delivery of a used | ||
motor vehicle or when a used motor vehicle is driven 500 miles | ||
after delivery, whichever is earlier. In calculating time, a | ||
day on which the implied warranty of merchantability is | ||
breached is excluded and all subsequent days in which the used | ||
motor vehicle fails to conform with the warranty are also |
excluded. In calculating distance, the miles driven to or by | ||
the seller to obtain or in connection with the repair, | ||
servicing, or testing of a used motor vehicle that fails to | ||
conform with the implied warranty of merchantability are | ||
excluded. An implied warranty of merchantability does not | ||
extend to damage that occurs after the sale of the used motor | ||
vehicle that results from: | ||
(1) off-road use; | ||
(2) racing; | ||
(3) towing; | ||
(4) abuse; | ||
(5) misuse; | ||
(6) neglect; | ||
(7) failure to perform regular maintenance; and | ||
(8) failure to maintain adequate oil, coolant, and | ||
other required fluids or lubricants. | ||
(f) If the implied warranty of merchantability described in | ||
this Section is breached, the consumer shall give reasonable | ||
notice to the seller no later than 2 business days after the | ||
end of the statutory warranty period. Before the consumer | ||
exercises another remedy pursuant to Article 2 of the Uniform | ||
Commercial Code, the seller shall have a reasonable opportunity | ||
to repair the used motor vehicle. The consumer shall pay | ||
one-half of the cost of the first 2 repairs necessary to bring | ||
the used motor vehicle into compliance with the warranty. The | ||
payments by the consumer are limited to a maximum payment of |
$100 for each repair; however, the consumer shall only be | ||
responsible for a maximum payment of $100 if the consumer | ||
brings in the vehicle for a second repair for the same defect. | ||
Reasonable notice as defined in this Section shall include, but | ||
not be limited to: | ||
(1) text, provided the seller has provided the consumer | ||
with a cell phone number; | ||
(2) phone call or message to the seller's business | ||
phone number provided on the seller's bill of sale for the | ||
purchase of the motor vehicle; | ||
(3) in writing to the seller's address provided on the | ||
seller's bill of sale for the purchase of the motor | ||
vehicle; | ||
(4) in person at the seller's address provided on the | ||
seller's bill of sale for the purchase of the motor | ||
vehicle. | ||
(g) The maximum liability of a seller for repairs pursuant | ||
to this Section is limited to the purchase price paid for the | ||
used motor vehicle, to be refunded to the consumer or lender, | ||
as applicable, in exchange for return of the vehicle. | ||
(h) An agreement for the sale of a used motor vehicle | ||
subject to this Section is voidable at the option of the | ||
consumer, unless it contains on its face or in a separate
| ||
document the following conspicuous statement printed in | ||
boldface 10-point or larger type set off from the body of the | ||
agreement: |
"Illinois law requires that this vehicle will be free of a | ||
defect in a power train component for 15 days or 500 miles | ||
after delivery, whichever is earlier, except with regard to | ||
particular defects disclosed on the first page of this | ||
agreement. "Power train component" means the engine block, | ||
head, all internal engine parts, oil pan and gaskets, water | ||
pump, intake manifold, transmission, and all internal | ||
transmission parts, torque converter, drive shaft, universal | ||
joints, rear axle and all rear axle internal parts, and rear | ||
wheel bearings. You (the consumer) will have to pay up to $100 | ||
for each of the first 2 repairs if the warranty is violated.". | ||
(i) The inclusion in the agreement of the statement | ||
prescribed in subsection (h) of this Section does not create an | ||
express warranty. | ||
(j) A consumer of a used motor vehicle may waive the | ||
implied warranty of merchantability only for a particular | ||
defect in the vehicle , including, but not limited to, a rebuilt | ||
or flood-branded title and only if all of the following | ||
conditions are satisfied: | ||
(1) the seller subject to this Section fully and | ||
accurately discloses to the consumer that because of | ||
circumstances unusual to the business, the used motor | ||
vehicle has a particular defect; | ||
(2) the consumer agrees to buy the used motor vehicle | ||
after disclosure of the defect; and | ||
(3) before the sale, the consumer indicates agreement |
to the waiver by signing and dating the following | ||
conspicuous statement that is printed on the first page of | ||
the sales agreement or on a separate document in boldface | ||
10-point or larger type and that is written in the language | ||
in which the presentation was made: | ||
"Attention consumer: sign here only if the seller has | ||
told you that this vehicle has the following problem or | ||
problems and you agree to buy the vehicle on those terms: | ||
1. ...................................................... | ||
2. .................................................. | ||
3. ...................................................". | ||
(k) It shall be an affirmative defense to any claim under | ||
this Section that: | ||
(1) an alleged nonconformity does not substantially | ||
impair the use and market value of the motor vehicle; | ||
(2) a nonconformity is the result of abuse, neglect, or | ||
unauthorized modifications or alterations of the motor | ||
vehicle; | ||
(3) a claim by a consumer was not filed in good faith; | ||
or | ||
(4) any other affirmative defense allowed by law. | ||
(l) Other than the 15-day, 500-mile implied warranty of | ||
merchantability identified herein, a seller subject to this | ||
Section is not required to provide any further express or | ||
implied warranties to a purchasing consumer unless: | ||
(1) the seller is required by federal or State law to |
provide a further express or implied warranty; or | ||
(2) the seller fails to fully inform and disclose to | ||
the consumer that the vehicle is being sold without any | ||
further express or implied warranties, other than the 15 | ||
day, 500 mile implied warranty of merchantability | ||
identified in this Section.
| ||
(m) Any person who violates this Section commits an | ||
unlawful practice
within the meaning of this Act.
| ||
(Source: P.A. 99-768, eff. 7-1-17; 100-4, eff. 7-1-17; 100-512, | ||
eff. 7-1-18; revised 10-12-17.)
| ||
(815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
| ||
Sec. 2Z. Violations of other Acts. Any person who knowingly | ||
violates
the Automotive Repair Act, the Automotive Collision | ||
Repair Act,
the Home Repair and Remodeling Act,
the Dance | ||
Studio Act,
the Physical Fitness Services Act,
the Hearing | ||
Instrument Consumer Protection Act,
the Illinois Union Label | ||
Act, the Installment Sales Contract Act,
the Job Referral and | ||
Job Listing Services Consumer Protection Act,
the Travel | ||
Promotion Consumer Protection Act,
the Credit Services | ||
Organizations Act,
the Automatic Telephone Dialers Act,
the | ||
Pay-Per-Call Services Consumer Protection Act,
the Telephone | ||
Solicitations Act,
the Illinois Funeral or Burial Funds Act,
| ||
the Cemetery Oversight Act, the Cemetery Care Act,
the Safe and | ||
Hygienic Bed Act,
the Illinois Pre-Need Cemetery Sales Act,
the | ||
High Risk Home Loan Act, the Payday Loan Reform Act, the |
Mortgage Rescue Fraud Act, subsection (a) or (b) of Section | ||
3-10 of the
Cigarette Tax Act, subsection
(a) or (b) of Section | ||
3-10 of the Cigarette Use Tax Act, the Electronic
Mail Act, the | ||
Internet Caller Identification Act, paragraph (6)
of
| ||
subsection (k) of Section 6-305 of the Illinois Vehicle Code, | ||
Section 11-1431, 18d-115, 18d-120, 18d-125, 18d-135, 18d-150, | ||
or 18d-153 of the Illinois Vehicle Code, Article 3 of the | ||
Residential Real Property Disclosure Act, the Automatic | ||
Contract Renewal Act, the Reverse Mortgage Act, Section 25 of | ||
the Youth Mental Health Protection Act, the Personal | ||
Information Protection Act, or the Student Online Personal | ||
Protection Act commits an unlawful practice within the meaning | ||
of this Act.
| ||
(Source: P.A. 99-331, eff. 1-1-16; 99-411, eff. 1-1-16; 99-642, | ||
eff. 7-28-16; 100-315, eff. 8-24-17; 100-416, eff. 1-1-18; | ||
revised 10-6-17.)
| ||
(815 ILCS 505/2AA)
| ||
Sec. 2AA. Immigration services.
| ||
(a) "Immigration matter" means any proceeding, filing, or | ||
action
affecting the nonimmigrant, immigrant or citizenship | ||
status of any person
that arises under immigration and | ||
naturalization law, executive order or
presidential | ||
proclamation of the United States or any foreign country, or
| ||
that arises under action of the United States Citizenship and | ||
Immigration Services, the United States Department of Labor, or |
the
United States Department of State.
| ||
"Immigration assistance service" means any information
or | ||
action provided or offered to customers or prospective | ||
customers related to immigration matters, excluding legal | ||
advice, recommending a specific course of legal action, or | ||
providing any other assistance that requires legal analysis, | ||
legal judgment, or interpretation of the law.
| ||
"Compensation" means money, property, services, promise of | ||
payment,
or anything else of value.
| ||
"Employed by" means that a person is on the payroll of the | ||
employer
and the employer deducts from the employee's paycheck | ||
social security and
withholding taxes, or receives | ||
compensation from the employer on a
commission basis or as an | ||
independent contractor.
| ||
"Reasonable costs" means actual costs or, if actual costs | ||
cannot be
calculated, reasonably estimated costs of such things | ||
as photocopying,
telephone calls, document requests, and | ||
filing fees for immigration forms,
and other nominal costs | ||
incidental to assistance
in an immigration matter.
| ||
(a-1) The General Assembly finds and declares that private | ||
individuals who
assist persons with immigration matters have a | ||
significant impact on the
ability of their clients to reside | ||
and work within the United States and to
establish and maintain | ||
stable families and business relationships. The General
| ||
Assembly further finds that that assistance and its impact also | ||
have a
significant effect on the cultural, social, and economic |
life of the State of
Illinois and thereby substantially affect | ||
the public interest. It is the
intent of the General Assembly | ||
to establish rules of practice and conduct for
those | ||
individuals to promote honesty and fair dealing with residents | ||
and to
preserve public confidence.
| ||
(a-5) The following persons are exempt from this Section, | ||
provided they
prove the exemption by a preponderance of the | ||
evidence:
| ||
(1) An attorney licensed to practice law in any state | ||
or territory of
the United States, or of any foreign | ||
country when authorized by the
Illinois Supreme Court, to | ||
the extent the attorney renders immigration
assistance | ||
service in the course of his or her practice as an | ||
attorney.
| ||
(2) A legal intern, as described by the rules of the | ||
Illinois Supreme
Court, employed by and under the direct | ||
supervision of a licensed attorney
and rendering | ||
immigration assistance service in the course of the | ||
intern's
employment.
| ||
(3) A not-for-profit organization recognized by the | ||
Board of Immigration
Appeals under 8 CFR C.F.R. 292.2(a) | ||
and employees of those organizations accredited
under 8 CFR | ||
C.F.R. 292.2(d).
| ||
(4) Any organization employing or desiring to employ a | ||
documented or undocumented immigrant or
nonimmigrant | ||
alien, where the organization, its employees or its agents
|
provide advice or assistance in immigration matters to | ||
documented or undocumented immigrant or nonimmigrant
alien | ||
employees or potential employees without compensation from | ||
the
individuals to whom such advice or assistance is | ||
provided.
| ||
Nothing in this Section shall regulate any business to the | ||
extent
that such regulation is prohibited or preempted by State | ||
or federal law.
| ||
All other persons providing or offering to provide | ||
immigration
assistance service shall be subject to this | ||
Section.
| ||
(b) Any person who provides or offers to provide | ||
immigration assistance
service may perform only the following | ||
services:
| ||
(1) Completing a government agency
form, requested by | ||
the customer and appropriate to the customer's
needs,
only | ||
if the completion of that form does not involve a legal
| ||
judgment
for that particular matter.
| ||
(2) Transcribing responses to a government agency form | ||
which is
related to an immigration matter, but not advising | ||
a customer as to his or
her answers on those forms.
| ||
(3) Translating information on forms to a customer and | ||
translating the
customer's answers to questions posed on | ||
those forms.
| ||
(4) Securing for the customer supporting documents | ||
currently in
existence, such as birth and marriage |
certificates, which may be needed to
be submitted with | ||
government agency forms.
| ||
(5) Translating documents from a foreign language into | ||
English.
| ||
(6) Notarizing signatures on government agency forms, | ||
if the person
performing the service is a notary public of | ||
the State of Illinois.
| ||
(7) Making referrals, without fee, to attorneys who | ||
could undertake
legal representation for a person in an | ||
immigration matter.
| ||
(8) Preparing or arranging for the preparation of | ||
photographs and
fingerprints.
| ||
(9) Arranging for the performance of medical testing
| ||
(including X-rays and AIDS tests) and the obtaining of | ||
reports of such test
results.
| ||
(10) Conducting English language and civics courses.
| ||
(11) Other services that the Attorney General | ||
determines by rule may be
appropriately performed by such | ||
persons in light of the purposes of this
Section.
| ||
Fees for a notary public, agency, or any other person who | ||
is not an attorney or an accredited representative filling out | ||
immigration forms shall be limited to the maximum fees set | ||
forth in subsections (a) and (b) of Section 3-104 of the | ||
Illinois Notary Public Act (5 ILCS 312/3-104). The maximum fee | ||
schedule set forth in subsections (a) and (b) of Section 3-104 | ||
of the Illinois Notary Public Act shall apply to any person |
that provides or offers to provide immigration assistance | ||
service performing the services described therein. The | ||
Attorney General may promulgate rules establishing maximum | ||
fees that may be charged for any services not described in that | ||
subsection. The maximum fees must be reasonable in light of the | ||
costs of providing those services and the degree of | ||
professional skill required to provide the services.
| ||
No person subject to this Act shall charge fees directly or
| ||
indirectly for referring an individual to an attorney or for | ||
any
immigration matter not authorized by this Article, provided | ||
that a person may
charge a fee for notarizing documents as | ||
permitted by the Illinois Notary
Public Act.
| ||
(c) Any person performing such services shall register with | ||
the Illinois
Attorney General and submit verification of | ||
malpractice insurance or of a
surety bond.
| ||
(d) Except as provided otherwise in this subsection, before | ||
providing
any
assistance in an immigration matter a person | ||
shall provide the customer with
a written contract that | ||
includes the following:
| ||
(1) An explanation of the services to be performed.
| ||
(2) Identification of all compensation and costs to be | ||
charged to the
customer for the services to be performed.
| ||
(3) A statement that documents submitted in support of | ||
an application
for nonimmigrant, immigrant, or | ||
naturalization status may not be retained
by the person for | ||
any purpose, including payment of compensation or costs.
|
This subsection does not apply to a not-for-profit | ||
organization that
provides advice or assistance in immigration | ||
matters to clients without charge
beyond a reasonable fee to | ||
reimburse the organization's or clinic's reasonable
costs | ||
relating to providing immigration services to that client.
| ||
(e) Any person who provides or offers immigration | ||
assistance service and
is not exempted from this Section, shall | ||
post signs at his or her place of
business, setting forth | ||
information in English and in every other language in
which the
| ||
person provides or offers to provide immigration assistance | ||
service. Each
language shall be on a separate sign. Signs shall | ||
be posted in a location
where the signs will be visible to | ||
customers. Each sign shall be at least
11 inches by 17 inches, | ||
and shall contain the following:
| ||
(1) The statement "I AM NOT AN ATTORNEY LICENSED TO | ||
PRACTICE LAW AND
MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES | ||
FOR LEGAL ADVICE." .
| ||
(2) The statement "I AM NOT ACCREDITED TO REPRESENT YOU | ||
BEFORE THE
UNITED STATES IMMIGRATION AND NATURALIZATION | ||
SERVICE AND THE IMMIGRATION
BOARD OF APPEALS." .
| ||
(3) The fee schedule.
| ||
(4) The statement that "You may cancel any contract
| ||
within 3 working days and get your money back for services | ||
not performed." .
| ||
(5) Additional information the Attorney General may | ||
require by rule.
|
Every person engaged in immigration assistance service who | ||
is not an
attorney who advertises immigration assistance | ||
service in a language other
than English, whether by radio, | ||
television, signs, pamphlets, newspapers,
or other written | ||
communication, with the exception of a single desk plaque,
| ||
shall include in the document, advertisement, stationery, | ||
letterhead, business card, or other comparable written | ||
material the following notice in English and the language in | ||
which the written communication appears. This notice shall be
| ||
of a conspicuous size, if in writing, and shall state: "I AM | ||
NOT AN
ATTORNEY LICENSED TO PRACTICE LAW IN ILLINOIS AND MAY | ||
NOT GIVE LEGAL ADVICE OR ACCEPT
FEES FOR LEGAL ADVICE." . If | ||
such advertisement is by radio or television,
the statement may | ||
be modified but must include substantially the same message.
| ||
Any person who provides or offers immigration assistance | ||
service and is not exempted from this Section shall not, in any | ||
document, advertisement, stationery, letterhead, business | ||
card, or other comparable written material, literally | ||
translate from English into another language terms or titles | ||
including, but not limited to, notary public, notary, licensed, | ||
attorney, lawyer, or any other term that implies the person is | ||
an attorney. To illustrate, the words "notario" and "poder | ||
notarial" are prohibited under this provision.
| ||
If not subject to penalties under subsection (a) of Section | ||
3-103 of the Illinois Notary Public Act (5 ILCS 312/3-103), | ||
violations of this subsection shall result in a fine of $1,000. |
Violations shall not preempt or preclude additional | ||
appropriate civil or criminal penalties.
| ||
(f) The written contract shall be in both English and in | ||
the language
of the customer.
| ||
(g) A copy of the contract shall be provided to the | ||
customer upon the
customer's execution of the contract.
| ||
(h) A customer has the right to rescind a contract within | ||
72 hours after
his or her signing of the contract.
| ||
(i) Any documents identified in paragraph (3) of subsection | ||
(c) shall be
returned upon demand of the customer.
| ||
(j) No person engaged in providing immigration services who | ||
is not exempted under this Section shall do any
of the | ||
following:
| ||
(1) Make any statement that the person can or will | ||
obtain special favors
from or has special influence with | ||
the United States Immigration and
Naturalization Service | ||
or any other government agency.
| ||
(2) Retain any compensation for service not performed.
| ||
(2.5) Accept payment in exchange for providing legal | ||
advice or any other assistance that requires legal | ||
analysis, legal judgment, or interpretation of the law.
| ||
(3) Refuse to return documents supplied by, prepared on | ||
behalf of, or paid
for by the customer upon the request of | ||
the customer. These documents must be
returned upon request | ||
even if there is a fee dispute between the immigration
| ||
assistant and the customer.
|
(4) Represent or advertise, in connection with the | ||
provision of assistance
in immigration matters, other | ||
titles of credentials, including but not
limited to "notary | ||
public" or "immigration consultant," that could cause a
| ||
customer to believe that the person possesses special | ||
professional skills or
is authorized to provide advice on | ||
an immigration matter; provided that a
notary public | ||
appointed by the Illinois Secretary of State may use the | ||
term
"notary public" if the use is accompanied by the | ||
statement that the person
is not an attorney; the term | ||
"notary public" may not be translated to another language; | ||
for example "notario" is prohibited.
| ||
(5) Provide legal advice, recommend a specific course | ||
of legal action, or provide any other assistance that | ||
requires legal analysis, legal judgment, or interpretation | ||
of the law.
| ||
(6) Make any misrepresentation of false statement, | ||
directly or
indirectly, to influence, persuade, or induce | ||
patronage.
| ||
(k) (Blank) .
| ||
(l) (Blank) .
| ||
(m) Any person who violates any provision
of this Section, | ||
or the rules and regulations issued
under this Section, shall | ||
be guilty of a Class A misdemeanor for a first
offense and a | ||
Class 3 felony for a second or subsequent offense committed
| ||
within 5 years of a previous conviction for the same offense.
|
Upon his own information or upon the complaint of any | ||
person, the
Attorney General or any State's Attorney, or a | ||
municipality with a
population of more than 1,000,000, may | ||
maintain an action for injunctive
relief and also seek a civil | ||
penalty not exceeding $50,000 in the circuit court
against any | ||
person who violates any provision of
this Section. These | ||
remedies are in addition to, and not in substitution
for, other | ||
available remedies.
| ||
If the Attorney General or any State's Attorney or a | ||
municipality
with a population of more than 1,000,000 fails to | ||
bring an action as
provided under this Section any person may | ||
file a civil action to
enforce the provisions of this Article | ||
and maintain an action for
injunctive relief, for compensatory | ||
damages to recover prohibited fees, or for such additional | ||
relief as may be appropriate to
deter, prevent, or compensate | ||
for the violation.
In order to deter violations of this | ||
Section, courts shall not require a
showing of the traditional | ||
elements for equitable relief. A prevailing
plaintiff may be | ||
awarded 3 times the prohibited fees or a minimum of $1,000 in
| ||
punitive damages, attorney's fees, and costs of
bringing an | ||
action under this Section.
It is the express intention
of the | ||
General Assembly that remedies for violation of this Section be
| ||
cumulative.
| ||
(n) No unit of local government, including any home rule | ||
unit, shall have
the authority to regulate immigration | ||
assistance services unless such
regulations are at least as |
stringent as those contained in Public Act 87-1211 this | ||
amendatory
Act of 1992 . It is declared to be the law of this | ||
State, pursuant to
paragraph (i) of Section 6 of Article VII of | ||
the Illinois Constitution of
1970, that Public Act 87-1211 this | ||
amendatory Act of 1992 is a limitation on the authority of a
| ||
home rule unit to exercise powers concurrently with the State. | ||
The
limitations of this Section do not apply to a home rule | ||
unit that has,
prior to January 1, 1993 ( the effective date of | ||
Public Act 87-1211) this amendatory Act , adopted an ordinance
| ||
regulating immigration assistance services.
| ||
(o) This Section is severable under Section 1.31 of the | ||
Statute on Statutes.
| ||
(p) The Attorney General shall issue rules not inconsistent | ||
with this
Section for the implementation, administration, and | ||
enforcement of this
Section. The rules may provide for the | ||
following:
| ||
(1) The content, print size, and print style of the | ||
signs required under
subsection (e). Print sizes and styles | ||
may vary from language to language.
| ||
(2) Standard forms for use in the administration of | ||
this Section.
| ||
(3) Any additional requirements deemed necessary.
| ||
(Source: P.A. 99-679, eff. 1-1-17; revised 10-5-17.)
| ||
(815 ILCS 505/2TTT) | ||
Sec. 2TTT. Standard services. |
(a) It is not a fraudulent, unfair, or deceptive act or | ||
practice under this Act to differentiate prices for services | ||
based upon factors that include, but are not limited to, amount | ||
of time, difficulty, cost of providing the services, methods, | ||
procedure, or equipment used to accomplish the service, upon | ||
the qualifications, experience, or expertise of the individual | ||
or business providing the services, market conditions specific | ||
to the service or the business, or geographic region where the | ||
services are completed or the business is located. | ||
(b) The following sellers shall provide the consumer with a | ||
standard services price list upon request: | ||
(1) Tailors or businesses providing aftermarket | ||
clothing alterations. | ||
(2) Barbershops or hair salons. | ||
(3) Dry cleaners and laundries providing services to | ||
individuals. | ||
The price list may be provided in any format and may be | ||
based on customary industry pricing practices. | ||
As used in this subsection, "standard service" means the 10 | ||
most frequently requested services provided by the seller. | ||
(c) If a seller identified in subsection (b) is found to be | ||
in violation of this Section, the seller shall have 30 days to | ||
remedy the violation. Upon a second or subsequent violation | ||
within 2 years after the 30-day remediation period, the seller | ||
shall be liable for penalties pursuant to Section 7 of this | ||
Act.
|
(Source: P.A. 100-207, eff. 1-1-18.) | ||
(815 ILCS 505/2UUU) | ||
Sec. 2UUU 2TTT . Non-disparagement clauses in consumer | ||
contracts. | ||
(a) A contract or a proposed contract for the sale or lease | ||
of consumer merchandise or services may not include a provision | ||
waiving the consumer's right to make any statement regarding | ||
the seller or lessor or the employees or agents of the seller | ||
or lessor or concerning the merchandise or services. | ||
(b) It is an unlawful practice to threaten or to seek to | ||
enforce a provision made unlawful under this Section or to | ||
otherwise penalize a consumer for making any statement | ||
protected under this Section. | ||
(c) Any waiver of the provisions of this Section is | ||
contrary to public policy and is void and unenforceable. | ||
(d) This Section may not be construed to prohibit or limit | ||
a person or business that hosts online consumer reviews or | ||
comments from removing a statement that is otherwise lawful to | ||
remove.
| ||
(Source: P.A. 100-240, eff. 1-1-18; revised 11-6-17.) | ||
Section 680. The Motor Vehicle Franchise Act is amended by | ||
changing Sections 4 and 10.1 as follows:
| ||
(815 ILCS 710/4) (from Ch. 121 1/2, par. 754)
|
Sec. 4. Unfair competition and practices.
| ||
(a) The unfair methods of competition and unfair and | ||
deceptive acts or
practices listed in this Section are hereby | ||
declared to be unlawful. In
construing the provisions of this | ||
Section, the courts may be guided by the
interpretations of the | ||
Federal Trade Commission Act (15 U.S.C. 45 et
seq.), as from | ||
time to time amended.
| ||
(b) It shall be deemed a violation for any manufacturer, | ||
factory branch,
factory representative, distributor or | ||
wholesaler, distributor branch,
distributor representative or | ||
motor vehicle dealer to engage in any action
with respect to a | ||
franchise which is arbitrary, in bad faith or
unconscionable | ||
and which causes damage to any of the parties or to the public.
| ||
(c) It shall be deemed a violation for a manufacturer, a | ||
distributor,
a wholesaler, a distributor branch or division, a | ||
factory branch or division,
or a wholesale branch or division, | ||
or officer, agent or other representative
thereof, to coerce, | ||
or attempt to coerce, any motor vehicle dealer:
| ||
(1) to accept, buy or order any motor vehicle or | ||
vehicles, appliances,
equipment, parts or accessories | ||
therefor, or any other commodity or commodities
or service | ||
or services which such motor vehicle dealer has not | ||
voluntarily
ordered or requested except items required by | ||
applicable local, state or
federal law; or to require a | ||
motor vehicle dealer to accept, buy, order or
purchase such | ||
items in order to obtain any motor vehicle or vehicles or |
any
other commodity or commodities which have been ordered | ||
or requested by such
motor vehicle dealer;
| ||
(2) to order or accept delivery of any motor vehicle | ||
with special
features, appliances, accessories or | ||
equipment not included in the list
price of the motor | ||
vehicles as publicly advertised by the manufacturer
| ||
thereof, except items required by applicable law; or
| ||
(3) to order for anyone any parts, accessories, | ||
equipment, machinery,
tools, appliances or any commodity | ||
whatsoever, except items required by
applicable law.
| ||
(d) It shall be deemed a violation for a manufacturer, a | ||
distributor,
a wholesaler, a distributor branch or division, or | ||
officer, agent or other
representative thereof:
| ||
(1) to adopt, change, establish or implement a plan or | ||
system for the
allocation and distribution of new motor | ||
vehicles to motor vehicle dealers
which is arbitrary or | ||
capricious or to modify an existing plan so as to cause
the | ||
same to be arbitrary or capricious;
| ||
(2) to fail or refuse to advise or disclose to any | ||
motor vehicle dealer
having a franchise or selling | ||
agreement, upon written request therefor,
the basis upon | ||
which new motor vehicles of the same line make are | ||
allocated
or distributed to motor vehicle dealers in the | ||
State and the basis upon
which the current allocation or | ||
distribution is being made or will be made
to such motor | ||
vehicle dealer;
|
(3) to refuse to deliver in reasonable quantities and | ||
within a reasonable
time after receipt of dealer's order, | ||
to any motor vehicle dealer having
a franchise or selling | ||
agreement for the retail sale of new motor vehicles
sold or | ||
distributed by such manufacturer, distributor, wholesaler, | ||
distributor
branch or division, factory branch or division | ||
or wholesale branch or division,
any such motor vehicles as | ||
are covered by such franchise or selling agreement
| ||
specifically publicly advertised in the State by such | ||
manufacturer,
distributor, wholesaler, distributor branch | ||
or division, factory branch or
division, or wholesale | ||
branch or division to be available for immediate
delivery. | ||
However, the failure to deliver any motor vehicle shall not | ||
be
considered a violation of this Act if such failure is | ||
due to an act of God,
a work stoppage or delay due to a | ||
strike or labor difficulty, a shortage
of materials, a lack | ||
of manufacturing capacity, a freight embargo or other
cause | ||
over which the manufacturer, distributor, or wholesaler, | ||
or any agent
thereof has no control;
| ||
(4) to coerce, or attempt to coerce, any motor vehicle | ||
dealer to enter
into any agreement with such manufacturer, | ||
distributor, wholesaler, distributor
branch or division, | ||
factory branch or division, or wholesale branch or
| ||
division, or officer, agent or other representative | ||
thereof, or to do any
other act prejudicial to the dealer | ||
by threatening to reduce his allocation
of motor vehicles |
or cancel any franchise or any selling agreement existing
| ||
between such manufacturer, distributor, wholesaler, | ||
distributor branch or
division, or factory branch or | ||
division, or wholesale branch or division,
and the dealer. | ||
However, notice in good faith to any motor vehicle dealer
| ||
of the dealer's violation of any terms or provisions of | ||
such franchise or
selling agreement or of any law or | ||
regulation applicable to the conduct of
a motor vehicle | ||
dealer shall not constitute a violation of this Act;
| ||
(5) to require a franchisee to participate in an | ||
advertising campaign
or contest or any promotional | ||
campaign, or to purchase or lease any promotional
| ||
materials, training materials, show room or other display | ||
decorations or
materials at the expense of the franchisee;
| ||
(6) to cancel or terminate the franchise or selling | ||
agreement of a
motor vehicle dealer without good cause and | ||
without giving notice as
hereinafter provided; to fail or | ||
refuse to extend the franchise or selling
agreement of a | ||
motor vehicle dealer upon its expiration without good cause
| ||
and without giving notice as hereinafter provided; or, to | ||
offer a renewal,
replacement or succeeding franchise or | ||
selling agreement containing terms
and provisions the | ||
effect of which is to substantially change or modify the
| ||
sales and service obligations or capital requirements of | ||
the motor vehicle
dealer arbitrarily and without good cause | ||
and without giving notice as
hereinafter provided |
notwithstanding any term or provision of a franchise
or | ||
selling agreement.
| ||
(A) If a manufacturer, distributor, wholesaler, | ||
distributor branch or
division, factory branch or | ||
division or wholesale branch or division intends
to | ||
cancel or terminate a franchise or selling agreement or | ||
intends not to
extend or renew a franchise or selling | ||
agreement on its expiration, it shall
send a letter by | ||
certified mail, return
receipt requested, to the | ||
affected
franchisee at least
60 days before the | ||
effective date of the
proposed action, or not later | ||
than 10 days before the proposed action when the
reason | ||
for the action is based upon either of the following:
| ||
(i) the
business operations of the franchisee | ||
have been abandoned or
the franchisee has failed to | ||
conduct customary sales and service operations
| ||
during customary business hours for at least 7
| ||
consecutive business
days unless such closing is | ||
due to an act of God, strike or labor
difficulty or | ||
other cause over which the franchisee has no | ||
control; or
| ||
(ii) the conviction of or plea of nolo
| ||
contendere by the motor
vehicle dealer or any | ||
operator thereof in a court of competent | ||
jurisdiction
to an offense punishable by | ||
imprisonment for more than two years.
|
Each notice of proposed action shall include a | ||
detailed statement
setting forth the specific grounds | ||
for the proposed cancellation, termination,
or refusal | ||
to extend or renew and shall state that the dealer has
| ||
only 30 days from receipt of
the notice to file with | ||
the Motor Vehicle Review Board a written protest
| ||
against the proposed action.
| ||
(B) If a manufacturer, distributor, wholesaler, | ||
distributor branch or
division, factory branch or | ||
division or wholesale branch or division intends
to | ||
change substantially or modify the sales and service | ||
obligations or
capital requirements of a motor vehicle | ||
dealer as a condition to extending
or renewing the | ||
existing franchise or selling agreement of such motor
| ||
vehicle dealer, it shall
send a letter by certified | ||
mail, return receipt requested, to the affected
| ||
franchisee at
least 60
days
before the date of | ||
expiration of the franchise or selling agreement. Each
| ||
notice of proposed action shall include a detailed | ||
statement setting forth
the specific grounds for the | ||
proposed action
and shall state that the dealer has | ||
only 30 days from receipt of
the notice to file with | ||
the Motor Vehicle Review Board a written protest
| ||
against the proposed action.
| ||
(C) Within 30 days from receipt of the notice under
| ||
subparagraphs (A) and (B),
the franchisee may file with |
the Board a written
protest against the proposed | ||
action.
| ||
When the protest has been timely filed, the Board | ||
shall enter an
order,
fixing a date (within 60 days of | ||
the date of the order), time,
and place of a hearing on | ||
the protest required under Sections 12 and 29
of this | ||
Act, and send by certified mail, return receipt | ||
requested, a copy of
the order to the manufacturer that | ||
filed the notice of intention of the
proposed action | ||
and to the protesting dealer or franchisee.
| ||
The manufacturer shall have the burden of proof to | ||
establish that good
cause exists to cancel or | ||
terminate, or fail to extend or renew the franchise
or
| ||
selling agreement of a motor vehicle dealer or | ||
franchisee, and to change
substantially or modify the | ||
sales and service obligations or capital
requirements | ||
of a motor vehicle dealer as a condition to extending | ||
or renewing
the existing franchise or selling | ||
agreement. The determination whether good
cause exists | ||
to cancel, terminate, or refuse to renew or extend the | ||
franchise
or selling agreement, or to change or modify | ||
the obligations of the dealer as a
condition to offer | ||
renewal, replacement, or succession shall be made
by | ||
the Board under subsection (d) of Section 12 of this | ||
Act.
| ||
(D) Notwithstanding the terms, conditions, or |
provisions of a
franchise
or selling agreement, the | ||
following shall not constitute good cause for
| ||
cancelling or terminating or failing to extend or renew | ||
the franchise or
selling agreement: (i) the change of | ||
ownership or executive management of the
franchisee's | ||
dealership; or (ii)
the
fact that the franchisee or | ||
owner of an interest in the franchise owns, has
an | ||
investment in, participates in the management of, or | ||
holds a license for
the sale of the same or any other | ||
line make of new motor vehicles.
| ||
(E) The manufacturer may not cancel or terminate, | ||
or fail to extend or
renew a franchise or selling | ||
agreement or change or modify the obligations of
the | ||
franchisee as a condition to offering a renewal, | ||
replacement, or succeeding
franchise or selling | ||
agreement before the hearing process is concluded as
| ||
prescribed by this Act, and thereafter, if the Board | ||
determines that the
manufacturer has failed to meet its | ||
burden of proof and that good cause does
not exist to | ||
allow the proposed action;
| ||
(7) notwithstanding the terms of any franchise | ||
agreement, to fail to
indemnify and hold harmless its | ||
franchised dealers against any judgment
or settlement for | ||
damages, including, but not limited to, court costs, expert
| ||
witness fees, reasonable attorneys' fees of the new motor | ||
vehicle
dealer, and other expenses incurred in the |
litigation, so long as such fees
and costs are reasonable,
| ||
arising out
of complaints, claims , or lawsuits , including, | ||
but not limited to, strict
liability, negligence, | ||
misrepresentation, warranty (express or implied),
or | ||
rescission of the sale as defined in Section 2-608 of the | ||
Uniform Commercial
Code, to the extent that the judgment or | ||
settlement relates to the alleged
defective or negligent | ||
manufacture, assembly or design of new motor vehicles,
| ||
parts or accessories or other functions by the | ||
manufacturer, beyond the
control of the dealer; provided | ||
that, in order to provide an adequate
defense, the | ||
manufacturer receives notice of the filing of a complaint, | ||
claim,
or lawsuit within 60 days after the filing;
| ||
(8) to require or otherwise coerce a motor vehicle | ||
dealer to underutilize the motor vehicle dealer's | ||
facilities by requiring or otherwise coercing the motor | ||
vehicle dealer to exclude or remove from the motor vehicle | ||
dealer's facilities operations for selling or servicing of | ||
any vehicles for which the motor vehicle dealer has a | ||
franchise agreement with another manufacturer, | ||
distributor, wholesaler, distribution branch or division, | ||
or officer, agent, or other representative thereof; | ||
provided, however, that, in light of all existing | ||
circumstances, (i) the motor vehicle dealer maintains a | ||
reasonable line of credit for each make or line of new | ||
motor vehicle, (ii) the new motor vehicle dealer remains in |
compliance with any reasonable facilities requirements of | ||
the manufacturer, (iii) no change is made in the principal | ||
management of the new motor vehicle dealer, and (iv) the | ||
addition of the make or line of new motor vehicles would be | ||
reasonable. The reasonable facilities requirement set | ||
forth in item (ii) of subsection (d)(8) shall not include | ||
any requirement that a franchisee establish or maintain | ||
exclusive facilities, personnel, or display space. Any | ||
decision by a motor vehicle dealer to sell additional makes | ||
or lines at the motor vehicle dealer's facility shall be | ||
presumed to be reasonable, and the manufacturer shall have | ||
the burden to overcome that presumption. A motor vehicle | ||
dealer must provide a written notification of its intent to | ||
add a make or line of new motor vehicles to the | ||
manufacturer. If the manufacturer does not respond to the | ||
motor vehicle dealer, in writing, objecting to the addition | ||
of the make or line within 60 days after the date that the | ||
motor vehicle dealer sends the written notification, then | ||
the manufacturer shall be deemed to have approved the | ||
addition of the make or line; | ||
(9) to use or consider the performance of a motor | ||
vehicle dealer relating to the sale of the manufacturer's, | ||
distributor's, or wholesaler's vehicles or the motor | ||
vehicle dealer's ability to satisfy any minimum sales or | ||
market share quota or responsibility relating to the sale | ||
of the manufacturer's, distributor's, or wholesaler's new |
vehicles in determining: | ||
(A) the motor vehicle dealer's eligibility to | ||
purchase program, certified, or other used motor | ||
vehicles from the manufacturer, distributor, or | ||
wholesaler; | ||
(B) the volume, type, or model of program, | ||
certified, or other used motor vehicles that a motor | ||
vehicle dealer is eligible to purchase from the | ||
manufacturer, distributor, or wholesaler; | ||
(C) the price of any program, certified, or other | ||
used motor vehicle that the dealer is eligible to | ||
purchase from the manufacturer, distributor, or | ||
wholesaler; or | ||
(D) the availability or amount of any discount, | ||
credit, rebate, or sales incentive that the dealer is | ||
eligible to receive from the manufacturer, | ||
distributor, or wholesaler for the purchase of any | ||
program, certified, or other used motor vehicle | ||
offered for sale by the manufacturer, distributor, or | ||
wholesaler; | ||
(10) to take any adverse action against a dealer | ||
pursuant to an export or sale-for-resale prohibition | ||
because the dealer sold or leased a vehicle to a customer | ||
who either exported the vehicle to a foreign country or | ||
resold the vehicle in violation of the prohibition, unless | ||
the export or sale-for-resale prohibition policy was |
provided to the dealer in writing either electronically or | ||
on paper, prior to the sale or lease, and the dealer knew | ||
or reasonably should have known of the customer's intent to | ||
export or resell the vehicle in violation of the | ||
prohibition at the time of the sale or lease. If the dealer | ||
causes the vehicle to be registered and titled in this or | ||
any other state, and collects or causes to be collected any | ||
applicable sales or use tax to this State, a rebuttable | ||
presumption is established that the dealer did not have | ||
reason to know of the customer's intent to resell the | ||
vehicle; | ||
(11) to coerce or require any dealer to construct | ||
improvements to his or her facilities or to install new | ||
signs or other franchiser image elements that replace or | ||
substantially alter those improvements, signs, or | ||
franchiser image elements completed within the past 10 | ||
years that were required and approved by the manufacturer | ||
or one of its affiliates. The 10-year period under this | ||
paragraph (11) begins to run for a dealer, including that | ||
dealer's successors and assigns, on the date that the | ||
manufacturer gives final written approval of the facility | ||
improvements or installation of signs or other franchiser | ||
image elements or the date that the dealer receives a | ||
certificate of occupancy, whichever is later. For the | ||
purpose of this paragraph (11), the term "substantially | ||
alter" does not include routine maintenance, including, |
but not limited to, interior painting, that is reasonably | ||
necessary to keep a dealer facility in attractive | ||
condition; or | ||
(12) to require a dealer to purchase goods or services | ||
to make improvements to the dealer's facilities from a | ||
vendor selected, identified, or designated by a | ||
manufacturer or one of its affiliates by agreement, | ||
program, incentive provision, or otherwise without making | ||
available to the dealer the option to obtain the goods or | ||
services of substantially similar quality and overall | ||
design from a vendor chosen by the dealer and approved by | ||
the manufacturer; however, approval by the manufacturer | ||
shall not be unreasonably withheld, and the dealer's option | ||
to select a vendor shall not be available if the | ||
manufacturer provides substantial reimbursement for the | ||
goods or services offered. "Substantial reimbursement" | ||
means an amount equal to or greater than the cost savings | ||
that would result if the dealer were to utilize a vendor of | ||
the dealer's own selection instead of using the vendor | ||
identified by the manufacturer. For the purpose of this | ||
paragraph (12), the term "goods" does not include movable | ||
displays, brochures, and promotional materials containing | ||
material subject to the intellectual property rights of a | ||
manufacturer. If signs, other than signs containing the | ||
manufacturer's brand or logo or free-standing signs that | ||
are not directly attached to a building, or other |
franchiser image or design elements or trade dress are to | ||
be leased to the dealer by a vendor selected, identified, | ||
or designated by the manufacturer, the dealer has the right | ||
to purchase the signs or other franchiser image or design | ||
elements or trade dress of substantially similar quality | ||
and design from a vendor selected by the dealer if the | ||
signs, franchiser image or design elements, or trade dress | ||
are approved by the manufacturer. Approval by the | ||
manufacturer shall not be unreasonably withheld. This | ||
paragraph (12) shall not be construed to allow a dealer or | ||
vendor to impair, infringe upon, or eliminate, directly or | ||
indirectly, the intellectual property rights of the | ||
manufacturer , including, but not limited to, the | ||
manufacturer's intellectual property rights in any | ||
trademarks or trade dress, or other intellectual property | ||
interests owned or controlled by the manufacturer. This | ||
paragraph (12) shall not be construed to permit a dealer to | ||
erect or maintain signs that do not conform to the | ||
manufacturer's intellectual property rights or trademark | ||
or trade dress usage guidelines. | ||
(e) It shall be deemed a violation for a manufacturer, a | ||
distributor,
a wholesaler, a distributor branch or division or | ||
officer, agent or other
representative thereof:
| ||
(1) to resort to or use any false or misleading | ||
advertisement in
connection with his business as such | ||
manufacturer, distributor, wholesaler,
distributor branch |
or division or officer, agent or other representative
| ||
thereof;
| ||
(2) to offer to sell or lease, or to sell or lease, any | ||
new motor vehicle
to any motor vehicle dealer at a lower | ||
actual price therefor than the actual
price offered to any | ||
other motor vehicle dealer for the same model vehicle
| ||
similarly equipped or to utilize any device including, but | ||
not limited to,
sales promotion plans or programs which | ||
result in such lesser actual
price or fail to make | ||
available to any motor vehicle dealer any
preferential | ||
pricing, incentive, rebate, finance rate, or low interest | ||
loan
program offered to competing motor vehicle dealers in | ||
other contiguous states.
However, the provisions of this | ||
paragraph shall not apply to sales
to a motor vehicle | ||
dealer for resale to any unit of the United States
| ||
Government, the State or any of its political subdivisions;
| ||
(3) to offer to sell or lease, or to sell or lease, any | ||
new motor vehicle
to any person, except a wholesaler, | ||
distributor or manufacturer's employees
at a lower actual | ||
price therefor than the actual price offered and charged
to | ||
a motor vehicle dealer for the same model vehicle similarly | ||
equipped or
to utilize any device which results in such | ||
lesser actual price. However,
the provisions of this | ||
paragraph shall not apply to sales to a motor
vehicle | ||
dealer for resale to any unit of the United States | ||
Government, the
State or any of its political subdivisions;
|
(4) to prevent or attempt to prevent by contract or | ||
otherwise any motor
vehicle dealer or franchisee from | ||
changing the executive management control
of the motor
| ||
vehicle dealer or franchisee unless the franchiser, having | ||
the burden of
proof, proves that such change of executive | ||
management will result in executive
management control by a | ||
person or persons who are not of good moral character
or | ||
who do not meet the franchiser's existing and, with | ||
consideration given
to the volume of sales and service of | ||
the dealership, uniformly applied
minimum business | ||
experience standards in the market area. However , where
the | ||
manufacturer rejects a proposed change in executive | ||
management
control, the manufacturer shall give written | ||
notice of his reasons to the
dealer within 60 days of | ||
notice to the manufacturer by the dealer of
the proposed | ||
change. If the manufacturer does not send a letter to the
| ||
franchisee by certified mail, return receipt requested, | ||
within 60 days from
receipt by
the manufacturer of the | ||
proposed change, then the change of the
executive | ||
management control of the franchisee shall be deemed
| ||
accepted as proposed by the franchisee, and the | ||
manufacturer shall give
immediate
effect to such change;
| ||
(5) to prevent or attempt to prevent by contract or | ||
otherwise any motor
vehicle dealer from establishing or | ||
changing the capital structure of his
dealership or the | ||
means by or through which he finances the operation |
thereof;
provided the dealer meets any reasonable capital | ||
standards agreed to between
the dealer and the | ||
manufacturer, distributor or wholesaler, who may require
| ||
that the sources, method and manner by which the dealer | ||
finances or intends
to finance its operation, equipment or | ||
facilities be fully disclosed;
| ||
(6) to refuse to give effect to or prevent or attempt | ||
to prevent by
contract or otherwise any motor vehicle | ||
dealer or any officer, partner or
stockholder of any motor | ||
vehicle dealer from selling or transferring any
part of the | ||
interest of any of them to any other person or persons or | ||
party
or parties unless such sale or transfer is to a | ||
transferee who would
not otherwise qualify for a new motor | ||
vehicle dealers license under the
Illinois Vehicle Code or | ||
unless the franchiser, having the burden of proof,
proves | ||
that such sale or transfer is to a person or party who is | ||
not of
good moral character or does not meet the | ||
franchiser's existing and reasonable
capital standards | ||
and, with consideration given to the volume of sales and
| ||
service of the dealership, uniformly applied minimum | ||
business experience
standards in the market area.
However, | ||
nothing herein shall be construed to prevent a
franchiser | ||
from implementing affirmative action programs providing | ||
business
opportunities for minorities or from complying | ||
with applicable federal,
State or local law:
| ||
(A) If the manufacturer intends to refuse to |
approve the sale or
transfer of all or a part of the | ||
interest, then it shall, within 60 days from
receipt of | ||
the completed application forms generally utilized by | ||
a manufacturer
to conduct its review and a copy of all | ||
agreements regarding the proposed
transfer, send a | ||
letter by certified mail, return receipt requested, | ||
advising
the franchisee of any refusal to approve the | ||
sale or transfer of all or part of
the interest
and | ||
shall state that the dealer only has 30 days from the | ||
receipt of the
notice to file with the Motor Vehicle | ||
Review Board a written protest against
the proposed | ||
action.
The
notice shall set forth specific criteria | ||
used to evaluate the prospective
transferee and the | ||
grounds for refusing to approve the sale or transfer to
| ||
that transferee. Within 30 days from the franchisee's | ||
receipt of the
manufacturer's notice, the
franchisee | ||
may file
with the Board a written protest against the | ||
proposed action.
| ||
When a protest has been timely filed, the Board | ||
shall enter an
order, fixing the date (within 60 days | ||
of the date of such
order), time, and place of a | ||
hearing on the protest, required under
Sections 12 and | ||
29 of this Act, and send by certified mail, return | ||
receipt
requested, a copy of the order to the | ||
manufacturer that filed notice of
intention of the | ||
proposed action and to the protesting franchisee.
|
The manufacturer shall have the burden of proof to | ||
establish that good
cause exists to refuse to approve | ||
the sale or transfer to the transferee. The
| ||
determination whether good cause exists to refuse to | ||
approve the sale or
transfer shall be made by the Board | ||
under subdivisions (6)(B).
The manufacturer shall not | ||
refuse to approve the sale or transfer
by
a dealer or | ||
an officer, partner, or stockholder of a franchise or | ||
any part
of the interest to any person or persons | ||
before the hearing process is
concluded as prescribed | ||
by this Act, and thereafter if the Board determines
| ||
that the manufacturer has failed to meet its burden of | ||
proof and that good
cause does not exist to refuse to | ||
approve the sale or transfer to the
transferee.
| ||
(B) Good cause to refuse to approve such sale or | ||
transfer under this
Section is established when such | ||
sale or transfer is to a transferee who would
not | ||
otherwise qualify for a new motor vehicle dealers | ||
license under the
Illinois Vehicle Code or such sale or | ||
transfer is to a person or party who is
not of good | ||
moral character or does not meet the franchiser's | ||
existing and
reasonable capital standards and, with | ||
consideration given to the volume of
sales and service | ||
of the dealership, uniformly applied minimum business
| ||
experience standards in the market area.
| ||
(7) to obtain money, goods, services, anything of |
value, or any other
benefit from any other person with whom | ||
the motor vehicle dealer does business,
on account of or in | ||
relation to the transactions between the dealer and
the | ||
other person as compensation, except for services actually | ||
rendered,
unless such benefit is promptly accounted for and | ||
transmitted to the motor
vehicle dealer;
| ||
(8) to grant an additional franchise in the relevant | ||
market area of an
existing franchise of the same line make | ||
or to relocate an existing motor
vehicle dealership within | ||
or into a relevant market area of an existing
franchise of | ||
the same line make.
However, if the manufacturer wishes to
| ||
grant such an additional franchise to an independent person | ||
in a bona fide
relationship in which such person is | ||
prepared to make a significant
investment subject to loss | ||
in such a dealership, or if the manufacturer
wishes to | ||
relocate an existing motor vehicle dealership, then the
| ||
manufacturer shall send a letter
by certified mail, return | ||
receipt requested, to each existing dealer or dealers
of | ||
the same line make whose relevant
market area includes the | ||
proposed location of the additional or relocated
franchise | ||
at least
60 days before the manufacturer grants an | ||
additional franchise or relocates an
existing franchise of | ||
the same line make within or into the relevant market
area | ||
of an existing
franchisee of the same line make. Each | ||
notice shall set forth the specific
grounds for the | ||
proposed grant of an additional or relocation of an |
existing
franchise and shall state that the dealer has only | ||
30 days from the date of receipt of the notice to file with | ||
the Motor Vehicle Review Board a written protest against | ||
the proposed action. Unless the parties agree upon the | ||
grant or establishment of the
additional or relocated | ||
franchise within 30 days from the date the
notice was
| ||
received by the existing franchisee of the same line make | ||
or any person
entitled to receive such notice, the | ||
franchisee or other person may file
with the Board a | ||
written protest against the grant or establishment of the
| ||
proposed additional or relocated franchise.
| ||
When a protest has been timely filed, the Board shall | ||
enter an order
fixing a date (within 60 days of the date of | ||
the order), time,
and place of a hearing on the protest, | ||
required under Sections 12 and 29
of this Act, and send by | ||
certified or registered mail, return receipt
requested, a | ||
copy of the order to the manufacturer that filed the notice | ||
of
intention to grant or establish the proposed additional | ||
or relocated
franchise and to the protesting dealer or | ||
dealers of the same line make
whose
relevant market area | ||
includes the proposed location of the additional or
| ||
relocated franchise.
| ||
When more than one protest is filed against the grant | ||
or establishment of
the
additional or relocated franchise | ||
of the same line make, the Board may
consolidate the | ||
hearings to expedite disposition of the matter. The
|
manufacturer shall have the burden of proof to establish | ||
that good cause
exists to allow the grant or establishment | ||
of the additional or relocated
franchise. The manufacturer | ||
may not grant or establish the additional
franchise or | ||
relocate the existing franchise before the hearing process | ||
is
concluded as prescribed by this Act, and thereafter if | ||
the Board determines
that the manufacturer has failed to | ||
meet its burden of proof and that good
cause does not exist | ||
to allow the grant or establishment of the additional
| ||
franchise or relocation of the existing franchise.
| ||
The determination whether good cause exists for | ||
allowing the grant or
establishment of an additional | ||
franchise or relocated existing franchise,
shall be made by | ||
the Board under subsection (c) of Section 12 of this Act.
| ||
If the manufacturer seeks to enter
into a contract, | ||
agreement or other arrangement with any person,
| ||
establishing any additional motor vehicle dealership or | ||
other facility,
limited to the sale of factory repurchase | ||
vehicles or late model vehicles,
then the manufacturer | ||
shall follow the notice procedures set forth in this
| ||
Section and the
determination whether good cause exists for | ||
allowing the proposed agreement
shall be made by the Board | ||
under subsection (c) of Section 12, with the
manufacturer | ||
having
the burden of proof.
| ||
A. (Blank).
| ||
B. For the purposes of this Section, appointment of |
a successor motor
vehicle dealer at the same location | ||
as its predecessor, or within 2 miles
of such location,
| ||
or the relocation of an existing dealer or franchise | ||
within 2 miles of
the relocating dealer's or | ||
franchisee's existing location,
shall not be construed | ||
as a grant, establishment or the
entering into of an | ||
additional franchise or selling agreement, or a
| ||
relocation of an existing franchise. The reopening
of a | ||
motor vehicle dealership that has not been in operation | ||
for 18 months
or more shall be deemed the grant of an | ||
additional franchise or selling
agreement.
| ||
C. This Section does not apply to the relocation of | ||
an existing
dealership or franchise in a county having | ||
a population of more than
300,000 persons when the new | ||
location is within the dealer's current
relevant | ||
market area, provided the new location is more than 7 | ||
miles from
the nearest dealer of the same line make. | ||
This Section does not apply to
the relocation of an | ||
existing dealership or franchise in a county having a
| ||
population of less than 300,000 persons when the new | ||
location is within the
dealer's current relevant | ||
market area, provided the new location is more
than 12 | ||
miles from the nearest dealer of the same line make. A | ||
dealer that would be farther away
from the new location | ||
of an existing dealership or
franchise of the same line | ||
make after a relocation may not
file a written protest |
against the relocation with the
Motor Vehicle Review | ||
Board.
| ||
D. Nothing in this Section shall be construed to | ||
prevent a
franchiser from implementing affirmative | ||
action programs providing business
opportunities for | ||
minorities or from complying with applicable federal,
| ||
State or local law;
| ||
(9) to require a motor vehicle dealer to assent to a | ||
release, assignment,
novation, waiver or estoppel which | ||
would relieve any person from liability
imposed by this | ||
Act;
| ||
(10) to prevent or refuse to give effect to the | ||
succession to the
ownership or management control of a | ||
dealership by any legatee under the
will of a dealer or to | ||
an heir under the laws of descent and distribution
of this | ||
State unless the franchisee has designated a successor to | ||
the ownership
or management control under the succession | ||
provisions of the franchise.
Unless the
franchiser, having | ||
the burden of proof, proves that the successor
is a person | ||
who is not of good moral character or does not meet the
| ||
franchiser's existing and reasonable capital standards | ||
and, with consideration
given to the volume of sales and | ||
service of the dealership, uniformly applied
minimum | ||
business experience standards in the market area, any | ||
designated
successor of a dealer or franchisee may succeed | ||
to the ownership or management
control of a dealership |
under the existing franchise if:
| ||
(i) The designated successor gives the | ||
franchiser written notice by
certified mail, | ||
return receipt requested, of his or her intention | ||
to succeed to
the ownership of the dealer within 60 | ||
days of the dealer's death or incapacity;
and
| ||
(ii) The designated successor agrees to be | ||
bound by all the terms
and
conditions of the | ||
existing franchise.
| ||
Notwithstanding the foregoing, in the event the motor | ||
vehicle dealer or
franchisee and manufacturer have duly | ||
executed an agreement concerning
succession rights prior | ||
to the dealer's death or incapacitation, the agreement
| ||
shall be observed.
| ||
(A) If the franchiser intends to refuse to honor | ||
the successor to the
ownership of a deceased or | ||
incapacitated dealer or franchisee under an
existing | ||
franchise agreement, the franchiser shall send a | ||
letter by certified
mail, return receipt requested, to | ||
the
designated successor within
60 days
from receipt of | ||
a proposal advising of its intent to refuse to honor | ||
the
succession and to discontinue the existing | ||
franchise agreement
and shall state that the | ||
designated successor only has 30 days from the
receipt | ||
of the notice to file with the Motor Vehicle Review | ||
Board a written
protest against the proposed action.
|
The notice shall set forth the
specific grounds for the | ||
refusal to honor the succession and discontinue the
| ||
existing franchise agreement.
| ||
If notice of refusal is not timely served upon the | ||
designated
successor,
the franchise agreement shall | ||
continue in effect subject to termination only as
| ||
otherwise permitted by paragraph (6) of subsection (d) | ||
of Section 4 of this
Act.
| ||
Within 30 days from the date the notice was | ||
received by the
designated
successor or any other | ||
person entitled to notice, the designee or other
person | ||
may file with the Board a written protest against the | ||
proposed action.
| ||
When a protest has been timely filed, the Board | ||
shall enter an
order,
fixing a date (within 60 days of | ||
the date of the order), time,
and place of a hearing on | ||
the protest, required under Sections 12 and 29
of this | ||
Act, and send by certified mail, return receipt | ||
requested, a copy of
the order to the franchiser that | ||
filed the notice of intention of the
proposed action | ||
and to the protesting designee or such other person.
| ||
The manufacturer shall have the burden of proof to | ||
establish that good
cause exists to refuse to honor the | ||
succession and discontinue the existing
franchise | ||
agreement. The determination whether good cause exists | ||
to refuse to
honor the succession shall be made by the |
Board under subdivision (B) of this
paragraph (10). The | ||
manufacturer shall not refuse to honor the succession | ||
or
discontinue the existing franchise agreement before | ||
the hearing process is
concluded as prescribed by this | ||
Act, and thereafter if the Board determines
that it has | ||
failed to meet its burden of proof and that good cause | ||
does not
exist to refuse to honor the succession and | ||
discontinue the existing
franchise agreement.
| ||
(B) No manufacturer shall impose any conditions | ||
upon honoring the
succession and continuing the | ||
existing franchise agreement with the designated
| ||
successor other than that the franchisee has | ||
designated a successor to the
ownership or management | ||
control under the succession provisions of the
| ||
franchise, or that the designated successor is of good | ||
moral character or meets
the reasonable capital | ||
standards and, with consideration given to the volume | ||
of
sales and service of the dealership, uniformly | ||
applied minimum business
experience standards in the | ||
market area;
| ||
(11) to prevent or refuse to approve a proposal to | ||
establish a successor
franchise at a location previously | ||
approved by the franchiser when submitted
with the | ||
voluntary termination by the existing franchisee unless | ||
the successor
franchisee would not otherwise qualify for a | ||
new motor vehicle dealer's
license under the Illinois |
Vehicle Code or unless the franchiser, having
the burden of | ||
proof, proves that such proposed successor is not of good
| ||
moral character or does not meet the franchiser's existing | ||
and reasonable
capital standards and, with consideration | ||
given to the volume of sales and
service of the dealership, | ||
uniformly applied minimum business experience
standards in | ||
the market area. However, when such a rejection
of a | ||
proposal is made, the manufacturer shall give written | ||
notice of its
reasons to the franchisee within 60 days of | ||
receipt by the manufacturer
of the proposal. However, | ||
nothing herein shall be construed
to prevent a franchiser | ||
from implementing affirmative action programs providing
| ||
business opportunities for minorities, or from complying | ||
with applicable
federal, State or local law;
| ||
(12) to prevent or refuse to grant a franchise to a | ||
person because such
person owns, has investment in or | ||
participates in the management of or holds
a franchise for | ||
the sale of another make or line of motor vehicles within
7 | ||
miles of the proposed franchise location in a county having | ||
a population
of more than 300,000 persons, or within 12 | ||
miles of the proposed franchise
location in a county having | ||
a population of less than 300,000
persons;
| ||
(13) to prevent or attempt to prevent any new motor | ||
vehicle dealer
from establishing any additional motor | ||
vehicle dealership or other facility
limited to the sale of | ||
factory repurchase vehicles or late model vehicles
or |
otherwise offering for sale factory repurchase vehicles of | ||
the same line
make at an existing franchise by failing to | ||
make
available any contract, agreement or other | ||
arrangement which is made
available or otherwise offered to | ||
any person; or
| ||
(14) to exercise a right of first refusal or other | ||
right to acquire a franchise from a dealer, unless the | ||
manufacturer: | ||
(A) notifies the dealer in writing that it intends | ||
to exercise its right to acquire the franchise not | ||
later than 60 days after the manufacturer's or | ||
distributor's receipt of a notice of the proposed | ||
transfer from the dealer and all information and | ||
documents reasonably and customarily required by the | ||
manufacturer or distributor supporting the proposed | ||
transfer; | ||
(B) pays to the dealer the same or greater | ||
consideration as the dealer has contracted to receive | ||
in connection with the proposed transfer or sale of all | ||
or substantially all of the dealership assets, stock, | ||
or other ownership interest, including the purchase or | ||
lease of all real property, leasehold, or improvements | ||
related to the transfer or sale of the dealership. Upon | ||
exercise of the right of first refusal or such other | ||
right, the manufacturer or distributor shall have the | ||
right to assign the lease or to convey the real |
property; | ||
(C) assumes all of the duties, obligations, and | ||
liabilities contained in the agreements that were to be | ||
assumed by the proposed transferee and with respect to | ||
which the manufacturer or distributor exercised the | ||
right of first refusal or other right to acquire the | ||
franchise; | ||
(D) reimburses the proposed transferee for all | ||
reasonable expenses incurred in evaluating, | ||
investigating, and negotiating the transfer of the | ||
dealership prior to the manufacturer's or | ||
distributor's exercise of its right of first refusal or | ||
other right to acquire the dealership. For purposes of | ||
this paragraph, "reasonable expenses" includes the | ||
usual and customary legal and accounting fees charged | ||
for similar work, as well as expenses associated with | ||
the evaluation and investigation of any real property | ||
on which the dealership is operated. The proposed | ||
transferee shall submit an itemized list of its | ||
expenses to the manufacturer or distributor not later | ||
than 30 days after the manufacturer's or distributor's | ||
exercise of the right of first refusal or other right | ||
to acquire the motor vehicle franchise. The | ||
manufacturer or distributor shall reimburse the | ||
proposed transferee for its expenses not later than 90 | ||
days after receipt of the itemized list. A manufacturer |
or distributor may request to be provided with the | ||
itemized list of expenses before exercising the | ||
manufacturer's or distributor's right of first | ||
refusal. | ||
Except as provided in this paragraph (14), neither the | ||
selling dealer nor the manufacturer or distributor shall | ||
have any liability to any person as a result of a | ||
manufacturer or distributor exercising its right of first | ||
refusal. | ||
For the purpose of this paragraph, "proposed | ||
transferee" means the person to whom the franchise would | ||
have been transferred to, or was proposed to be transferred | ||
to, had the right of first refusal or other right to | ||
acquire the franchise not been exercised by the | ||
manufacturer or distributor. | ||
(f) It is deemed a violation for a manufacturer, a | ||
distributor, a wholesaler,
a distributor
branch or division, a | ||
factory branch or division, or a wholesale branch or
division, | ||
or
officer, agent, broker, shareholder, except a shareholder of | ||
1% or less of the
outstanding
shares of any class of securities | ||
of a manufacturer, distributor, or wholesaler
which is a
| ||
publicly traded corporation, or other representative, directly | ||
or indirectly,
to own or
operate a place of business as a motor | ||
vehicle franchisee or motor vehicle
financing
affiliate, | ||
except that, this subsection shall not prohibit: | ||
(1) the ownership or
operation of a
place of business |
by a manufacturer, distributor, or wholesaler for a period,
| ||
not to exceed
18 months, during the transition from one | ||
motor vehicle franchisee to another;
| ||
(2) the
investment in a motor vehicle franchisee by a | ||
manufacturer, distributor, or
wholesaler if
the investment | ||
is for the sole purpose of enabling a partner or | ||
shareholder in
that motor
vehicle franchisee to acquire an | ||
interest in that motor vehicle franchisee and
that partner
| ||
or shareholder is not otherwise employed by or associated | ||
with the
manufacturer,
distributor, or wholesaler and | ||
would not otherwise have the requisite capital
investment
| ||
funds to invest in the motor vehicle franchisee, and has | ||
the right to purchase
the entire
equity interest of the | ||
manufacturer, distributor, or wholesaler in the motor
| ||
vehicle
franchisee within a reasonable period of time not | ||
to exceed 5 years; or
| ||
(3) the ownership or operation of a place of business | ||
by a manufacturer that manufactures only diesel engines for | ||
installation in trucks having a gross vehicle weight rating | ||
of more than 16,000 pounds that are required to be | ||
registered under the Illinois Vehicle Code, provided that: | ||
(A) the manufacturer does not otherwise | ||
manufacture, distribute, or sell motor vehicles as | ||
defined under Section 1-217 of the Illinois Vehicle | ||
Code; | ||
(B) the manufacturer owned a place of business and |
it was in operation as of January 1, 2016; | ||
(C) the manufacturer complies with all obligations | ||
owed to dealers that are not owned, operated, or | ||
controlled by the manufacturer, including, but not | ||
limited to those obligations arising pursuant to | ||
Section 6; | ||
(D) to further avoid any acts or practices, the | ||
effect of which may be to lessen or eliminate | ||
competition, the manufacturer provides to dealers on | ||
substantially equal terms access to all support for | ||
completing repairs, including, but not limited to, | ||
parts and assemblies, training, and technical service | ||
bulletins, and other information concerning repairs | ||
that the manufacturer provides to facilities that are | ||
owned, operated, or controlled by the manufacturer; | ||
and | ||
(E) the manufacturer does not require that | ||
warranty repair work be performed by a | ||
manufacturer-owned repair facility and the | ||
manufacturer provides any dealer that has an agreement | ||
with the manufacturer to sell and perform warranty | ||
repairs on the manufacturer's engines the opportunity | ||
to perform warranty repairs on those engines, | ||
regardless of whether the dealer sold the truck into | ||
which the engine was installed. | ||
(g) Notwithstanding the terms, provisions, or conditions |
of any agreement or
waiver, it shall be deemed a violation for | ||
a manufacturer, a distributor,
a wholesaler, a distributor | ||
branch or division, a factory branch or division,
or a | ||
wholesale branch or division, or officer, agent or other | ||
representative
thereof, to directly or indirectly condition | ||
the awarding of a franchise to a
prospective new motor vehicle | ||
dealer, the addition of a line make or
franchise to an existing | ||
dealer, the renewal of a franchise of an existing
dealer, the | ||
approval of the relocation of an existing dealer's facility, or | ||
the
approval of the sale or transfer of the ownership of a | ||
franchise on the
willingness of a dealer, proposed new dealer, | ||
or owner of an interest in the
dealership facility to enter | ||
into a site control agreement or exclusive use
agreement unless | ||
separate and reasonable consideration was offered and accepted | ||
for that agreement. | ||
For purposes of this subsection (g), the terms "site | ||
control
agreement" and "exclusive use agreement" include any | ||
agreement that has
the effect of either (i) requiring that the | ||
dealer establish or maintain
exclusive dealership facilities; | ||
or (ii) restricting the ability of the dealer, or
the ability | ||
of the dealer's lessor in the event the dealership facility is | ||
being
leased, to transfer, sell, lease, or change the use of | ||
the dealership premises,
whether by sublease, lease, | ||
collateral pledge of lease, or other similar agreement. "Site | ||
control agreement" and "exclusive use agreement" also include a | ||
manufacturer restricting the ability of a dealer to transfer, |
sell, or lease the dealership premises by right of first | ||
refusal to purchase or lease, option to purchase, or option to | ||
lease if the transfer, sale, or lease of the dealership | ||
premises is to a person who is an immediate family member of | ||
the dealer. For the purposes of this subsection (g), "immediate | ||
family member" means a spouse, parent, son, daughter, | ||
son-in-law, daughter-in-law, brother, and sister. | ||
If a manufacturer exercises any right of first refusal to | ||
purchase or lease or option to purchase or lease with regard to | ||
a transfer, sale, or lease of the dealership premises to a | ||
person who is not an immediate family member of the dealer, | ||
then (1) within 60 days from the receipt of the completed | ||
application forms generally utilized by a manufacturer to | ||
conduct its review and a copy of all agreements regarding the | ||
proposed transfer, the manufacturer must notify the dealer of | ||
its intent to exercise the right of first refusal to purchase | ||
or lease or option to purchase or lease and (2) the exercise of | ||
the right of first refusal to purchase or lease or option to | ||
purchase or lease must result in the dealer receiving | ||
consideration, terms, and conditions that either are the same | ||
as or greater than that which they have contracted to receive | ||
in connection with the proposed transfer, sale, or lease of the | ||
dealership premises. | ||
Any provision
contained in any agreement entered into on or | ||
after November 25, 2009 (the effective date of Public Act | ||
96-824) that is inconsistent with the provisions of this |
subsection (g) shall be
voidable at the election of the | ||
affected dealer, prospective dealer, or owner
of an interest in | ||
the dealership facility. | ||
(h) For purposes of this subsection: | ||
"Successor manufacturer" means any motor vehicle | ||
manufacturer that, on or after January 1, 2009, acquires, | ||
succeeds to, or
assumes any part of the business of another | ||
manufacturer, referred to as the
"predecessor manufacturer", | ||
as the result of any of the following: | ||
(i) A change in ownership, operation, or control of the | ||
predecessor
manufacturer by sale or transfer of assets, | ||
corporate stock or other
equity interest, assignment, | ||
merger, consolidation, combination, joint
venture, | ||
redemption, court-approved sale, operation of law or
| ||
otherwise. | ||
(ii) The termination, suspension, or cessation of a | ||
part or all of the
business operations of the predecessor | ||
manufacturer. | ||
(iii) The discontinuance of the sale of the product | ||
line. | ||
(iv) A change in distribution system by the predecessor | ||
manufacturer,
whether through a change in distributor or | ||
the predecessor
manufacturer's decision to cease | ||
conducting business through a
distributor altogether. | ||
"Former Franchisee" means a new motor vehicle dealer that | ||
has entered into a franchise with a predecessor manufacturer |
and that has either: | ||
(i) entered into a termination agreement or deferred | ||
termination
agreement with a predecessor or successor | ||
manufacturer related to
such franchise; or | ||
(ii) has had such franchise canceled, terminated, | ||
nonrenewed,
noncontinued, rejected, nonassumed, or | ||
otherwise ended. | ||
For a period of 3 years from: (i) the date that a successor | ||
manufacturer acquires, succeeds to, or assumes any part of the | ||
business of a predecessor manufacturer; (ii) the last day that | ||
a former franchisee is authorized to remain in business as a | ||
franchised dealer with respect to a particular franchise under | ||
a termination agreement or deferred termination agreement with | ||
a predecessor or successor manufacturer; (iii) the last day | ||
that a former franchisee that was cancelled, terminated, | ||
nonrenewed, noncontinued, rejected, nonassumed, or otherwise | ||
ended by a predecessor or successor manufacturer is authorized | ||
to remain in business as a franchised dealer with respect to a | ||
particular franchise; or (iv) November 25, 2009 (the effective | ||
date of Public Act 96-824), whichever is latest, it shall be | ||
unlawful for such successor manufacturer to enter into a same | ||
line make franchise with any
person or to permit the relocation | ||
of any existing same line
make franchise, for a line make of | ||
the predecessor manufacturer that would be located or
relocated | ||
within the relevant market area of a former franchisee who | ||
owned or leased a
dealership facility in that relevant market |
area without first offering the additional or relocated
| ||
franchise to the former franchisee, or the designated successor | ||
of such former franchisee in the
event the former franchisee is | ||
deceased or a person with a disability, at no cost and without | ||
any requirements or
restrictions other than those imposed | ||
generally on the manufacturer's other franchisees at that
time, | ||
unless one of the following applies: | ||
(1) As a result of the former franchisee's | ||
cancellation, termination,
noncontinuance, or nonrenewal | ||
of the franchise, the predecessor
manufacturer had | ||
consolidated the line make with another of its line makes
| ||
for which the predecessor manufacturer had a franchisee | ||
with a then-existing
dealership facility located within | ||
that relevant market area. | ||
(2) The successor manufacturer has paid the former | ||
franchisee, or the
designated successor of such former | ||
franchisee in the event the former
franchisee is deceased | ||
or a person with a disability, the fair market value of the | ||
former
franchisee's franchise on (i) the date the | ||
franchiser franchisor announces the action which results | ||
in the termination, cancellation, or nonrenewal; or (ii) | ||
the date the action which results in termination, | ||
cancellation, or nonrenewal first became general | ||
knowledge; or (iii) the day 12 months prior to the date on | ||
which the notice of termination, cancellation, or | ||
nonrenewal is issued, whichever amount is higher. Payment |
is due within 90 days of the effective date of the | ||
termination, cancellation, or nonrenewal. If the | ||
termination, cancellation, or nonrenewal is due to a | ||
manufacturer's change in distributors, the manufacturer | ||
may avoid paying fair market value to the dealer if the new | ||
distributor or the manufacturer offers the dealer a | ||
franchise agreement with terms acceptable to the dealer. | ||
(3) The successor manufacturer proves that it would | ||
have had good cause to terminate the franchise agreement of | ||
the former franchisee, or the successor of the former | ||
franchisee under item (e)(10) in the event that the former | ||
franchisee is deceased or a person with a disability. The | ||
determination of whether the successor manufacturer would | ||
have had good cause to terminate the franchise agreement of | ||
the former franchisee, or the successor of the former | ||
franchisee, shall be made by the Board under subsection (d) | ||
of Section 12. A successor manufacturer that seeks to | ||
assert that it would have had good cause to terminate a | ||
former franchisee, or the successor of the former | ||
franchisee, must file a petition seeking a hearing on this | ||
issue before the Board and shall have the burden of proving | ||
that it would have had good cause to terminate the former | ||
franchisee or the successor of the former franchisee. No | ||
successor dealer, other than the former franchisee, may be | ||
appointed or franchised by the successor manufacturer | ||
within the relevant market area of the former franchisee |
until the Board has held a hearing and rendered a | ||
determination on the issue of whether the successor | ||
manufacturer would have had good cause to terminate the | ||
former franchisee. | ||
In the event that a successor manufacturer attempts to | ||
enter into a same line make franchise with any person or to | ||
permit the relocation of any existing line make franchise under | ||
this subsection (h) at a location that is within the relevant | ||
market area of 2 or more former franchisees, then the successor | ||
manufacturer may not offer it to any person other than one of | ||
those former franchisees unless the successor manufacturer can | ||
prove that at least one of the 3 exceptions in items (1), (2), | ||
and (3) of this subsection (h) applies to each of those former | ||
franchisees. | ||
(Source: P.A. 99-143, eff. 7-27-15; 99-844, eff. 8-19-16; | ||
100-201, eff. 8-18-17; 100-308, eff. 8-24-17; revised | ||
1-29-18.)
| ||
(815 ILCS 710/10.1) (from Ch. 121 1/2, par. 760.1)
| ||
Sec. 10.1.
(a) As used in this Section, "motorcycle" means | ||
every motor
vehicle having a seat or saddle for the use of the | ||
rider and designed to
travel with 3 or less wheels in contact | ||
with the ground, excluding farm,
garden, and lawn equipment, | ||
and including off-highway
vehicles.
| ||
(b) It shall be deemed a violation for a manufacturer, a | ||
distributor, a
wholesaler, a distributor branch or division, or |
officer, agent , or other
representative thereof:
| ||
(1) To require a motorcycle franchisee to participate | ||
in a retail
financing plan or retail leasing plan or to | ||
participate in any retail
consumer insurance plan.
| ||
(2) To own, to operate or to control any motorcycle | ||
dealership in this
State for a period longer than 2 years.
| ||
(3) (Blank). Whenever any motorcycle dealer enters | ||
into a franchise agreement,
evidenced by a contract, with a | ||
wholesaler, manufacturer or distributor
wherein the | ||
franchisee agrees to maintain an inventory and the contract | ||
is
terminated by the wholesaler, manufacturer, | ||
distributor, or franchisee,
then the franchisee may | ||
require the repurchase of the inventory as provided
for in | ||
this Act. If the franchisee has any outstanding debts to | ||
the
wholesaler, manufacturer or distributor then the | ||
repurchase amount may be
credited to the franchisee's | ||
account.
The franchise agreement shall either expressly or | ||
by operation of law have as
part of its terms a security | ||
agreement whereby the wholesaler, manufacturer, or
| ||
distributor agrees to and does grant a security interest to | ||
the motorcycle
dealer in the repurchased inventory to | ||
secure payment of the repurchase amount
to the dealer. The | ||
perfection, priority, and
other matters relating to the | ||
security interest shall be governed by Article 9
of the | ||
Uniform Commercial Code. The provisions of this Section | ||
shall not be
construed to affect in any way any security |
interest that any financial
institution, person, | ||
wholesaler, manufacturer, or distributor may have in the
| ||
inventory of the motorcycle dealer.
| ||
(4) To require a motorcycle dealer to utilize
| ||
manufacturer approved floor fixtures for the display of any
| ||
product that is not a product of the manufacturer. | ||
(5) To require a motorcycle dealer to purchase
lighting | ||
fixtures that are to be installed in the
dealership only | ||
from the manufacturer's approved vendors. | ||
(6) To require a motorcycle dealer to relocate to a
new | ||
or alternate facility. | ||
Whenever any motorcycle dealer enters into a franchise | ||
agreement,
evidenced by a contract, with a wholesaler, | ||
manufacturer, or distributor
wherein the franchisee agrees to | ||
maintain an inventory and the contract is
terminated by the | ||
wholesaler, manufacturer, distributor, or franchisee,
then the | ||
franchisee may require the repurchase of the inventory as | ||
provided
for in this Act. If the franchisee has any outstanding | ||
debts to the
wholesaler, manufacturer, or distributor, then the | ||
repurchase amount may be
credited to the franchisee's account.
| ||
The franchise agreement shall either expressly or by operation | ||
of law have as
part of its terms a security agreement whereby | ||
the wholesaler, manufacturer, or
distributor agrees to and does | ||
grant a security interest to the motorcycle
dealer in the | ||
repurchased inventory to secure payment of the repurchase | ||
amount
to the dealer. The perfection, priority, and
other |
matters relating to the security interest shall be governed by | ||
Article 9
of the Uniform Commercial Code. The provisions of | ||
this Section shall not be
construed to affect in any way any | ||
security interest that any financial
institution, person, | ||
wholesaler, manufacturer, or distributor may have in the
| ||
inventory of the motorcycle dealer. | ||
(c) The provisions of this Section 10.1 are applicable to | ||
all new or
existing
motorcycle
franchisees and franchisers | ||
franchisors and are in addition to the other rights and
| ||
remedies provided in this Act, and, in the case of a conflict | ||
with other
provisions contained in this Act, with respect to | ||
motorcycle franchises,
this Section shall be controlling.
| ||
(d) The filing of a timely protest by a motorcycle | ||
franchise before the
Motor Vehicle
Review Board as prescribed | ||
by Sections 12 and 29 of this Act, shall stay the
effective
| ||
date of a proposed additional franchise or selling agreement, | ||
or the effective
date of a
proposed motorcycle dealership | ||
relocation, or the effective date of a
cancellation,
| ||
termination , or modification, or extend the expiration date of | ||
a franchise or
selling
agreement by refusal to honor succession | ||
to ownership or refusal to approve a
sale
or
transfer pending a | ||
final determination of the issues in the hearing.
| ||
(Source: P.A. 98-424, eff. 1-1-14; revised 10-6-17.)
| ||
Section 685. The Illinois Secure Choice Savings Program Act | ||
is amended by changing Section 60 as follows: |
(820 ILCS 80/60)
| ||
Sec. 60. Program implementation and enrollment. Except as | ||
otherwise provided in Section 93 of this Act, the Program shall | ||
be implemented, and enrollment of employees shall begin in | ||
2018. The Board shall establish an implementation timeline | ||
under which employers shall enroll their employees in into the | ||
Program. The timeline shall include the date by which an | ||
employer must begin enrollment of its employees in into the | ||
Program and the date by which enrollment must be complete. The | ||
Board shall adopt the implementation timeline at a public | ||
meeting of the Board and shall publicize the implementation | ||
timeline. The Board shall provide advance notice to employers | ||
of their enrollment date and the amount of time to complete | ||
enrollment. The Board's implementation timeline shall ensure | ||
that all employees are required to be enrolled in into the | ||
Program by December 31, 2020. The provisions of this Section | ||
shall be in force after the Board opens the Program for | ||
enrollment. | ||
(a) Each employer shall establish a payroll deposit | ||
retirement savings arrangement to allow each employee to | ||
participate in the Program within the timeline set by the Board | ||
after the Program opens for enrollment. | ||
(b) Employers shall automatically enroll in the Program | ||
each of their employees who has not opted out of participation | ||
in the Program using the form described in subsection (c) of |
Section 55 of this Act and shall provide payroll deduction | ||
retirement savings arrangements for such employees and | ||
deposit, on behalf of such employees, these funds into the | ||
Program. Small employers may, but are not required to, provide | ||
payroll deduction retirement savings arrangements for each | ||
employee who elects to participate in the Program. Small | ||
employers' use of automatic enrollment for employees is subject | ||
to final rules from the United States Department of Labor. | ||
Utilization of automatic enrollment by small employers may be | ||
allowed only if it does not create employer liability under the | ||
federal Employee Retirement Income Security Act. | ||
(c) Enrollees shall have the ability to select a | ||
contribution level into the Fund. This level may be expressed | ||
as a percentage of wages or as a dollar amount up to the | ||
deductible amount for the enrollee's taxable year under Section | ||
219(b)(1)(A) of the Internal Revenue Code. Enrollees may change | ||
their contribution level at any time, subject to rules | ||
promulgated by the Board. If an enrollee fails to select a | ||
contribution level using the form described in subsection (c) | ||
of Section 55 of this Act, then he or she shall contribute the | ||
default contribution rate of his or her wages to the Program, | ||
provided that such contributions shall not cause the enrollee's | ||
total contributions to IRAs for the year to exceed the | ||
deductible amount for the enrollee's taxable year under Section | ||
219(b)(1)(A) of the Internal Revenue Code. | ||
(d) Enrollees may select an investment option from the |
permitted investment options listed in Section 45 of this Act. | ||
Enrollees may change their investment option at any time, | ||
subject to rules promulgated by the Board. In the event that an | ||
enrollee fails to select an investment option, that enrollee | ||
shall be placed in the investment option selected by the Board | ||
as the default under subsection (c) of Section 45 of this Act. | ||
If the Board has not selected a default investment option under | ||
subsection (c) of Section 45 of this Act, then an enrollee who | ||
fails to select an investment option shall be placed in the | ||
life-cycle fund investment option. | ||
(e) Following initial implementation of the Program | ||
pursuant to this Section, at least once every year, | ||
participating employers shall designate an open enrollment | ||
period during which employees who previously opted out of the | ||
Program may enroll in the Program. | ||
(f) An employee who opts out of the Program who | ||
subsequently wants to participate through the participating | ||
employer's payroll deposit retirement savings arrangement may | ||
only enroll during the participating employer's designated | ||
open enrollment period or if permitted by the participating | ||
employer at an earlier time. | ||
(g) Employers shall retain the option at all times to set | ||
up any type of employer-sponsored retirement plan, such as a | ||
defined benefit plan or a 401(k), Simplified Employee Pension | ||
(SEP) plan, or Savings Incentive Match Plan for Employees | ||
(SIMPLE) plan, or to offer an automatic enrollment payroll |
deduction IRA, instead of having a payroll deposit retirement | ||
savings arrangement to allow employee participation in the | ||
Program. | ||
(h) An employee may terminate his or her participation in | ||
the Program at any time in a manner prescribed by the Board. | ||
(i) The Board shall establish and maintain an Internet | ||
website designed to assist employers in identifying private | ||
sector providers of retirement arrangements that can be set up | ||
by the employer rather than allowing employee participation in | ||
the Program under this Act; however, the Board shall only | ||
establish and maintain an Internet website under this | ||
subsection if there is sufficient interest in such an Internet | ||
website by private sector providers and if the private sector | ||
providers furnish the funding necessary to establish and | ||
maintain the Internet website. The Board must provide public | ||
notice of the availability of and the process for inclusion on | ||
the Internet website before it becomes publicly available. This | ||
Internet website must be available to the public before the | ||
Board opens the Program for enrollment, and the Internet | ||
website address must be included on any Internet website | ||
posting or other materials regarding the Program offered to the | ||
public by the Board.
| ||
(Source: P.A. 99-571, eff. 7-15-16; 100-6, eff. 6-30-17; | ||
revised 10-5-17.) | ||
Section 690. The Prevailing Wage Act is amended by changing |
Section 9 as follows:
| ||
(820 ILCS 130/9) (from Ch. 48, par. 39s-9)
| ||
Sec. 9.
To effectuate the purpose and policy of this Act | ||
each public
body shall, during the month of June of each | ||
calendar year, investigate
and ascertain the prevailing rate of | ||
wages as defined in this Act and
publicly post or keep | ||
available for inspection by any interested party
in the main | ||
office of such public body its determination of such
prevailing | ||
rate of wage and shall promptly file, no later than July 15 of
| ||
each year, a certified copy thereof
in the office of the
| ||
Illinois Department of Labor.
| ||
The Department of Labor shall during the month of June of | ||
each calendar
year, investigate and ascertain the prevailing | ||
rate of wages for each county
in the State. If a public body | ||
does not investigate and ascertain the
prevailing
rate of wages | ||
during the month of June as required by the previous paragraph,
| ||
then the prevailing rate of wages for that public body shall be | ||
the rate
as determined by the Department under this paragraph | ||
for the county in which
such public body is located. The | ||
Department shall publish on its official website a prevailing | ||
wage schedule for each county in the State, no later than | ||
August 15 of each year, based on the prevailing rate of wages | ||
investigated and ascertained by the Department during the month | ||
of June. Nothing prohibits the Department from publishing | ||
prevailing wage rates more than once per year.
|
Where the Department of Labor ascertains the prevailing | ||
rate of
wages, it is the duty of the Department of Labor within | ||
30 days after
receiving a notice from the public body | ||
authorizing the proposed work,
to conduct an investigation to | ||
ascertain the prevailing rate of wages as
defined in this Act | ||
and such investigation shall be conducted in the
locality in | ||
which the work is to be performed. The Department of Labor
| ||
shall send a certified copy of its findings to the public body
| ||
authorizing the work and keep a record of its findings | ||
available for
inspection by any interested party in the office | ||
of the Department of
Labor at Springfield.
| ||
The public body except for the Department of Transportation | ||
with
respect to highway contracts shall within 30 days after | ||
filing with the Department of Labor, or the Department of Labor | ||
shall within 30 days
after filing with such public body, | ||
publish in a newspaper of general
circulation within the area | ||
that the determination is effective, a
notice of its | ||
determination and shall promptly mail a copy of its
| ||
determination to any employer, and to any association of | ||
employers and
to any person or association of employees who | ||
have filed their names and
addresses, requesting copies of any | ||
determination stating the particular
rates and the particular | ||
class of workers whose wages will be affected
by such rates. If | ||
the Department of Labor ascertains the prevailing rate of wages | ||
for a public body, the public body may satisfy the newspaper | ||
publication requirement in this paragraph by posting on the |
public body's website a notice of its determination with a | ||
hyperlink to the prevailing wage schedule for that locality | ||
that is published on the official website of the Department of | ||
Labor.
| ||
At any time within 30 days after the Department of Labor | ||
has published
on its official web site a prevailing wage | ||
schedule, any person affected
thereby may object in writing to | ||
the determination or such part thereof
as they may deem | ||
objectionable by filing a written notice with the
public body | ||
or Department of Labor, whichever has made such
determination, | ||
stating the specified grounds of the objection. It shall
| ||
thereafter be the duty of the public body or Department of | ||
Labor to set
a date for a hearing on the objection after giving | ||
written notice to the
objectors at least 10 days before the | ||
date of the hearing and said
notice shall state the time and | ||
place of such hearing. Such hearing by a
public body shall be | ||
held within 45 days after the objection is filed,
and shall not | ||
be postponed or reset for a later date except upon the
consent, | ||
in writing, of all the objectors and the public body. If such
| ||
hearing is not held by the public body within the time herein | ||
specified,
the Department of Labor may, upon request of the | ||
objectors, conduct the
hearing on behalf of the public body.
| ||
The public body or Department of Labor, whichever has made | ||
such
determination, is authorized in its discretion to hear | ||
each written
objection filed separately or consolidate for | ||
hearing any one or more
written objections filed with them. At |
such hearing , the public body or
Department of Labor shall | ||
introduce in evidence the investigation it
instituted which | ||
formed the basis of its determination, and the public
body or | ||
Department of Labor, or any interested objectors may thereafter
| ||
introduce such evidence as is material to the issue. | ||
Thereafter, the
public body or Department of Labor, must rule | ||
upon the written objection
and make such final determination as | ||
it believes the evidence warrants,
and promptly file a | ||
certified copy of its final determination with such
public | ||
body, and serve a copy by personal
service or registered mail | ||
on all parties to the proceedings. The final
determination by | ||
the Department of Labor or a public body shall be rendered
| ||
within 30 days after the conclusion of the hearing.
| ||
If proceedings to review judicially the final | ||
determination of the
public body or Department of Labor are not | ||
instituted as hereafter
provided, such determination shall be | ||
final and binding.
| ||
The provisions of the Administrative Review Law, and all | ||
amendments
and modifications thereof, and the rules
adopted | ||
pursuant thereto, shall apply to and govern all proceedings for
| ||
the judicial review of final administrative decisions of any | ||
public body
or the Department of Labor hereunder. The term | ||
"administrative decision"
is defined as in Section 3-101 of the | ||
Code of Civil Procedure.
| ||
Appeals from all final orders and judgments entered by the | ||
court in
review of the final administrative decision of the |
public body or
Department of Labor, may be taken by any party | ||
to the action.
| ||
Any proceeding in any court affecting a determination of | ||
the
Department of Labor or public body shall have priority in | ||
hearing and
determination over all other civil proceedings | ||
pending in said court,
except election contests.
| ||
In all reviews or appeals under this Act, it shall be the | ||
duty of the
Attorney General to represent the Department of | ||
Labor, and defend its
determination. The Attorney General shall | ||
not represent any public body,
except the State, in any such | ||
review or appeal.
| ||
(Source: P.A. 100-2, eff. 6-16-17; 100-154, eff. 8-18-17; | ||
revised 10-6-17.)
| ||
Section 695. The Workplace Violence Prevention Act is | ||
amended by changing Section 95 as follows: | ||
(820 ILCS 275/95) | ||
Sec. 95. Notice of orders. (a) Upon issuance of a workplace | ||
protection restraining order, the clerk shall immediately, or | ||
on the next court day if an emergency order is issued in | ||
accordance with subsection (c) of Section 70 of this Act: | ||
(1) enter the order on the record and file it in | ||
accordance with the circuit court procedures; and | ||
(2) provide a file stamped copy of the order to the | ||
respondent, if present, and to the petitioner.
|
(Source: P.A. 98-766, eff. 7-16-14; revised 11-8-17.) | ||
Section 700. "An Act concerning revenue", veto overridden | ||
July 6, 2017, Public Act 100-22, is amended by changing the | ||
headings of Article 1 (STATE TAX LIEN REGISTRATION ACT), | ||
Article 15 (REVISED UNIFORM UNCLAIMED PROPERTY ACT), Article 17 | ||
(AMENDATORY PROVISIONS; UNCLAIMED PROPERTY), Article 20 | ||
(AMENDATORY PROVISIONS; INCOME TAX), Article 25 (AMENDATORY | ||
PROVISIONS; STATE TAX LIEN REGISTRY), Article 30 (GASOHOL; | ||
ETHANOL FUEL), Article 35 (GRAPHIC ARTS), and Article 99 | ||
(EFFECTIVE DATE) as follows:
| ||
(P.A. 100-22, Tit. 1 heading)
| ||
TITLE ARTICLE 1. STATE TAX LIEN REGISTRATION ACT
| ||
(Source: P.A. 100-22, eff. 1-1-18.)
| ||
(P.A. 100-22, Tit. 15 heading)
| ||
TITLE ARTICLE 15. REVISED UNIFORM UNCLAIMED PROPERTY ACT
| ||
(Source: P.A. 100-22, eff. 1-1-18.)
| ||
(P.A. 100-22, Tit. 17 heading)
| ||
TITLE ARTICLE 17. AMENDATORY PROVISIONS; UNCLAIMED PROPERTY
| ||
(Source: P.A. 100-22, eff. 1-1-18.)
| ||
(P.A. 100-22, Tit. 20 heading)
| ||
TITLE ARTICLE 20. AMENDATORY PROVISIONS; INCOME TAX
|
(Source: P.A. 100-22, eff. 7-6-17.)
| ||
(P.A. 100-22, Tit. 25 heading)
| ||
TITLE ARTICLE 25. AMENDATORY PROVISIONS; STATE TAX LIEN | ||
REGISTRY | ||
(Source: P.A. 100-22, eff. 1-1-18.)
| ||
(P.A. 100-22, Tit. 30 heading)
| ||
TITLE ARTICLE 30. GASOHOL; ETHANOL FUEL
| ||
(Source: P.A. 100-22, eff. 7-6-17.)
| ||
(P.A. 100-22, Tit. 35 heading)
| ||
TITLE ARTICLE 35. GRAPHIC ARTS
| ||
(Source: P.A. 100-22, eff. 7-6-17.)
| ||
(P.A. 100-22, Tit. 99 heading)
| ||
TITLE ARTICLE 99. EFFECTIVE DATE
| ||
(Source: P.A. 100-22, eff. 7-6-17.) | ||
Section 705. The Revised Uniform Unclaimed Property Act is | ||
amended by changing Section 15-101 as follows: | ||
(765 ILCS 1026/15-101)
| ||
Sec. 15-101. Short title. This Act may be cited as the | ||
Revised Uniform Unclaimed Property Act. References in this | ||
Title Article 15 (the Revised Uniform Unclaimed Property Act) |
to "this Act" mean this Title Article 15 (the Revised Uniform | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Unclaimed Property Act).
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(Source: P.A. 100-22, eff. 1-1-18 .) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Section 995. No acceleration or delay. Where this Act makes | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
changes in a statute that is represented in this Act by text | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
that is not yet or no longer in effect (for example, a Section | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
represented by multiple versions), the use of that text does | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
not accelerate or delay the taking effect of (i) the changes | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
made by this Act or (ii) provisions derived from any other | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Public Act. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Section 996. No revival or extension. This Act does not | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
revive or extend any Section or Act otherwise repealed.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Section 999. Effective date. This Act takes effect upon | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
becoming law.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||